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193413Original to City Clark. 9P S 13 - CITY OF ST. PAUL COUNCIL N� l OFFICE OF THE CITY CLERK Council File No. 193513 —By Bern ard C U CIL ESOLUTION— GENERAL FORM Resolved, That upon appeal,of Emily' C, Haggerty and Robert W. Haggerty, doing business as Haggerty's Dairy PRESENTED BY Store, from the decision of the Com- COMMISSIONE DATE missioner of Parks, Playgrounds and Public Buildings, and upon the favor- able recommendation of the Board of Rn�ir4; t ie cnmmer�tal use authori?ed, RESOLVED , that upon appeal of Emily C. Haggerty and Robert W.1 Haggerty, doing business as Haggerty's Dairy Store, from the i}} decision of the Commissioner of Parks, Playgrounds and Public i I Buildings, and upon the favorable recommendation of the Board of Zoning, the commercial use authorized on a portion of the North i One -half of Lot 7, Block 2, Lake Park Third Division, located on the south side of Como Avenue between Snelling and Arona.Avenues, j is hereby extended to the 1&ntire lot, and permission is hereby given to the owner of said real property to devote the same in its entirety to commercial use, with the same intent, purpose and effect as if i said real property had been entirely classified under the Zoning ! Code as amended, in a Commercial District and in accordance with � 3 t plans approvedJuly 16, 1959. l COUNCILMEN Yeas Nays DeCourey Holland Mortinson Peterson Rosen Mr. President, Dillonl 5M 2 -57 2 In Favor Against I OFFICE OF CITY `CLERK BUREAU OF RECORDS 386 City Hall and Courf House Sf. Paul 2, Minnesota August 6, 1959 Mr. Louis P. Sheahan Corporation Counsel Building Dear Sir: JOSEPH R. OKONESKI Cify Clerk I HAROLD J. RIORDAN Council Recorder ._�' DI-G The City Council requested that you prepare a resolution granting the attached appeal of Hagerty's Dairy Store for the extension of Commercial use to cover the N- of Lot 7, Block 2, Lake Park Third Division, located on the south side of Como Ave. between Snelling and Arona Aves., in accordance with plans approved July 16, 1959• Very truly yours, , , a / j , ity Clerk MINNESOTA 8 0- : 7ti A'Nsl'oiis 251 -252-253 ZONING,,- CITY OF r IBIS CITY HALL AND COURT HOUSE Mr. Joseph Okoneski City Clerk Building Dear Sir: SAINT PAUL 0 SAIttT.PAUL ], MINNISOTA August 4, 1959 This is in the matter of the appeal of Hagerty's Dairy Store to extend the commercial use permitted on a portion of their property to the entire site on property located on the south side of Como Avenue between Snelling and Arona Avenues. The property is described as the north one -half of Lot 7, Block 2, Lake Park :Third Division. The north 100 feet of the site is zoned commercial and the balance "Bt1 residence and has been since the adoption of the Ordinance in 1922. The property under consideration has a frontage of 50 feet along Como Avenue, and-a depth of 120 feet which results in an area of 6,000 square feet. A two - story frame building housing a dairy -store on the first floor and four apart- ments above was recently moved on to this site. The purpose of the appeal to extend the commercial use to the entire lot is to enable the applicant to pro- vide off- street parking for the four apartments on the second floor of his building, and for the customers of the dairy store. North across Como Avenue is a drive -in business which fronts along Como Avenue; south across an alley is a single family residence fronting on Breda Avenue; east and adjoining is the Foodtown grocery parking lot; west and adjoining is a commercial develop- ment operated by the applicant which also fronts on Como Avenue. The Traffic Engineer has approved the plan for the parking lot which meets the standards for this type of facility. Field investigation discloses no basic objection as the area is already developed commercially. The granting of this appeal will not deviate from the purpose and intent of the Ordinance, nor will it be detrimental to the adjoining property owners. In consideration of the above factors, the Board of Zoning recommends the granting of the appeal to extend the commercial use to the entire lot on the above described property and in accordance with plans approved July 16, 1959. T ZONING APPEAL HCW :FGI It Encl. Notice- is hereby given that a public hearing will be held before the City Council at 10 A.M. on August 6, 959, in the City Council Chambdr in the City Hall and Court House, in the matter of the appeal of Hagerty's Dairy Store, under Chapters 60 to 64 in- clusive, St. Paul Legislative Code, Zon- ing Code, for the extension of Com- mercial use to cover the north ;� df Lot 7, Block 2, Lake Park 3rd Division, located on the south side of Como, between Snelling and Arona. Dated July 17, 1959. JOSEPH R. OKONESKI, City Clerk. (July 25, 1959) Sincerely, T_ 14&TC, Wa� H. C. Wieland Planning Director �e� 1 E. MEAGHER ARTHUR B. GEER B. B. MARKHAM CLYDE F. ANDERSON W. T. EGAN A. V. KUEHN O. C. ADAMSON, 11 W. D. FLASKAMP M. C. BRENNAN r. MEAGHER, LEER, MARKHAM 8L ANDERSON 000 ATTORNEY'S AT LAW Y 400 SECOND AVENUE SOUTH - SEVENTH FLOOR MINNEAPOLIS 1. MINNESOTAi FEDERAL 8 -5881 July 10, 1959 The Honorable Mayor and City Council City of St. Paul City Hall and Court House St. Paul 2, Minnesota Gentlemen: MR; W. A. MOSSBERG. JF D. F GROMAN W. R. NELSON P. T. AITKEN M.J. 'COYNE M. REEDAL K. R. PEARSON R. G. SCHIEFELBEIN C. D. KNUDSON Re: Application of Haggerty's Dairy Store Our File Number: 17422. We represent Emily C. Haggerty and Robert W. Haggerty, doing business as Haggerty's Dairy Store. Recently, our clients purchased property located at 1552 Como Avenue in St. Paul, legally described as the North one -half (J) of Lot 7, Block 2, Lake Park Third Division. The purpose of this pur- chase was to utilize the property for a commercial use in the form of a dairy store and apartment building. We understand that the lot is approximately 125 feet in depth, but it was later discovered that-the rear 20 feet of said property adjoining an alley is not zoned for commercial use, although the front portion of the property is zoned for commercial use. Emily C. Haggerty and Robert W. Haggerty, doing business as Haggerty's Dairy Store, hereby request that the City Planning Board of the City of St. Paul permit the entire lot purchased to be used for a commercial purpose; as the board is authorized to do under section 64.03, paragraph a. "Powers of Board" of the St. Paul City Ordinance. This section permits the City Planning Board to permit a use authorized on either portion of such lot to extend to the entire lot, where a use district boundary line divides a lot in a single ownership. At the present time, the property is not in use, and the proposed use of the property is to utilize the property as a dairy store and apartment building. The rear 20 foot portion of the lot which is now zoned non - commercial is to be used for parking in the building. The purpose of the appeal is to secure Y %10 rn �- C_ �:o r r. � W Re: Application of Haggerty's Dairy Store Our File Number: 17422. We represent Emily C. Haggerty and Robert W. Haggerty, doing business as Haggerty's Dairy Store. Recently, our clients purchased property located at 1552 Como Avenue in St. Paul, legally described as the North one -half (J) of Lot 7, Block 2, Lake Park Third Division. The purpose of this pur- chase was to utilize the property for a commercial use in the form of a dairy store and apartment building. We understand that the lot is approximately 125 feet in depth, but it was later discovered that-the rear 20 feet of said property adjoining an alley is not zoned for commercial use, although the front portion of the property is zoned for commercial use. Emily C. Haggerty and Robert W. Haggerty, doing business as Haggerty's Dairy Store, hereby request that the City Planning Board of the City of St. Paul permit the entire lot purchased to be used for a commercial purpose; as the board is authorized to do under section 64.03, paragraph a. "Powers of Board" of the St. Paul City Ordinance. This section permits the City Planning Board to permit a use authorized on either portion of such lot to extend to the entire lot, where a use district boundary line divides a lot in a single ownership. At the present time, the property is not in use, and the proposed use of the property is to utilize the property as a dairy store and apartment building. The rear 20 foot portion of the lot which is now zoned non - commercial is to be used for parking in the building. The purpose of the appeal is to secure Page -2- . authorization of the City Planning Board for the use of the rear 20 feet of the lot for a commercial purpose and the need of appeal is to allow the use of the rear 20 feet of the property for a commercial purpose. Attached are two copies of site plans containing information relative to the property involved in this appeal and to the proposed use of said property. Also attached is the sum of $30.00 as the appeal fee. Your favorable consideration of this request will be greatly appreciated, and if you need any further information, please feel free to contact the undersigned. Very truly yours, MEAGHER, GEER, MARKHAM & ANDERSON BY WRN : jb Encl.