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190380ORIGINAL TO CITY CLERK ' 190380 • CITY OF ST. PAUL F LE NO1 NO. OFFICE OF THE CITY CLERK COUNCIL RES UTION— GENERAL FORM PRESENTED BY Comm ISSIONE DATE RESOLVED, that upon appeal of Mrs. 'Effie Garrett from the decision of the Commissioner of Parks, Playgrounds and Public Buildings, permission is hereby granted, under the Zoning Code, Chapter 60 to 64 inclusive, of the Saint Paul Legislative Code, for the extension of a non - conforming use on property adjacent to the northwest corner of St. Anthony and Western Avenues, described as the south 44 feet of Lots 28, 29 and 30, Block 14, Mackubin and Marshallts Addition. ��ti13 COUNCILMEN Yeas Nays 'Muourcy Holland Mortinson Peterson Rosen Winkel Mr. President, Dillon W 5 -5e 2 Council File No. 190380 —By Bernard. T. Holland — Resolved, That upon appeal of Mrs. Effie Garrett from the decision of the Commissioner of Parks, Playgrounds and Public Buildings, permission is hereby granted, under the Zoning,, Code, Chapter 60 to 64 inclusive, of i the Saint Paul Legislative Code, for � the extension of a non - conforming use on property adjacent to the north- west corner of St. Anthony and West -' ern Avenues, described as the south 44 feet of Lots 28, 29 and 30, Block 14, Mackubin and Marshall's Addition. Adopted by the Council December 23, 1958. Approved December 23, 1958. (December 27, 1958) DEC 2 3 1958 Adopted by the Council 19 DEC 2 3 1958 Approved 19- V /�� —In Favor _J Mayor gainst OFFICE OF CITY CLERIC, BUREAU OF _. RECORDS ` 386 City Hall and Court House St. Paul 2, Minnesota December 18, 1958 JOSEPH R. OKONESKI Ci +y Clerk HAROLD J. RIORDAN Council Recorder 19 380 Mr. Marshall F. Hurley Corporation Counsel Building Dear Sir: The City Council requested that you prepare a resolution granting the attached appeal of Mrs. Effie Garrett for the extension of non - conforming use on the south 4+ ft. of Lots 28, 29 and 30, Block 14, Mackubin and Marshall's Addition, at thenDrthwest corner of St. Anthony and Western Aves. Ve truly yours , i�ty Clerk �r Z e DEC 18 1955 CORPORATION COUNSEL MINNESOTA 8<z> :t; R D O F +ai+:251- 212.153 ...:........................ ZONING, 'CITY 1318 CITY HAIL AND COURT HOUSE 4 OF SAINT PAUL SAINT PAUL 2,11111411,111601A December 8, 1958 Mr. Joseph Okoneski- 'City Clerk Building Dear Sir: This is in the matter of•tbe. appeal of Mrs. Effie Garrett,for,the extension of a non - conforming use on property located adjacent to the northwest corner of St. Anthony and Western Avenues. This property is described as the south 44 feet of Lots 28, 29, and 30, Block_ 14, Mackubin and Marshall's Addition. The zoning has been "B" Residence since 1922.-- The existing building on this site was erected in about 1914, and consists of a tavern, pool ball-,'and lunch room on the first floor; and three residential units on the second.floor. The applicant is desirous of. securing permission to construct an addition to the present building in order to provide a ladies' entrance to the lunch room, and new sanitary facilities. The present building line on Western Avenue which was established in 1922 by the structures in the block which were built prior to -that time,is 8 feet 4 inches. According to the plans submitted by the applicant, the proposed building would be located on the property line. Field investigation discloses that the extension of this present non - conforming use would be in conflict with future redevelopment, or rehabilitation of this area. The adjacent land uses are as follows: east across Western Avenue is the Ober Boys Club; north and adjoining are four one and two - family residences fronting on Western Avenue; south across St.Antbony Avenue is the new R/W for the Twin City Expressway; west and adjoining are residences fronting on St. Anthony Avenue. The Planning Board staff conferred with the Housing and Redevelopment Authority in this matter, and their conclusions are the same as ours, namely, that the extension should not be permitted. It is the .feeling of the Board of Zoning that the granting of this appeal would deviate substantially from the intent and purpose of the ordinance, and would be-detrimental-to the surrounding area. Therefore, the Board of Zoning recommends that this appeal to(extend a presently non - conforming use on the above described Property be denied. Sincerely, Herbert C. Wieland Planning Director HCW: FGI _ Encl. PUBLISHED T LETTER OF APPEAL St. Paul, Minn. .t October 22, 1958 TO: Honorable Mayor and City•Council j n T r, SUBJECT: Addition of building at 365 North Western. v lieant: Effie Garrett � a. Name of A " N pP b. Legal Description: South forty -four (44) feet ;of �Iiots twenty -eight (28), twenty- Lne,.r'(29 ),,,pnd thirty (30), Block Fourteen (10, Matkubin and Marshall's Addition. e. Street Location; Northwest Corner St. Anthony and Western. d. Present use of Property: Beer tavern, pool hall and lunch room. e. Proposed use of property Same f. Purpose of Appeal: To enlarge or make addition to present building. g. Need of Appeal: Improve rest room and lunching facilities and attract feminine trade. h. Chapter appealing under: Legislative Zoning Code, Chapter 64.03, Par. b, reading as follows: "Permit the extension of a non - conforming use or building upon a lot occupied by such use or building at the time of the passage of this ordinance, or permit the extension of a non- conforming use or building upon a lot where such non- conforming use or building was valid at the beginning of such use or construction of such building, provided that no non - conforming use shall be extended so as to permit the maintenance or operation of any filling station, vehicle parking lot, retd.l ice store or on -sale beer or intoxicating liquor establishment in any residential district except upon a hearing before the Council ten days after written notice to all property owners adjoining opposite and those on both sides of the street and streets bordering the site of the proposed filling station* vehicle parking lot, retail ice store or on -sale beer or intoxicating liquor establishment, within a distance of two hundred (200) feet, measured along the center of the streets or streets." Submitted herewith are two (2) copies of a Plot Plan showing present building and proposed addition, 5 .<-- PZ