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192907ORIGINAL TO CITY CLERK COUNCIL 192907' ­�N CITY OF ST. PAUL" 0. .0 If:. ­ Council File - OFFICE OF THE CITY CLERK Rosen, by 7.to- red UNCILIESOLUTION —GENE rdeMars oft 3 Playroundsfv4 PRESENTED BY off - Beet Pr V"'. 10 lid COMMISSIONS ATE th'4�- -]or V L RESOLVED,) that upon appeal of Ken De Mars Construction, Inc. from the decision of the Commissioner of Parks, Playgrounds and Public Buildings, the off-street parking lot standards under the Zoning Code are hereby relaxed so as to permit the encroachment o if one off-street parking space within the minimum side -yard set back, in connection with the construction of a 7-unit �axtment building on Lots14 and 15, Block-7, Como ?xospect Addition, at the northeast corner of Dale Street and Cook Avenue. I JUN 2 61.959 COUNCILMEN Adopted by the Council 19— Yeas Nays DeCourcy JUN 26 1959 4 Approved 19— Mortinson I Tn Peterson Favor V4, Rosen Mayor Winkel ,Against Mr. President, Dillon 5M 5•53 2 PUBLISHED I OFFICE OF CITY (CLERK JOSEPH R.OKONESKI City Clerk BUREAU OF RECORDS . HAROLD J. RIORDAN Council Recorder 386 City Hall and Court House St. Paul 2, Minnesota June 11, 1959 _CO9 9op, Mr. Louis P. Sheahan ' Corporation Counsel l Building f Dear Sir: p The City Council requested that you prepare a resolution granting the attached appeal of Ken De Mars Construction, Inc. to relax the off - street parking lot standards to permit encroachment of one off - street parking space within minimum side -hard set back in connection with construction of 7nunit apartment building on Lots 14 and 15, Block 7, Como Prospect Addition, at the northeast corner of Dale St. and Cook Ave., ` - Very truly yours' h City Clerk MINNESOTA S, '::..'RD OF ZONING,' CITY OF SAINT PAUL :t:;r: #7ii[FN.ioFa:ss1_ss1 -197 1715 CITY HALL AND COURT HOUSE SAINT PAUL ],MINNESOTA ...:::........:.:.::::. June 10, 1959 Mr. Joseph Okoneski� City Clerk Building t Dear Sir: This is in the matter of the appeal of the Ken DeMers Construction Company to relax the off - street parking lot standards to permit the encroachment of one off - street parking space"within the ' minimunside -yard set backs; and to permit the erection of a seven -unit apartment building without the approval of the Planning Director as required under tegisiative Zoning Code 64.03 Section 4; paragraph 1, on property located on the northeast corner of Dale Street and Cook'Avenue. The legal description is: Lots 14,, 15, Block 7, Como Prospect Addition. On February 5, 1959,,,the applicant filed an application and parking lot plans for a six - unit - apartment building to be'developed on this property. The parking lot plan for this development was approved on March 2, 1959 by both the Traffic Engineer and the'Planning Director as is required under the off - street parking lot "requirements. On April 24, 1959, the applicant made application for a seven car-off-street parking lot on this same property, thus increasing the capacity by one car space. This plan was approved by the Traffic Engineer, but not by the undersigned as the proposed seventh space encroached -on the minimum side - yard requirement which is prohibited under the off - street parking lot standards, and because the seventh apartment unit exceeded the recommended density standards. The minimum side -yard requirement established by the Building Code is four feet. The adjacent land -uses are: -north and adjoining is a two -story single - family residence fronting on Dale Street; west across Dale Street is a single - family ' residence fronting on" Dale Street; south across Dale Street is-i vacant lot which adjoins a single - family residence fronting on Dale Street; east"agross an ungraded alley is a new single- family residence fronting on Loeb Street. In his appeal, the applicant states that -it is his contention that the-'proposed plan for the parking 'of one ' additional .motor vehicle •does not constitute -an encroachment upon the minimum side -yard requirement as provided for by the Building Code. However, the undersigned consulted the Corporation Counsel's office, and it is their opinion that the applicant is in error in his contention. The Board of Zoning considered this matter at their meeting of May 21, 1959, and in consideration of'the above`factors,'the'Board recommends the denial of this appeal to permit the encroachment'on the -minimum side -yard requirement'and to allow the'seventh apartment unit which would exceed the recommended density standards. f 4. - ! Sincerely, a R Herbert C. Wieland:— Encl. Planning Director PUELISHED 'S - 30 - -5�7 k r L ' LAW OFFICES NAHURSKI AND CYPTAR r MINNESOTA BUILDING SAINT PAUL I, MINNESOTA FRANCIS J. NAHURSKI t CAS14IR L.CYPTAR CAPITAL 4 -7821 ROBERT P. TOLAAS ff 1 May 139 1959 G E Office of the ;City Clerk of St. Paul, Minnesota 386 City Hallland Court House St. Paul 2, Minnesota Gentlemen: Re: 1064 North Dale Street St. Paul, Minnesota Enclosed herewith is original Notice of Appeal and our check for $30.00, representing the appeal fee required in and by Section 64.03 of the Zoning' Code of the City of Saint Paul. Enclosed for ,return to you also is your file, consisting of Plot Plan; our letter of April 23, 1959; letter of April 30, 1959, by Herbert C. Wieland, Planning Director, to the Mayor and Council Members; and your letter of May ;, 1959, to Mr. Louis P. Sheehan, Corporation Counsel. Please arrange to process this for the earliest possible action and hearing. I 1 u FJN: re i t� i Very truly yours, NAHURSKI AND CYP TAR Fraaci Nahvrski 1, OFFICE OF, CITY I CLERK JOSEPH R.OKONESKI City Clerk BUREAU OF RECORDS HAROLD J. RIORDAN 386 City Hall and Court House Council Recorder St. Paul 2, Minnesotae t '' MAY F CORPORATION COUNSEL 4, u May 7, 1959 r N r t, Mr. Louis P. Sheahan l Corporation Counsel Building Dear Sir: f The City Council requested your opinion as to whether or not Ken DeMars Construction Co: would have to file an appeal to the City Council in connec- tion with a permit to'enlarge a 6 -car private parking lot, as further described in the attached letter of Herbert C. Wieland, Planning Director. Very truly yours, i O Y City Clerk G - - G 9� i 3 MINNESOTA 8� April 30, 1959 Honourable Mayor and City Council B wilding r Dear Mayor aInd Council Members: This is with rieference to the petition of Ken. DeMers Construction Company for a permit to enlarge a six -car private parking lot being built in conjunction with a six -unit apartment building. On March 2, "1959, plans for a six -car parking lot were approved by both the City Traffic Engineer and the Planning Director as provided for in Section �60.23, paragraph (4), sub - section (1) of the Legislative Code. I The applicant now proposes to add one dwelling unit which will require one additional off - street parking space. The fifty foot width of this lots permits only six spaces to be built in this distance. The seventh space is being proposed between the building and the northerly side lot line. u The parking lay -out has been approved by the City Traffic Engineer. In the Zoning Code section dealing with design standards for parking lots, there is a requirement that no off - street parking space shall en- croach on the minimum yard areas established under this code and the Building Code. The Building Code requires that a four -foot side yard be maintained in this instance. The proposed location of this parking space encroaches on the side yard required and is, therefore, in vio- lation of the Building Code. The additional dwelling unit would also exceed the building coverage and density standards adopted by the Zoning Board. Based on the ,above -cited violation of the side yard requirements, I cannot approve the application for this permit and recommend that the City Council uphold this position. * Respectfully submitted; HCW:FS ;^ t Herbert C. Wieland Planning Director LAW OFFICES NAHURSKI AND CYPTAR FRANCIS J NAHURSKI CA51MIR L.CYPTAR 'ROBERT P. TOLAAS L } The Honorable Mayor and c/o The City Clerk Court House F St. Paul 2, Minnesota Gentlemen: Enclosed is Application the building now -under vehicles thereon. MINNESIOTA BUILDING SAINT PAUL I, MINNESOTA April 23, 1959 City Council CAPITAL 4 -7821 R E 01 E � W E 0`1 APR P-`1 1959 x;1'1 V rii.AtvialMu 'JoIlAIJ Saint POMI, Mil?mesoV% Re: 10641 North Dale Street for Special Council Use Permit of area adjacent to construction at the above address for parking seven The building above identified is under construction at the present time. The architectural design of said building and the type of apartments being put into it make the layout thereof much more efficient for seven apart- ments than for six apartments. As a matter of fact, if the building is limited to six apartments, waste space equivalent to an area sufficient to accommodate another apartment will be wasted. At the time of the commencement of construction, applicant was negotiating for the purchaee' of an additional amount of land immediately to the north of this building site, which would have made it possible for him to comply with the regulation which requires parking space of certain minimum'dimen. sions for the same atmnber of automobiles as there are apartments inithe building. -At that time, applicant had every reason to believe the land would be acquired. Since then, a change in ownership of the land in ques.. tion has thwarted applicant's plans, and it now appears that he will be unable to acquire it. The area of land - available for parking purposes upon applicant's own property is sufficient to accommodate seven automobiles, eventhough the square footage thereof is less than that prescribed by the regulation. Accompanying this letter is a print showing the proposed layout of the parking area. The only difficulty which the present layout present "e is that the parking of one vehicle would be closer than eight feet to `the building as required by the present regulation. Under the plan, as shown on the accompanying drawing, one car would be parked approximately Ilfour feet from the building. t The building is quite fire resistant in that it is stuccoed from the con- crete foundationaclear up to the roof and under the eaves. The area inside the building, adjacent to the place where the one automobile would be parked, on the ground floor is devoted to a utility room and will not be occupied for living purposes. The window frames and sash are of aluminum construction. Under the circumstances, it is applicants position 'that a I L Page 2 The Honorable Mayor and City Council April 23, 1959 1 1 i waiver of the square foot area requirement and,a permit to provide parking facilities as indicated on the drawing will present no danger to the occa- pants of the building, and will substantially comply with the purposes of the regulation concerning parking of vehicles upon a private lot as now provided for '_by the regulation. The purpose of this letter is to request a waiver of strict compliance with the square, foot area to be devoted to parking purposes, to permit applicant to provide for parking as shown on the attached drawing, and to complete the construction of said building as a seven unit in lieu of a six unit building. I Your favorable action will be appreciated. 1" Very truly mss 1' NAHURM A19D CYPTAB franc J. Nahurski a FJN:rs J Enc. 2 El APP 2" 1959 Cl it b 1 1.t' .AA'4IA%3 bOAKL) Saizat �'��1, Minm"OUR x II l c • - , , i ` - ;,, s r ` • t � J 411 1 ♦ . [ ► y + +� ` ' ••a - 4 I � M Y - k j TO THE HONORABLE MAYOR AND CITY COUNCIL c City of Saint Paul Court House and City Hall' St. Paul 20 Minnesota -- ` Re: 1064 No. Dale Street,. T Northeast corner of Cook and Dale Streets - St. Paul, Minnesota • L - t N O,T I C E O B A P P E A L THIS IS NOTICE that Ken De Mars Construction, Inc.9,hereby appeals to the Council of the City,of Saint Paul, Minnesota$-from the refusai'of the Building Department.of the City of Saint Paul; Minnesota, to accept appellant's applicar- tion fora building permit without the approval of the Planning Department. This appeal is taken pursuant to Section 64.03 of the Zoning Code of the ,City of Saint Paul and is based upon the following facts and seeks the relief hereinafter set forth,. to"wit:. ; 4 NSEMW,p the undersigned, Ken De Mars Construction, Inc.,towner of the above described premises and real estate, has heretofore procured a building permit for the construction thereon of a six unit apartment building with six off - street parking spaces, all`of which has been approved, and construction thereof is in progress, and, wBEREAS, said owner now desires to complete said structure,as a seven N yI. unit apartment and to provide off-street parking for one additional vehicle, and, NSZAS`on April 24, 1959, said owner filed his Application Fbr Special Use Permit, accompanied by prints of preliminary lay -out plan, all i2i' triplicate, , which were .r6ferred to the Planning Department, and, W AS,r.the Planning Department by letter to the Honorable Mayor and City Council, dated April 30, 19599 refused its approval of said application upon the grounds :.b • y j ♦ . , 1. 'That the proposed parking of the additional vehicle encroaches on the side yerd' requirements provided for in the Building Code; 2. That `the 'additio_nai' dwelling unit would also exceed, 'the building + +1 5 1 ;� • _ � it • coverage.and density standards adopted by the Zoning Board, and, , VE31 AS, without the approval of the Planning Board the Building Depart- - , ment will not accept said owner's application for,the required Building Permit; It is Ahe ownerts contention that the proposed plan for the parking of the one additional motor vehicle does not - constitute an encroachment upon the minim="side 'yard requirement as provided 'for• by the ' Building Code or the Zoning Code, and that if,the proposed plan exceeds the building coverage and density standards: adopted by the Zoning Board" the:same is a minimal variance and will not adversely affect= the public health, i safety and general welfare, and in order to accomplish` substantial• justice, said plan should be approved.' The owner further prays that if it is held `that the proposed parking . constitutes'an encroachment upon the minimum side yard, the same be waived. ' KEN DE MARS CONSTRUCTION,' INC. By NAHURSKI AND CYPTAR, Its•Attorneys Francis J4sahurwd J, t 630 Mi Iota Building St. Pa 1, Minnesota. . J 6 - - is •