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94-1028 ORIGINJA Council File # Green Sheet # v X02 7 RESOLUTION 0 • F SAINT PAUL, MINNESOTA 33 Presented By Referred To Committee: Date 1 2 Whereas, Robert and Adeline Murtaugh made application to the Board of Zoning 3 Appeals for a variance from the strict application of the provisions of the Saint Paul 4 Zoning Code for property located at 692 Woodlawn Avenue, legally described as subj. to 5 sewer easement and except the south 26 feet, lot 8 and all of lot 9, block 2, Riverwood 6 Addition; and 7 8 Whereas, The purpose of the application was to vary the standards of the Zoning 9 Code to allow a 26 foot front yard setback to allow a garage and living space addition on 10 the front of a single family house. A 39 foot front yard setback is required by the 11 provisions of the Zoning Code and the applicants request a 13 foot variance so that a 26 12 foot setback would be allowed; and 13 14 Whereas, The Board of Zoning Appeals conducted a public hearing on May 23, 15 1994, after having provided notice to affected property owners, and the Board, by its 16 Resolution 94 -086, dated May 23, 1994, decided to grant the application subject to the 17 condition that the proposed addition is constructed to match the existing materials of the 18 house and based on the following findings and conclusions: 19 20 1. The property cannot be put to a reasonable use under the strict 21 provisions of the code. the applicants' property lacks alley access 22 due to the previously vacated alley. In addition, the 6.5' side yard 23 setbacks do not allow sufficient space for rear yard vehicular access. 24 As a result, there is no option for rear yard construction of the 25 proposed larger garage. The location of a dinic room, a kitchen and 26 two large decks also prevent the applicants from extending the 27 existing garage toward the east. 28 29 The applicants have considered the option of enclosing the stoop to widen 30 the garage by 3 feet toward the north but have decided that this option is 31 not acceptable. This option would remove various interior spaces, such as 32 . the front entryway, the front closet and the dining area cupboard, would 33 require the removal of most of the front stoop and front steps, and would 34 require moving the front door into the existing living room. They stated 35 that this option would drastically modify the front of their house so that it 36 would be very different from the other nearby houses of similar character. 37 38 2. The plight of the land owner is due to circumstances unique to his 39 property, and these circumstances were partially created by the land owner. 40 41 The lack of alley access, the location of the house on the lot and the 42 internal configuration of the house on this property were all conditions in 43 existence prior to the applicants acquiring the property in November 1979. 9' - /off g 1 However, given the 9' wide size of the garage door, the applicants Q 2 contributed to the problem by purchasing a van which extends about 7.5' 3 wide. These circumstances were partially created by the land owner. 4 (D 5 3. The proposed variance is in keeping with the spirit and intent of the code, — 6 and is consistent with the health, safety, comfort, morals and welfare of the CC 7 inhabitants of the City of Saint Paul. (D8 9 The proposed expanded garage and living space addition will enable the 10 applicants to easily park their van in the garage and will provide additional 11 living space by expanding several rooms and adding more storage area. 12 The location of the front door of the proposed garage will be set back 22 13 feet from the front lot line compared to the 26 foot front setback which the 14 neighbors existing garage to the south presently has. In addition, most of 15 the proposed garage addition will be set back farther than the 26 foot front 16 setback of the neighboring garage. 17 The neighbors to the south of the applicant stated that 18 the proposed addition will totally block their view of 19 Woodlawn Avenue from their kitchen, dining room and 20 rear door. It should be pointed out that the 21 applicant's existing garage already blocks a large 22 portion of their view of Woodlawn Avenue from these 23 rooms. 24 25 These neighbors mentioned that the proposed addition 26 will block off their air and light. The neighbors to 27 the south of the applicants also stated that the 28 proposed addition will hinder the removal of tree 29 trimmings and brush from their rear yard. Since the 30 proposed addition maintains the same 6 -5' side yard 31 setback on the south, these claims are not justifiable. 32 The proposed variance is in keeping with the spirit and 33 intent of the Zoning Code. 34 35 4. The proposed variance will not impair an adequate 36 supply of light and air to adjacent property, nor will 37 it alter the. essential character of the surrounding 38 area or unreasonably diminish established property 39 values, within the surrounding area. 40 41 The proposed variance will not impair an adequate 42 supply of light and air to adjacent property. The 43 applicants proposed addition will enlarge the present 44 garage from 13' x 21' to 16' x 22' and will widen the 45 garage door from 8' to 9' to accommodate their van. 46 The proposed addition also will enlarge the living room 47 and dining room, will expand closet space, and will 48 change the location of the front door. This proposed 49 addition will provide a new sunroom entry with two 50 skylights, will reduce the size of the front stoop and 51 will extend a narrower covered walk to the end of the 52 proposed enlarged garage. 53 54 The applicants intend to use the same roofing material 55 that they have on their house, and complete the 56 addition by using the same exterior siding and the same 2 -- ' brickwork. The applicants intend to continue the same L[ 2 roof line out along the addition to help make the 3 proposed addition fit in with nearby house styles. The 4 proposed variance will not alter the essential CD 5 character of the surrounding area. 6 7 The neighbors to the south stated that the proposed CD 8 building addition will depreciate their property 9 values, a claim supported by two letters from realtors. 10 However, the applicant submitted letters from two 11 realtors which state that the proposed addition will 12 not adversely affect neighboring properties. The 13 proposed variance will not alter the essential 14 character of the surrounding area nor unreasonably 15 diminish established property values within the 16 surrounding area.. 17 18 5. The variance, if granted, would not permit any use that 19 is not permitted under the provisions of the code for 20 the property in the district where the affected land is 21 located nor would it alter or change the zoning 22 district classification of the property. 23 24 An enlarged one -stall attached garage on the front of a 25 single family house is permitted in the R -2 zoning 26 district with an appropriate front yard setback. The 27 requested variance would not alter or change the zoning 28 district classification of the property. 29 30 6. The request for variance is not based primarily on a 31 desire to increase the value or income potential of the 32 parcel of land. 33 34 Whereas, Pursuant to the provisions of Section 64.205, 35 Dorothy and George Heuer, 700 Woodlawn Avenue, duly filed with 36 the City Clerk an appeal from the determination made by the Board 37 of Zoning Appeals, requesting that a hearing be held before the 38 City Council for the purpose of considering the actions taken by 39 the said Board. Grounds for the appeal are: (1) the property 40 can be put to a reasonable use under the strict provisions of the 41 Code, (2) there are no circumstances unique to applicants' 42 property, and (3) that the variance will cut off light and air to 43 700 Woodlawn and will unreasonably diminish the value of their 44 home; and 45 46 Whereas, Acting pursuant to Sections 64.205 through 64.208, 47 and upon notice to affected parties a public hearing was duly 48 conducted by the City Council on June 29, 1994, where all 49 interested parties were given an opportunity to be heard; and 50 51 Whereas, The Council, having heard the statements made, and 52 having considered the variance application, the report of staff, 53 the record, minutes and resolution of the Board of Zoning 54 Appeals, and the testimony received at the Council's hearing, 55 does hereby 56 57 Resolve, That the Council of the City of Saint Paul does 58 hereby find and determine that the Board did not commit any error 59 of fact or procedure or application of the law, and there the 3 9' `1 decision of the Board of Zoning Appeals in this matter is hereby ,�2 affirmed in its entirety; and be it 3 ,4 Further Resolved, That the appeal of Dorothy and George - Heuer be and is hereby denied; and, be it 7 Finally Resolved, That the City Clerk shall mail a copy of =8 this resolution to Robert and Adeline Murtaugh, Dorothy and 09 George Heuer, the Zoning Administrator, Planning Commission and 10 Board of Zoning Appeals. Ye's Nays Absent Requested by Department of: Blakey Harris � — Grimm ✓ Guerin ■ Megard ✓ Rettman T Thune ✓ By: / o / Form Ap. oved by City Attorney Adopted by Council: Dat JUL 2 0 1994 Adopt'• Certifi d . 'i<.uncil Secretary B BY Appro by Mayor for Submission to Approved b .a r: Date Olt I z Council ,r larr By: � - DEPARTMENT/OFFICE/COUNCIL INITIATED N° 9 Z Q O City Council Research 8/94 GREEN SWEET CONTACT PERSON & PHONE 0 DEFRT1tENT DIRECTOR Clry COUPICIL IN TE - Nancy Anderson 0 CITY ATTORNEY 0 CITY CLERIC ~_ MUST SE ON COUNCIL AGENDA SY (DATE) BUDGET DIRECTOR 0 FN. & MOT. SERVICES DIR. "-- ■ MAYOR (OR ASSISTANT) 0 TOTAL • OF SIGNATURE PAGES (C ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Resolution affirming the decision , f the Board Zoning Appeals to grant variances ref quested for 692 Woodlawn & confirm ng decision of the City Council to deny the appeal •f Dorothy and George Heuer. RECOMMENDATIONS: Approve (A) or Reject (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _ CIVIL SERVICE COMMISSION • Has this Persontarin ever waited under a contract for this department? _ CIB COMMITTEE YES NO _ STAFF . Hu this person/arm ever been a city employee? YES NO _ DISTRICT COURT . Does this person/firm possess a skill not norrlaly possessed by any current city employee? SUPPORTS WHICH COUNCL OBJECTIVE? YES NO all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM. ISSUE. OPPORTUNITY (Who, What, When, Wham ADVANTAGES IF APPROVED: 44 DISADVANTAGES IF APPROVED: • DISADVANTAGES IF NOT APPROVED: • tt f 1 • TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298 4225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUT ION (Amend Budgets/Accept. Grants) 1. . Outside Agency. 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor (for contracts over 115,000) 4. Mayor /Assistant 5. Human Rights (for contracts over 150,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7.. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) . COUNCIL RESOLUTION (ail others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the #of pages on which signatures are required and paperclip or flag each of these pages. ACTION REOUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objectives) your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's llabitity for workers compensation claims, taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law / charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if It is passed (e.g., traffic delays. noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are, addressing, in general you must answer two questions:. How much is it going to cost? Who is going to pay? SAINT P A U L Interdepartmental Memorandum 0 AMA CITY OF SAINT PAUL mow OFFICE OF CITY ATTORNEY Suite 400 City Hall Saint Paul, Minnesota 55102 Phone: (612)- 266 -8710 FAX: (612)- 298 -5619 DATE: July 7, 1994 TO: Nancy Anderson City Council Secretary. 3rd Floor City Hall FROM: Jerome J. Segal 1; Assistant City Atto P SUBJECT: 692 Woodlawn Appeal from decision of 11 e Board of Zoning Appeal Dorothy and George Hauer Appellants Attached is a resolution confirming the decision of the City Council following the public hearing on June 29, 1994, whereby the Council voted to grant the variances requested for 692 Woodlawn and to deny the appeal of Mr. and Mrs. Heuer. COund Research Center JUL 0 8 1994 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT P a u CITY OF SAINT PAUL Division of Planning Norm Coleman, Mayor 25 West Fourth Sweet Telephone: 612 - 266.6565 Saint Patti MN 55102 Facsimile: 612- 228-3314 AA0 inmernmo earch CenteC June 6, 1994 coun ��1 Re S � w p 1 0 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Hall is scheduled for Wednesday, June 29, 1994 for the following zoning case: Applicant: Dorothy & George Heuer File Number: 94 -113 Purpose: Appeal the decision of the Board of Zoning Appeals granting a front yard setback variance to allow the construction of a garage and living space addition. Location: 692 Woodlawn Avenue; eastside between Highland Parkway and Mississippi River Blvd. Previous action: Board of Zoning Appeals: 5- 23 -94, approved, 5 -2 vsk My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266 -6583 if you have any questions. Sincerely, /04/ 4*' Michael J. Kraemer Zoning Section cc: File #94 -113 I 1.1 �t CITY OF SAINT PAUL ° ii 1 u ii x OFFICE OF THE CITY COUNCIL NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing for the purpose of taking public testimony in the appeal of Dorothy and George Heuer to a decision of the Board of Zoning Appeals granting a front yard setback variance to allow the construction of a garage and living space addition on the east side of Woodlawn Avenue between Highland Parkway and Mississippi River Boulevard (692 Woodlawn Avenue). The City Council has fixed the 29th day of June, 1994 at 3:30 p.m. in the City Council Chambers, Third Floor, City Hall, and at said time and place the City Council will hear all persons and all objections and recommendations relative to this appeal. Dated: June 8, 1994 Gerry Strathman City Council Secretary CITY HALL THIRD FLOOR SAINT PAUL, MINNESOTA 55102 printed on recycled paper * * * * * * * * * * * * * ** — COMM.JOURNAL— * * * * * * * * * * * * * * * * * * ** DATE JUN -08 -1994 * * * ** TIME 13:39 * ** P.01 MODE = MEMORY TRANSMISSION START= JUN -08 13:39 END =JUN -08 13:39 FILE NO.= 017 NO. COM ABBR /NTWK STATION NAME/ PAGES PRG.NO. PROGRAM NAME TELEPHONE NO. 001 OK a 92222640 001/001 —ST PAUL CITY COUNCIL — ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** — 612 266 8574 — * * * ** — 612 266 8574— * * * * * * * ** / CITY OF SAINT PAUL ' n OFFICE OF THE CITY COUNCIL NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing for the purpose of taking public testimony in the appeal of Dorothy and George Heuer to a decision of the Board of Zoning Appeals granting a front yard setback variance to allow the construction of a garage and living space addition on the east side of Woodlawn Avenue between Highland Parkway and Mississippi River Boulevard (692 Woodlawn Avenue). The City Council has fixed the 29th day of June, 1994 at 3:30 p.m. in the City Council Chambers, Third Floor, City Hall, and at said time and place the City Council will hear all persons and all objections and recommendations relative to this appeal. Dated: June 8, 1994 Gerry Strathman City Council Secretary CITY HALL THIRD FLOOR SAINT PAUL. MINNESOTA 55102 piloted on recycteu paper qt-1 • 0‘. 7 00 ? C- ( 0-4-k, -kfr 6 s co 7 1 1 .,E, ( . — yq -0 0 f • .7tz ti,„e,te . 7 00 ?„ a . - • ✓.tee, G =�-ro-rJC .c.�i..ls� GI � � r v • } • • • • A • ( 11- )02' ,, .-... -• Air , ''.. . . ' • 1" ' . • .._ ' .... -,.. , - 1 " • ' - " ,e - 0 *.,- -- -4.- Atill et :.....-. ,e :,■• ". ; -':■ :: le - -'jj itor MN i -, - o „..- -- 7 41.4_. • 4 - - - i.e.. , ... .. . itika V aINIINIIII/IIIIII# ,7 77..... a ' e ; • q ' • . ' ' - .t:; . ' , ' I S t At issk - 4, ,,, '?i , .,,, t..;, ,Ir .. ...., 4 4 'f' - 7 .+7; : ,...-; ,.. fr, st , .- - ..- - 1 .".--. ' 1* • 4a . ip. ‘t - $: 4 -7.• c r''''''' ..- f 7I r • 4 Wil 1.1- . • .- ..: :A- " ' -- r .5. . • tl ,.. - - _ ._____,.._ .,nMi•- --- — --ga Mr- --- ...zi_ -• • r .. ..,- - , i i V ; . so • . 1 4.- . * _ i "ilf...*, • 4..•••. .. . .41 1 114 . .. . . . ' it • • 116 iimaila W _ - - — .... , / 1 . . 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' r % ' r • G` bz ��,�f/ �� 1 ✓rs�,v� +mot �� 1 ,0 , 0-- 7 co „�„�,✓ a..•- • ,,,� 700 -.71()-(4"--t June 21, 1994 Zoning Section L zONING FILE 9 Planning and Economic Development Department 25 West Fourth St St. Paul, MN 55102 Zoning File Number 94 -113 Dear Zoning Board Members: When the Highland Area Community Council was considering the request for a front yard setback variance at 692 Woodlawn Avenue, I wrote to them opposing the request. My opposition was not based on personal harm caused by the variance. Rather, it seemed clear to me that the damage caused to the Heuers was greater than the gain to the Murtauaghs if the variance was granted. Two additional factors lead me to urge the Zoning Board to reject this request for variance. 1. It strikes me that the whole purpose of zoning regulations is to protect the public interest and the collective interest of residents within a given zoning area. This is a necessary constraint on individual freedom in order to prevent the chaos that would ensue if building decisions were unregulated. It follows logically from this basic purpose that the burden of proof is on the party requesting a variance. The zoning regulations in force should prevail unless there is unanimous agreement that a variance is acceptable. Clearly this is not the case in this instance. 2. The Highland Area Community Council recommended against the variance on a 4 to 1 vote. This is the body closest to the issue where an actual site visit was part of the review. I have no way of knowing on what grounds the Board of Zoning Appeals rejected the recommendation of the Council or whether any of its members visited the site in question. I do know that it is not possible to judge the impact of the requested variance without a site visit. Please consider the basic purpose of wining regulations as well as the recommendation of the local area council anji deny this request for variance. Sincerely Dale L. Nelson 708 Woodlawn Avenue i Goad Research COI C - I ()' c- i eke JUN 141994 66 g 0 C awv`- • I !� ) e(,,e 6-a-e /7'7 ,P 7J Tc _ /16 r s i)L-4_ re �a ct,,- ?.2 X ,ts io f .4 { (/ a ( c2:►t r "a7L-12- • { i 9 i q4 —icy Cowl Research Centet JUN 141994 6--b -5 4 ft_ /-4vo,t) 4 A4-7 444, fii7.2Sr7 /) A4g 404."2 ?b g/g. Ati iN 7(( tZ r.G- 02_ bk6,40Q4ki , AL_ 0-41 ,v 4„c a. /A &944-. /roc COWICI Research center 1 JUN 141994 7 a o 1.4, -I--, ,�� � � • s-1-11 s-1-11 L • . - c? qy i SS }0--0-z- 1 j ,..-v,A_. 14 / li1 f ,G.,,..,&.,,,„ 1 v:44 c--t-1 1 j 6-....,,: i It 6 7 cv)--e,tec".0..- ._, ,..t_e_cl.„.t.c..,..,: ,A7t,__e_, _,It., 0/ -, 1 , . ....--J.-0-1,k., , g , Ad ct.,-t_e__, 7 . «.rte. o_ ____t_ ---- • 0.- -,,.- - ' ,.,- -e ms ...•/Lt:y.) 1 0 a% ,//p' p/ J r ''' 4j-114 j ' - `" a l '''' 7• d 2� z —_- / c et-4d / _. ..14,e-t. -1-`)-4/ --€1.--i-t-itv i /3 1 . -t f . , • , • i � 1 • • • • • • • • • • • A MDOM OF THE SEAM FYUNCIAL NETWORK COLD weu. BANII(CR ❑ 804 PUNM AVE O 8T T PAUL. 55116 MN 55118 BUS. (612) 699.6666 JAMBOR RESIDENTIAL REAL ESTATE (� Cent C ' '� JUN 141994 • TOM EDELSTEIN, CRS June 9, 1994 Executive Sales Counselor Mr. George Heuer Mrs. Dorothy Heuer 700 Woodlawn St. Paul MN 55116 Dear Mr. and .Mrs. Heuer: Thank you for inviting me over to your home yesterday. It's in excelent condition and you are to be congratulated on the care you have given it through the years. After careful consideration, it is my opinion that if in fact your neighbor extends theirlgarage, it will detract from not only the natural sunlight you enjoy, but also your view and perhaps adversely affect your value. If I can be of any other help, don't hesitate to give me a call. Sincerely, Tom Edelstein, CRS TE /nm An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates, Inc. ti- ion ce,a H 700 { r . Coned J i Research Center JUN 14 1994 9 � q 9 ti t31_4,-14A /4 7 0 24 av-ALLetik. r D / .�•.�. `moo -�-� ` ✓1� . ,Z 76,-- a, i • . ,� 7 L ,- , 22z1 91 c 0 „LrA, _2( . Y , mot 0 t °� A r 11- r P- -7 QI;r7h-9 w ° ? ©- .r`l` -vitt , ���V-•/ g 11 'A-'-o.-J- — 4 r--11 el-c7"1"9-(9 r b o_ .,, L _ p -�, k nAAA -E c4 4 J - b ' fS °1,T ° A - Z 7 r 4 7 - a - ;r`' e' r-v-ru-1, '?^ ■J''' .7rAA." ye• c-rr/r/Y r _ - W N '. e r 7 .-)'t 4 ''r ‘A.-N r ..-0 feD,w-yrr)-2-4 -3-n'rye" i e -}4‘-P-14f- et-w-m-C --7rZ2 rv (7re I(LI-9 ir7 Q'll' r 7-- 1 If"'- 4 h in p --"° r -AV (-- 1 ==T --4-G - r - > - - - P' - ° - Drr P - - r-?"'' - fll W "D' % ." - ' 7 " - 4'v"r49 ( 0 KR T i NM t3usto3 / 66 / `R — 7A CI 4f,6 — �. r ,ioluo'J Ipt i 1. 1 / i ..s 5 ' ^^',"'" S - "" ' 0/ ' ,L ., o oz ci ,- C-Tr-)0Q0 N. -,-0 -d u(70-76 .., ( -/b( Council Research Center JUN 141994 June 4. 1994 TO: Board of Zoning Appeals ATTENTION: Mike Harris and City Council DATE: June 4, 1994 On behalf of the Heuers, who reside at 700 Woodlawn Avenue, we have been requested to write this letter. We oppose the variance that has been proposed for 692 Woodlawn Avenue in St. Paul. This relates specifically to the construction of an additional garage on the Murtaugh property at 692 Woodlawn Avenue. We are frequent visitors to the Heuer residence. The proposed garage construction would be immediately adjacent to the Heuer property line. I am concerned that this construction will result in restricting the quality of air and light for the Heuer residence. The windows in the kitchen , dining room, and garage will be affected by restricted air flow and light obstruction due to the proximity of the proposed garage. In addition, there will be limitations on the view from these locations in the Heuer household. For these reasons, I request that the variance for 692 Woodlawn Avenue in question be denied. Mr. and Mrs. Robert Distad . . q' /4 -ions Council Research Center JUN 14 199 Moog = / I % 7 2,,,,>22„,.4 , �a22 /Zie 4Z -086 _22e7W e-■J 9e &'Z2' O 0.-,,e& 4 ea.ice vy2io-dv • y ,6ff AL4 ) 7 4 - tizeizee,iva29-7 , -.40,0 , e 9-- ezZe2 7o o a�%� ���" Cam' �`'� azez:>").). 7 0.0 fzezetczecl.e.e.6,0ztezzez„/A.2_,,c;ieg /Z7/-az-rtal Cound mewl 11 nu ZONING FILE 94-086 JUN 14 1994 JUNE 13, 1994 WE OBJECT TO THE VARIANCE OF 692 WOODLAWN AVE. THE HEUER'S OF 700 WOODLAWN WOULD LOOSE ADEQUATE LIGHT, AND AIR FLOW, AND ALL THE VIEW TO THE FRONT STREET. IT WOULD CAUSE A GREAT INCONVENIENCE TO THE HEUER RESIDENCE AND CAUSE A HARDSHIP TO THEIR PROPERTY IN THEIR RETIRING YEARS. THE HEUER'S : LIVED AT 700 WOODLAWN FOR 25 YEARS. 692 WOODLAWN AVE. WOULD BE VIOLATING THE ST. PAUL, CITY CODES. n 1 1 Jan., n., !� o ' 061.^xA4 Go ftkaitt. &Atm.— i' (nY/ I ••••• /d 46e h e ca/" c e 1 qn +� pr C e co_ii,cizA..: 9._ 41 Uiv•L) ' N r■ \ it6 A "kut- 6 kg alr#115i 2 t ( - 1 - 11 -6 - A- 1 ----6CIA-CAAst) - amid R Canter `TAE OBJECT TO THE GARAGE VARIANCE 11� 1 _IV b JUN 14 FILE 94 -086 1 AS FRIENDS OF GEORGE AND DOROTHY HEUER, I BELIEVE THE VARIANCE CODES OF /� 692 WOODLAWN AVE. SHOULD BE OBEYED. `�� VOJ� �t!J / / C 44, *I /4 r // &A, (9-1-7--. ,/,,,iae> ,ike&t f e ige,: v gcc'et z6 I, n , Lv C Ilb . ► a .„,e kc,...,,,,cpz-„, / , k c4,_. 17 c....t...L.AL_ q,ALL,....,,,„„cz?.. . 4 '-te- / I ,C- et P f t'7 , 6,6 1 i , - 77a-c-- L. w.'1.. t t.,._)t� I t-7 -- C„--,cf - e c 4v ym.... , rm " Pr •ztaw, r aged ' _67 6//el‘: , ‘ 16:16V1/ i } h DEPARTMENT OF PLANNING C ) l-/ L% L Y & ECONOMIC DEVELOPMENT r SAINT PAUL CITY OF SAINT PAUL Nonn Coleman, Mayor Division of Planning 25 West Fourth Street Telephone: 612-266-6565 Saint Paul, MN 55102 Facsimile: 612- 228 -3314 AAAA June 14, 1994 Ms. Nancy Anderson City Council Research Office ' Room 310, City Hall Saint Paul, Minnesota, 55102 RE: Zoning File #94 -113 - Dorothy & George Heuer City Council Hearing: June 29, 1994 PURPOSE: Appeal the Board of Zoning Appeals decision granting a 13 foot front setback variance to allow a garage and living space addition at 692 Woodlawn Avenue. STAFF RECOMMENDATION: Uphold the staff recommendation and BZA decision to approve with condition. SUPPORT: Petition with 26 signatures, two realtors. OPPOSITION: Petition with 6 signatures, two realtors, 2 other neighbors, and Community Development Committee of Highland Area Community Council. Dear Ms. Anderson: On May 23, 1994 the Board of Zoning Appeals held a public hearing on the request of Robert and Adeline Mertaugh for a front setback variance. The appellant was present at the meeting. At the close of the public hearing the Board of Zoning Appeals voted 5 to 2 to grant the requested variance. The appeal is scheduled to be heard by the City Council on June 29, 1994. Please notify me by June 27, 1994 if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, Daniel Corne j o Deputy Director For Planning DC:mb • Attachments CC: Mayor Coleman File #94 -113 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT SAINT CITY OF SAINT PAUL Division of Planning PAUL Norm Coleman, Mayor 25 West Forth Strut Telephone: 612 - 266 -6565 Saint Pats; MN 55102 Facsimile: 612 -228 -3314 AAAA June 6, 1994 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Hall is scheduled for Wednesday, June 29, 1994 for the following zoning case: Applicant: Dorothy & George Heuer File Number: 94 -113 Purpose: Appeal the decision of the Board of Zoning Appeals granting a front yard setback variance to allow the construction of a garage and living space addition. Location: 692 Woodlawn Avenue; eastside between Highland Parkway and Mississippi River Blvd. Previous action: Board of Zoning Appeals: 5- 23 -94, approved, 5 -2 My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266 -6583 if you have any questions. Sincerely, Michael J. Kraemer Zoning Section cc: File #94 -113 Z • APPLICATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUL File # 14 - / RECEIVED Application Fee $ 130 /4JA=— JUN 0 1 1994 Tentative Hearing Date Application is hereby made for an Appeal to the CS ' � � C under the provisions of Chapter 64, Section , Paragraph of the Zoning Code to appeal a decision made by the (./"Board offing Appeals - Planning Commission on /tidy j r ,� 3 , 19 - Zoning Administrator (date of decision) - Planning Administrator - Other A. APPELLAN / �J Name c "�'�`1 d�.,r/ G`"C.l'►e Ile -' E' -r Daytime phone 6 S4 Address 770e7 tt /(2eO//cJ 1 /yf . S D P i Zip Code --C;;1/2r B. DECISION BEING APPEALED Zoning file name /4 V l? T',] U G (/ UAT'L l 4.k'h Zonin File # Property Address /Location 4 Qa r f d uJ 7'I rs v( 7j. Legal description f 4• c, / 97 c (( ®l %' T �?� 7 2 b „ / // C. GROUNDS FOR APPEAL (Use additional sheets if necessary.) (Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission.) / l`� �- v op b y C d4./ . b e ,7U / +0 'Y' e As 0-.1 d iI 7ez V5e C1 n c' " Si -FYI 71 7 for CO r d. e d -r 7 2 0 C % 21r Sid - 7L C ' x ' 9 72 / Pe fad c d /if is /' ) o;7 e 4 " 3 74 e v d r /d- « w ,' /J U 1jf(( 4t -- 74, 7 0-e) 0 I/ 41-017 CL61 ,7 a ,i/ /7 V ff � � e vd / .e �' ,� 7 � W 04//d wv 7 d. ti.. r i� h f' If you have any questions, please contact: ' Ap icant's signature St. Paul Zoning Office 1100 City Hall Annex / Ae€ ` 25 West Fourth Street / Saint Paul, Minnesota 55102 Date City agent (298 -4154) 9/82 3 1 1 1 700 ,.-. I e 5try , .,4„ 1 "Tae. - I `yk `� 31 y y 7 C C (fr-‘‘-c e it) T. • Rwt. o_ra --(.4f--41Etet- /0.4- - a T cr-ct-T-ve • l 1 E 70 0 Jar u. • • _ / • %, 3/ . 740 n 4 %2 ...-4-e-G 0- 1 - q - Itz, 1 I i p 'V- 7oo - ? 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HIGHLAND AREA COMMUNITY COUNCIL Community Development Committee May 19, 1994 Present: Don Mack, Ken Jefferson, Gordon Glendenning, Bob Seigel and Mark Moeller. .Don Mack was elected Committee Chair for 1994 -1995. The first item of business was consideration of a variance request for the '76 station at Ford Parkway and Snelling. A 13' front yard setback is being requested to allow construction of a canopy. A setback of 25' is required and 12' is requested. Sometime after the station was remodeled and the pumps repostioned the City took 13' of the property to widen Snelling. There was no opposition to the request. The Committee voted to support the variance 5 -0. The second item was the request for a frontyard setback - variance of 17' at 692 Woodlawn the residence of Robert and Adeline Murtaugh. The variance would allow a garage and living space addition. There was opposition to the request. The neighbors to the south, Mr. & Mrs Heurer, are oppossed to the variance. Mrs Murtaugh explained the reasons for the request. They include 1) the need for a larger garage, 2) to redesign an entry way 3) to provide additional living space. There is no way that the expansion can be done in the rear yard, there is no alley access. Mrs Huerer, the neighbor to the South read a statement explaining the reasons for their opposition. A concern for reduction of their supply of light and air to the north side of their home. There are four windows and a door on that side. Windows are the kitchen, dining room and two garage windows and a side door. A petition of signatures of neighbors supporting the request was included in the information given committee members. Several neighbors spoke in support of the request. A concern was raised by neighbors opposing the request that a place for undesirable individuals to hide would be created by the long corridor that would I be between the two homes. Any view of the street that the Huerer's have from their kitchen windows would be eliminated. After discussion among the Committee members Mr Seigel made a motion to recommend denial of the request and Mr. Jefferson seconded. The motion passed 4 in favor of denial 1 oppossed. 9 �, x Itt 10 ^- 2 •�' t 1 M M R4f a `� © ®` ' ' i © _ 4 iii % 3 lb. , ki . I ... ERNE' 1111 Aar( Oil I t EMIR .. a 8 it ,Il i -9 111 11111WilrefIllasiA : \,... ''.• .,,,. I ! Milli IPPr' VA 0 14 g � ‘Ar i sir = 1 ' A0 1 - I i iin....., 9 . .. t ,-, j 9 .- 9 ` .... , r :__V-" :.„ a .: \ it • im on igi l p . i 1 4111 ' \\\ ' _.... ......., , N s as .............47.— \ . CITIZEN PARTICIPATION PLANNING DISTRICTS 1. SUNRAY- BATTLECREEK- HIGHWOOD 2. HAZEL PARK HADEN - PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE - PHALEN 6. NORTH END 7. THOMAS -DALE 8. SUMMIT - UNIVERSITY 9. WEST SEVENTH 10. COMO 11. HAMLINE -MIDWAY 12.. ST. ANTHONY PARK 13. MERRIAM PARK - LEXINGTON HAMLINE - SNELLING HAMLINE . R GROVELAND 5. HIGHLAND 16. S I TIC, 'urn 17. DOWNTOWN ZONING FILE 4-113 /0 _ _ . _ . . qu-)Lrr' o _ — r — L _ _= - gam - • •!lid ( ai =;r = C_�— _ -.1• i ! - . r .... E : ffl'h " ; 1ii! TIT I i ii - !t----i Ai!! 1 . • --......_-=-_-, • = _ — - • •.. -.- 1�T 3T �� `- ' '_ ` • i-= =�- ' . . ® rte i....�_— rr�. ' if , 1 ! � _ , � _ - ./ :� r: i ll t .. + Ls . -- 7- �1 _.. �"s=r j i 1 j" ?' ,ma / ' \--*% s ' ! \s, L - 'r te, I ' r1 t • fk 1 ` 1 1 0 I ' • _` Z." ` \ Vi i ce , -= /_ Ai_ ii 1 I. . .—. . 7,==...,..H c i - , ._ ,... Loo,....1_, , • • I i ii , :............,,__.„._-_, .‘ , ,..... , ( ' `� - � _..... _ ,i r, .• • • • • • HIGHLAND DISTRICT 15 eN .•-a. - - - ,;,� - . -. • .. 1 - . ii t--7.___,.. .; ZONING FILE q «1/3 • • - •• It • • ■ { i `� [ Th7 . II I ' , _ 0(09 i.o 01. : C f_ I ___ I 1 + - j li 1 7 I 1 :__ _ _a il ! 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LEGEND - PURPOSE /rm.-- °F ° 1 4 "611' lim.m.m.. zoning district boundary FI # 4 114.7 DATE 6- $'1 %/ //////• subject property . northi LE PLNG. DIST I MAP # 0 one family • • ^ commercial two family ♦ I= . industrial SCALE 1' = 400' f ,S-ei- 4 multiple family V vacant (2 I ;- - - - - - - - -1 p i it --0 O r .i-1 - I i _.: •) .-• - : ' .. • ,. `� ` Ib 1 t 1 �.:.. - o . , ! 1 1 t� 1 , I ' - -- 1 • i • 0 - c C e �' _ � J V V. ; �. - _. - I Q - . ma y - ^- TT— AX - t) ! { - - - - -o n � G °� `' : ` _rl - - - -- ( f 1 t` C.. /. 1 �-- _ _A_ o ootoo!000 oloo / 7 , '13 o — -o 00000.o j -o - i 0 _ i o I 00o 1, I Z r C • ‘1 0 - __ - Q —1 r - a- ELEANOR /� f �'�, -- -�.... _ -_.o - - " o o /,; 0 010!0 00 r•' ,';;y- , '• _ - _0- -- - 0 15 _ __ - . 1 I ` 4 z 4 -- r� • -• r i t p 1 I II i I i t � 1 1 ,'• 'V. i.-� O I O I o 0 f oo oIo 0 00ild b lot v _ Q .. o i Q�Io�Olc�A oIOiO �'� „ � '- -_ _ �: Z6 20._ I l� I o_O � O iili C *. 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DOWNTOWN • ZONING FILE • <� 5 ft-) - 7 U 6 - 74/4c.,,-L, a--- 7 _24-42 RECEIVED MAY 311994 zo u,n _ . . • • RPCE1VED MAY 3 1 1994 1-4-4:LLe Gt-w-01 F^A, c L u - v -4-' 1 Cae 0- o frt_A- L4 1,k G---151-t+ _./4■c 211) 0.., 7 a 1.2t- ? , .63 g. ` _ RECEIVED - .- - — 3 _ MAY 3 1 1994 - 1 70N l \3r; . 1 i & — ..../ - ,,.,.tea- z, q co 14-1 - . .1..„,...,_,L -z-t---t. _},...............i..„, ci .,..e Giro -t. . - ' 74. 1----4'241 G-.. ..<-.. c..r st -a+-u- c E .4-.,i.- cr- t.,lS.. i w- c.L�•.. —. , ..a-� v A2 :_.., „t-,.Yvls Via. - O..- * 1 , `' . -, L- -c--14 s-v% - -,,,�, � , i � cra -r-� ,,_....e.• i i • 'X't%''4 , . (,i.,•4:72.. I 7/1'1..e_ /.44.,e i 2 --c - 1. /Y / —c w 4.IeJ I4/M"—# G^`.1 /_....r--- M ■•,r - to 0-{.cam• - 1 74 ' � fi.o.n.-t, CV /Lrt.o.a.uf J&.•l .. . ...^,a..e * .% ' .5 j2.7-'2'. ..<1,0_.a., c.[ . ..,,a.,"...s, .0... c•p.Q - j °.C..,,, cr-/: am ... ,. ' .�,4•th... 2A• -�,,.A ; • r •...rse:a .V.VMa'.7���i 1 � r �. •' � - L.�t:41,�i. ..-