196947Original to City Clerk
ORDINANCE 196941
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.-
among other things, said owner's grant unto
said City of Saint Paul of a negative ease-
ment affecting said real estate for the
imposition, maintenance and enforcement of
the aforesaid restrictions and limitations
upon the employment and use of the hereinabove
described real estate, approved as -to form
and execution by the Corporation C "'unsel and
recordable in the office of the Register of
Deeds.
3. That, in addition to other requirements
therefor, said written instrument of accept-
ance and grant shall incorporate a certified
copy of this ordinance, and immediatelyiupon
the aforesaid filing of the same the City
Clerk shall cause one of such counterparts
thereof to be filed of record in the office of
the'Register of Deeds in and for Ramsey County,
Minnesota.
Section C) This ordinance is hereby declared to be an emergency
ordinance rendered necessary for the preservation of the public
peace, health and safety.
SectionC: This ordinance shall take effect and be in force upon
its passage, approval and publication.
Mki 311960
Yeas Councilmen Nays Passed by the ouncil
DeCourcy
Holland
Aertinson.., In Favor
62 Peterson �y
Rosen r against
Winkel
Mr. President (Dillon)
Approved: MAY 31196
Attest: a
City Clerk Mayor
1M 8 -69 8
Original to City Clarkt
ORDIN
PRESENTED BY
Souncil File.iNo. 196947— Ordinance No.
11738 -By Alernard T. Holland —
An ordinance amending the Zoning
Code, Chapters 60 to 64 inclusive of the
Saint Paul Legislative Code, pertaining
to Use Districts, Height Districts and
Rezoning of certain properties in the
City of Saint Paul, as amended. This
is an emergency ordinance rendered
necessary for the preservation of the
196947 - ..
An ordinance amending the Zoning Code, Chapters
60 to 64 inclusive of the Saint Paul Legislative
Code, pertaining to Use Districts, Height Dis-
tricts and Rezoning of certain properties in the
City of Saint Paul, as amended. This is an
emergency ordin §nce rendered necessary for the
preservation of the public peace, health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That the Zoning Code, Chapters 60 to 64 in-
clusive of the Saint Paul Legislative Code, pertaining to Use
Districts, Height Districts and Rezoning of certain properties in
the City of Saint Paul, as amended, be and the same is hereby
further amended so as to rezone the following described property
from "A" Residence District to "C" Residence District:
The east 679 feet of the north 388 feet of the
south 490 feet of the east One -half (EJ) of the
Southeast One- Quarter (SE4), Section Two (2),
Township Twenty -eight (28)9 Range Twenty -two
(22), Ramsey County, Minnesota, - .
subject to the following express exception and conditions:
1. That, subject to any further reclassification
of the hereinabove described real estate by virtue
of proceedings therefor hereafter instituted, con-
ducted and completed according to applicable pro-
visions of said Zoning Code, as amended, and appli-
cable provisions of the statutes of the State of
Minnesota, hereby, the employment of said real estate
henceforth is restricted and limited to the follow-
ing specified uses, to -wit: (a) Residential
District uses permitted by the_regulatory provisions
of the said Zoning Code, as amended, in "A" Residence
District and "B" Residence District, and.(b) "C"
Residence District uses which shall include no more
than the erection, maintenance and operation thereon,
exclusive of the easterly 50 feet of the same, of
multiple housing or apabtment building or buildings,
and that no structural development or use shall be
made of said easterly 50 feet of the same anticipated
to -be ultimately acquired and dedicated by public
authority to public street purposes.
2. That the owner of said real estate,, - within the —____
period of 60 days` next -succeed- img-the- publication
of this -ord- inane-e, shall file with the City Clerk,
in two (2) fully executed counterparts, said owner's
written_acceptance of this ordinance, incorporating,
Yeas Councilmen Nays
DeCourcy
Holland
Mortinsoil
Peterson
Rosen
Winkel
Mr. President (Dillon)
Attest:
City Clerk
1M 8 -69 QD.8
Passed by the Council
In Favor
Against
Approved:
Mayor
f
t
TO THE HONORABLE, MAYOR AND CITY COUNCIL:
c/o the City Clerk = 00
- City of Saint Paul Minnesota_
s. _ • , . q
Pursuant. to Section 23, Ordinance 5840, we, the undersigned owners o tw.o -`
thirds of the several descriptions of real "estate'situated,within, 100 feet of the
real estate affected, hereby acquiesce;..and we, the oyvriers` of 5010 or more of
the frontage to be 'reclas.sified, petition your Honorable Body to rezone the
following described property:
The east six.•hundred seventy -nine ,(E. 679), feet
of the North three hundred eighty -eight (N.' 388)
feet of the South four hundred ninety (S. 490) feet
o .
of the East one -half tE. 1/2) of the Southeast one -
� 0 ' quarter (SE 1/4), Section two (2), Township twenty-
' _ X reight (28), Range twenty -two (22), Ramsey County,
a u-Minnesota, .
_ fror@a Class _ Residential District to, a Class C. Residential District, for the
i_lepur�se of installing, constructing and /or operating the following:, To erect _
�-� i.,saparentuildings.
Record Owner- Signature Description
Morton Berland, 8x : See Attached Exhibit A.
Harold Shear
Morton Berland & `f'f North 8- acres of the East 1/4 of the
Harold Shear Northeast 1/4 of the Northeast 1/4
' of Section 11, Township 28, Range
22, Ramsey County, Minnesota
Morton Berland South` 1/2 of the East 1/4 of the South-
ease 1/4 of Section 2, Township 28,
Range 22, according to the U. S.
Government Survey thereof.
Morton Berland'& South 1/2 of the West 1/2 of the East
Isaac-Berland - 1/2 of the Southeast 1/4 of Section 2,
Township 28, Range 22, according to
the U. S. Government Survey thereof.
,,STATE OF MINNESOTA
_SS.
COUNTY OF RAMSEY
51jear being first duly sworn, deposes and
'says. that he is the person who circulated the within petition, consisting, of 2
pages including Exhibit A; that the parties mentioned above are the owners
respectfully of the property placed immediately following each name; that
this petitiol --was signed by each of said, owners in the presence of this affiant
and that the signatures above are the true and correct signatures of each and
all of the parties so described. , r
Subscribed and sworn to before me this 3 day NovembPr,,1'
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NO: 6T. PAUL OFFICES PHONE.1 CAPITAL 4 -4759
17 7TH AvE. N. E. • _ ///���rrr
TEL.t SPRINO 7 -3070
A
HAROLD SHEAR
ATTORNEY AT LAW
B44 MINNESOTA BLDG.
ST. PAUL 1, MINN.
THOMAS J. ROONEY
ASSOCIATE
February 18, 1960
Honorable City Council
City of Saint Paul
Court House
St. Paul 2, Minnesota
Re: Rezoning Petitions -
East 679 feet of North 388 feet of South 490 feet of East
1/2 of Southeast 1/4, Section 2, Township 28, Range 22,
-West side of McKnight Rd. between Upper & Lower Afton
Roads -from a Class. "All Residence District to a Class
"C" Residence District.
East 112 of Northeast 1/4 of Northeast 1 /4 of Section 11,
Township 28, Range 22, except South 350 feet thereof,
and West 30 feet thereof, and East 679 feet of South 102
feet of East 1/2 of Southeast 1/4, Section 2, Township
28, Range 22, on West side of McKnight Road, - from a
Class "A11 Residence District to a Commercial District.
Gentlemen:
In view of the fact that the Board of County Commissioners
has not yet received the report of the City Planner in connection with the
above properties, and as the 90 days in which the Council action may be
necessary will soon be up, in behalf of the petitioners we would like a
resolution allowing us to withdraw the above petitions. We would also
like that the resolution contain a provision permitting the refiling of the
same petitions forthwith without additional charge. I understand from
Mr. Sheehan that this procedure would be the best under the circumstances.
Yours truly,
Harold Shear
HS /bc
i
�l
OFFICE G--,CITY CLERK
BURIAU OF RECORDS
386 City Hall and Court House
St. Paul 2, Minnesota
April 28, lg6o
JOSEPH R. OKONESKI
City Clerk
HAROLD J. RIORDAN
Council Recorder
47
Mr. Louis P. Sheahan
Corporation Counsel
Building
Dear Sir:
The City Council requested that you prepare an ordinance granting the
attached petition to rezone the east 679 ft. of the north 388 ft. of
the south 490 ft. of the E- of SFr, Sec. 2, T. 28, R. 22, on the west
side of McKnight Road between Upper and Lower Afton Roads, to Class "C"
Residence District, with the stipulation that any property which is
needed for street or highway purposes be excluded from the rezoning
proceeding.
Very truly yo s,
ity Clerk
MINNESOTA &�
• t
........... : $+ ARD OF ZONING,-CITY OF SAINT PAUL
........... - �Wft'HSVC►�F: 251- 454 -259 1915 CITY HALL AND COURT HOUSE SAINT PAUL 2, MINNISOTA
April 28, 1960
Mr. Joseph Okoneski
City Clerk
Building
4 bear Sir:
This is in the matter of Mr. Morton Berland petitioning to rezone from "A"
to "C" residence and•from "A" residence to commercial certain property
located on the west side. of McKnight Road lying between Upper and Lower
Afton Roads.
For ease of-identification, the two petitions will be referred to as Petition A
and Petition B. Petitioa requests the rezoning of the following described
property from 'W1 residence to commercial: the east one -half of the northeast
one - quarter of the northeast one- quarter of Section 11, Township 28, Range 22
except the south 350 feet thereof, and the west 30-feet thereof; and the east
679 feet of the south 102 feet of the east one -half of the southeast one -
quarter of Section 2, Township 28, Range 22, Ramsey County Minnesota, and
Petiton B requests the rezoning from "A" residence to "C" residence the
following described property: the east 679 feet of the north 388 feet of,
the south 490 feet of the east one -half of the southeast one - quarter of
Section 2, Township 28, Range 22, Ramsey County, Minnesota.
On December 15, 1959, the Commissioner of Finance reported both petitions
sufficient. The owners of all the property within the prescribed 100 foot
radius of the property to be rezoned as set forth in petition B have signed; �.
five of the seven (717o) owners of the property within the prescribed 100
foot radius of the area to be rezoned as set forth in Petition A have signed.
The property is vacant, wooded, and of rolling terrain. The applicant pro-
poses to develop the area requested for "C" residence with 136 walk -up type
apartmentd and off-street parking accessory thereto. The area under consider-
ation for commercial classification is proposed to be developed as follows:
the area lying north of the proposed realignment of Lower Afton Rodd would
be developed with a gasoline service station, drive -in restaurant, service
type stores and a medical clinic, all with off-street parking. That portion
lying south of the proposed realignment of Lower Afton Road would be
developed with a community type shopping center and off-street parking
facilities.
The properties under consideration do not presently have street frontage.
However, the petitioner's proposed plan indicates opening and extending
McKnight Road which would give the proposed /1C" residence area a frontage
of 388 feet. This tract would also have frontage on two.other proposed
streets. The proposed commercial area which is divided by Parcel G would
produce a frontage on McKnight Road of approximately 692 feet. The area
of Petition B consists of approximately 263,452 square feet, or six acres.
The area of PetitionA consists of approximately 662,300 square feet, or
15.2 acres.
_ - 'Morton Berland'*- *Page 2
The surrounding area on the east, west and north is undeveloped; south and
adjoining are two single - family residences fronting on present Lower Afton
Road.
The Board of Zoning considered the two petitions at the Board meeting of
December 17, 1959. At the meeting the Board members discssed at length
the matter that some of the property requested for rezoning would eventually
be needed for public purposes such as street and highway extensions and
relocations. The applicant stated that he agreed to exclude from the rezon-
ings that property which is needed for such purposes. The Board recommends
that the property,as described in Petitions A dnd B be rezoned from "A" to
11 C" Residence and commercial with the stipulation that any of the property
as described which is needed for street or highway purposes be excluded from
the rezonings.
It should be noted that subsequent to the Board of Zoning meeting of
December 17, 1959, the County Board of Commissioners directed the County
Attorney to employ appraisers for the purpose of submitting an appraisal
as to the cost of acquiring selected parcels of land in the area for re-
creation and highway purposes. Among the parcels under consideration is: -,a
tract owned by the petitioner which is some 362 feet in a north -south direction
and some 624 feet in an east -west direction.According to the applicant's
plan this tract is described as the east one -half of the northeast one - quarter
of the northeast one - quarter of Section 11, Township 28, Range 22, except the
south 350 feet and except the west 30 feet. .It is a portion of the area soukht
to be rezoned to commercial and for ease of It
is labeled Parcel 3
of Petition A on the attached map. It is felt that this area as above described
should be excluded from the rezoning to be consistant with the County Board's action
and the Board of Zoning's stipulation as set forth in its recommendation. As
a result of this consideration, a relatively narrow strip of land lying north
of the proposed realignment of Lower Afton Road would be zoned commercial if
the applicant's petition for rezoning is approved. This strip would be only
102 feet in a north -south direction. It is described as the east 679 feet of
the south 102 feet of the east one -half of the southeast one - quarter of
Section 2, Township 28, Range 22, and is labeled as Parcel 2 of Petition A.
It is the opinion of the staff that this tract of land with a frontage of
only 102 feet on McKnight Road should not be considered for commercial re-
zoning because of its location between a parkway and proposed apartment
development. Attention is also invited to the fact that the easterly 50 feet
of all the property described in Petitions A and B should be excluded from
the rezonings as this 50 foot strip of land is needed for the southerly ex-
tension of McKnight Road. The 50 feet would comprise one -half of the necessary
100 foot right -of -way as agreed by the County Engineer and the City Public
Works Department. Due to the rolling terrain and resulting grades of McKnight
Road in the area under consideration, the applicant should secure all street
grades for McKnight Road before starting construction on any building, and
due consideration should be given to slope easements.
In summary, as a result of the Board of Zoning's recommendation, subsequent
County Board action, and a final review of the matter by the Planning staff,
it is,therefore suggested that the matter be re- submitted to the Board of
Zoning for further consideration because of the substantial changes of land
use that have been proposed for this area.
HCW :FGI
Encl.
Sincerely, '
H. C. Wieland, Secretary
Board of Zoning
OFFICE • OF CITY CLERK
"BUREAU OF RECORDS
386 City Hall and Court House
St: Paul 2, Minnesota
Zoning Board
13th Floor
Building
Gentlemen:
April 12, 1960
1
JOSEPH R. OKONESKI
City Clerk
HAROLD J. RIORDAN
Council Recorder
The City Council referred to the Zoning Board for recommendation the
attached petition to rezone E. 679 ft. of N. 388 ft. of S. 490 ft. of E2 of
SE, Sec. 2, T. 28, R. 22, to Class "C" Residence District.
The Council set date for hearing in this matter for APRIL 28th.
T ity truly y urs
Clerk
O�
P �-�1��,Q�e�otia
MINNESOTA 8
CITY OF SAINT PAUL
CAPITAL OF MINNESOTA
DEPARTMENT OF FINANCE
MRS. DONALD M. DeCOURCY, Commissioner
Deputy Commissioner
Theodore A. Lovelari
113 Court House, Zone 2
CApital 4.4612
To the Council
City of St. Paul
Gentlemen:
"®
December 15, 1959
2
ZYfd
LEONARD C. SEAMER
Valuation Engineer
ELTOR A. DEHN
Asst. Valuation Engineer
CLIFFORD M. NYSTROM
Chief Cashier
HARRY A. JOHNSON
Chief Clerk
I have examined the attached petition filed in the matter of
rezoning
E. 679 ft. of N. 388 ft. of S. 490 ft. of E2 of SE4,
Sec. 2, T. 28, R. 22--West side of McKnight Rd.
from a Class IIAII Residence District to a Class "C" Residence District,
and find that said petition is sufficient.
CH;cp
Attach.
c.c. to Mr. Schroeder
Yours very truly,
Mrs. Donald M. DeCourcy
Commissioner of Finance
J
�j
1s — 2n
<, oo
Laid over to
3rd and app Adopted
Yeas Nays Yeas Nays
DeCourcy
Holland
Mortinson
Rosen
Winkel
Mr. President Dillon
DeCourcy
Holland
Peterson
/ ✓) Rosen
Winkel
Mr. President Dillon
s