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185282Original to City'Clerk' R -8,5282 CITY OF ST. PAUL FCOUNCIL NO. OFFICE OF THE CITY CLERK _ COUNCIL RESOLUTION- GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED, that upon appeal of Eugene G. and Lorraine Peterfeso from the decision of the Commissioner of 'arks, Playgrounds and Public Buildings, there is hereby established a 30 foot building line from East Third Street and a 9 foot building line from Birmingham Street on the south 90 feet of the'east 75 feet of Lot 2, Block 2, Eastview Addition. Council /File No. 185282 =By Bernard T. Holland— Resolved, : That u p o n appeal 'of ,'Eugene G. and Lorraine Peterfeso .from Ithe decision of the Commissioner of Parks, Playgrounds and Public Build -1 ings, there is hereby established a 30 J ;foot building line from East Third' Street and a 9 foot building line from i Birmingham Street on the -south 90 ' feet of the east 75 feet of Ut 2, Block 2, Eastview Addition. Adopted by the Council November 26, 1957. Approved November 26, 1957. (November 30, 1957) 1 h COUNCILMEN Adopted by the Council 195_ Yeas Nays DeCourcy Holland Approved ti 195 — In Favor Mortinson Peterson Mayor A gainst Rosen Winkel , Mr. President, Dillon 5M 2.57 2 OFFICE OF CITY CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota Mr. Marshall F. Hurley Corporation Counsel Building Dear Sir: JOSEPH R. OKONESKI City Clerk HAROLD J. RIORDAN Council Recorder November 21, 1957 The City Council requested that you prepare a resolution granting the attached appeal of Eugene G. and Lorraine Peterfeso for establishing a 30 ft. building line from E. 3rd St. and a 9 ft. building line from Birmingham on the south 90 ft. of the east 75 ft. of Lot 2, Block 2, Eastview Add. Very t yours Cit Clerk MINNESOTA S } RD OF ZONING, CITY OF. SAINT PAUL .............. IN.fip}1;151- 151.133 1015 CITY NAIL AND COURT NOW11 SAINT PAUL 1, MINNI /OTA November 20, 1957 t Mr. Joseph Okoneski City Clerk Building Dear Sir: This is in the matter of the appeal of Eugene G. Peterfeso and Lorra ne Peterfeso to establish a new building line on property located adjacent to the corner of E. 3rd and Birmingham. The property under considera- tion is described as the east 75 ft. of Lot 2, Block 2, Eastview Addition. This property has a frontage of 75 ft. on E. 3rd and 128.85 ft. on Birm- ingham. The property is presently vacant and the zoning,is "A" Residence. Applicant proposes to construct a single family home facing E. 3rd. St., This dwelling will be "L" shpped and would be 52 ft. wide on Birmingham and 56 ft. wide on E. 3rd. It would be so constructed that it would set back 30 ft. from E. 3rd St. and 9 ft. from Birmingham St. The present provision in the Zoning Ord. requires a set back of 8 ft. from E. 3rd and 48 ft. from Birmingham. Field investigation discloses that the present single family•deQedlopment to the east and west front on E. 3rd and are set back some 30 ft. from E. 3rd St. Because of the extensive depth of this lot, the Zoning Bd. finds that-the strict application of the 48 ft. set back from Birmingham results in practical difficulties in the development of the property and that if the proposed change in the building line is granted it will not be materially detrimental to the adjacent property in the neighbor- hood and will not substantially deviate from the intent and purpose of the Zoning Ordinance. Inconsideration of these factors the Zoning Board recommends that a 0 ft, building line be established from E..3 -d St.' and a 9 ft. building line from Birmingham on the south 90 ft. of the east 75 ft.. of Lot 2, Block2, Eastview Add.) Si , C s Planning Executive S, Board of Zo: CDL: RJK End. rl�" RICHARD S.FELHABER GusTAvA. LARSON ROBERT J. FEN LON JOHN J.CONNELLY DONN D. CHRISTENSEN A FELHABER, LARSON AND FEN LON ATTORNEYS AT LAW September 9, 1957 E -1407 FIRST NATIONAL BANK BUILDING ST. PAUL 1, MINNESOTA City Council of Saint Paul City Hall Re: Establishment of a building Saint Paul, Minnesota line for E. 75' of Lot 2, Block 2, Eastview Addition Attention: Mr. Joseph R. Okoneski Honorable Mayor and Members of the City Council: As the attorneys for Eugene G. Peterfeso and Lorraine Peterfeso, the owners of the property described below, we respectfully request the establishment of a building line which will be different from the line pro -. vided for in Section 16 of the Building Zone,Ordinance No. 5840. The prop- erty involved is located on the corner of East Third and Birmingham Streets and is ,legally described as follows: East seventy -five feet (E. 75') of Lot two (2), Block two (2), Eastview Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Ramsey County. The building line, as determined by,Section 16, runs parallel to Birmingham Street 46 feet West of that street. Consequently, the East 75 feet of that lot owned by the above parties is so restricted to permit build- ing only on the West 29 feet of their property. Compliance with Section 16 as so applied would create undue hardship to the parties since the remaining 29 feet would not allow ample space for them to construct an adequate home. The owners request a special building line facing Third Street equal to a distance at least 20% of the depth of their tract of land which would be similar to the building lines maintained by other home owners in that area. Section 16 provides that in A residence districts no building shall be erected whose street wall is nearer the street line than a distance equal to 20% of the average depth of the lot as the lot appears on the platted sub - division. The depth of Lot 2, Block 2, in said addition, as it appears on the platted subdivision, is 239.9 feet fronting on Third Street; and the width is 128.5 feet fronting on Birmingham Street. As indicated by the legal description above, the named owners hold title only to the East 75 feet of Lot 2, Block 2, and the depth of their prop- erty accordingly is 128.5 feet fronting on Birmingham Street. The difficult City Council of Saint Paul Page 2, September 9, 1957 with the application of Section 16 is that the depth of the lot is measured by the platted subdivision rather than the tract of land actually owned by the parties. The lots East of Birmingham Street facing East Third are 58 feet in width and 128.5. feet in depth. The homes on these lots are facing East Third Street approximately 30 feet from said street. The lot West of the property owned by the above named parties has a home constructed on it facing East Third Street of also approximately 30 feet from said street. We respectfully request a special building line which will allow the construction of a home on the East 75 feet of Lot 2, Block 2, Eastview Addition, in accordance with the building line maintained for other homes in that area. The requested resolution is attached hereto. JEH:ldf en c. Yours very truly, FELHABE&, LARSON AND FENLON Jos ph E. Hamilton RESOLUTION Re: Establishment of a special building line for E. 75' of Lot 2, Block 2, . Eastview Addition BE IT RESOLVED, that Section 16 of the Building Zone Ordinance No. 5840, as amended, be amended by adding the following: "No building shall be erected on the East 75 feet of Lot 2, Block 2, Eastview Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for the County of Ramsey whose street wall is nearer East Third Street than a distance equal to 20% of the average depth of the lot, which average depth is 128.5 feet, any provisions of this section to the contrary notwith- standing and any other building line heretofestablished for said tract of land is hereby superceded."