10-135Council File # l�� ��S
Green Sheet # Q �'j '�► � (C,
RESOLUTION
CITY QF SAl1�T PAUL, MINNESOTA �f
Presented by
1 WHEREAS, Raymond V. Matter, in PED Zoning File No. 09-328-553, applied pursuant to Leg. Code §
2 62.109 to the Planning Commission (the "Commission") for a zoning permit to establish a Legal
3 Nonconforming Use on residentially zoned properiy commonly known as 770 Brookline St. [PIN No.
4 142822120025] and legally described as BiJRI,INGTON HEIGHTS, DIVISION NO. 1, RAMSEY
� COUNTY, MINNESOTA VAC STS & ALLEYS ACCRUING & FOL; LOTS 17 THRU 22 BLK 4 ALSO
6 FOR.MER LOTS 16 THRU 19 & 22 THRU 27 BLK 5 OF BURL. HTS DIV NO 1 AS VAC. NOW
7 BEING PART OF NW 1/4 OF NE 1/4 OF SEC 14 T 28 R 22 ..., as set forth in the said Zoning File, in
8 order to continue operating a nonconforming excavating business on the premises; and
9
10 WHEREAS, on December 10, 2009, the Commission's Zoning Committee duly conducted a public
11 hearing pursuant to Leg. Code § 61.303 at which all persons present were given an opportunity to be heard
12 and, at the close of the hearing, the Zoning Committee, based upon the said application, the report of staff,
13 and the testimony produced at the hearing, recommended that the Commission, due to the unique
14 circumstances presented by the facts of this particular application, approve the said application subject to
15 certain specified conditions; and
16
17 WHEREAS, on December 18, 2009, the Commission, took up the matter of the application and, based
18 upon all the files and evidence presented to the Zoning Committee at its public hearing, as substantially
19 reflected in the record, moved to approve the application, based upon the following findings of fact as set
20 forth in Planning Commission Resolution No. 09-75:
21
22 1. The applicant has been operating an excavating business since 1973 and has been using
23 his property as the base for this operation. Business vehicles and equipment are stored on
24 site. In the winter, the applicant uses his business equipment to maintain the access road to
25 his property and adjoining property as well.
26
27 2. Section 62109(a) of the zoning code provides that the Planning Commission may grant
28 legal nonconforming use status to use of structures if the commission makes eight
29 findings. The findings and the applicant's ability to meet them are as foltows:
30
31 (1) The use occurs entirely within an existing structure. This condition does not apply.
32 The excavation business is an outdoor use that cannot take place within an existing
33 structure.
34
35 (2) The use or use of similar intensity permitted in the sasne clause of the zoning code or
36 in a more restrictive zoning district has been existence continuously for a period of
37 at least ten years priar to the date of the application. This condition is met.
38 According to the applicant the business has been based at this location since 1973.
39
40 (3) The off-street parking is adequate to serve the use. This condition is met. Adequate
41 parking is available to serve the use. The parcel is more than three (3) acres and the
42 business employs only two people.
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(4) Hardship would result if the use were discontinued. This condition is met. The
business constitutes the livelihood of the applicant and hardship would certainly
result if the use were discontinued. The applicant would incur significant expense if
he were required to store the equipment at an alternative location.
(5) Rezoning the property would result in "spot" zoning or a zoning inappropriate to
surrounding land uses. This condition is met. Rezoning the property to an industrial
classification would be inconsistent with surrounding residential land uses.
(6) The use will not be detrimental to the existing character of development in the
immediate neighborhood or endanger the public health, safety, or general welfare.
This condition is met. This property is in an established neighborhood, making
additional development unlikely and in some cases impossible due to the proximity
of the bluffline. The business has been in existence since 1973, its continuation will
not be detrimental to the existing character of development in the immediate area. In
addition the applicant regularly maintains Brookline Street and access to adjacent
property in the wintertime.
(7) The use is consistent with the comprehensive plan. This condition is met. The use is
not inconsistent with any specific plan policies.
(8) A notarized petition of rivo-thirds of the property owners within one hundred (100)
feet the property has been submitted stating their support for the use. This condition
is met. The petition was found sufficient on November 24, 2009: 17 parcels
eligible; 12 parcels required; 16 parcels signed.
AND, Fi.JRHTER, WHEREAS, the Commission, in approving the said application upon the £acts recited
above, and having taken into consideration the unique facts of this application, including the potential for
hardship on the Applicant if the application were denied, determined to impose, pursuant to Leg. Code §
61.107, the following conditions on the application, as also set forth in Planning Commission Resolution
No. 09-75:
1. The nonconforming use permit shall remain valid so long as the applicant, Ray
Matter, resides on the premises. The nonconforming use permit shall not be
transferable to any of the applicanYs successors or assigns, or any other persons.
2. No additional excavation shall take place on the property.
3. Storage of business vehicles and equipment shall be limited to the number currently
owned at the time of this application and limited to the location and saze of the area
currently used. A vehicle inventory and map of the locarion and size of the area
cunently used by the business shall be developed by staff from the Department of
Safety and Inspections and shall be attached to this permit.
l 0 ' 1 3�
87 4. Stozage of materials, which is limited to sand, gravel, dirt, and boulders, shall be
88 limited to the location and size of the area cunently used as indicated on the map to
89 be drawn by DSI staff and attached to this permit.
90
91 WHEREAS, on December 28, 2009, Raymond V. Matter, in PED Zoning File No. 09-520-146, and
92 pursuant to Leg. Code § 61.702(a), duly filed an appeal from the determination made by the Commission
93 and requested a hearing before the City Council for the purpose of considering the Commission's acrions;
94 and
95
96 WHEREAS, on January 20, 2010, pursuant to Leg. Code § 61.702(b) and upon notice to affected parties,
97 the City Council duly conducted a public hearing where all interested parties were given an opportunity to
98 be heard; and
99
100 WHEREAS, the City Council, having heard the statements made, and having considered the application,
101 the report of staff, the record, minutes and recommendation of the Zoning Committee and the
102 Commission's resolution; does hereby
103
104 RESOLVE, that the Council of the City of Saint Paul finds that the Appellant, Raymond V. Matter has
105 failed to present evidence demonstrating any error in the Planning Commission's facts, findings, or
106 decisions in this matter and, accordingly, the Council hereby denies Mr. Matter's appeal and, further,
107 adopts as its own the facts and findings of the Commission as set forth in Planning Commission Resolution
108 No. 09-75 in support of this decision; and be it
109
110 FURTHER RESOLVED, notwithstanding the denial of Mr. Matter's appeal, the CounciPs adoption of the
111 Commission's decision and findings in this matter, the CounciPs recognition of a hardship to Mr. Matter if
112 the nonconforming use of his property were immediately terminated, the Council's recognition of some
113 level of support from some of Mr. Mather neighbors as well as the District 1 Council for Mr. Matter to
114 continue in business while he resides at the subject property, the Council nevertheless finds that the
ll5 Planning Commission's decision, based upon the record, requires additional modification as permitted
116 under Leg. Code § 61.704; and be it
117
118 FURTHER RESOLVED, that although not raised by the Appellant's appeal, the Council finds that the
ll9 Commission's determination that Leg. Code § 62.109(a)(1) would not apply to this application because the
120 use under consideration would not take place entirely within an existing structure, must be addressed in
121 order to prevent possible future misapplications of this provision of the zoning code. Leg. Code §
122 62.109(a)(1)'s requirement that a nonconforming use take place entirely within an existing structure cannot
123 be simply dismissed as was the case here. Future applications must determine whether this condition is
124 met. Likewise, nonconforming use applications must make a finding of consistency with the
125 Comprehensive Plan as required under Leg. Code § 62.109(a)(7). The Council also notes that even though
126 Mr. Matter's land lies within the River Corridar Overlay district, no finding �vas made whether the
127 application is consistent with the Mississippi River Corridor Plan. The Commission simply concluded that
128 the non-conforming use, with no accompanying factual analysis or support, was not inconsistent with the
129 Comprehensive Plan. Future applications must provide some level of analysis to justify a finding,
130 especially when the finding may serve as a basis for attaching conditions to a nonconforming use permit
131 which will serve the public welfare; and be it '
132
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133 FURTHER RESOLVED, in keeping with the Council's determination to uphold the Commission's
134 decision and the CounciPs authority to modify Commission decisions after scrutinizing the record before
135 it, the Council fmds that certain Conditions imposed by the Commission in this matter are in need of
136 modification to ensure that the public welfare is served. Accordingly, the Council finds that while
137 conditions 1 and 2 are not in need of modification, conditions 3 and 4, as set forth in Planning Commission
138 Resolution No. 09-75, do require modification. In addition, the Council finds that a new condition, to be
139 numbered "5," must also be added to the said Commission Resolution; therefore, be it
140
141 FURTHER RESOLVED, that Condition 3, relating to the storage of vehicles and equipment used for the
142 nonconforming excavation business shall be amended as follows so that the lot area devoted to this use is
143 specifically delineated through a site plan prepared by the applicant and verified by DSI and that the this
144 use is properly set back from the bluffline:
145
146 Starage of business vehicles and equipment shall be limited to the number currently owned
147 at the time of this application and limited to the size of the storage area currently used. A
148 vehicle inventory and site plan of the location and size of the area to be used for business
149 vehicles and equipment storage bys the business shall be developed by the applicant and
150 approved by staff from the Department of Safety and Inspections ("DSP') and shall be
151 attached to this permit. Storage shall be located at least forty (40) feet landward from the
152 bluffline.
153
154 AND BE IT FURTHER RESOLVED, that Condition 4 relating to the storage of materials used for the
155 nonconforming excavation business shall be amended as follows so that the lot area devoted to this use is
156 specifically delineated through a site plan prepared by the applicant and verified by DSI and that this use is
157 sufficiently set back from the bluffline in keeping with the requirements of that section of the zoning code:
158
159 Storage of materials, which shall be limited to sand, gra�el, dirt and boulders, shall be
160 limited in size to no more than the area currently used for such purposes as indicated on a
161 site plan to be prepared by the applicant and approved by DSI staff and attached to this
162 permit In order to conform to the bluffline setback requirements of the code, storage of
163 these materials may be located on the applicanY s property as far back from the bluffline as
164 practically possible as determined by DSI staff.
165
166 AND BE IT FURTHER RESOLVED, that a new Condition, to be numbered "5," shall also be imposed for
167 the purpose of insuring that the public welfare protections required for this nonconforming use, as
168 represented by the conditions imposed when approving the said permit, shall be completed in a timely
169 fashion. New Condition No. 5 shall thereFore read as follows:
170
171 Business vehicles, equipment, and materials to be moved and stoxed subject to this permit
172 approval shall be moved no later than May 1, 2010 and be subject to City inspection from
173 time to time thereafter in order to insure compliance with this permit.
174
175 AND BE IT FURTHER RESOLVED, That the Establishment of a Legal Nonconforming Status, as
176 approved in Commission Resolution No. 09-75, shall be modified to read as provided above; and, be it
177
178 [Lines 17� and 178 intentionally left blank.]
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179 FINALLY RESOLVED, That the City Clerk shall immediately mail a copy of this resolution to the
180 appellant Mr. Raymond V. Matter, to the Plaiuiing Commission, and to the Zoning Administratar.
Yeas Nays Absent Request 'b r ��ient of: ��{�
Bostrom ; .,i
J'
Carter j/ r'
Harris � gy
✓
✓
✓
Adopted by Council: Date ���j/d
Adoption Certified by Counci ecretary
$Y� i � S4ri
Approved y ay : D ���
By:
Approved by the Office of Financial Services
B
Approved by ty Attorney
BY '"' �.vr.s.. 2 — [' — 1 e
Approv by a oi f � b' i to uncIl
By: 't
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
; DepartrnenU�ce/Council; ; Date Initiated: i
l0'1 ��
� ca_���Att���eY �; �FEBZO,o ��� Green Sheet NO: 3097716
�, Contad Person & Phone:
'' Peter Wamer
266-8710
� Must Be on Counci Agenda by (Date): '
' 10-FEB-10 � �.�„��> ''
��, Doa Type: RESOLUTION ;
E-Document Required: Y
Document Contact: �ulie Kraus
Contact Phone: 2668776
� 0
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Assign 2
Number 3
For
Routing 4
Order 5
-a_t•
Total # of Signature Pages _(Clip All Locations for Signature)
Memorializing City Council's January 20, 2010 morion to affirm the decision of the Planning Cornmission in this matter and deny
the appeal of Raymond V. Matter to establish a legal nonconfornring use for an excavating business on the properiy located at 770
Brookline Street in Saint Paul. -
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Recommentlations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Gommission
Personal Service Contrects Must Answer the Following Questions:
t. Has this persoNf¢m ever worked untler a contract for this depaRment?
Yes No
2. Has this person/firtn ever been a cily employee?
Yes No
3. Does this personffirm possess a skill not nortnally possessed by any
current city employee?
Yes No
�plain all yes answers on separafe sheef and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
The Council is required pursuant to the Ciry Charter to have its actions reduced to writing either in the fonn of a resolution or an
ordinance dependent on [he nature of the matter before it. The decision of the Commcil in [his matter required a written resolution in
order to comply with the Charter.
Advantages If Approved:
Resolution will fnlfill the Council's duty under the Chart�.
Disadvantages If Approved:
Disadvantages If Not Approved:
Totai Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
February 2, 2010 1:2'I PM Page 1
DEPARTMENT OF PLANNING &
ECONOMIC DEVELOPMENT
Cecrle Bedor, �rrectar
CTTY OF SAIIV'I' PAUL
Chrtstopher B. Co(eman, Mayor
December 30, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 West Fourth Street
Saimt Paul, MN 55102
�U-135
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Te[ephone 657-266-6700
Facsamrle.� 651-228-3120
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
January 20, 2010, for the following zoning case.
Zoning Fife Number:
File Name:
Address:
Purpose:
09-520-146
Ray Matter Appeal
770 Brookline St,
Appeal of Planning Commission conditions of approval for
establishment of legal nonconforming use for an excavating
business
Previous Action:
Zoning Committee Recommendation: Recommended approval with co�ditions, 7- 0- 0
Planning Commission Recommendation: Approved with conditions
I have confirmed this day with Councilmember Lantry's office. My understanding is that this
public hearing request will appear on the Council agenda on or before the January 13, 2010,
City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal
Ledger. Please call me at 651-266-6570 if you have any questions.
Sincerely,
� �p�
Sarah Zor�� n
City Planner
cc: File #: 09-520-146
ApplicanUAppellant:
Paui Dubruiel
Wendy Lane
Samantha Langer
Allan Torstenson
Raymond V. Matter
NOTICE OF PUBLIC �'AR�G
The Saini Paul City Council will con-
duct a public hearing on Wednesday, Jan-
uary 20, 2010 in the C,Yty Council Cham-
bers, Third Floor, City Hall-Court House,
15 WesC Kellogg Boulevazd, to consider the
appeal of Ray Matter to conditions of the
Planning Comxnission for establishment of
a le al non-confarming use for an excavat-
ing�usiness at 770 Brookline Street [ZF
09-520-146]
Mazy Erickson -
Assistant City Council Secretary
(January 7J
_ ____= ST. PAiSL IEGAL LEDGER =__--__-_
2zzzssas
AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER
10-135
DEPARTMENT OF PLANNMG & �
ECONOMIC DEVELOPMENT e..e, m
Cecde Bedor, Direc(or
CITY OF SAIN'I' PAUL
Christopher B. Coleman, Mayor
�
i
December 30, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paui, Minnesota 55102
25 West Fourth Snee[ Tefephone 651-266-6700
SamtPau[, MN55/02 Facsimile: 651-228-3220
Re: Zoning Fife #: 09-520-146
Fiie Name: Ray Matter Appeai
Appellant: Raymond V. Matter
Address: 770 Brookline St,
Purpose: Appeal of Planning Commission conditions of approval for establishment
of legal nonconforming use for an excavating business (Zoning File #09-
328-553)
Citv Council Hearinq: Januarv 20. 2010, 5:30 p.m. Citv Council Chambers
Staff Recommendation:
Recommendation:
Planning Commission Decision:
District Council:
Zoning Committee
Support:
Opposition:
Deadline for Action:
Staff Assigned:
approval with co�dition(s)
recommended approval with conditions
approval with condition(s) vote: 7-0 - 0
1 people spoke, 0 letters were received
3 people spoke, 2 letters were received
approved with condition(s), vote: unanimous
March 19, 2010
Sarah Zorn, 651-266-6570
Attachments: Appeal and supporting materials
Planning Commission resolution
Planning Commission minutes
Zoning Committee minutes
Deadline for Action extension letter
Correspondence received
Staff Report packet
cc: Zoning File #: 09-520-146
Wendy Lane
ApplicanUAppellant: Raymond V. Matter
Donna Drummond
Allan Torstenson
City Council Members
District Council: 1
Peter Warner
AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER
10-135
APPLICATION FOR APPEAL
Departmenf of Safety and Inspections
375 Jackson Street, Suite 220
Sainf Paul, MN 55101
651-266-9008
APPLICANT
PROPERTY
LOCATION
Name Ravmond V. Matter
Address 770 Brookline Street
Ciiy St. Paul St.MN Zip 55119 Daytime phone ��..�-/>)�/- v�
Name of owner (if different)
Address 770 Brookline Street
Legal description: See Attached Exhibit A
additional sheet if
TYPE OF APPEAL: Application is hereby made for an appeal to the:
❑ Board of Zoning Appeals � City Council
under the provisions of Chapter 61, Section�(� Paragraph of the Zoning Code, to appeal a decision
made by the Ciiy of St. Paul Planninq Commission
on December 18 , 2009. File number:09328-553
GROUNDS FOR APPEAL: Facplain why you feel there has been an error in any requirement, permit,
decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the
Board of Zoning Appeals or the Planning Commission.
See Attached Exhibit B.
L
C� �
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additional sheet if
Applicant's signature ., �/f 1' �.L� Date fL a� � Ciry agent ��
J:�ZOneWandouts�APPEAL.doc ( � — Z � �`�(
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10-135
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EXHIBIT A
Lots 17, 18, 19, 20, 21 and 22, Block 4, Burlington Heights Division No.
the Northwest Quarter of the Northeast Quarter of Section 14, Township
wittun the boundaries of Lots 16, l7, 18, 19, 22, 23, 24, 25 26 and 27,
Heights I}ivision No. l, which Lots have been vacated.
1; and all that part of
28, Range 22, lying
Block 5, Burlington
u
10-135
EXHIBIT B
Condition One of the Resolution states that the Nonconforming Use Permit shall remain valid so
long as Applicant Raymond Matter resides on the premises. Condition One fiirther states that the
Nonconforming Use Permit shal] not be transferable to any of the Applicants successors or
assigns or any other persons. Said Condition is in violation of eJCisting law which allows
nonconforming use to continue until such time as it is removed or otherwise discontinued. See
Hooper v. Citv of St. Paul, 353 N.W2d 138.
.
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10-135
city of saint paul
� planning commission resolution
file number o9-�5
date December 18 2009
WHEREAS, Raymond Matter, File # 09-328-553, has applied for an Establishment of legal
nonconforming use status for excavating business under the provisions of §62.109 ofi the Saint Paul
Legislative Code, on property located at 770 Brookline St, Parcei Identification Number (PIN)
142822120025, legalfy described as BURLINGTON HEIGHTS, DIVISION NO. 1, RAMSEY COUNTY,
MINNESOTA VAC STS & ALLEYS ACCRUING & FOL; LOTS 17 THRU 22 BLK 4 ALSO FORMER
LOTS 16 THRU 19 & 22 THRU 27 BLK 5 O� BURL. HTS DIV NO 1 AS VAC. NOW BEING PART OF
NW 1/4 OF NE 1/4 OF SEC 14 T 28 R 22 ALSO IN; and
WHEREAS, the Zoning Committee of the Pianning Commission, on December 10, 2009, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said application in
accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantialiy reflected in the minutes, made the following findings of
fact:
1. The appiicant has been operating an excavating business since 1973 and has been using his
property as the base for this operation. Business vehicles and equipment are stored on site. In the
winter, the applicant uses his business equipment to maintain the access road to his property and
adjoining property as weli.
�2. Section 62.109(a) of the zoning code provides that the Pianning Commission may grant legal
nonconforming use status to use of structures if the commission makes eight findings. The findings
and the applicanYs abifity to meet them are as follows:
(1)The use occurs entirely within an existing structure. This condition does not apply. The excavation
business is an outdoor use that cannot take pface within an existing structure.
(2)The use or use of similar intensity permitted in the same c/ause of the zoning code or in a more
restrictive zoning district has been existence continuousiy for a period of at least ten years prior to
the date of the application. This condition is met. According to the appiicant the business has been
based at this iocation since 1973.
(3) The off-street parking is adequate to serve the use. This condition is met. Adequate parking is
available to serve the use. The parcel is more than three (3) acres and the business employs only
two people.
(4J Hardship would result if the use were discontinued. This condition is met. The business
constitutes the livelihood of the applicant and hardship would certainly result if the use were
discontinued. The applicant woufd incur significant expense if he were required to store the
equipment at an aiternative location.
moved by Morton
seconded by
• in favor [Jnanimous
against
10-135
Zoning File #09-328-553
Page 2 of 2
(5)Rezoning the property would result in °spoY' zoning or a zoning inappropriate to surrounding land �
uses. This condition is met. Rezoning the property to an industrial classification would be
inconsistent with surrounding residentiai land uses.
(6) The use will not be detrimenta! to the existing character of development irz the immediate
neighborhood or endanger the public health, safeiy, or general welfare. This condition is met. This
properiy is in an established neighborhood, making additional development unlikely and in some
cases impossible due to the proximity of the blufFline. The business has been in existence since
1973, its continuation will not be detrimental to the existing character of development in the
immediate area. In addition the applicant regularly maintains Brookline Street and access to
adjacent property in the wintertime.
(7)The use is consistenf with the comprehensive plan. This condition is met. The use is not
inconsistent with any specific pian policies.
(8)A notarized petition of two-thirds of the property owners within one hundred (100) feet the property
has been submitted stating their support for the use. This condition is met. The petition was found
sufficient on November 24, 2009: 17 parcels eligible; 12 parcels required; 16 parceis signed.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authority of
the City's Legislative Code, that the application of Raymond Matter for an Establishment of legal
nonconforming use status for excavating business with limited storage of equipment, vehicles and
materials at 770 Brookline St is hereby approved subject to the following conditions:
1. The nonconforming use permit shall remain valid so Iong as the applicant, Ray Matter, resides on
the premises. The nonconforming use permit shall not be transferable to any of the applicant's
successors or assigns, or any other persons.
2. No additional excavation shall take place on the property. •
3. Storage of business vehicles and equipment shall be limited to the number currently owned at the
time of this application and limited to the location and size of the area currently used. A vehicle
inventory and map of the location and size of the area currently used by the business shall be
developed by staff from the Department of Safety and Inspections and shall be attached to this
permit.
4. Storage of materials, which is limited to sand, gravel, dirt, and boulders, shall be Iimited to the
location and size of the area currentiy used as indicated on the map to be drawn by DSI staff and
attached to this permit.
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10=135
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Saint Panl Planning Commission
Qity Hall Conference Center
15 Kellogg Boulevard West
Minntes December 18, 2009
A meeting of the Planning Commission of the City of Saint Paul was held Friday, December 18, 2009, at
8:30 a.m. in the Conference Center of City Hall. �
Commissioners Mmes. Faricy, Lu, Morton, Porter, Smitten, Thao, Wencl; and
Present: Messrs. Alton, Commers, Goodlow, Gordon, 7ohnson, Kramer, Margulies,
Nelson, Schertler, Sgaulding, Ward, and Wickiser.
Commissioners Ms. *Donnelly-Cohen
Abseat: .
*Excused
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Also Present: Donna Drummond, Planning Director; Tom Beach, Department of Safeiy and
Inspecdons; Allen Lovejoy, Public Works; Patricia James, Merritt Clapp-Smith,
Jessica Rosenfeld; Kate Reilly, Sazah Zorn, Tia Anderson, and Sonj a Butler,
Department of Planning and Economic Development staff.
I. , Approval of minutes December 4, 2009. .
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M07YON: Commusioner Commers moved approval ofthe minutes ofDecember 4, 2009.
Commissioner Ward seconded the motion. The motian carried unanimously on a vaice vote.
Chair's Announcements
Chair Alton announced that he and Commissioner Faricy had resigned from the Zoning
Committee, and ha had appointed Commissioners Commers and Goodlow as their replacements.
He also announced that he will be appointing a nominating committee, and will appoint himself
and two others commissioners to serve. The comm'ittee will nominate Planniug Commission
officers for 2010.
Planning Director's_Annonncements
Dortna Drummond reported that the City �ouncil held a public heazing'on the Design Standards
Zoning Amendments on December 16`�. No one testified in opposition so the amendments are
on the way to final adoption neXt week.
The Council has also 7ecenfly approved two resolufions requesting studies by the Planning
Commission. One is requesting study of addirional sign regulations that came out of the work
completed on the recendy adopted Dynamic Display Sign Ordinance. This was initiated by
Councilmember Thune. The second resolution is Fequesting that the Planning Commission
undertake a study of zoning regulations for currency exchanges, and imposing a moratorium on
granting any permits or approvals for future currency exchanges until the study is completed.
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IV. PUBLIC ?�' ARTNG: Downtown Station Area Plan — Item from the Comprehensive Planning
Committee. (Lucy Thompson, 651/266-6578, and Jessica Rosenfeld, 65I/266-6560) -
Chair Alton announcecl that the Saint Paul Planning Commission is hold'mg a public hearing on
the Downto�vn Station Area Plan. Notice of the public hearing was published in the Legal I,edger
on November 19, 2009, and was mailed to the citywide Eariy Notification System list and other .
interested garties. �
Cfiair Alton read fhe rules of procedure £or the pubtic hearing.
The following people spoke.
1. Ms. Ellen McPartlan, Cl�air of the I.bwertown Master Plan Task Force, said that she
gives her support for the downtown station area plan because it refleds fhe community's
concems and feedback through the additions to Section 4.1 on preparing the I.owertown
Master Plan. She talked about how that section of the plan effeetively addresses mauy.of .
Lowertown residents' specific concems.
2. Mr. Paul Mohrbacher, with the Science Museum of Minnesota, said that 10 years ago the
Science Museum gave up their location 3t the site of a downtown starion, so they could
move to the river: I.ess than 5%of their visitors come by transit and JS% come by
automobile. He said that they aze clearly an automobile destination, but he hopes that the
developmeat ofLRT' ivill c�ange YhaL The dowutown statioas are destinafion stations . �
and the 4'� and Gedaz station will help people find there way to the Science ],Vluseum. Mr.
Mohrbacher gave a hazdy endorsement for the Downtown Station Area Plan.
IVIr. Karri PIowman, Saint Paul Area Chamber of Commerce and a downtown resident,
said that while they were a little dissalisfied with the shakeholder participarion in -
comparison to the station area planning process for the University Avenue stations, they
do support mucb of th8 plan. Mr. Plowman beYieves that the summary of fhe Dismond
Products Task Force Report (p. 9) should be removed from the report. It is not consistent
with comrrients thaYare made later in the report. Second, oa the prohibition o� single-use
pazking (p. 20) — the public and private sector use single-use and_surface lot pazking as a
way to hold parcels for long-term deVelopmen� Finally, tfie ptan's recommendations on
ground floor windows and active usages fail to recognize market constraints. The
Chamber is also pmviding written comments.
Chair A$on announced that staff received three (3) Ietters from the Saint Paul Riverfront
Corporation, Capitol River Council and Councilmember Thune's Of�ice.
MQITON: ConmrissionerNelson moved to ciose the pub[ic hearsng, leave the record open for
written tesiimony unti14:30 p.m. on Mondrry; December 2I, 2009, and to refer tke matter back
to Ehe Camprehensive Planning Cominiltee for review and recommendation. Commissioner
Faricy. seconded the motion. The matian carried unanimously on a voice vot�
V: Zoning Committee
SITE PLANREVIEW —List of current applications: _(T'om Beach, 651/266-908� •
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•
Three items will come before the staff Site Plan Review Committee on December 22, 2009. They
aze: Northem Metals Recycling Trailer Storage Xazd at 551 Bazge Channel Road; Walgreen #2
at 2101 Ford Parkway; and Metropnlitan Council — E.S., Force Main improvement at 2898 Childs
Road. �
OLD BUSIl�ESS
#08-083-992 Laurel Apts Pazkin¢ Lot #2 — Consider-revocation of pazking lot site plan
approved June 11, 2008, for failure to meet conditions of approval. 2057 Laurel Avenue.
(Tom Beach, 651/266-9086)
MDITON: Commissioner.Morton moved the Zoning Committee's recoh:n:endation to revoke
the parking lot site plan. The motion carried unanimously on a voice vote.
NER' BUSIl�iESS '
#09-327-710 David Youmans — Conditional Use Permit for transitional housing facility for six
(6) or fewer residents. 680 Thomas Avenue, SW comer at St. Albans. (Sarah Zorn, 651/266-
6570) '
MOTION: Commissioner Morton moved the Zoning Committee's ieco�mnendatinn ta approve
the eonditionat use permit subject to additional conditions. T7te motion carried unanimously
e on a voice vote.
#09-328-553 Ray Matter = Establishment of legal nonconfoiming use status for excavating
btisiness. 770 Brookline Street, NE comer at Springside. (Sarah Zorn, 651/266-6570J
Commissioner Faricy asked for clarification of City Attorney Peter Wamer's advice to the
Zoning Conimittee at the public hearing.
Commissioner Kramer said that the City Attamey laid out scenarios and alternatives for the
Zoning Committee to consider. Tha Zoning Committee's recommendarion revised and refined
the staffl s recommendafion based in part on the City Attomey's input. -
Commissioner Schertler asked stafFto e�cplain the difference between the Zoning Committee's
recommendation and the staff's recommeniiation.
Sarah Zorn, PED staff said that the staff's recommend'afion originally was the first condition
listed, allowing the business to continue as long as the applicant resides on premises. The Zoning
Committee debated further and added tbe additional three,(3) conditions.
Commissioner Spaulding stated that he has understood that nonconformiries aze more acceptable
if they are masked from public view, if they'don't have a detrimental affect on neighboring
properties by being within an enclosed structure. The' interpretarion here is that if it is outside a
structure, it is ok and he would like to get clarification of that:
• Commissioner Margulies said that the Committee discussed this issue at the meeting, trying to
discem the intent of the zoning code. _
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Commissioner Kramer said that this was why the additional conditions were added - to make sure
that the nonconforming activity remains in the current confines. He also noted that there is a.
whole chapter on nonconforming uses, which sets a city policy that nonconforming uses can
continue under certain conditions. .
Commissioner Gordon added that part of the discussion at the Zoning Committee meettng was to
get on the record_thatthis case was being decided on its owu unique facts and there was no intent
to establish a precedent that would do away with the requirement that the use occ�s ent¢ely
witfiin an exisfiing structure, but mtfier tq interpret and apply tfie Zoning Code to fihe unique facfs
presented by this case. Also the record here at the Planning Commission should reflect that, so
that if not be. misconshued as esfablisfiing a preced'ent going forwazd:
Commissioner Smiffen said tfiat the last item at tfie Zoning Committee meeting was tfie hahadship
piece. She asked for clarification about the cost to move the business as an element of
estabHshing hazdsfiip. _ ,
Commissioner Morton said that this business has been at this location since 1973; this is a lazge
pazcel of land (over three (3) acresj; and having to move would put Mr. Matter out of business.
The Coinmittee believed this established hardstup.
MOTION: ConanrssionerMorton moved the Zoning'Comnritlee's recomniendation to approve
the cstablishment of legal nonconformirsg use stafus subject to additional conditionr. The
motion carried unaninrously ox a vnice vote
Minor Text Amendments for Chapters 60 and 61 of the Zonia� Code - Recommendation to
release draft for public review and schedule a public hearing on February 5, 2010. (Kate Reilly,
651/2b6-6618) - _ -
MOTION: CommissianerMnrtom m�ve'd theZnning Cammsuee's recommendatinn to relpnse
the proposed amendment for pubiic review and sd a public hearing at the Planning
�. Commission meeling vst February S, ZOIO. The mntion carried unanimously on a vaice vote
Commissioner Morton announced the items on the agenda for the ne�ct Zoning Committee
meeting; on Tuesday, December 29 2Q09. �
VI. Comprehensive Planning Committee
�onmg amenaments to �awt raui•s t�u-�ueet razxm�xeqwremenrs aua liesign �ranaazas =
Recommendation to release draft for public review and schedule a public hearing on January 22,
201.0. (Merritt Clapp-Smzth, 651/266-6547, and Tia Anderson, 651/266-6562) '�
Tia Anderson, PED staff gave a brief power point presentataion about Saint Paul's l�ff-Street .
Pazking Requiremeuts; an overview of pubIic feedback and-the proposed code amendments:
They received a great amount of support for the chariges in the off-sh�eet pazking requirements,
and support foi the broader goals and objectives of the study. The proposed amendments would
consolidate manq of the various use requirements, reduce those use requirements to better meet
average off-street pazking demands as opposed to peak parking demands, enhance overall paddng
facility design and simplify the code.
4
.
.
•
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�
Tn terms of residentiai pazking requirements the proposal is to have a stepped approach for multi-
family dweIling units, requiring more spaces for units with more bedrooms, and this did receive
broad support during the public discussions. There were some concerns raised by affordable
housing advocates who cantioned against overburdening fliose types of developments.
Merritt Clapp-Smith, PED staff, said that they brought forward in the public discussion the idea
af introducing a citywide pazking maximum. Maximums are something the city currently uses in
its TN zonmg districts and in the Central Corridor wning overlay. There was good support for
doing pazking maximums with the intent of hyiug to discourage people from over buIlding
pazking when it is not needed. Ms. Clapp-Smith showed a sample table of the off-street parking
changes. She talked about the different ways to reduce the minimum pazking requirement
through shared parking agreements, bicycle pazking, shazed vehicle pazking and for mi�ced-use
corridors. The mixed-use corridors received varying feedback. There is debate about hoW
broadly this pazldng reduction should apply: How many streets and how wide an azea from the
cotridor? This will be one of the items that generates more discussion.
Regarding enhanced landscaping requirements, there was very strong support for this. At least 15
square feet of interior landscaping would ba required for every 100 square feet of paving for
parking facilities with more than fwenty (20) parking.spaces or 6,000 square feet, whichever is
less. The Department of Safety and Inspecrions staff have been encouraging the placement of
trees in pazking lots, one (Ij every 35 feet on average, wtuch is close to one (1) shade tree per five
(5) parking spaces. There was also intere'st in introducing a requ'uement for intemal walkways in
large pazking lots.
�.
Travel Demand Management (TDIvn -- the proposed code amendments have a requirement for
sites that aze going to be over 100 parking spaces to work with Saint Paui Smart Trips to prepare
a travel demand managemenY plan. The City would hold a financia] guarantee that would be
released after two (2) yeazs based on showing the best effort to put together a TDM
implementa6on plan.
Commissioner Porter asked when the restaurant parking demand counts were actually taken.
Ms. Clapp-Smith said fhat the counts for difFerent earing places haye been taken over a three (3)
year period, so they have been continuing to collect different infortnation. If anyone is interested
in seeing the spreadsheet table she can provide that:
MOTIbN: CommissinnerMorton moved the Comprehensive Planning Committee's
recommendation to re[ease the proposed amendments for public review and sei a public
hearing for January 22, 2009. Camn:issioner Wencl seconded the motion. The motion carried
unanimously oa a voice vote.
VII. Neighborhood Planning Committee
Commissioner Wencl had no report.
VIII. Co.mmunicafions Committee
• There was no report.
5
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IX. Task Force $eports
Commissioner T'hao reported that the Hamline; Western, and Victoria Steering Committee met on
. Wednesday, Dec. 16`�: There were some concems about the timing of when these new stations
would be built But the steering commiltee is in place and they look fortvazd fo completing their
work in the qonvng year. ,
Commissioner Smitten anno.unced that the Smith Avenue Redevelopment Comdor steering group
met with potential task force members. They are looking for 15 people and about 50 people
showed up: The application deadline is December 31, 2009 and in Ianuary 2010 they will be '. -
recommending those task force members. ,.
x oia s��
None. . -
XI. New Bnsiness
None. ` • -
XII. Adjournment '_ . � ' .
�1Vleeting adjourned at 939 a.m.
Recordad andprepared by
Soaja BuUer, Planning Commission Secretazy.
PIanging arid Economic DeveIopment Depai[ment,
City of Saint Paul
Respectfully submitted,
����� :
Donna Drummon8
Planning Director �
PED16utler�planning wmmission�mber IS, 2009
Approved j�b Z
��)
Maril Porter
Secr bfthe P ommission .
6
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C�
a
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• MINUTES OF THE ZONING COMMIl'iEE
Thursday, December 10, 2009 - 3:30 p.m.
City Gouncil Chambers, 3rd Floor
Clty Hall and Court House
15 West Kellogg Boulevard
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PRESENT: Donnelly-Cohen, Goodlow, Gordon, Johnson, Kramer, Margulies and Morton
ABSENT: Commers
STAF�: Sarah Zom, Samantha Langer, Patricia James, and Peter Wamer
The meeting was chairad by Commissioner Morton.
Ray Mattee - 09�28-553 - Establishment of legal nonconforming use status for excavating
business, 7T0 Brookline St, NE corner at Springside
Sarah Zom presented the staff report vvith a recommendation of approval with conditions for the
nonconforming use permit. Sarah Zom also stated District 1 recommended approval with
conditions, and there were 0 letters in support, and 2 letters in opposition.
Upon questions from the Commissioners, Ms. Zom stated that if the legal nonconforming use
status were approved, it would not affect the conditions that were listed in the variance
_� approved by the Board of Zoning Appeals in Apri1, 2003. Ms: Zorn confirmed that the garage
could not be used for any business purpose.
Raymond Matter, the applicant, at 770 Brookiine, stated he has owned the property since 1959
and he started an excavation business in 1973. He stated that years later his son bought half of
the business. Mr. Matter explained the garage is not used for any business purpose. He also
explained the property would by used as a base for business operations and to store excavating
equipment outside.
Betsy Leach, Community Organizer for District 1 Council, spoke in support. Please see
attached letter.
Tom Dimond, 2119 Skyway Drive, spoke in opposition. Please see attached letter.
Ron Cockriel, 943 Century Avenue N, spoke in opposition. Mr. Cockriel stated that in 1997
there was a verbal agreement made between neighbors regarding the Matters' assistance with
demolishing a house for the Highwood Preserve, which would allow them to keep their
equipment on the land for a period of five years. He also stated that the operation hasn't been
in operation since 1973, and he believes that Mr. Matter is retired and thought that his son
would take. over and move the operation to Woodbury. Mr. Cockriel stated that he had concerns
regarding the amount of equipment stored on the land and safety issues with oiI spills or
possibie fires, and he claimed that they had dug into the bluff in order fo store materiais.
Dan McGiness, 2160 Ogden Avenue, stated he was not fully opposed or in support of the
• proposat. He stated that he doesn't believe the use of the property is consistent with the
Highwood Plan, and he wished the staff report mentioned the plan. Mr. McGiness stated he
does support the District Council's recommendation.
10-135 _
December10,2009 � � �
ZF #09-328-553 ' .
Page 2 of 2 ' '
Rory Matter, 2201 Springside Drive, spoke in rebuttal. He stated that his father is not retired
and he does own 50% of the business. Mr. Matter eicplained that they do not dig or mine on fhe
property, but they do store material on the property for short periods of time, and they do not
use portable storage containers. He stated that they have been in the business since 1973 and
since that time there have never been any fuel or oil spilis or any accidents with their equipment.
He stated that they are using less than one acre to store fhe equipment
At the inquiry of the Commissioners, Mr_ Matter confirmed that he is in agreement with District 1
recommendafion and fie fhinks if would create a hardship if they were not allowed fo store
material on the property for brief.periods of time. He also stated if they were not allowed to
sfore their equipment on fhe property, they would nesd to sell everything bequse they do not
haye the ability to purchase property elsewhere. He also stated that their current equipment
inventory includes: 1 CAT 315 excavator, 2 Trackscavators, 2 dump trucks, 2 trailers, 1
compactor, 1 pickup/trailer, a backhoe, and a bobcat. The Matters currently own 11 pieces of
excavating equipment as well as 7 antique machines.
The public hearing was closed.
Commissioner Kafhi Donnelly-Cohen moved approval of the staff recommendation of the
nonconforming use permit with the additional condition that no future excava6on be done on the
site. Commissioner Richard Kramer seconded the mofiQn.
There was further discussion try Pefer Wamer, Assistant City Attomey, regarding tfie Zoning .
Code $ec. 62.109(a) and the fact tha# the code addresses principle uses rather than an
accessory use. He stated it is more accurate to state that approval would allow outdoor
storage.
At the recommendation of Commissioner Kramer, Wendy Lane, Zoning Manager in the
Department of Safety and Inspecfions (DSI), agreed to have staff take measurements of the
area used for exterior storage and provide a hand drawn map showing where the equipment
and materials are currently and could.continue to be stored.
After further discussion it was agreed to add the following conditions to the staff.
recommendation:
1. no additional excavation shall take place on the property, - ,
2. storage shall be limited to the number of vehicles and equipment they currentfy have and
a map will be submitted by DSI showing the area that may be used for sforage, and
3. the storage of materials is limited to sand, gravel, dirt and boulders
The motion passed by a vote of 7-0-0.
Adopfed Yeas - 7 Nays - 0 AbsYained - 0
Drafted by: Submitted by: Approved by:
�i���� �— J%�n�
Samantha Langer � Sarah Zom Gladys orton •
Recording Secretary Zoning Section Chair
Communiiy
Counci{
•
December 9, 2009
Zoning Committee ofthe Planning Commission
25 W. 4�' Street
St. Paul, MN 55102
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Community Council Office
Ger�era{ Office and Distnct i Nev✓s
2090 Corrway St, Room 126
Saint Paul, MN 55119
(651) 50l -63A 5 (phone)
(651) 501-6346 (fax)
distnct� ca�ncil@aol com
www.distnC'.lcounCil org
Battle Creek Police Storefront
A Communrty Partnership
2107 Old Hudson Road
Sun Ray Shopping Center
Saint Paul, PAN 551 �9
(651) 702-6/ /0 (phone)
(651) 7148229 (fvc)
distnctl CPCC�?aol.com
Re: 09-328-553 — Legal Nonconforming Use Permit — 770 Brookline St.
The 17istrict 1 Community Council held a meeting on December 8 to hear from neighbors about
this application for a nonconforming use permit. We flyered the neighborhood beyond the 100 ft.
limit, sent an announcement of the meeting via email, and placed another announcement on our
website. A report of the community meeting is attached and includes comments that were
received outside of the meeting.
As a result of this input; an examination of the history of the site; and consideration of the
Highwood Pian, the Mississippi River Corridor standards, and the staff report, the Council
� supports the petition on the condition that the permit does not extend beyond the current owners
of the business. We make this decision given the long tenure of the family and their business at
this location, and in order to support this family for this use at this time.
Over time, however, we expect to see the nonconforming use expire, in order to bring the
neighborhood into closer compliance with the long-term vision that was outlined in the
Highwood Plan. In addition, we feel that clarification is needed about the relationship between
Yhis property and the Highwood Preserve, a public open space, adjacent to it.
Our concems in this case, aze several. First, there is confusion over the variance that was granted
in 2003, which states that the business had been sold and that, as a condition of approval, all
excavation equipment was to be removed. The properiy owner now states that he had only sold
half the business to his son, that he always intended to continue business at this location, and that
he did not agree to removal of the equipmeni. Apparently, at the time of the variance, the
property owner was not informed about the possibility of applying for a legal nonconforming use
permit. Also, appazently, compliance with the conditions of the variance was not verified
because storage of equipment on the property has been continuous.
Second, the City wi11 need to clarify how access to Brookline St., a public road, and the
Highwood Preserve, a public space, can be made if the property owner and the other Brookline
residents feel that Mr. Matter's easement through city land is not publia lt would seem that,
since neighbors have used his easement and the road through his land to access Brookline, the
� road is, in fact, public.
Our mission is to create opporturnties for The people who live and work in our neighborhoods to engage with each other and with our government
officials in order to budd a more vibrant and welcoming community.
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Finally, although the Highwood Plan does not directly reference nonconforming use, it clearly •
states that this azea is to be residential and that the city is to safeguard the slopes and habitat for a
geater good than merely those neighbors within 100 — 350 feet of places where questionable
uses and projects occur. We feel that the Highwood Plan and the Mississippi River Critical Area
standards should also be referenced in any staff report, even if only to say that they, specifically,
do not apply. This will help to alleviate neighborhood concems that our long-term plans and
larger scale responsibilities aze being attended to.
Nonconforming uses need to be addressed in their particulars. Those particulazs include long-
term visions for land use in an area. If not for the long tenute of this family and tYris business, the
proposed use in this case would not be acceptable land use in this area as now defined.
Again, the Council supports this pemut request for this applicant and this business at this time,
on the condition that when these particulaz owners abandon or sell their enterprise, the pemut
expire.
Thank you,
Betsy Leach
For the District 1 Community Council
Cc: Kathy Lantry, City Council- Wazd 7
•
7
Our mission is to create opportunities for the people who live and work in our neighborhoods to engage with each other and with our governmeni
officials in order to build a more v�brant and welcoming communiry.
10-135
•
Tom Dimond
2119 Skyway Drive
Saint Paul, M13 55119
November 10, 2009
RE: 770 Brookline Street
DIS has been asked by the community to correct ongoing violations in the Crifical Area In 2003
the applicant stated ail of the commercial vehicles and equipment would be removed from this
groperty. The applicant naade these assurances as part of a variance request. Six years Iater
commeccial vehicles and equipment have not been removed from the properly. DIS was asked to
take action to bring this property into compliance. The Community should now support DIS
action. DIS has photos showing 2003 and 2009 conditions.
The Zoning Code does not allow eacavating business in R-1 residential.
Dump trucks, bulldozers, front end loaders, trailers, and storage of building materials including
gravel require indushial zoning. The zoning for the property and surronnding area is some of the
most protective zoning. The zoning required is some of the least restrictive. In addition the
overlay zoning is RC-3 Urban Open Space.
• The Overlay Zoning does not support the indnstrial use.
The overlay zo nino is RC-3 Urban Open Space. This is the most pxotective Critical Area zoning.
It is intended thai Iands and waters within this district shall be managed to conserve and protect
the e�sting and potential recreational, scenic, natural and historic resources. Miniug and
eactraction operations shall not be permitted. Industrial use is not permitted on slopes greater than
12%. Development shall take place at least 40 feet landward of all bluffIines. The zoning map
shows the blu ftline r�n;ng through the property. Theze are slopes greater than 12%.
The Zoning Code has no grovision to allow what is proposed.
The Zoning Code allows legat nonconfomvng use if you can demonstrate by clear and
convincing evidence that prior to October 25, 1975, the use was established, converted, or
enlazged and oocupied pursuant to building permits issued by the city or if the use bad been
existence continuously for 24 yeais prior to December 13, 1976. (December 13, 1956) The
burden of proof shall be on the properry ovmer. There aze two exceptions to these requirements
in 62.109 (a) and (b). S�tion 62.109 (a) allows for the nonconforming use of structures uader
certain conditions. Section 62.109 (b) allows for nonconforming parldng use under certain
conditions. Neither of these pmvisions allows what is pzoposed.
The use occnrs entirely within an e�sting stractare condition cannot be me�
• The use is outside of an e�sting structure and does not qualify for this provision of the code. The
law does.not allow the granting of non conforming use of skucture status when a structure is not
10-135
involved. In 2003 the Boazd of Zoning Appeals stipulated that the slzuchae could not be used for .
storing commercial vehicles or equipment or for any business purposes.
Hardship condition cannot be met
In 2003 as part of a variance approval the.appficantstated Yhat aiI of the commercial vehicIes and
equipment will be removed fmm the pmperty. No hardship was claimed and no nonconfomung
use was applied for.
Consistenf with comprehensive plan provision cannof be met
The area is R i residefftiai, RC-3 urban apen space on the blu�fs in Highwood. The Highwood
Pian, River Coaidor Plan policy is lands and waters within this district shall be managed to
conserve'and pmtect the eicisting and potential recreational, scenic, natural and historic
resources. Policy is no development of bluffs and at least 40 feet landward of the bluffiine.
Poficy is no indastrial use on slopes greater than 12%. Policy is txee protection. This property has
the bluft7ine runuing through i� 12% slopes, park natime pzeserve and single familq residential .
sarmunding it An industrial excavarion company with heavy trucks, bulldozers, front end
loaders, trailers, equiPment, building maYerial storage and excavation on site is not consistent .
with the comprehensive plan incl"�� the River Corridor section and Highwood small area plan.
The Plannmg Conamissioa shonld snpport DIS staff efforts to remove all commercial
vebicles and eqnipment from I2-1 residential property. D7S is worlang to bring tLis •
property into compliance with the zoning code and the 2003 variance approvaL There is no
provision in the zoning code to allow what is proposed.
�
10-135
DEPARTMENT OF PI,ANNING & �
ECONOMIC DEVELOPMENT .....mm
Ceci2 Hedor. Director
�
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czzy oF s�rrr PAVz
Christopher B. Coleman, Mayor
December 30, 2009
Attn: Raymond V Matter
770 Brookline St
St Paul MN 55119-5312
25 West Faurth Street Telephone: 651-266-6700
Saint Pa�zl, MN 55102 Facsimile: 651-228-3220
RE: Notice of Appeal of Zoning File 09-328-553, Raymond V. Matter
Zoning File #09-520-146, Raymond V. Matter
Dear Mr. Matter:
I am writing to notify you that the Zoning Section of the Department of Planning and
Economic Development has received your application appealing ihe Planning
Commission's decision to approve the establishment of nonconform+ng use for the
excavating business and the attached conditions, on the property located at 770
Brookline Street. The Saint Pau� City Councii will conduct a public hearing on the appeal
on January 20, 2010.
No building permits may be issued, and any permits that may have been issued prior to
the appeal being filed are suspended, and any wnstruction must cease until the City
Council has made a finai determination on the appeal.
Minnesota Statutes 15.99 requires that all city action on zoning applications be
completed within 60 days of the date the application is made, but allows the City to
extend this period for an additional 60 days (totaf of 120 days). In order to allow time for
a City Council public hearing on an appeal while meeting deadlines established by sfate
law, the City of Saint Paul is hereby extending the deadline for action from January 18,
2010 to March 19, 2010.
Please contact me at 651-266-657� or by e-mai! at sarah.zorn@ci.stpaul.mn.us if you
have questions.
Sinc��
Sarah Zorn
City Planner
cc: File #: 09-520-146
Zoning Administrator
License Inspector
District 1
Dec 16 09 D2:S5p
P ]
aecemtrer 17, 2009
Mr. 8rian Alton, Chair
SL Paul Planning Commission
1900 City Hall Mnex
25 West Fourth Street
SG Paul, MN 55102-1634
Raymond Matter
770 Brookline Avenue
St Paut, MN 55119
Dear Mr, A[ton,
The purpase of this letYer es to respectFully request your thoughtfal consideration and advoracy of my
petition for a Nonrnnforming Use Pertnit Application for my property at770 Brookiine Ave. in St Paul.
t initiated the process to seek the Nonconfarming Use PermitAppliption in October ofthis year,
following receipt of a letter from the Crcy of St Pau! informirrg rree that operation of my 6usiness, Rayco
Excavating; from this location is in violation of current zoning requirements. I submitted my application
under provisions of Cfiapter 62, Section 109 of the Zoning Code which alloivs for °establishment of legal
nonconforming �se status for use in existence at least 10 years." I have owned and operated Rayco
Excavatirig, a residerttial excavation busirress, from this tocation since spring aF 2973. My son, Rory
Matter, has been a full partner in the business since spring of 1992.
In Novem6er, aftercompleting ali required tasks and paperwork, the District Council detertnined that
we met the qualificatiou for the Noncort{nrming Use Permit and recommerided that Rayco Excavating
6e allowed ta remain at rny 770 Brookline Ave_ address until the business is soid or shut down.
Last week, xhe St. Paul Zoning Commissian reviewed our petitian. The Zoning Commission also
approved the Nonconforming Use Permk, but wit@ the co�ition that it ortty exist as iong as I am alive.
As t stated above, I am writing to seek your advocacy and support in moving my petition forward
without the conditiortsuaaested bv the 2nnina Commission. The condition proposed by the Zoning
Commissiort would impose gr�eat hardship on Rayco E�cavating in the event that it woutd be required to
relocate. it is a smail two-man operetion and, even in good° times, it does notgenerate sufficient
revenueto support the expense of moving, expenses that woufd include both property and
infrastructure acquisition and development, I am asking that Rayco Excavating, an existing busi�ess that
has operated from myaddress for 36+years (without a single rnmpfaint or issue in all ofthose year}, be
allowed ta remain at 770 Brookline Avenue for as iong Rory or I own and operate it._ I do understand
that any righis and prirrileges g2nted would not VansFer W another owner of Rayco Excavating and that
they would not ailow any new 6usiness ta start ap or operate from thu address.
Thank yau in advance for your time and your fhoughtfiel consideration ot my request Pkase !et me
knowif further irrFormation or supporting documentation is desired or required.
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���.� ���� �
Raym nd V. Matter
12-i6-09 i6:22am From-HOUSE OF REPRESENTATIVES
Sheidan Johnson
� SFate Represertatnre
p�su,a s�s
Ramsey Coumy
�lllll�SOta
.�ouse of
Representatives
COMtdRTEES Ct1AiR. T£LECOMMUNiCATIONS R�GLiATIUiV ANp iNFRASTR�C7LRE PNISIDIY
cOenMeRC� nriR v.BOR
ENERGr Fw,nNCEpryp POUCY pIVISION
MINNESOTA HERITAGEFiNAfVCE �IVISION
' PUBI.IC SAFETY AND�CIVIL.IUS7�C� ,
pear PlanniRg Commission:
I am writing to comment on the Planning Commiss;on. reso}ution regard;ng File #09-
328-553 wherein Raymond Matter applies for an Establishment of legal nonconforming
use status for excavating busfness at 770 Broakline, Sc. Paul.
As you know, the site is questian I�es w�thin Mississippi River Cntical Area, and
therefore requires speciai regulatory attention to issues such as proteckian ofi steep
s)opes and D1ufFs, buifding set bacKS from bluffs, and uses consistent with the City's
zoning regulations for the Mississippi River C�ftica! Area Corridor. For the pa�k 30 years,
the Critical Area has received much atten[ion from area neighEwts, especiafly in
Nighwooq, who have invested much time and energy working to preserve and protect
the rtatural resources of the Cr�ticai Area. The smaA area plan, "Highwood
peveloprner�t Policies and Regulation for Impismentation" is the �ty-appraved Plan t�at
addresses many af chese planning, development, and zaning issues in this area.
I have heard from nsighnors 4n both sides of the issue of whether the abpve
app[ication shouid be approved, and I hava my own thoughts on this issue as wei).
However, I think that the resolutian approved by the Zoning Committee af the Pianning
Commission on Qecemb�r 1D, 2009, wherein approval is granted subject to the 4
specific conditions, is a reasonable compramise. I suppost the fuii planning
Commissions".approval af this resafuUOn as well.
Thank you for your service to tfle community of St. Paul.
Sincerely, .
o'"�t.�-�/
Sheldon )oh n
State Representative b7B
Cc — District i Councii of St. Paut
Ka[hy Lantry — Ward 7
2037 Nowartl St. S., St Pa�t, Nunnesota 55�18
L�
{85}) 73&3143
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6512972688 T-058 P.02/02 Ft@�Q] 3$
10-135
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ZONING COMMITTEE STAFF REPORT
1. FILE NAME: Raymond Matter
10-135
FILE #09-328-553
� 2. APPLICANT: Raymond Matter
3. 'I"YPE OF APPLICATION: NUP - Establishment
4. LQCATfQN: 770 Brookline St, NE corner at Springside
HEARING DATE: December 10, 2009
5. PIN & LEGAL DESCRIPTION: 142822120025, SURLINGT�N HEIGHTS, DIVISION NO. 1,
RAMSEY COUNTY, MINNESOTA VAC STS & ALLEYS ACCRUING & FOL; LOTS 17 THRU 22 BLK
4 ALSO FORMER LOTS 16 THRU 19 & 22 THRU 27 BLK 5 OF BURL. HTS DIV NO 1 AS VAC.
NOW BEING PART OF NW 1/4 OF NE 1/4 OF SEC 14 T 28 R 22 ALSO IN
6. PLANNING DIS7RICT: 1
7. ZONING CODE REFERENCE: § 62.109(a)
8. STAFF REPORT DATE: December 3, 2009
PRESENT ZONING: R1
BY: Sarah Zorn
9. DATE RECEIVED: November 19, 2009 60-DAY DEADLINE FOR ACTION: January 18, 2016
A. PURPOSE: Establishment of legal nonconforming use status for excavating business
B. PARCEL SIZE: Irregular parcel; 156,310 sq. ft.
C. EXISTING LAND USE: R-Single Family Dwelling
D. SURROUNDING LAND USE:
North: Single family residential (R1)
East: Single family residential (R1}
South: Single family residential (R1)
West: Single family residential (R1)
E. ZONING CODE CITATION: §62.109(a) lists the conditions under which the Planning Commission
may grant a permit to establish legai nonconforming use status,
F. HISTORY/DISCUSSION: In April of 2003 the Board of Zoning Appeals approved a variance for a
1,500 sq. ft. accessory garage (#03-271666). A condition of the variance was that the garage was
"not to be used for the storage of commercial vehicles or equipment or for any other business
purposes."
G. DISTRICT COUNCIL RECOMMENDATION: The District 1 Council had not commented at the time
this report was prepared.
H. FINDINGS:
�
1. The applicant has been operating an excavating business since 1973 and has been using his
property as the base for this operation. Business vehicles and equipment are stored on site. In
the winter, the applicant uses his business equipment to maintain the access road to his property
and adjoining property as well.
2. Section 62.109(a} of the zoning code provides that the Planning Commission may grant legal
nonconforming use status to use of structures "rf the commission makes eight findings. The
findings and the appiicanYs ability to meet them are as follows:
(>) The use occurs entirely wifhin an existing structure. This condition does not apply. The
excavation business is an outdoor use that cannot take place within an existing structure.
(2) The use or use of similar intensity permitted in the same ciause of the zoning code or in a
more restrictive zoning district has been existence continuously fo� a period of at least ten
years prior to the date of the application. This condition is met. According to the applicant the
business has been based at this location since 1973.
(3) The off-street parking is adequafe to serve the use. This condition is met. Adequate parking is
avai{able to serve the use. The parcel is more than three (3} acres and the business employs
only two people.
(4) Ha�dship would result if the use were discontinued. This condition is met. The business
constitutes the livelihood of the applicant and hardship would certainly result if the use were
Zoning File #09-328-553
Page 2 of 2
10-135
discontinued. The applicant would incur significant expense if he were required to store the
equipment at an alternaYive location, .
(5) Rezoning the property woufd result in °spoY' zoning or a zoning inappropriate fo surrounding
fand uses. This condition is met. Rezoning the property to an industrial classification wouid be
inconsistent with surrounding residential land uses.
(6) The use will not be detrimental to the existing character of development in the immediate
neighborhood or endanger the public heafth, safety, or general welfare. TFiis condition is mef.
This property is in an established neighborhood, making additional development unlikely and
in some cases impossibie due to the proximity of the bluffline. The business has been in
existence since 1973, its continuation wil! not be detrimental to the existing character of
development in the immediate area. In addition the appiicant regularly maintains Brookline
Street and access to adjacent property in the winterfime.
(7) The use is consistent with the comprehensive plan. This condition is met. The use is not
inconsistent with any specific plan policies.
(8J A notarized petition of iwo-thirds of the property owners within one l�undred (?OOJ feet the
property has been submitted stating their support for the use. This condition is met. The
petition was found sufficient on November 24, 2009: 17 parcels eligible; 12 parcels required;
16 parcels signed.
t. STAFF RECOMMENDATtON: Based on the above findings, staff recommends approvai of the
establishment of legal nonconforming use status for an excavating business subject to the condition
that the nonconforming use permit shall remain valid so long as the applicant, Ray Matter, resides on
the premises. The nonconforming use permit shall not be transferable to any of The applicanYs
successors or assigns, or any other persons.
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NONC011FORMING USE PERMfT APPLiCAT10N
Department of PlahniRg and Economic DevelopmeRf
Zoning SecBon -
i400 City Hai/ Annex
- 25
. Sainf Paul, MN 55f 02-Y634
��� (651) 266-6589
Name
�� ��,
���,
APPLICANT Address 2�vP t1t�}: ,.i/e ��E
City � I' �/�u � St.���Zip ' h S// g Daytime Qhone Lcl�^G�� �`��
Narrie of Owner ('rf different)
PROPERTY
LOCATION
•
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Contact Person ('rf diffsrent) Phone �,�i- 7 3�- 2 a �
Address/Location � �� �/Z c10 1� j / �fJL�
Lega! Description /� • R8. �2 �o.s � 01 �!o , _.
Current Zoning _ �.�
(attach additional sheet if necessary) '
TYPE OF PERMIT: Application is hereby made for a Noncronlorming Use Permif under provisions of Chapter 62,
> Section iD9 of the Zoning Gode:
7he permit is for: 0 Ghange fr'om one nonconforming use to anothet (para. c) •
. L7 Re-establishment o# a nonconforming use vacant formore than one year (para. e)
� Establishment of legal_nonconforrning use status for use in�existence at least 10 years (para. a)
❑ En{argement of a nonconforming use (para. d}
SUPPORTINGINFORMATION: Supplythe
PresenUPast Use
Praposed Use
Attach additional sheets if neeessary
w.� �..� a,�-�.,:-�-�- � � 6�=�- �-
. � Q�3 ,
� 1 � �S'�
Attachments as required ❑ Site Plan ❑ Consent Pe#ition . ❑ Affidavit �
Applicant's Signature
` —O City Agent
K:cmartine/pedffortnslnonconforming us� pertnit Revised 1/3�07 � � t i
l
fhat is applibable�to your type of permit.
10-135
10-135
• CityofSt.Paul
Department of Pianning and Economic Development
2oning Section
1400 City Hall Annex
25 West Fourth Street
St. Paui, MN 55102-1634
November 17, 2009
Raymond Matter
770 Brookiine Avenue
St. Paul, MN 55119
Dear Mr. Dubruiel,
Piease find enclosed a completed Nonconforming Use Permit Application for my property, located at
770 Brookline Avenue in St. Paul. I am submitting this application under provisions of Chapter 62,
Section 109 ofthe Zoning Code which allows for "establishment of legal nonconforming use status for
• use in existence at least 10 years."
As required by the City of St. Pauf, I have provided proper notification to all owners of property within
100 fieet ofi the subject property and acquired 10096 signed consent to the Nonconforming Use Permit.
Originafs of all required and referenced documents are provided with this letter.
To speak to the points identified in the Nonconforming Use Status document provided by the City:
• I started my single-owner, single employee excavating business in 1973. I have always used my
property at 770 Srookline Avenue as my base of operation. In 1992 my son, Rory Matter, joined
me in business and Rory and i are ihe sole empioyees. While the subject property has always
been the base of operation forthe business, no business is conducted at this address.
• Off-street parking is adequate to serve the use in that the subject property size is 3+acres and
the business equ+pment is always parked on the property.
Hardship wouid resulc if the use were discontinued. In todays economy and housing market,
my excavating business is surviving by a thread. We do not have the financial wherewithal to re-
establish or re-locate the business and the supporting infrastructure (garage and home-based
o�ceJ currently located at the subject property.
• AS mentioned earlier, f started my business in 1973 (36+years ago) and the subject property has
aiways been the base of operetion for the business. f have never received comptaints about my
use of my property, nor has the current use ever endangered public health, safery or general
. welfare. In fad, I wouid argue that I positively contribute to the safety and generel we�fare of
my immediate neighbors by perForming snow removal (performed aimost immediately following
cessation of snowfall and sometimes done incrementally duri�g a snowfall), sROw removal
1of2
10-135
around three fire hydrants located in close proximity to the subject property, and by taking care
of more than 1000 feet of easement driveway and Brookline Avenue year-round.
t respectfully request yourthoughtful consideration and approval of my NOnconforming Use Aermit
request. Ptease tet me know if further information or supporting documentation is desired or required.
Sincerely,
� ���
Raymoh V. Matter
Encl: Notarized Affidavit of Petitioner for a Conditional Use Permit or a Nonconforming Use Permft
Cry of St Paul Consent of Adjoining Property Owners for a Nonconforming Use Permit (1 signature)
Gty of St. Paul Consent of Adjoining Property Owners for a Nonconforming Use Permk (11 signatures)
Tes[imonials from neighbors (5 letters)
Copy of 1973 Rayco Excavating Comprehensive Insurance
Copy of 1973 Raycn Excavating liability lnsurance
Copies of Rayco Excavating first baok statement and checks,1973
Ariai photagraphs of area
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10-135
I, Albert Glisky, ha�ing resided at 805 Brookline Ave., St. Paul, •
Minnesota since 1963 attest to the following facts that are lrnown to me.
Ray Matter has operated and kept his excavating equipment for Rayco
Excavating, Inc. at 770 Brookline Ave., St. Paul, Minnesota since 1973.
r�������� �
� Albert Glisky ��
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10-135
• I, Scott Ackerman, having resided at 808 S. VJinthrop St., St. Paul,
Minnesota since 196� attest to the following facts that are known to me.
Ray Matter has operated, and kept his excavating equipment far, Rayco
Excavating, Inc. at 770 Brookline Ave., St. Paul, Minnesota since 1973.
�z��;�/
Scott Ackerman
l-(C-0
Date
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RORY VIi�CEra7 iJ� •TTEF� �
NOTARY PUdLiC-P �N OT,h. s
NY C�ra�issian E�ire �.: 3L 20<e� '}� �j --
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10-135
I, Wayne Shoenheider, residing, at 669 Burlington Rd., St. Pau1,
Minnesota since 1961 attest to the foliowing facts that are known to me.
Ray Matter has operated, and kept his excavating equipment for, Ra.yco
Excavating, Inc. at 770 Brooktine Ave., St. Paul, Minnesota since 1973.
Ld/ cL� � ��[�G�'
ayne Shoenheider
/I'/s'� ��
Date
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RORY `v'iPeCE:^<T �.:?Tf"E;? �
� NOTARY f-u3LVG?:�tP:u�SOTR �
My Ca�^u;sron �ires Jzn.'sL 2073 �
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10-135
• I, Elizabeth Kamish, having resided at 769 Brookline Ave., St. Paul,
Minnesota since 195$ attest to the following facts that are l�own to me.
Ray Matter has operated and kept his excavating equipment for Rayco
Excavating, Inc. at 770 Brookline Ave., St. Paul, Minnesota since 1973.
1'
,
�% .�'" - -a`� ���'
izabeth Kamish
//-/� ��
Date
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RORY V��CENT i?A���
NOTr1R1' PI.bL���-lvilPlN°S6TA
Ey �a,n�ssion Expirzs Jan. 31. 2073
10-135
I, Dan Norton, ha�ing been raised, and now residing, at 782 Gabriel �
Rd., St. Paul, Minnesota since 195�attest to the following facts that are
known to me.
Ray Matter has operated, and kept his excavating equipment for, Rayco
Excavating, Inc. at 770 Brookline Ave., St. Paul, Minnesota since 1973.
�Gi�jz �V�
Dan Norton
1l �/� /�a��
Date
•
ROnY b'GJvE`�T 1°A?TER
�0'AEY °L2! iC-ti�ilpl�SOTA
�Ny Cc�.aisc�or, ExuL'es Jan. 31, 2oi3
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10-135
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v:ice I�y 14; 2973
insaranee and RealEstofe
?2�tnond ?-fatter c'.i� °a�cc �cavati�-,
320 IXCHANGE BUILDING T � ?TO Rrooklihe Ave � �
Telephone 451-1075 *��' • ��� -� �'17.1]l1 . 55� L9
( SOUTH ST. PAUL, MINMES07A 55475
I dSPIA:T?O� POLYC- NUnBEP i COMP1tiY PAOPEP.?'1 C�VERE� K+ OF AMOV:IT � R.A^_E PAEbIIL']4 DL�E
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Inlnry Dama$a In}my .
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Y'he rating classifications under the Uescription of Hazards da noi modify (a) Area �(a) Per S00 Sq. ft. Area S � S ��
tlee e�cciusions or other tefms of the policy. t5) Prontage '@) Per Lineat Fao:
.�� (a)Premises-0perations � (c}Remunerffiion �(c)PerSi00Remuneration ._ _. _,,,
(d) Receip[s ! (d} PEr 53fl0 Receipts
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Pet
Per S1,OW�of Receipts '
.234 ? .350 � L2. 35, i�'
(e) RIXIuctS I I Pe( Si aT Sales --� -
_ - _ _ - -_____ ___ _ _ _ _ .. _ _ _ _ _ _ _ __ _ - _ . _ __ __ . . _ _ . __ _ _ _
Each
_iability � COVERAGE E- fa) Premises and Operatians
EacfiAccident pREMISES
t�EDICAL �¢ ���
S PAYMENTS
1See Provisions (6) Escafatars �
on Reverse Side) ��� s�,.,.r< a�rw�r� a
5
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Fotm AGC 6861-R2
S
S
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�"h,. - . -. , .. '":�
�� VL\.r�'���.•..� .
� YI
AA3D AitTC�M�SILE MEDtCAL ?AVMENTS ENDORS �
�-,� �-_ _ °
dba/Rayco Eacavating _ _--
Named lnsweu -- '
10-135
A�a 14, 3973 Po;�cy uo. $� 573517 `
ttive Date_ p I Ag ent
f !iti�:Of �I�Oillty' �.`: _�3C(iLzE:Sl3f!
b�ti��E E- AJT3''AOB31 E�iEDIGAL SC,��r?ULE ---`
- �ssit�a!e4 Pessm inssxd
pesip�3it� � #lmtumr�S4es - SSislse� 2 G
(1) Q Aa'Y �d aatmnotr3M �
f� �`AaY tirznsed nr�v+e� private Fas.e ,8er autamo�ile �
(31 L'� Any iiceus� rar.as' autamaaiiz o! ihR P!ck;;�, sekan �kitv°rY vr oanet iy� i
{� � MY �skaat autamt�Eh . -
(5i ;� Any at�tasa�tle �scrits8 with sp'�.�*iic A�rtomah�ie t.'�d:ca; PaYments Crem��m c'ru;e j — _
�
'� Ptds�Ci�S Gafage Lxatian Yeat Madei
n
LJ
7ype5
rcial C7)
Pr3.Ya�e Pasatar8er
Ciass 1 Pers9ns— Name of
�1
Gfass Z Empioyees
EstimaYed Ave�age tdumber
�f �
Cescrlplim 6f HazarSs ,
— ?cemiUm �sis — Fer A�tom,c+b�Ve __
i�
1�aae t�lame and Body r- ,4�o.a: Se a:crtdenUi�=atiaf �'���
See �c�ie3uie'f551 ?t;aci:ss�
,
�
;
i
°rEraiurt� Basis — Cosi oi Hire '
— i - � Estimataa � Rafes
i W'h.e�e Au.o W.iii Ee Prin:ipaLy Usad . rrt ��_ e � r � G �
St. L'su3., Minneaota ! If �ay
St. P�uS, �iaa��ssta izf Aa�'
P�emmm Basis — C�ass 1 Pers�ns ana Class 2 Ei
— —
, i Lacation of Headquarters of Persons Yametl
�'vt. �8.t11, Y�z33�e��9t�
of Ctass
SC, Pau1, Piins�sota
�3e Pra� c�s ` -
__—J-- _— ' ' �
( 8atl':,Y �r�g2' �
-u«uses� lo1K�y f Da�a#e � �tta
or L�se° I ida@FlifP � Llac6'sily
_____—. ---'��
I � i
i � '
� �
( 3&5.2'.� $2�.Z� �
� I
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I
,
�
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; �
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B. I. P. �.
5.274 3,1$5
3.2�Q�1.35i
� R:,tes Per 3'etsoo �
! B. 1. P. D. � e b��
i � �
1 �
'� B.�F;.SI �.�$�� -
I i
i �Raqes Pet ETiGioyee;
1 6.1. ' G
! .2�6; .153!
Miaimum Piemiams � B� �� b a.63
Divisinris 2 8 3 p� 0. Y I_13
ftu
S�b-Totais
5
S
�.��� �
S 2��,3�1. �
i °P&8" means "Plsasure and &usiness": "C' means "Commerciaf" _ � �
Fmm RGC 1675
,
10-135
,��.
u�-:`.;:: .:.' `,. : . '•
�F�6"p's _�.' _ •. ..
t'gis s�Z+3e�ant � �a!# is rsot a s�malete peli�y a# isus�ce aad i� e�eetive n�s� �rhen athe&ed iu a C6A ur �6C �oiiey
�' �U�'4�fl�10.E PHYSICAt �A!l�AGE IN�i�R�INCE SUAPlE�E�T �
7�s iasar2fiCe a8stdeC fiar cae6 autemobiie Is aniq wifA respeci te sach af ihe fi¢flexring coaer.ffies as are i¢di^„ate@ Dy sgeeit#e �reminm e5arge. T6e }imi4 oi T6e �
MesEEra's 1it5�Yt1y apiest eaep such eeverage sha!t Lt as s�tsd in 3he sehadule, sa6jzef ta a!t Me kr�s ef this sepple�esrt kavieq retere�ce fl�areto.
SGtIEDit1E
s
� 8a*a�a to� 1 Yau YedN — xracs ,�smn — B�f �h9� — tdxtiflcatice. Rafe i�.��nCe" � � Pn�� sea p°� .
a Ynt�'r ar Sertai kabsr Ciaot RaN SrmSO7 i lededms � 1.
3,
4,
5,
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7.
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T � I $@ � I 50� �
9 Westem's tn�ci�um f�isUtY urtder ffiis suODlemenY for airy one lass is
�% �Y�: (natne and address)
•
�
f F '
4:4 t ' . -.. ..
_■
� ��
«w.�. ,
•
8.00 �( 365.27 228.25
for any one automobil� a;
�nsurea � Iygg $gyco EacavatiIIg
. 77o Brooklise evenue
_ . -. `aaeress St. Paul, Hiaaesota SSli9
�.�
_.. .
;_,'.
�
_ �..
� VntlerLne aDOVe �cems if chan�ed or co•:ectetl. �
Ertdorsemeqt Jtsrte 5 1973
Eftecttve ........ �. s ..�.._ ,, ...........t........................................ . ......._.......
Pol. Ezpi�e'�._ ............:...5..._I4.9_._
.................._.. -
Remarks � [j���
r
10-135 �
Shez�aa Yasurance Ageacp 211-334
50, St. Pau2, Hinne 6-23-73 mc3c�
Authorized Rsore_enta!ive
Code tio,
Pol. PE[:M! vvm ro
Occupatiar�_ _ Grand Ad�ditiona '� R
GaaS� at— _ Tatai � g � S —#
Loss Payee Remfum � j�() J__
—Name �arttEd o� Urtearried
aca�ess- sPro rata 1
F�;ta �
i P/q uNass $'fl peecetles t@ecw
A►IEkDMENT OF AVlQMQBiLEiS), RATE CLASS{ES}, �141�7(S), COVERAGE(3), PR�BdiU�(5): Item 3 and%o� �! ot thz pof icy Eecfara[7ors
is/are changetl as indicated by the fo;iewing secticns R, 5& T of ihis endwsemer�t. All other items remain as previous[y prpvideu.
A.M.P. I �CfAP.
tYir� � C
T--� RUTOpPl36lLE ELi893WATflD: To discorrtmue insur2rwe with respect ta ti� follm�vi�g auFartrobite:
ear 7��e Nams arW Botl T
pqpdg� y ype AOatar, Serial or tdanufieacion NumCer Ratwn Prenigm
� _ a �
Sii oiher tetms, )imiis 2nd {vovisions of this policy remain nnchanged. O/_ �
•if the policy towhich this endorsert�m aDplies pravides Bodirylnjwy Lia6iliiy a� Prope�ty Qamage �� ��
liahility on an "ocewrence" basis,tFZ word °a^currenee" shall Ce s�stikuted fw fFre Fwrd 'accident"
in this arMra�ment with res�ct to such coyerages. §p��p
Fam 1515-#W Fhls a�sdasemeat fa Impatant - Pkase Pdt• H wiih yo�r �sste�sop4la taauansa PoateY
IP3SURED'S C�'Y
;
�
5---� AUF!!&iQSfLE RATE CLA55 CNA4l�E: 7he rate ciass ha5 baen cftanged with r�sp�ct 4c the folfewir� autafx�iye:
� �e� Tratle Name aM Botly Tvce � Nzw qate C�ass , o,!!,'�?`a wrn
- 10-135
INV4=CE
�� �1.€ INS�lRAMCE A�EN�Y �
4 . /�orance and Rea! Estate Date p.yaar 11�� 19?3
.�
To ?aymend Ila�ter dba
320IXCHANGE BUILDIN6 Eayco Excavatit� �
+ 7elep6one45f-1075 77Q $I'QO�SZli36 AVL'p1�8�
SOl1TM ST. PAU�, MINNESOTA 55975 St.=aul,�tir.r,. 5��;9
�uXPR9TtOLS POLiCY \J3i3ER CO�ANY P�OP.^nR'!T COVERED �� �� AP.i0IIt3T ft[+T'c PRE.4RIIRS DIIE
INSUP.eLVCE �
� '
5-31;—,2� C 66115E ' est. �as. � Idorkmens Compenszti p
&Sur.Co. es . prem. �1lt1,�4
� � cav�tiot.
+ �
( - 1
Remarks Order Given by �
Mortgagez
Order Given to
040I1—R. N. CO. 2TP. IN U. 5. A.
•
C�
�'�� l�r��`d �e�tdd�c a�ul �l�vut� �'.i�bc�y �'o!"� ra-iss
Renewal of No. �� F m� ESa t' Z �� WG 6 6115 8
r
• � �' �<�
THE WESTERN CASUALTYAND SURETY COMPANY
FOftT SCOTT, KANSAS
A STOCK INSUF¢ANCE COMPANV
DECLARATIONS
Item 1. Name of Insured and Addras: (No., Stmet, Town or City, Counri, State, Zip Code)
, Raymoad Matter, DBA: Rayco Eacavating (None Bss3gaed)
770 Brookline Avenae
Se, Panl, Minaesota SSll9
Poliry Term: OIIe 5 5
Year(s) �� Inception E�i�ation
Insured is � Individual ❑ Partnership ❑ Corporation ❑
(Other)
Locations—All usual workplaces of the insured aY or from which operations covered by this poliry are mnducted are located at the above
address unless otherwise stated herein: cexrex ee�or>
Item 2. Po�iey PMiod: From �Y � �3 1 197�} �Z'�� A'M, standard time aT the address
�3 �.�f 1973 t0 y � ot ihe insured as siated herem.
Item 3. Coverage A of this policy applies to the workmen's compensatio� Iaw and any occupational disease law of each of the fotlowi� states:
Item 4. Classification o4
nes in t6is item, exrn➢� as �Veeifieallr prorided eisenhere in this peliry,
do not modiy an� ef f6e ethe� D�ovisions of tFis poliry•
eri<al Office Employees N.O.C.
'Salesmen, Collettors or Messengers--0utside
*(If not specifitally included in classifications)
ERCavat30II N.OmC.
Loss Constant
Expense Constant �
' Policy subiect to: ❑ 3 Yc - Fixed Rates [] 3 Yr. - Rates Adjusted AnnuaOy
Premium Basis � Rates
Code I Estimated Totai I Pe� $700 of � Estimatea
No. Annual Remune�ation Remuneration Annuai Premiums
8510
8742
2000. �5.03 � 143. �F
0020
Minimum Premium $ 1(}1 Total Estimafed Annual Premivm 4 �I},]�
•
14 indicated herein, interim adjustments of premium shaN be made: p Semi-Annually � Quarteriy 0 Monthly Ann. Dep. Prem. 5 jlf].�
'Deposit premium is payable: $ in advance, $ lst anniversary, $ 2nd anrria�,ary
Numbers of endorsements forming a part of this polity on its effecYive date:
• 5. Limit of Liability for Coveroge B—Empbyers' Liability: $ SOO�OOO�, subject to all the terms of ihis policy havim re=`e�r.c� i[ae�;a.
Sherman Zas. Ageaey 211-334 p � �
So. St. Paul, Minn, 5-31-73 ack y��.
Countersigned at: �
A . L . _� A ___�_ ��
SiATEMENT
OPYOUR
ACCOUNi WiiH
X
, CffECKS AND OTNER DE&1'f5
� . _ L __L— _"" i
1330Q�II � I
800 D
40 2
35210
25 5
7 5
44 i
b oa
11
}
47
�
NORTH�F55ERN N�7I0^!AL 8°�NK Q?30Q 10-135
�F SOUTN ST QAUL
SOUTH ST PAi1� Mi�lUG50TA 55475
H;, •
.��o� .�.,a�, a o PEa,00�o��,EO ��M P.�E
03�3� �89q c oE 4301p{3 05/31 /73 17 i
RA�(CQ ExCA�Tt!;�'V('i Pieaseusere�ersesidefor
any change o f name or addre:
77Q gf;Qp}(�j!�J� andfor
ST PL»L +"��Id'�1 5SI�4 " bolan<ingyouraccount
.��, Report ony differen<es
� � ' wifhin 30 days
A R Y nie AYERAGE DAILY BALANCE
pPw,'�cE anrMev.s �.nve....�ce e�o�r cweo�* ISTNESUA10FTkE1N�NI�UAL
a ����ou.r .mour+r OAILYLOkW BALANCES �IY1DE�
} — BY TttE NOMBEft QF OAYS THE
OF X PERIODICRATEOF = FINANCE S ' CORRESPONDINGA�'�iUAL TME01LLI7iGCYCLE0RINE�
%A DAY CHRRGE I PERGEN7AGE RA7E fS % pAPMENT,WHCHEYERI{pMBER
OF OAYS IS LARGER THE
AVERAGE OdILY BALANCE IS
6iULTIPLIm BY THIS NUMBER
OF DAYS AND BY THE P"c(f(OOtC
ftATE TO DETERMINE TNE AMOUNi
oFiHE FiNANCE CHRRGE.
�Rf�
ifEi!
DEPOSITS
�
50
2250
IDQ
199
BAIANCE
' . r — _ __-L._ _.
133pD 0��
970D 0
2�OD 4
2859 8
3497 8
560 3
534 7
2525 7
IXPLA.NATION OF SYMBOlS
CH - NSF CHARGE
IC - iNSTpNT CASH
l.0 - L�STED CHECKS
NE -MISC ENTRY
OC -OVERDR4FTCHARGE
O�-OVERDR4WN
RA -RESER/EA�JUSTMENT
OR CREDiT
pE - REV ERS ING ENTRY
RL -RESERVE IOAN
RP -RESERVEPAYMENT
SC -SERVIGECHA{2GE
TF ->REAUTHORIZED
- TRANSfER OF FUN�S
TX -SALESTA%
.
l\ �1 }1' c a ,�,1' �' f1 �!R 7 �i/G
770 �i2oa ��i.U�c %UE -
��' �/�. �a �� /h i �.v �
_�� � ,
NUMHER
�
� 75-sss
� � 19�� seo
� /�Y� �
e
'�
,�'dd00600000�+'
- _ �._.�,,y_`�"` .�:.,�:
RAYC=Q:'E�CCAVAT,,INC� K " �° :
- 7706ROOKLINE 735-2266_'��.' "�"�.
� ° ' . � ST. PP.L1L. MINNE90TA "SSTt�" .�+�g � � �
� � il�. � � ... ' � �n
P TO TFIE �j�� �"�� � p � � -. .
ORDER OF��' Y � � /��-� @� A
� �. . � ! �n. . � !1 �.r.s, � rtFt � �,
/ " .. ��
� �� 41AY °„'�aa,��'�
(y NORTHWESFERN NATIONAL ?
W- SOUTHSAINTPAUI,MINNE50T f '�,..,m ��
�G'v 4.J ��c�w..c.cr ��}�.�j� .�i. �-,f1' �� ..
lJ J3 J 7J�/,S
�:09,60�+�Q 39 03���'39���
RAYC❑ EXCAVATWG
77� BROOKLINE 735-2266
9T. PAtIL� MINNESOTA 55119
__ i� ` ... ! n __" .
ti -�v��/
�.�....�...,_.
NURTHWESTERN NATIO�AL � � � ;l,
SOUTHSA(NTPAUL,MIN ES@F1F°��'�-°^^`
a+:D960•+�0939+: t}3
RTHWESTERN NATIONAL B P� ��Y
SOUTHSAINTPAUL,MINNESOTA �" .
� S�J��Fii
a�:0960���0 3�. ���
" 108
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`��_l�_i9 ;.,360 ;
rn•
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COVERAGES
THE POLICIES OF IN5URANCE 11S7ED BE10W FIAVE BEQJ ISSUEU TO THE INSURED NAMEO A60VE F6R THEPOLICY PERIOD M�ICATED. NOTWfTHSTANDWG
ANY RFQIJRiEM17ENT, 'fF.RM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH lHIS CEAI7FlCATE MAY BE ISSl1ED OR
MAY PFRTAIN, THE INSURANCE AiFOROEU BY THE PpLIC1ES DESCRIBED HEREIN IS SU&IECT 70 AL! THE 7ERMS, IXClUS10N5 AND CONDfT10NS OF SLCH
POLIqES. AGGREfATE LIMITS SHOWN MAY HAVE BEEN RE�UCE� BY PAID CLqIM3. .
Lm POI.ICYNUNBFA PWCYEFFECENE PoLCYE%PIRATION LlMfts
�cu�,�UTY - FACHOCCllRRHJQE s 1,000,OOD
A X coM�rzcut�EUFnn�.une�ur CCX0409877 OS/14/2009 05/14/2010 °A � TO
en pREMI6E5 oca.a� s 100,QOQ
CLAIMSMl�E �OCCUR MmEXP(Anyone ) i $�000
PEft50NqL8ADVIN�IURY y �.�OOO��OO
Ge+[-�ai.AOOaEea� S 2,000,000
OEN'LAGGREGA7ELIMRAPpLIESPER: pRODLICTS-COMP/OPAGG 5 2,000,000
Po4CY PR6 LOC
� � CAMBINED SINCiELIM1T
A ANYAU7o CBA0409877 OS/14/20D9 �S/14/2010 (�a°'�� S 1,0�0,000
ALL ��� A ��' BODILY INJURY
X SCHFDULEOAIfr05 lParPersmq S
'Y HIftE6AU7O5 - -
80�ILY INJURY
X NON-otNNEDAUTOS (PerxNmN) - a
Owoed ezivate eass. Autos -
PR�PEAiI'�AMFGE s
Ox¢W Rums o/T Pziv eaas. . . lPe�a�ddart)
���E��UTY AUTOONLY-EAACCIOEf�If S
"ANYAVfO EpACG $
' OT}1ERTF4Vd
' AUTOONLY. qGG §
FxcES&uNBaetau4eiurc EncHOCGURr�ncE E 1�000,000
A X acctm �cwMSaanoe CcQ0646512 Q7/17/20Q9 05/14/201Q qGGREGATE s 1,000,000
a
omucne� E
PEfENTION $ ) S
WORI�RSCAMPENSATlONILLVO . X Y/CSfATU- OT}I•
A� CW(,'QQ09$7] �$�ld_�z��) 05/14/2010 ELEACHACGIpEryT S $Q�i�O�
uJYpnDPRtEraLVPRiNERfFXEC1mvE y � -
OFyFwfC,HtRAEMBERFXCW0�7 ELUI6Eh5E-EAEMPLOYEE S $OO�OOO
6PE� �OVISONSeebw ELOISEnsE-poucyuf.str § SOO,OOO
OTFIER
.OESC W PTqN OF OPEflAilONS! LUCA7ION8! VEHICLES ! IXC W SIONS AODED BV ENOORSQdERf I9PEGULL PRO4ISIONS
City of Saint Paul attn: Paul Dub=uiel
1?00 City Hall AnRex
25 West Follrth Street
St. Paul, MN 55102
651-228-3220
SNOUID ANY OF TXE A90YE OESCpIBFD POL1dE5 BE CANCELLED BEFORE TNE p�1AAilON
QAiE TNEREOi. TXE ¢$IING INSURER WIU. ENOEAVOR TO 7WL 3� W1Y8 WWREN
xmrce m txe cexnncnre xatom w�mm �ro �xe �r, eur Racu� ro 0o so swu�
P1PoSE NO OBLIGAIiON OR tlABIIIfY GF ANY I�JD !]PoN THE INSIIflER� RS AGEN'f5 OR
ACORD 25 (2001/U8)
11/19/2009 12:31 FA% 6514553923 SHERMAN INSURANCE �08�35 -
10-135
�
�
CY'I'�.' ��' S�T PAUL
AFFIDAVIT OF PETI7'IONER FOR A CONDITIONAL
�TSE PERiviIT OR A NONCONFORIvIING USE
PERMIT
STATE OF MINNESOTA)
:SS
COUNTY OF RAMSEI�
0
The peritioner, .��ond Vincent Matter ,.being first duly sworn, deposes and states
that the consent petitioner is informed 2nd believes the parties described on the consent petition
are owners of Yhe pazcels of real estate described immediately before each name; each of the
paities described on the consent petition is an owner of.property within 100 feet of the subject
property described in the petition; the consent petition contains signatures of owners of at least
rivo-thirds (2/3) of a11 eligible properties within 100 feet of the subject propertq described in the
petition; and the consent petition was signed by each said owtter and the signatures aze the tnte
and correct signatures of each and all of the parties so described.
e
0
�� ���
, N — ���p J� ,
770.Brookline Ave.
� St. Paul, _r1PI 55119
ADDRESS
651-735-2266 612-619-0.415
'IBLEPHONE NUMBER
a
Subscribed and swom to before me this
�day.of�DaRJV��� ,200�.
o��rt�f'.!".,��,�� ". � �;:,� g-�,�
�M1.CTA-i7'ti�' �.",.fitiM1'_SO�A.
5ip�cr,�is:irn�-�esJan 37_2018
�
� ' �
�
�ni�i�
i
9/08 .
_ 10-I35 _
= `� . - .
. , . . - ` . � _ .".
� .. � - •
. ZON7NG l'E'I`ITIONSU.�'PTCIENCY CFIECK SHEET
REZON�YG . . SC�t' . . . NCUP
. , �"
FIRST SUBMITTED . RESUBMITT'ED
�f�%�- = -
DATE PETITION SUB1YfITTED: � BATE PETITIOD[ RESUBYIITI'ED:
DATE OFFICIALLY RECEIVEII; /�`�� ' DATE OfiFICIALLY RECEIVED:
PARCELS ELIGIBLEc ' ` � . , PARCELS ELIGIBLE: •
� PARCELS REQUIRED:' 1� PARCELS REQtiIRED: '
� PAiZCELS SIGNED: ' � �/ PARCELS SIGNED: . - ` _ ' ,
` . CHECKED BY: �W �+"' \�' Ll f \i�, \ P l� DATE: . . I � � � . ` f � + .
. : " -. . . �,. ' .
_ � , ' - �
' . ; - . . . .
�
•
CITY OF SAINT PAUL
CONSEN`T OF ADJOINING PROPERTY OWNERS FOR A
i�ONCONFORiYIING USE PERNIIT
�
10-135
We, the undersigned, owners of the properly within 100 feet of the subject property acknowledge
that we have been presented with the following:
A copy of the application of �3'�ond V. rtatter
(name of applicant)
,� excavating company and garage addition.
to estabTish a
(proposed use) -
loCatedat �7 0 Bra Ave.,. St. Paul, Minne 55
(address of property)
requiring a nonconforming use pernut, along with any relevant site p�ans, diagrams, or other
documentation.
We consenf to the approval of this application as it was explained to us by the applicauf or
his/her. representative.
ADDRESS OR PIN
RECORD OWN�R
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NOTE: All informarion on the upper portion of this application must be completed prior to obtaining
signatutes on this petition.. .
9/08
t�PIX1-� 13:03 From:RC F�qRICS 8 I�C
\ `
6517482568 To:%517352266 - P1�'�35
CITY OF SAINT PAUL
CONSENT OF ADIOINING PROPERTY OWNERS FOR A
NONCONFORMING USE PERNIIT
We, the undetsigned, owners of the pmperty within 100 feet of the snbject property aclmowledge
that we have been presented wi'th the followiag
A copy of the application of �i4.YtM.'�!D ��� -
(name of applicant)
to establish a x �UA�i !J�[G� �n1-� �N6Y — —
- (proposed tase)
located
ofproperty)
reyuiring a nonconforming use permit, alon� with any relevant site plans, diagrams, or otber
documentation.
We consent Lo f6e approval nf Ehic application as it was esplamed to use 6y the
appticant or hisTher representativa The County neither agrees aor objects to the
proposed non-confoiming use and the signaiure herein pmvided is for the sote purpose of
facilitating public review. Ramsey County reserves the right to withdiaw ttus signature
upon receipt of additional in�'ormation. .___
ADDRESS ORPIN RECORD�OWNER 4 SIGNA'Iq7RE
I�-ZlJ-ZL-
ly� �
�
•
�
NOTL: Afl i�ormarion on Ure upper ponion of this applica8om m�st be completed prior to obtaining eli�ble
eienaturea on this netition.
10-]35
Zonin� Review — Communitv Responses
• Propertv; 770 Brookline St.
Meeting Date: December 8, 2009
Meering I,ocation: Conway Rec Center
Issue: Establishment of a Non-Conforming
Use Permit
.4pplicantPie"sent?+: �'ES
Communitv Response at Meetin�**:
Pros
1)never been a problem in 2 yrs, large property
can't be seen unless leaves off, no late operation
2)use his eqnipment, helps neighbors, can't hazdly
see equipment, he owns the road, city hucks can't
and won't plow it, it is private road complaint is
baloney.
3)(nonresident-relative) got complaint & told to
cleaz out in 2 weeks; when applied for variance
wasn't told of nonconforming use, gazage was
designed for business but isn't used that way; gate
with 2
there
Tatal # in Attendance: 13
(A 3ist can 6e piovided apo� request) - -
# of resi<lents ,and Irusiriess/ proper[y owners in
atfeadance located in Districf 1*:, � 11
Cons
1) support this resident/business owner, but the
land use has changed since both of us moved in,
what was acceptable before is no longer
acceptable. The Staff report missed under point 7
that this is part of Highwood Plan and Miss. Riv.
Recreation Area (critical area standards apply) —
when the family no longer uses business, it should
not be continued.
CommunitV Response Outside of MeetinS**:
Pros Cons
1)they aze mining the hillside for fill, the private
sign should be removed, the road is public ;public
needs access to the park from Springside
2) we need to enforce the vision of the
neighborhood in Highwood Plan; enforce
ordinances
3)he is in violation of the conditions of his
variance; zoned residential, not in compliance
with intent of Highwood Plan, River Corridor
Standazds or city Comp Plan
* Prior to the meeting all properties within 350 ft. of the properTy in question were informed oFthe issue. Notification was also made
on our neighborhood Iistserv and our website/blog. �
+ The applicant was notified of the community meeting immediately after District 1 received a copy oTthe applicatian Prom the City.
** Atl listed responses were given by individuats living, working or owning properTy in the boundaries of District 1 CommuniTy
Council.
Respectfully submitted by: Betsy Leach
Community Organizer
District 1 Community Council
Land UselZoning Committee
� � �i//�v -�7�J Pag�Or�$$
Sarah Zorn - Re Nonconforming Use Permit for 770 Brookline Avenue
From: ""
To: , "Kathy Lantry"
Date: 12{2/2009 12:44 PM
Subject: Re Nonconforming Use Permit for 770 Brookline Avenue
CC: "districticoimcil"
As e resident of Highwood, I would like to comment on the application for a nonconforming use permit for 770
Brookline. The owner wishes to operale an excavation business based out of his home, which is not permitted by
ordinance in the Highwood neighborhood and Mississippi River Corridor.
Highwood has many residents who operate smalt businesses out of their homes, some unobtrusively, others in
a way that heavily impact the neighborhood.
With considerable effort and deliberation, fhe city and the neighborhood have established a"Highwood P(an" to
address issues regarding what wiii and will not be permitted in order to keep 1he area environmentally healthy.
Families who live here want a nurturing environment in which to raise chiidren, care for the elderly among us and
enjoy a sense of peace and refuge from the sounds, smells and dust of industry. That is the primary reason for
zoning ordinances i� a worid in which pollution of all kinds surrounds us to a greater or lesser degree depending
on location.
There exists in St. Paul a fiendly regard for entrepreneurs. We want peopie to be able to make a living. We
often bend over backwards to roterate things we find objectionable.
On the street on which i live, residents
— run car repair businesses out of their gareges and on their driveways;
— have established what seems to be a salvage area for wrecked cars, tires a�d miscellaneous junk that fills
several contiguous lots which the city has repeatedly inspected (and deaitwith by requiring the owners to build
makeshift fences that partia(ly disguise the messj;
— use their driveways and yards to park major construction equipment owned by employers;
— sfore used tires visible from the street
It is difficult and expensive to enforce ordinances. But the well-being of a neighborhood ultimately depends on
having some standards. We need to guard against neighborhood degradation, even—perhaps especially—in
difficulf economic times.
Thanks you for this opinion-gathering forum.
Jean Wulterkens
413 Totem Road
St. Paul, MN 55119
•
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file://C:�Documents and Settings�zorn�I.ocal Settings\Temp�grpwise\4B16613Finaildpo... 12/2/2009
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I would like to address the application for a nonconforming use permit for an excavating
business, at 770 Brookline Street, NE, St. Paul, MN.
1. In April of 2003 the Boazd of Zoning Appeals approved a variance for a 1, 5000
squaze foot accessory gazage (#03-271666). A condition of the variance was that
the gazage was "not to be used for the storage of commercial vehicles or
equipment or for any other business purposes." In the Zoning Committee Staff
Report findings, it is stated:
2. The applicant has been operating an excavating business since 1973 and has been
using the property as the base for this operation. Business vehicles and equipment
aze stored on site. Cleazly the owner of this property and business is in violation
of the conditions for the variance request. Please see attached pictures, which
were taken back in 2003, which show the equipment and vehicles that were stored
on this properiy. It is my understanding that according to the 2002 Boazd of
Zoning Appeals Resolution, Mr. Matter stated that he had sold the excavation
business to his son, and that a11 commercial vehicles and related equipment would
be removed from the property; instead the business has actually expanded
according recent LIEP photos.
3. This property is currently zoned as residential, Rl. In its current use the owner is
in violation of city code.
� 4. With this property being in such close approximation to the Mississippi River,
running an excavation business from this property does not keep within the intent
of the Highwood Plan, the city of St. Paul Comprehensive plan, nor the River
Conoder Plan.
5. Given theses findings and violations, I would ask that District 1 Land Use
committee, support the above mentioned plans, and recommend to the Zoning
Committee of the Planning Commission that the application for a nonconforming
use permit be denied.
Sincerely,
Jodi Inlow
2111 Skyway Drive
3t. Paul, MN 55119
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CITY OF SAINT PAUL
BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMBER: #03-271666
DATE: Apri114, 2003
WHEREAS, Raymond V. Matter lias applied for a variance from the strict application of the
provisions of Section 62.106 of the Saint Pau! Legislative Code pertaining to the masimwn
allowable of size of an accessory building in the R-1 zoning district at 770 Brookline Street; and
WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public heazing on April Y4,
2003 pursuant to said application in accordance with the requirements of Section 64.203 of the
Legislative Code; and
WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the
public hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question cannot be put to a reasonable use under the strict provisions of the
code.
�
This is a very lazge parcel of land that has remained undeveloped, except for the applicanYs •
house, due to the bluff that runs through the middle of the property. The applicant states that
since he has retired from the excavating business he would like to have room to store his
motor home and classic cars. The existing gazage is almost 100 years old and needs to be
replaced. This is a lazge parcel and can accommodate the proposed garage without
overcrowding the site. This 3.5 acre site is more like a rural pazcel than an urban lot and the
proposed 30 by 50-foot accessory building is a reasonable use for the site.
2. The plight of the land owner is due to circumstances unique to this property, and these
circumstances were not created by the land owner.
The ordinances regulating accessory structures were designed to address the typical urban lot
and are really not germane to this atypical pazcel.
3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent
with the health, safety, comfort, morals and welfine of the inhabitants of the City of St, Paul.
The applicant states that he is currently paying to store his motor home elsewhere and would
]ike to be able to keep it on his own land. He also has cazs that are currently parked and
stored outside on his property. The proposed gazage will allow him to clean up his yard and
store all of his vehicles inside. The requested variance is in keeping with the spirit and intent
of the code and will not adversely affect sunounding property owners.
File #03-271666 -
Page I pf 3 •
10-135
• Resolution
4. The proposed variance will not impair an adequate supply of light and air to adjacent
property, 'nor will it alter the essential character of the surrounding area or
unreasonably diminish established property values within the surrounding area.
The proposed garage will be a long way away from the nearest neighbor and will not
affect the supply of light or air to adjacent properties.
The applicant has submitted statements from both neighboring property owners stating
that they have no objections to the proposed garage. This is a very remote site and the
proposed garage will not be visible from the street or from any adjacent propeRies except
the two that have stated they have no objections.
S. The variance, ifgranted, would not permit any use that is notpermitted under the
provisions of the code for the property in the district wher'e the affected Zand is located,
nor would it alter or change the zoning district class:fication of the property.
When staff visited this site, there were several commercial vehicles and other equipment
parked and stored on the properiy. The applicant stated that he has sold his
excavating business to his son and that all of the commercial vehicles and equipment will
� be removed from the property. Provided that the proposed garage is not used for storing
commercial vehicles or equipment or for any business purposes, the requested variance
will not change or alter the zoning classification of the properiy.
6. The request for variance is not based primarily on a desire to increase the value or
income potential of the parcel of land.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the
provisions of Section 62.106 are hereby waived to allow a maximum size of 1,500 square feet of
accessory building, subject to the condition that the garage is not to be used for the storage of
commercial vehicles or equipment or for any other business purposes; on properry located at
770 Brookline Street and legally described as Burlington Heights, Division No. 1, Ramsey
County, Minnesota Vac Sts & Alleys Accruing & Fol; Lots 17 Thru 22 Blk 4 Also Former Lots
16 Thru 19 & 22 Thru 27 Blk 5 Of Burl. Hts Div No 1 As Vac. Now Being Part Of Nw 1/4 Of
Ne 1/4 Of Sec 14 T 28 R 22 Also In; in accordance with the application for variance and the site
plan on file with the Zoning Administrator.
• Page 2 of 3
�� �r� �3�d-��
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MIlVUTES OF THE MEETSNG OF TE� $OARD OF ZONIIQG APPEALS
CTI'Y COUNCII. CFIAI4IBERS, 330 CITY AAT.T
ST. PATJL, MIlVNESOTA, APRII.14, 2403
PRESENT: Mmes. Maddox, Marton, and Swindemazi; Messrs. Co�ey, Duckstad, Faricy, and
Wilson of tlze Boazd ofZonmg Appeals; Mr. Hardwick and Ms. Crippen of the Office of
License, Fnspecfions, and Environmental Protection. '
ABSENT: Crregory KTemdI,* Peter Warna
'�E7ccased
The meeting was chairecl by 7oyce Maddox, Chau�.
Ra�ond V. Matter (#03-2716661 77Q Brookline Street• A varianoe of the
maxim� allowable size for a detached garage_ A size of I,Q00 sq. R is allowed and a size of I,500 sq.
ft. is proposed, for a vaziance of SQO sq, ft.
Mr. Tiazdwick showed sIides of the site and reviewed the staffreport with a recoffinendation for
approval, subject to the wndition that the garage is not to be used for the storage of commercial vehicles
or equigmenf or for any other busmess pzsposes.
Two letters were received supporting the variance requesY.
Oae Ietter was received from Distcict 1 support�g the variance request
The applican# RAYMOND V. MAT'IBR, 770 Brookline S�eet, was present Mr. Matter stated #Lat it is
necessary for him to keep sQU�e kind of eqnipment on the site in arder to plow the 6f}Q foot driveway and
the street ia front.
There was no oppositian present at the hearing.
Hearmg no fiuther tesEimony, Ms. Maddox closed the pnblic porEian of the meeting.
Ms. Morton moved to approve the variattce and reso2ution based on findings 1 through 6, subjecF to tfie
condition that the garage is not to be used for the storage of co�ercial vehicles or equipment or €or �y
other busmess purposes.
Mr. Courtney seconded the motioa, wluch passed on a roII call vote of 7-0.
Approved by:
� Th !U`iG�e:��
7on Ducicstad, Secretary
AA-ADA-EEO Employer
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APPl1CANT�'�`� ' `
Pi1RPOSE ^ °" ��
F E # � ��" � DATE �� � O
�G. DIST f MAP # ��
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LEGEND
� zoning district boundary
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0 one family .
� two family
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V vacarrt
10-135
CITIZEN PARTICIPATI-0 DIS RICTS�
•
•
CITIZEN PARTICIPAT.ION FLANNIN& QISTRICTS
� � �1. NRAY=BkT7LECR�EK-HI6HW00D ��
�.6REATER EAST 5.IOE . � .
3.WEST SIDE
• _4. DAYTON' S BLtiFF .
5:PAYNE-PHkLEN �-• � .
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