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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' a I\v usT��r 0 U U.i �pv o b 4 '"4 t Lek Inn I/4) of tim *n (IA)6 !FTMWWP desicribed 160 cros Ne-O tkO ata�l�a p�cinb®fora "GcTi 1 Martyr pia t1A ft'Aar eg for Aftom liosd the ztoR liza 01 8004on mlovaen j!ADo 11 mp tw -Oixm RO). Rye te@ -tom PA)t tM=O NOrOacirly Haig sMd Mw Mae of Sectitm euvoix ( g 1�' T�hip tWenty�eixu 8Ag)b' a go **eA'ky�ftO (2i), a disti.we eR three humtrad thirty (330) feet; tbAnpm Woot ad distsueo of e eight fsoAundredths ( 3U � ®S) imete m0ft 01' FSes; ig the WOGtorly bOuDdAmy of eaid one (1/4) fe - iquaxter 11/4g sea46*4 thonco gouth a distance of three k rmd tarty ( 330) feet and thmuce j*st s dist A of three hnndrod twe9y &tOL$ht " eight em Amndredthe (329. 06) goat; =' ore or less. T* the #Wwof 1009innias, actordius to the PW thereof filed of record L% thei office of the Rogistjr oaf Nod* wig" avA for said Rom►say Cm mty, l aussota. � Y r 2 O� � 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