180428 Qrit n61 to City Clerk .8k►428
CITY OF ST. PAUL CO NCI` NO.
OFFICE OF THE CITY CLERK
C CIL SOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE 1'I-7 DATF
RESOLVED, that upon appeal of Raymond A. Beining and
Marie C. Beining from the decision of the Commissioner of
Parks, Playgrounds and Public Buildings, and upon the favorable
recommendation of the Board of Zoning, permission is hereby granted,
pursuant to Sec. 2, paragraph B of Ordinance No. 5840, to construct
a single family house on Lot 6, Block 1, Maglert s Subdivision,
at the southeast corner of E. Minnehaha Avenue and Clarence
Street.
ZONflO_*mAL
yy ��r�that a Du c Council File No. 180426—By Bernard
will be held before the City ReaQ tipontll4of:'xiay-
Co at 10 A.M. on November 15. mond A.
1 in the City Council Chambeb iri t�{ �y
thel'City HaU and Cautt House. in the T KB. litygrouni ds and Public
Wof the a 1 of Marie C. and Bundint,,and upon the dslvor*ble re=
on?"A. under Sec. 2,t of commendation of the Hoard of Zoning
No. 8840 (the 'oning Ordinance), permiasiux►,is b� gre
for permit to construct a house' on to Sec. i para�B lase
property described as Lot 6, ota 1. 5640.tg eo ruct b Ilvt
ler a Subdivision. at the �utheast on I.ot 0.�#1,"1►'!
c er of E. Minnehaha Ave. and at the earner of B. 118nae
Cl ce St., on a lot which is de-
ficient in area. Adoisted by the C:ounoil.NoVembrlr 214
Hated November 1, 1986. 39A6 pr+oecl November 2(),1968.
JOSEPH 11.O> > 1 (November 24, 1966)
City 01.1111.
(November 3, 1966) 1
NOV 2 01956
COUNCILMEN Adopted by the Council 195_
Yeas Nays NOV 2 0 1956
eCou y
olland Approved 195-
rzitelli
son in Favor . _
.Peterson Mayor
son gainst
r. President, Dillon
6M 6-56 -
• OFFICE OF CITY CLERK JOSEPH R. OKONESKI
City Clerk
BUREAU OF RECORDS
HAROLD J. RIORDAN
Council Recorder
386 City Hall and Court House
St. Paul 2, Minnesota a 11 128
Nov. 15, 1956
Mr. Marshall F. Hurley
Corporation Counsel
Building
Dear Sir:
The Council requested that you prepare a resolution granting the attached
appeal of Raymond A. and brie C. Beining for pe*it to construct a house
on Lot 6, Block 1, Ma,gler's Subdivision, at the southeast corner of
E. Minnehaha Ave. and Clarence St. on a lot of iusuf'ficient area.
Ve truly yo s . r)
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"'"'^•�:'�XA�i�ipAY:fil-]ii.lp ISIS CITY MALI ANC COURT M6Yft SAINT PAUL f,MINMpOtA
November 13, 1956
Mr. Joseph Okoneski
City Clerk
- Building
Dear Sir:
This is in the matter of the appeal of R. A Beining to construct a home on a
lot which is of insufficient area, located on lot 6 - block 1, Magler's Sub-
division. This property is located adjacent to the southeast corner of Clarence
and Minnehaha. The zoning is "A" residence.
The property under consideration is vacant and unimproved. The sub-division in
which it was located was platted in 1926. This sub-division contains lots of
39' frontage which is one foot short of the required minimum 40' of the Zoning
Ordinance and 4800 sq. ft. of area which is deficient by 200 sq. ft. of the
5000 sq. ft. required for single-family occupancy in "A" residence districts.
Search of the records fails to disclose the reasons why this plat was permitted
to be recorded in view of the fact that it is obviously in violation of the area
and frontage standards set forth by the Zoning Ordinance which have been in
effect since 1922. These facts are a matter of history. The circumstance with
which we are now confronted is that the owner of this single lot is unable to
improve this property unless the Council grants an appeal to relax the frontage
and area requirements to the extent necessary to permit construction.
In reviewing this matter, the Zoning Board finds that the extent of deficiency
of frontage and area of this particular lot is not, in effect, substantial and
as a practical matter would in no way interfere with the rights and interests
of adjacent property owners. There remains the policy question of the advis-
ability of, in effect, giving sanction to a plat which is in violation of the
Zoning Ordinance.
In this connection, it should be noted that this is a corner lot in single
ownership and in no way could be enlarged in area or in frontage. Therefore,
the alternative to granting this appeal would be merely to allow the lot to lie
idle. In fiew of the fact that this sub-division was, in effect, sanctioned
by the City in 1926 and in the intervening years has changed hands and the
present owner had nothing to do with this transaction, the Zoning Board feels
that the spirit and purpose of the Ordinance would be properly served if the
applicant's appeal were permitted to improve this property with the construction
of a single-family home.
In consideration of these factors, the Zoning Board recommends that this appeal
be granted.
Suer y
CDL:FS C D. L ks
Enc. Planning Director
Executive Secretary
Board of Zoning
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Council of the City of Saint Paul
Court House
St. Paul 2, Minnesota
Gentlemen:
This is an appeal made by the undersigned, Raymond A. Beining
and Marie C . Beining, husband and wife, from the provisions of Ordinance
No. 58+0 insofar as that ordinance affects the following described real
property:
Lot Six (6), Block One (1), Magler's Subdivision,
according to the plat thereof on file and of
record in the office of the Register of Deeds in
and for the County of Ramsey and State of Minnesota.
This property is located at the Southeast corner of the intersection of
Minnehaha Avenue East and Clarence Street (an unimproved street) .
This property is presently owned by petitioners who purchased
the 'property from Edith Riley, and it is presently a vacant lot. The
petitioners intend to use this property for the construction of a one-
story, single family, private residence.
This appeal is being prosecuted for the purpose of obtaining
the requisite permission to build the aforesaid residence. The appeal
is necessitated by the fact that although the plat of Magler's Subdivi-
sion was adopted in 1926, the lot is only 39 feet in width and contains
only 4800.12 square feet. Thus, the lot fails to meet the requirements
of Ordinance No. 58+0 both as to frontage and square footage.
The section of the ordinance we are appealing under is Sec. 2,
paragraph B of Ordinance No. 58+0.
Very truly yours,
Raymond A. n ng
Marie C. Beinir
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