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186282Original to City Clerk ORDINANCE 186282 COUNCIL FILE NO.'- PRESENTED BY ORDINANCEAO.- - _... I Council FiTe'No. 186282 - ordinance N _a 0 Uj n An ordinance of the Saint Paul twining to the Z An ordinance amending Chapter 60 of the Saint Paul Legislative Code, pertaining to the Zoning Code, Use 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. r THE COUNCIL OF THE CITY OF SAINT PAUL DOES,ORDAIN: ,ding Chapter 60 fttive Code, per- ; Code, Use Dis- of certain prop - Section 1. That Chapter 60 of the Saint Paul Legis- lative Code, pertaining to the Zoning Code, Use Districts, and Rezoning of certain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the folloiring described property from "B" Residence District to Commercial District: The northerly 49.5 feet'of Lots 21 and 22, together with those portions of Lots 1, 2, 3 and 4, not presently zoned Commercial, all in Block 4, E. M. Mackubints Addition, located on the west side of Forest Street, between Minnehaha and Reaney. Section 2. This ordinance is hereby declared to -be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Is Section 3. This ordinance shall take effect and be force upon its passage, approval and publication. Yeas Councilmen Nays DeCourcy Holland Peterson-- � Rosen -� Winkel Mr. President (Dillon ` Attest City Clerk 12 -57 _ 8 V MA3 121%8 Passed by the Council In Favor r -. d Against Approved: MAI 121968 Mayor j JAR D OF Ti 231-232-253' .......................... ZONING, -CITY OF SAINT PA 1313 CITY HAIL AND COURT HOUSS SAINT PAUL 2, MINN Mr. Joseph Okoneski City Clerk Buidling Dear Sir i PETITION TO REZONE i. A petition having been file est- I ing that Ordinance No. 5840, appr ved' July 7th, 4922, the same being the j ?Zoning Ordinance, be amended so as ; to rezone property described as thei j northerly 49.5 ft. of Lots. 21 and 22, 1 together with those portions of Lot;' 1, 2 ,3 and 4 not presently zoned Com- mercial, Block 4, E. M. Mackubin's Addition (Iocated on -the west side of Forest between Reaney and Minne -1 haha), to Commercial District, the; Council of the City of Saint Paul has fixed the 13th day of February, 1958, ` at ten o'clock in the forenoon in the; Council Chamber in the City Hall of said City, and at said time and place, the Council will hear all persons and all objections and recommendations relative to said proposed_ amendment. Dated January 24, 1958. JOSEPH R. OKONESKI, City Clerk (February 1, 1958) This is In the matter of the petition of the Wulff Funeral Home to rezone from i'Bt1 Residence to Commercial property located on the west side of Forest St. between Minnebaha & Reaney. This is described in applicant's petition as the northerly 49.5' of Lots 21 & 22, together with those portions of Lots 1,2,3,4, not presently zoned Commercial, all in Block 4, E. M. Mackubin's Addition. To remove any doubt as to the extent of the present commercial zoning of appli- cant's property brought about by a conflict between the a'" ..;:layout on the ground and the alley layout as shown on the Zoning Map, the applicant has in- _ eluded in this petition property determined by the City Architect to be presently zoned Commercial. The remaining property to be rezoned from "BIT Residence to Commercial adjoins on the south)`6xisting Commercial zoning along Forest St. and is described as the south 8' of Lots 1 & 2 and the northerly 49.5' of Lots 21 & 22, Block 4, E. M. Mackubin's Addition. This property has a frontage of 57.5 ft. along Forest Stand extends westerly .a distance pf 75.1 ft.-,The owners of nine out of ten of the several descriptions within 100 ft. of the property to be reclassified have signed the petition. v The adjacent land uses are as follows: to the west fronting E. 7th is a theatre, to the south are one and two family homes, a church is across Forest Y St. to the east, and the applicant's mortuary is immediately to the north.. The applicant_,is presently operating a mortuary on Lots 1 & 2 and is providing a private parking lot for visitors on.Lots 3 & 4. The purpose of this rezoning is to provide an off- street parking area for seven staff cars south of the present building and with access from Forest St. and in addition to use an exist- ing building on this site for storage purposes in connection with the mortuary operation. In view of the Commercial'character of the area and the southerly extension of a commercial zone the Zoning Board feels that the use contemplated is appropriate and further tbat.if this petition is-granted it will not be detrimental to the interests of adjoining property owners. The off - street parking arrangement as been ppproved by the Traffic Engineer. Field investigation discloses no obje tion to either the proposed land use or the rezoning for commercial purposes. The Zoning Board therefore, recommends this rezoning be granted. Sincerely, C. D..Q�, C. D. Loeks /4"C_T e , hn/s� Planning Director Executive Secretary CDL: RJK Board of Zoning OFFICE OF CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota February 13, 1958 JOSEPH R. OKONESKI Ci +y Clerk HAROLD J. RIORDAN Council Recorder 86289 K Mr. Marshall F. Hurley Corporation Counsel Building Dear Sir: The City Council requested that you prepare an ordinance providing for the rezoning of the northerly x+9.5 ft. of Lots 21 and 22, together with those portions of Lots 1, 2, 3, 4, not presently zoned Commercial, all in Block 4, E. M. Mackubin's Addition, located on the west side of Forest St. between'Minnehaha and Reaney, to Commercial District, as petitioned for in the attached petition. ire truly o s, 1 A y Clerk MINNESOTA r 8 < _ ', CITY DEP LEONARD C. SEAMER Valuation Engineer MRS. DONAI ELTOR A. DEHN , Asst. Valuation Engineer JOHN W 113 Court House, Zone 2 a CApital 4 -4612 November 8, 1957 "AU L ICE CLIFFORD M. NYSTROM Chief Cashier Commissioner HARRY A. JOHNSON missi0ne1' Chief Clerk To the Council City of St. Paul Gentlemen: Z have examined the attached petition, filed in the matter of rezoning The northerly 49.5 feet of Lots 21 and 22, together with those portions of Lots 1, 2, 3 and 4 not presently zoned Commercial, Block 4, E. M. Mackubints Addition (located on west side of Forest between Reaney and Minnehaha) from "B" Residence district to Commercial district, and find that said petition is sufficient. Respectfully/ submitRte /d�,�%� Mrs. Donald M. DeCourcy Commissioner of Finance CH: se Attach. c.c. to Mr. Schroeder, City Architect 4 �V�GPC V V LAW OFFICES RANDALL, SMITH & BLom0,uK$�r ic.L "� - E -1422 FIRST NATIONAL BANK BUILDIIQ `v I �� CLARENCE B. RANDALL SAINT PAUL I, MINNESOTA DONALD B.SMITH _ CAPITAL 4-9488 MORITZ J. BLOMQUIST WILLIAM B.RANDALL OW '�. AM 10 27 PERRY M.WILSON,JR. 195 NOV JOHN P.VITKO November 6 1957 DANIEL W. dBRIEN SAINT PAWL. s,,:?rNESOTA CITY GLERK The Honorable Mayor and City Council c/o City Clerk .City of Saint Paul City Hall St. Paul 21 Minnesota Gentlemen: The purpose of the attached petition is two -fold and we believe a word of explanation will be of assistance. Primarily, the Wulff Funeral Home desires to rezone from B Residence to Commercial the northerly -49.5 feet of Lots 21 and 22, Block 4, E. M. Mackubin's Addition to St. Paul; for the purposes of conducting the busi- ness of a mortuary together with accessory uses thereon, in accordance with Section 23, Article'V, of the Building-Zone Ordinance. At the pres- ent time the Wulff Funeral Home has signed an Earnest Money Contract for the purchase of this land. As a secondary purpose, the Wulff Funeral Home and its stockholders also desire to correct an'error in the application of the ordinance in that the street-layout actually on the ground varies from the street layout as shown''on the zoning map. The zoning map shows Block 4 as having an alley where, as a matter of fact, no alley exists. No alley was dedicated in the original plat and no sub- sequent condemnation proceedings have ever been brought or apparently have ever been contemplated. Under,Section 25, Article V, this creates a ques- tionable situation where Lots 1; 2, 3 and 4+ may be zoned Commercial only 100 feet back from the street line. There can be no doubt but that it was and continues to be the general intent and purpose of the ordinance that these lots should have been originally, and should presently be, zoned as Commercial in their entirety. Although apparently this latter situation can be corrected under Section 20, Article V, of the ordinance, in order to save the time of the Council and the Zoning Board, it is included herewith in one package. + `, ✓�, _ Z.F. � "AppyTLA DWOIB:blj Enc. Yours very truly, RANDALL, SMITH & BLOMQUIfiT By City of Saint Paul, Minnesota ^ PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE a. The signer should appraise himself of the uses permitted under the new classification before signing this petition. yf�p 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: November 6, 1957 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 estrAe affected, hereby acquiesce; and we, the owners of 5wo or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Northerly 49.5 feet of Lots 211& 22 together with those portions of Lots 1;2,3, & 4 not presently zon- ed commercial; Block 4, E. M. Mackubin's Addition to St. Paul. (See attached map.) from a B Residential District to a Commercial District, for the purpose of installing, constructing and /or operating the following: (de,cribe; briefly the proposed facility) A mortuary and accessory uses. 1 .f RErORD OWNER SIGNATURE LOT BLOCK ADDITION Empire National Bank of j 1 4 E. M. Mackubin's St. Paul, Minnesota a4,J,'.O.1F -% 2 " Addition to St. Paul Laiara M- Hulff �Tulff Funeral Home Inc. 3 It 11 77 4 n „ state oI minnesota, County of Ramsey )ss D. W. O'Brien being first duly sworn, deposes and states that he i e ersonswho circulated the within petition consisting of 5 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 i .this ' 6th d of Nov.., 1957. , My Comm ssion'expire Page 1 of 5 pages. M. J. BIAMQUIST, Approved as to form 7/2T54 N otary Public, Ramseyounty, ..li ^�• Office of the Corporation Counsel Ny Commission expires ay 10, { r FAP 0� 2� r, :•ski, 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: November 6, 1957 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 5W6 or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Northerly 49.5 feet of Lots 21 & 22 together with those portions of Lots 1,2,3, & 4 not presently zon- ed commercial; Block 4, E. M. Mackubin's Addition to St. Paul. (See attached-map.) from a B Residential District to a Commercial District, for the purpose of installing, constructing and /or operating the following: (dciscribe briefly the proposed facility) A mortuary and accessory uses. RECORD OWNER SIGNATURE LOT BLOCK ADDITION L..& S Holding Co. vc� , _ /�,t� 19 4 E. M. Mackubin' s 4 Addition to St. Paul Joseph -C:. Bernstein Z 7 �+ L Laia D. Bernstein IL Friedens Reformed r 10 21 Terry's Addition Church of St. Paul 11 21 to the City of St. Paul 12 21 bzaze ox minnesozai ss County of Ramsey ) F D. W. p'Brien being first duly sworn, deposes and states that he is a erson6who circulated the within petition consisting of 5, 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. jSubsc ibed and sworn to before me this Sth da A- my f No 1957• leg ansy oun y, nn. o ry Commi sion expires Page -2 of pages. Approved as to form 7/2154 M. J. BLOMQUIST, ` Office of the Corporation Counsel Notary Public, Ramsey County, My commission expires May 1U, Z -1 7/2/54 e 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. t (Please type or print) Date: November 6, 1957 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 507o or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address). Northerly 49.5 feet of Lots 21 & 22 together with those portions of hots 1,2,3; & 4 not presently zon- ed commercial; Block 4+ E. M. Mackubin's Addition to St. Paul. (See attached map.) from a B Residential District to a Commercial District, for the purpose of installing, constructing and /or operating the following: (descxi:;e briefly the proposed facility) A mortuary and accessory uses. i RFr•vnnn nwMr.0 STrNATTMR TDT RTIOCK ADDITION 174 1 _14 � Hattze''E-. Poppenberger 6 4 E. M. MackubinIs 8 " Addition`to St. Paul If if , 10 T. 11 , 16 �7 state or minnesota' ss County of Ramsey ) James H. Hultgren being first duly sworn, deposes and states that he iS 7 ThWJ-personswbo circulated the within petition consisting of 5 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 thi 6th day of Nov., 1957• . r 'may Commission expires D. W. O'BRIEN Notary; Public,, Rainmey County, Minn. My - eommies;on expires Oct. 23, 1964. Z -1 7/2/54 Page 3 of 5 pages. Approved as to form 7/2/54 Office of the Corporation Counsel t ; i yyS �S: f s. m kq l8v 11 C) Po 0 Qv 927 929 7 931 947 9-19 ION 557 41A 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. • r_ (Please type or print) Date: November 6, 1957 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 o 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) Northerly 49.5 feet of Lots 2i & 22 together with those portions of -Lots 1,2,3, & 4 not presently zon- ed commercial; Block 4, E. M. Mackubin.'s Addition to St. Paul. (See attached map.) from a B Residential District to a Commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) A mortuary and accessory uses. l I im RECORD OWNER SIGNATURE LOT BLOCK ADDITION Henry J. Manetsch E. M. Mackubin's Susann M. Manetsch Addition to ,St . Paul f - .Julia Fazendin s 19 4 it Lorraine . Fazendin 75;­0 Lucile A. Fazendin George F. Entenmann ?, 13 21 Terry's Addition t( Minnie E.'Entenmann .t ` the City of St. Paul sza7ce oa minnesozai County of 'Ramsey ) ss James H. Hultgren, being first duly sworn, deposes and states that he i person swbo circulated the within petition consisting of '5 pages; tha 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. `Subscrileh and sworn to before me tfii°s of Nov . , 1957 ..� -rte•. . V"AO'Gary PUDLIC, Aansey County, Minn. •`ti aiy Commission expires Page 4 of 5 pages. D. W. 0'B1kI3 =N No• r•• 1 ,nbl q Rgm.ey ;County, Mina.) r 4•Y 49mralsd a enitd Oct. 23,19". Z -1 7/2/54 a r • �. 1 � s K - y„ Approved as to form 7/2/54 Office of the Corporation Counsel r c ,r 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: November 6, 1957 i 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 et;.6e 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) Northerly 49.5 feet of Lots 21 & 22 together with those portions of Lots 1,2,3, & 4 not presently zoned commercial; Block 4, E. M. Mackubin's Addition to St. Paul. (See attached Map.) from a B Residential District to a Commercial District, for the purpose of installing, constructing and /or operating the following: (desc.0ho briefly the proposed facility) A mortuary and accessory uses. RECORD OWNER SIGNATIIRE LOT BLOCK ADDITION David A. Johnson, (x, VV0.ar►.i 21 4 E. M. Mackubin's Ellen J. (Q.n 22 4 Addition to St. Paul ,Johnson Richard D. Johnson John F. Clancy !n Blanche K. Clancy Marie Novotny ." � .� 20 4 " bzaie o= mznnesoza) County of Ramsey )ss James H. Hultgren being first duly sworn, deposes and states that he ih 1personswho circulated the within petition consisting of 5 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 this 6th day a Nov., 1957. Minn. 'Aly t Commissien expires Page 5 of 5 pages. V. W.O,BRiF.rT Approved as to form 7/2/54 r ? Notary Public; Ram ;ey County, Iasi Office of the Corporation Counsel Z -1 7/2/S4 Y .. .ter {•�� {s r t. k _ k � � t11 K n r` a n t �x r ro 4. 4. . C O� d t. k _ k � � t11 K n r` a n t �x LI is `2/d•�/ Laid over to s-r / 3rd and app- ila/ Adopted Yeas Nays Yeas Nays DeCourcy DeCourcy Holland Holland WWANUM Mortinson zmamum Mortinson 1/J - puteravn-' Peterson Aeons e1 W nkel -1Vl Mr. President Dillon s