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212689ORIGINAL TO CITY CLERK 21. 26tq „i* CITY OF ST. PAUL FILE NO. NO. OFFICE OF THE CITY CLERK - 1 OUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATF RESOLVED, pursuant to the appeal under the Zoning Code by Engesath Construction Company, Inc., as owner of the subject premises situate in the City of Saint Paul, consisting of several lots, namely, Lots 7 thru 11, Block 1, Magler's Subdivision, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, that the provisions of said Zoning Code, as applicable to said premises, be and hereby are determined and varied to the extent necessary therefor, and that a permit hereby is granted for the construction thereon and-the use of each of said separate lots for single family dwelling purposes, the same as platted being deficient in respect of minimum frontage and area requirements fixed by the general provisions of said Zoning Code, each having a frontage of 39 feet on Beech Street and a depth varying from 123.07 to 123.08 feet, such deficiency being deemed unsubstantial and the granting of said permit being consistent with the public welfare and the general objective of said Zoning Code. COUNCILMEN Yeas Nays Dalghsh Holland Loss n Favor Mortinson Against Rosen Mr. President, Vavoulis 10M "2 I Council File No. 212689 By Frank I Loss — Resolved, Pursuant to the appea under the Zoning Code by Engesat] Construction Company, Inc„ as owne of the subject premises situate in th, City of Saint Paul, consisting of severa lots, namely, Lots 7 thru 11, Bloc 1 Magler's Subdivision, according to/ the Plat thereof on flle and of record in the office of the Register of Deeds in and for Ramsey County Minnesota, that the provisions of said Zoning Code, as applicable to said premises, be and hereby are -determined and varied to the extent necessary therefor, and that con- struction thereon as granted for the con - of said separate lots for single family dwelling purposes, the same as platted being deficient in respect of minimum frontage and area requirements fixed by the general provisions of said Zon- ing Code, each having a frontage of 39 feet on Beech Street and a depth vary - J ing from 123.07 to 123.08 feet, such de- ficiency beang deemed unsubstantial and the granting of said permit being consistent with'the public welfare and Code eneral objective of said Zoning Adopted by the Council May 10; 1963. Approved May 30, 1963. (May 18, 1983) i MAI 10 ' Adopted by the Council 19— my 10 1963 OFFICE OF CITY CLERK -BUREAU OF RECORDS :.386 City Hall and Court House St. Paul 2, Minnesota Mr. Donald L. Lais Corporation Counsel Building Dear Sir MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN 212689 Council Recorder Mhy 9, 1963 R E c rry - ,,.) MAY 10 1963 CORPORAI'i,ij ,r The City Council requested that you prepare a resolution granting the attached appeal of the Engesath Construction Co. for - permission to relax the frontage: and area requirements for single- family residences on property on the north side of Beech,St, between Clarence and Etna Sts.-, also described as Lots 7 through 11, Block 1, Magler's SubdivisiOff* .`'.� Very truly yours, City Clerk ` CITY OF SAINT PAUL - MINNESOTA 8 r' 'A :< }; R D O F Z O N I N G, C I T Y • '-X Mi0Vdi,h 451 -454 -433 1015 CITY HALL AND COURT HOUSE Mrs. Agnes H. O'Connell City Clerk Building Dear Madam: OF SAINT PAUL This is in the matter of the appe Company to relax the frontage and family residences in an tW' resid on the north side of Beech Street which is described as Lots 7 thru SAINT PAUL 4, MINNESOTA � l AppEAL 'ZC� c �q ri that the °C ty irk e lepe MelanhMay ; 1,963, le it at�ouncij? Leh inCoristLmLtctioA and Court Eri eSatt s 6 e t relax eeacPea de a haP i� orivto T for Lsive. St for peltrT�e��'q em Ats ges- ln8 Code d area a ces q thru re Ile -lamil ti t ion cate Clan TV . nce D Aler s_Shhbe een pOtjl side of id Ewa• 19. 1963• 1,L, Dated B'.Prli O' COlylNCler1K. (April20.19631 �_.—..�uction s for single - ..craZ zone on property located between Clarence and Etna Streets 11, Block 1, Magler's Sub. The subject property is part of a plat consisting of one -half of a city block which was platted and recorded in 1926, each lot having a frontage of 39 and an area below the required minimum. It appears that an oversight occurred on the par of"- ffiie'Plat— Commission as the Zoning Code which was adopted in 1922 established a require- ment of a minimum width of 40 feet for each lot and a minimum area of 5 000 sauar. e feet: The subject property is vacan d i�3�s proposed to develop each of the five' lots with a single - family resi- dence, but it is required to secure Council approval because of the deficiencies,. To the east adjoining and for the balance of the block are several recently constructed single - family residences which front on Beech Street; south and across Beech Street is a parochial school playground; north and across an unimproved public alley are the rear yards of several single - family residences fronting on E. Minnehaha Avenue; west and across unimproved Clarence Street is the yard of a single - family residence. The Board of Zoning considered this matter at their regular meeting of April 11, and again on April 25, 1963. It is the opinion of the Board of Zoning that a hardship does not exist inasmuch as the five lots may be divided into four parcels and developed with four single- family residences. Therefore, the Board of Zoning recommends the denial of the appeal as outlined above. Sincerely, H. C. Wi�ela=n Secretary HCW:FGI Board of Zoning Z. F. 5183 .J K a� -1 WM. LESLIE ULVIN IRVINO C_CHRISTENSEN JERROLD J. SULLIVAN UT,NUW AMM C-UnISTENSEN ATTORNEYS AT I,&w 803 -804 GOAL CE B'UILD3WG, SAn-TT P-&UL 1, MINNESOTA CAPITAL 4 -3397 April 8, 1963 Honorable Council of the City of St. Paul St. Paul City Hall St. Paul 2, Minnesota Gentlemen: IN I wish to request your approval for issuance of building permits on Lots Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11), Block One (1), Magler's Subdivision, This subdivision was platted in 1926. The particular lots described above contained 4800,12 square feet each and each of them is 39 feet x 123.08 feet. The plat was approved in error in 1926 by the Plat Commission and the City Council in view of the fact that the minimum 40 foot frontage and 5000 square feet requirements were not met. In 1961 a building permit was issued for Lot Twelve (12) in the same block and subdivision. This lot is 38.83 feet x 123.07 feet and contains 4779.19 square feet. This building permit was issued pursuant to an appeal. Although the difference in dimensions are infinitesimal, the latter lot is still smaller than the five lots involved here. In 1963 my client, Engesath Construction Company, Inc., by and through its President, Magney D. Engesath, entered into a contract to purchase these lots. His intention was and is to construct on each lot a single family dwelling, 46 feet x 24 feet in size. Each dwelling would be approximately 5 feet from the east lot line and ten feet from the west lot line. Mr. Engesath has further arranged mortgage commitments for construction on each lot and has thereby incurred closing costs in connection with these mortgage applications. The mortgage AI R! Umvnv AwD Cxxzsxisivs:sw ATTommeYs AT LA. w 803 -804 Co nom Blummm a WM. LESLIE ULVIN 'SAINT P-&xm L,XXXXESOT& IRVING C.CHRISTENSEN CAPITAL 4 -3397 JERROLD J. SULLIVAN -2- commitments have been made by First Federal Savings and Loan Association, St. Paul, Minnesota, and the mortgages are ready to close on issuance of building permits. I enclose herewith a rough diagram of these lots indicating their size and dimensions. I also point out on this diagram that the total taxes on the lots as of now are $136.30. How- ever, the potential taxes on these lots after the construction is a total of $2,164.00. These lots face Beech Street as is shown on the enclosed diagram. The first cross street to the west is Clarence Street. The first main thoroughfare to the west is Johnson Parkway, being approximately one block from these lots. The first cross street to the east is Etna and the first main thoroughfare to the west is White Bear Avenue, approximately seven blocks from the above described premises. One block north of the premises is East Minnehaha Avenue. The main thoroughfare to the south of these premises is East Third Street. In view of the expenses incurred by Mr. will indeed be unfortunate if he cannot construction. Mr. Engesath had planned tion in the very near future and, of coi cannot be obtained within the next week schedule will be detrimentally affected will not be constructed in time for the Engesath to date, it pursue his plans for to commence construc- irse, if building permits or two, his construction because these houses 1963 selling season. We earnestly seek your recommendation for the building permits and would appreciate same. Very truly yours, JJS:lr Jerrold J. 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