Loading...
189502e, Qriginal to City lrk j ORDINANCE 1.89502 COUNCIL FILE NO. PRESENTED BY �f ORDINANCE.L 0 Council File No. 189502 — Ordinance No. 11351 —By Milton _Rosen, by request - ._ - Mn",,, '.� 'Y° ZV T ti- _t :. ­w-.44 ., An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul. 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 inclu- sive, of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, be and Jhe same is hereby further amended as to rezone Lot 15, Block 19',•Gotzian's Re- arrangement of Sigel's Addition, situated at the southeast corner of Atlantic and East Fourth Streets, from 1FA1t Residence District to Commercial District,, subject to the following express exceptions and conditions: Yeas Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 12 -57 8 Nays Passed by the Council - Tn Favor Against 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 applicable provisions of the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative Code, as amended, and applicable provisions of the statutes of the State of Minnesota, hereby, the employment of said -real estate henceforth is restricted_ and lim`ited=`tn-tK4 following specified uses,--- to -wit: - -(a) Residential District uses permitted by the regulatory provisions of said Zoning Code, as amended, in ".All' Residence District, 119" Residence District and "C" Residence District, thereby established, and (b) Commercial uses which shall include no more than the use J N of said property as a beauty shop, as the use as a beauty shop 0 shall be permitted by the regulatory provisions of said Zoning UJ o Code, as amended, in Commercial District thereby established. 0 2. That the owner of said real estate, within the period of 60 ® days next succeeding the publication of this ordinalce, shall file with the City Clerk, in two fully executed counterparts, said ownerts written acceptance of this ordinance, incorporating, among Paulof CL other things, said ownerts grant unto said City of Saint a CL negative easement affecting said real estate for the imposition, maintenance and enforcement of the aforesaid restrictions and limitations upon the employment and use of the hereinabove described real estate, approved as to form and execution by the Corporation Counsel and recordable in the office of the Register,of Deeds. 3. That, in addition to other requirements therefor, said written instrument of acceptance and grant shall incorporate,a. per- Yeas Councilmen DeCourcy Holland Mortinson Peterson Rosen Winkel Mr. President (Dillon) Attest: City Clerk 1M 12 -57 8 Nays Passed by the Council - Tn Favor Against Original to cicr.L 'ORDINANCE 1- 8!)502 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. tified copy of this ordinance, 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. 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 Rosen Winkel . Mr. esident ( o 1 �- ` R Attest. i •`' w y Clerk L 1M 12 -67 8 0Q7-'6,j1 Aa Passed by the Council-' Council " I Tn Favor 0 Against Approved- Mayor Approved• - - Mayor PUBLISHED j / -/ -0'? } V rf2 -1 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 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 following described property: (legal description and street address) A GOTSih /VS from a A "1 &;rs /ozz -lilt / District to a /AlkD M m451 C, /AL District, for the purpose of installing, constructing and /or operating the following: (describe briefly the propo ed fagilit' RECO OWNER �6 SIGNATURE 11 LOT BLOCK ADDITION haze o= minnesoza) County of Ramsey )ss /6 V0 1 Sf being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of 'A 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 / 41 this &7'4 day of��p, 19y-e Notary Public, Ramsey County, Minn. My Commission expires - 7GEORGE J. BOLDT, otary Public, Ramse County, Minn. My Commission Expires Dec. 9, 1962, Z -1 ?/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporatior/Eouns V62 RAI M' I i. /, 1, /, I, ,f 'F91 '11F .0290WIA"".j •.\ M, ,� �� iii Lam _� ���`�_ /�� � /�/ ".1 LLB ` 1W . i A um W= . t _ .. _ � 4 VIM M'V'A W/ 0" Al / W;4, MM haze o= minnesoza) County of Ramsey )ss /6 V0 1 Sf being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of 'A 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 / 41 this &7'4 day of��p, 19y-e Notary Public, Ramsey County, Minn. My Commission expires - 7GEORGE J. BOLDT, otary Public, Ramse County, Minn. My Commission Expires Dec. 9, 1962, Z -1 ?/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporatior/Eouns V62 RAI M' I i. /, 1, /, I, ,f 'F91 '11F �G - = 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 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 following described property: (legal description and street address) 10t /5 of SlE',IS 4pc from a A QFSI 0 A- 4, District to a C D /`1 /y ,e RC / AL District, for the purpose of instal ng, constructing and /or operating the following: (describe ri fly hthe propose f ci ljty)-��O.O'�� - - RECORD OWNER SIGNATURE LOT J ADDITION szaze o= mi.nnesoza) County of Ramsey �) ss 11wN v 10, 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. -7 Subscribed and sworn to before me /� this // f'4 day of sr Q-1 --z, � Notary Public, Ramsey County, Minn. My Commission expires GEORGE J. BOLDT, NoIary Public, Ramsey County, Minn. Z -1 7/2/54 My Commission Expires Dec. 9, 1962, Page of pages. Approved as to form ? 2 54 Office of the Corporation Counsel EAST 70 to TS / FT• o 3 17 a lf?1VX s c } i /6'' 3 IV 3 T 2 o F ?, ' G t>75 i //o y .�. LE A 4 4 5 T 64F F ,tO 77- 6,4- <o7--S u ? ?A(r "S 4o7- R q'FX= L o TS V 7 �r _ szaze o= mi.nnesoza) County of Ramsey �) ss 11wN v 10, 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. -7 Subscribed and sworn to before me /� this // f'4 day of sr Q-1 --z, � Notary Public, Ramsey County, Minn. My Commission expires GEORGE J. BOLDT, NoIary Public, Ramsey County, Minn. Z -1 7/2/54 My Commission Expires Dec. 9, 1962, Page of pages. Approved as to form ? 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. �C (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 following described property: (legal description and street address) T 0'-- s'i6 �ez�r 0 C /f / 9 /q r GOT Z iNN rs Rc.9R/?AN& E1lE'y A DD ,� �� 5 6 6 4 rG/4N r ,, c from a �� %IFS! I)EAIC L' District to a CD/y/rF/3C;ti L- District, for the purpose of installing, constructing and /or operating the following: (describe briefly the propose facili y) � REMRn nWNRR S Z T1W RTIOCK ADDITION 7, P W MV NWRV 00 W�� / W _��l /�Li I s � � i A/��J MO. I W fww? t WOR, Z OW M n: -MM RM I OF M OW A W A W W — i� J� y 31 F 0� IOU ozuT.e oI minnesozaJ County� of Ramsey ) ss To / 111eve A ► 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 t e 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 partiiees,,so described. Subscribed and sworn to before me / r� �-�� /lip✓/ / �� // this 114-4 day of v Notary Public, Ransey County, Minn. My Commission expires GEORGE J. SOLDT, :notary public, Ramsey County, n. Min MY Commission Expires Dec. 9, Minn. Z -1 7/2/54 Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel 't °C tt . a DEED OF NEGATIVE EASEMENT AND ACCEPTANCE �- OF ORDINANCE IF9f� THIS INDENTURE, made and executed this 12th day of November, 1958, by and between Anton M. Voeller and Margaret I. Voeller, husband and wife, of the County of Ramsey, State of Minnesota, hereinafter designated "the first parties ", and City of Saint Paul, hereinafter designated "the second party WITNESSETH : WHEREAS, the first parties, on and for a considerable period 6f time next preceding the 29th day of October, 1958, 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: Lot 15,.Block 19, A. Gotzian's Rearrangement of Sigel's Addition, according to the recorded plat on file and of record in the office of the Register.of Deeds of Ramsey County, Minnesota; WHEREAS, said real estate on said date and for a considerable period of time next preceding the same, was zoned and classified "A" Residence District under and by virtue of City of Saint Paul Building L Zone Ordinance No. 58+0, as amended; Chapters 60 to 6�+ inclusive, Zoning 1' Code, Saint Paul Legislative Code, and pursuant to the petition.of the first parties; the Council of the second party, according to the provisions of said Building Zone Ordinance and said Zoning Code and the statutes of the State of Minnesota, in such cases made 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. 11351, approved October 29, 1958, and published in the Official Newspaper of the second party on the 1st day of November, 1958, amending said Ordinance No. 5840, as amended; and said Building Zone Ordinance and said Zoning Code, so that said hereinabove described real estate was thereby and thereunder rezoned and reclassified from ' °A" Residence District to Commercial District, subject to especial exceptions and conditions in the nature of especial restrictions upon the DEED OF NEGATIVE EASEMENT AND ACCEPTANCE OF ORDINANCE THIS INDENTURE, made and executed this 12th day of November, 1958, by and between Anton M. Voeller and Margaret I. Voeller, husband and wife, of the County of Ramsey, State of Minnesota, hereinafter designated "the first parties ", and City of Saint Paul, hereinafter designated "the second party": 'r WITNESSETH: WHEREAS, the first parties, on and for a considerable period of time next preceding the 29th day of October, 1958, 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: Lot 15, Block 19, A. Gotzian's Rearrangement of Sigel's Addition, according to the recorded plat on file and of record in the office of the Register of Deeds of Ramsey County, Minnesota; WHEREAS, said real estate on said-date and for a considerable period of time next preceding the same, was zoned and classified "A" Residence District under and by virtue of City of Saint Paul Building Zone Ordinance No. 5840, as amended; Chapters 60 to 64 inclusive, Zoning Code, Saint Paul Legislative Code, and pursuant to the petition of the first parties, the Council of the second party, according to the provisions of said Building Zone Ordinance and said Zoning Code and the statutes of the State of Minnesota, in such cases made 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. 11351, approved October 29, 1958, and published in the Official Newspaper of the second party on the lst day of November, 1958, amending said Ordinance No. 5840, as amended; and said Building Zone Ordinance and said Zoning Code, so that said hereinabove described real estate was thereby and thereunder rezoned and reclassified from "A" Residence District to Commercial District, subject to especial exceptions and conditions in the nature of especial restrictions upon the use of the same whereby the use and employment of said hereinabove described real estate was restricted to the following uses and employments, subject to further rezoning and reclassification of the same by virtue of proceedings therefor thereafter 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 Building Zone Ordinance and said Zoning Code, in "A" Residence District, "B" Residence District, and "C" Residence District, thereby established, and . (b) Commercial uses including no more thaA the use of said property as a beauty shop, as the use as a beauty shop shall be permitted by the regulatory provisions of said Building Zone Ordinance, and said Zoning Code; as amended, in Commercial District thereby established. WHEREAS, the first parties, for themselves, their heirs, administrators, executors, and assigns, intend hereby to accept said Ordinance No. 11351, approved October 29,'1958, and to provide for the imposition, maintenance, and enforcement of such especial restrictions upon the use of said hereinabove described real estate to run with the land and to grant unto the second party, in further compliance with the conditions of said Ordinance No. 11351, a negative easement therefor: NOW, THEREFORE, the first parties, as such owners of said hereinabove described real estate, for themselves, their heirs, administrators, executors and assigns, do hereby covenant and bind themselves, their 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. 11351, 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: -2= "That, subject to any further reclassification of the hereinabove described real estate by virtue of proceedings therefor hereafter instituted, conducted and completed according to applicable provisions of said Building Zone Ordinance and -,said Zoning Code, and applicable provisions of the statutes of the State of Minnesota, hereby, the empioyment 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 Building Zone Ordinance and said Zoning Code as amended, in "A" Residence District, 'B" Residence District and "C" Residence District, thereby established, and (b) Commercial uses which shall include no more than the use of said property as a beauty shop, as the use as a beauty shop shall be permitted by regulatory provisions'of said Building Zone Ordinance and said Zoning Code; as amende$, in Commercial District thereby established; and the said first parties, for themselves, their heirs, administrators, executorsi and assigns hereby grant, convey and warrant unto the second party; said City of Saint Paul, asrisuch municipal corporations in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove described real estate and all thereof+ for the imposition; maintenance, and enforcement by the second party; as such municipal corporation; of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run with the land; and for good and valuable'consideration, the receipt and sufficiency whereof by the first parties hereby are acknowledged. FURTHER, the first parties make reference to said Building Zone Ordinance No. 5840 and'said Zoning Code, as amended, and by reference incorporate 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 make further reference to said amendatory Ordinance No. 11351 and to the duly certified copy of the same hereto attached and hereby ineorp&ted herein by reference as part hereof; and said first parties, for themselves, their heirs, administrators, executors, and assigns, hereby accept said amendatory Ordinance No. 11351 asxa� and every provision, term, and condition of the same without reservation or exception„ IN TESTIMONY AEMOF, said first partien, Anton M. Voeller and Margaret I. Voeller, have set their hands to this instrument as of the day Anton M. Voeller rgaret I. Weller and year first above written. In the Presence of: f -3- STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this % y` " day of November, 1958, before me a Notary Public within and for said County, personally appeared Anton M. Voeller and Margaret I. Voeller, husband and wife, to me known to be the persons described in, who executed, and whose names are subscribed to the within instrument, and acknowledge that they executed the same as their free act and deed. Notary Public, Ramsey County,Minn. : My commission expires 'A. W. r;CL NDIER jdotary Fu clic, Ramsey Cou, j; Win6l My Commission Expires June 2'7, 1954 Approved as to form and e utio this day of 1958. Xeg6al Assistant Corporation Counsel 3 Dpp6mte to Printer PRESENTED BY ORDINANCE OIL-11-6d �0se_w, COUNCIL FILE NO. ORDINANCE NO. 1-8956`2 An ordinance amending the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul. This is an emergency ordinance rendered necessary fox 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 inclu- sive, of the Saint Paul Legislative Code, as amended, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, be and the same is hereby T further amended as to rezone nit 9, R1 n_ck�t- ,' -s�Rp- arrangement of Sigel's Addition, situated at the southeast corner of Atlantic and Sank Fourth Streets{ from "All Residence District to Commercial District, subject to the following express exceptions and conditions: 1. That, sub;ect to any further reclassification of the hereinabove described zeal estate by virtue of proceedings therefor hereafter instituted, conducted and completed according to applicable provisions of the Zoning Code, Chapters 60-to 64 inclusive, of the Saint Paul Legislative Code, as amended, and applicable provisions of the statutes of the State Z-f Minnesota, hereby, the employment of said real estate henceforth is restrictLvd and limited to the following specified uses, to -wits (a) Residential District uses permitted by the regulatory provisions of said .Zoning Code, as amended, in "Ai' Residence District, , 111T" Residence District and "C" Residence District, thereby established, and (b) Commercial uses which shall include no more than the use of said property as a beauty shop, as the use as a beauty shop shall be permitted by the regulatory provisions of said Zoning Code, as amended, in Commercial District thereby established. 2. That the owner 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 fully executed counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of gaint Paulof a negative easement affecting said real estate for the imposition, maintenance and enforcement of the aforesaid restrictions and limitations upon the employment and use of the hereinabove described real estate, approved as to form and execution by the Corporation Counsel and recordable in the office of the Register of Deeds. 3. That, in addition to other requirements therefor, said written instrument of acceptance and grant shall incorpo te,A41gr- Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinson Tn Favor Peterson Rosen against Winkel Mr. President (Dillon) Approved Attest: City' Clerk Mayor 1M 12 -57 jWo 8 Daolimte to Printer ORDINANCE 1, COUNCIL FILE NO. PRESENTED BY,, ORDINANCE NO 1 -89502 tified copy of this ordinance, and immediately upon the afore- said filing of the same the City Clerk shall cause one of such counterpa .rts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County,!Ainnesota. Section 2. This ordinance is hereby declaxed to be an emergent 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 Rosen Winkel 7ent sid (Dillon) Attest : e M k. City Clerk 1M 12 -57 cOw s OCT 2 9 1958 Passed by the Council 7 In Favor 0 Against OCT 29 1958 Approved• JosC P H �14L 41 - Mayor .lam DEED OF NEMTIVE EASWW AND ACCEPUtCE _ T OF ORDINANCE " Tun INM TM' made and execute_ d this 12th day of Novezberi 195$ by and between Anton No Voeller and Margaret 1# VoeLler, husband and wife; -of the County of Ramsey, State, of Mi.nnesota,$ hereinafter designated "the first partieil i and City of Saint Faul, hereinafter designated "the. second ' WITNESSETS , - • j - 5. Wm"S', the first parties, on and for. a considerable period of time next preceding the29th day of October, 1958, were and ever - ,since ' said' date have been the. owners, in fee simple, -of al.1 of =the following: described reaal estate situate in ,the City-of Saint Paul, County of Ramsey, state of Minnesota,. to -wits Lot 15, Block 19, A. Gotziin's Rearrangement of Sigel'.s Addition,- according to the recorded plat on file and of : record is the office of the Register of Deeds of Ramsey County, Minnesota; WHEREAS, said real estate on •void date and fora considerable, period of time next preceding the seme.� was zoned and classified "A" , Residence District under and'by virtue of .City of Saint Paul 8ui«7.ding Zone Ordinance No. 5840, as amended; Chapt9rq 60 to 64- inclusive.* Zoning Code o Saint ~Paul Legislative- Code, and pursuant to the-petition of. the ; _ first parties, the Council of the second party; according ,to :the ,provisions of said Building Zone - Ordinance and said Zoning Code and the statutes i of the., - State' of Minnesota., in such case's made and provided.., with the writ , , acquiescence of the owners cY two - thirds' of the several. descriptions of t - real estate situated within 100 feet of said real estate, du],y enacted. City of Saint- POW. Ordinance No. 11351; approved October 29p'1958., and published in the Official, _Newspaper oY the second pasty on the lst day, Of November, 195$, amending said - Ordinance -No, 5840, as 4w- nded; and said Building Zons,- Ordinance and said Zoning Code, rao that- said hereizAbove described real es atW ifds thereby and thereunder - rezoned and.. reclabsified Pram "A" Residezice District to Commercial. District, subject to especial exceptUnb and conditions in the nature of,- especial restrictions upon the % ' use of the whereby . the- use and employment ' of said hereinabove described real estate teas restricted to -the following uses and ei*loymentsa subject to furthher resoning and reclsssifi.cation f the acme by virtue of proceedings therefor thereafter instituted.$ conducted, and completed$ according tc applie abler provisions of said Ordinance; No-' 5840, and said Buildin8-Zone Ordinance,and said• Zoning- Code, and of statutes of the _ State of Minnesota,, to -wit z = = , y Residential I3istiici uses pesrmitted by" the • = k regulatory provisions of = they • said Buldiiig - -Zone 001==e and said wing Code, in ilk Residence Distract, "B" Residence District,, _ " • ;'` M and "C" Residence -bietriat-, ,thereby establl$�scl;�. � • �_ � � �' �- -. _ -. ' � •' end - - . - • Y: u (b Cbmrnercial uaaea includiang no mAre tW: the Use o r said property as 'a beauty shop, as the use 'as a �* beaauty shop shall be permitted by the . resulatory provisions of , said '�u_ i.lding Zone Ordinance, and ' said Zoning, Code; as amended, in C(x merciel District thereby established. _ . WMEMS, the.first,partiea�_ for themselves, their heirs, adm, i,st'rators, executoro, and assignso intend hereby to accept said Ordinance Roo 11351 opproved October 29,'1958,'?md to provide for the imposition) mainteiaanca, and enforcement of such• especial restrictions upon the use: of said ,hefting Bove .described real estate to run with, the land end to grant unto 'the second party, in, further compliance with the conditions of "said. Ordinance Ho, 11.351, a negA►tive easement therefor: _ rc 'the first parties $ oe such ownexa cif' said heresinsbove' described Peal estlite, for t} emselves, their heirs; - administrators* exodutors and assigns, do hereby eovenent Omd bind - themselvOai)' their heirs-„ administratprs, executors, and assigns u na o- the second-party that, in accordance with said $uirlding Zone OrdiiAM6 and said Z niug Code, particular],$ As .the seine 1368 beexi amended by said Ordinance •no, 11351, 'mid real. cot ste •has be ea' ekfectively, restricted amid. limited -.in respect or its use and employment and she" henceforth be'restri.cted and limited in such particulars as folloWs,.•to- ari.�tr , k r "That,:subject -to any further reclassification'of the hereinabbve.described real estate by virtue -of proceedings 4' therefor hereafter instituted; conducted_and completed, according to applicable provisions of said Building Zone - Ordinance and said Zoning Code,-and 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 Building Zone.Ordinance and said ` Zoning Code 'as, amended;- in. "A" Residence District, "B" - Residence.:District -and - "C ", Residence District, thereby established, and (b) - Commercial uses which shall include _•no more than the use of said property as a beauty shop,, as the use as a beauty shop shall 'be permitted by_regulatory provisions of said - Building Zone Ordinance and said Zoning'` 'Code; as, amended, .in Commercial District-thereby established; ,and-the said first parties, for,themselves, -their heirs, administrators; executors, and assigns hereby grant, convey and- warrant unto the,second party, said City of Sant'Paul, .as:-such municipal corporation, in •t rust ` for the benefit of- the-public, a perpetual negative easement in and ,to said hereinabove described -real estate and all thereof, for the imposition,- ' - - ,- -- - maintenance; and, I enforcement by the. second, party, 'as such municipal corporation, of the. aforesaid restrictions and limitations upon the use and, employment. of , said hereinabove' described real estate; to run with "the land, and for good . and valuable consideration, -the receipt and sufficiency whereof by,the first .- . parties hereby -are acknowledged. parties reference make reence to said Building Zone, . FURTHER the first _ _ ••, - , Ordinance -No.: 584.0 and said Zoning Code, as amended, and by reference `incorporate the same herein, as part hereof, with the 'same intent,' purpose 'and effec -Cas 'if said Building Zone Ordinance and said Zoning Code, were - ` fully set forth herein.; and make firther reference, to said amendatory Ordinance No. 11351 and to the duly certified copy -of the same hereto - attached and ?hereby incorpo ted herein by-reference as part hereof; and. said first parties, for themselves,`their heirs, administrators, executors,'and. assigns, hereby accept said amendatory Ordinance No. 11351 m�R� and every - provision,-term,. and condition o� the same without reservation or exception., u- ' "..• 3N TESTIMONY Wf I�EOF, said first parties, Anton M. -Voeller' and F • !M ,. •• I., Voeller, set their hands to _this instrument" as of the day t argaret - t r 4 c. •- -. gin. �. �° - � •- • - - . -- - - - - � - •L and year first 'above written. , In the Presence of: -Anton M. Voeller '0 Margaret Voeller _ -3- STATE OF MIHI�IESE�1'A) CO MW OF RAMSEx ' on'` this • t y day, of November � 58 - , before be a Idqta7 Public -within and for said County, pexso4ally appeared -Anton M. Ygeller and Margaret I: _. Yodl]:ery husba'lac and wife;_ to me known to'be__the. persons described iia, Who Y == °a executed, exid whose names are - subsoribed to the V.thin • iil6trt went, and acknowledge�that-they executes, tih same as their free act an- 'deed.' Notary Pu ic, Ramsey County,Minn.. - My coWission expires a .. �'` 1 • . _ - W.M. MELANDER ` Notary Public, Ramsey County, Minn: c ' A 'a •� O t+ '' ' _ My Commission Expires :June 27 „3364 "Approved as to';torai = , end cation this 17 day Of - ` • , �' 1958. ecial Assistant Corporation Cii aeel ° - _ p6BLISH D = _ .. - 7 - • - - l _ _ November 4,.1956 Mr. Anton -M. Voeller_ 566 Atlantic St. at. Paul 6, Minnesota Dear Sirs Y enclose copies.of a Deed of Negative Easement and Acceptance of Ordinance No. 11351. Will you and your Wife please sign 2 of these, have 2 witndsese sign _ Dand a Notary Public take the acknowledgment, and return tbft to this office? You may keep _the.third copy for your information. Very-truly yours, - -City Cl. rk • •s ` :: E R0 Cif ZONING, CITY OF SAINT PAUL i1kx�IH�lAW 31- 933.433 3 1313 CITr HALL AND COURT HOUSE SAINT PAUL 2, iAINNSSOTA .......................... ........................ October 8, 1958 Mr. Joseph Okoneski City Clerk X Building Dear Sir: R This is in the matter of the petition of Anton N. Voller to rezone from 'W' residence to Commercial one 40 foot lot located adjacent to the southeast corner of Atlantic and East Fourth•Streets. The property under consideration is described as Lot 15, _Block 19, Gotzian's Rearrangement of Sigel's Addition. This property has been zoned "A" Residence since the adoption of the Zoning Ordinance in 1922. It has a frontage of forty feet on East Fourth Steeet and extends 124 feet along Atlantic Street, making a total area of 4,960 square feet. There is presently a single f amily,home on this property. As outlined in detail in the applicant's letter dated August 11 1958, this re- zoning is being,requested to permit the establispment of a beauty parlor in this residential structure. The adjacent land uses are as follows: east and adjoining is a single family residence fronting on East Fourth Street; south across an alley is a single family residence fronting on Fremont Avenue; west across Atlantic Street is a single family residence; north across East Fourth Street is a single family residence, and diagonally, across Atlantic Street is a dommercial building which is presently vacant. The seven block area between Arcade and A,t�lantic Streets, on both sides of East Fourth Street, is zoned for Commercial purposes. However, this property is developed primarily with one and two family homes, except for five scattered build- ings which were constructed for commercial purposes. From Atlantic Street east to the city limits on Fourth Street, in which area the property under consideration is located, the zoning is for single family residences. In view of the residential character of the surrounding area, and the small size of the tract of land involved, the Board of Zoning does not feel that the property under consideration should be'zoned for commercial purposes. In coming to this conclusion, the Board of Zoning notes that the,site under consideration does not afford enough space for off - street parking,- nor*_is it related in any way to any other commercial development in the area. This petition is apparently presented for the convenience of the property owner who desires to use the residential structure located thereon for a purpose which is not permitted in the present zone. The Board of Zoning is mindful that a beauty parlor could conceivably be_establisbed_in this residence without Materially affecting abutting property.- _ n Anton Voller - Page 2 The changing of the classification of zoning, however, is a substnatially more serious matter in that all the uses allowed in commercial zones presumably could be established at this point without any further review by the City Council. The Board of Zoning feels that the interests of the surrounding community would be best served if the present zoning classification is maintained so as to pro - bibit the establishment of activities of a commercial cbaracter at this point. The Board also takes note that diagonally across the street is a vacant building which could be utilized under existing zoning regulations for beauty shop operation. In consideration of these factors, the Board of Zoning recommends that this petition be denied. HCW: FGI Encl. Sincerely, �A/ / ",I C rV Herbert C. Wieland Planning Director 9 p -7 PUBLISI�1� 1 olo r I'` f• CITY OF SA'Ii IT PAUL LEONARD C. SEAMER DEPART MI ENN 10 F. FINANCE CLIFFORD M. NYSTROM Valuation Engineer —) f�A ■ r Chief Cashier ELTOR A. DEHN MRS . DONALD "FA beCO.IJRCY Commissioner HARRY A JOHNSON Asst. Valuation Engineer ; Chief Clerk a JAMES P. RIG}HARDSON;;DepU ommissioner 113 Court House, Zone 2 CApital 4 -4612 August 182 1958 To the Council City of St. Paul Gentlemen: 1,have examined the attached petition filed in the matter of rezoning Lot 15, Block 19, A. Gotzian's Rearrangement of Sigel's Addition from Class "A" Residence to Commercial District, and find that said petition is sufficient. Very truly fyours., Mrs. Donald M. DeCourcy Commissioner of Finance CH : cp 1 , r. R'ECEI'VED SAINT PAUL, NrJfgiv, In MAYOR'S OFFiCE- AUG 121958 lip t f- // - d-F / / AIX 5 1959 Ci "Y Y Ye,.Nia?ilvtIjij DirAxj" Saint Paul, Minnesota y J 1 . r � V STATE OF MINNESOTA County of Ramsey 88. CITY OF SAINT PAUL I +----- .... - -- Joseph R. Okoneski, ----------------------------------------------- City Clerk of the City of Saint Paul, Minnesota do hereby certify that I have compared the attached copy of Council File No...._189502,--b-jng------- Ordinance No. 11351, as adopted by the City Council- .._ ---- _ ---------- October 29, --------- 10------------ and approved by the Mayor ........................... October 29, 19_ $---- - - - - -- with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minn.. 8th ....... � December D58. this ................. . day of------ - - - - - ^ - - -- L ------ - -.,� . ------------ v�01, P Is T 2n !? Laid over to 3rd and app, ' a% dopte Yeas Nays Ye Nays DeCourcy \�eCourcy Holland Holland ftKI&AIR ARRXD= Mortinson ortinson —Z Peterson �eterson WinKe,. Rosen inkel Mr. President Dillon . President Dillon 18 9502 a �,t�'T Fq 9 PM 1958 MINK' L;5 �� � -