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215573' Council File No. 215573 —By Frank L. 5573 ORIGINAL TO CIYY CLERK� ! • Loss-- - j r CITY 0. Application hereforh tinderpe Section F FILE NO. OFFICE OF 64.03 and Sect 13-1 _60.20, respectiyely, of the Zoni– , ( cn er,ch 'nst nce by a� COUNCIL RESOLD Chester y-I�.L� sut,j?c K to rf, y Id S r '1 1enC'/ T r r �— J PRESENTED BY (�Q�Qf. Z:'• I t COMMISSIONER r DATE RESOLVED, Upon the Appeal and Application therefor under Section 64.03 and Section 60.209 re- spectively, of the Zoning Code, in each instance.by Chester F. Moe, as the Owner of the subject real estate classified in "A" Residence District and "B" Residence District, under said Zoning Code, located in an un- developed section of the City of Saint Paul, and de- scribed as follows: Lots 16, 219 249 299 329 379 J. W. Bass' Acre Lots; that the provisions of said Zoning Code hereby are de- termined and varied, as neVessary therefor, and a temporary and conditional permit, for" a period not to exceed ten (10) years from and after the approval of this Resolution, hereby is granted unto said Appellant- Applicant and said Appellant- Applicant's successors in interest in respect of said real estate to excavate and remove sand, gravel and other soil materials in and from said real estate and to install, maintain and operate thereon the necessary and conventional equipment therefor; provided that the said permit shall be subject to revocation, by this Council, upon its adoption of its Resolution terminating the same upon its findings therein iw orporated and to the effect that the continued operation of said permit and the subject of the same are unwarranted, inconsistent with the general objectives of said Zoning Code or constitute a nuisance; and RESOLVED FURTHER, that said hereby granted permit is conditioned upon the compliance by said Appellant - Applicant and his successors in interest with all applicable provisions of Sections 60.20, 60.21 and 64.03 (subparagraph d) of said Zoning Code, in respect of said permit and said permitted operations on said real estate and the same is subject to the "further restriction that no excavation COUNCILMEN Yeas Nays Dalglish Holland '1 Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10Af 6-62 Adopted by the Council 19— Approved 19— In Favor Mayor Against ORIGINAL TO CITY CLERK • , ' 15, i CITY OF ST. PAUL COUNCIL NO. 73 OFFICE OF THE CITY CLERK FILE — 0 COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE - 2 - thereunder shall1 be authorized for any depth below that of the grade of any public street upon which said real estate abuts; and - RESOLVED FURTHER, that the aforesaid sections of said Zoning Code, Sections 60.20 and 60.21 and Section 64-.03' (subparagraph d), by reference, are in- corporated herein and made part hereof with the same intent, purpose and effect as if the provisions thereof were fully set forth herein. APPLICATION AND ZONING APPEAL Notice is hereby given that a public hearing will be held before the City Council at 10 A.M. on October 17, 1963 in the City Council Chamber in the City Hall and Court House, in the matter of the application and zoning appeal of Chester F. Moe, under Chapters 60 to 64 inclusive, St. Paul Legislative Code, Zoning Code, for temporary conditional permit f o r gravel pit in an "A" Residence District not to exceed a 10 year period ' on Lots 16, 21, 24, 29, 32 and 37, J. W. Bass Acre Lots, located in the vicinity of Arkwright and -Hyacinth. Dated October 3, 1963. AGNES H. O'CONNELL, City Clerk. (October 5, 1963) COUNCILMEN Yeas Nays Dalglish Holland Loss In Favor Mortinson Peterson Rosen Against Mr. President, Vavoulis 10M 6-62 Adopted by the Council NOV 21 = 19— 'OFFICE 05 CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota a ('� W. Donald L. Lais Corporation Counsel Building Dear Sir; MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder October- 24., 1963 RECEIVED OCT 2 4 1963 CORPORATION COUNSEL The-City Council requested that you prepare a resolution granting the appeal and application of Chester F. Moe for a temporary conditional permit to remove sand and gravel and install necessary equipment on property described as Lots 16, 21� 24, 29, 321 37, J. W. Bass Acre Lots, located adjacent to Arkwright St. and Hyacinth Ave., subject to review by the Council: if objections are voiced or nuisances complained of, and providing further, that no excavation be made below the street level. In the motion by Commissioner Loss that the permit be granted, he recommen- ded that the permit be granted and the applicant be permitted to install equipment for screening materials at this location. ery truly yours-"I ty Clerk � 01LA CITY OF SAINT PAUL - MINNESOTA. 8 'iiiii... `���`������!S RD OF ZONING, CITY OF SAINT PAUL ••••• ..::f7(KK iWV. 731- 454 -153 1315 CITY HALL AND COURT HOUSE SAINT PAUL 7, MINNISOTA .......:..:..:.:.:.:.:. October 16; 1963 Mrs. Agnes H• O'Connell City Clerk Building Dear Madam: This is in the matter of the appeal of Chester F. Moe who is requesting a temporary conditional permit to remove sand and gravel and install necessary equipment in an "A" residence district for a period not to exceed ten years on property located adjacent to Arkwright Street and Hyacinth Avenue which is described as Lots 16, 21, 24, 29, 32, 37, J.W.Bass Acre Lots. On June 27, 1963, the City Council heard and approved an application for a permit to remove sand and gravel on the above described property. This approval was authorized under Section 60.20 of the Legislative Zoning Code and all of the details of that application were incorporated in the Zoning Board's letter of June 25, 1963 to the City Clerk. At the time of preparing the resolution covering that approval, the City Attorney's office advised the applicant that because of the zoning classification of the subject property, it would also be necessary to secure Council approval under Section 64.03, par. "d" of the Legislative Zoning Code. The Board of Zoning is of the opinion that it would be desirable to level this property for development of single and two - family residences as is pro- posed by the applicant; however, because of the residential character of this area, it did not consider it desirable to permit the applicant to install equipmentlfor the purpose of processing the materials removed because of the dust, noise etc. created by this procedure. In consideration of the above factors, the Board of Zoning recommends the granting of the appeal for a temporary conditional permit for a gravel pit in an "A" residence district not to exceed a ten -year period in accordance with the terms of Chapter 60.20 of the Legislative Zoning Code, and further subject to renewal -4nnz&tX7y, but that no equipment be installed for process- ing said materials and suggested that these materials be processed at a suitable location carrying proper zoning classification. HCW :FGI Encl. Z. F. 5286 CC: Mr. Janes 1 Sincerely, C H. C. Wieland Secretary Board of Zoning r To The Honorable Council of the City of Saint Paul APPEALS The undersigned Chester F. Moe as owner of the following described real estate situate in an undeveloped section of the City of Saint Paul in the County of Ramsey and the State of Minnesota, to -wit: Lots 16, 21, 24, 29, 32 and 37 of J. W. Bass's Acre Lots which real estate is classified partially in an "A: Residence District and partially in a "B" Residence District by the Zoning Code of said City, being dissatisfied with the decision of the Commissioner of Parks and Recreation and Public Buildings construing and applying the provisions of the said Zoning Code in respect of said real estate, does hereby appeal therefrom to said Council for a special permit to be ranted by said Council under Section 6+.03 of said Zoning Code TSection 6+.03 par. d) operative for the period of ten (10) years from and after its issuance and authorizing said Appellant and his successors in interest in respect of said realestate, if any, to excavate and remove gravel, sand and other soil materials in and from said real'bstate and to install, maintain and operate thereon the necessary and conventional equipment therefor, subject to such provisions, terms and conditions as shall be imposed by said Council, in the premises, and that said Council shall determine and vary.the general provisions of said Zoning Code, in respect of their application to said real estate accordingly. uneszer b,. moe 130+ Arkwright St. St. Paul, Minnesota CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court Howe, Zone' 2 22 October 4, 1963 City Clerk 386 City Hall St. Paul 2, Minnesota File 16167; Page 1 You are hereby notified that the Council of the City of St. Paul will consider the matter of the application of Chester T. Moe for a temporary conditional permit for a gravel pit in an "All Residence Zone not to exceed a 10 -year period on the following described property: Lots 16, ft, 24, 29, 32, 37, J. W. Bass Acre Lots, located in the vicinity of Arkwright end Hyacinth Streets. A public hearing will be held in the Council Chambers of the Court House and City Hall in the City of St. Paul, at 10:00 a.m. on October 17, 1963. JAMES J. DALGLISH Commissioner of Finance 1! r -r ROBERT E. O'CONNELL SPECIAL ASSISTANT To the Council: CITY OF SAINT PAUL LEGAL DEPARTMENT DONALD L. LAIS CORPORATION COUNSEL July 229 1963 9i9y LOUIS P. SHEAHAN DIRECTOR OF LAW Re: Application for Permit to Remove Sand and Gravel and to install Equipment on Lots Zoned in "A" Residence and "B" Residence Districts The said a_o ication was made under Section 60.20 of the Zoning Code 6:nd the granting of the same thereunder is infeasible because of the "A" Residence and "B" Residence District classifications of the subject real estate. Never- theless, under Section 64.03, paragraph d., a temporary and conditional permit for such type of operation may be granted' by the Council'on appeal in undeveloped sections of the City, despite residential classification of the subject real estate. Said paragraph of said Section 64.03 reads as follows: "d. Grant in undeveloped sections of the city temporary and conditional permits for a period of time as warranted, however, not ex- ceeding ten years for structures and uses in contravention of the requirements of Chapter 60. The grantee shall give a bond of Five Thousand Dollars ($5,000.00) to insure the removal, at the expiration of the time limit, of non - conforming structures and a return of the premises to the use the property is zoned for. Said bond shall be in such form as may be approved by the Corporation Counsel, shall have such surety as may be approved by the Mayor 11 and shall be filed with the City Comptroller.' Applicant's attorney has been advised, in this matter, and it is contemplated that the applicant will insti- tute an appeal for such t e of permit under said Section 64.03. The above mentio application was not accompanied by any such appeal. I IV spec s mitted, / Lo s a an LPS:DM Director of Law :::• ..:::::•:.:..:: •.. ;........ ... ............................... ............ t; RD OF ZONING, CITY OF SAINT PAUL .. ............................... ••••• : S,I ' 1'N.:�A. 31 -939 -933 1013 CITY HALL AND COURT HOUSI SAINT PAUL 9, MINNISOTA June 25, 1963 Mrs. Agnes H. O'Connell City Clerk Building Dear Madam: This is in the matter of the application of Chester F. Moe for a permit to remove sand and gravel from property located on the east side of Arkwright Street between Hyacinth Avenue and Cottage extended, and also at the southeast corner of Arkwright Street and Hyacinth Avenue which is de- scribed as Lots 16, 21, 24, 29, 32, 37, J.W.Bass Acre Lots. Lot 16 is zoned "B" residence and the balance :`A" residence. This operation was originally granted in 1946 and discontinued about 1952. The owner wishes to renew the operation which would include the removal of the sand and gravel, screening, rock crushing etc. for the purpose of re- fining said materials. The surrounding area land uses consist of large tracts of vacant land and scattered single - family residences. The subject property consists of six platted lots, five of the lots being combined into one parcel of land resulting in a frontage of 759 feet on the east side of Arkwright Street and located north and adjacent to the north line of Hyacinth Avenue; the sixth lot is situated on the south side of unimproved Hyacinth Avenue and has a frontage.of 151.8 feet on the east side of Arkwright Avenue. Each of these lots extends to a depth of approximately 300 feet, resulting in a combined area of approximately 273,000 square feet, or approximately 6.3 acres. Field investigation discloses that the property is of a rolling terrain and that it would be desirable to level the site to make it suitable for single and two - family residential use as is stated in the applicant's application. It should be pointed out that the granting of this permit should be on'a yearly basis, and subject to renewal each year with the condition that no excavating would be done which would place this property at a grade below the established street grade of Arkwright Street and Hyacinth Avenue. In consideration of the above factors, the Board of Zoning recommends the granting of the application to- remove san an gra'F're°1 on the above described property in accordance with the terms o — hsa.pt -;e 60.20 the Legislative Zoning Code and further subjec o renewal annually, S�(incerely,fJ H. C. Wieland, Secretary HCW:FGI Board of Zoning Encl. Z.-F. 5216 v r r Zo t May 14, 1963 r TO THE CITY CLERK OF THE CITY OF ST. PAUL: - 1 APPLICATION FOR PERMIT TO REMOVE SAND AND GRAVEL AND TO INSTALL EQUIPMENT Application is hereby made, pursuant to Section 60.20 of the St. Paul Legislative Code, to remove sand and gravel and to install equipment on Lots 16, 21, 24, 29, 32 and 37 of J. W. Bass's Acre Lots. Each of the aforesaid Lots is approximately 150 feet by 300 feet. Each lot faces 150 feet on Arkwright with 300 feet of Lots 16 and 21 bordering on Hyacinth. The property is occupied by the Applicant and is used as a homestead. The property to be excavated is presently 20 to 40 feet above the grade of the adjacent streets. it is proposed to reduce the level of the lots to the grade of the streets. It is then intended to use the lots as building sites. A small operation is proposed and the equipment planned is a screen, a small hopper, a sand settling tank, a sand recovery device, a small crusher and conveyor. For the purpose of promoting silence, the equipment will bedriven by V -Belt and Roller Chain Drives. The applicant previ'ously'had - a permit authorizing an operation similar -to the one proposed but discontinued operations about 1952• Respectfully submitted, CHESTER F. MOE, Applicant i - 1304 Arkwright THOMAS MALON,E St. Paul, Minnesota Attorney for App-1 icant ti 730 Minnesota Building - St. Paul 1, Minnesota Z5-`A k1� ,. r a CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House, Zone 2 444 -4612 22 June 14, 1963 City Clerk 386 City Hall St. Paul 2, Minnesota You are hereby notified that the Council of the City of St. Paul will consider the matter of the application of Chester F. Moe for a permit to operate a sand and gravel removal operation and to install equipment. The property is located on the southeast corner of Arkwright and Hyacinth and the east side of Arkwright between Hyacinth and Cottage Streets extended. A public hearing will be held in the Council Chambers of the Court House and City Hall in the City of St. Paul, at 10:00 a.m. on June 27, 1963. JAMES J. D4LGLISH Commissioner of Finance File 16060, Page I. .......................... .................... BOARD OF y(f ;V[F: 751 -454 -453 ................ ZONING, CITY OF SAINT PAUL 1313 CITY HALL AND COURT HOUSE SAINT PAUL 7, MINNESOTA October 18, 1963 Mrs. Agnes H. O Connell City Clerk Building Dear Madam: I am submitting herewith copies of an area map showing the location of Chester F. Mows property upon which he is requesting authorization to install and operate a sand and gravel business. The Council asked that this map be prepared for purposes of orientation when they view the property. Sincerely, E.M.Johnson Zoning Specialist EMJ :FGE Encl. Z. F. 5286 HawTt;otaraP- I-- [Ed MARYLAND �! F-1 O RT 14 SCALD ON= Z06, ", wwp p- �wPopd APPLICANTS Chester F. 2600 BMJECi PROPER�`'Ys V r��� Existing Houese Fl - streot Nos. i Z 10 ul 0 IVY AVE FILE job o 5286 Mteo petober 17, 1963 PP�.ELARED BY THE CITY P3A—MIING BOARD OF SAIIN PAUL, MIMMSMA