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."