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99-319�� OR1GI�#AL Presented By ��7L � 4 �YR 93HSIl9fld council File # ��-3��. Ordinance # Green Sheet # �� l0 0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date �� 1 An ordinance amending Chapter 60 of the Saint Paul I.egislative Code pertaining to zoning for the Ciry of 2 Saint Paul and the zoning maps thereof: 4 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the L,egislative Code, KANSTUL, 5 ZIGMANT J. duly petitioned to rezone 976 HAZELWOOD STREET being legally described as EX N 65 6 FT lot 2 Oak Park (see file) from R-4 to RT-1 to allow for subdivision of properry, the peution having 7 been certified by the Planuiug Division on December 1, 1998 as having been consented to by at least 67% 8 of the owners of the area of the properiy to be rezoned, and further having been consented to by at least 9 two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one 10 year proceeding the date of the petition; and 11 12 WHEREAS, The Zoning Committee of the Plamiing Commission on 12/29/1998, held a public hearing for 13 the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, 14 submitted its recommendation to the Planning Commission that the petition be granted; and 15 16 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on 2/14 /1999 17 and recommended that the City Council approve the petition; and 18 19 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 20 published in the official newspaper of the Ciry on 3/24/99, and notices were duly mailed to each owner of 21 affected property and property situated wholly or partly within 350 feet of the property sought to be 22 rezoned;and 23 24 WHEREAS, a public hearing before the City Council having been conducted on 4/7 /1999, where all 25 interested parties were heard, the Council having considered all the facts and recommendations concerning 26 27 28 29 30 31 32 33 34 the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 85, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 976 HAZELWOOD STREET, being more particularly described as: 35 36 37 38 39 40 41 42 EX N 65 FT lot 2 Oak Park (see file) be and is hereby rezoned from R� toRT-1 Section 2. �q_�� This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. i.t iz� ��/'►� �[IRIISNFft �� ..., 43 Yeas mays .�bsent 44 Benanav Requested by Department of: 4J Blakey 46 Bostrom Plannin & Economic De�elo�ment ✓ 47 coi�an .. 48 Harr�s $y: � �... 49 Lancn, ✓ 50 Reiter �� 51 J Form Approved by City Attorney 53 Adopted by Council: Date Q��,_�� 54 �.��Tr�,L✓�✓�v�-�- �/ <- 5 � 56 Adoption Certif' d by Council Secretary $Y� Jra� BY � �� T ""� i Approved b 60 Approved by Mayor: Date i 7C/ �y 61 By: � � By�. PSDJHortheast Team Patricia Sames 6-6639 9pri1 7, 1999 3/26{99 � TOTAL # OF SIGNATURE PAGES 1 GREEN SHEET wr.xnmrt oaecro. .. - . ,. . . � ;°_� ancowti � ��,.� i� �C-� _a� � �,«.� ❑ wuwnusFxxeESOV� ❑ r.,,wr,.i.mmxc.c _ a Wroa�� / � ' ❑1 Ken Foxd (CL1P ALL LOCATIONS FOR SIGNATURE) Adopt an ordinanceto finalize council approval of a petition from Zigmant ICanstul to rezone property at 976 Hazelwood Street from R-4 to RT-1 (public hearing to be held April 7, 1499). �,-- iUAI IV IV AQ{1foVE (P) Of K2J2C[ (KJ PERSONAL SERVICE C�NiRNCiS MUST ANSWER iHE FOLLAW4NG QUE5720NSs 1. Yfas this persoNfirm eve/ wotked under a con4act fw this depertmeM? PLANNING CAMMISSION veS No CIB COMMIITEE 2. Has ihis perso�rtn e�.er been a ciry empbyee'! CIVILSERVICECOMMISSION vE5 NO ZOIIIII¢ Committee 3. Dces this persorVfi�m possess a sidll not �wrmalrypossessetl by airy curreM city employee? Staf£ vES No 4. Is U�is peisoMnn a targeted ventlo(t YES NO 6qilain al1 Y�%answers an separate sheet and attach to green aheet 208LEM ISSUE, OPPORlUN17V (Wiw, What, When, Where, Whri Approve petition to rezane property from R-4 to &T-1 to allow for subdivision of groperty. IF APPROVED �:�''�'.. fi x' p; 4 F �� $�°'x �'E,s ��. u 6 �'�R.':.:.cs� N'Pii�L � J ib7� fOTAI AI'AOUNT OF TRANSACTION L LNOING SOURCE WSTIitEVENIlE BU06EfED (GRCLE 011� ACTNITYNURIBER YES NO INANCIAL klFORMATION (E%PWN) q.q -� iy From: To: Date: Subject: Pat James CAO.Attorney. m ccorm ic 3/26/99 4:10pm Zigmant Kanstul Rezoning - File # 98-313 As you recall, the City Councif public hearing on this case had to be laid over for 2 weeks because notice was not published in the Legal Ledger. Usual practice with rezonings is that the City Council holds the public hearing, then the ordinance is prepared, it goes through 4 readings, and then it is published in the Legal Ledger and takes effect 30 days later. Because there is a woman trying to purchase 976 Hazelwood (from where the land to be rezoned is being taken and joined with 984 Hazelwood) who cannot finalize her mortgage until the rezoning is approved, we are trying to expedite this process somewhat. I would like to have the public hearing and first reading of the ordinance on April 7. This is not the usual practice with rezonings; however, since the public hearings for most ordinances are at the third reading, it doesn't seem that unusuai. Let me know if there are legal problems with doing it this way. Thanks. CC: soderhol, CCouncil.COUNClL.nancya �� —., � � � � � �. �.�� - � DEPARTMENT OF PLANMNG & ECONOMIC DEVELOPMENT Br:¢n Sweeney, Interim Director CI'TY OF SAIN'I' PAUL Norm Coleman, Mayor ?� West Fowth Street Saint Paul, �LiN Si102 �j� _ 3 l� 5'} Telephone: 612-266-6655 Facsimile: 612-228-3261 'c."�'.. . , . _.. ,�.. _�„ Mazch 1, 1999 Ms. Nancy Anderson City Council Reseazch OfFice Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I :� E � � �� Z would like to confirm that a public hearing hefore the City Council is scheduled for Wednesday Mazch 24, 1999 for the following zoning case; Applicant: ZIGML)NTJ.KANSTiJL File Number: #98-313 Purpose: Rezone property from R-4 to RT-1 to allow for subdivision of properry Address: 976 Hazelwood Street Legal Description of Property: 5ee file Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, February 12, 1999 Zoning Committee Recommendation: Approval, vote: 6-0, February 4, 1999 My understandinn is that this public hearing request will appear on the agenda for the March 24, 1998 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. Since ]y, '�-� / ^ J ��c. Z�_�, Patricia James City Planner cc: File #98-313 Paul Dubruiel Carol Martineau NOTICE pF PUSLIC HEARINp The Saint Paul City Conncil wiil con- duct a public hearing on Wednesday, March 24, and Wednesday, �April - 7, 1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Ha1]-Covrt Aouse to consider the application of Zigmvnt J. I[anstul to rezone property at 976_Hazelwood Street &om R-4 to RT-I to a37ow for snbdivision of the property. Dated: March 23, 1999 NANCYANDERSOPY� . Assistsnt Ciry Council Secsetary . , {Maz. 241 'ec '_ ST. PAUL LEGi1L LEDGER =_'"- q4- 3tg ZONlNG COMMITTEE STAFF REPORT • ____________________________ FILE # 98-313 1. APPLICANT: KANSTUL, ZIGMANT J. DATE OF HEARING: 12/29/98 2. CLASSIFICATION: Rezoning • • 3. LOCATION_ 976 HAZELWOOD STREET 4. PLANNING DISTRICT: 2 5. LEGAL DESCRIPTION: EX N 65 FT lot 2 Oak Park (see file) 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: 7. STAFF INVESTIGATION AND REPORT: DATE: 12/17/98 § 60.410; § 60.420; § 61.101; § 67.304 BY: Pauicia James 8. DATE RECENED: 1 U25/98 DEADLINE FOR ACTION: i/29/99 A. PURPOSE: Petition to rezone from R-4 to RT-1 to allow for subdivision of properry B. PARCEL SIZE: 31 feet (Hazelwood) x 150 feet =4650 sq. ft. C. EXISTING LAI3D USE: attached garage for residence at 984 Hazelwood D. SURROUNDING LAND L3SE: North: Residential (RT-1) East: Residential (R-4) South: Residential (R-4) West: Residential (RT-1) E. ZONING CODE CITATION: §60.410 governs uses in single family residential zones; §60.420 govems uses in the RT-1 district; §61.101 regulates lot size and setbacks for residential uses; § 67.304 sets standards for lot splits. F. HISTORY/DISCUSSION: In 1981 the property described as "That properry located on the East side of Hazelwood Street between the Chicago, St. Paul, Minneapolis and Omaha Railroad tracks and Case Avenue, being more particularly described as Except for street; Lot 1 and N 65' of Lot 2 and the vacated sueet accruing, Oak Park Addition" was rezoned from R-4 Single Fatnily to RT-1 Two Family residential. (Zoning File 8902). Zoning File 98-313 . page 2 G. DISTRICT COUNCII, RECOMMENDATION: The District 2 Council recommends approval of the rezoning of only the land to be combined with the northerly property and then only if the northerly house complies with all aspects of the zoning code, i.e. is a legal duplex registered with the City or a single family residence. H. FINDINGS: According to records from the Ramsey Counry Department of Taxation, the house at 976 Hazelwood (the southerly house) was constructed in 1910. In 1990 the house at 984 Hazelwood (the northerly house) was built. The attached gazage for the house at 984 was built across the lot line separating 976 and 984. At the time both houses belonged to the same owner, so no objection was raised. 2. Because of the rezoning of the property at 984 Hazelwood to RT-1 in 1980, the garage is in a different zotting district from the duplex to which it is attached, as well as being on a diffecent lot. 3. According to taYation records, both homes are single famIIy. However, applicant's representative states that the northerly house (984) is a duplex. $uilding records show that the buIlding permit was for a single faznily structure. A letter in the file notifies • the owner that if the house is to be built as a duplex or converted to a duplex after construction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the Ciry will be required to make sure it meets code requirements for a 2-family dwelling. 4. AppIicant is seIIing the southerly property at 97fi Hazelwood and needs to clean up the properiy division with a lot split, taking approximately 31 feet from the lot of 476 Aazelwood and attaching it to the lot of 984. Lot spiit regulations require, acnong other things, that no spiit zoning lots be created by adjusting common lot boundaries. Thus, this 31 feet of R-4 land must be rezoned to RT-1. 5. After the Iot split, both lots wiil more than meet the minitnum requirements for lots in their respective zoning districts. Based on a survey submitted with the lot spfit appiication, it appears that the detached garage at 976 Haze2woocl will be at least 3 feet from tlie new northerly property line, meeting the R-4 standards. The attached garage at 984 Hazelwood appears to be at least 6 feet from the same property line. Four feet is required for a single family house, while 9 feet is required for a duplex. ( Because the garage is attached to the main house, ii must meet the setback standards for the main structure.) 6. The lot split aad rezoning will correct a problem created nearly ten years ago. • `1�t - 3 �`� � � Zoning File 98-313 page 3 ?. The status of the house at 984 Hazelwood must be clarified. If the house is a duplex, a variance for the side yard setback at 984 Hazelwood must be approved by the Board of Zoning Appeals before the lot split can be approved. &. The applicant's representative has been notified that the status of 984 Hazelwood must be clarified before the rezoning can proceed. I. STAFF RECOMMENDATION: Based on fmdings 1- 8, staff recommends that the rezoning be laid over until the status of the house at 984 Hazelwood is clarified. If the house is a single family dwelling, staff recommends approval based on fmdings 1- 6. If the house is a duplex, staff recommends that the rezoning be delayed until the legality of the duplex is clarified, and a variance of the minimum side yazd setback is obtained. • DEPARTMENT OF PLANNIIQG & ECONOMIC DEVELOPMEN7' Pamela Whee7ock Drreclor CTI'Y OF SAINT PAUL Norm Co7eman, Mayor w� � , DATE: December 29, 1998 TO: Zoning Committee � FROM: Patricia James � 15 West Faurrh Street Saint Paul, MNSSIO2 `l° _'�� Telephane: 651-266-6626 Facsimile:651 •228-33A7 RE: ZONING FILE # 98-313 SUPPLEMEI3TAL INFORMATION On December 24, 1998, Peg Fuller from the Office of License, Inspections, and Environmental Protection inspected the house at 984 Hazelwood. Her determination is that it is a duplex and it is not in conformance with the building code. Her recommendation is that the rezoning and lot split only be approved with conditions that the duplex be brought into compliance with the building code. She noted that the applicant was informed in 1940 ihat additional requirements were needed to make the home a duplex. Ms. Fuller also notes that the garage permit issued in 1993 was issued in enor, since the garage extended over the lot line. This was an esor even though both lots were then under the same ownership. Laura Kirchen, the applicant for the rezoning, s[ates that her home is a split entry, and that the lower level is not a separate unit. Through her representative, she has stated that her goal is to eventualiy use the entire structure and no longer rent a portion of it. The Zotung Code uses the following defuntions: §60.204 D Dwetling, one family. A building designed exclusively for and occupied exclusively by one family in one dwelling unit. Dwelling, nvo family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other in two (2) separate dwelling uniu. Dwelling unit. A building, or portion thereof, designed for occupancy hy one family for residential purposes used or intended to be used for living, sleeping, and cooking or eating purposes. §60.206. F. Family. One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereofl together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a singie housekeeping unit. Every additional group of four (4) or fewer persons � Iiving in such housekeeping unit shail be considered a separate family for the purpose of this code. §67.304-306 describes the process for approving a lot split or adjustment of common boundary. Since the structure has been determined to be a duplex; approval of ttte lot split will create a nonconforming structure (9 ft. setback required; 6 ft. existing}. §67.306 (bJ requires ffie Board of Zoning Appeals to ho2d a public hearing on the variance request. In this instance, the Planning Commission may act as the Boazd of Zoning Appeals an3 consider the variance. Ms. Kirchen can bring the home into compliance in one of two ways: 1. She can work bring the unit in the Iower Ievel into comgliance with the building code; thus creating a legal duplex. The home has sufficient lot area, the vaziance of 3 feeC for the side yard could then be approve@ by the Planning Commission and City Councii as part of the rezoning and lot split. Bringiug the home into compliance with the zoning ' and building codes would make the home easier to sell in the future. 2. The home could be altered in such a way as to satisfy tUe building officials that it is a true single famity home. There would then be no need for a side yard variance, and the rezoning and iot spiit could go forward. � J - �lg -3iq awiML t40�(„ � AAA PEi'ITtOt1 TO AMEND THE ZONfNG CODE Aepartinent of Planning and Ecor.ornic Developnt¢rrt Zasing Section II06 Cifj• I3a11 Annex 25 T�'est Fourtlr Street Saint Pau1, MN SSIO2 266-6589 - APPLICANT PROPERTY LOCATION Property Owner Zigmant J. Kanstul Address 1332 S. Claudina City Anaheim g�CA Z�p92805 Daytime phone Cont�ct person (if different) Ravmond L. Lemmons Address/Location 984 Hazelwood Street Legal description See attached Exhibit A (aftach additionaf sheet if necessary) � TO TNE H�N�RASLE MAYOR ANQ .CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minneso:a Statues, Zigmant J. Kanstul , the owner of all the land proposed for rezon;ng, hereay petitions you to rezone the above described property from a. R-4 zoning district to a RT-1 zoning district, for the purpose of: Subdividing the parcel and conveying the rezoned sectian to the property to the north, so that the property to the north wouid include the garage on the proposed rezoned parcel that the north property is currently using. To do thi's, the north property and the proposed rezoned parcei must be under the same zoning code. (a!tach additronal stteetjs) if necessa.ry} Attachm<nts: Required site plan ❑ Consen: petition � Subscribed and sworn to be`ore me this _�� day of �,��_, 19�j � � , �--�� Notary Pubiic Affidavit 0 l. RECENED NOV 3 1998 ZONING Fee o�r�ner of �roperty i'it(e: � / �� r'�' r ,, JENNIFER PETERSON 3 (� .� • NO7 P BL�IGCALffORN1A� � ORANGE COIiNTY n 1 coena�. �a, oac, a, sao� � Page 1 of DEG-D7-98 )D:58 DAT�: TO: fR0►rcA�nAl IIIL�' All 11+IEM0 �.aNt: IN RE: Deceruber 7, 1998 S� Paal Zou�iing Attn: Paut D. 1vlarc Schermerhorn 976 Hazler�vood We want to re-zone the north section that the barage overiaps and then deed it to Laura Kirchen. She will sign the Petition. Yt is currendy in the name of Banker's Trust. We will be recording a Trustee's Deed putting Laura Kirchen in title of 976 Hazelwood an.d then Laura will d ve a quit claim deed to Mr. �anstul. Then �vvhen the split is approved, Mr. Kan:stuC will deed back the re-zaned section to Laura Kirchen. Tf yon have any questions, please cal1. Marc Schermerhorn • s i �---4 c�q _ 3 t°� � YAti: KBMpt: OI03I65262 NA111E: l.aura Jnue Xirc6en PROP: 976 Haulwood Stroet SG Paul, MN 55306 T12UStEE'S DEED ;} KNOW ALL MEN BY TIiE55 PRESENTS, thac BANKERS TRUST COMPANY OF CALIFORI.IIA, N.A., AS TRUS1'EE FOIt VENDEE MORTGAGE TRUST 19441, WITHOUT RECOURSE, whose address is 3 Park Plaza, Irvine, CA 92? 14, Grantor, for and in consideration of Ten and 00/I �0 Dollus ($10.00) to him in hand paid and other valuable consideration, does hereby grant and con�ey so Laura June Kirc6en, their successors and assigns, Gnntee, forever, the foltowing descrihed real proQetty located in the County of Ramsey, State of Minnesora: 2, except che North 6S feet thereof, Oak Pazk, Ramsey Counry, MinnesoW, acooeding to the recorded plat thereof. �u deed is exempt from payment of state deed stamps pa�suant to Minnesota Sratutes Section 281.22. THE SELL�R CERTIFI£S THAT TfiE SELLER DOES NOT KNO W OF ANY WEI.LS ON THE AB�V£ pESCR1BED REAL PROPERTY. And said Gmnioc, for himself and his successors in such office as such, does covenanc with said Grantee, their successors a»d assigns, that he has not made, done, execnted or snffered any aM or thing wl�atscever thereby ihe above described premises or any part thereof, now, or at aay ume hereafier, shall or may be imperiled, chazged os encumbered in any manner whatscever, and the title to the abovo-granted gremises against a31 persons lawfully ciaiming thc same from, througls or under him, and the said Grantor will warrant and defend. Dated at ' � this �`day of �/ [��X1�i ,19� n Sealed and DeGvered �es�ence of: A -r^. c�:,�t�'�r � gpNKERS TRUST N.A, AS TRUS"I'EE WITHOUT RF.FOU PANY OF CALIFOFLNIA, VE2�iDEE MORTGAGE'IRUST 1444-t, By: c1t�c• �I�N�� `.� �+!�...��_ 7ax tements for the reai property described in \ J this irtstrument should be sertt to: taura J. Kirchen 984 Hazelwood Street St. Paul, MN 55106 • �T. R."�cLAGAN & SON R`l - 3 l°� Ono So�d. Aabsre SnCa� q5]-9u.t5 ,yyv;piq REC1S7'FRED 1.M'D SUAVSYORS M'as[ S[. Aut Mina 55118 �_ __ FoE KlinOwort� � ea�n Sept.29.1993 vesta 7 inc� = 30 feef _" , i� / � � �A06fa� al M� � • � �' yt UGHT PQi.E ---� CMAIrv UNK FENCE m TE�EPHONE CLOSLIRE BOx • SE7 IRON PiPE. MARKED :70. 75099 ,�erisw I•S'q� G/Pn6rla��.e% / AO I'AUL J. McCINLLY, R.L.S. eY roniry Na� �pis furreY Wu� x ropx[ wu vdl�Y nv 0� �rtlde ntY Y�HCt Wpervix�Vn al�d �� /�' �.. An� w Gui1' ll+[I»erea LsnY Surv�yer u�`<<� ��,`� LOT SPLIT REQUEST R�- _t�UL, t{. lY1.CLAlrA1V d� JU1V 9,a s,,,u, gabort s«oo� 6IN N�SOTA AEGISTERED LAND SVRVfiYOAS West SL Paul. M1nn 55138 �ST-36A5 � — �ar. Rod Kiirtdworth date� SeO�'19. �993 ccnle� ��nch = 30 teet • � , - - - �j� � LOT SPLIT REQUEST I � ( � � \ 1=31'17'2f' ` R=60.00 L=32.77 4 � I 1 Gw�c� cams b 1J wt ' ma a6 nau et pmp.ty t � ccrna. I � ( �j-- � --`¢asr �— �-- , �v.aa _ I � I � � � i .� � � � � 0 � � � r W N � I x I � a� b'� 2 x W 0 0 0 b' � z � � I \ / � FM ef (MU 4 0.a (eet \ / NuN ef IN Y 2 STORY L'� HOUSE 6AQA6£ PARCEL Arco = f i94 sy.Sf 0.2718 Ac s � G<.0! MAtL A� M.OF 4MF � p PARCEL 9 Arso = 8700 sq.ft 0.1860 Acros 19 iT caRnce �� - �, •' S I ol o� b' 0 � � � � f r � aa feae tmm. m tt ucriz ro� --- CHAIN LINK FENCE m TELEPHONE CLOSURE BOX • SET IRON PIPE, MARKED N0. 16099 i • ,PevrS�d 4-5-97 GaPA6E [aurie.v� seby certity Na[ this mssvey, Wan w reWr[ was /� PAUL d McGINLLY, R•L.S. Y�ed CS ae m �nMr aW dfrect a�D��3slon axd �R.�aJ�� g f am s dulY Re6�ste�Mt L*+fd Surveym' � K t6e 5rau ot Minnesaa A ' � SH�ED � __-----1_ 3 wo ir rv+cc �s a+ cm usr a tw[ - 45T [oe.orwec� .00�eaw.ovuvE us[Ei � � �� W � 5 STORY HOUSE e ri N � �, LJ qq-3�� Rod Kiindworfh September 29, 'f 993 sheet 2 of 2 Revised 4-15-97 for Laura Kirchen PREVIOUS DESCRlPTION OF NORTH PARCEL The south 5�.OQ feet of the north 65.00 feet ofi Lot 2, "Oak Park° according to the recorded plat thereof on file in the office of the County Recorder, Ramsey County, Minnesota. PREVIOUS DESCRIPTION OF S011TH PARCEL That part of Lot 2, "OAK PARK" which {ies south o4 the north 65 feet thereof, according to the recorded plat thereof on fi{e in the office of the county Recorder, Ramsey County, Minnesota. PROPOSED DESCRIPTION OF NEW NORTH PARCEL "A" That part of Lot 2, "OAK PARK" according to the recorded piat thereof on file in the office of the County Recorder, Ramsey County, Minnesota, which iies north of the south 54.00 feet thereof and south of the north 15 feet thereof, excepting therefrom that part of said Lot 2 which was piatted as Hazelwood 5treet by the pfat of OAK TREE PARK, as filed and recorded in said County and State. PROPOSED DESCR{PTIQN OF NEW SOUTH PARCEL u�n The south 54.00 feet of Lot 2, °OAK PARK", according to the recorded p4at thereof on file in the office of the County recorder, Ramsey County. Minnesota. . C� ZONING PETITION SUk'FICIENCY CI,�CK SHEET - REZONL�iG SCUP NCUP FIRST SUBMITTED DATE PETITION SUBMITTED: ��' i � DATE OFFICIALLY RECETVED: ( � �� PARCELS ELIGIBLE: � � PARCELSREQUIRED: YARCELS StGhED: 1 � � � DATE PETITION RESUB�fITTED: �/- 3 S� DATE OFFICIALLY RECEIV ED: / ' ` � � � p � � PARCELS ELIGIBLE: �� PARCELSREQUIRED: PARCELS SIGNED: �z CHECKED BY: � t A � ��U t 'C. � DATE: �( � �� ` � � a (�.. tJ` L.. � tlr� t lA 1� l...-- ��'" s/^�� j„r S Z4N1NG ��LE �� r- � °C`i - � 1� C� � 4. 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. 17. SUNRAY-BATTLECREEK-HIGHWOOD HAZEL PARK HADEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH END THOMAS-DALE SUMMIT-L3NIVERSITY WEST SEVENTfI COMO HAMI,INE•MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMLINE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMTT HILL DOWNfOWN Z�NING FILE '�� HAMLINE CITIZEN PARTICIPATION PIANNING DISTRICTS � i �� GREATER EAST SIDE DISTRIC7 2 �N '°° �°°° �°°° '�' - - �� - � 5C/L4 �h � FEET rz �z n �� dit9 t C� �� M AG N 0 f A � ��q _ 3l ,�, c�� E ,,� 3 . `� �; � � �� ; � �' - r � � �� °� e �� v � v d , �s �c�rr � � :` Yf� 4e v �> ' � d . � � � �Y��o�NO g� � • } � � "O �'� �, � "�' G? 3 '� t �' � a . i � �� am ,j � , � ; � Q —�-- V `t' � ,4 � '�'� C � - 9 � � "� 5�(y W�- �t�' T�' . • AVE. O � �� . \ ^ 4 d�� .,° a � / � !� � �* ' : �`A� O ni� �p' /� .. 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D(ST MAP ;,�� o one (amiiy ��^ comm�•c�a' .� � - Pr�o (amily 6 �•� �• i:�JuSI'' � � wm �l.'�90�.. �� ' jz-� 4 multiple lamity V va�,n: I f ' I" I I � � i t t i�---1--� i l i �� i � i� i� �+ � t t . � � I; i l; I! 1 T ' NAR-05-99 10:16 t I ' FRO�-Capital Title Corp +6514821662 T-648 P.02/03 F-341 °� R - 31g � ! � ' ` AFFIDAVIT :: ,�i� `,i��: ; �` � � . ' ' `" STATE OF MlNNESOTA , ,. i ,. � - `., .�F `'': I � \ � � " b , F + 1 � VO��r � 1 O� f��1J� � ie�� '� f ��F �' �' � , � . ' Mara A. Schermerhom, being du{y sworn upon oatfi says that on the 18th day _�� j,• of Fe6ruary, 1999, he recorded the attached DeClaration of Covenants, Conditions, and , Restrictians at the affice of the Ramsey County Recarder for 984 Hazelwood Street, in the City of St. PaUt, County ofi Ramsey, and State of Minnesota, {egaily described :{ ! ' :; , . as fotiows: � ` The South 50.00 feet of the North 65.00 feet of Lot 2, e` "OAK PARK" according to,the recorded plat thereaf on Ble in the office of ihe CounTy Recorder, Ramsey County, Minnesota. � 1 , � ' � . Subscribed antl sworn to before me ih � �1 day of March, i999. � 1...�-�W Y � � Notary P {ic , , � «�a�.t '. ,' . ,� � �: r� ' ' � � � .,t: ! �...;, { I � ' 2c�� r�� I .r 1 � � `! �/�,./__/ l � R • o�wN �. wo�o NQTRRYFNB[!C • NINt�OTA 4VRlGN7' OO�JtS7Y Ah CkMnmts� Etpkes Je�.31.2900 � r . 9'8 � 3 i3 0 .�� i� t : � �` i 1 ,,6i, � ��; � • �� . '4 g �',.�.��<. 1. :{i}' {! V 1�': � ` ' :'_� { . '��; r , ; i . �t . . I �� i' � ,�y� i i� i'�,.� i ;!� , 'F.�t i �! . � '�� , � � r '�' i '. r ;: y �' � � � YAR-G5-9A 10:16 1� ' � � i i FRON-Caaital Title Carp � +, � +s�iae:�sss +, 1 E ! f T-6d6 P.03l03 F-341 DgCLARATION OF COVEN.4r7'FS. CONDITlOIQS AND RES1TtIL'110Di5 � T'FT[S DECLARATtON, is made in We CauatS' af RamseY+ Slate of Mimtes �� s I'� day of Fe bWM�Sr . 1999 by T.ama June Kixchen, single, hueinafteT 8S "DCC1HtdIIt". �—� �. WHEREAS. Deda=ant ia flu ownex of zeel pxoperty i¢ the County of 12ams�Y, State of Minnesota, Iegatly descn'6ed as: ' The South 50.00 feet oF the north 65.00 feet of Lot 2, "OAK PARK" according to the recorded plat ihereof on Slc ia the office of tLe Couaty Recorder, Ramscy County. Minnesota. , AND WHBItEAS, the Dectazant iatmds to add additional pmPectY to above descdbcd pioperty, and whereas the C'rty of 9t Paul icqufres that the additionel pmperty be 7�ned and tbat a certain restrictioa be placed on the propercy. es hereinafter staced. NpW T�IEREFORE, Dec2sraat hereby declara tha! the e�cisting suucNcc on the $bove ,, describcd properiY be used for single femily purQoses only. Tkat said reshiction shall xun with, flie teat pmpaty aud be binding' on ail parties t�aving any right, titk or iaterest in the dacnbed pmpeaY oT ffiY Part thereof, theic heics, succesaors. and assigns, and shaA inure to the bencfit of each owner thcreof, IN V,7TNESS Wf�RBOF, the uadasigned, being th t her� s caused these presence to be executed UY Laura June Kiccheo. lhis day of 1999. p� 1 , I� Kfrchen STATE OF MiNNESOTA � COUN'I'Y OF TtAMSBY � ( �� ., �� On f�s�� qf��4!eZ_�999,.before me a Notazy Pnblio ia and for ssid ' wu.+•Jf P�ODd�' I}� S�j1C8YCd I.SULB �1M �. ! N lic 2Lis Insmimcm wss niaRea Er. ' r� n. s�� 1210 West Conaty ltoad & f�den Hills, MPI 55112 i , � � . ' � .nw+vn. '' � ` � ic,� gB�3�3 ��_' �' � � ��Zo+� �,.�G r 4 ` t. �• ,"'�.'.» usa �. r�at a �N� � ;,� . "'r,y„�s+ • � • ZON/N6 GILE 9'cg'3 J3 q� - 3l°� � 3anuary 11, 1999 Ms. Peg Fa�ier St. Paul Buildin� Inspector 350 St. Peter Street Suite 300 St. Paul, MN 55102 In Re: 984 Hazelwood Street Conversion of premises to single family use Dear Mt. Fuller: I am writing this letter in regazds to the inspection that took place on January 8, 1999. As per our discussion during the inspection, I Laura Kirchen agree to remove the door and door frame at the � bottom of the stairs, remove the wall between the hallway and the lower level livin� room to the left of the stairway coming from the upstairs, as well as place a restriction of record in the Ramse,y County Recorders Office stating that the property from this day forward may only be used for use as a single family dwelling. Also, as aa eed upon during the inspection, I will send pictures of the completed work to verify thz work has been completed and the home now meets the standazds for a single family dwellin�. If you have any further questions in this matter, ptease contact Mazc Schermerhorn of Lemmons R Lemmons Law Oifice at (651) 48o-�S50. Sincerely yours, � � � j �I.�t�-- aura Kirchen ec: Marc Schermerhom Zigmant Kanstul �J � � �1.UL , C��.� �.��C -� � �� Ot F-� C�� - �� l UG< <�-� cc.� l C� � ttis-�- Cl��z� cc� c , '{�-�.c�� 1 �:4� ��t� hc�� L�� 1�cc.� (,llZ� 411f , � ��x , �_� , .� , , ��;;t;,;iG.� t_-- �,� G�g � �{aZ�uJ��v/� s�, a — D�ZIG/.�/AL 5" /�✓ l /� �"«_ F — zoN1►.�G FrL� 48 • 343 i � `�� - �t`1 � city of saint paul planning commission resolution fle number 99-09 date February 11, 1999 tix/HEREAS, KANSTUL, ZIGMANT J., file # 98-313, has applied for a Rezoning under the provisions of Sections 60.410 and 60.420 of the Saint Paul Legislative Code, for the purpose of Petition to rezone from R-4 to RT-1 to allow for subdivision of property on property ]ocated at 976 HAZELWOOD STREET, legally described as EX N 65 FT lot 2 Oak Park (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 12/29/1998 and 2f4/94, 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 Sectaon 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantiatly reflected in the minutes, made the following findin�s of fact: � 1. According to records from the Ramsey County Department of Ta�ation, the house at 976 Hazel�vood (the southerly house) was constructed in 191 �. In 1990 the house at 984 Hazehvood (the northerly l�ouse) was built. The attached garage for the house at 984 �vas built across the lot line separatin� 976 and 984. At the time both houses belon�ed to the same o�vner, so no objection «'as raised. • 2. Because of the rezoning of the property at 984 Hazelwood to RT-I in 1980, the garaae is in a different zoning district from the house to �vhich it is aitached, as well as being on a different lot. According to taxation records, both homes are single family. Iio��ever, applicant's representative states that the northerly house (984) is a duplex. Building records show� tliat the building permit was for a single family structure. A letter in the file notifies the ow'ner that if the liouse is to be buili as a duplex or converted to a duplex after consituction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the City will be required to make sure it meets code requirements for a 2- family dweilin�. moved by Field . seconded by i n favor Unanimous against 4. Agplicant is selliag the southedy property at 976 Hazelwood and needs to clean up the • property division with a tot sptit, taking approximate[y 31 feet from the lot of 976 Hazelwood and attaching it to the lot of 984. Lot spliY regulations require, among other things, that no split zoning lots be created by adjusting common lot boundaries. Thus, this 3 t feet of 12-41and mast be rezoned to RT-1. 5. After the lot split, both lots will more than meet the minimum requirements for lots in their respective zoning districts. Based on a survey submitted �iith the lot split application, it appears that the detached gara�e at 976 HazeIwood �eiit be at least 3 feet from the new northerly groperty line, meetin� the R-4 standuds. The attached garage at 984 Hazelwood appears to be at least 6 feet from Yhe same propem• line. Four feet is required for a single family house, while 9 feet is req¢ired for a dupiex. ( Because the garage is attached to the main house, it must meet the setback standards for the main structure.) 6. The lot split and rezoning wili correct a problem created nearly ten years ago. RTO��,', THEIZEFORE, BE IT RESOLVED, by the Saint Paul Plannin� Commission, that under thz authority of the City`s Le�isIative Code, the application for a RezoninQ to allo«� Petition to rezone from R-4 to RT-1 to allow for subdi�•ision.of property at 976 H�ZEL�VOOD STREET is hereb}� approved; - AND, BE IT FURTHER 1ZESOLVED by� the 5aint Paul Plannina Commission, that since tfie • applicant has a�reed to maintain the house at 93� Hazel�vood as a sinsle family stnicture in order to comply u�ith the zonins and building codes and has further agreed to ptace a restriction on the dezd statin� that tfie property must be remain a single famiiy d�ae[lina, th� City Council not • approve The rezoning until evidence is presented thai such a restriction hzs been recorded by Ramsey County. � �tq - � �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission ofthe City of Saint Paul was held Friday, February 12, 1999, at 8:30 a.m. in the Conference �enter of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin, Present: Messrs. Corbey, Dandrea, Fietd, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Mmes. * and Messrs. *Johnson and *Kong Absent: zExcused Also Present: Ken Ford, Planning Administrator; Donna Drummond, Martha Faust, Nancy Frick, Tom Harren, Nancy Homans, Patricia James, Larry Soderholm and Jim Zdon, Department of Planning and Economic Development staff. I. Approval of Min,�tes ofJanuary 8& Jlnuary 22, 1999 � MOTION: Commissioiter Field n:oved �Tpprova! ojtlee minutes of Jai:uary 8 a�:d January 22, 1999; Comn:issioreer Faricy secoi:ded the n:otios w/eic/t carried unanin:ously on a voice � vote. II. Chair's Announcements Chair Morton announced that following this meetinJ, the Commission «ill be walking over to the Seventh Place Mall to look at the buildinas that have been designated as historia Mr: Aaror Rubenstein �vill accompany to point out some of the reasons �vhy they have been de'signated for historic preservation. ITI. Planning Aclministrator's Announcements Mr. Ford announced that the City Council will hold a policy discussion meeting this next . �Vednesday. The focus of this mee[ing �aill 6e tlie "Housing° Chapter of tUe Comprehensive Plan. There will be a staff presentation on the "Summary and General Policy" of the Comprehensive Plan; tl�ere will be a brief presentation on the "Implementation" Chapter; then extensive pubiic comment: 45 minutes on affordable housing; 45 minutzs on exisiin� housin� stock; and another 45 minutes on new construction. The City Council �cill follow up with their o��•n discussion and action on The "Housin� Plan" afrer that in subsequent meeYings. The City Council has set the public hearine, which is joint with the Planning Commission, on March 24, for the Ayd MiV{ Road Em�ironmental Impact Statement. C� The City Council this week passed a reso(ution extending the moratorium on pawn shop development for another 30 days. Next week the City Council will have on their agenda the Planning Commission's � recommendation for modifications to the regulations on pawn shops, with some additionat modifications of their own. IV. Zoning CommitteQ #98-309 St. Anthonv Park Communiri• Council - Appeal of an administrative approvai of a site plan for an automobite convenience store at the noRhwest corner of Kasota Avenue & Highway 280 (Donna Drummond, 266-6556). Commissioner Field noted that there was a motion that the fee be waived because as a result of the appeal, several changes were made to the site plan. MOTION: Commissioner Field moverl deninl of tl:e appea! and approva! of the site plan for ar: automobile co�:venieEice store at f/:e northwest carner ojSasota.4venue and Highway 280 with condifions, wJ:ic1: carried unanimously on a voice vote. #98-313 Ziamant J. Kanstul - Rezone property from R-4 (one-family residential) to RT-1 (t�vo-famity residentiat) to allo�v for subdivision of property at 976 Hazelwood Street (at Case Ave intersection) Patricia James, 266-6639. Patricia James handed out the subsfitute resolution for Zigmant J., Kanstul, which amends the ori�inal resolution to say tl�at the Plannin� Commission recommends that the City Council not . approve the rezonin� until ihe deed restriction stating that tl�e property must remain a single family dwelling is recorz�ed with �Ram�ey County. MOTIO\: Conznrissioner Field nroved approva! oja reguest to reZOr:e property at 976 HaZelwood Street franz R-4 (one family resirleirtia!) to RT-I (two frrnrily residentia() to allow• for subdivisiors of property, aad ihat ihe Crty Canaci! nat approvelhe rezonii:g until evidence is presented tlrat a tleed restriclion stating that Ure property musl ren{ain a single family dwelling kas been recorded by Ranrsey Co�uity, w/tich carrietl unanimotrsly on a vaice vote. #98-323 Cann Industries Limited - Special condition use permit to allo�v for Ryder Trs, Inc. which will operate a corporately o�vned store to lease or rent trucks, motor homes & automobiles at ] 061 University Avenue (between Oxford & Lexington) - Donna Drummond, 266-6556. Commissioner Field stated that afcer some discussion, the Zoning Committee moved to lay this matter over to the nest meetin„ Februar}• 1 S, 1999, so that the district councii and Ryder Trs, Inc. have an opportunity to discuss appropriate conditions to make the proposed project more acceptable, if it is passed. �95-32� CaIvin's Tnc. - Special condi[ion use permit to aliow for shared commeccial parkine in an institutional lot at 242 Sevenih Street «�est (bet�veen Walnut & Chestnut) Vine Park Parking lot located on Chestnut Street - Martha Faust, 266-6572. � 2 MINUTES OF THE ZONING COMMITTEE Thursday, February 4, 1999 - 3:30 p.m. • City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: • L� Engh, Faircy, field, Gervais, Kramer, Morton, and Nowlin 1��1«�s� Carol Martineau, Patricia James, and Larry Soderholm of PED OTHERS PRESENT: The meeting was chaired by Commissioner Field. �l� -��q ZIGNfANT J. KANSTUL - Zoning File 98-313 - Rezone property from R-4 (one-famify residentiai) to RT-1 (two-family residential) to allow for subdivision of property. Patricia James read the staff report and showed siides. Commissioner Morton asked if the oniy thing we are looking at today is the lot spiit and the rezoning. Patricia James stated the lot spfit can be approved by staff, once the rezoning goes through, because there won't be spiit zoning on that one lot. Commissioner Kramer stated that the rezoning is R-4 to RT-1. Mark Schermerhorn ctarified the restrictions on the property, "only upon approval by the City of St. Paui", will the property by used for a duplex. Patricia James stated the problem with using tfie property for a dupiex and approving the lot split is because the garage is attached to the main structure. They have to meet side yard set backs for the main structure for a two family home, the minimum set back is nine feet, and what they have is six feet. So if it is a singie family home tfiey meet alI the conditions, we can approve the lot split and rezoning. If at some later date they want to convert the house at 984 Hazeiwood to a dupiex, they would have to go in for a variance. Commissioner Kramer asked if the language has been placed on the deed, and if Mark Schermerhorn has a copy of it that the commission could have. Mark Schermerhorn provided a copy. Commissioner Faricy asked if it wouldn't be better to go back and approve this as a duplex. Patricia James stated that the issue with approving this as a duplex is that the house doesn't meet the buitding code as a duplex and the applicant at this point isn't wiiling to spend the money that would be required to bring it info conformance with the duplex standards. if the father wants to convert it to a duplex at sometime, they stiil wouid be faced with those expenses, and they would have to apply for a variance. Zoning Committee Minutes February 4,1999 98-313 Page 2 Mr. Kramer stated that it seems if we approve the lot split and rezoning, we are directing the Board of Zoning Appeals to approve the variance if the applicant should apply at a future date t� create a duplex, and i don't think that this is the intent. There seem to be two issues here: 1. Can he seil the property. 2. If the owners want to use this as a duplex by changing the zoning, we are making it possible to apply for a variance. The sale of the home could be allowed if we were rezoning the first property from RT-1 to R-4, rather than the second property from R-4 to RT1. Mark Schermerhorn sfated that he would be wilting to add a restriction thaf the property would be used as a singie family dwelling only. Commissioner Kramer suggested that the owner of the other property rezone that property, then we don'f have to attach any covenants to any deeds at aI( and that wou(d stifl a(low division for tfie garage. Mr. Soderhoim stated the applicant in this case has been working at this for one and one-half years. She submitted one petition that we turned down, because it was submitted with signatures over one year oid, and she did another petition. The staff doesn't have any objections to making this lot a dupiex if at some future point they are able to comply with ali the building code requirements, and if they get a variance from the Board of Zoning Appeals. � On that culdesac, about half the properties are dupfex and half are singie family. Commissioner Kramer stated the difference is this property is on a culdesac, which has limited parking, because all of the houses have driveways that enter off of the culdesac and so i don't think we should sef up a situation where it is further exacerbated with more duplexes that have to get variances. If the applicant wants to put a condition on there that it will be used as a singie family home, that is acceptable to me. Mark 5chermerhorn stated that the house does meet the parking requirements for a dupiex in that area. The reason we have to get this done is that Mr. Kansful has a Corttract for Deed to sell the property at 976 Hazelwood; when the contract expires he witl be liable to the purchaser on the Contract for Deed, if he cannot give a ciear title, for any damages that the person sustained. Commissioner Kramer moved that we recommend rezoning of the property provided that the covenant restricfion fias been made subject to tfie City Attorney's review. Commissioner Morton seconded it. Adopted Drafted by: "�( ,ik A LN' 1 1�ZCl/�.�i�.a,Lv ca�o� Mart neau Recording Secretary Yeas - 7 Nays - 0 Sub itted by: Patricia James Zoning Section Aaproved by: • • • �� OR1GI�#AL Presented By ��7L � 4 �YR 93HSIl9fld council File # ��-3��. Ordinance # Green Sheet # �� l0 0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date �� 1 An ordinance amending Chapter 60 of the Saint Paul I.egislative Code pertaining to zoning for the Ciry of 2 Saint Paul and the zoning maps thereof: 4 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the L,egislative Code, KANSTUL, 5 ZIGMANT J. duly petitioned to rezone 976 HAZELWOOD STREET being legally described as EX N 65 6 FT lot 2 Oak Park (see file) from R-4 to RT-1 to allow for subdivision of properry, the peution having 7 been certified by the Planuiug Division on December 1, 1998 as having been consented to by at least 67% 8 of the owners of the area of the properiy to be rezoned, and further having been consented to by at least 9 two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one 10 year proceeding the date of the petition; and 11 12 WHEREAS, The Zoning Committee of the Plamiing Commission on 12/29/1998, held a public hearing for 13 the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, 14 submitted its recommendation to the Planning Commission that the petition be granted; and 15 16 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on 2/14 /1999 17 and recommended that the City Council approve the petition; and 18 19 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 20 published in the official newspaper of the Ciry on 3/24/99, and notices were duly mailed to each owner of 21 affected property and property situated wholly or partly within 350 feet of the property sought to be 22 rezoned;and 23 24 WHEREAS, a public hearing before the City Council having been conducted on 4/7 /1999, where all 25 interested parties were heard, the Council having considered all the facts and recommendations concerning 26 27 28 29 30 31 32 33 34 the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 85, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 976 HAZELWOOD STREET, being more particularly described as: 35 36 37 38 39 40 41 42 EX N 65 FT lot 2 Oak Park (see file) be and is hereby rezoned from R� toRT-1 Section 2. �q_�� This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. i.t iz� ��/'►� �[IRIISNFft �� ..., 43 Yeas mays .�bsent 44 Benanav Requested by Department of: 4J Blakey 46 Bostrom Plannin & Economic De�elo�ment ✓ 47 coi�an .. 48 Harr�s $y: � �... 49 Lancn, ✓ 50 Reiter �� 51 J Form Approved by City Attorney 53 Adopted by Council: Date Q��,_�� 54 �.��Tr�,L✓�✓�v�-�- �/ <- 5 � 56 Adoption Certif' d by Council Secretary $Y� Jra� BY � �� T ""� i Approved b 60 Approved by Mayor: Date i 7C/ �y 61 By: � � By�. PSDJHortheast Team Patricia Sames 6-6639 9pri1 7, 1999 3/26{99 � TOTAL # OF SIGNATURE PAGES 1 GREEN SHEET wr.xnmrt oaecro. .. - . ,. . . � ;°_� ancowti � ��,.� i� �C-� _a� � �,«.� ❑ wuwnusFxxeESOV� ❑ r.,,wr,.i.mmxc.c _ a Wroa�� / � ' ❑1 Ken Foxd (CL1P ALL LOCATIONS FOR SIGNATURE) Adopt an ordinanceto finalize council approval of a petition from Zigmant ICanstul to rezone property at 976 Hazelwood Street from R-4 to RT-1 (public hearing to be held April 7, 1499). �,-- iUAI IV IV AQ{1foVE (P) Of K2J2C[ (KJ PERSONAL SERVICE C�NiRNCiS MUST ANSWER iHE FOLLAW4NG QUE5720NSs 1. Yfas this persoNfirm eve/ wotked under a con4act fw this depertmeM? PLANNING CAMMISSION veS No CIB COMMIITEE 2. Has ihis perso�rtn e�.er been a ciry empbyee'! CIVILSERVICECOMMISSION vE5 NO ZOIIIII¢ Committee 3. Dces this persorVfi�m possess a sidll not �wrmalrypossessetl by airy curreM city employee? Staf£ vES No 4. Is U�is peisoMnn a targeted ventlo(t YES NO 6qilain al1 Y�%answers an separate sheet and attach to green aheet 208LEM ISSUE, OPPORlUN17V (Wiw, What, When, Where, Whri Approve petition to rezane property from R-4 to &T-1 to allow for subdivision of groperty. IF APPROVED �:�''�'.. fi x' p; 4 F �� $�°'x �'E,s ��. u 6 �'�R.':.:.cs� N'Pii�L � J ib7� fOTAI AI'AOUNT OF TRANSACTION L LNOING SOURCE WSTIitEVENIlE BU06EfED (GRCLE 011� ACTNITYNURIBER YES NO INANCIAL klFORMATION (E%PWN) q.q -� iy From: To: Date: Subject: Pat James CAO.Attorney. m ccorm ic 3/26/99 4:10pm Zigmant Kanstul Rezoning - File # 98-313 As you recall, the City Councif public hearing on this case had to be laid over for 2 weeks because notice was not published in the Legal Ledger. Usual practice with rezonings is that the City Council holds the public hearing, then the ordinance is prepared, it goes through 4 readings, and then it is published in the Legal Ledger and takes effect 30 days later. Because there is a woman trying to purchase 976 Hazelwood (from where the land to be rezoned is being taken and joined with 984 Hazelwood) who cannot finalize her mortgage until the rezoning is approved, we are trying to expedite this process somewhat. I would like to have the public hearing and first reading of the ordinance on April 7. This is not the usual practice with rezonings; however, since the public hearings for most ordinances are at the third reading, it doesn't seem that unusuai. Let me know if there are legal problems with doing it this way. Thanks. CC: soderhol, CCouncil.COUNClL.nancya �� —., � � � � � �. �.�� - � DEPARTMENT OF PLANMNG & ECONOMIC DEVELOPMENT Br:¢n Sweeney, Interim Director CI'TY OF SAIN'I' PAUL Norm Coleman, Mayor ?� West Fowth Street Saint Paul, �LiN Si102 �j� _ 3 l� 5'} Telephone: 612-266-6655 Facsimile: 612-228-3261 'c."�'.. . , . _.. ,�.. _�„ Mazch 1, 1999 Ms. Nancy Anderson City Council Reseazch OfFice Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I :� E � � �� Z would like to confirm that a public hearing hefore the City Council is scheduled for Wednesday Mazch 24, 1999 for the following zoning case; Applicant: ZIGML)NTJ.KANSTiJL File Number: #98-313 Purpose: Rezone property from R-4 to RT-1 to allow for subdivision of properry Address: 976 Hazelwood Street Legal Description of Property: 5ee file Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, February 12, 1999 Zoning Committee Recommendation: Approval, vote: 6-0, February 4, 1999 My understandinn is that this public hearing request will appear on the agenda for the March 24, 1998 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. Since ]y, '�-� / ^ J ��c. Z�_�, Patricia James City Planner cc: File #98-313 Paul Dubruiel Carol Martineau NOTICE pF PUSLIC HEARINp The Saint Paul City Conncil wiil con- duct a public hearing on Wednesday, March 24, and Wednesday, �April - 7, 1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Ha1]-Covrt Aouse to consider the application of Zigmvnt J. I[anstul to rezone property at 976_Hazelwood Street &om R-4 to RT-I to a37ow for snbdivision of the property. Dated: March 23, 1999 NANCYANDERSOPY� . Assistsnt Ciry Council Secsetary . , {Maz. 241 'ec '_ ST. PAUL LEGi1L LEDGER =_'"- q4- 3tg ZONlNG COMMITTEE STAFF REPORT • ____________________________ FILE # 98-313 1. APPLICANT: KANSTUL, ZIGMANT J. DATE OF HEARING: 12/29/98 2. CLASSIFICATION: Rezoning • • 3. LOCATION_ 976 HAZELWOOD STREET 4. PLANNING DISTRICT: 2 5. LEGAL DESCRIPTION: EX N 65 FT lot 2 Oak Park (see file) 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: 7. STAFF INVESTIGATION AND REPORT: DATE: 12/17/98 § 60.410; § 60.420; § 61.101; § 67.304 BY: Pauicia James 8. DATE RECENED: 1 U25/98 DEADLINE FOR ACTION: i/29/99 A. PURPOSE: Petition to rezone from R-4 to RT-1 to allow for subdivision of properry B. PARCEL SIZE: 31 feet (Hazelwood) x 150 feet =4650 sq. ft. C. EXISTING LAI3D USE: attached garage for residence at 984 Hazelwood D. SURROUNDING LAND L3SE: North: Residential (RT-1) East: Residential (R-4) South: Residential (R-4) West: Residential (RT-1) E. ZONING CODE CITATION: §60.410 governs uses in single family residential zones; §60.420 govems uses in the RT-1 district; §61.101 regulates lot size and setbacks for residential uses; § 67.304 sets standards for lot splits. F. HISTORY/DISCUSSION: In 1981 the property described as "That properry located on the East side of Hazelwood Street between the Chicago, St. Paul, Minneapolis and Omaha Railroad tracks and Case Avenue, being more particularly described as Except for street; Lot 1 and N 65' of Lot 2 and the vacated sueet accruing, Oak Park Addition" was rezoned from R-4 Single Fatnily to RT-1 Two Family residential. (Zoning File 8902). Zoning File 98-313 . page 2 G. DISTRICT COUNCII, RECOMMENDATION: The District 2 Council recommends approval of the rezoning of only the land to be combined with the northerly property and then only if the northerly house complies with all aspects of the zoning code, i.e. is a legal duplex registered with the City or a single family residence. H. FINDINGS: According to records from the Ramsey Counry Department of Taxation, the house at 976 Hazelwood (the southerly house) was constructed in 1910. In 1990 the house at 984 Hazelwood (the northerly house) was built. The attached gazage for the house at 984 was built across the lot line separating 976 and 984. At the time both houses belonged to the same owner, so no objection was raised. 2. Because of the rezoning of the property at 984 Hazelwood to RT-1 in 1980, the garage is in a different zotting district from the duplex to which it is attached, as well as being on a diffecent lot. 3. According to taYation records, both homes are single famIIy. However, applicant's representative states that the northerly house (984) is a duplex. $uilding records show that the buIlding permit was for a single faznily structure. A letter in the file notifies • the owner that if the house is to be built as a duplex or converted to a duplex after construction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the Ciry will be required to make sure it meets code requirements for a 2-family dwelling. 4. AppIicant is seIIing the southerly property at 97fi Hazelwood and needs to clean up the properiy division with a lot split, taking approximately 31 feet from the lot of 476 Aazelwood and attaching it to the lot of 984. Lot spiit regulations require, acnong other things, that no spiit zoning lots be created by adjusting common lot boundaries. Thus, this 31 feet of R-4 land must be rezoned to RT-1. 5. After the Iot split, both lots wiil more than meet the minitnum requirements for lots in their respective zoning districts. Based on a survey submitted with the lot spfit appiication, it appears that the detached garage at 976 Haze2woocl will be at least 3 feet from tlie new northerly property line, meeting the R-4 standards. The attached garage at 984 Hazelwood appears to be at least 6 feet from the same property line. Four feet is required for a single family house, while 9 feet is required for a duplex. ( Because the garage is attached to the main house, ii must meet the setback standards for the main structure.) 6. The lot split aad rezoning will correct a problem created nearly ten years ago. • `1�t - 3 �`� � � Zoning File 98-313 page 3 ?. The status of the house at 984 Hazelwood must be clarified. If the house is a duplex, a variance for the side yard setback at 984 Hazelwood must be approved by the Board of Zoning Appeals before the lot split can be approved. &. The applicant's representative has been notified that the status of 984 Hazelwood must be clarified before the rezoning can proceed. I. STAFF RECOMMENDATION: Based on fmdings 1- 8, staff recommends that the rezoning be laid over until the status of the house at 984 Hazelwood is clarified. If the house is a single family dwelling, staff recommends approval based on fmdings 1- 6. If the house is a duplex, staff recommends that the rezoning be delayed until the legality of the duplex is clarified, and a variance of the minimum side yazd setback is obtained. • DEPARTMENT OF PLANNIIQG & ECONOMIC DEVELOPMEN7' Pamela Whee7ock Drreclor CTI'Y OF SAINT PAUL Norm Co7eman, Mayor w� � , DATE: December 29, 1998 TO: Zoning Committee � FROM: Patricia James � 15 West Faurrh Street Saint Paul, MNSSIO2 `l° _'�� Telephane: 651-266-6626 Facsimile:651 •228-33A7 RE: ZONING FILE # 98-313 SUPPLEMEI3TAL INFORMATION On December 24, 1998, Peg Fuller from the Office of License, Inspections, and Environmental Protection inspected the house at 984 Hazelwood. Her determination is that it is a duplex and it is not in conformance with the building code. Her recommendation is that the rezoning and lot split only be approved with conditions that the duplex be brought into compliance with the building code. She noted that the applicant was informed in 1940 ihat additional requirements were needed to make the home a duplex. Ms. Fuller also notes that the garage permit issued in 1993 was issued in enor, since the garage extended over the lot line. This was an esor even though both lots were then under the same ownership. Laura Kirchen, the applicant for the rezoning, s[ates that her home is a split entry, and that the lower level is not a separate unit. Through her representative, she has stated that her goal is to eventualiy use the entire structure and no longer rent a portion of it. The Zotung Code uses the following defuntions: §60.204 D Dwetling, one family. A building designed exclusively for and occupied exclusively by one family in one dwelling unit. Dwelling, nvo family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other in two (2) separate dwelling uniu. Dwelling unit. A building, or portion thereof, designed for occupancy hy one family for residential purposes used or intended to be used for living, sleeping, and cooking or eating purposes. §60.206. F. Family. One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereofl together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a singie housekeeping unit. Every additional group of four (4) or fewer persons � Iiving in such housekeeping unit shail be considered a separate family for the purpose of this code. §67.304-306 describes the process for approving a lot split or adjustment of common boundary. Since the structure has been determined to be a duplex; approval of ttte lot split will create a nonconforming structure (9 ft. setback required; 6 ft. existing}. §67.306 (bJ requires ffie Board of Zoning Appeals to ho2d a public hearing on the variance request. In this instance, the Planning Commission may act as the Boazd of Zoning Appeals an3 consider the variance. Ms. Kirchen can bring the home into compliance in one of two ways: 1. She can work bring the unit in the Iower Ievel into comgliance with the building code; thus creating a legal duplex. The home has sufficient lot area, the vaziance of 3 feeC for the side yard could then be approve@ by the Planning Commission and City Councii as part of the rezoning and lot split. Bringiug the home into compliance with the zoning ' and building codes would make the home easier to sell in the future. 2. The home could be altered in such a way as to satisfy tUe building officials that it is a true single famity home. There would then be no need for a side yard variance, and the rezoning and iot spiit could go forward. � J - �lg -3iq awiML t40�(„ � AAA PEi'ITtOt1 TO AMEND THE ZONfNG CODE Aepartinent of Planning and Ecor.ornic Developnt¢rrt Zasing Section II06 Cifj• I3a11 Annex 25 T�'est Fourtlr Street Saint Pau1, MN SSIO2 266-6589 - APPLICANT PROPERTY LOCATION Property Owner Zigmant J. Kanstul Address 1332 S. Claudina City Anaheim g�CA Z�p92805 Daytime phone Cont�ct person (if different) Ravmond L. Lemmons Address/Location 984 Hazelwood Street Legal description See attached Exhibit A (aftach additionaf sheet if necessary) � TO TNE H�N�RASLE MAYOR ANQ .CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minneso:a Statues, Zigmant J. Kanstul , the owner of all the land proposed for rezon;ng, hereay petitions you to rezone the above described property from a. R-4 zoning district to a RT-1 zoning district, for the purpose of: Subdividing the parcel and conveying the rezoned sectian to the property to the north, so that the property to the north wouid include the garage on the proposed rezoned parcel that the north property is currently using. To do thi's, the north property and the proposed rezoned parcei must be under the same zoning code. (a!tach additronal stteetjs) if necessa.ry} Attachm<nts: Required site plan ❑ Consen: petition � Subscribed and sworn to be`ore me this _�� day of �,��_, 19�j � � , �--�� Notary Pubiic Affidavit 0 l. RECENED NOV 3 1998 ZONING Fee o�r�ner of �roperty i'it(e: � / �� r'�' r ,, JENNIFER PETERSON 3 (� .� • NO7 P BL�IGCALffORN1A� � ORANGE COIiNTY n 1 coena�. �a, oac, a, sao� � Page 1 of DEG-D7-98 )D:58 DAT�: TO: fR0►rcA�nAl IIIL�' All 11+IEM0 �.aNt: IN RE: Deceruber 7, 1998 S� Paal Zou�iing Attn: Paut D. 1vlarc Schermerhorn 976 Hazler�vood We want to re-zone the north section that the barage overiaps and then deed it to Laura Kirchen. She will sign the Petition. Yt is currendy in the name of Banker's Trust. We will be recording a Trustee's Deed putting Laura Kirchen in title of 976 Hazelwood an.d then Laura will d ve a quit claim deed to Mr. �anstul. Then �vvhen the split is approved, Mr. Kan:stuC will deed back the re-zaned section to Laura Kirchen. Tf yon have any questions, please cal1. Marc Schermerhorn • s i �---4 c�q _ 3 t°� � YAti: KBMpt: OI03I65262 NA111E: l.aura Jnue Xirc6en PROP: 976 Haulwood Stroet SG Paul, MN 55306 T12UStEE'S DEED ;} KNOW ALL MEN BY TIiE55 PRESENTS, thac BANKERS TRUST COMPANY OF CALIFORI.IIA, N.A., AS TRUS1'EE FOIt VENDEE MORTGAGE TRUST 19441, WITHOUT RECOURSE, whose address is 3 Park Plaza, Irvine, CA 92? 14, Grantor, for and in consideration of Ten and 00/I �0 Dollus ($10.00) to him in hand paid and other valuable consideration, does hereby grant and con�ey so Laura June Kirc6en, their successors and assigns, Gnntee, forever, the foltowing descrihed real proQetty located in the County of Ramsey, State of Minnesora: 2, except che North 6S feet thereof, Oak Pazk, Ramsey Counry, MinnesoW, acooeding to the recorded plat thereof. �u deed is exempt from payment of state deed stamps pa�suant to Minnesota Sratutes Section 281.22. THE SELL�R CERTIFI£S THAT TfiE SELLER DOES NOT KNO W OF ANY WEI.LS ON THE AB�V£ pESCR1BED REAL PROPERTY. And said Gmnioc, for himself and his successors in such office as such, does covenanc with said Grantee, their successors a»d assigns, that he has not made, done, execnted or snffered any aM or thing wl�atscever thereby ihe above described premises or any part thereof, now, or at aay ume hereafier, shall or may be imperiled, chazged os encumbered in any manner whatscever, and the title to the abovo-granted gremises against a31 persons lawfully ciaiming thc same from, througls or under him, and the said Grantor will warrant and defend. Dated at ' � this �`day of �/ [��X1�i ,19� n Sealed and DeGvered �es�ence of: A -r^. c�:,�t�'�r � gpNKERS TRUST N.A, AS TRUS"I'EE WITHOUT RF.FOU PANY OF CALIFOFLNIA, VE2�iDEE MORTGAGE'IRUST 1444-t, By: c1t�c• �I�N�� `.� �+!�...��_ 7ax tements for the reai property described in \ J this irtstrument should be sertt to: taura J. Kirchen 984 Hazelwood Street St. Paul, MN 55106 • �T. R."�cLAGAN & SON R`l - 3 l°� Ono So�d. Aabsre SnCa� q5]-9u.t5 ,yyv;piq REC1S7'FRED 1.M'D SUAVSYORS M'as[ S[. Aut Mina 55118 �_ __ FoE KlinOwort� � ea�n Sept.29.1993 vesta 7 inc� = 30 feef _" , i� / � � �A06fa� al M� � • � �' yt UGHT PQi.E ---� CMAIrv UNK FENCE m TE�EPHONE CLOSLIRE BOx • SE7 IRON PiPE. MARKED :70. 75099 ,�erisw I•S'q� G/Pn6rla��.e% / AO I'AUL J. McCINLLY, R.L.S. eY roniry Na� �pis furreY Wu� x ropx[ wu vdl�Y nv 0� �rtlde ntY Y�HCt Wpervix�Vn al�d �� /�' �.. An� w Gui1' ll+[I»erea LsnY Surv�yer u�`<<� ��,`� LOT SPLIT REQUEST R�- _t�UL, t{. lY1.CLAlrA1V d� JU1V 9,a s,,,u, gabort s«oo� 6IN N�SOTA AEGISTERED LAND SVRVfiYOAS West SL Paul. M1nn 55138 �ST-36A5 � — �ar. Rod Kiirtdworth date� SeO�'19. �993 ccnle� ��nch = 30 teet • � , - - - �j� � LOT SPLIT REQUEST I � ( � � \ 1=31'17'2f' ` R=60.00 L=32.77 4 � I 1 Gw�c� cams b 1J wt ' ma a6 nau et pmp.ty t � ccrna. I � ( �j-- � --`¢asr �— �-- , �v.aa _ I � I � � � i .� � � � � 0 � � � r W N � I x I � a� b'� 2 x W 0 0 0 b' � z � � I \ / � FM ef (MU 4 0.a (eet \ / NuN ef IN Y 2 STORY L'� HOUSE 6AQA6£ PARCEL Arco = f i94 sy.Sf 0.2718 Ac s � G<.0! MAtL A� M.OF 4MF � p PARCEL 9 Arso = 8700 sq.ft 0.1860 Acros 19 iT caRnce �� - �, •' S I ol o� b' 0 � � � � f r � aa feae tmm. m tt ucriz ro� --- CHAIN LINK FENCE m TELEPHONE CLOSURE BOX • SET IRON PIPE, MARKED N0. 16099 i • ,PevrS�d 4-5-97 GaPA6E [aurie.v� seby certity Na[ this mssvey, Wan w reWr[ was /� PAUL d McGINLLY, R•L.S. Y�ed CS ae m �nMr aW dfrect a�D��3slon axd �R.�aJ�� g f am s dulY Re6�ste�Mt L*+fd Surveym' � K t6e 5rau ot Minnesaa A ' � SH�ED � __-----1_ 3 wo ir rv+cc �s a+ cm usr a tw[ - 45T [oe.orwec� .00�eaw.ovuvE us[Ei � � �� W � 5 STORY HOUSE e ri N � �, LJ qq-3�� Rod Kiindworfh September 29, 'f 993 sheet 2 of 2 Revised 4-15-97 for Laura Kirchen PREVIOUS DESCRlPTION OF NORTH PARCEL The south 5�.OQ feet of the north 65.00 feet ofi Lot 2, "Oak Park° according to the recorded plat thereof on file in the office of the County Recorder, Ramsey County, Minnesota. PREVIOUS DESCRIPTION OF S011TH PARCEL That part of Lot 2, "OAK PARK" which {ies south o4 the north 65 feet thereof, according to the recorded plat thereof on fi{e in the office of the county Recorder, Ramsey County, Minnesota. PROPOSED DESCRIPTION OF NEW NORTH PARCEL "A" That part of Lot 2, "OAK PARK" according to the recorded piat thereof on file in the office of the County Recorder, Ramsey County, Minnesota, which iies north of the south 54.00 feet thereof and south of the north 15 feet thereof, excepting therefrom that part of said Lot 2 which was piatted as Hazelwood 5treet by the pfat of OAK TREE PARK, as filed and recorded in said County and State. PROPOSED DESCR{PTIQN OF NEW SOUTH PARCEL u�n The south 54.00 feet of Lot 2, °OAK PARK", according to the recorded p4at thereof on file in the office of the County recorder, Ramsey County. Minnesota. . C� ZONING PETITION SUk'FICIENCY CI,�CK SHEET - REZONL�iG SCUP NCUP FIRST SUBMITTED DATE PETITION SUBMITTED: ��' i � DATE OFFICIALLY RECETVED: ( � �� PARCELS ELIGIBLE: � � PARCELSREQUIRED: YARCELS StGhED: 1 � � � DATE PETITION RESUB�fITTED: �/- 3 S� DATE OFFICIALLY RECEIV ED: / ' ` � � � p � � PARCELS ELIGIBLE: �� PARCELSREQUIRED: PARCELS SIGNED: �z CHECKED BY: � t A � ��U t 'C. � DATE: �( � �� ` � � a (�.. tJ` L.. � tlr� t lA 1� l...-- ��'" s/^�� j„r S Z4N1NG ��LE �� r- � °C`i - � 1� C� � 4. 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. 17. SUNRAY-BATTLECREEK-HIGHWOOD HAZEL PARK HADEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH END THOMAS-DALE SUMMIT-L3NIVERSITY WEST SEVENTfI COMO HAMI,INE•MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMLINE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMTT HILL DOWNfOWN Z�NING FILE '�� HAMLINE CITIZEN PARTICIPATION PIANNING DISTRICTS � i �� GREATER EAST SIDE DISTRIC7 2 �N '°° �°°° �°°° '�' - - �� - � 5C/L4 �h � FEET rz �z n �� dit9 t C� �� M AG N 0 f A � ��q _ 3l ,�, c�� E ,,� 3 . `� �; � � �� ; � �' - r � � �� °� e �� v � v d , �s �c�rr � � :` Yf� 4e v �> ' � d . � � � �Y��o�NO g� � • } � � "O �'� �, � "�' G? 3 '� t �' � a . i � �� am ,j � , � ; � Q —�-- V `t' � ,4 � '�'� C � - 9 � � "� 5�(y W�- �t�' T�' . • AVE. O � �� . \ ^ 4 d�� .,° a � / � !� � �* ' : �`A� O ni� �p' /� .. 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D(ST MAP ;,�� o one (amiiy ��^ comm�•c�a' .� � - Pr�o (amily 6 �•� �• i:�JuSI'' � � wm �l.'�90�.. �� ' jz-� 4 multiple lamity V va�,n: I f ' I" I I � � i t t i�---1--� i l i �� i � i� i� �+ � t t . � � I; i l; I! 1 T ' NAR-05-99 10:16 t I ' FRO�-Capital Title Corp +6514821662 T-648 P.02/03 F-341 °� R - 31g � ! � ' ` AFFIDAVIT :: ,�i� `,i��: ; �` � � . ' ' `" STATE OF MlNNESOTA , ,. i ,. � - `., .�F `'': I � \ � � " b , F + 1 � VO��r � 1 O� f��1J� � ie�� '� f ��F �' �' � , � . ' Mara A. Schermerhom, being du{y sworn upon oatfi says that on the 18th day _�� j,• of Fe6ruary, 1999, he recorded the attached DeClaration of Covenants, Conditions, and , Restrictians at the affice of the Ramsey County Recarder for 984 Hazelwood Street, in the City of St. PaUt, County ofi Ramsey, and State of Minnesota, {egaily described :{ ! ' :; , . as fotiows: � ` The South 50.00 feet of the North 65.00 feet of Lot 2, e` "OAK PARK" according to,the recorded plat thereaf on Ble in the office of ihe CounTy Recorder, Ramsey County, Minnesota. � 1 , � ' � . Subscribed antl sworn to before me ih � �1 day of March, i999. � 1...�-�W Y � � Notary P {ic , , � «�a�.t '. ,' . ,� � �: r� ' ' � � � .,t: ! �...;, { I � ' 2c�� r�� I .r 1 � � `! �/�,./__/ l � R • o�wN �. wo�o NQTRRYFNB[!C • NINt�OTA 4VRlGN7' OO�JtS7Y Ah CkMnmts� Etpkes Je�.31.2900 � r . 9'8 � 3 i3 0 .�� i� t : � �` i 1 ,,6i, � ��; � • �� . '4 g �',.�.��<. 1. :{i}' {! V 1�': � ` ' :'_� { . '��; r , ; i . �t . . I �� i' � ,�y� i i� i'�,.� i ;!� , 'F.�t i �! . � '�� , � � r '�' i '. r ;: y �' � � � YAR-G5-9A 10:16 1� ' � � i i FRON-Caaital Title Carp � +, � +s�iae:�sss +, 1 E ! f T-6d6 P.03l03 F-341 DgCLARATION OF COVEN.4r7'FS. CONDITlOIQS AND RES1TtIL'110Di5 � T'FT[S DECLARATtON, is made in We CauatS' af RamseY+ Slate of Mimtes �� s I'� day of Fe bWM�Sr . 1999 by T.ama June Kixchen, single, hueinafteT 8S "DCC1HtdIIt". �—� �. WHEREAS. Deda=ant ia flu ownex of zeel pxoperty i¢ the County of 12ams�Y, State of Minnesota, Iegatly descn'6ed as: ' The South 50.00 feet oF the north 65.00 feet of Lot 2, "OAK PARK" according to the recorded plat ihereof on Slc ia the office of tLe Couaty Recorder, Ramscy County. Minnesota. , AND WHBItEAS, the Dectazant iatmds to add additional pmPectY to above descdbcd pioperty, and whereas the C'rty of 9t Paul icqufres that the additionel pmperty be 7�ned and tbat a certain restrictioa be placed on the propercy. es hereinafter staced. NpW T�IEREFORE, Dec2sraat hereby declara tha! the e�cisting suucNcc on the $bove ,, describcd properiY be used for single femily purQoses only. Tkat said reshiction shall xun with, flie teat pmpaty aud be binding' on ail parties t�aving any right, titk or iaterest in the dacnbed pmpeaY oT ffiY Part thereof, theic heics, succesaors. and assigns, and shaA inure to the bencfit of each owner thcreof, IN V,7TNESS Wf�RBOF, the uadasigned, being th t her� s caused these presence to be executed UY Laura June Kiccheo. lhis day of 1999. p� 1 , I� Kfrchen STATE OF MiNNESOTA � COUN'I'Y OF TtAMSBY � ( �� ., �� On f�s�� qf��4!eZ_�999,.before me a Notazy Pnblio ia and for ssid ' wu.+•Jf P�ODd�' I}� S�j1C8YCd I.SULB �1M �. ! N lic 2Lis Insmimcm wss niaRea Er. ' r� n. s�� 1210 West Conaty ltoad & f�den Hills, MPI 55112 i , � � . ' � .nw+vn. '' � ` � ic,� gB�3�3 ��_' �' � � ��Zo+� �,.�G r 4 ` t. �• ,"'�.'.» usa �. r�at a �N� � ;,� . "'r,y„�s+ • � • ZON/N6 GILE 9'cg'3 J3 q� - 3l°� � 3anuary 11, 1999 Ms. Peg Fa�ier St. Paul Buildin� Inspector 350 St. Peter Street Suite 300 St. Paul, MN 55102 In Re: 984 Hazelwood Street Conversion of premises to single family use Dear Mt. Fuller: I am writing this letter in regazds to the inspection that took place on January 8, 1999. As per our discussion during the inspection, I Laura Kirchen agree to remove the door and door frame at the � bottom of the stairs, remove the wall between the hallway and the lower level livin� room to the left of the stairway coming from the upstairs, as well as place a restriction of record in the Ramse,y County Recorders Office stating that the property from this day forward may only be used for use as a single family dwelling. Also, as aa eed upon during the inspection, I will send pictures of the completed work to verify thz work has been completed and the home now meets the standazds for a single family dwellin�. If you have any further questions in this matter, ptease contact Mazc Schermerhorn of Lemmons R Lemmons Law Oifice at (651) 48o-�S50. Sincerely yours, � � � j �I.�t�-- aura Kirchen ec: Marc Schermerhom Zigmant Kanstul �J � � �1.UL , C��.� �.��C -� � �� Ot F-� C�� - �� l UG< <�-� cc.� l C� � ttis-�- Cl��z� cc� c , '{�-�.c�� 1 �:4� ��t� hc�� L�� 1�cc.� (,llZ� 411f , � ��x , �_� , .� , , ��;;t;,;iG.� t_-- �,� G�g � �{aZ�uJ��v/� s�, a — D�ZIG/.�/AL 5" /�✓ l /� �"«_ F — zoN1►.�G FrL� 48 • 343 i � `�� - �t`1 � city of saint paul planning commission resolution fle number 99-09 date February 11, 1999 tix/HEREAS, KANSTUL, ZIGMANT J., file # 98-313, has applied for a Rezoning under the provisions of Sections 60.410 and 60.420 of the Saint Paul Legislative Code, for the purpose of Petition to rezone from R-4 to RT-1 to allow for subdivision of property on property ]ocated at 976 HAZELWOOD STREET, legally described as EX N 65 FT lot 2 Oak Park (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 12/29/1998 and 2f4/94, 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 Sectaon 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantiatly reflected in the minutes, made the following findin�s of fact: � 1. According to records from the Ramsey County Department of Ta�ation, the house at 976 Hazel�vood (the southerly house) was constructed in 191 �. In 1990 the house at 984 Hazehvood (the northerly l�ouse) was built. The attached garage for the house at 984 �vas built across the lot line separatin� 976 and 984. At the time both houses belon�ed to the same o�vner, so no objection «'as raised. • 2. Because of the rezoning of the property at 984 Hazelwood to RT-I in 1980, the garaae is in a different zoning district from the house to �vhich it is aitached, as well as being on a different lot. According to taxation records, both homes are single family. Iio��ever, applicant's representative states that the northerly house (984) is a duplex. Building records show� tliat the building permit was for a single family structure. A letter in the file notifies the ow'ner that if the liouse is to be buili as a duplex or converted to a duplex after consituction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the City will be required to make sure it meets code requirements for a 2- family dweilin�. moved by Field . seconded by i n favor Unanimous against 4. Agplicant is selliag the southedy property at 976 Hazelwood and needs to clean up the • property division with a tot sptit, taking approximate[y 31 feet from the lot of 976 Hazelwood and attaching it to the lot of 984. Lot spliY regulations require, among other things, that no split zoning lots be created by adjusting common lot boundaries. Thus, this 3 t feet of 12-41and mast be rezoned to RT-1. 5. After the lot split, both lots will more than meet the minimum requirements for lots in their respective zoning districts. Based on a survey submitted �iith the lot split application, it appears that the detached gara�e at 976 HazeIwood �eiit be at least 3 feet from the new northerly groperty line, meetin� the R-4 standuds. The attached garage at 984 Hazelwood appears to be at least 6 feet from Yhe same propem• line. Four feet is required for a single family house, while 9 feet is req¢ired for a dupiex. ( Because the garage is attached to the main house, it must meet the setback standards for the main structure.) 6. The lot split and rezoning wili correct a problem created nearly ten years ago. RTO��,', THEIZEFORE, BE IT RESOLVED, by the Saint Paul Plannin� Commission, that under thz authority of the City`s Le�isIative Code, the application for a RezoninQ to allo«� Petition to rezone from R-4 to RT-1 to allow for subdi�•ision.of property at 976 H�ZEL�VOOD STREET is hereb}� approved; - AND, BE IT FURTHER 1ZESOLVED by� the 5aint Paul Plannina Commission, that since tfie • applicant has a�reed to maintain the house at 93� Hazel�vood as a sinsle family stnicture in order to comply u�ith the zonins and building codes and has further agreed to ptace a restriction on the dezd statin� that tfie property must be remain a single famiiy d�ae[lina, th� City Council not • approve The rezoning until evidence is presented thai such a restriction hzs been recorded by Ramsey County. � �tq - � �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission ofthe City of Saint Paul was held Friday, February 12, 1999, at 8:30 a.m. in the Conference �enter of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin, Present: Messrs. Corbey, Dandrea, Fietd, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Mmes. * and Messrs. *Johnson and *Kong Absent: zExcused Also Present: Ken Ford, Planning Administrator; Donna Drummond, Martha Faust, Nancy Frick, Tom Harren, Nancy Homans, Patricia James, Larry Soderholm and Jim Zdon, Department of Planning and Economic Development staff. I. Approval of Min,�tes ofJanuary 8& Jlnuary 22, 1999 � MOTION: Commissioiter Field n:oved �Tpprova! ojtlee minutes of Jai:uary 8 a�:d January 22, 1999; Comn:issioreer Faricy secoi:ded the n:otios w/eic/t carried unanin:ously on a voice � vote. II. Chair's Announcements Chair Morton announced that following this meetinJ, the Commission «ill be walking over to the Seventh Place Mall to look at the buildinas that have been designated as historia Mr: Aaror Rubenstein �vill accompany to point out some of the reasons �vhy they have been de'signated for historic preservation. ITI. Planning Aclministrator's Announcements Mr. Ford announced that the City Council will hold a policy discussion meeting this next . �Vednesday. The focus of this mee[ing �aill 6e tlie "Housing° Chapter of tUe Comprehensive Plan. There will be a staff presentation on the "Summary and General Policy" of the Comprehensive Plan; tl�ere will be a brief presentation on the "Implementation" Chapter; then extensive pubiic comment: 45 minutes on affordable housing; 45 minutzs on exisiin� housin� stock; and another 45 minutes on new construction. The City Council �cill follow up with their o��•n discussion and action on The "Housin� Plan" afrer that in subsequent meeYings. The City Council has set the public hearine, which is joint with the Planning Commission, on March 24, for the Ayd MiV{ Road Em�ironmental Impact Statement. C� The City Council this week passed a reso(ution extending the moratorium on pawn shop development for another 30 days. Next week the City Council will have on their agenda the Planning Commission's � recommendation for modifications to the regulations on pawn shops, with some additionat modifications of their own. IV. Zoning CommitteQ #98-309 St. Anthonv Park Communiri• Council - Appeal of an administrative approvai of a site plan for an automobite convenience store at the noRhwest corner of Kasota Avenue & Highway 280 (Donna Drummond, 266-6556). Commissioner Field noted that there was a motion that the fee be waived because as a result of the appeal, several changes were made to the site plan. MOTION: Commissioner Field moverl deninl of tl:e appea! and approva! of the site plan for ar: automobile co�:venieEice store at f/:e northwest carner ojSasota.4venue and Highway 280 with condifions, wJ:ic1: carried unanimously on a voice vote. #98-313 Ziamant J. Kanstul - Rezone property from R-4 (one-family residential) to RT-1 (t�vo-famity residentiat) to allo�v for subdivision of property at 976 Hazelwood Street (at Case Ave intersection) Patricia James, 266-6639. Patricia James handed out the subsfitute resolution for Zigmant J., Kanstul, which amends the ori�inal resolution to say tl�at the Plannin� Commission recommends that the City Council not . approve the rezonin� until ihe deed restriction stating that tl�e property must remain a single family dwelling is recorz�ed with �Ram�ey County. MOTIO\: Conznrissioner Field nroved approva! oja reguest to reZOr:e property at 976 HaZelwood Street franz R-4 (one family resirleirtia!) to RT-I (two frrnrily residentia() to allow• for subdivisiors of property, aad ihat ihe Crty Canaci! nat approvelhe rezonii:g until evidence is presented tlrat a tleed restriclion stating that Ure property musl ren{ain a single family dwelling kas been recorded by Ranrsey Co�uity, w/tich carrietl unanimotrsly on a vaice vote. #98-323 Cann Industries Limited - Special condition use permit to allo�v for Ryder Trs, Inc. which will operate a corporately o�vned store to lease or rent trucks, motor homes & automobiles at ] 061 University Avenue (between Oxford & Lexington) - Donna Drummond, 266-6556. Commissioner Field stated that afcer some discussion, the Zoning Committee moved to lay this matter over to the nest meetin„ Februar}• 1 S, 1999, so that the district councii and Ryder Trs, Inc. have an opportunity to discuss appropriate conditions to make the proposed project more acceptable, if it is passed. �95-32� CaIvin's Tnc. - Special condi[ion use permit to aliow for shared commeccial parkine in an institutional lot at 242 Sevenih Street «�est (bet�veen Walnut & Chestnut) Vine Park Parking lot located on Chestnut Street - Martha Faust, 266-6572. � 2 MINUTES OF THE ZONING COMMITTEE Thursday, February 4, 1999 - 3:30 p.m. • City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: • L� Engh, Faircy, field, Gervais, Kramer, Morton, and Nowlin 1��1«�s� Carol Martineau, Patricia James, and Larry Soderholm of PED OTHERS PRESENT: The meeting was chaired by Commissioner Field. �l� -��q ZIGNfANT J. KANSTUL - Zoning File 98-313 - Rezone property from R-4 (one-famify residentiai) to RT-1 (two-family residential) to allow for subdivision of property. Patricia James read the staff report and showed siides. Commissioner Morton asked if the oniy thing we are looking at today is the lot spiit and the rezoning. Patricia James stated the lot spfit can be approved by staff, once the rezoning goes through, because there won't be spiit zoning on that one lot. Commissioner Kramer stated that the rezoning is R-4 to RT-1. Mark Schermerhorn ctarified the restrictions on the property, "only upon approval by the City of St. Paui", will the property by used for a duplex. Patricia James stated the problem with using tfie property for a dupiex and approving the lot split is because the garage is attached to the main structure. They have to meet side yard set backs for the main structure for a two family home, the minimum set back is nine feet, and what they have is six feet. So if it is a singie family home tfiey meet alI the conditions, we can approve the lot split and rezoning. If at some later date they want to convert the house at 984 Hazeiwood to a dupiex, they would have to go in for a variance. Commissioner Kramer asked if the language has been placed on the deed, and if Mark Schermerhorn has a copy of it that the commission could have. Mark Schermerhorn provided a copy. Commissioner Faricy asked if it wouldn't be better to go back and approve this as a duplex. Patricia James stated that the issue with approving this as a duplex is that the house doesn't meet the buitding code as a duplex and the applicant at this point isn't wiiling to spend the money that would be required to bring it info conformance with the duplex standards. if the father wants to convert it to a duplex at sometime, they stiil wouid be faced with those expenses, and they would have to apply for a variance. Zoning Committee Minutes February 4,1999 98-313 Page 2 Mr. Kramer stated that it seems if we approve the lot split and rezoning, we are directing the Board of Zoning Appeals to approve the variance if the applicant should apply at a future date t� create a duplex, and i don't think that this is the intent. There seem to be two issues here: 1. Can he seil the property. 2. If the owners want to use this as a duplex by changing the zoning, we are making it possible to apply for a variance. The sale of the home could be allowed if we were rezoning the first property from RT-1 to R-4, rather than the second property from R-4 to RT1. Mark Schermerhorn sfated that he would be wilting to add a restriction thaf the property would be used as a singie family dwelling only. Commissioner Kramer suggested that the owner of the other property rezone that property, then we don'f have to attach any covenants to any deeds at aI( and that wou(d stifl a(low division for tfie garage. Mr. Soderhoim stated the applicant in this case has been working at this for one and one-half years. She submitted one petition that we turned down, because it was submitted with signatures over one year oid, and she did another petition. The staff doesn't have any objections to making this lot a dupiex if at some future point they are able to comply with ali the building code requirements, and if they get a variance from the Board of Zoning Appeals. � On that culdesac, about half the properties are dupfex and half are singie family. Commissioner Kramer stated the difference is this property is on a culdesac, which has limited parking, because all of the houses have driveways that enter off of the culdesac and so i don't think we should sef up a situation where it is further exacerbated with more duplexes that have to get variances. If the applicant wants to put a condition on there that it will be used as a singie family home, that is acceptable to me. Mark 5chermerhorn stated that the house does meet the parking requirements for a dupiex in that area. The reason we have to get this done is that Mr. Kansful has a Corttract for Deed to sell the property at 976 Hazelwood; when the contract expires he witl be liable to the purchaser on the Contract for Deed, if he cannot give a ciear title, for any damages that the person sustained. Commissioner Kramer moved that we recommend rezoning of the property provided that the covenant restricfion fias been made subject to tfie City Attorney's review. Commissioner Morton seconded it. Adopted Drafted by: "�( ,ik A LN' 1 1�ZCl/�.�i�.a,Lv ca�o� Mart neau Recording Secretary Yeas - 7 Nays - 0 Sub itted by: Patricia James Zoning Section Aaproved by: • • • �� OR1GI�#AL Presented By ��7L � 4 �YR 93HSIl9fld council File # ��-3��. Ordinance # Green Sheet # �� l0 0 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Referred To Committee: Date �� 1 An ordinance amending Chapter 60 of the Saint Paul I.egislative Code pertaining to zoning for the Ciry of 2 Saint Paul and the zoning maps thereof: 4 WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the L,egislative Code, KANSTUL, 5 ZIGMANT J. duly petitioned to rezone 976 HAZELWOOD STREET being legally described as EX N 65 6 FT lot 2 Oak Park (see file) from R-4 to RT-1 to allow for subdivision of properry, the peution having 7 been certified by the Planuiug Division on December 1, 1998 as having been consented to by at least 67% 8 of the owners of the area of the properiy to be rezoned, and further having been consented to by at least 9 two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one 10 year proceeding the date of the petition; and 11 12 WHEREAS, The Zoning Committee of the Plamiing Commission on 12/29/1998, held a public hearing for 13 the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, 14 submitted its recommendation to the Planning Commission that the petition be granted; and 15 16 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on 2/14 /1999 17 and recommended that the City Council approve the petition; and 18 19 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 20 published in the official newspaper of the Ciry on 3/24/99, and notices were duly mailed to each owner of 21 affected property and property situated wholly or partly within 350 feet of the property sought to be 22 rezoned;and 23 24 WHEREAS, a public hearing before the City Council having been conducted on 4/7 /1999, where all 25 interested parties were heard, the Council having considered all the facts and recommendations concerning 26 27 28 29 30 31 32 33 34 the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 85, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 976 HAZELWOOD STREET, being more particularly described as: 35 36 37 38 39 40 41 42 EX N 65 FT lot 2 Oak Park (see file) be and is hereby rezoned from R� toRT-1 Section 2. �q_�� This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. i.t iz� ��/'►� �[IRIISNFft �� ..., 43 Yeas mays .�bsent 44 Benanav Requested by Department of: 4J Blakey 46 Bostrom Plannin & Economic De�elo�ment ✓ 47 coi�an .. 48 Harr�s $y: � �... 49 Lancn, ✓ 50 Reiter �� 51 J Form Approved by City Attorney 53 Adopted by Council: Date Q��,_�� 54 �.��Tr�,L✓�✓�v�-�- �/ <- 5 � 56 Adoption Certif' d by Council Secretary $Y� Jra� BY � �� T ""� i Approved b 60 Approved by Mayor: Date i 7C/ �y 61 By: � � By�. PSDJHortheast Team Patricia Sames 6-6639 9pri1 7, 1999 3/26{99 � TOTAL # OF SIGNATURE PAGES 1 GREEN SHEET wr.xnmrt oaecro. .. - . ,. . . � ;°_� ancowti � ��,.� i� �C-� _a� � �,«.� ❑ wuwnusFxxeESOV� ❑ r.,,wr,.i.mmxc.c _ a Wroa�� / � ' ❑1 Ken Foxd (CL1P ALL LOCATIONS FOR SIGNATURE) Adopt an ordinanceto finalize council approval of a petition from Zigmant ICanstul to rezone property at 976 Hazelwood Street from R-4 to RT-1 (public hearing to be held April 7, 1499). �,-- iUAI IV IV AQ{1foVE (P) Of K2J2C[ (KJ PERSONAL SERVICE C�NiRNCiS MUST ANSWER iHE FOLLAW4NG QUE5720NSs 1. Yfas this persoNfirm eve/ wotked under a con4act fw this depertmeM? PLANNING CAMMISSION veS No CIB COMMIITEE 2. Has ihis perso�rtn e�.er been a ciry empbyee'! CIVILSERVICECOMMISSION vE5 NO ZOIIIII¢ Committee 3. Dces this persorVfi�m possess a sidll not �wrmalrypossessetl by airy curreM city employee? Staf£ vES No 4. Is U�is peisoMnn a targeted ventlo(t YES NO 6qilain al1 Y�%answers an separate sheet and attach to green aheet 208LEM ISSUE, OPPORlUN17V (Wiw, What, When, Where, Whri Approve petition to rezane property from R-4 to &T-1 to allow for subdivision of groperty. IF APPROVED �:�''�'.. fi x' p; 4 F �� $�°'x �'E,s ��. u 6 �'�R.':.:.cs� N'Pii�L � J ib7� fOTAI AI'AOUNT OF TRANSACTION L LNOING SOURCE WSTIitEVENIlE BU06EfED (GRCLE 011� ACTNITYNURIBER YES NO INANCIAL klFORMATION (E%PWN) q.q -� iy From: To: Date: Subject: Pat James CAO.Attorney. m ccorm ic 3/26/99 4:10pm Zigmant Kanstul Rezoning - File # 98-313 As you recall, the City Councif public hearing on this case had to be laid over for 2 weeks because notice was not published in the Legal Ledger. Usual practice with rezonings is that the City Council holds the public hearing, then the ordinance is prepared, it goes through 4 readings, and then it is published in the Legal Ledger and takes effect 30 days later. Because there is a woman trying to purchase 976 Hazelwood (from where the land to be rezoned is being taken and joined with 984 Hazelwood) who cannot finalize her mortgage until the rezoning is approved, we are trying to expedite this process somewhat. I would like to have the public hearing and first reading of the ordinance on April 7. This is not the usual practice with rezonings; however, since the public hearings for most ordinances are at the third reading, it doesn't seem that unusuai. Let me know if there are legal problems with doing it this way. Thanks. CC: soderhol, CCouncil.COUNClL.nancya �� —., � � � � � �. �.�� - � DEPARTMENT OF PLANMNG & ECONOMIC DEVELOPMENT Br:¢n Sweeney, Interim Director CI'TY OF SAIN'I' PAUL Norm Coleman, Mayor ?� West Fowth Street Saint Paul, �LiN Si102 �j� _ 3 l� 5'} Telephone: 612-266-6655 Facsimile: 612-228-3261 'c."�'.. . , . _.. ,�.. _�„ Mazch 1, 1999 Ms. Nancy Anderson City Council Reseazch OfFice Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I :� E � � �� Z would like to confirm that a public hearing hefore the City Council is scheduled for Wednesday Mazch 24, 1999 for the following zoning case; Applicant: ZIGML)NTJ.KANSTiJL File Number: #98-313 Purpose: Rezone property from R-4 to RT-1 to allow for subdivision of properry Address: 976 Hazelwood Street Legal Description of Property: 5ee file Previous Action: Planning Commission Recommendation: Approval, vote: unanimous, February 12, 1999 Zoning Committee Recommendation: Approval, vote: 6-0, February 4, 1999 My understandinn is that this public hearing request will appear on the agenda for the March 24, 1998 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. Since ]y, '�-� / ^ J ��c. Z�_�, Patricia James City Planner cc: File #98-313 Paul Dubruiel Carol Martineau NOTICE pF PUSLIC HEARINp The Saint Paul City Conncil wiil con- duct a public hearing on Wednesday, March 24, and Wednesday, �April - 7, 1999, at 5:30 p.m. in the City Council Chambers, Third Floor, City Ha1]-Covrt Aouse to consider the application of Zigmvnt J. I[anstul to rezone property at 976_Hazelwood Street &om R-4 to RT-I to a37ow for snbdivision of the property. Dated: March 23, 1999 NANCYANDERSOPY� . Assistsnt Ciry Council Secsetary . , {Maz. 241 'ec '_ ST. PAUL LEGi1L LEDGER =_'"- q4- 3tg ZONlNG COMMITTEE STAFF REPORT • ____________________________ FILE # 98-313 1. APPLICANT: KANSTUL, ZIGMANT J. DATE OF HEARING: 12/29/98 2. CLASSIFICATION: Rezoning • • 3. LOCATION_ 976 HAZELWOOD STREET 4. PLANNING DISTRICT: 2 5. LEGAL DESCRIPTION: EX N 65 FT lot 2 Oak Park (see file) 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: 7. STAFF INVESTIGATION AND REPORT: DATE: 12/17/98 § 60.410; § 60.420; § 61.101; § 67.304 BY: Pauicia James 8. DATE RECENED: 1 U25/98 DEADLINE FOR ACTION: i/29/99 A. PURPOSE: Petition to rezone from R-4 to RT-1 to allow for subdivision of properry B. PARCEL SIZE: 31 feet (Hazelwood) x 150 feet =4650 sq. ft. C. EXISTING LAI3D USE: attached garage for residence at 984 Hazelwood D. SURROUNDING LAND L3SE: North: Residential (RT-1) East: Residential (R-4) South: Residential (R-4) West: Residential (RT-1) E. ZONING CODE CITATION: §60.410 governs uses in single family residential zones; §60.420 govems uses in the RT-1 district; §61.101 regulates lot size and setbacks for residential uses; § 67.304 sets standards for lot splits. F. HISTORY/DISCUSSION: In 1981 the property described as "That properry located on the East side of Hazelwood Street between the Chicago, St. Paul, Minneapolis and Omaha Railroad tracks and Case Avenue, being more particularly described as Except for street; Lot 1 and N 65' of Lot 2 and the vacated sueet accruing, Oak Park Addition" was rezoned from R-4 Single Fatnily to RT-1 Two Family residential. (Zoning File 8902). Zoning File 98-313 . page 2 G. DISTRICT COUNCII, RECOMMENDATION: The District 2 Council recommends approval of the rezoning of only the land to be combined with the northerly property and then only if the northerly house complies with all aspects of the zoning code, i.e. is a legal duplex registered with the City or a single family residence. H. FINDINGS: According to records from the Ramsey Counry Department of Taxation, the house at 976 Hazelwood (the southerly house) was constructed in 1910. In 1990 the house at 984 Hazelwood (the northerly house) was built. The attached gazage for the house at 984 was built across the lot line separating 976 and 984. At the time both houses belonged to the same owner, so no objection was raised. 2. Because of the rezoning of the property at 984 Hazelwood to RT-1 in 1980, the garage is in a different zotting district from the duplex to which it is attached, as well as being on a diffecent lot. 3. According to taYation records, both homes are single famIIy. However, applicant's representative states that the northerly house (984) is a duplex. $uilding records show that the buIlding permit was for a single faznily structure. A letter in the file notifies • the owner that if the house is to be built as a duplex or converted to a duplex after construction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the Ciry will be required to make sure it meets code requirements for a 2-family dwelling. 4. AppIicant is seIIing the southerly property at 97fi Hazelwood and needs to clean up the properiy division with a lot split, taking approximately 31 feet from the lot of 476 Aazelwood and attaching it to the lot of 984. Lot spiit regulations require, acnong other things, that no spiit zoning lots be created by adjusting common lot boundaries. Thus, this 31 feet of R-4 land must be rezoned to RT-1. 5. After the Iot split, both lots wiil more than meet the minitnum requirements for lots in their respective zoning districts. Based on a survey submitted with the lot spfit appiication, it appears that the detached garage at 976 Haze2woocl will be at least 3 feet from tlie new northerly property line, meeting the R-4 standards. The attached garage at 984 Hazelwood appears to be at least 6 feet from the same property line. Four feet is required for a single family house, while 9 feet is required for a duplex. ( Because the garage is attached to the main house, ii must meet the setback standards for the main structure.) 6. The lot split aad rezoning will correct a problem created nearly ten years ago. • `1�t - 3 �`� � � Zoning File 98-313 page 3 ?. The status of the house at 984 Hazelwood must be clarified. If the house is a duplex, a variance for the side yard setback at 984 Hazelwood must be approved by the Board of Zoning Appeals before the lot split can be approved. &. The applicant's representative has been notified that the status of 984 Hazelwood must be clarified before the rezoning can proceed. I. STAFF RECOMMENDATION: Based on fmdings 1- 8, staff recommends that the rezoning be laid over until the status of the house at 984 Hazelwood is clarified. If the house is a single family dwelling, staff recommends approval based on fmdings 1- 6. If the house is a duplex, staff recommends that the rezoning be delayed until the legality of the duplex is clarified, and a variance of the minimum side yazd setback is obtained. • DEPARTMENT OF PLANNIIQG & ECONOMIC DEVELOPMEN7' Pamela Whee7ock Drreclor CTI'Y OF SAINT PAUL Norm Co7eman, Mayor w� � , DATE: December 29, 1998 TO: Zoning Committee � FROM: Patricia James � 15 West Faurrh Street Saint Paul, MNSSIO2 `l° _'�� Telephane: 651-266-6626 Facsimile:651 •228-33A7 RE: ZONING FILE # 98-313 SUPPLEMEI3TAL INFORMATION On December 24, 1998, Peg Fuller from the Office of License, Inspections, and Environmental Protection inspected the house at 984 Hazelwood. Her determination is that it is a duplex and it is not in conformance with the building code. Her recommendation is that the rezoning and lot split only be approved with conditions that the duplex be brought into compliance with the building code. She noted that the applicant was informed in 1940 ihat additional requirements were needed to make the home a duplex. Ms. Fuller also notes that the garage permit issued in 1993 was issued in enor, since the garage extended over the lot line. This was an esor even though both lots were then under the same ownership. Laura Kirchen, the applicant for the rezoning, s[ates that her home is a split entry, and that the lower level is not a separate unit. Through her representative, she has stated that her goal is to eventualiy use the entire structure and no longer rent a portion of it. The Zotung Code uses the following defuntions: §60.204 D Dwetling, one family. A building designed exclusively for and occupied exclusively by one family in one dwelling unit. Dwelling, nvo family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other in two (2) separate dwelling uniu. Dwelling unit. A building, or portion thereof, designed for occupancy hy one family for residential purposes used or intended to be used for living, sleeping, and cooking or eating purposes. §60.206. F. Family. One or two (2) persons or parents, with their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereofl together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a singie housekeeping unit. Every additional group of four (4) or fewer persons � Iiving in such housekeeping unit shail be considered a separate family for the purpose of this code. §67.304-306 describes the process for approving a lot split or adjustment of common boundary. Since the structure has been determined to be a duplex; approval of ttte lot split will create a nonconforming structure (9 ft. setback required; 6 ft. existing}. §67.306 (bJ requires ffie Board of Zoning Appeals to ho2d a public hearing on the variance request. In this instance, the Planning Commission may act as the Boazd of Zoning Appeals an3 consider the variance. Ms. Kirchen can bring the home into compliance in one of two ways: 1. She can work bring the unit in the Iower Ievel into comgliance with the building code; thus creating a legal duplex. The home has sufficient lot area, the vaziance of 3 feeC for the side yard could then be approve@ by the Planning Commission and City Councii as part of the rezoning and lot split. Bringiug the home into compliance with the zoning ' and building codes would make the home easier to sell in the future. 2. The home could be altered in such a way as to satisfy tUe building officials that it is a true single famity home. There would then be no need for a side yard variance, and the rezoning and iot spiit could go forward. � J - �lg -3iq awiML t40�(„ � AAA PEi'ITtOt1 TO AMEND THE ZONfNG CODE Aepartinent of Planning and Ecor.ornic Developnt¢rrt Zasing Section II06 Cifj• I3a11 Annex 25 T�'est Fourtlr Street Saint Pau1, MN SSIO2 266-6589 - APPLICANT PROPERTY LOCATION Property Owner Zigmant J. Kanstul Address 1332 S. Claudina City Anaheim g�CA Z�p92805 Daytime phone Cont�ct person (if different) Ravmond L. Lemmons Address/Location 984 Hazelwood Street Legal description See attached Exhibit A (aftach additionaf sheet if necessary) � TO TNE H�N�RASLE MAYOR ANQ .CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minneso:a Statues, Zigmant J. Kanstul , the owner of all the land proposed for rezon;ng, hereay petitions you to rezone the above described property from a. R-4 zoning district to a RT-1 zoning district, for the purpose of: Subdividing the parcel and conveying the rezoned sectian to the property to the north, so that the property to the north wouid include the garage on the proposed rezoned parcel that the north property is currently using. To do thi's, the north property and the proposed rezoned parcei must be under the same zoning code. (a!tach additronal stteetjs) if necessa.ry} Attachm<nts: Required site plan ❑ Consen: petition � Subscribed and sworn to be`ore me this _�� day of �,��_, 19�j � � , �--�� Notary Pubiic Affidavit 0 l. RECENED NOV 3 1998 ZONING Fee o�r�ner of �roperty i'it(e: � / �� r'�' r ,, JENNIFER PETERSON 3 (� .� • NO7 P BL�IGCALffORN1A� � ORANGE COIiNTY n 1 coena�. �a, oac, a, sao� � Page 1 of DEG-D7-98 )D:58 DAT�: TO: fR0►rcA�nAl IIIL�' All 11+IEM0 �.aNt: IN RE: Deceruber 7, 1998 S� Paal Zou�iing Attn: Paut D. 1vlarc Schermerhorn 976 Hazler�vood We want to re-zone the north section that the barage overiaps and then deed it to Laura Kirchen. She will sign the Petition. Yt is currendy in the name of Banker's Trust. We will be recording a Trustee's Deed putting Laura Kirchen in title of 976 Hazelwood an.d then Laura will d ve a quit claim deed to Mr. �anstul. Then �vvhen the split is approved, Mr. Kan:stuC will deed back the re-zaned section to Laura Kirchen. Tf yon have any questions, please cal1. Marc Schermerhorn • s i �---4 c�q _ 3 t°� � YAti: KBMpt: OI03I65262 NA111E: l.aura Jnue Xirc6en PROP: 976 Haulwood Stroet SG Paul, MN 55306 T12UStEE'S DEED ;} KNOW ALL MEN BY TIiE55 PRESENTS, thac BANKERS TRUST COMPANY OF CALIFORI.IIA, N.A., AS TRUS1'EE FOIt VENDEE MORTGAGE TRUST 19441, WITHOUT RECOURSE, whose address is 3 Park Plaza, Irvine, CA 92? 14, Grantor, for and in consideration of Ten and 00/I �0 Dollus ($10.00) to him in hand paid and other valuable consideration, does hereby grant and con�ey so Laura June Kirc6en, their successors and assigns, Gnntee, forever, the foltowing descrihed real proQetty located in the County of Ramsey, State of Minnesora: 2, except che North 6S feet thereof, Oak Pazk, Ramsey Counry, MinnesoW, acooeding to the recorded plat thereof. �u deed is exempt from payment of state deed stamps pa�suant to Minnesota Sratutes Section 281.22. THE SELL�R CERTIFI£S THAT TfiE SELLER DOES NOT KNO W OF ANY WEI.LS ON THE AB�V£ pESCR1BED REAL PROPERTY. And said Gmnioc, for himself and his successors in such office as such, does covenanc with said Grantee, their successors a»d assigns, that he has not made, done, execnted or snffered any aM or thing wl�atscever thereby ihe above described premises or any part thereof, now, or at aay ume hereafier, shall or may be imperiled, chazged os encumbered in any manner whatscever, and the title to the abovo-granted gremises against a31 persons lawfully ciaiming thc same from, througls or under him, and the said Grantor will warrant and defend. Dated at ' � this �`day of �/ [��X1�i ,19� n Sealed and DeGvered �es�ence of: A -r^. c�:,�t�'�r � gpNKERS TRUST N.A, AS TRUS"I'EE WITHOUT RF.FOU PANY OF CALIFOFLNIA, VE2�iDEE MORTGAGE'IRUST 1444-t, By: c1t�c• �I�N�� `.� �+!�...��_ 7ax tements for the reai property described in \ J this irtstrument should be sertt to: taura J. Kirchen 984 Hazelwood Street St. Paul, MN 55106 • �T. R."�cLAGAN & SON R`l - 3 l°� Ono So�d. Aabsre SnCa� q5]-9u.t5 ,yyv;piq REC1S7'FRED 1.M'D SUAVSYORS M'as[ S[. Aut Mina 55118 �_ __ FoE KlinOwort� � ea�n Sept.29.1993 vesta 7 inc� = 30 feef _" , i� / � � �A06fa� al M� � • � �' yt UGHT PQi.E ---� CMAIrv UNK FENCE m TE�EPHONE CLOSLIRE BOx • SE7 IRON PiPE. MARKED :70. 75099 ,�erisw I•S'q� G/Pn6rla��.e% / AO I'AUL J. McCINLLY, R.L.S. eY roniry Na� �pis furreY Wu� x ropx[ wu vdl�Y nv 0� �rtlde ntY Y�HCt Wpervix�Vn al�d �� /�' �.. An� w Gui1' ll+[I»erea LsnY Surv�yer u�`<<� ��,`� LOT SPLIT REQUEST R�- _t�UL, t{. lY1.CLAlrA1V d� JU1V 9,a s,,,u, gabort s«oo� 6IN N�SOTA AEGISTERED LAND SVRVfiYOAS West SL Paul. M1nn 55138 �ST-36A5 � — �ar. Rod Kiirtdworth date� SeO�'19. �993 ccnle� ��nch = 30 teet • � , - - - �j� � LOT SPLIT REQUEST I � ( � � \ 1=31'17'2f' ` R=60.00 L=32.77 4 � I 1 Gw�c� cams b 1J wt ' ma a6 nau et pmp.ty t � ccrna. I � ( �j-- � --`¢asr �— �-- , �v.aa _ I � I � � � i .� � � � � 0 � � � r W N � I x I � a� b'� 2 x W 0 0 0 b' � z � � I \ / � FM ef (MU 4 0.a (eet \ / NuN ef IN Y 2 STORY L'� HOUSE 6AQA6£ PARCEL Arco = f i94 sy.Sf 0.2718 Ac s � G<.0! MAtL A� M.OF 4MF � p PARCEL 9 Arso = 8700 sq.ft 0.1860 Acros 19 iT caRnce �� - �, •' S I ol o� b' 0 � � � � f r � aa feae tmm. m tt ucriz ro� --- CHAIN LINK FENCE m TELEPHONE CLOSURE BOX • SET IRON PIPE, MARKED N0. 16099 i • ,PevrS�d 4-5-97 GaPA6E [aurie.v� seby certity Na[ this mssvey, Wan w reWr[ was /� PAUL d McGINLLY, R•L.S. Y�ed CS ae m �nMr aW dfrect a�D��3slon axd �R.�aJ�� g f am s dulY Re6�ste�Mt L*+fd Surveym' � K t6e 5rau ot Minnesaa A ' � SH�ED � __-----1_ 3 wo ir rv+cc �s a+ cm usr a tw[ - 45T [oe.orwec� .00�eaw.ovuvE us[Ei � � �� W � 5 STORY HOUSE e ri N � �, LJ qq-3�� Rod Kiindworfh September 29, 'f 993 sheet 2 of 2 Revised 4-15-97 for Laura Kirchen PREVIOUS DESCRlPTION OF NORTH PARCEL The south 5�.OQ feet of the north 65.00 feet ofi Lot 2, "Oak Park° according to the recorded plat thereof on file in the office of the County Recorder, Ramsey County, Minnesota. PREVIOUS DESCRIPTION OF S011TH PARCEL That part of Lot 2, "OAK PARK" which {ies south o4 the north 65 feet thereof, according to the recorded plat thereof on fi{e in the office of the county Recorder, Ramsey County, Minnesota. PROPOSED DESCRIPTION OF NEW NORTH PARCEL "A" That part of Lot 2, "OAK PARK" according to the recorded piat thereof on file in the office of the County Recorder, Ramsey County, Minnesota, which iies north of the south 54.00 feet thereof and south of the north 15 feet thereof, excepting therefrom that part of said Lot 2 which was piatted as Hazelwood 5treet by the pfat of OAK TREE PARK, as filed and recorded in said County and State. PROPOSED DESCR{PTIQN OF NEW SOUTH PARCEL u�n The south 54.00 feet of Lot 2, °OAK PARK", according to the recorded p4at thereof on file in the office of the County recorder, Ramsey County. Minnesota. . C� ZONING PETITION SUk'FICIENCY CI,�CK SHEET - REZONL�iG SCUP NCUP FIRST SUBMITTED DATE PETITION SUBMITTED: ��' i � DATE OFFICIALLY RECETVED: ( � �� PARCELS ELIGIBLE: � � PARCELSREQUIRED: YARCELS StGhED: 1 � � � DATE PETITION RESUB�fITTED: �/- 3 S� DATE OFFICIALLY RECEIV ED: / ' ` � � � p � � PARCELS ELIGIBLE: �� PARCELSREQUIRED: PARCELS SIGNED: �z CHECKED BY: � t A � ��U t 'C. � DATE: �( � �� ` � � a (�.. tJ` L.. � tlr� t lA 1� l...-- ��'" s/^�� j„r S Z4N1NG ��LE �� r- � °C`i - � 1� C� � 4. 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. 17. SUNRAY-BATTLECREEK-HIGHWOOD HAZEL PARK HADEN-PROSPERITY HILLCREST WEST SIDE DAYTON'S BLUFF PAYNE-PHALEN NORTH END THOMAS-DALE SUMMIT-L3NIVERSITY WEST SEVENTfI COMO HAMI,INE•MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMLINE-SNELLING MACALESTER GROVELAND HIGHLAND SUMMTT HILL DOWNfOWN Z�NING FILE '�� HAMLINE CITIZEN PARTICIPATION PIANNING DISTRICTS � i �� GREATER EAST SIDE DISTRIC7 2 �N '°° �°°° �°°° '�' - - �� - � 5C/L4 �h � FEET rz �z n �� dit9 t C� �� M AG N 0 f A � ��q _ 3l ,�, c�� E ,,� 3 . `� �; � � �� ; � �' - r � � �� °� e �� v � v d , �s �c�rr � � :` Yf� 4e v �> ' � d . � � � �Y��o�NO g� � • } � � "O �'� �, � "�' G? 3 '� t �' � a . i � �� am ,j � , � ; � Q —�-- V `t' � ,4 � '�'� C � - 9 � � "� 5�(y W�- �t�' T�' . • AVE. O � �� . \ ^ 4 d�� .,° a � / � !� � �* ' : �`A� O ni� �p' /� .. 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D(ST MAP ;,�� o one (amiiy ��^ comm�•c�a' .� � - Pr�o (amily 6 �•� �• i:�JuSI'' � � wm �l.'�90�.. �� ' jz-� 4 multiple lamity V va�,n: I f ' I" I I � � i t t i�---1--� i l i �� i � i� i� �+ � t t . � � I; i l; I! 1 T ' NAR-05-99 10:16 t I ' FRO�-Capital Title Corp +6514821662 T-648 P.02/03 F-341 °� R - 31g � ! � ' ` AFFIDAVIT :: ,�i� `,i��: ; �` � � . ' ' `" STATE OF MlNNESOTA , ,. i ,. � - `., .�F `'': I � \ � � " b , F + 1 � VO��r � 1 O� f��1J� � ie�� '� f ��F �' �' � , � . ' Mara A. Schermerhom, being du{y sworn upon oatfi says that on the 18th day _�� j,• of Fe6ruary, 1999, he recorded the attached DeClaration of Covenants, Conditions, and , Restrictians at the affice of the Ramsey County Recarder for 984 Hazelwood Street, in the City of St. PaUt, County ofi Ramsey, and State of Minnesota, {egaily described :{ ! ' :; , . as fotiows: � ` The South 50.00 feet of the North 65.00 feet of Lot 2, e` "OAK PARK" according to,the recorded plat thereaf on Ble in the office of ihe CounTy Recorder, Ramsey County, Minnesota. � 1 , � ' � . Subscribed antl sworn to before me ih � �1 day of March, i999. � 1...�-�W Y � � Notary P {ic , , � «�a�.t '. ,' . ,� � �: r� ' ' � � � .,t: ! �...;, { I � ' 2c�� r�� I .r 1 � � `! �/�,./__/ l � R • o�wN �. wo�o NQTRRYFNB[!C • NINt�OTA 4VRlGN7' OO�JtS7Y Ah CkMnmts� Etpkes Je�.31.2900 � r . 9'8 � 3 i3 0 .�� i� t : � �` i 1 ,,6i, � ��; � • �� . '4 g �',.�.��<. 1. :{i}' {! V 1�': � ` ' :'_� { . '��; r , ; i . �t . . I �� i' � ,�y� i i� i'�,.� i ;!� , 'F.�t i �! . � '�� , � � r '�' i '. r ;: y �' � � � YAR-G5-9A 10:16 1� ' � � i i FRON-Caaital Title Carp � +, � +s�iae:�sss +, 1 E ! f T-6d6 P.03l03 F-341 DgCLARATION OF COVEN.4r7'FS. CONDITlOIQS AND RES1TtIL'110Di5 � T'FT[S DECLARATtON, is made in We CauatS' af RamseY+ Slate of Mimtes �� s I'� day of Fe bWM�Sr . 1999 by T.ama June Kixchen, single, hueinafteT 8S "DCC1HtdIIt". �—� �. WHEREAS. Deda=ant ia flu ownex of zeel pxoperty i¢ the County of 12ams�Y, State of Minnesota, Iegatly descn'6ed as: ' The South 50.00 feet oF the north 65.00 feet of Lot 2, "OAK PARK" according to the recorded plat ihereof on Slc ia the office of tLe Couaty Recorder, Ramscy County. Minnesota. , AND WHBItEAS, the Dectazant iatmds to add additional pmPectY to above descdbcd pioperty, and whereas the C'rty of 9t Paul icqufres that the additionel pmperty be 7�ned and tbat a certain restrictioa be placed on the propercy. es hereinafter staced. NpW T�IEREFORE, Dec2sraat hereby declara tha! the e�cisting suucNcc on the $bove ,, describcd properiY be used for single femily purQoses only. Tkat said reshiction shall xun with, flie teat pmpaty aud be binding' on ail parties t�aving any right, titk or iaterest in the dacnbed pmpeaY oT ffiY Part thereof, theic heics, succesaors. and assigns, and shaA inure to the bencfit of each owner thcreof, IN V,7TNESS Wf�RBOF, the uadasigned, being th t her� s caused these presence to be executed UY Laura June Kiccheo. lhis day of 1999. p� 1 , I� Kfrchen STATE OF MiNNESOTA � COUN'I'Y OF TtAMSBY � ( �� ., �� On f�s�� qf��4!eZ_�999,.before me a Notazy Pnblio ia and for ssid ' wu.+•Jf P�ODd�' I}� S�j1C8YCd I.SULB �1M �. ! N lic 2Lis Insmimcm wss niaRea Er. ' r� n. s�� 1210 West Conaty ltoad & f�den Hills, MPI 55112 i , � � . ' � .nw+vn. '' � ` � ic,� gB�3�3 ��_' �' � � ��Zo+� �,.�G r 4 ` t. �• ,"'�.'.» usa �. r�at a �N� � ;,� . "'r,y„�s+ • � • ZON/N6 GILE 9'cg'3 J3 q� - 3l°� � 3anuary 11, 1999 Ms. Peg Fa�ier St. Paul Buildin� Inspector 350 St. Peter Street Suite 300 St. Paul, MN 55102 In Re: 984 Hazelwood Street Conversion of premises to single family use Dear Mt. Fuller: I am writing this letter in regazds to the inspection that took place on January 8, 1999. As per our discussion during the inspection, I Laura Kirchen agree to remove the door and door frame at the � bottom of the stairs, remove the wall between the hallway and the lower level livin� room to the left of the stairway coming from the upstairs, as well as place a restriction of record in the Ramse,y County Recorders Office stating that the property from this day forward may only be used for use as a single family dwelling. Also, as aa eed upon during the inspection, I will send pictures of the completed work to verify thz work has been completed and the home now meets the standazds for a single family dwellin�. If you have any further questions in this matter, ptease contact Mazc Schermerhorn of Lemmons R Lemmons Law Oifice at (651) 48o-�S50. Sincerely yours, � � � j �I.�t�-- aura Kirchen ec: Marc Schermerhom Zigmant Kanstul �J � � �1.UL , C��.� �.��C -� � �� Ot F-� C�� - �� l UG< <�-� cc.� l C� � ttis-�- Cl��z� cc� c , '{�-�.c�� 1 �:4� ��t� hc�� L�� 1�cc.� (,llZ� 411f , � ��x , �_� , .� , , ��;;t;,;iG.� t_-- �,� G�g � �{aZ�uJ��v/� s�, a — D�ZIG/.�/AL 5" /�✓ l /� �"«_ F — zoN1►.�G FrL� 48 • 343 i � `�� - �t`1 � city of saint paul planning commission resolution fle number 99-09 date February 11, 1999 tix/HEREAS, KANSTUL, ZIGMANT J., file # 98-313, has applied for a Rezoning under the provisions of Sections 60.410 and 60.420 of the Saint Paul Legislative Code, for the purpose of Petition to rezone from R-4 to RT-1 to allow for subdivision of property on property ]ocated at 976 HAZELWOOD STREET, legally described as EX N 65 FT lot 2 Oak Park (see file); and WHEREAS, the Zoning Committee of the Planning Commission on 12/29/1998 and 2f4/94, 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 Sectaon 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantiatly reflected in the minutes, made the following findin�s of fact: � 1. According to records from the Ramsey County Department of Ta�ation, the house at 976 Hazel�vood (the southerly house) was constructed in 191 �. In 1990 the house at 984 Hazehvood (the northerly l�ouse) was built. The attached garage for the house at 984 �vas built across the lot line separatin� 976 and 984. At the time both houses belon�ed to the same o�vner, so no objection «'as raised. • 2. Because of the rezoning of the property at 984 Hazelwood to RT-I in 1980, the garaae is in a different zoning district from the house to �vhich it is aitached, as well as being on a different lot. According to taxation records, both homes are single family. Iio��ever, applicant's representative states that the northerly house (984) is a duplex. Building records show� tliat the building permit was for a single family structure. A letter in the file notifies the ow'ner that if the liouse is to be buili as a duplex or converted to a duplex after consituction is complete, they will need to notify and get permission from the City. There are no records showing that this was done, so if the house is being used as a duplex a permit from the City will be required to make sure it meets code requirements for a 2- family dweilin�. moved by Field . seconded by i n favor Unanimous against 4. Agplicant is selliag the southedy property at 976 Hazelwood and needs to clean up the • property division with a tot sptit, taking approximate[y 31 feet from the lot of 976 Hazelwood and attaching it to the lot of 984. Lot spliY regulations require, among other things, that no split zoning lots be created by adjusting common lot boundaries. Thus, this 3 t feet of 12-41and mast be rezoned to RT-1. 5. After the lot split, both lots will more than meet the minimum requirements for lots in their respective zoning districts. Based on a survey submitted �iith the lot split application, it appears that the detached gara�e at 976 HazeIwood �eiit be at least 3 feet from the new northerly groperty line, meetin� the R-4 standuds. The attached garage at 984 Hazelwood appears to be at least 6 feet from Yhe same propem• line. Four feet is required for a single family house, while 9 feet is req¢ired for a dupiex. ( Because the garage is attached to the main house, it must meet the setback standards for the main structure.) 6. The lot split and rezoning wili correct a problem created nearly ten years ago. RTO��,', THEIZEFORE, BE IT RESOLVED, by the Saint Paul Plannin� Commission, that under thz authority of the City`s Le�isIative Code, the application for a RezoninQ to allo«� Petition to rezone from R-4 to RT-1 to allow for subdi�•ision.of property at 976 H�ZEL�VOOD STREET is hereb}� approved; - AND, BE IT FURTHER 1ZESOLVED by� the 5aint Paul Plannina Commission, that since tfie • applicant has a�reed to maintain the house at 93� Hazel�vood as a sinsle family stnicture in order to comply u�ith the zonins and building codes and has further agreed to ptace a restriction on the dezd statin� that tfie property must be remain a single famiiy d�ae[lina, th� City Council not • approve The rezoning until evidence is presented thai such a restriction hzs been recorded by Ramsey County. � �tq - � �� • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission ofthe City of Saint Paul was held Friday, February 12, 1999, at 8:30 a.m. in the Conference �enter of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, Engh, Faricy, Geisser, McCall, Morton, Nordin, Present: Messrs. Corbey, Dandrea, Fietd, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Mmes. * and Messrs. *Johnson and *Kong Absent: zExcused Also Present: Ken Ford, Planning Administrator; Donna Drummond, Martha Faust, Nancy Frick, Tom Harren, Nancy Homans, Patricia James, Larry Soderholm and Jim Zdon, Department of Planning and Economic Development staff. I. Approval of Min,�tes ofJanuary 8& Jlnuary 22, 1999 � MOTION: Commissioiter Field n:oved �Tpprova! ojtlee minutes of Jai:uary 8 a�:d January 22, 1999; Comn:issioreer Faricy secoi:ded the n:otios w/eic/t carried unanin:ously on a voice � vote. II. Chair's Announcements Chair Morton announced that following this meetinJ, the Commission «ill be walking over to the Seventh Place Mall to look at the buildinas that have been designated as historia Mr: Aaror Rubenstein �vill accompany to point out some of the reasons �vhy they have been de'signated for historic preservation. ITI. Planning Aclministrator's Announcements Mr. Ford announced that the City Council will hold a policy discussion meeting this next . �Vednesday. The focus of this mee[ing �aill 6e tlie "Housing° Chapter of tUe Comprehensive Plan. There will be a staff presentation on the "Summary and General Policy" of the Comprehensive Plan; tl�ere will be a brief presentation on the "Implementation" Chapter; then extensive pubiic comment: 45 minutes on affordable housing; 45 minutzs on exisiin� housin� stock; and another 45 minutes on new construction. The City Council �cill follow up with their o��•n discussion and action on The "Housin� Plan" afrer that in subsequent meeYings. The City Council has set the public hearine, which is joint with the Planning Commission, on March 24, for the Ayd MiV{ Road Em�ironmental Impact Statement. C� The City Council this week passed a reso(ution extending the moratorium on pawn shop development for another 30 days. Next week the City Council will have on their agenda the Planning Commission's � recommendation for modifications to the regulations on pawn shops, with some additionat modifications of their own. IV. Zoning CommitteQ #98-309 St. Anthonv Park Communiri• Council - Appeal of an administrative approvai of a site plan for an automobite convenience store at the noRhwest corner of Kasota Avenue & Highway 280 (Donna Drummond, 266-6556). Commissioner Field noted that there was a motion that the fee be waived because as a result of the appeal, several changes were made to the site plan. MOTION: Commissioner Field moverl deninl of tl:e appea! and approva! of the site plan for ar: automobile co�:venieEice store at f/:e northwest carner ojSasota.4venue and Highway 280 with condifions, wJ:ic1: carried unanimously on a voice vote. #98-313 Ziamant J. Kanstul - Rezone property from R-4 (one-family residential) to RT-1 (t�vo-famity residentiat) to allo�v for subdivision of property at 976 Hazelwood Street (at Case Ave intersection) Patricia James, 266-6639. Patricia James handed out the subsfitute resolution for Zigmant J., Kanstul, which amends the ori�inal resolution to say tl�at the Plannin� Commission recommends that the City Council not . approve the rezonin� until ihe deed restriction stating that tl�e property must remain a single family dwelling is recorz�ed with �Ram�ey County. MOTIO\: Conznrissioner Field nroved approva! oja reguest to reZOr:e property at 976 HaZelwood Street franz R-4 (one family resirleirtia!) to RT-I (two frrnrily residentia() to allow• for subdivisiors of property, aad ihat ihe Crty Canaci! nat approvelhe rezonii:g until evidence is presented tlrat a tleed restriclion stating that Ure property musl ren{ain a single family dwelling kas been recorded by Ranrsey Co�uity, w/tich carrietl unanimotrsly on a vaice vote. #98-323 Cann Industries Limited - Special condition use permit to allo�v for Ryder Trs, Inc. which will operate a corporately o�vned store to lease or rent trucks, motor homes & automobiles at ] 061 University Avenue (between Oxford & Lexington) - Donna Drummond, 266-6556. Commissioner Field stated that afcer some discussion, the Zoning Committee moved to lay this matter over to the nest meetin„ Februar}• 1 S, 1999, so that the district councii and Ryder Trs, Inc. have an opportunity to discuss appropriate conditions to make the proposed project more acceptable, if it is passed. �95-32� CaIvin's Tnc. - Special condi[ion use permit to aliow for shared commeccial parkine in an institutional lot at 242 Sevenih Street «�est (bet�veen Walnut & Chestnut) Vine Park Parking lot located on Chestnut Street - Martha Faust, 266-6572. � 2 MINUTES OF THE ZONING COMMITTEE Thursday, February 4, 1999 - 3:30 p.m. • City Council Chambers, 3'" Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: • L� Engh, Faircy, field, Gervais, Kramer, Morton, and Nowlin 1��1«�s� Carol Martineau, Patricia James, and Larry Soderholm of PED OTHERS PRESENT: The meeting was chaired by Commissioner Field. �l� -��q ZIGNfANT J. KANSTUL - Zoning File 98-313 - Rezone property from R-4 (one-famify residentiai) to RT-1 (two-family residential) to allow for subdivision of property. Patricia James read the staff report and showed siides. Commissioner Morton asked if the oniy thing we are looking at today is the lot spiit and the rezoning. Patricia James stated the lot spfit can be approved by staff, once the rezoning goes through, because there won't be spiit zoning on that one lot. Commissioner Kramer stated that the rezoning is R-4 to RT-1. Mark Schermerhorn ctarified the restrictions on the property, "only upon approval by the City of St. Paui", will the property by used for a duplex. Patricia James stated the problem with using tfie property for a dupiex and approving the lot split is because the garage is attached to the main structure. They have to meet side yard set backs for the main structure for a two family home, the minimum set back is nine feet, and what they have is six feet. So if it is a singie family home tfiey meet alI the conditions, we can approve the lot split and rezoning. If at some later date they want to convert the house at 984 Hazeiwood to a dupiex, they would have to go in for a variance. Commissioner Kramer asked if the language has been placed on the deed, and if Mark Schermerhorn has a copy of it that the commission could have. Mark Schermerhorn provided a copy. Commissioner Faricy asked if it wouldn't be better to go back and approve this as a duplex. Patricia James stated that the issue with approving this as a duplex is that the house doesn't meet the buitding code as a duplex and the applicant at this point isn't wiiling to spend the money that would be required to bring it info conformance with the duplex standards. if the father wants to convert it to a duplex at sometime, they stiil wouid be faced with those expenses, and they would have to apply for a variance. Zoning Committee Minutes February 4,1999 98-313 Page 2 Mr. Kramer stated that it seems if we approve the lot split and rezoning, we are directing the Board of Zoning Appeals to approve the variance if the applicant should apply at a future date t� create a duplex, and i don't think that this is the intent. There seem to be two issues here: 1. Can he seil the property. 2. If the owners want to use this as a duplex by changing the zoning, we are making it possible to apply for a variance. The sale of the home could be allowed if we were rezoning the first property from RT-1 to R-4, rather than the second property from R-4 to RT1. Mark Schermerhorn sfated that he would be wilting to add a restriction thaf the property would be used as a singie family dwelling only. Commissioner Kramer suggested that the owner of the other property rezone that property, then we don'f have to attach any covenants to any deeds at aI( and that wou(d stifl a(low division for tfie garage. Mr. Soderhoim stated the applicant in this case has been working at this for one and one-half years. She submitted one petition that we turned down, because it was submitted with signatures over one year oid, and she did another petition. The staff doesn't have any objections to making this lot a dupiex if at some future point they are able to comply with ali the building code requirements, and if they get a variance from the Board of Zoning Appeals. � On that culdesac, about half the properties are dupfex and half are singie family. Commissioner Kramer stated the difference is this property is on a culdesac, which has limited parking, because all of the houses have driveways that enter off of the culdesac and so i don't think we should sef up a situation where it is further exacerbated with more duplexes that have to get variances. If the applicant wants to put a condition on there that it will be used as a singie family home, that is acceptable to me. Mark 5chermerhorn stated that the house does meet the parking requirements for a dupiex in that area. The reason we have to get this done is that Mr. Kansful has a Corttract for Deed to sell the property at 976 Hazelwood; when the contract expires he witl be liable to the purchaser on the Contract for Deed, if he cannot give a ciear title, for any damages that the person sustained. Commissioner Kramer moved that we recommend rezoning of the property provided that the covenant restricfion fias been made subject to tfie City Attorney's review. Commissioner Morton seconded it. Adopted Drafted by: "�( ,ik A LN' 1 1�ZCl/�.�i�.a,Lv ca�o� Mart neau Recording Secretary Yeas - 7 Nays - 0 Sub itted by: Patricia James Zoning Section Aaproved by: • • •