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193304ORIGINAL TO CITY.CLERK •19t3304 CITY O ST. PAUL FILE NCIL NO OFFICE OF TIHE CITY CLERK COUNCIL RES,QLAON— GENERAL FORM RESOLVED, that upon appeal of Margaret Miley and .Agnes Carey from the decision of the Commissioner of Parks, Playgroundskand Public Buildings, and upon the favorable recommendation of the Board of Zoning, the commercial use authorized on a portion of Lot 13, Block 50, Desnoyer Park Addition, near the southeast corner of Cretin and Marshall Avenues, is hereby extended to the entire lot, and permission is hereby given to the owners of such lot to devote the same in its entirety to commercial use, with the same intent, purpose and effect as if said lot had been entirely classified under the Zoning Code, Chapter 60 to 64 inclusive of the Saint Paul Legislative Code, as amended, in a Commercial District. COUNCILMEN Yeas Nays e . nr Holland Mortinson Peterson Rosen Winkel Mr. President, Dillon SM 5.58 2 Council File No.. 193304 —By Bernard T. Holland — Resolved, That, upon appeal of Mar- garet Miley and Agnes Carey from the decision of the Commissioner of Parks, Playgrounds and Public Buildings, and upon the favorable recommendation of the Board of Zon4ig, the commercial use authorized on a .portion of Lot 13, Block 50, Desnoyer Park Addition, near the southeast corner of Cretin and Marshall Avenues, is hereby extended to the entire lot, and permission is hereby given to the owners of such lot to devote the same in its entirety to commercial use, with the same intent, ff Purpose and -eect as if said lot had been entirely classified under the Zon- ing Code, Chapter 60 to 84 inclusive of the Saint Paul Legislative Code, as amended, in a Commercial District. Adopted by the Council July 28, 1959. Approved July 28, 1959. (August 1, 1959) JUL 2 3 1959 Adopted by the Council 19- JUL 2 8 1959 Approved 16 19- Th Favor Mayor (, Against 'OFFICE OF CITY- CJLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota July 24, 1959 Mr. Louis P. Sheahan Corporation Counsel Building Dear Sir: JOSEPH R. OKONESKI Cify Clerk HAROLD J. RIORDAN Council Recorder The City Council requested that you draw a resolution granting the attached appeal of Margaret Miley and Agnes Carey to extend the commercial use to cover all of Lot 13, Block 50, Desnoyer Park Addition, near the southeast corner of Cretin and Marshall Aves. Very City u ly y / Jerk MINNESOTA 8 :4. ..... R D .:: >.:•:ilk liFlsVd4.s31- 232 -se: OF ZONING,- CITY OF S 1313 CITY HALL AND COURT HOUSE Mr. Joseph Okoneski City Clerk Building Dear Sirs fd�a Sd°o� oO l� 6 G 00 PP6 \�eO 0 r •Cof p4�O9� bdo �d'� >ff ljsfdffV62 0G rd o ad 6 N1e Cj i d r dfo drys f�O��O�IpPS 6p 2°�dr f1j6P �'rPd�`9 d b P to o �O J dff s0 4L` j,!" P L •4J 1` �9e 461 � r? CEO • ���y?dr a_�l A f r � .0 709 Aso �o PO fgC;sa fit, y SAINT �O ?0 1� 0 0. j0 �1 O j f9s9J �0 rQ r �f �r x959 This is in the matter of the appeal of Margaret Miley and Agnes Carey to extend the commercial use permitted on a portion of their property to the entire property. This property is located adjacent to the southeast corner of Cretin and Marshall Avenues. The legal description is: Lot 13, Block 50, Desnoyer Park Addition. The zoning of the westerly 30.54 feet of the lot is zoned commercial, and the easterly 9.46 feet is zoned "Cn Residence and has been since the adoption of the ordinance in 1922. This site has a frontage of 40 feet along Marshall Avenue and a depth of .172.9 feet, resulting in an area of approximately 6,916 square feet. If the appeal to extend the commercial use to the entire lot is granted, the applicants propose to sell the property to the Standard Oil Company for the purpose of removing the existing house in-order to enlarge and reconstruct their present filling station adjoining on the west,` The adjacent land uses are as followss north across Marshall Avenue are substantial single -fan ily residences fronting on Marshall Avenue; south and adjoining is a neighborhood grocery store fronting on Cretin Avenues south across an alley is a single - family residence fronting on Cretin Avenue; east and adjoining are single- family residences fronting on Marshall Avenue; west and adjoining is the existing filling station which is to be rebuilt. Field investigation discloses no objections as the redevelopment and enlargement would be an improvement over the present operation. The easterly portion of the lot, which is under consideration, would be used as a'buffer between the proposed filling station operation and the adjoining residence to the east. The Board of Zoning considered the matter at their meeting on June 4th, 1959, and it is their opinion that the granting of this appeal to extend the commercial use to cover the entire lot would not be detrimental to the.adjoining property, nor would it deviate from the purpose and intent of the ordinance. In consideration of the above factors, the Board of Zoning recommends the granting of this appeal to extend the commercial use to the entire lot as described above. HCW:mm Encl. Sincerely, Herbert C. Wieland Planning Director 1 • NOTICE OF APPEAL i HONORABLE MAYOR AND CITY COUNCIL clo City Clerk City of St. Paul, Minnesota We, Margaret A. Miley, a widow, and Agnes L. Carey, a widow, as record owners of the following described property: Lot Thirteen (13), Block Fifty (50),'Desnoyer Park, City of St. Paul; which is located at-the Southeast corner of Marshall Avenue and Cretin Avenue in St. Paul, and also designated as 2170 Marshall Avenue, St. Paul, Minnesota., which property is now being used as a residence; do now propose to sell the above described property to the Standard Oil Company of Indiana so that they may improve said property with the construction and maintenance of a modern service station. The purpose of this appeal is to extend to the entire above described lot the use district as a commercial district. This appeal is necessary because the use district boundary line divides said lot so that the easterly portion of said Lot Thirteen (13) is classified as "C" Residential and the westerly portion of said Lot is desig- nated Commercial; secondly, so that we may convey the above described property to the Standard Oil Company so that they may construct, maintain and improve said lot with a modern service station. This appeal is being taken under the legislative zoning code, chapter 64.03, Paragraph A. We have enclosed for your Honorable Body two site plans depicting the proposed use of the above captioned property. MARGAr A. MILEY r • J� b STATE OF �� ) _..------ C f - p^FLJCh1•• t' Z. F. N Y SS COUNTY OF ) Personally appeared before the undersigned, a Notary Public in and for said county and state, Margaret A. Miley, a widow, and Agnes L. Carey, a widow, personally known to me to be the parties who executed the foregoing ipstrument, and acknowledged that they executed the same as their free and voluntary act, for the uses and purposes therein set forth,, } ! Given under my hand and notarial seal, this a-- A.D. 195 a My commission expires ��