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1918479 Oginal to City Clerk PRESENTED BY f Council File No. 191847 — Ordinance No. , jrr 11472 —By Bernard T. Holland — OF D I N A Co ordinance amending the Zoning �[� Fy ode, Chapters 60,tc, 64, inclusive of the 184 Saint Paul Legislative Code, pertaining 41 `J i to Height Districts, Use Districts and Rezoning of certain properties in the City of Saint Paul, as amended. This is an emergency ordinance rendered nec -i 1 j/ essary for the preservation of the pub- - llc peace, health and safety. The Council of the City of Saint Paul Does Ordain: An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative Code, pertaining to Height Districts, Use 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 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 inclusive of the Saint Paul Legislative Code, pertaining to Height Districts, Use Districts and Rezoning of certain prop- erties 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 "B" Residence District to,t1Commercial District": Lot Seven (7), Block Twelve (12), Chute Brothers Division No.,12, Addition to the City of St. Paul, Minnesota, situated on the south side of Lafond between Grotto and Avon Streets, according to the recorded plat thereof on file, an&of recox&,�in- the office of the Register of Deeds of Ramsey County, Minnesota, ? subject to the following express exceptions and conditions: 1. That subject to any further reclassification of the 6xeinabove described real estate by virtue of proceedings therefor hereafter instituted, conducted and completed, according to the applicable provisions of said Zoning Code, as amended, and the applicable previsions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following specified uses, to -wit: a. Residential District uses permitted by the regulatory provisions of the said Zoning Code, as amended, in "A" Residence District, "B" Residence District, and "C" Residence District, thereby estab- lished, and b. Commercial uses which shall include no more than the operation of a beauty salon only, as such operation of a beauty salon shall be permitted by the regulatory provisions of said Zoning Code, as amended, in Commercial District thereby established. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest / v City Clerk 1M -67 8 Passed by the Council Tn Favor Against Orlainal to City Clerk 191 847 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. s .•� i 2. That the owners of said real estate, within the period of 60 days ,-next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owners' written acceptance of�this ordinance, incorporating, among other things, said owners' grant unto--said City of Saint Paul of a negative easement affecting said real estate for the imposition, maintenande and enforcement of the aforesaid restrictions and limita- tions upon the employment and use of the hereinabove described real estate, approved as to form and execu- tion by the Corporation Counsel and recordable in the office of the Register of Deeds. 3. That, in addition to other requixements.t-herefor, said written instrument of acceptance and grant shall incorpixate a cextified copy of this ordinance, and immediately upon the aforesaid filing of the same the City Clerk shall cause one of suchoounterparts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication'. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson D Rosen Winkel Mr. President (Dillon) r �_ � e Attest • l �{ _ s City Clerk YM 1247/ 8 APR 30 1959 Passed by the Council In Favor Against APR 3 01959 ,Dnroved: Mayor Duplicate to Printer ,lo. PRESENTED BY— ORDINANCE . 19 1 8'° 47 COUNCIL FILE NO. ( f (If ORDINANCE NO. Any ordinonce amending the Zoning Code, Chapters 60 to.-64 inclusive of the Saint Paul Legislative Code, pertaining to Height Districts, Use Districts and Rezoning of certain properties in the City of Saint Paul, as aleended. This is an amergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE! COLM IL OF THE CITY Oki SAINT PAUL DOES ORDAIN: Section 1. That the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative Code, pertaining to Height Districts, Use Districts and Rezoning of certain prop- erties in the City of Saint Pawl- as amended, be and the same is hereby further amended so as to rezone the following described property from "B" Residence District to "Commercial District ": Lot Seven (7), Block Twelve (12), Chute Brothers Division No, 12, Addition to the City of St. Paul, , Minnesota, situated on the south side of Lafond between Grotto and Avon Streets* according to the recorded plat thereof on file and of record in the office of the Register of heeds of Ramseur County, Minnesota, subject to the following express exceptions and conditions: 1. That subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereafter instituted, conducted and completed, according to the applicable provisions of said Zoning Code, as amended, and the applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is restricted and limited to the following specified uses, to -wit: a. Residential District uses permitted by the regulatory provisions of the said Zoning Code, as ascended, in ".A" Residence District, "B" Residence District, and 'C" Residence District, thereby estab- lished, and b. Commercial uses which shall include no more than the operation of a beauty salon only, as such operation of a beauty salon shall be permitted by the regulatory provisions of said Zoning Code as amended, in Commercial District thereby established. Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 12 -57 .46�0. 8 Passed by the Council Approved: Mayor Tn Favor Against Duplicate to Printer ORDINANCE , 191847 COUNCIL FILE NO. % PRESENTED BY ORDINANCE NO. 2. Tha7t the ovane:m of said real estate, within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully_ executed counterparts, said owners' written acceptanco of this ordinance, incoxpotating, among other things, said owners' grant vnt.oi said City of Saint Paul of a negative easement ,affecting said real estate -for the imposition, maintenande and enforcement,4kf the aforesaid restrictions and limits tions upon the employment and use of the hereinabove described real estate, approved as to form and execu- tion by the Corporation Counsel and recordable in the office of the Register of Heeds. 3. That, in addition to other requirements therefor, said written instrument of acceptance and grant shall incorporate a certified copy of this ordinance, and immediately upon the aforesaid filing of the same the City Clerk shall cause one of such counterperts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, *inne rota. Section 2. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 3. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 12 -57 .00*. 8 APR 3 0 1959 Nays Passed by the uncii Favor gainst A P 3 0 1959 Approved: Mayor 0' /r+ City of Saint Paul, Minnesota V PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of two - thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the.-gollowing described property: (legal description and street address) � Lot 7 Block 12 Chute Brothers Division Rosemary C & Catherine M. Thury 766 Lafand -Ave. omo from a R Req District to a CQ_ District, for the purpose of installing, constructing and /or operating-Tthe,'�follo ng: (describe briefly the proposed facility) s Beauty Salon o RECORD OWNER SIGNATURE LOT BLOCK ADDITION n William C. & Emilie r Affa;�_ NJ Chute Brothers Aufenast 7ffg 2 12 Division Katherine Berc k �� 7 s 26 12 1 Chute Brothers Division Martin T Schafer a_JL7 027 12 Chute Brothers Harr�Z C Division Lorraine M. McGuigan 22 3 Syndicate Addition No. bzaze o= minnesoza) County of Ramsey )ss being first duly sworn, deposes and states that he is the person who circulated the within "petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediatelylfollowiag each name; that this petition was signed -by each of said owners in the presence of this affiant, and that the signatures above are" the true and correc si atures of each and all of the parties so described. Subscribed and sworn to before me this day of Notary Public, Ramsey County, Minn. My Commission expires Page of pages. Approved as to form 7/2/54 z - Office of the Corporation Counsel Z -1 7/2/54 City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) %ate: m �. z -n a c: TO THE HONORABLE MAYOR AND CITY COUNCIL ;G the City Clerk City of Saint Paul, Minnesota rn r Pursuant to Section 23, Ordinance 5840, we, the undersigned oims'of two- ­ r thirds of the several descriptions of real estate situated within'c.100 feet of th� real estate affected, hereby acquiesce; and we, the owners of 50% Sr moz% of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Lot 7 Block 12 Chute Brothers Division Rosemary C & Catherine M. Thury 766 Lafond Ave. from a R RR- _ District to a COM. District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) Beauty Salon RFmRn nWNF:R RTGNATH". TDT RIDCK ADDITION szaze o= minnesozai County of Ramsey )ss being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition 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. Subscribed and sworn to before me this day of Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel 111 1 M Chute Brother.5i Division PrOu M Chute Brother.A r, V21 �® Chute BrotherA Chute B'rother'A D - szaze o= minnesozai County of Ramsey )ss being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition 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. Subscribed and sworn to before me this day of Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel 1 + t{ . City of Saint Paul, Minnesota ` PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk a .o m - City of Saint Paul, Minnesota "n {��• Pursuant to Section 23, Ordinance 5840, we, the undersigned owners of V)- thirds of the several descriptions of real estate situated wiAin 100 feet of the real estate affected, hereby acquiesce; and we, the owners of ;I moILD of the frontage to be reclassified, petition your Honorable Body to v9zone the following r described property: (legal description and street address) cmr Block 12 Chute Brothers Division Lot 7 Rosemary C & Catherine M. Thury 766 Lafund A -Ve. from a B RES. District to a COM. District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) Beauty Salon RECORD OWNER STGNATITRE LOT BTACK ADDITION Herbert J & ute Brothers dams � 4 1. 2 Division Anna Raas 12 nhute Brothers Division ingenb F & Mable � 6 12 Chute Brothers F e t'a Division T dt ` 8 12 Chute Brothers r Division -F.dward J. S hmidt r 9 12 Chute Brothers Division State ox minnesota) County of Ramsey )ss being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition 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. Subscribed and sworn to before me this day of Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of.Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, we, the undersigned oaimer§ of t "- thirds of the several descriptions of real estate situated wit$in'100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or mor of the frontage to be reclassified, petition your Honorable Body to rezone -the �llowing described property: (legal description and street address) '0 m O Lot 7 Block 12 Chute Brothers Division o Rosemar C. & Catherine M. Thury 766 Lafond $ve. from a '0 h'ex District to a CCT?l District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) , Beauty Salon RECORD OWNER SIGNATURE LOT BLOCK ADDITION Ewald H. & Ruth 2 -Svndicate Kirchoff Addition No- Bernard R & Barbara A. Se Addition No George F. Frost a L.A 4 25 1 Syndi cate IV Addition No. Victor & Ma dalend 26 3 Syndi cate Bo et J C� Addition Rosemary C. & Chute Brothers VA Catherine M. Thur - I 7 12 Division szaze o= minnesozaj V County of Ramsey )ss �.�ccwJ being first duly sworn, deposes and states that he is pbb person w1fo circulated the within petition consisting of pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition 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. Subscribed and sworn to before me this 3 day of /9J� Notary Public, Ransey County, Minn. My Commission expires Z -1 7/2/54 a Page Of pages. Approved as to form 7/2 54 Office of the Corporation Counsel CITY OF SAINT PAUL - CAPITAL OF MINNESOTA DEPARTMENT OF FINANCE MRS. DONALD M. DeCOURCY, Commissioner JAMES P. RICHARDSON, Deputy Commissioner 113 Court House, Zone 2 CApital 4-4612 To the Council City of St. Paul Gentlemen: °® LEONARD C. SEAMER Valuation Engineer ELTOR A. DEHN Asst. Valuation Engineer CLIFFORD M. NYSTROM Chief Cashier HARRY A. JOHNSON Chief Clark February 26, 1959 I have examined the attached petition, filed in the matter of rezoning Lot 7, Chute Brothers Division No. 12 Addition (located at 766 Lafond Avenue) from Class "B" Residence district to a Commercial district, and find that said petition is sufficient. CH :se atla.ch . c.c. to Mr. Alfred Schroeder Yours very truly., Mrs. Donald M. DeCourcy Commissioner of Finance Ni DEED OF NEGATIVE EASEMENT AND_ACCEPTANCE _ ' OF ORDINANCE THIS INDENTURE, made and executed this 6th•day of' June.. 1959, by and between Rosemary C. Thury & Catherine M. Thury of °the County -of- Ramsey, State -of Minnesota, herein- - after designated "the first party ", and yCity 'of- _Saint Paul.,' hereinafter . designated "the second party": WITNESSETH: . a = WHEREAS, the first party, "on and for a-considerable ` period, of time -next preceding the 6th day-of June,. 1959, were and ever since said. date, have been the owners, in .fee simple, of all of the following 'described real estate situate in the City of Saint Paul, County of Ramsey, - State of Minnesota, to- - wit • ., '. - - _ � � �- . _ 1: Lot .Seven (7 ), .Block Twelve (12)2 •'Chute Brothers Division'No. 12, Addition to the City of St.. Paul, Minnesota,-situated on the south side_ of Lafond between Grotto and ` Avon Streets, according to the recorded Plat ' thereof on file and of record in the office Q0 of the Register of Deeds of Ramsey County, OD Minnesota: ,WHEREAS, said real estate on said date and fora �- considerable period- of-time next preceding.the same, was zoned z -and classified in "B" Residence District under and by virtue _ • N ' of City- of Saint Paul Building Zone Ordinance No. 5840, as Ln amended; Chapters,.60 to 64 inclusive, Zoning Code, Saint Paul • 3 Legislative Code, and pursuant to -the petition of the first party, the Council of the second party, according to the pro- F� visions of said Building Zone Ordinance and said Zoning Code and the statutes of the State of Minnesota, in such cases made` - ;w .. - : • - , - . • - and provided,'with the written acquiescence -of the owners of two- thirds of the several descriptions of real estate situated " within 100 feet of said real estate, duly enacted'City of Saint Paul Ordinance- No..11472, approved April,30, -199, and publish -_ ed -in. the Official Newspaper of the second party -on the 2nd day- of May, .1959, .amending e:aid •Ordinance No. 5840, as 'amended: and,,said Building' 'Zone Ordinance and,. said Zoning Code, - -so that said hereinabove described real estate was thereby and there - under rezoned - and'reclassified from "B" ' Residence `District to :Commercial- District,- subject_.to especial exceptions and -con -- - dit-ions in -,the nature of especial restrictions upon the'use of _the -,same whereby the use and= employment of said herein- above described .real estate was-restricted to the following uses and employments,•subject to further rezoning and reclassi -_ fication'of the same by virtue•of proceedings therefor there - after instituted, - conducted, and- completed, .,- according -to - applicable provisions'of - said Ordinance No. 5840, and said- Building Zone,Ordinance and said•Zoning Code, and of statutes of the State of Minnesota, to -wit: ' - (a) 'Residential District uses permitted by _ - - " -the - regulatory - -provisions- - -of the -said - Zoning Code, as amended; in'"A l"Residence _- District, TYB" Residence District, "C" Residence District, thereby established, o and . t • • - - (b)- Commercial uses which shall- include no more than the operation of a beauty salon only, ' as such operation of a beauty salon shall :-be permitted by the regulatory provisions of m = said Zoning Code; as amended, in Commercial, District thereby established. pp_ WHEREAS, the first party, for itself, its heirs, ` - - ' _ 2.- administrators, executors, and assigns, intends hereby to ac- cept said Ordinance'No. 11472, approved April 30, 1959, and to provide for the imposition, maintenance, and enforcement of such especial restrictions upon the use of said herein- _ , - above,described real estate to run -ywith the land and to grant unto the second party, in further compliance with the conditions of said Ordinance No. 11472, a negative.-easement therefor: NOW, THEREFORE, the first party, as such owner of said hereinabove described real estate, for itself, its heirs, administrators, executors, and assigns, does hereby covenant and bind itself, -its heirs, administrators, executors, and assigns unto the second party that,, in accordance with said Building Zone Ordinance and said Zoning Code, particularly as the same has been amended by said Ordinance No. 11472, said real estate -has been effectively restricted and limited in respect of its'use and_employment and.shall henceforth be '-restricted and limited in such particulars as follows, to -wit: "That, subject to any further reclassifi- cation of the hereinabove described real estate by virtue of proceedings therefor hereafter in- stituted, conducted and completed according to applicable-provisions of said�Building Zone Or- dinance and said Zoning Code, and applicable pro visions of the statutes-of the State of Minnesota, hereby, the employment of said real estate hence- forth is restricted and limited to the following- specified uses, to -wit: -(a)• Residential District uses permitted by the regulatory provisions-of the said Zoning Code, as amended, in' "A" Residence District, "B" Residence District, "C" Residence District, thereby established, and (b) Commercial - uses:which shall include no more than the operation of a .beauty salon only, as such operation of a beauty salon shall be permitted by the regulatory provisions -of said Zoning Code, as amended, in Commercial District thereby established: and the said first party, for itself, its heirs, administrators, -3- G' l--y c7J m "y` ,- i ♦ . - ., ' + _ n • ' _ 1. _ . grants, conveys and warrants unto ,hors, and as signs] _hereby , esecond Par -or �ity of Saint Paul, as such municipal' corporation, in trust /or the benefit of the public, `a ement in and to said }iereinabove des - perpetual negative ,�� . , - cribed real'estate 'd all thereof, for the imposition, main- ;�iment b the second-party, as such municipal tenance, and, enfort, y ; aforesaid restrictions and limitations upon corporation, of J0- the. use and emp7�y ent of sa.id'hereinabove described -real estate, run with thld, and for good and valuable consideration,_ to ., the receipt�d sufficiency whereof by the first party hereby are01 dged. a Y. FURTH$R,' the -first party makes reference ' to said Tding Zone Ordinance No. -5840 and said Zoning,Gode, as amended, and by reference 'incorporates _the same herein, as - - part hereof, with the same intent, purpose,..,-and-effect as if " said Building Zone Ordinance and said Zoning Code, were fully- set forth herein; and makes further reference to said amenda- tory Ordinance No. 11472 and to the duly certified copy-of the same hereto attached and hereby incorporated herein by reference-as part hereof; and said first party, for • itself, .. x - -its heirs, administrators,'executors, and assigns,'hereby C...D accepts said amendatory Ordinance No. 11472-as amended, and every provision, term, and condition,of the same without ,„ cc .reservation or exception. -. L " - t o I, li► 3 z .. IN TESTIMONX_WHEREGF, said -first party, Rosemary C. Thury & Catherine M..Thury, has set their hand to this in- strument'as of the day and year first above written. 4 In Presence of •STATE OF MINNESOTA - County of Ramsey On this. 6th day_, of June' , 1959, before me, r a Notary Public within-and for said County, personally appeared Rosemary C.- Thury & Catherine M. Thury, to me known • to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. I Notary Publidll County, Minn. l_. My- commission expires �� y� , 19 &/ Approued as form ant exeoutao a _ m y ' t•. this day of - -. b� ;. DEJED OF 3 GATTVE EASTfi4EP7T AND. ACGEPTANC �, 5 - . _ - - � - ;OF- ORDINAI�(�E .� � .. �. .. _ • • . THI$`2mN'URE, made and g ©cute4 thie 6th aayr of Juno -, i955, byosnd b©twobn' Rosflmary op Thurq &Catharine M.,t , Thury of the 'doivaty of Ramsey;;- S -tote of 'I4innea6ta; herein- _ after designatod "the_- f;.rst party.",- .and -•City of ;Saint- Paul; - horeinafter :designated "the second 'party_' ",t, + ; _ MDI RtAE4 ,-the first �artyj-_ on and f or a .considerable • poriod of _ t*o next 4prec ©ding. the '6-th ' A' ay of Junes 1959: - Mere _ and over since ,said :data liays ©en the Owrinrs,; in­ fee siple, of all of the fojlow ng Aoiteribed r'eEa- estate'- situate in­-the• City ' of Saint- Patil ,County of -State- of 'Minnesota, to- ti-tit x _ Lot Soven. (7)'., B,lock Twelve (12Y; 6fitate, - - Brothors;Division No. 12, Qdditidn to the City 'of St. Paul, Xinneeota,. 'situated on .' the south side, of Lafond b©tweon - Grottb and - Avon, Streets, according , to ' tho recorded ,Plat thereof • on file and of r000rd in tho-. offido of th ©•-Register of 15ceda -of Rams,07 County, Minnesota: _ O=AS's said real ',astato on said date and fo'r a considerable. period timo next preceding the - sam,o; was, zoned- . . _- and classified in 'IB't Resid©noe District -undor and by virtue' of. City of Saint +Paul Building tone Ordinance Ito,. 5840, •�s . ` amended ;. ChaptQr b0• to 6. ' nolusiva; :Zoning Code,. Saint `Raul Legislative Code, and pursuant _to -• the -pbtition` of the firs t'. ti party; the - CounciT,�of the soconL party, 'according, to the pro�..- visions of said. Building Zone Ordin.anco and said Zoning Code • = and the• statutes of` the State .of' I$inriegota, In such bases made Vj Jr ��`��1 and providedi-with•the_written acquiescence. of the owners of `two- thirds _of the several descriptions of real - estate situated within. 100 feet °of $aid' real estate, duly enacted City of Saint = • - s . Paul Ordinance No. 11472; . approved April 30,o';.1959,0-and publish- ' ed _3.n -the Official -Newspaper: of the second party on-_ the 2nd a day of -- May j.' 1959, f-m-ending' -e aid Ordinance No, -5840, as. amended: = n and said Building_ Zone Ordinance .and said Zoning - 'Code,; `so that' laid here inabove'degcribed .real - ersiate'was� thereby and there- under .rezoned and reelassified' from . "B" Residence District :to - _ itrict 'especial, exceCommercial ptions and con--,, ditions Jai-the nature'of eapeclal °,regtrictions upon the use. _ of the .same Vhereby- the use and employment of said herein'- above deseribed ,rea:l ,estate . was" restriet(idy to the following uses 'and employments,. = sub Sect to f'tiarther. rezoning and - recla.ssi - fic3ation of the same' by virtue of proceedings therefor there= after it stituted� conduated, and eomp16.ted,, accor."ding to- applicable provisions, of `said Ordinance No.. •-5kO' and-said = - _ Building, Zone • 6rd nanoe and said Zoning- -Code, and -of statutes of - the State of - Minnesota, to -wit �..' t' {a) Residential district uses perrriitted by i' the regulatory "provisions of the said Y _ Zoning. Code; as amended, in "e - Residence y District, "B" - .Residence District,.: • Residence bistrlot, 'thereby -establishedy i > and - _ •, , = (b) dommercial uses which shall, include no more _ . than the operation. of'. a. beauty,. salon only$ • as such operation of a beauty salon shall ` - be- permitte• by- the regulatory provisions ' - said Zoning {lode as amen deds, in Commerci ok'- al- :._ -- District_ thereby established,,- , the 'first .party; - for - itself, its heirs$ EREAS 1�*'� _ fir. _ i.1� —'� - •J.`* -J I y � _ ,. � a adminiotr4torip oxoautors, and aoolgnap. #ntonds horoby to ua- copt said .0rdinanco R'os M72_* Wrovod April 30,* 1 59, and to provldo for tiho UvoaiWnj naintoa anco' :,arta4 onf'oroamoht , of` ,snoh aspveial rostrit�tfona upon trio ueo _of said •horoln,- ±` abovo dosoribod .raal -•estato to run vit)i the land and to grant - unto tho seoond party. in turthor q ©mplianao xtiirh rho 4ciza,ditions of saId .Qrdingn0o fro, ?�72r ra, nag�rtlya aasomont tho 1247 'NOW's TzmxmRgs the first party, qs'aUoh ownor of said horoinabovo dosoriftd i eal ostato# for it aolfj., its hoirso adtd AdotratorQj f oxeoutora, m4, ar s .gna, ciQOS horoby oovo ant . } and band ItsoU.. ita holm, administrators, ozooutorsi and • assims unto the- 6oaond party 'that,, In -4coor -4une with said Buil.dina Zone • Ordlhanoo aad said Zoning -- Coda$, prartioulurly. , -a sa thv a=o has boors wdondod - by eaid, Qrd;LnanQ© Ao* _ said roal ostato hassboon offootlVoly 'rostriotod and 11mitod in rospeot- of its imo and crmplayraent and abt ll `h naoforth bo rostriotod and - 1ilnit ©d in sueh- partidultaSria as fol lows#, to -wit s �i ,t, dub foot to: any Xurthor roelaosifi- - nation of tho horoinabov© doscribod coal Ostato- , _ by virtue of procoodima therafor horoaftor. in., , a st .tutod conducted .and aomplotod .aocord -to. . appliaMb provisiono of said Buil,ding Zono br.* 41nanoo and said Zing Codo,,` and rapplioablo prow*` Visions of = tho- statutes of tho Stato of I-Itmes otam,, horoby, .tho emplpyxent of taatd royal astato nonce. .forth is ,rostrlatod - nd limited to the fol.low3ng opoolflod usosv to.•witj -(a) - Rosidontial. Dlstt4ot Usoa - pormittod by tho rogaatory. Provisiond of, the , said Zoning Codo.. as mtondodj,,- in "All Rosidonco Distrioty nBII Rosidoneo Bist:rietp 0011 Rooldonoo DI striato thdroby astablishod j and (b) Comorcial uses which shall• lnoludo no moro than the oration of a boauty .melon only* as sueh oporation 3 a . - beauty ca►lcm shall bo pormittod by tho rogul.atory providions of said Zoning Codo as mendedi. in - Commoraial Distriet thorvby -os hbliohodt and tho .laid first.partyg for Stsoltp. ito hoira; adrministtiator3i executors #, and assigns hereby. grants, conveys " and warrants unto the second party, _said•City of Saint Y?aul, as such municipal - = ` odrporation, in trugt for f.the benefit of. the public, a perpetual negative " - easement In--and to "said hereinabove des- cribe�d "real - estate and all thei eof, - for `+the impositioh4. main- tenanceo and•' enforcement ,by -the =second ,party, mu -as such nicipal ' corporation# of the,-aforesaid restrictions ' and limitations upon the 'use and employment of -said .hereinabove described real- estate, to run witdi,the land., 'and for _Zoodw and valuable consideration; the 'receipt and sufficiency whereof by the first party hereby = are acknowledged,` F'tIR!IHER, the, "first party makes reference to said ,Building Zorie`Ordinance No. 5840 and'•.said Zoning Code* as amendedf*, and by reference incorporates -the same herein,,-- a'- _ 4 pant hereof;:, with 'the, same intents - purpose,. and effect as if said Building Zone Ordinance and said Zoning Code, were'fully set_ forth herein; and makes further reference 'to- said amends' tory Ordinance N64­11472-,and to the duly certified ,copy of the saris hereto attached and- hereby incorporated herein by = reference as .part- hereof; and said first_ partyt -for itselfs its heirs, administrators; executors"; and assigns, hereby accepts said- amendatory,Ordinance No:':11472- as amended, and` ,every provision, term; and condition-of the same without reservation or expeption:, v -4- ­III TMTItTOIIY I-M- REUPt laid • first party4 , Roo' Thury S: Cathorino,lf, S'Thury* has eot thoix hand to this In- atrumont as or- the drag and year first above writton* In Presence- of STATE OF MINNESOTA � - - County of Ramsey v On this nth day- of. June , 1959, before me, . a _ Notary public within and for said County; personally appeared, , Rosemary C. Thury & Oatherine• M.. Thury,. 'to me known to be the persons described.-in, and who executed the .foregoing - instrument, and acknowledged that they executed the same -as their free act and deed.. < -c -e-ezz- _ Notary Publio'(� e��. Gounty, Minn, = My commission expires' 1q6 / APA1,01ime 9 Tor acv ettrrurtb ails Y �-- -- -- ---- Council File No. 191847— Ordinance No. 11472—By Bernard T. Holland — An ordinance amending +the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paulk Legislative Code, pertaining to Height Districts, Use Districts and Rezoning of certain properties in the City of Saint Paul as amended. This is an emergency or finance rendered nec- essary for the preservation of the pub- lic peace, health and safety._ The Council of the City of Saint Paul Does Ordain: SECTION 1 That the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Leg- islative Code, pertaining to Height Districts, Use 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 "B" Residence District to "Commercial District ": Lot Seven (7), Block Twelve (12), J Chute Brothers, Division No. 12, l Addition to the City of St. Paul, Minnesota, situated on the south side of Lafond between Grotto and , Avon Streets, according to the re- corded plat thereof on file and of ! record in the office of the Register of Deeds of Ramsey County, Minne- sota. subject to the following express ex- ceptions and conditions: 1. That subject to any further reclassification of the hereinabove de- scribed real estate by virtue of pro- ceedings therefor hereafter instituted,' conducted and completed, according to the applicable provisions of said Zoning Code, as amended, and the applicable, provisions of the statutes of the State of Minnesota, hereby, the employment of said real estate henceforth is re-! stricted and limited to the following specified uses, to -wit: a. Residential District uses permit- ted by the regulatory provisions of the said Zoning Code, as amended, in "A" Residence District, "B" Res- idence District, and "C" Residence District, thereby established, and b. Commercial uses which shall include no more than the operation of a beauty salon only, as such operation of a beauty salon shall be permitted by the regulatory provi- sions of said Zoning Code, as amended, in Commercial District thereby established. 2. That the owners of said real estate, within the period of 60 days next suc- ceeding the publication of this ordin- ance, shall file with the City Clerk, in two (2) fully executed counterparts, said owners' written acceptance of this ordinance, incorporating, among other things, said. owners' grant unto said City of Saint Paul of a negative ease- ment affecting said real estate for the 'imposition, maintenance and enforce- (ment of the aforesaid restrictions and limitations upon the employment and use of the hereinabove described real estate, approved as to form and execu- tion by the Corporation Counsel and recordable in the office of the Register. of Deeds. 3., That, in addition to other require- ments therefor, said written instrument of acceptance and grant shall incor- porate a certified copy of this ordin- ance, and immediately upon the afore- said 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 2 i This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. SECTION 3 This ordinance shall take effect and be in force upon its passage, approval and publication. Passed by the Council April 30, 1959. Yeas— Councilmen DeCourcy, Holland, Mortinson, Peterson, Rosen, Winkel, Mr. President (Dillon) -7. Nays -0. Approved April 30, 1959. JOSEPH E. DILLON, Attest: Mayor. I rnREPH R. OKONESKI, !4 STATE OF MINNESOTA County of Ramsey sa. CITY OF SAINT PAUL Joseph R. Okoneski, I+--------------------------------•---------------------------------------------------------------- - - - - -- -City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have 1918+7, being compared the attached copy of Council File No------------------------------------------- Ordinance No. 11+72, as adopted by the City Council- .._ - -- April 30th, 59 and approved by the Mayor .............. April 30th, 19 59 with the original thereof on file in my office. c trf_ T r �JJrsa d�T r 7ll I' '' triifi�3 r� said copy is a true and correct copy of thereof. the seal of the City of Saint Paul, Minn.. "- June, of------------------------------------------- - - - - -- - - -- w---- ------ - - City Clerk. 59. D. 19 -- -- - - - - -• o r/1 - --- - - - - -- F� r� W n c� M cd r�r^ "- OFFI -CE OF. CITY CLERK BUREAU OF RECORDS 4 386 City Hall and Court House St. Paul 2, Minnesota n Mr. Louis P. Sheahan Corporation Counsel Building Dear Sir: April 9, 1959 JOSEPH R. OKONESKI City Clerk HAROLD J. RIORDAN Council Recorder "A-91847 The City Council requested that you prepare an ordinance granting the attached petiticm to rezone Lot 7, Block 12, Chute Brothers Division No. 12, situated on the south side of Lafond between Grotto and Avon Sts., to Commercial District §Vb,7ect to the condition that the property shall be used for the operation of a beauty salon only. Very truly yours, ity Clerk MINNESOTA ate, t ...'.' R D. OF :':i:•.y .kxA'HKidN::at- 4a2 -]as .ZONING; -CITY OF SAINT GAUL 1313 CITY NAIL AND COURT NOU11 1AINT PAUL L MINN1 /bTA Mr. Joseph R. Okoneski City Clerk Building April 8, 1959 This is in the matter of the application of Rosemary and Catherine Thury to rezone from "Bit Residence to 11Commercial" certain property on, the south side of Lafond between Grotto and Avon Streets for the purpose of establishing and operating a'Beauty Salon in a residence. The legal description is: Lot 7, Block 12, Chute Brothers Div. No. 12. The present zoning of the property is "Bit Residence and has been since 1922. The Commissioner of Finance reports that,72% or 13 of the 10 property owners within the prescribed 100 foot radius have signed the petition. The property is presently developed with a single family residence which was built in 1951. If the application is granted, the applicant proposes to establish and operate a Beauty Salon within the residence. The property has a frontage of 40 feet along Lafond Avenue and a depth of 124 feet, producing an area of approximately 4060 square feet. The adjacent land uses are: east and west adjoining, single and two - family residences fronting on Lafond Avenue; north across Lafond Avenue single family residences fronting on Lafond Avenue; south across alley, single family residences fronting on Thomas,Avenue which is zoned commer- cially. Field investigation discloses that the reclassification of this property would establish a commercial spot zone in a one and two family residential area. A reclassification of the property would be detrimental to the area, deviate from the purpose and intent of the ordinance,.and would not be the highest and best use of the land. At the Zoning•Board meeting, 'the applicants stated that the rezoning was necessary in the applicanfid'; opinion, to provide a means of livelihood as it would enable one of the applicants to remain at home to care for an invalid father. The applicants- further stated that if the rezoning is granted, an additional room-,for the Beauty Shop operation would be con- structed which would have a separate entrance. In consideration of the factors outlined in the field investigation report hereof, the Board of Zoning recommends that the rezoning of the property under consideration from "Bit Res idence`s to- "Commercialtt be denied. Sincerely, YJ HCW /mm Herbert C. Wieland Encl. Planning Director • Q 1st - 2nd T/Z- Y r Laid over to ` 3rd and app - Adopted Nays eas Nays as. eCourcy eCourcy \Holland Mort inns$ own ortinson Peterson �eterson Rosen !Rosen Winkel \ Winkel �Vir. President Dillon Mr. President Dillon 19184,7