98-357Council File
ORf GINA�
Presented By
Referred To
Green Sheet
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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2 WHEREAS, Ronald Severson made application to the Heritaae Preservation
3 Commission (the commission) pursuant to Saint Paul Legislative Code Chapter 73 for a building
4 permit to conshuct a carriage-house-like structtue at 420 Portland Avenue within the Historic
5 Hill Heritage Preservation District; and
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WHEREAS, on February 27, 1997, the commission conducted a public hearing on the
proposal. After discussion, the matter was laid over and the project was again reviewed on
March 13, 1497, and finally approved on Mazch 27, 1997. However, the commission,
inadvertently, did not forxnally pass a resolution approving the project until January 8, 1998; and
WIIEREAS, on Apri18, 1997, Gregory Clark, Carol Clazk and Patricia Leonazd
appealed the Mazch 27, 1997, commission decision but elected to enter into negotiations with the
applicant in the hope that the applicant and the appellants might resolve their differences; and
WHEREAS, the negotiations between the parties failed to reach an acceptable
compromise and the appellants requested that their appeal be heard by the Saint Paul City
Council; and
WHEREAS, the commission in its Resolution No. 2884 granted approval of the building
permit based upon revised plans including only the east elevation marked 3G 1, and subject to
the condition that an appropriate crown molding be added above the transom windows in light of
the Historic Hill Heritage Preservation guidelines. In particular, based upon the evidence
presented at the March 27, 1997, public hearing, the commission made the following findings of
fact:
27 1. The proposed building site is a pivotal and difficult site. It is visible from
28 Suuunit Avenue, it abuts Portland Avenue and a public pazk, and there are
29 large buildings to the south and west that are close to the property lines.
30 This lot can be construed as both the reaz yazd of the Winter House at 415
31 Simunit Avenue and as a lot fronting on Portland Avenue. The proposed
32 carriage house concept (and "front yard" pazking adjacent to Portland) is a
33 reasonable approach to developing the parcel for the following reasons: a)
34 the site is used for, and needs to accommodate, off-street pazking for
35 residents of the Winter House; b) the pazcel has historically been a rear
36 yazd, it is used as a rear yard, and it appears as a reaz yazd due to its
37 relationship to the Winter House; c) there was historically a two-story
38 carriage house on the site; and d) it provides a design solution for a
39 building that is very close to the Winter House in proximity and that is
40 related to it in terms of form, materials, details, etc. The Winter House
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' ORIGfN;�
2 uilt on a through-lot with Summit and Portland frontages; the recent
3 subdivision of the site changes neither the physical relationship of the
4 Winter House to sutrounding land nor the historical nature of the site.
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2. The proposed structure conforms to the district guidelines:
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It would "be compatible with the size, scale, massing, height,
rhytl�m, setback, color, material, building elements, site design,
and character of surrounding structures and the area."
The building elements, materials, scale, height, and character
would be related to, but do not mimic, the adjacent Winter House.
Individual design elements are integrated for a balanced and
complete design.
Though the side elevation would not be parailel to that of the
Winter House, the street-facing elevation would be perpendicular
to the street like those of other structures on this block of Portland.
d. The proposed setback from Portland is reasonable given the rear
yard nature of the site, and the carriage house nature of the
proposed building, the fact that the historic carriage house on the
site was located up to the north property line, and the fact that the
only other structure on the block face (the south side of Portland
between Western and Anmdel) is located closer to the street than
would be the proposed structure.
e. A front porch would not be appropriate given the carriage house
nature of the building.
£ Pazking spaces would be adequately screened from the street and
sidewalk by landscaping. Single gazage doors would avoid the
horizontai orientation of double doors.
The unusual nature of the building and site results from the rarity
of a through-lot. These sorts of anomalies in design and
development add richness, interest, and delight to the historic
district and its chazacter.
3. In addifion, the proposed structure and site development conform to the
federal Secretary of the Interior's guidelines for new construction on an
historic site. The proposed building's design and materials aze related to
and compatible with the primary, adjacent, lvstoric building, i.e., the
Winter House; the design distnaguishes between what is new and what is
historic rather than mimics the historic structure and confuses the two; and
the development would not have an adverse impact on the character-
defining features of the site and the area. The building's design is similaz
to the rear addition of the Winter House with simplified detailing, which is
appropriate for a new secondary shucture. A new buildina of unrelated
design and materiais would detract from the historic integrity of the site;
and
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q�-3s7
OR1GiNAL
3 WI�EREAS, pursuant to the provisions of Saint Paul Legislative Code § 73.06(h), Tricia
4 Leonard, Crreg Clark, and Carol Clazk duly filed with the Council an appeal from the
5 determination made by the commission and requested that a hearing be held before the City
6 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to § 73.06, a public hearing was set on for January 28,
1998, but, at the request of appellants' attorney, the matter was postponed to Febniary 25, 1998;
and
WHEREAS, on February 25, 1998, a public hearing was duly conducted by the City
Council, where all interested parties were given an opportunity to be heard; and
WHEREAS, having heazd the statements made and having considered the application,
the report of staff, the record, minutes and resolution of the commission, the Council does
hereby;
RESOLVE, to deny the appeal of Patricia Leonard, Gregory Clazk and Carol Clark on
the basis that their has been no showing that the commission made any error in fact fmding or
procedure in this matter; and
BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution
to Patricia Leonazd, Crregory Clark and Carol Clark, the Zoning Administrator and the Heritage
Preservation Commission.
Reguested by Department of:
Adopted by Council: Date I�S ,��_
Adoption Certified by Council Se�$tary
BYc
Appxoved by Mayos: te �
By:
BY:
Fosm Approved by City Attorney
a .�'� ��� `•l— Z �' S�
Approved by Mayor for Submission to Council
By:
OFFICE OF T'I�, CITY ATTORNEY " J3 J �
PegBir75 CityAttorney
CITY OF S AINT PAUL
Norm Coleman, Mayor
CivilDivision
400 Ciry Hal[
I S Wes1 Keliogg Blvd.
Saira Pau1, Minnesot¢ 55102
Telephone: 612 266-8770
Facsimiie: 6I2 298-5619
Apri121, 1998
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Gregory Clark, Carol Clazk and Patricia Leonard
HPC Resolution No. 2884
February 25, 1998
Dear Ms. Anderson:
Attached please find a signed resolution memorializing the decision of the Saint Pau1 City
Council in the above-entitled matter. Would you please place this matter on the Council Consent
Agenda at your eazliest convenience.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
i�%Ge�l�l �!�✓�—
Peter W. Wazner
Assistant City Attorney
PWW/rmb
Enclosure
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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Saint Paul, Minnesota
City Council Agenda Item #46
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Saint Paul, Minnesota
City Council Agenda Item #46
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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S. MARK VAUGHT
Attornev At Law
Suire 700
Six West Fifrh Saett
Saint Paui, Minnesoa 5402-1420
j612)297-6M100
FAX (612) 224-8328
February 23, 1998
Councilmember Jim Reiter
320-A City Hall
15 West Kellogg Boulevard
Saint Pau1, Minnesota 55102
��-'� S`
RE: Appeal by Greg and Carol Clark and Patricia Leonard of the
Heritage Preservation Commissian decision regarding 420
Portland Avenue; City Covncil meeting of February 25, 1998;
Agenda Item #46
Dear Councilmember Reiter:
i represent the:appellant's in.the,ahave-referenced matter who
bring-the appeal because-they are._aggrieved by a decision of the
Heritage Preservation Commission ori�inally made on.March 27, 1997,
but.not formalized by,written resolution until January 8, 1498. My
clients all have ownership interests in Nathan House and Mews, a
Condominium Association, located at 415 Summit Avenue, immediately
abutting the subject property. Each has legally enforceable
pedestrian and parking easements over and to the subject property
at 420 Portland which are discussed in greater detail below.
The purpose of this letter is to.summarize the numerous
reasons for my client's appeal. Some of those reasons are
presented in my letter of March 13, 1997 to the Heritage
Preservation Commission. Your attention is also drawn to two
letters to Councilmember Blakey from Judy McLaughlin, President of
the Ramsey Hill Association, dated March 14, 1997 and November 18,
1997, respectively. All three communications are in the
informational packet for your meeting, I believe. The November 18,
1997 2etter indicates concurrence by the Ramsey Hill Association,
with the appeal oE my clients as result of a neighborhood issues
meeting about the project held on November 13, 1997, and it is
particularly persuasive about the reasons there£ore. I commend its
thoughtfulness and reasoning to you.
This appeal is brought for many reasons. In no particular
order, nor necessarily in order of imgortance, they may be
summarized as follows:"
1. The proposal approved by the Heritage Preservation
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Saint Paul City Cauncil
February 23, 1998
Page Two _
Commission (HPC) in March, 1997, was £or a carriage house which was
thirty six (36) feet in width. Much of the material be£ore you
contains diagrams proposing a width o£ forty (40) £eet. The
di£ference is not immaterial. The applicant, Ronald Severson,
currently has an application £or a number o£ variances pending
before the Board of Zoning Appeals (BZA) for the proposed project.
That proposal, never approved by the HPC, ca11s for a width o£
Porty (40) feet. The BZA application also requests relief from
yard setback requirements and from parking stall size and location
requirements. Without BZA approval, HPC approval is irrelevant.
Further, the proposal be£ore the BZA is not the same proposal
previously presented and approved by the HPC. Even if Mr. Severson
secures BZA approval of his variances, it seems likely that
reapproval by the HPC o£ the "altered" design will be necessary.
For those reasons the Council should grant the appeal and remand
the matter to the HPC for consideration by both the BZA and the HPC
of a common design.
2. The orientation o£ the proposed carriage house building
makes it clear that the parking for the property (that which is
required for the parcel itself and that-which is guaranteed to my
clients because they hold parking and pedestrian easements over the
subject parcel) is either £ront yard garking or side yard parking,
or both. In either case, given the requirements of city ordinances
and the zoning code, the proposed parking is tot'ally inappropriate
and completely out of char.acter with the immediatelv surrounding
properties.
3. The orientation of the proposed carriage house on the lot
means that the side of the building will face the front o£ the lot.
This orientation is not dissimilar to that of a home placed on a
lot on Ashland Avenue several years ago, which was deemed to be
inappropriate and which was ordered removed by the City. The fact
that the side of the proposed building would face the front o£ the
lot means that the structure, if built, would be totally out of
character with any building or either side o£ Portland Avenue on
the £ull block and £or that reason alone, ought not to be allowed.
4. The small size o£ the lot in question in terms of square
footage and the necessity, because of existing easements to
guarantee both pedestrian and parking access across the lot to
residents of 415 Summit Avenue, would require some unusual and in
the main, unacceptable, £eatures. First, th�e "front" of the
carriage house would face and would be, at its closest point, less
than £ive (5) £eet £rom Nathan Hale Park, a neighborhood treasure
the enjoyment of which would be materially negatively aEfected by
the construction. Second, the carriage house, again at its closest
point, would be approximately eight (8) £eet from the structure in
which my clients' condominium units are located. Third, the
��,�5��
Saint Paul City Council
February 23, 1998 ,
Page Three � , ,
carriage house structure would be a mere fdur.(4) feet from an
enclosed exterior staircase to the basement oE the condominium
property at 415 Summit Avenue. The impac of this proximity upon
the £unctioning oP the cellar door which must be swung up and out
� to access the down staircase is obvious. The mass•and placement of
, the Carriage house structure on the lot is unacceptable and
presents a clear negative impact on my clients' adjoining property.
5. The footprint o£ the proposed building and the existing
two car garage (which because the applicant has £ailed to provide
proper paving on the lot is unusable? on the lot arguably exceed
the percentage coverage requirements of the local ordinances £or
the zoning lot in question.
6. The argument implicit in the HPC sta£f report and
£indings that 420 Portland and any proposed structure thereon
should be seen as "accessory" to the building at 415 Summit is
disingenuous and plainly not true. Though the two properties are
historically part o£ the same zoning lot, two distinctions are
- relevant. First, the portion of the prior zoning,Tot now known as,
420 Portland never contained an accessory buil'ding o£ the size or
residential character of the proposed carriage house/garage. At
most,' a small out building was at one time located on the 420
Portland portian of the lot. Second, the properties are now
separate and distinct zoning lots, without common ownershig, as a
result o£ the 1990 lot split and bear no more or less relationship
to each other, in terms of allowed uses, than any two other
adjacent properties anywhere in the city.
7. The necessity, because of the parking easements held by
my- clients and other owners of property at 415 Summit, Eor
providing at least nine o£f street parking places on the subject
parcel would require, if indeed it is even possible, such a
torturing o£ the zoning code parking requirements as to call into
serious question both the desirability and feasibility of the
entire project. And, jamming all of that parking and a carriage
house onto the lot would negatively impact other neqessary
functions such as winter snow removal and storage and trash
retrieval which would of necessity need to be performed at a much
heightened level i£ a residential struCture were shoehorned onto
this lot. -
$. As indicated in my letter to the HPC of March 13, 1997,
the applicant, Mr. Severson, does not have complete site control of
the parcel. In other words, his proposal is premature. My clients
have a blanket easement £or pedestrian access o�zer the entire 420
Portland property flowing from the Condominium Declaration which is
recorded in the Office of Ramsey County Recorder. At the time of
the recording the two parcels were a single zoning lot and Mr.
o��,�S�
Saint Paul City Council
February 23, 1998
Page Four
Severson took the property through purchase subject to the
easements. While the recorded document allows delineation of the
pedestrian easement, as o� this date, Mr. Severson has not chosen
to'do so and unless and until he does and unless and until that
delineation survives whatever searching inquiry or challenge to
which my clients may wish to subject it,._Mr. Severson has no more
right to build on the propert� than he does in the middle of a
public street or park. Additionally, each condominium unit at 415
Summit, of which there_are four, by virtue of the same recorded
doaument, has an easement right to two parking spaces on the
property at 420 Portland. These eight spaces are in addition to
the off street parking requirements for the lot as a result o£ Mr.
Severson proposed construction. On in£ormation and belie£, none o£
the unit owners has waived the requirements: Therefore, given that
the applican cannot force any of the easement holders to accept
and pay for parking in the proposed carriage house garage spaces,
the parcel does not contain su££icient room to provide the parking
spaces required by the easement and room to build the proposed
carriage house also. Apparently; the HPC was advised by its staf£
no'only that it need not consider the site control arguments, but
that it could not. O£ course, that isn't true. Why would the city-
waste its. staff time and resources considering a project which
because of the easement and variance requirements isn't even
presently possible. At a minimum, the appeal ought to be granCed
and the matter sent back to the HPC for further consideration when
and if the variance and site control issues are resolved.
Both my clients and I will be present at the public hearing to
ansvrer any questions you might have.
Ve tr yo ss,
�
S. Mark Vaug t
Attorney at Law
cc Jan Karan
-r �
Louis C. Sudheimer
439 Portland Avenue
Saint Paul, Minnesota 55102
Councilman Blakey
Saint Paul City Council
City Hall
44 W. Kellogg Bivd.
Saint Paul, MN 5102
Re: The 5everson's Carriage House Proposal & the FIIPC Appeal
Dear Councilman Blakey:
��"�
February 25th, 1998
Attached are photostatic copies of a hastily assembled four page petition contauiing the signatures
of 39 neighbors, neazly all of whom live within one block of, and literally surrounding the Nathan
Hale park and this Carriage House site.
7erry, As you can see, this is a very important issue to many Ramsey Hill Residents.
Many of us feel that, on this issae, the Ramsey Hill Association's leadership has made a serious
error, and does NOT represent us, or many other neighbors, on their very ill-advised decision to
support the appeal of a properly made HPC decision.
It is very important that what is constructed on this highly visibie site, right next to a lovely public
park and visible to passers-by and tourists from Summit Avenue, our Ciry's Cadillac thoroughfare,
be historically appropriate and aesthetically pleasing. Both of the two designs that have been
approved by the HPC for this site are excellent solutions, either would be a wonderful
enhancement of our City and the neighborhood.
However, a very small group (only 5 condo owners) of vocai and well-connected opponents are
against � HPC approved proposals. In addifion, ss far as I've been able to determine, the
oppanents have no alternative solutions or proposals for this important site that are acceptable w
them, their apparent go:il is for nothine to be built This is not a fair posifion of opposition, private
land rights are involved here.
In addition, the Ramsey F3ill Associazion Leadership's decision to support an Appeal to overturn a
valid and carefully considered decision by the HPC is misguided and even worst, it smacks of
"insider" influence and favors, as two of the five most acfive opponents are RHA Board members.
We urge you to postpone any decision on this matter, unless you wish to deny the appeal for it's
obvious lack of ineri� In either event, postponement or denial, we also urge you to assemble a
delegarion of both opponents and supporters to attempt to craft an acceptable compromise before
this matter comes up to you again through an apgeal of the ZAB grocess.
Jerry, this issue is symptomatic of a larger set of historic district issues and City wide issues.
Sincerely,
Louis C. Sudheuner
on behalf of well over 50 Ramsey Hill nnmediate Neighbors
648-7718
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February 8, 1998
We, the undersigned, want the St. Paul City Council to support the St. Paui
Heritage Preservations ��nan;t approval of the carriage house proposal at 420 Portland
Ave. because:
i) Tlus is clearly a backyard. An au�liary structure (carriage house) is the onty
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected af a
builder.
A. He has attained approval of the Preservarion Commission after long
consultation with them.
B. Iie has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The catriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new garage on Summit Court.
4) This design will be a handsome addition to the perixueter of Nathan Hale Park.
5) It is important to the long term viability of the Preservation Commission.
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February 8, 1998
i
We, the undersigned, want the St. Paul City Council to support the St. Paul
Heritage Preservations i,nan;mo� approval of the carriage house proposal at 420 Portland
Ave. because:
1) This is clearly a backyazd. An auxiliary structure (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservation Commission aRer long
consultation with them.
B. Ha has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifui new garage on Summit Court.
4) This design will be a handsome addition to the perimeter of Nathan Ha1e Park.
5) is ' ortant to the long t viabili of the Preservation Commission.
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February 8, 1998
We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preservations unan;mous approval of the carriage house proposat at 420 Portland
Ave. hecause:
1) This is clearly a backyazd. An auxiliary stzuchue (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are nornially expected of a
buiider.
A. He has attained approval ofthe Preservation Commission after long
consultation with them.
B. He has attempted to negoriate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands,
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new gazage on Summit Court.
4) This design will be a handsome addition to the perimeter ofNathan T3ale Park.
5) It is important to the long term viability of the Preservarion Commission.
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We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preseroations unanimous approvai of the carriage house proposal at 420 Portiand
Ave. because:
1) This is clearly a backyard. An auxiliary structure (casiage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservarion Commission after long
consultataon with them.
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B. He has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors aze now making unreasonable demands.
The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifixl new garage on Summit CourC.
Thia design will be a handsome addition to the �rimeter of Nathan Hale Park.
Tt is important to the Iong term viability of the Preservation Commission.
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400 Selby Avenue, Suite M, St. Paul, MN 55102
November 18, 1997
Councilmember 7erry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota SS1Q2
Dear Councilmember Blakey,
°� � " �S'�
the future ot a historic neighborhood in Saint Pau)
At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requestittg that the City Council uphold the aggeal af the 5aint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the following
reasons:
1) the proposed structure and existing garage may exceed the maximum 30% pernutted lot
coverage;
2) the necessary vaziances have not been deternuned nor applied for;
3) the proposed paved area is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residentiai azeas;
4) the proposed front yard parking necessary to meet off-street pazking requirements is
inappropriate.
° 5) the Portiand Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Porfland Avenue lot. At one time it served as the rear yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concutred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yard along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 5ummit Avenue, even though the design may incoiporate certain features from
the dwelling on Summit.
4) Section 73.06 (n(3) of the Saint Paul Legislative Code (Heritage Preservation Section) states:
In the case of a proposed new building, that such building will not in itself, or by reason
of its loeation on the szte, materially impair the architectural or hiszoric value of
buildings wz adjacerct sztes or in the immediate vicinity within tlze historic preservatiore
site.
��� - �s `1
The proposed dwelling structure cames non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entiUed "north elevation" (attached). These features inciude a main entrance facing Portland, a
porch typical of the residential struetures in this neighborhood and appropriate architectural detail
for the front of a dwelling. TFus is contradictory to the portion of the Heritage Preservation
Ordinance referenced above.
4) The proposed sideyard parking is expressly prohibited by the Saint Paul Zoning Code.
5) The pzoposed front yard patking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the e�sting garage than the 18 feet required under the
Zoning Code.
Finally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the properiy owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approval by the Aeritage Preservation
Commission was premature because the applicant does not have clear site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legally be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance the
Association believed the Heritage Preservation Commission erred in its decision. The applicant
should be encouraged to re-apply for HI'C review when control of the site has been resolved,
appropriate vaziances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in our neighborhood.
/
�� ��� �
McJ�aughlin, Presi t
sey Hill Association
Ca City Councilmembers
District 8 Planning Council
Ron Severson
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OFFICE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
RobertKessler, Director
CITY OF SAINT PAUL
Nornr Coleman, Mayor
LOWRYPROFESSIONAL BUIGD7NG
Saite 300
350 St Peter Sveet
Saint Paul, Mirmesola SS701-ISIO
23 January 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hail
Saint Paul, Minnesot� 55102
Deaz Ms_ Anderson:
�t� .:� ��.j.
y�,
Tekphone: 611-266-9090
Focsimile: 672-266-9099
The City Council is scheduled to conduct a public hearing on January 28, 1998 concerning an appeal
of a decision by the Heritage Preservation Commission (agenda item #27). The appellants' attorney,
Mark Vaught, has requested that the hearing be postponed as one of the appellants will be out of
town. I would like to request that the appeal hearing be postponed to February 25, 1998. I have
confirmed this new date with all parties involved.
The case information is as follows
Appel]ants: Tricia Leonard, Greg and Cazol Clark
FII'C File: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant
approval of a building permit to consiruct a structure with one
dwelling unit and four gazage stalls (proposed by Ronald Severson).
Address: 420 Portiand Avenue (south side between Summit and Arundel)
Thank you for your assistance.
Sincerely,
J f ��`i°yL ��" `�""��
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP Director
Charles Skrief, HPC Chair
Dauid Heide, HI'C Vice Chair
Peter Warner, CAO
John Miller
Ron Severson
Mazk Vaught
QFFICE OF LICENSE, INSPECTIONS AND
ENVIRON2d�T1'CAL PBOTECTION
Raben Kessler, Director
CITY OF SAINT PAUL
Norm Colemmt, Mayar
5 7anuary 1998
Ms. Nancy Anderson
Assistant Secretary to the Clty Council
310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
7AWRYPROFESSIONAL BUILDING
Suite 300
350 St Peter Street
Saint Paul, .LI'mnesota SSIO2-I510
98 �57
2/
Telephone: 612-2669090
Facrimi[e: 61 L266-9099
I would like to request that a public heazing before the City Counci] be scheduled for Wednesday,
January 28, 1998 for the following appea] of a Heritage Preservation Commission decision:
Appellants: Tricia Leonard, Greg and Caroi Clazk
HPC Fi1e: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a
building permit to construct a structure with one dwelling unit and fow garage
stalls(proposed by Ronaid Severson).
Address: 420 Portland Avenue (south side between Summit and Arunde])
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0
on March 27, 1997 to approve the requested permit.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
have any questions.
Sincerely,
�'�'�. �����
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Charles Skrief, HPC Vice Chair
Peter Wamer, CAO
John Miller
Ron Severson
Mazk Vaught
l� i:^ a._ . �.. i .�_..,.
:■
Ji��v 6 `f 19Q8
y8- 35'7
From: Aaron Rubenstein
To: CCOUnci1.COUNCIL.nancya, CCOUnci1.COUNC2L.marye
Date: 12/2/97 11:21am
Subject: 420 Portland
I sent a letter to Nancy (dated 11 J.971 requesting a public hearing on December 10
for an appeal o£ the HPC approval of a new carriage house at 420 Portland Avenue.
Please remove this item Erom the December lOth agenda. I am working on rescheduling
the appeal £or December 22 or January 28 (because the HPC needs to act on a formal
resolution on the matter on December 11).
CC: CCouncil.COUNCIL.jerryb, CCouncil.COUNCIL.gerrym, ...
OFFICE OF LICENSE, INSPECTTONS AND
ENVIRONMENTAL PROTECTION
Robert Xessler, Director
CITY OF SAINT PAUL
Nonrs Caleman, M¢yor
7 November 1997
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Anderson:
LOWRYPROFES.SIONAL BUILDA'G
Suite 300
350 S� Peter Street
Saint Paul, Minrseso[a 55102-I510
98-�5�
Zelephorse: 612-266-4090
Facsimile: 612-266-9099
I would like to request that a public heazing before the CiTy Council be scheduled for Wednesday,
December 10, 1997 for the following appeal of a Heritage Preservation Commission decision:
Appellant:
HPC File:
Pwpose:
Address:
S-i�� �ricia Leo.�cvd� Cr��s c.v.� ltcrol L�nu�- .5K
#2884
Appeal a Heritage Preservation Comm3ssion decision to grant approval of a
building permit to conshuct a two-story carriage house with one dwelling unit
and four gazage stalls (proposed by Ronald Severson).
420 Portland Avenue (south side between Summit and Mackubin)
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0 to
approve the requested permit on Mazch 27, 1997.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
ha�e any questions.
Sancerely,
�
)l f
��"" �� �,,, U '� �"�
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Peter Warner, CAO
Ron Severson
John Miller
Mark Vaught
OFfICE OF LICENSE, MSPECTIONS AND
EIdVIRONMEN'IAL PROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Norm Coleman, MQyor
LCJWRYPROFESSIONAL BUfLDING
Suite 300
350 St. Pe[er Street
Saint Paul, Minnesota 55101-I510
18 February 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota SS 1Q2
98" 3 5?
Telephone: 612-266-9690
F¢csimile: 672-266-9099
RE: HPC File #2884: Gregory Clark, Cazol Clark, and Patricia Leonard, appellants
City Council Hearing: 25 February 1998
PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building
permit application to construct a new sttucture containing one dwelling unit and four garage stalls at
420 Portland Avenue.
HERITAGE PRESERVATION COMMISSION A TION• Approval.
STAFF RECOMMENDATION Approval.
PUBLIC TESTIMONl': Four people spoke; three of them expressed concems about the project.
Dear Ms. Anderson:
Gregory Clark, Carol Clazk, and Patricia Leonard, a11 residents of 415 Summit Avenue, have appealed
the decision of the Heritage Preservation Commission (HPC) to approve Ronald Severson's plans to
construct a new structure at 420 Portland Avenue, which is directly behind 415 Summit Avenue.
Mr. Severson's proposa] was reviewed and discussed by the HPC at five meetings. The commission
intially held a concept review of the project in July of 1995. A second, informa] concept review
occurred in November of 1996. The commission held a public heazing on the proposal on
February 27, 1997, at which four members of the public spoke; after some discussion, the HPC laid
over the matter. The project was again reviewed at the Mazch 13, ] 997 HPC Design Review
Committee meeting and was fmally approved, by an 11-0 vote, at the Mazch 27, 1997 HPC meeting.
The design of the proposed project evolved as a result of each of these meetings (as numerous
attached plans for the building show). The commission, inadvertently, did not formally pass a
resolution approving the proposed project until January 8, 1998 (10-0 vote).
The commission's approval of Mr. Severson's pro,ject was appealed by the above-named parties in
April of 1997. A heazing on the appeal was held in abeyance pending negotiations among concemed
parties (this process was approved by the City Attorney's office)_ Those negotiations appazently were
not entirely successful and the appellants have asked for the appeal to go forward.
The April 8, 1997 letter of appeal from Mark Vaught, the appellants' attomey, identifies four general
q8-35?
Ms. Nancy Anderson
Re: HPC Appeal / 420 Portland Avenue
18 February ] 998
Page Two
grounds for the appeal. The first states that the application, or project, does not conform to the
requirements of Chapters 73 and 74 of the Legislative Code; specifics aze not given. Chapter 73 is
the ordinance establishling the HPC and its processes, etc. Chapter 74 contains the ordinances
establishing historic districts and sites, including the desigi review guidelines for the Historic Hili
Disuict in which the subject site is ]ocated. The second and fourth gounds cited in the letter of
appeal relate to zoning code requirements and pazking and pedestrian easements; these issues aze not
within the jurisdiction of the HPC. T'he third issue cited, front yard parking, is addressed in the
HPC's resolution.
This appeal is scheduled to be heazd by the City Council on February 25, 1998. Slides of the site will
be available at the Council meeting if Councilmembers wish to view them. I have attached the
documentation reviewed by the HPC in making its decision. The first group of documents aze those
most important to understanding the current situation--a location map, a site plan and elevations of
the proposed building, the HPC's resolution, the appeal letter, and two follow-up letters. The
remaining documents are those reviewed by the commission at the six meetings mentioned above.
Very truly yours,
��-�,� /U�C��,V��y�J
Aazon Rubenstein
Heritage Preservation Planner
Attachments
cc: City Councilmembers
Robert Kessler, LIEP
Peter Wamer, CAO
Mark Vaught
Ronald Severson
John Miller
Charles Skrief, HPC Chair
David Heide, HPC Vice Chair
98-3s �
420 PORTLAND APPEAL: TABLE OF CONTENTS
4
5-12
13-15
16-17
18-19
20-21
22-28
29-52
53-54
55-78
79-81
82-86
87-102
I. Introduction
Area map
Plans approved by HPC 3.27.97
HPC resolution granting approval (1.8.98)
Letter of appeal (4.8.97)
Foliow-up letters conceming appeal
II. Information reviewed b��C (in chronological order�
Plans--1995 proposal
11.6.96 informal concept review meeting--summary and plans
Staffreport and attachments for 2.27.97 HI'C review
2.27.97 HPC summary
Materials conceming 3.13.97 HPC Design Review Committee review--cover memo, plans,
1903 Sanbom map, Secretary of the Interior's standazds and guidelines, summary, letter
from Mazk Vaught
John Miller's 3.21.97 response to Mr. Vaught
New information concerning HPC review on 3.2799--cover memo, summary, letter to
Councilmember Blakey from Ramsey Hill Association
Additional information reviewed by HPG-11.1 ].97 letter to Judy McLaughlin from Mervyn
Hough; 11.18.97 letter to Councilmember Blakey from Ramsey Hill Association;
1989 plans for carriage house on same site, approved by HPC, and 1992 revisions
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98 -35 7
CITY OF SAINT PAUL
HERITAGE PRESERVATION CONIlVIISSION RESOLUTION
FILE NUMBER 2asa
DATE 8 January 1998
WHEREAS, the Saint Paul Heritage Preservation Commission is authorized by Chapter 73 of the Saint
Paul Legislative Code to review building permit applications for exterior alterations, new construction or
demolition on or within designated Heritage Preservarion Sites or Heritage Preservation Districts; and
WHEREAS, Ronald Severson has applied for a building permit to construct a carriage-house-]ike
structure at 420 Portland Avenue within the Historic Hill Heritage Preservation District; and
WHEREAS, the proposed building site is currently used for off-street pazking by residents of 415
Summit Avenue; there is a two-stall gazage and unpaved driveway and pazking azeas; and
WI3EREA5, the Historic Hill District Heritage Preservation District guidelines for design review
include the following:
III. New Consbuction, A. General Principles: The basic principle for new construction in the Historic
Hi11 District is to maintain the district's scale and quality of design. ...New construction should be
compatible with the size, scale, massing, height, rhythm, setbacl� color, material, building elements, site
design, and character ojsurrounding structures and the area.
III. B. Massing and Height: New construction should conform to the massing, volume, height and scale
of existing adjacent structures. Typical residential structures in the Historic Hill District are 25 to 40
feer high The height of new construction should be no lower than the average height of all buildings on
both block faces; measurements should be made from street level to the highest point ojthe roofs.
Ill. D. Materiats and Details: ...The materials and details of new construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate and
tite; asphalt shingles which match the approximate color and texture of the preferred materials are
acceptable subsiitutes. ...Materials, including their colors, will be reviewed to determine their
appropriate use in retation to rhe overall design of the structure as well as to surrounding structures.
777. E. Building Etements: Individual elements of a building should be integrated into its composiJion for
a balanced and complete design. These elements for new construction should compliment existing
adjacent structures as well.
I77. E. 1. Roofs: ... The skytine or profile of new construction should relate to the predominant roof shape
of existing adjacent buildings.
771. E. 2. YVindows and Doors: The proportion, size, rlrythm and detailing of windows and doors in new
construction should be compatible with that of existing adjacent buildings. ...Facade openings of the
same general size as those in adjacent buildings are encouraged. ...Wooden double-hung windows are
traditional in the Historic Hitl District and should be the first choice when selecting new windows.
III. E. 3, Porches and Decks: In general, houses in the Historic Hilt District have raofed front
��
98-35 7
Heritage Preservation Commission Resolution: File #2884
Page Two
porches.... If a porch is not built, the transition from private to public space should be articulated with
some other suitable desigrr element.
III. F. Site, 1. Setback: New buildings should be sited at a distance not more thwz S% out-of-line from
the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. This happens quite often in the
Historic Hil] area and can lend detightful variation to the street.
III. F. 3. Garages and Pmking: Where alleys do not exist, garages facing the smeet or driveway curb
cats may be acceptable. Garage doors should not face the street. If this is found necessary, single
garage doors should be used ro avoid the horizontal orientation of rivo-cm gmage doors.
Parking spaces should not be located in front yards. Resideniial parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from Yhe streei and sidewalk by
landscaping, and
WHEREAS, the Saint Paul Heritage Preservation Commission, based upon evidence presented at its
Mazch 27, 1997 public hearing on said permit application, made the following findings of fact:
1. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts
Portland Avenue and a public park, and there aze lazge buildings to the south and west that are close
to the property lines. This lot can be construed as both the reaz yazd of the Winter House at 415
Summit Avenue and as a lot fronting on Portland Avenue. The proposed carriage house concept
(and "front yazd" parking adjacent to Portland) is a reasonable approach to developing the parcel for
the following reasons: a) the site is used for, and needs to accommodate, off-street parking for
residents of the WinYer House; b) the parcel has historically been a rear yazd, it is used as a rear
yazd, and it appears as a reaz yard due to its relationship to the Winter House; c) there was
historically a two-story carriage house on the site; and d) it provides a design solution for a building
that is very close to the Winter House in proximity and that is related to it in terms of form,
materials, details, etc. The W inter House was built on a through-lot with Summit and Portland
frontages; the recent subdivision of the site changes neither the physical relationship of the Winter
House to surrounding land nor the historical nature of the site.
2. The proposed structure conforms to the district guidelines:
a. It would "be compatible with the size, scale, massing, height, rhythm, setback, co]or, material,
building elements, site design, and character of surrounding structures and the azea."
b. The building elements, materials, scale, height, and character would be related to, hut do not
mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and
complete design.
c. Though the side elevation would not be parallel to that of ttie Winter House, the street-facing
elevation would be perpendicular to the street like those of other structures on this block of
Portland.
d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the
�T
q8-357
Heritage Preservation Commission Resolution: File #2884
Page Three
carriage house nature of the proposed building, the fact that the historic carriage house on the site
was located up to the north property line, and the fact that the only other structure on the block
face (the south side of Portland between Western and Arundel) is located closer to the street than
would be the proposed strucrure.
e. A front porch would not be appropriate given the carriage house nariue of the building.
f. Pazking spaces would be adequately screened from the street and sidewalk by landscaping.
Single garage doors would avoid the horizontal orientation of doubie doors.
The unusual nature of the building and site results from the rarity of a through-lot. These sorts of
anomalies in design and deve]opment add richness, interest, and delight to the historic district and
its chazacter.
3. In addition, the proposed structure and site development conform to the federal Secretary of the
Interior's guidelines for new construction on an historic site. The proposed building's design and
materials aze related to and compatible with the primary, adjacent, historic building, i.e., the Winter
House; the design distinguishes between what is new and what is historic rather than mimics the
historic structure and confuses the rivo; and the development would not have an adverse impact on
the character-defining features of the site and the azea. The building's design is similar to the rear
addition of the Winter House with simplified detailing, which is appropriate for a new secondary
siructure. A new bnilding of unrelated design and materials would detract from the historic
integrity of the site; and
WAEREAS, though there are, or may be, zoning issues, legal issues, and other issues pertaining to the
proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the
commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative
Code and the district design review guidelines;
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings, the Heritage Preservation
Commission grants approval of a building permit for the proposed structure, based on the revised plans
including only the east elevation mazked 3C-1, and subject to the condition that an appropriate crown
molding be added above the transom windows.
MOVED BY Baker
SECONDED BY Aauser
IN FAVOR 10
AGAINST 0
ABSTAIN 0
Decisions of the Heritage Preservatios Commission are final, subject to appeal to the City Council within 14
days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable
building and zaning aode requiremenCs, and does not constitute approval for tax credits.
15
9�-357
S. Maxx Vau�Frr
anorneyAr Law
Suiu 700
Su Wesc Fifrh Saett
Saint Paul, Minneson 55102
(612)297-6400
FAX (612) 224-8328
April 8, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 3�0
Saint Paul, Minnesota 55102
RE:
File #2884
Dear Mr. Rubenstein:
On behalf oE my clients Gregory Clark, Carol Clark and
Patricia Leonard, all residents o£ 415 Summit Avenue, Saint Yaul,
Minnesota 55102; and Laurel Frost and Mervyn Hough, residents of
73fi Portland Avenue, Saint Paul, Minnesota 55102; each of whom is
an aggrieved party as that term is used in Saint Paul Legislative
Code, Chapter 73.06(h), please consider this letter as the appeal
of the aggrieved parties to the City Council, pursuant to the cited
section, of the approval of the above-entitled matter by the
Heritage Pzeservation on April 27, 1997.
The grounds for the appeal are generally as £ollows:
l. The application as approved fails to meet the
requirements of Chapter 73 and 74 of the Saint Paul Legislative
Code relating to design and other functions regulated by the cited
chapters;
2. Specifically, the application fails to comply with the
Saint Paul Zoning Code requirements with respect to outside storage
of trash, snow removal and storage, property line setbacks,
provision of the proper number and spacing of parking places on the
property, and trafPic circulation;
3. The application contains provisions for a front yard
parking lot in violation of the provisions of the Saint Paul
Legislative Code;
4. The application violates certain pedestrian and parking
easements which attach to the property.
My clients have agreed with Mr. Severson to engage in
negotiation with respect to the application. All parties have
�� � �
q8-357
Aaron Rubenstein
April 8, 1997
Page Two
agreed to maintain the status quo so long as the negotiations are
proceeding. Therefore, though the agreement of the parties calls
for my clients to perfect this appeal, they ask that no action be
taken to schedule a hearing thereon until such time as the
negotiations are abandoned as fruitless. In the event that
happens, written noti£ication will be provided to your office.
I assume this document is sufficient to perfect the appeal
under the cited code provision. If I incorrect, please noti£y me
immediately.
Please direct a11 neces'sarv written communications and notices
regarding this appeal to my o£fice.
Very truly yours,
��C� �� � ��:�,�
�
S. Mark Vaugfit
Attorney at Law
�� . � �
98�35 ?
Warren E Pemrson
Ierome P Filla
DaniellV�ll Fram
Glenn A Besgman
Iohn M¢hael Mdler
Michael T Obede
Kenne[hA Amdahf
Steven H Bmns'
PaullV Fahning
Timothy P Russell
Es[herE McGinnis
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Swtc { )0
50 East Flhh Street
5[ Paul, MN 55101-I 1�7
1612129I-R��;
Ibt?4 2?A-1753 facsimde
Aieh'in ) Silvec O( Coun<el
Direct Dial ►290-6909
October 7, 1997
S. Mark Vaught, Esq.
6 West Fifth Street, Suite 700
St. Paul, MN 55102
BY FACSIMILE
aHn u.s. �=v
RE: Purahase of Property Adjacent to Nathan House & Mews
Condominium
Our File No.: 11127f950001
Dear Mr. Vaught:
I met recently with Ron Severson regarding development of the
property to the north of 415 Summit Avenue. Mr. Severson and some
of your clients have evidently met a couple of times in order to
discuss the situation and try to reach some mutually satisfactory
arrangement. According to the information which I have received
from Mr. Severson, it appears that at least some of your clients
are taking the position that they will not agree to the building of
any residential structure on that property under any conditions.
If, in fact, that is their posi�ion, there seems to be little use
in continued discussions or engaging the services of a mediator.
(Please see Paragraph 4 of my letter of March 28, 1997 and your
notes of our phone conversation of that same date.)
Accordingly, please consider this letter Mr. Severson's notice to
you pursuant to your letter of March 27, 1997, that the
negotiations appear fruitless and that Mr. Severson will take the
appropriate steps in two weeks in order to obtain the appropriate
approval.s trom the City to comnlete the project.
In the meantime, of course, Mr. Severson and I would certainly be
willing to continue meaningful discussions if you or your clients
are interested in doing so.
Thank you.
JMM:cnd
cc: Ron 5everson
iller
Celebrating
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98-35?
S. MARK YAUGHT
A tt o rn ey At Lau�
Suite700 `"- '��!
Ci r;i;'�' �^
Six Wut Fifth Stteet '- � - � = � ,
Sainc Paul, Minnesota SS 1Q2-1420
(612) 297-6400 97 C'r � I w!!; i i� I I
FAX (612) 224-8328
October 10, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 300
Saint Paul, Minnesota 55102
RE: Anolication of Ronald Severson to Construct a Cazriaa
House at 42Q Portland Avenue; Heritage Preservation
�OG1Yi[iSaiGi1 :7.ie :i0. l.
Dear Mr. Rubenstein:
By letter dated April 8, 1997, a copy of which is enclosed, a
number of my clients, who were affected parties, appealed the
decision o£ March 27, 1997 by the Commission in the above-
referenced matter. My letter to you of April 8, 1997, mistakenly
states that the decision appealed fzom was made on April 27, 1997.
The correct decision date is March 27,.1997.
Pursuant to agreement of the parties, which decision zvas made _
after cOnsultation with Assistant City Attorney Peter'Warner, the
appeal has been held in abeyance while the parties have attempted
to negotiate the mattar. On October 7, 1997, Mr. Severson's
attorney in£ormed my clients in writing that Mr. Severson was
abandoning the furthez negotiations as fruitless.
Accordingly, this letter is to request that the appeal be
scheduled for hearing before the appropriate body. Upon your
receipt of this letter, please contact me or have Mr. Warner do so
to arrange for the scheduling o£ the appeal and the submission of
additional �a*_�erwork an b�half of mv clients.
Ver- uly ours,
- � L��
S� Mark Vaught
Attorney at Law
cc Peter Warner, Esq:,_with enclosure
Susan Bergen, without.enblbsure_
Carol and,Greg Clark, without enclosure.,. _,,
I,aurel Frost, without enclosure
Mervyn Hough, without enclosure .
Tricia Leonard, without enclosure
John Michael Miller, Esq., without enciosure
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y 8-35?
Meetin�Sim�maz3'
informal concept review mceYing
re: 420 Portland Avenue carriage house
6 November 1996
present: Ron Seveison, Bob Limning, David Heide, Charies S1Qie� Aazon Rubenstein
smuniary prepazed by Rubenstein
Severson presented two designs, one with fow garage stalls facing Portland and a 25' &ont setback and one
with four stalls facing west and a 15' &ont seWack (both desigos similar to those now proposed in February
1497 but buildings were parallel with east properiy line and not with Portland).
Heide: should Uris cazriage house read as an independent sWcture or resemble the original part of the Winter
House or the simpler rear addition?
Lunning: could go either way; could entertain good contemporary design tespectCul but not closely related to
main building; secondary buildings tended to be simpler; tlus building could be simpler in form and detailing
than the front part of the house--that would be more appropriate; these designs try awfully hard--perhaps too
hazd--to follow feedhack given at previous HPC meeting.
Heide: proposed carriage house is more elaborate than the rear addition of the house; concerned about false
historic precedent for carriage house at this location; no sense of pedestrian entry; concemed about quality of
unbuilt spaces on the ]ot.
Slvief: troubled by gazage doors so visible from Portland--important sUretch of Portland, view &om Portland
gerhaps more important than from Sunuuit.
Limning: packing court at reaz of 415 Summit, with gazage doors facing west, better than doors facing
Portiand from every perspective except view from building to west; nced to look at how to screen and
unprove relationship with Portland, be welcoming from Portland--show entrance or pedestrian way.
Discussion about pedestrian design connection between building and Portland.
Discussion about replica6on/mimicry versus contemporary but compatible design; Heide concerned about
false historicity; guidelines seem to ailow either approach.
The remainder of the discussion focused on plan B--with gazage doors facing west.
Lunning: plan B better meets ]arger neighborhood and public interests; suggested building could follow both
east and north properly lines (trapezoidal shape)--building huns perhaps with porch element.
Heide: openings not proportionate to scale of building and overly detailed.
Discussion about garage doors and type; perhaps set back 1' from wali.
Lunning: encoutaged Severson to look at quality of entire space, particulazly for building to the west
Heide: second story windows larger than first; what about windows penetrating the comice--lower cornice?
Severson: will look at revising plans and getting variance for plan B.
Heide: suggested that illustrations, even small iine drawings, showing entire views from park and Portland
would be usefiul (carriage house, main house, apartment bwlding, trees).
Apartment building to west very close to street, not set back 25'.
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HPC FILE #2884
CTI'Y OF SAINT PAUL
HERITAGE PRESERVATION COMA�SSION STAFF REPORT
FILE NAME: Construct cazriage house
APPLICANf: Ronald Severson
DA'I`E OF APPLICATION: 2.14.97
DATE OF HEARING: 227.97
LOCATION: 420 Portland Avenue (south side betweea Westem(Summit and Arundel)
HPC SITE/DISTRICT: FIistoric Hill IJisfrict CATEGORY: N. A.
CI.ASSIFICATION: Major
STAFF INVESTIGATION AND REPORT: DATE: 4.23.9'i
BY: Aazon Rubenstein
A. SITE DESCRIPTION: The subject site is a flat, dirt lot used for off-street pazking for the residents of
415 Summit Avenue which adjoins to the south. A two car gazage was constructed in the southwest
comer of the site 1.3 yeazs ago. To the west is a]azge, four story, brick condominium building and to
the east is the triangular Nathan Hale Park.
The E. W. Winter House at 415 Summit is a two and one-half story residence constructed in 1882 in a
vemaculaz Second Empire sryle and later remodeled in the Queen Anne style. Elements of both styles
are evident. A two story reaz addition was consiructed in 1886. Cass Gilbert designed an 1892
remodeling. The Winter House is categorized as pivotal. The structure has a mansazd roof (rear
addiuon hipped) with wood shakes, clapboazd siding, double hung windows, and a limestone foundation.
In the 1980s, the building was converted into four condominium units. A new, east side, pyramidal
]ripped roof, entry porch was approved by the T in 1987.
B. PROPOSED CHANGES: The applicant proposes to construct a two story "carriage house" residence,
with four gazage stalls at ground levei, on the east side of the lot.
C. GITIDELINE CITATIONS: The Historic Hill Heritage Preservation Distriet guidelines for design
review include the following:
III. New Construcdon, R. General Principles: The basic principle for new construcdon in the
Historic Hill District is to maintain the district s scale and quality of design. ...New construction
should be compatible with the size, scale, massing, height, rhythm, setbact� color, materiaf, building
elements, site design, and rharacter ofsurroundingstructures and the area.
III. B. Massing and Height: New construcdnn should conform to the massing, votume, height and
scale of exisdng adjacent struciures. Typicat residendal structures in the Historic Hill District are
25 to 40 feet high. The height ofnew consmrction shoutd be no lower than the average height ofall
buildings on both block faces; measurements should be made from street level to the highest point of
the roofs.
2y
9'8- 35' 7
HPC Stafl Report: File #2884
Page Two
III. D. Materials and Details: ..,The materials and details ofnew construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate
and tile; asphalt shingles which match the approzzmate color and texture of the preferred materials
are acceptable substitutes. ..Materials, including their colors, will be reviewed to determine their
appropriate use in relation to the overall design of the structure as well as to surrounding structures.
III. E. BuildingElements: Individual elements ofa buildingshould be integrated into its composition
for a balanced and complete design. These elements for new construction should compliment eristing
adjacent structures as well.
III. E. 1. Roofs: ...The skyline or profile ofnew construction should relate to the predominant roof
shape of ezisting adjacent buildrngs.
Ill. E. 2. Windows and Doors: The proportion, size, rhythm and detailing ofwindows and doors in
new construction should be compadble with that ofexisting adjacent buildings. ...Facade openrngs
of the same general size as those in adjacent buildrngs are encouraged. ... Wooden double-hung
wrndows are tradrtional in the Historic Hi11 District and should be the first choice when selecting new
windows.
Ill. E. 3. Porches and Decks: In general, houses in the Historic Hidl District have roofed front
porches.... Ifa porch is not built, the transitlon from private to public space should be articulated
with some other suitable design element.
IIZ F. Site, 1. Setback: New buildings should be sited at a drstance not more than S% out-of-line from
the setback ofexisting adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. Thrs happens quite often in
the Historic Hill area and can lend delightful varration to the street.
Ill. F. 3. Garages and Parking.• Where alleys do not exist, garages jacing the street or driveway curb
cuts may be acceptable. Garage doars should not face the street. If this is found necessary, single
garage doors should be used to avoid the honzontal orientaaon of nvo-car garage doors.
Parking spaces should not be located in front yards. Residential parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from the street and sidewalk by
landscaping.
D. ffiSTORY AND DISC[TSSION: The 420 Portland lot was subdivided in 1990 from the 415 Summit
Avenue lot to the south. It is both the rear yazd of the Winter House and a sepazate pucel fronting on
Portland, a situation that presents challenges for development--not the least of which is off-street
pazking. The 415 Siuumit wndominiums have a pazking easement which requ'ves two parldng spaces in
the reat lot for each of the four condominium units (though this requizement can be waived by any condo
owner). The current applicant wants to provide nine off-street pazking spaces--two for four units and
one for either a condo unit or the carriage house unit The City's off-street pazking requirement for the
site would be seven spaces (1.5 spaces x 5 units, rounded down). From a design perspective, a new
3�
98-357
HPC Siaff Report: File �#2$84
Page Three
cazriag�house-type strucUUe should 1) be related but suhservient to the Winter House and 2) resemble a
carriage house yet be compatible with the grand buildings along Porttand Avenue.
The applicant, Mr. Severson, bought the 420 Portland lot a year of so ago and lives in the Winter House.
In 1989, the HPC and BZA approved plans for conshuction of a carriage house on this site, wlrich
project included one dwelling anit and five gazage stalls in a sort of I,-shaped building and three off-
slreet pazldng spaces. In 1992, the HPC and BZA approved modifications to that plan w}uch included
two dwelling units in an L-shaped, carriage-house-like, shucture and 14 underground pazldng spaces.
In July 1995, the HPC Design Review Committee did a concept review of Mr. Severson's first proposal
--to build a three story, mansazd roofed residence with two gazage stal]s. That design was not
partiwlazly well received and the HPC chair offered to have a small goup of HPC members meet with
the applicant to consult informally and in more detail about the design issues. The fundamental concem
eapressed at the July 1995 meeting was that the design started to be a carriage house but wasn't and that
it needed a stronger design relationship to the Winter House. The infomzal meeting happened a yeaz
later, in November 1996, with Mr. Severson, Bob Lunning, David Heide, Charles Sl�ief, and HPC staff
attending, at which time several new designs--related to those now proposed--were reviewed (notes
attached).
E, kTNDINGS:
1. The applicant is proposing three design schemes for HPC review, all variations on a two story
carriage house. Scheme 3X has a) a 25' front setback from Portland in order to avoid need for a
setback variance, b) a 36' long building with two double garage doors, and c) two pazking spaces in
the front yazd which wouid requ've a variance. The 3X building is smaller than the other two
designs, resulting in the cariiage house's bedroom being located in the basement--the applicant's
least prefened design. The app]icant may want to add a dormer with one window on north and
south elevations of the 3X design. Scheme 3B is a 40' long building with single gazage doors, a
19.5' front setback, and two parking spaces in the front yard. It is the applicant's second choice.
Scheme 3A is the applicant's preferred design. It is the same as 3B but with angled, second story
overhangs at the northeast and southeast comers.
2. Proposed materials aze as follows. Roofing would be Timberline asphalt shingles, matching the
eacisting gazage; the Winter House has a wood shingled roof. 5iding would be dutch lap woal
siding milled to match that on the Winter House; wood-shingles in dormer gable ends. Trim and
eaves wouid be wood; eave design sunplified from that of Winter House by deleting dentils.
Windows would be 1/1 douhle-hung with insulated glass with full scseens--either Andersens with
brown vinyl cladding matching color of Winter House windows or, more ]ikely, Marvin wood
windows. Doors and entry hood wouid be of woal. Roof ridges would be painted metal with a
wooden crown molding and tin balls. Other details: rockfaced block foundation above grade;
probabty built-in gutters; paint scheme to match the Winter House; balcony design closely matches
those on Winter House.
31
98-35 7
HPC Staff Report: File #288A
Page Four
3, Schemes 3X and 3B conform to the disirict's design guidelines. They would be compatible with the
size, scale, massing, height, rhythm, setback, color, material, building elements, site design, and
character of s�sroundiug structures and the azea. The angle of the building on the site would reflect
the relationship of Portland to Sumnut and would mean the carriage house would be squaze with its
Portland neighbors. The building elemenu add up to a highly detailed, complex design for a
carriage house that could be simplified but is acceptable as is. Tke first story of the north elevation,
however, is elccessively blank; the applicant is willing to considet adding small square windows
here and in place of ]azger windows on the first floor of the east elevation (possibly then deleting
glazing on garage doors). Consideration should also be given to adding these windows to the south
elevation.
The proposed two pazking spaces set back ten feet from Portland would be acceptable, if wel]
screened, given the front yardlback yazd nature of the site. A detailed landscaping plan should be
provided.
4. The proposed 3A design, with its angled second story overhangs, is excessively complicated for a
carriage-house-type structure. Historic carriage house, though they can be finely detailed, have
simpler forms. A cazriage house should look like a secondary structure.
F. STAFF RECOMMENDATION: Based on the above findings, staffrecommends a) denial of the
proposed scheme 3A and b) approval of the proposed schemes 3X and 3B subject to the following
condition:
The HPC or its staff shall review and approve fmal construcdon plans (including added first story,
north elevation windows), and a detailed landscaping plan to ensure adequate screening of pazking.
32
GENERAL BUILDING PERMlT - g8 -357
DEPARTMENT CITY OF SAINT PAUL
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CTl'Y OF SAINT PAUL 2' I d• J � I
OFF[CE OF LICENSE, INSPECf70NS AND �
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HPC Meeting Summary / 2.27.9�
re: 420 Portland AvenuefFile #2884
Construct new carriage house
applicant: Ronald Severson
summary by Aaron Rubenstein
Rubenstein showed photos and slides of the site; mentioned that he had notified 436 Portland residents of
HPC meeting and they notified 415 Summit residents; a neighbor had raised issues of trash storage, 6'-lugh
fence vs. landscaping, and locarion of ninth paddng spot.
Baker asked for clazification that staff recommends appmval with smaller first Aoor east windows;
Rubenstein responded `�es".
Albers asked about screening and landscaping requirements.
Severson said he plans to live in the cazriage house, wants to withdraw plan 3A from consideration given
staff ob,jection to it, and is open to HPC's design suggestions.
Hazgens: likes scheme 3B with single garage doors and smaller fust story east windows.
Severson: would like IiPC approval for both 3X and 3B designs given the uncertainty about getting a frrnrt
setback variance.
Slvief: pointed to informal concept review swnmary on p. 25 of packet, which suggests some problems with
the proposed designs; designs aze too elaborate given the nature of the building; also concemed about
relationship with the park, especially the balcotry--the building should be a restrained backdrop, have better
manners.
Heide: concurs with much of Skrief's comments; still confused by what the building is hying to be and its
relationship with the e�sting building; his wmments from the 11.6.96 meeting still apply.
Chair Baker asked for any public comment.
Gary Ballman, Ramsey Hill Association representative: RHA has not had a chance to foimally review the
proposal and he invited Severson to neat RHA boazd meeting.
Cazol Clazk, 415 Sununit: owns existing gazage; new gazage spaces would be � she has problems bacldng
out of gazage because of tight lot; condo association was not informed of HPC meeting; listed a number of
concems; unplications for condominium legal documents; she catmot use existing gazage as there is no
paving.
Rubenstein inteaupte3 and said the concems of Ms. Clazk and other neighbors about legal issues, Mr.
Severson's handling of the process, and other non-design issues are valid concems but not appropriate to
discuss at the HI'C; the HPC deals with design issues addressed in the district guidelines and must make a
decision based solely on the design guidelines.
Laurel Frost, 436 Portland: subject lot is not a front and rear lot--it is a front lot; a building cannot be a main
and accessory building; believes this is a main building.
Mervyn Hough, 436 Portland, president of Nathan Hale Park Condominium Association: west elevation and
landscaping do not take into accoimt their situation; has a problem with the concegt; concemed ahout
landscaping, gazbage and screening; wants four single garage doors and wants plans to be follow i.e.,
changes require approval.
Severson responded briefly.
Albers: documents not adequate for permit approval, especially for approval of two schemes.
Frame: concurs with Albers, particulazly inappropriateness of approving two different plans.
Heide: proposed building is intended to represem a historic carriage house that was never there, blurs what is
historic and new.
Hargens: agrees with Heide; a pivotal and difficult site; moved layover.
Albers: suggested denial of pemilt--plans not sutliciently detailed.
Frame seconded the layover motion.
�3
98-3s�
FIPC Meeting Summary / 2.27.97
re: 420 Portland Avenue/File #2884
Page Two
Hazgens: there are other, broader issues [besides design] to be resolved
Kubenstein: it is reasonable to review and act on two design schemes givea difficulty and imcer[ainty of the
development process; HPC should avoid non-design issues and, whether layover or denial, should be cleaz
about reasons for action.
Hazgens: the design of the building is ambiguous.
Lazson: supports layover rather than denial.
discussion about layover to Mazch 13 Design Review Committee meeting.
Motion to lay over passed 10 - 0.
��
q8-357
CITY OF SAINT PAUL
Norm Coleman, Ma}ror
MEMORANDUM
TO:
FROM:
RE:
DATE:
HPC Design Review Committee
Auon Rubenstein � ��
420 Portland
10 March 1997
OFFICE OF LiCENS$ A'SPECITONS AND
EN VII20NMENTAL PROTEC.'TfON
RobertKus(er, Diruwr
IAWRYPXOFFSSIONAL BUD.DA'G
Suite 300
3505[ Petsr Sfreet
Saint Pau� Minreesom 55102-I510
Telephone: 612466-9090
Faanmile: 672-266-9099
Todd Bradley has prepazed revised elevations for the 420 Portland carriage house. Because of the pivotal,
highly visible natwe of the site, Chazles Slvief would like to have the Design Review Committee review
and discuss the revised plans on Thursday and then have the full commission review and vote on the
project on Mazch 27.
The revised elevations show a simplified, hipped roofed design Included are three versions of the east
e]evation, a north elevation with fsst story windows added, and two variarions of the west elevation.
Mr. Bradley has stated that the revised design is meant to reflect the reaz wing of the 415 Swnnut building
and could be fiuther distinguished from the main building by simplifying or eliminating moldings and
possibly by changing some materials.
I have included in this packet the information from the February 27 HPC meeting, a summary of the
February 2? discussion, copies of earlier plans for the site FYI, and a 1903 Sanbom insurance map
section showing that a two-story out building was located at the northeast corner of the lot. (A 1901
Rascher map labels the outbuilding as 1.5 stories; both maps provided by Tracey Baker). Also included
are seven pages from the federal Secretary of the Interior's standazds and guidelines with references to
distinguishing between new construction and historic structures. I would like to point out that these
guidelines are not included in the guidelines for any of the local districts and perhaps ought to be. I expect
this might be a more contentious issue in the neaz future (re: Lawel and Mackubin}.
��
63I07/1997
02:34 612-338-2323
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OFFICE OF LiCENSE, INSPECTIONS AND
ENVtRONMENTALPR07ECTtON
Ro6estKusler, Dirutor
CTTY OF SAINT PAUL
Norm Co]eman, Ma}ar
FAX MEMO
To:
From:
Date:
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fax
tel
Aaron Rubenstein
tel 266-4Q87
fax 266-9099
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Message:
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IAWRYPROFESSIONAL BUIIDA'G
Suite 300
3505[ PeterStreet
SaintPaul Minnesota 55101-I510
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?elephone: 6I L266-9090
Factimile: 61 b2669099
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. - _ " 98-35 7
The Secretary of the Interior's
Standards for
Rehabilitation
and Guidelines for
Rehabilitating Historic Buildings
U.S. Department of the Interior
National Park Service
Preservation Assistance Division
�! n
Washington, D.C. � 'f 'i �
For We 6y tLe Superin�endent of Documenn, U.3. Oovemmeat Prin[in6 Othee
Wuhington, D.C. ROW2
�/ �
q8-357
THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
Thr tnllowing Swndar3s am tobe applie�i to spetific rel+abiBtaHon projects in a reawnable manner, taqng into considerofinn economic and txhmcal
Ra>ibilitv.
Ul A pmperty shal! be used for its historic purpose or be piaced in i new use Nat requim miniwl clunge ro the deEining chancteristics of the
building and its site and environment
� (D The historic chancter of a pmperty shali be renined and preserved. The rcmovai of historic materiais or altention of feacutes and spaces that
chancterize a property sluli be avoided.
�(y l31 Each property shall be eecognized u a physical record of its fime, place, and use. Changes that a�erte a false unx of historical devdopmenl, such
K u adding conjectunl featum oz archilectunl demm4s from other buildings, sha11 not be undertakm
lil Most propenies change orer 6me; thox clunges thaf have acquircd historic significance in U�eir own right shal I be refained and preserved.
(5) Disiinctive featuces, finisha, ind mnstmction techaiques m enmpVn of rnftsmmship that chancterize i historic property shill be preserved.
161 Deterionted historic featum ehall be rcpaind nther tiva ttplaced. Whue the severity of dHeriontion rcquircs replacement of a distinctive
feature, the new featurt sha31 match thc o1d in design, mloq te:ture, and othervisual quaiities and, whae possible, materials. Repiacemmt of
missing featuxxs shall be substantiated by documenfary, physical, or pictorinl evidmce.
l� Chemical or physicat txatments, such u sandblasting, that duu damage to historic materials ahall not be used. The surfa<e cleaning of shuo-
tures, if appropriate, shall be undertaken using the gmtlest means possibie. �
(SI Signific�nt archtologiai resources affected by a project shall be protened and prcxsved. lf such resources must be disturbed, mitigation meas�
urn shali be unde�ken.
191 New additions, esterior altentions, or rclated new construction shall not destmy historic materials that chancterize the property. The new work
�� shall be differcMiated from the old and shali be mmpatible witA the msssing, sizq scale, and architectunl featurzs to protect the historic integrity of
the property and its envimnment.
_ L 1301 New additions and adjacent or rtlated new construction shall be und<rtaken in such a manncr that if rcmoved in the futurt, Ihe essential form
�� and integrity of the historic pwperty and its rnvironment would be unimpaittd.
i �
98-357
As stated in thr drtiniN��n, thr treatment "mhabilitation" assumr that at least enme rcpairor alterahon af the hutoric building will br n�edid in ordrr tu
provide tot nn etiinmt nmtrmp�e�nrv use; hnwever, these rrpa¢s and alteranon must not damage or dcstmy m, terials, fratures or finishe� that arr
�mportant m denning thr buiiding> hisroric character. Far rxampie, certain treatmrnts—if improperly applied—may ousr or amleratr phvsical detr�
rioradun ot hL<tont build[ng Thu can indude using impropet rcpomring or extmor masonry cleaning tethmques. or mhoduring insuWtinn that
damages his�uric hbrio ln almmt all nt these situations, use of thc�e materiaLt and treatmmts will result in a projecY [hat dnes not mert the Swndards.
Similartv, eaterior alditiom' that dupticate the form, mat�Riai. arnf d�Kailing nf the stiucture to the e:tent that they comprumisc the historic cfiaract�v nf
� thr structure wili tail tn meet thr Stand. rds.
Technical Guidance Publications
The National Park Serv�ce. U.S. Departmen[ of thr Interior, mndutts a variety of activitirs to guide Fedrrai agrnaes.5tates, and thr genrral pubhi m
historic prrservatinn pm�ett work. In add�tion to c�tabluhmg sLindard> anJ guidrlines, the Service develops, publishcs, and di�tribuhs [echmcal
intomwnun on appropriate pttxrvatiun trea[ments. in<luding Pre�ervahon Briefs, caae �tudies, and 1'reservatiun Tech Notes.
A Catalug of H�storic Prrservation Publicatinas with shxk numbers, prices, and ordering infurtnation may be obtaine+i by writing: Presrrvatinn Ax��s-
Wnce Div�s�on, Trchnical Prcxrvanon Services, P.O. Boz 37127, Washington, D.C. 20013T27.
�'= "1 ��
i I
98-3s�
ess of carefully documenting the hutorical appearance. Where an important architectural EeaNre is missing, its recovery u always recom-
mended in the guidelines as the fi•st or preferred, course of action. Thus, if adequate historical, pictorial, and physical documentation exists
w that the featurn may be accurately reproduced, and if it is desireable to re<stablish the feature as part of the building's historiwl ap-
pearance, then designing and constructing a new feacure based on such info�matwn is apprapriate. However, a second acceptable option for
the replacement feature is a new design that is compatible with the remaining chacacter-defining featum of the historic building. The new
design should always cake into account the size, scale, and material of the historic building itself and, most importantly, should be ciear(y dif-
terentiated so that a faLse historical appearance ss not created.
Alterations/AddiHons to Historic Buildings
Some exterior and intedor alterations to the historic building are generally needed to assure its continued use, bue it is most important that
such alt�ations do not radicafty change, obscure. or destroy chazattec�efining spates, materiats, features, or finishes. Alterations may in-
dude providing additional parking space on an existing historic building sire; cutting new entmnces or windows on secondary elevations: m-
sercing an additional floor, installing an mtirely new mechanical rystem; or creating an atrium or light well. Alreration may also include the
selective removal of buildings or other features of the environment or building site that are intrusive and thereEoce detract Erom the overall
historic character.
The const�uction o( an «terior addition to a historic building may seem to be essential for the new use, but it is emphasized in the gufdelines
that such new additions should be avoided, if possible, and considered only aEter it is determined that those needs cannot be met by altering
� secondary, i.e., non characterdefining interior spaces. IE, after a thorough evaluation of interioz solutions, an exterior addition is still judged
� to be the only viable alternative, it should be designed and constructed to be clearly differentiated from the historic building and so that the
character-defining teatures are not radically changed, obscured, damaged, or destroyed.
Additions to historit buildings are rcferenced within specifit sections of the guidelines such as Site, RooE, Structurel Systems, etc., but are
also considered in more detail in a separate section, NEW ADDITIONS TO H15TORIC BUILDINGS.
Health and Safety Code Requirements; Energy Rettofi[ting
These sections of the rehabilitation guidance address work done to meet health and saEety code requirements (for example, providing barrier-
free access to historic buildingsJ; or retrofitting measures to conserve energy (for example, instaliing solar collectcn in an unobtrusive loca-
tion on ehe sice). Although this work is quite o4ten an important aspect of rehabilitation projects, it is usuatly not part oE the ovecall Qcoce:s ot
protecting or repairing character-defining features; rathea such work is assessed for its potential negative impact on the building's hisroric
charattec Por this reason, part�cular care must be taken not ro radically change, obscure, damage. or destroy character-defining materials or
features in the process of rehabilitation work to meet code and energy requirements.
30
! /
y8-357
BUILDING SITE
Recommended
Nof Retommersded
ldentiFying, retaining, and preserving buildings and their features `' Removing or radically changing buildings and their features or site
as wetl as featutes ot the site that are important in defining its �C features which are important in defining the overall historic
overall hisroric character. Site features can indude driveways, �Y character of the building site so that, as a result, the character is
walkways, lighting, fencing, signs, benches, fountains, welis, ter- diminished.
races, canal systems, plants and trees. berms, and drainage or io-
rigation ditches; and archeological Eeatures that are important in
defining the history of the site.
/y Retaining the historic relationship between buildings, landscape
f �� features, and open space.
Protecting and maintaining buildings and the site by providing
proper drainage to assure tltat water dces not erode foundation
wails: drain toward the budding; nor erode the historic landstape.
Removing or relocating hisroric buildings or landscape features,
thus destroying the historic relationship between buildings, land-
scape features, and open space.
Removing or relocating historic buildings on a site or in a complex
of related hisroric stmctures—such as a mill wmplex or farm—thus
diminuhing the historic charatrer ot the site or mmplex.
Moving buildings onto the site, thus creating a false historical ap-
pearance.
Lowering the grade level adjacent to a building to pertnit develop-
ment of a forme:ly below-grade area such as a basement in a man-
ner that would drastically change the historic relahonship ot the
building to its site.
Failing ta main[ain site drainage so that buildings and site features
are damaged or destroyed: or. alternatively, changing the site
grading so that water no lon,ger drains propedy.
i5
The re]ationship between a historic building or building and landscape features within a
property's boundaries—or the building site—helps to deEine the historic charocter and shouid be
considered an integral part of overall planning for rehabiliWtion project work.
� �
98-357
BUILDING SITE (<onnnutd)
Ttrc following work is highGghted to in8iate that it represents tf�e Particu3uly compSez technical ar design upects oE ttFubilitation proiett
work and shouid oniy bt comidered after the preservaHon concems listed above have becn addressed.
Recommended
Not Recommended
Design for Missing Historic Famtes
Da�ing aed castrueting a new [adm d a bmlding or site
� w}en the histolic fatuie is eovip3etdy a�nde8. wch as an
outbuilding, eejrace, a driveway. It may bc ba�ed on
fiistorical. Pietorial, and phyaicil doeimrcntation: a bt a
smw de�igi that a eomytibk with tF�e histocie eharxeQ af
drc buildinB atd aee.
� Creating a false historical appearance berause the replaced feature
is based on insufficient historical, pictorial, and physical documen-
htion.
y Introducing a new building or site feature that is out of scale or
�\ otherwise inappropriate.
Introducing a new hndscape feature or plant material that is visual-
ly incompatible with the site or that destroys site pattems or vistas.
Alterations/Additions ior the New Use
Dni�in8 new oiuite parking, loadin6 docka, a rampt when
tequired bY the new use w lhat they aee as unob4vaEve as
posible and asswe the pt'xrvation of durathr-defining
L•eatu[o of the sitt.
Pladng parking facilities directly adjacent to historic buildings
when autamobiles may cause damage to the buildings or 4andscape
hatures or be intrusive to the building site.
Daig�ing new ezterior additions to (tistoric building+ or ad- Introduring new construction onto the building site which is visual-
� jacent new construRion which b compaHbk wich the historic � ly incompatible in terms of size, scale, design, materials, color and
�2uraeter of the site and which p�serve the historic rdation- tezture or which destroys hisroric relationships on the site.
ahiP herivem a building or buiida�gs, lud�cape featurts, and
oPm sPM•
Rmaving nocbig�tificant bui)dic�, additiorn, or aite
�feahvss which detact hom the historie cFuracter of !he s4.
Removing a historic building in a compiex, a building feature. or a
site feature which is important in defining the historic charocter of
the site.
48
� O
�j�-35�
DISTRICT NEIGHBORHWD knntinurJ)
The following work is highlighted because it represents the partitularly complex technical or design aspects o! rehabilitation projects and
should only be ronsidered after the preservation concerns listed above have been addressed.
Recornmended
Not Recommended
Design for Missing Historic Features
Designing and construtting a new Eeatute oE the building,
streetscape, oz landscape when the historic feature is com-
pletdy missing, ruch as row house steps, a porch, strcetlight,
or temce. St may be a testoration based on historicaS, pic-
torial, and physical docvmentarion; or be a new design that
is compatible with the historic character of ehe district or
neighborhood.
� Geating a Palse historical appearance because the replaced (ea[ure
is based on insufficient historical, pictorial and physical documen-
tation.
Introducing a new buiiding, streetscape or landscape feature that is
out of scale or ocherwise inappropriate to the setting's h�stonc
character, e.g., replacing Qicket fencing wich chain tink fencing.
Alterations/Additions for the New Use
Designing requ'ued new parking so that it is as unobtnuive as
possible, i.e., on side streets or at the iear of buildings.
"$hared" parking should also be planned so that several
business can utilize osu pazking area as opposed to imtoduc-
ing random, multiple lots.
Placing parking facilities direcdy adjacent to hisroric buddmgs
which tause the removal o! historic plantings, relocation ot paths
and walkways, or block�ng of alleys.
Designing and constiucting new additions to historic
buildings when requircd by the new use. New work shrnild
be compatible with the hisroric charocter of the district or
neig}�borhoad in teruLS of siu, scale, daign, materiat, color,
and t�ture.
Removing nonsignificant buildings, additions, or stteetscape
and landsupe features which detract from the historic
character of the district or the neighborhood.
introducing new construction into historic districts that is visually
incompatible or that destroys histonc relationships w�thm the
district or ne�ghborhood.
Removing a historic buildmg, buildmg feature, or landscape or
streetscape feamre that is important in deFining the overall hisronc
character oF the distnct or the neighborhood.
51
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q�-357
NEW ADDITIONS TO An atwched ezrerior addition to a hisroric building ezpands its "outer Iimits" to create a new pro-
HISTORIC BUILDINGS ���e. Because such expansion has the capability to radically change [he historic appeazance, an
exterior addition should be tonsidered only after it has been determined that the new use cannot be
wccessfully met by altering nonKharacter-defining intcrior spaces. If the new use cannot be met in
this way. then an attacfied exterior addition is usually an atteptable altemative. New additions
shuuld be designed and constructed w that the character-deFining features of the historic building
are not radically changed, obscured, damaged, or destroyed in the process o( rehabilitation. New
design should always be dearly differentiated w that the addition does not appear ro be par[ of the
hisroric resources.
2ecommend¢d
Placing tunctions and services required for the new use in non-
characterdetining interior spaces rother than installing a new addi-
tion.
Not Recommended
Expanding the size of the historic building by constructing a new
addition when the new use could be met by altering nontharacter-
defining interior spaces.
Constructing a new add�tion so that there is the least possible loss
of historic materials and so that character-de£ining features are not
obscssred, damaged, or destroyed.
Locatmg the attached exterior addition at the rear or on an in-
conspicuous side ot a historic building; and limiting its size and
scale �n relationship to the historic building.
Attaching a new addition so that the character-defining features of
the historic building are ubscured, damaged, or destroyed.
Designing a new addition w that its size and scale in rela[ion to the
histonc buildmg are out ot prapartion, thus diminishing che
historic charatter.
� Des�gning new additions m a manner that makes dear what is�j Duplicating the exact torm, material, style. and detailing of the
historic and what is new. 7J� hisroric building in the new addition so that the new work appears
�, to be part ot the historic building.
� Imitating a historic stvle or penod of architxture in new addit�ons,
especially for contemporary uses such as drive-in banks or garages.
58
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q�- 357
NER' ADDITION5 TO HISTORIC BUILDING5lcunnnuedl
Rerommended
� Considering [he attached exterior addition both in tertns of the new
use and the appearance of other buildings in the historic district or
neighborhood. Design Por the aew work may be contemporary or
may reference design motifs Erom the hiscoric buifding. in either
case. it should always be dearly differentiated Erom the hisroric
building and be compatible in terms of mass, materials, relation-
ship ot wlids to voids, and cotor.
Not Recorrtmended
Designing and constructing cew additions that resu{t in the diminu-
tion or loss of the hisroric character of the resource, induding i�s
design, materials, workmanship. location, or setting.
Using the same wall plane. roof line. comice height, materiats,
siding lap or window type to make additions appear to be a par� ot
the his[oric building.
Placing new additions such as balconies and greenhouses on non-
characterdefining efevations and limiting the size and scale in rela-
tionship to the historic building. �
Designing additional stories, when required for the new use, that
are set back from the wall plane and are as inconspicuaus as possi-
ble when viewed Ezom the street.
Designing new additions such as mulcistory greenhouse additions
tfiat obscure, damage, or destroy character-deiining Peatures ot the
his[oric building.
Constructing additional srories so that the historic appearance ot
the building is radically changed.
59
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q8-35�
Heritage Preservation Commission Design Review Committce
Case summary re: proposed carriage house at 420 Portland/file #2884
13 Mazch 1997
present: Slaie� Cermak, Albers, Guelcher
Rubenstein shawed photographs and slides of the site and surrounding azea, summarized the case, and
mentioned that site plan review will be required of the project, that the applicant proposes to store trash in
small carts on the south side of the existing 2-caz gazage, and that the City Attomey's of'fice has advised that
the HPC should make a decision based on the ]ristoric district guidelines and not be concemed about legal
matters between private parties.
Ron Severson, the applicant, spoke.
Cermak: likes the compalibility of the revised design with 415 Summit more; relates better to rear of 415
Summit and the e�sisting gazage; sees an attempt to recreate what might have been there--a carriage house--
rather than a sepazate structure; squaring the building with the side properiy line would tie it better to 415
Summit and make it relate better to the pazk; latest scheme is more appropriate but not acceptable for a
building pemvt.
Slaief: asked if possibie to have more complete elevation.
Bradley and Severson: will have for 3.27 HPC meeting.
Todd Bradley, project designer: intent with this revised design is to simplify and resemble the 415 5ummit
reaz addition; intent of previous design was to make the building look as good as possible.
Mazk Vaught, attorney representing owners of two condominiums at 415 Sumnvt: Severson cannot build the
proposed project, has no more control of this site than Portland Avenue and Nathan Hale Pazk; discussed
discretion versus obligation of HPC to review all permit applications; suggested referring to HPC's legal
counsel his 3.13.971etter to the HPC.
Cazol Clazk, 415 Summit Avenue: pazking on site would be for sale and would not be &ee for 415 Summit
residents; there is not sufficient pazldng or traf�ic circulation room; opposed to pazking in the front yazd;
discussed trash; Severson's plan shows a path and hedges on the 415 Smwnit condo association's property.
Laurel Frost, 436 Portland: the carriage house shown on the 1903 map and the project approved by the HPC
in 1989 happened prior to the lot spiit in 1990 in which the 420 Portland pazcel was sepazated from the 415
Sumnut lot; this is now a different situation and property; the pazcel is being treated as a pazking lot rather
than a front yazd facing Portland.
Mervyn Hough, 436 Portland: if the HPC approves these or similaz plans, would detailed plans come back to
the commission for review?
31mef yes.
Hough: the proposed west elevation is very plain, should have as much design consideration as the rest of the
building, would like HPC to consider his perspective (he lives immediately to the west); spoke about the four
garage stalls; only one good plan should be approved rather than two. Site plan issues: believes gazbage will
end up being stored in a dumpster in the driveway; where would snow be stored?; parldng in ihe front yazd is
being deak with casually; the existing lilacs should be removed and a landscaping plan should be careful]y
reviewed.
Patricia Leonard, 415 Summit: asked what happens if first floor of carriage house is later converted to living
space; discussion followed.
Vaught: my clients cannot be forced to buy pazking spaces from Mr. Severson.
(Commissioners Hauser and Heide were also present during at least part of the discussion.)
��
g�-357
s. M�x vAUGFrr
AtrornevAt Lau�
Suite 70C
Six West Fifrh Stteet
Sa�nt Paul, Minnesota 57102
{6t2) 297b4Q0
FAX (612) 224-8328
March 13, 1997
Members of the Saint Paul Heritage
Preservation Commission
Suite 300
350 Saint Peter Street ,
Saint Paul, Minnesota 55102
RE: Application of Ronald Severson before the Saint Paul Heritage
Preservation Commission to construct a Carriage House at 420
Portland Avenue, Saint Paul, Minnesota 55102, File #2884
Dear Commission Members:
I represent Gregory and Carol Clark, the owners of Unit l, and
Patricia Leonard, the owner of Unit 4, of Nathan House & Mews, a
Condominium, located at 415 Summit Avenue. The Clarks and Ms.
Leonard have engaged me to represent their interests as unit owners
with respect to certain real property located at 420 Portland
Avenue upon which Ronald Severson is proposing to construct a
carriage house. Certain design considerations a£ that project are
currently before the HPC for approval.
Each of my clients holds certain easement rights to the
property located at 420 Portland Avenue for both pedestrian access
and parking purposes. None of clients has been asked nor has any
agreed to waive any of those easement _rights. The rights are
delineated in Article IV.4, and Article IV.5. o£ the Condominium
Declaration, dated July 24, 1990, and recorded in the Of£ice of the
Ramsey County Recorder on July 25, 1990 as Document No. 2555404.
Copies o£ the relevant provisions o£ the Declaration are appended
for your review and for that o£ your legal counsel.
Each o£ the Clarks and Ms. Leonard has a"blanket" easement
across the property at 420 Portland Avenue for pedestrian access
and each unit owned by the parties has an additional easement Por
two (2) parking spaces on the property.
Neither the Clarks nor.Ms. Leonard are currently prepared to
waive any rights attendant upon those easements. Since such waiver
would be a necessary condition precedent to the construction of any
carriage hpuse by Mr. Severson, construction o£ the project which
is before you represents a legal impossibility.
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98-3�7
Heritage Preservation Commission
March 13, 1997 -
Page Two
Mr. Severson has no more Current legal right to construct a
carriage house upon the real estate at 420 Portland Avenue than he
does to construct one in the middle o£ a public street or within
the boundaries of a public park. Unless and until he secures such
a right through acquiring waivers of the easement rights accorded
owners o£ each of the condominium units at 415 Summit Avenue, any
consideration of his proposed project by the APC or any other body
is inappropriate and premature.
Additionally, even i£ the project was ripe for current
consideration, it does not appear that Mr. Severson has provided
for trash storage, various setback requirements and his proposal
does not in any way comply with city off street parking spacing
requirements.
Mr. Severson must allow the parking of two vehicles on the
property £rom each of four condominium units at 415 Summit Avenue.
He must provide an additional off street parking spaCe for the
carriage house itself, for a total of nine of£ street parking
spaces. Since he must allow two spaces for each unit, but may not
"force" any unit to purchase a garage unit, he may not legally�
count the four garage units shown beneath the carriage house living
quarters as discharging all or part of the o££ street parking
requirement unless and until he presents contracts or sale
documents with the unit owners to purchase or occupy the carriage
house garage stalls in discharge of their parking easement rights.
Without use o£ all four carriage house garage units to discharge
o£f street parking requirements, there clearly is not su£ficient
room on the lot to provide the necessary off street spaces.
Indeed, there may not be such room on the lot even if all £our
carriage house stalls are utilized to discharge the current off
street parking requirements.
Regardless, even if Mr. Severson accomplishes waiver o£ the
parking easements, he still may not proceed, as noted above, unless
and until he secures a waiver o£ the blanket pedestrian easement
across the property £rom all of the condominium unit owners. Since
my clients, all oP the fee owners of two of those units, decline to
waive their pedestrian easement rights to 420 Portland Avenue, the
project envisioned by Mr. Severson remains impossible to accomplish
from a legal standpoint.
In seeking design approval £rom the HPC, Mr. Severson not only
has the cart before the horse, he has the cart on a difPerent
continent £rom the colt which one day might grow into a horse.
Since the staPf support accorded the HPC, like that of other
volunteer boards and commissions, is a steadily and rapidly
declining commbdity, it would seem an inopportune time to spend a
�6
98- 357
Heritage Preservation Commission
March 13, 1997
Page Three
portion of that valuable staff resource conducting a design review
of a project which currently can not occur. Accordingly, the HPC
is requested to remove the item from consideration or at least
postpone £urther consideration and ultimate approval until Mr.
Severson demonstrates the current legal right to proceed with the
project. in addition, and in the alternative, the HPC is urged to
transinit the legal points raised in this letter to legal counsel
Por his or her review and recommendation.
Very truly you�
% y
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S. Mark Vaught
Attorney at Law
cc Gregory and Carol Clark
Patricia Leonard
7�
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2555404
foregoing.
S. Easements fihrough Walls Within Walls. Easements are hereby
deciared and granted to install, lay, maintain, repair and replace aay
wires, pipea, ducts, conduita, public utility lines or structural components
running through the walIs of the unita, whether or not such walls lie in
whole ar in part within the unit bouadariea.
4. Essement for Offstreet Parking and Vehicutar and Pedestrian
Access to Portland Avenne. A bianket easement for pedeatrian acceas from
Portland Avenue to the Property, and vice versa, for vehicular offstreet
parking spaces (two (2) for each unit), and for vehicular access to the
offatzeat par�ng apaces &om Portland Avenue and vice versa is hereby
established over and acroae the entirety of the northerly of the two (2)
Additional Reai Estate parceia (the "North Parcel"). Declarant, or hia
successora or assigna, shall have the option to delimit the boundaries of
these easement areas by ezecuting aa easement grant or deciaration,
setting forth the legal descriptiona of the easement areas, and recording the
same in the office of the Ramsep Caunty Recorder. At auch time as
Declarant adda Lhe North Parcel to the Condominium, the easement(s)
shall disappear (the amendment hereto ehali contain a provision
terminating the easement(s)),'the offatreet parking apaces shall become
limited common elements of the units in the Condominium, and the
number of offstreet parlang spaces allocable to each unit�shall be reduced
from two (2) to one (1). Each unit owner in the Ccndominium, however,
ahall have the right of firat re£usa2 to purchase from Dec2arant one (1)
� garage unit if Declarant constructs garage uaits on the North Pa: cel.
b. Easements to Rnn With Land. All easements rights and
obligatioas creatzd in this Article are affirmative and negative easements,
running with the land, perpetuaIlq in full force and effect, and at all times
ahall inure to tha beaefit of and be binding upan Deciarant, its succeasars
and assigna, and any unit owner, pui�chaser; mortgugee and other person
'�iaving any interest in the Condominium or any part or portion thereof.
� --
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_ :. .... ... ....:.. . ..:...
1. Membership in Association. A unit owner shall by virtue of such
interest be a member of the Association and ahall remain a nember of said
Association until such time as hia intereat in the Condominium ceases for
any reason, at which time his membership in said Asaociation ahall
sutomaticalip cease. When one or more peraona hold an interest in a unit,
all auch persans shall be members.
2 Compiisnce with Decla:ation, ByIaws and Rules sad. Regulations of
Associat3on. Each unit owner and occupant of a unit shail camply with all
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98
$�p�',-x�a:.�..--- ... ._._„�.w.rrs_.s��.-..--....._� _.. _. ... . ,.,
y8- 357
Warren E Peterson
�erome P Filla
Dar.iel Witt Fram
Glenn A. Bergman
Iohn Michael Miiler
Michael T Obe��e
Kenneth A Amdahl
Sieven H. Bruns'
Paul W. Eahning
Timothy P. Russell
Esther E. McGinnis
S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
St. Paul, MN 55102
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PROFESSfONAL-ASSOG�IATION�.
Oirect DiaL #290
March 21, 1997
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Suite 300
50 East Fihh Street
St. Paul, MN 5510I-1197
(6I21291-8955
(6121 22&I753 facsimile
Melvin �. Silver, Of Counse,
BY FACSIMILE
AND U.S. MAIL
RE: Application of Ronald Seversoa before the Saint Paul
Heritage Preservation Commission to construc� a Carriage
House at 420 Portland Avenue, St. Paul, bIII 55102
File #2$84
Our File No.: 11127/950001
Dear Mr. Vaught:
I zepresent Ronald and Marnie Severson with respect to the
construction of a carriage house and garages on the property owned
by them north of the Nathan House & Mews Condominium (the "Severson
Parcel"). They have forwarded to me a copy of a letter which you
sent to the Saint Paul Heritage Preservation Commission {"HPC")
dated March 13, 1997. I have reviewed that letter and have the
following comments:
1. You refer to the "blanket easement" which your clients
currently have with respect to the Severson Parcel. Even
if it could be construed as a"blanket easement" at this
tu-t�e, the Seversc;,s clearly have the right to 1?mit the
boundaries of the easement areas as provided in Article
IV, Section 4 of the Declaration, a copy of which was
attached to your letter to the HPC. This language
obviously contemplates that the Seversons, as the
successors to the developer, can at their discretion,
� remove any "blanket" nature of the easement. Moreover,
- it is clear from other provisions in the Declaration that
� it was always the intent of the Declarant that the
o Severson Parcel would be developable by the owner of that
N parcel.
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98-3$ 7
S. Mark Vaught
March 21, 1997
Page 2
2. Contrary to the assertions on Page 2 of your letter to
the effect that the Seversons are "puttinq the cart
before the horse", we believe that the opposite is true.
As you correctly point out, the approval by the HPC and
other aqencies of the City does not necessarily take
precedence over private agreements. The Declaration is
such a private agreement.
Unfortunately, it appears what your clients are doing in
this particular case is to place the HPC (or other City
Agenciesj in tne position of being a binding arbi.trator
in what is clearly a dispute between private parties
regarding the terms and conditions of a private
agreement. That is not the role of the HPC and I do not
believe that the HPC should be placed into that position.
The HPC should be evaluating the proposal on its merits
in accordance with their criteria, rather than trying to
construe the Declaration.
Your assertion that the plans by Mr. Severson, if
approved by the HPC, will never come to fruition, is, in
our opinion, simply i.ncorrect. At the very least, it is
not an argument which the HPC should be deciding. Once
the Seversons receive approval from the HPC, they plan to
go forward with the project. If your clients still
object, it is at that point that they could seek the
appropriate injunctive or declaratory relief through the
courts.
We also agree with the genezal point made in the last
paragraph of your letter but reach the opposite
conclusion. That is, for the HPC and/or the City
Attorney's Office to get involved in the construction of
a private agreement would be a waste of their valuable
time and resources.
3. If you have had any direct contact with the City
Attorney's Office regarding this, it would be appreciated
if you would provide me with the name of the City
Attorney so that this letter can be relayed to the City
Attorney.
ga
98- 3s 7
S. Mark Vaught
March 21, I997
Page 3
Please feel free to contact me with any questions or comments
which you may have regarding this.
Thank you for your cooperation.
JMM:bap
cc: Ronald and Marnie Severson \
Heritage Preservation Commission
HPC Staff Member Aaron Rubenstein
rely
Michael Miller
�
98
CITY OF SAINT PAUL
Norm Colemon, Mayor
MEMORANDUM
TO: Heritage Preseroarion Commission
FROM: Aazon Rubenstein �,,�,
RE: 420 Portland
DATE: 25 Mazch 1997
OFFICE OF LICENSE, INSPECTLONS AND
ENVD20NMENTAL PROTECTTON
RobertKersle>, Dirutor
TAWRYPROFFSSIONAL BU2DWG
Sui7e 300
3505[ PererSo-eet
SainiPou7, Mimiessoto 55102-75]0
Telephone: 61L266-9090
Facsimile: 672-266-9099
Ron Severson and his designer, Todd Bradley, will present to the commission on Thursday further revised
elevatioas for the proposed carriage house residence at 420 Portland. The project was discussed at the
Design Review Committee meeting on Mazch 13 but committee chair Charles Slaief thought the project
too important for the full commission to not review.
Commission members Terri Cermak and David Heide met this moming at the LIEP o�ce with
Mr. Severson and Mr. Bradley to further discuss the project. This meeting was my idea, based on my
belief that the project could meet the historic district guidelines with some additional revisions to the
design. Chazles S1Qief had also planned to attend the meeting but ultimately was unable to come. A
summary of the meeting follows.
Severson: presented revised plans with surface parking space next to building moved a bit to east,
balcony one foot wider, glass removed from garage doors; windows will be added to first story of south
elevation; would also add skylight above bathroom on west roof slope.
Heide: false sense of historicism discussed at November 6, 1996 meeting with Severson, still feels that
the proposed desigi blurs these boundaries; why not simply a well designed new building?; proposed
design is sort of a carriage house/gazage/house, don't have a problem with a building on the site but have
a problem with a fake old building.
Cermak: yes, but given the building context, pzoposed type of design may be necessary to pull it off,
par[iculazly with relationship to 415 Summit; a totally sepazately designed building would look out of
place.
Heide: okay; balcony and some other details--gable ends, door hoods, etc: -aze misleading historically and
should be simplified; also, suggest adding brackets under balcony to give visual support.
Cermak and Heide: discussed continuous east comice vs. gable; simplify balcony to distinguish it from
the house, e.g., square balusters, iron railing, slats, or simpler hunings; simple door hoods with simpler
brackets.
Heide: okay with transom above french doors but not segmental transom; chimney?
Severson: no chimney (Bradley said after meeting that fueplace could have a painted metal class B vent,
will add to elevations).
Cermak: like french doors with gable above and broken eave line; she and Heide suggested even widening
the doors and balcony.
Severson: differentiate building from 415 Summit with paint colors?
Cermak: would not advise doing sa-the proposed building, the existing gazage, and 415 Summit would
be a goup of related buildings.
Heide: perhaps colors not the same as on 415, or used in different places than on main building; tivs
building shwld not be a fake old building.
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98-357
Heritage Preservation Commission re: 420 Pordand
25 Mazch 1997
Page Two
Rubenstein: should west elevation have a gable and, if so, how should it be treated so that it looks 1�1ce it
has a reason for being other than decoration?
Discussion and ageement about having a gable with a transom above the paired windows.
Heide: should the &ont walk lead to the middle of a wall?
Discussion about a diagonal walk connecting the sidewalk and front entry more direcUy.
Rubenstein: what about the issue of pazking in the front yazd?
Cermak: dcesn't have a problem with pazking in what has become a&ont yard; new property line is an
imaginary line that dcesn't change the perception of the huildings, particululy tha[ 41S Summit was built
on a through lot with frontages on Summit and Portland and the Portland side is historically the reaz yazd
of the Winter House.
Discussion about the possibility of having eight rather than nine pazldng spaces on the site, and which
front yazd space to eliminate.
Commissioner Heide commented after the meeting: this case is a particulazly difficult design problem and
the proposed design is generally much improved compazed to what was initially submitted.
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Heritage Preservation Commission
Case Summary: proposed camage house at 420 Portland Av., File #2884
27 Mazch 1997
Rubenstein reviewed the proposed project, the revised site p]an and elevations, a letter from Ramsey Hill
Association to Councilmember Blakey about the project, and several issues relating to the proposal.
Cmsr. Albers: aze there historic cazriage houses that face the street as the proposed building does?
Rubenstein: there's one on Portland just east of House of Hope Church; not sure if there aze others.
Ron Severson, the applicant, spoke briefly; said the balcony and door hood designs have been simplified;
imagined french doors would have removable grids but full light [without gridsj would be okay.
Cmsr. Buetow: full light would be preferabl�-tend to simplicity.
There was no public testimony offered; the public hearing was closed.
Cmsr. Heide: moved approval of the revised pians, inciuding the east elevation marked
"preferred", subject to the condition that appropriate crown molding be added above the transom
windows.
Cmsr. Buetow seconded the motion.
Cmsr. Albers: is this (the part of the lot fronting on Portland) a front yard?
Rubenstein: responded, in part, that it is sort of both a front yazd and a rear yazd, and explained further.
Cmsr. Aibers: the guidelines say no parking in a front yard.
Rubenstein responded again.
Cmsr. Buetow: this property is historically a rear yard.
Cmsr. Albers: parking ought to be adequately screened from the street.
Cmsr. Heide called the question; the commission voted 11-0 to end discussion.
The motion to grant approval, as noted above, passed 11 - 0.
summary prepazed by Aaron Rubenstein
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98•357
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400 Selby Avenue, Suite M, St. Paul, MN 5�502
Shaping the future of a historic neighborhood in Saint Paul
March 14, 1997
Councilmember Jerry Blakey
Suite 310
City Ha1UCourt House
Saint Paul, MN 55102
Dear Councilmember Blakey,
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At the March 13 meeting ofthe Ramsey Hill Association Mr. Ronald Severson presented a plan
for construction of a residential unit with 4 ground level garage stalls on property located at 420
Portland Avenue. It is our understanding that until about 1990 this parcel was the rear yard of
property located at 415 Summi[ Avenue.
Several questions were raised at the meeting regarding this parcel that could not be answered by
Mr. Severson creating confusion for the ILamsey Hill Board. Primary among these deal with
setback requirements and variances needed. Because of this we will be unable to make a
recommendation to the city on the proposed project without correct information. The Board,
therefore, has asked that your office request an opinion from the City Attorney on the following
questions to clarify these issues. The property owner stated that he will come back to the Board
for review and approval once our questions are answered and the necessary variances have been
applied for:
l) Is it possible to divide a zoning lot thus creating a new lot and, at the same time, taking the
other parcel out of compliance with the zoning code with regard to setbacks and lot coverage?
2) What avenues does the city have to enforce the zoning code and require the owners at 415
Summit to bring their property back into compliance with respect to setbacks and lot coverage?
3) Since the proposed structure is the primary residential structure on the property at 420
Portland, what are the required setbacks and maximum allowable lot coverage?
4) Are there different setbacks required when a lot and new residential structure abut a city park?
5) Prior to the change of ownerslup, a site plan for parking and landscaping only had been
approved by the city. To date no work has been done to meet tlus approved plan. What avenues
does the city have to force property owuers to comply with subnoitted plans?
�'."� "e =- � � � �j�
98-357
On behalf ofthe Board I want to thank you for your assistance. We will await your response
before proceeding with ourreview.
Sincerely,
>
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� ix r� j� G� �z tx ,
J
`�Judy McLauglilin, President
Cc: Saint Paul Heritage Preservation Commission
Ronald Severson
i
Nov-13-97 12:25P A Toast To Bread 612 778-8805
. �J�� �
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ludy McLaughlin, President ��
Ramsey Hill Association,
November t 1, 1997 "
DearJudy,
26 years ago when Niarlou and 1 bought 436 Portland Ave. there were lots oP
problems in the neighborhood more important than the rear yard at 415 Summit Ave. But
with a front yard on Summit and a back yard facing onto Portland , Nathan Hale Park and
abutting the east s'sde of our building, it was clear to mc then that a major design
cantroversy was comin� sometime in [he future. To me, common sense said that 415
Summit (then a drug treatment center) wouid someday want to build garages on this site.
I've always feared that something ugly or inappropriate would be built there. Never, did
l foresee the estended battle that would ensue over severa] different plans proposed for
this site. I think we've been arguing for near]y 8 years.
It was fears and threats like this that prompted a smai! group of us to found the Ramsey
Hill Association, Oid Town Restorations and then the Preservation Commissioa in thc
1970's. Those were dark and uncertuin yeazs in this neighborhood. But now it is c[ear
that tfiose organizations have served our neighbothood very well and have served us well
on this controversial property.
Today we are faced with a quandary. One ofihose organizations, the Preservation
Commission, has voted to approve Mr. Severson's ptan. And now the Ramsey Hitl
Association is faced wifh the following questions to answer.
l, tias the Preservation Commissian made a huge biunder? Is it incompetent? Does Mr.
5everson's plan meet the Commissions' guidetines?
2. Should the Ramsey Hiil Association use its' considerable clout to further undermine
thz Preservation Commission?
At this time it is my opinion that the Ramsey tiill Association should not lend support ta
this appeal because the proposed plan af Mr. 5everson now meots ail of the guidelines of
the Preservation Commission. tt now aiso meets its' parkin� obligations for 415 Summit
and Mr. Severson has made 3 important concessions to the residents of 436 Yortland Ave
(cedar shakes on the roof, a much improved western ele��ation and a plan for the planning
and maintenancz oi the landscaping}. It is now a better pian than we have a legal right to
expect. This new building will be handsome profiled against thc rather plain and
monulithic eastem fa�ada of 436 Port�and Ave.
Rather than support one side over the other I Lhink the Ramsey Hill Associatioo should
send chis issue back to the 2 concemed parties with the request that they Sit down with a
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Nov-13-97 12:25P A Toast To Bread
98-3s7
612 778-8805 P.03
neutrai attomey and draw up the papers necessary to resolve the last reasonable legal
issues. As t see it there are 5 topics to focus on.
i. The Ciarks' legitimate concems that they wouid have the right to rebuild on repair
their garagu in the event of a disaster.
2. The legai scructure should be drawn up for the Gazden Committee. This shoufd
invofve ali affected resideats that chose to participate.
3. The legal structure for long term maintenance ofthe pazking area should be drawn up
4. Assurances should be obtained from the Preservaiion Commission that neither its'
staff or the Commission will approve changes to the enal plan without notifying
interested parties.
5. The St. Paul Building Department shouid eaamine che pazking pfan to verify thnt the
parking plan meets St. Paul Parking Codes.
There is no �eason why thesc issues cannoi be resolved quickly.
It is not easy for me to come forward on this matter because;
1. I have been one of the leading opponents of many plans proposed for this site. Our
small group of neighbors has been downtown regularly for ciose to 8 years arguing
our case. 1 think all oF us qualify for combat status. I've even gone downtown to read
the condo documents of 415 Summit to make sure that iheir parking obligations were
honored. I did this at a time when City Hall and even the residents of 415 Summit
were largeiy indifferent to these obligations.
2. I don't really want to give up the moming sun streaming though my living and
dining room windows or the view of the 2 Spruce trees, 2 Linden trees and the 2
Mapie trees that [ personalVy planted in t3athan Hale Pazk when Dutch Eim disease
devastated our neighborhood.
3. I don't like breakirtg rank with the group that has fought long and hazd to preserve
the architectural integrity of this important lot. ! would much rather say that we had
reached a consensus. But we have not, so I feef morally bound to speak out when the
battle goes fotward even when we should be in the final streich of a very good
agreement.
t'm pr�ud to call myself a preservationist and i'm willing to go to great lenbths to protect
the tristoric and architectural legacy of our neighborhood But aow thai we have a good
plan it is time for us old war-horses to call an end to the waz and show that we can afso be
good neighbors, once we have negotiated our diffcrences.
'Ihere are many that have said that just garages or even nothing shoutd be built on this
site, but these arguments ate seriou3ly flawed because
�
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Nov-13-97 12;25P A Toast To Bread 612 778-8805 `�8 3 5 7
1, It is unrealistic to think that someone living in Minnesota woutdn't want a garage.
2, We don't own the Iand and Mr. Severson does. Therefore we aze not in a legal
porition to propose plans for his property. And I think our objcctions and questions
must be reasonabte and legal. l think it woutd be unconscionabie for anyone involved
in this debate to have designs on buyin� the land if Nfr. Severson can somehow be
forced to self at a cheap price.
3. Garages would still block the view of the park of both my apartment and the
apartment of Izurel FrosY. If anyone doubts this ihey should go to the 2" floor, rear
baicony at 436 Portland and try to look out over our gara�es. You can see the sky
and the top of some trees, but you couldn't see a park if there was one on the other
side.
4. To the best of my know4edge every good tooking garage buiit in our neighborhood in
the last scveral yeazs has dormers, windows, tall roofs and even fake doors for hay.
At aur condominium we even have a ti�ht and curtains in the gazages 2" story
window. It's as if someonc lives on the second floor of these garages or at lexst we'd
iike to create that illusion. So what woutd be so teiribty wrong if people actually
lived in some of these new structures. ARer all it doesn't takc up any extra land
space.
5. There is no assurance that someone eise would bulld someihing better than Mr.
Severson is proposing. Ail we need do is look around our neighborhood to know
that we aren't protected from 6ad design.
1 am one of those with serious doubts about the effectiveness of the Preservation
Commission. In fact I get angry and fi'ustrated with it. But aRer serious thought t must
come to its' defense. I don't think our neighborhood can make a habit of appeaIing the
decisions of the Preservat�on Commission. lt should only be done when it is clear that
the Preservation Commission has ignored its' own guideli�es. Irtstead we shoufd be
looking at ways to improve it. Therefore, to support this appeal is a very serious matter.
So seri�us that I worry about the future of the Commission. If we aren't careful, peopte
outside the Preservation movement are going to say "those preservationists on Ramsey
Hill can't be pleased. Do they have an endless capacity io fi�ht and a willin�ness to
destroy each other? Are these fights about important issues?" I would like to be able to
continue to say " We are a group ofgood neighbots that caze deeply about our historic
legacy but we are not unreasonable or mcan spirited."
m
9�3s 7
Nov-13-97 12:25P A Toast To Bread 612 778-8805 P.05
In this particular casc 1 think wc are ciose to the goint where everyone im•olved can
declace victory and feel some satisfaction that the system, even though it is flawed, can
aad does work.
Sincerely, �
�l ��,.�....
Mervyn Houglt
i�
98-3s7
Shaping the future of a historic neighborhood in Saint Pau!
400 Selby Avenue, Suite M, St Paul, MN 55102
November 18, 1997
Councilmember Jerry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota 55102
Dear Councilmember Blakey,
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At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requesting that the City Council uphold the a��eal of the Saint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the foilowing
reasons:
1) the proposed structure and existing gazage may exceed the maximum 30% pertnitted lot
coverage;
2) the necessary variances have not been detemuned nor applied for;
3) the proposed paved azea is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residential azeas;
4) the proposed front yard parking necessary to meet off-street parking requirements is
inappropriate.
5) the Portland Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Portland Avenue lot. At one time it served as the reaz yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concurred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yazd along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 Summit Avenue, even though the design may incorporate certain featutes from
the dwelling on Summit.
4} Section 73.06 (�(3) of the Saint Paul I.egislative Code (Heritage Preservation Section) states:
In tlie case of a proposed new building, that such building wili raot in itself, or by reason
of its Zocatian on the site, materially impair the architectural or historic value of
buildings on adjacent sites or i�a the immediate vicinity within the historic preservatioia
site.
�I
98-3s7
The proposed dwelling structure carries non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entitled "north elevation" (attached). These features include a main entrance facing Portland, a
porch typical of the residential strucmres in this neighborhood and appropriate azchitectural detail
for the front of a dwelling. This is contradictory to the portion of the Heritage Preservation
Ordinance raferenced above.
4) The proposed sideyazd pazking is expressly prohibited by the Saint Paul Zoning Code.
5) The proposed front yard pazking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the existing garage than the 18 feet required under the
Zoning Code.
F'inally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the property owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approvai by the Heritage Preservation
Commission was premature because the applicant does not have cleaz site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legaily be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance. the
A�sociation believed the Heritage Preservation Commicsion erred in its decision The applicant
should be encouraged to re-apply for HPC review when control of the site has been resolved,
appropriate variances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in onr neighborhood.
�
� �� �
M�ughlin, Presi e t
sey Hill Association
Cc: City Councilmembers
District 8 Planning Council
Ron Severson
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Council File
ORf GINA�
Presented By
Referred To
Green Sheet
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��
2 WHEREAS, Ronald Severson made application to the Heritaae Preservation
3 Commission (the commission) pursuant to Saint Paul Legislative Code Chapter 73 for a building
4 permit to conshuct a carriage-house-like structtue at 420 Portland Avenue within the Historic
5 Hill Heritage Preservation District; and
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WHEREAS, on February 27, 1997, the commission conducted a public hearing on the
proposal. After discussion, the matter was laid over and the project was again reviewed on
March 13, 1497, and finally approved on Mazch 27, 1997. However, the commission,
inadvertently, did not forxnally pass a resolution approving the project until January 8, 1998; and
WIIEREAS, on Apri18, 1997, Gregory Clark, Carol Clazk and Patricia Leonazd
appealed the Mazch 27, 1997, commission decision but elected to enter into negotiations with the
applicant in the hope that the applicant and the appellants might resolve their differences; and
WHEREAS, the negotiations between the parties failed to reach an acceptable
compromise and the appellants requested that their appeal be heard by the Saint Paul City
Council; and
WHEREAS, the commission in its Resolution No. 2884 granted approval of the building
permit based upon revised plans including only the east elevation marked 3G 1, and subject to
the condition that an appropriate crown molding be added above the transom windows in light of
the Historic Hill Heritage Preservation guidelines. In particular, based upon the evidence
presented at the March 27, 1997, public hearing, the commission made the following findings of
fact:
27 1. The proposed building site is a pivotal and difficult site. It is visible from
28 Suuunit Avenue, it abuts Portland Avenue and a public pazk, and there are
29 large buildings to the south and west that are close to the property lines.
30 This lot can be construed as both the reaz yazd of the Winter House at 415
31 Simunit Avenue and as a lot fronting on Portland Avenue. The proposed
32 carriage house concept (and "front yard" pazking adjacent to Portland) is a
33 reasonable approach to developing the parcel for the following reasons: a)
34 the site is used for, and needs to accommodate, off-street pazking for
35 residents of the Winter House; b) the pazcel has historically been a rear
36 yazd, it is used as a rear yard, and it appears as a reaz yazd due to its
37 relationship to the Winter House; c) there was historically a two-story
38 carriage house on the site; and d) it provides a design solution for a
39 building that is very close to the Winter House in proximity and that is
40 related to it in terms of form, materials, details, etc. The Winter House
-3s�
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' ORIGfN;�
2 uilt on a through-lot with Summit and Portland frontages; the recent
3 subdivision of the site changes neither the physical relationship of the
4 Winter House to sutrounding land nor the historical nature of the site.
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2. The proposed structure conforms to the district guidelines:
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It would "be compatible with the size, scale, massing, height,
rhytl�m, setback, color, material, building elements, site design,
and character of surrounding structures and the area."
The building elements, materials, scale, height, and character
would be related to, but do not mimic, the adjacent Winter House.
Individual design elements are integrated for a balanced and
complete design.
Though the side elevation would not be parailel to that of the
Winter House, the street-facing elevation would be perpendicular
to the street like those of other structures on this block of Portland.
d. The proposed setback from Portland is reasonable given the rear
yard nature of the site, and the carriage house nature of the
proposed building, the fact that the historic carriage house on the
site was located up to the north property line, and the fact that the
only other structure on the block face (the south side of Portland
between Western and Anmdel) is located closer to the street than
would be the proposed structure.
e. A front porch would not be appropriate given the carriage house
nature of the building.
£ Pazking spaces would be adequately screened from the street and
sidewalk by landscaping. Single gazage doors would avoid the
horizontai orientation of double doors.
The unusual nature of the building and site results from the rarity
of a through-lot. These sorts of anomalies in design and
development add richness, interest, and delight to the historic
district and its chazacter.
3. In addifion, the proposed structure and site development conform to the
federal Secretary of the Interior's guidelines for new construction on an
historic site. The proposed building's design and materials aze related to
and compatible with the primary, adjacent, lvstoric building, i.e., the
Winter House; the design distnaguishes between what is new and what is
historic rather than mimics the historic structure and confuses the two; and
the development would not have an adverse impact on the character-
defining features of the site and the area. The building's design is similaz
to the rear addition of the Winter House with simplified detailing, which is
appropriate for a new secondary shucture. A new buildina of unrelated
design and materiais would detract from the historic integrity of the site;
and
2
q�-3s7
OR1GiNAL
3 WI�EREAS, pursuant to the provisions of Saint Paul Legislative Code § 73.06(h), Tricia
4 Leonard, Crreg Clark, and Carol Clazk duly filed with the Council an appeal from the
5 determination made by the commission and requested that a hearing be held before the City
6 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to § 73.06, a public hearing was set on for January 28,
1998, but, at the request of appellants' attorney, the matter was postponed to Febniary 25, 1998;
and
WHEREAS, on February 25, 1998, a public hearing was duly conducted by the City
Council, where all interested parties were given an opportunity to be heard; and
WHEREAS, having heazd the statements made and having considered the application,
the report of staff, the record, minutes and resolution of the commission, the Council does
hereby;
RESOLVE, to deny the appeal of Patricia Leonard, Gregory Clazk and Carol Clark on
the basis that their has been no showing that the commission made any error in fact fmding or
procedure in this matter; and
BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution
to Patricia Leonazd, Crregory Clark and Carol Clark, the Zoning Administrator and the Heritage
Preservation Commission.
Reguested by Department of:
Adopted by Council: Date I�S ,��_
Adoption Certified by Council Se�$tary
BYc
Appxoved by Mayos: te �
By:
BY:
Fosm Approved by City Attorney
a .�'� ��� `•l— Z �' S�
Approved by Mayor for Submission to Council
By:
OFFICE OF T'I�, CITY ATTORNEY " J3 J �
PegBir75 CityAttorney
CITY OF S AINT PAUL
Norm Coleman, Mayor
CivilDivision
400 Ciry Hal[
I S Wes1 Keliogg Blvd.
Saira Pau1, Minnesot¢ 55102
Telephone: 612 266-8770
Facsimiie: 6I2 298-5619
Apri121, 1998
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Gregory Clark, Carol Clazk and Patricia Leonard
HPC Resolution No. 2884
February 25, 1998
Dear Ms. Anderson:
Attached please find a signed resolution memorializing the decision of the Saint Pau1 City
Council in the above-entitled matter. Would you please place this matter on the Council Consent
Agenda at your eazliest convenience.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
i�%Ge�l�l �!�✓�—
Peter W. Wazner
Assistant City Attorney
PWW/rmb
Enclosure
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
Appellants' Photograph #3
Taken February 22, 1998
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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420 Portland Avenue
Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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Saint Paul, Minnesota
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Saint Paul, Minnesota
City Council Agenda Item #46
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Saint Paul, Minnesota
City Counail Agenda Item #46
February 25, 1998
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City Council Agenda item #46
February 25, 1998
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Saint Paul, Minnesota
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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Saint Paul, Minnesota
City Council Agenda Item #46
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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S. MARK VAUGHT
Attornev At Law
Suire 700
Six West Fifrh Saett
Saint Paui, Minnesoa 5402-1420
j612)297-6M100
FAX (612) 224-8328
February 23, 1998
Councilmember Jim Reiter
320-A City Hall
15 West Kellogg Boulevard
Saint Pau1, Minnesota 55102
��-'� S`
RE: Appeal by Greg and Carol Clark and Patricia Leonard of the
Heritage Preservation Commissian decision regarding 420
Portland Avenue; City Covncil meeting of February 25, 1998;
Agenda Item #46
Dear Councilmember Reiter:
i represent the:appellant's in.the,ahave-referenced matter who
bring-the appeal because-they are._aggrieved by a decision of the
Heritage Preservation Commission ori�inally made on.March 27, 1997,
but.not formalized by,written resolution until January 8, 1498. My
clients all have ownership interests in Nathan House and Mews, a
Condominium Association, located at 415 Summit Avenue, immediately
abutting the subject property. Each has legally enforceable
pedestrian and parking easements over and to the subject property
at 420 Portland which are discussed in greater detail below.
The purpose of this letter is to.summarize the numerous
reasons for my client's appeal. Some of those reasons are
presented in my letter of March 13, 1997 to the Heritage
Preservation Commission. Your attention is also drawn to two
letters to Councilmember Blakey from Judy McLaughlin, President of
the Ramsey Hill Association, dated March 14, 1997 and November 18,
1997, respectively. All three communications are in the
informational packet for your meeting, I believe. The November 18,
1997 2etter indicates concurrence by the Ramsey Hill Association,
with the appeal oE my clients as result of a neighborhood issues
meeting about the project held on November 13, 1997, and it is
particularly persuasive about the reasons there£ore. I commend its
thoughtfulness and reasoning to you.
This appeal is brought for many reasons. In no particular
order, nor necessarily in order of imgortance, they may be
summarized as follows:"
1. The proposal approved by the Heritage Preservation
���
�0 - � 51 �
Saint Paul City Cauncil
February 23, 1998
Page Two _
Commission (HPC) in March, 1997, was £or a carriage house which was
thirty six (36) feet in width. Much of the material be£ore you
contains diagrams proposing a width o£ forty (40) £eet. The
di£ference is not immaterial. The applicant, Ronald Severson,
currently has an application £or a number o£ variances pending
before the Board of Zoning Appeals (BZA) for the proposed project.
That proposal, never approved by the HPC, ca11s for a width o£
Porty (40) feet. The BZA application also requests relief from
yard setback requirements and from parking stall size and location
requirements. Without BZA approval, HPC approval is irrelevant.
Further, the proposal be£ore the BZA is not the same proposal
previously presented and approved by the HPC. Even if Mr. Severson
secures BZA approval of his variances, it seems likely that
reapproval by the HPC o£ the "altered" design will be necessary.
For those reasons the Council should grant the appeal and remand
the matter to the HPC for consideration by both the BZA and the HPC
of a common design.
2. The orientation o£ the proposed carriage house building
makes it clear that the parking for the property (that which is
required for the parcel itself and that-which is guaranteed to my
clients because they hold parking and pedestrian easements over the
subject parcel) is either £ront yard garking or side yard parking,
or both. In either case, given the requirements of city ordinances
and the zoning code, the proposed parking is tot'ally inappropriate
and completely out of char.acter with the immediatelv surrounding
properties.
3. The orientation of the proposed carriage house on the lot
means that the side of the building will face the front o£ the lot.
This orientation is not dissimilar to that of a home placed on a
lot on Ashland Avenue several years ago, which was deemed to be
inappropriate and which was ordered removed by the City. The fact
that the side of the proposed building would face the front o£ the
lot means that the structure, if built, would be totally out of
character with any building or either side o£ Portland Avenue on
the £ull block and £or that reason alone, ought not to be allowed.
4. The small size o£ the lot in question in terms of square
footage and the necessity, because of existing easements to
guarantee both pedestrian and parking access across the lot to
residents of 415 Summit Avenue, would require some unusual and in
the main, unacceptable, £eatures. First, th�e "front" of the
carriage house would face and would be, at its closest point, less
than £ive (5) £eet £rom Nathan Hale Park, a neighborhood treasure
the enjoyment of which would be materially negatively aEfected by
the construction. Second, the carriage house, again at its closest
point, would be approximately eight (8) £eet from the structure in
which my clients' condominium units are located. Third, the
��,�5��
Saint Paul City Council
February 23, 1998 ,
Page Three � , ,
carriage house structure would be a mere fdur.(4) feet from an
enclosed exterior staircase to the basement oE the condominium
property at 415 Summit Avenue. The impac of this proximity upon
the £unctioning oP the cellar door which must be swung up and out
� to access the down staircase is obvious. The mass•and placement of
, the Carriage house structure on the lot is unacceptable and
presents a clear negative impact on my clients' adjoining property.
5. The footprint o£ the proposed building and the existing
two car garage (which because the applicant has £ailed to provide
proper paving on the lot is unusable? on the lot arguably exceed
the percentage coverage requirements of the local ordinances £or
the zoning lot in question.
6. The argument implicit in the HPC sta£f report and
£indings that 420 Portland and any proposed structure thereon
should be seen as "accessory" to the building at 415 Summit is
disingenuous and plainly not true. Though the two properties are
historically part o£ the same zoning lot, two distinctions are
- relevant. First, the portion of the prior zoning,Tot now known as,
420 Portland never contained an accessory buil'ding o£ the size or
residential character of the proposed carriage house/garage. At
most,' a small out building was at one time located on the 420
Portland portian of the lot. Second, the properties are now
separate and distinct zoning lots, without common ownershig, as a
result o£ the 1990 lot split and bear no more or less relationship
to each other, in terms of allowed uses, than any two other
adjacent properties anywhere in the city.
7. The necessity, because of the parking easements held by
my- clients and other owners of property at 415 Summit, Eor
providing at least nine o£f street parking places on the subject
parcel would require, if indeed it is even possible, such a
torturing o£ the zoning code parking requirements as to call into
serious question both the desirability and feasibility of the
entire project. And, jamming all of that parking and a carriage
house onto the lot would negatively impact other neqessary
functions such as winter snow removal and storage and trash
retrieval which would of necessity need to be performed at a much
heightened level i£ a residential struCture were shoehorned onto
this lot. -
$. As indicated in my letter to the HPC of March 13, 1997,
the applicant, Mr. Severson, does not have complete site control of
the parcel. In other words, his proposal is premature. My clients
have a blanket easement £or pedestrian access o�zer the entire 420
Portland property flowing from the Condominium Declaration which is
recorded in the Office of Ramsey County Recorder. At the time of
the recording the two parcels were a single zoning lot and Mr.
o��,�S�
Saint Paul City Council
February 23, 1998
Page Four
Severson took the property through purchase subject to the
easements. While the recorded document allows delineation of the
pedestrian easement, as o� this date, Mr. Severson has not chosen
to'do so and unless and until he does and unless and until that
delineation survives whatever searching inquiry or challenge to
which my clients may wish to subject it,._Mr. Severson has no more
right to build on the propert� than he does in the middle of a
public street or park. Additionally, each condominium unit at 415
Summit, of which there_are four, by virtue of the same recorded
doaument, has an easement right to two parking spaces on the
property at 420 Portland. These eight spaces are in addition to
the off street parking requirements for the lot as a result o£ Mr.
Severson proposed construction. On in£ormation and belie£, none o£
the unit owners has waived the requirements: Therefore, given that
the applican cannot force any of the easement holders to accept
and pay for parking in the proposed carriage house garage spaces,
the parcel does not contain su££icient room to provide the parking
spaces required by the easement and room to build the proposed
carriage house also. Apparently; the HPC was advised by its staf£
no'only that it need not consider the site control arguments, but
that it could not. O£ course, that isn't true. Why would the city-
waste its. staff time and resources considering a project which
because of the easement and variance requirements isn't even
presently possible. At a minimum, the appeal ought to be granCed
and the matter sent back to the HPC for further consideration when
and if the variance and site control issues are resolved.
Both my clients and I will be present at the public hearing to
ansvrer any questions you might have.
Ve tr yo ss,
�
S. Mark Vaug t
Attorney at Law
cc Jan Karan
-r �
Louis C. Sudheimer
439 Portland Avenue
Saint Paul, Minnesota 55102
Councilman Blakey
Saint Paul City Council
City Hall
44 W. Kellogg Bivd.
Saint Paul, MN 5102
Re: The 5everson's Carriage House Proposal & the FIIPC Appeal
Dear Councilman Blakey:
��"�
February 25th, 1998
Attached are photostatic copies of a hastily assembled four page petition contauiing the signatures
of 39 neighbors, neazly all of whom live within one block of, and literally surrounding the Nathan
Hale park and this Carriage House site.
7erry, As you can see, this is a very important issue to many Ramsey Hill Residents.
Many of us feel that, on this issae, the Ramsey Hill Association's leadership has made a serious
error, and does NOT represent us, or many other neighbors, on their very ill-advised decision to
support the appeal of a properly made HPC decision.
It is very important that what is constructed on this highly visibie site, right next to a lovely public
park and visible to passers-by and tourists from Summit Avenue, our Ciry's Cadillac thoroughfare,
be historically appropriate and aesthetically pleasing. Both of the two designs that have been
approved by the HPC for this site are excellent solutions, either would be a wonderful
enhancement of our City and the neighborhood.
However, a very small group (only 5 condo owners) of vocai and well-connected opponents are
against � HPC approved proposals. In addifion, ss far as I've been able to determine, the
oppanents have no alternative solutions or proposals for this important site that are acceptable w
them, their apparent go:il is for nothine to be built This is not a fair posifion of opposition, private
land rights are involved here.
In addition, the Ramsey F3ill Associazion Leadership's decision to support an Appeal to overturn a
valid and carefully considered decision by the HPC is misguided and even worst, it smacks of
"insider" influence and favors, as two of the five most acfive opponents are RHA Board members.
We urge you to postpone any decision on this matter, unless you wish to deny the appeal for it's
obvious lack of ineri� In either event, postponement or denial, we also urge you to assemble a
delegarion of both opponents and supporters to attempt to craft an acceptable compromise before
this matter comes up to you again through an apgeal of the ZAB grocess.
Jerry, this issue is symptomatic of a larger set of historic district issues and City wide issues.
Sincerely,
Louis C. Sudheuner
on behalf of well over 50 Ramsey Hill nnmediate Neighbors
648-7718
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c��, � S �7
February 8, 1998
We, the undersigned, want the St. Paul City Council to support the St. Paui
Heritage Preservations ��nan;t approval of the carriage house proposal at 420 Portland
Ave. because:
i) Tlus is clearly a backyard. An au�liary structure (carriage house) is the onty
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected af a
builder.
A. He has attained approval of the Preservarion Commission after long
consultation with them.
B. Iie has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The catriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new garage on Summit Court.
4) This design will be a handsome addition to the perixueter of Nathan Hale Park.
5) It is important to the long term viability of the Preservation Commission.
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February 8, 1998
i
We, the undersigned, want the St. Paul City Council to support the St. Paul
Heritage Preservations i,nan;mo� approval of the carriage house proposal at 420 Portland
Ave. because:
1) This is clearly a backyazd. An auxiliary structure (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservation Commission aRer long
consultation with them.
B. Ha has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifui new garage on Summit Court.
4) This design will be a handsome addition to the perimeter of Nathan Ha1e Park.
5) is ' ortant to the long t viabili of the Preservation Commission.
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February 8, 1998
We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preservations unan;mous approval of the carriage house proposat at 420 Portland
Ave. hecause:
1) This is clearly a backyazd. An auxiliary stzuchue (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are nornially expected of a
buiider.
A. He has attained approval ofthe Preservation Commission after long
consultation with them.
B. He has attempted to negoriate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands,
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new gazage on Summit Court.
4) This design will be a handsome addition to the perimeter ofNathan T3ale Park.
5) It is important to the long term viability of the Preservarion Commission.
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February 8, 1998
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We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preseroations unanimous approvai of the carriage house proposal at 420 Portiand
Ave. because:
1) This is clearly a backyard. An auxiliary structure (casiage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservarion Commission after long
consultataon with them.
3)
4)
5)
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B. He has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors aze now making unreasonable demands.
The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifixl new garage on Summit CourC.
Thia design will be a handsome addition to the �rimeter of Nathan Hale Park.
Tt is important to the Iong term viability of the Preservation Commission.
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400 Selby Avenue, Suite M, St. Paul, MN 55102
November 18, 1997
Councilmember 7erry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota SS1Q2
Dear Councilmember Blakey,
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the future ot a historic neighborhood in Saint Pau)
At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requestittg that the City Council uphold the aggeal af the 5aint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the following
reasons:
1) the proposed structure and existing garage may exceed the maximum 30% pernutted lot
coverage;
2) the necessary vaziances have not been deternuned nor applied for;
3) the proposed paved area is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residentiai azeas;
4) the proposed front yard parking necessary to meet off-street pazking requirements is
inappropriate.
° 5) the Portiand Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Porfland Avenue lot. At one time it served as the rear yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concutred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yard along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 5ummit Avenue, even though the design may incoiporate certain features from
the dwelling on Summit.
4) Section 73.06 (n(3) of the Saint Paul Legislative Code (Heritage Preservation Section) states:
In the case of a proposed new building, that such building will not in itself, or by reason
of its loeation on the szte, materially impair the architectural or hiszoric value of
buildings wz adjacerct sztes or in the immediate vicinity within tlze historic preservatiore
site.
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The proposed dwelling structure cames non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entiUed "north elevation" (attached). These features inciude a main entrance facing Portland, a
porch typical of the residential struetures in this neighborhood and appropriate architectural detail
for the front of a dwelling. TFus is contradictory to the portion of the Heritage Preservation
Ordinance referenced above.
4) The proposed sideyard parking is expressly prohibited by the Saint Paul Zoning Code.
5) The pzoposed front yard patking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the e�sting garage than the 18 feet required under the
Zoning Code.
Finally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the properiy owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approval by the Aeritage Preservation
Commission was premature because the applicant does not have clear site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legally be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance the
Association believed the Heritage Preservation Commission erred in its decision. The applicant
should be encouraged to re-apply for HI'C review when control of the site has been resolved,
appropriate vaziances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in our neighborhood.
/
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McJ�aughlin, Presi t
sey Hill Association
Ca City Councilmembers
District 8 Planning Council
Ron Severson
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OFFICE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
RobertKessler, Director
CITY OF SAINT PAUL
Nornr Coleman, Mayor
LOWRYPROFESSIONAL BUIGD7NG
Saite 300
350 St Peter Sveet
Saint Paul, Mirmesola SS701-ISIO
23 January 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hail
Saint Paul, Minnesot� 55102
Deaz Ms_ Anderson:
�t� .:� ��.j.
y�,
Tekphone: 611-266-9090
Focsimile: 672-266-9099
The City Council is scheduled to conduct a public hearing on January 28, 1998 concerning an appeal
of a decision by the Heritage Preservation Commission (agenda item #27). The appellants' attorney,
Mark Vaught, has requested that the hearing be postponed as one of the appellants will be out of
town. I would like to request that the appeal hearing be postponed to February 25, 1998. I have
confirmed this new date with all parties involved.
The case information is as follows
Appel]ants: Tricia Leonard, Greg and Cazol Clark
FII'C File: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant
approval of a building permit to consiruct a structure with one
dwelling unit and four gazage stalls (proposed by Ronald Severson).
Address: 420 Portiand Avenue (south side between Summit and Arundel)
Thank you for your assistance.
Sincerely,
J f ��`i°yL ��" `�""��
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP Director
Charles Skrief, HPC Chair
Dauid Heide, HI'C Vice Chair
Peter Warner, CAO
John Miller
Ron Severson
Mazk Vaught
QFFICE OF LICENSE, INSPECTIONS AND
ENVIRON2d�T1'CAL PBOTECTION
Raben Kessler, Director
CITY OF SAINT PAUL
Norm Colemmt, Mayar
5 7anuary 1998
Ms. Nancy Anderson
Assistant Secretary to the Clty Council
310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
7AWRYPROFESSIONAL BUILDING
Suite 300
350 St Peter Street
Saint Paul, .LI'mnesota SSIO2-I510
98 �57
2/
Telephone: 612-2669090
Facrimi[e: 61 L266-9099
I would like to request that a public heazing before the City Counci] be scheduled for Wednesday,
January 28, 1998 for the following appea] of a Heritage Preservation Commission decision:
Appellants: Tricia Leonard, Greg and Caroi Clazk
HPC Fi1e: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a
building permit to construct a structure with one dwelling unit and fow garage
stalls(proposed by Ronaid Severson).
Address: 420 Portland Avenue (south side between Summit and Arunde])
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0
on March 27, 1997 to approve the requested permit.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
have any questions.
Sincerely,
�'�'�. �����
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Charles Skrief, HPC Vice Chair
Peter Wamer, CAO
John Miller
Ron Severson
Mazk Vaught
l� i:^ a._ . �.. i .�_..,.
:■
Ji��v 6 `f 19Q8
y8- 35'7
From: Aaron Rubenstein
To: CCOUnci1.COUNCIL.nancya, CCOUnci1.COUNC2L.marye
Date: 12/2/97 11:21am
Subject: 420 Portland
I sent a letter to Nancy (dated 11 J.971 requesting a public hearing on December 10
for an appeal o£ the HPC approval of a new carriage house at 420 Portland Avenue.
Please remove this item Erom the December lOth agenda. I am working on rescheduling
the appeal £or December 22 or January 28 (because the HPC needs to act on a formal
resolution on the matter on December 11).
CC: CCouncil.COUNCIL.jerryb, CCouncil.COUNCIL.gerrym, ...
OFFICE OF LICENSE, INSPECTTONS AND
ENVIRONMENTAL PROTECTION
Robert Xessler, Director
CITY OF SAINT PAUL
Nonrs Caleman, M¢yor
7 November 1997
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Anderson:
LOWRYPROFES.SIONAL BUILDA'G
Suite 300
350 S� Peter Street
Saint Paul, Minrseso[a 55102-I510
98-�5�
Zelephorse: 612-266-4090
Facsimile: 612-266-9099
I would like to request that a public heazing before the CiTy Council be scheduled for Wednesday,
December 10, 1997 for the following appeal of a Heritage Preservation Commission decision:
Appellant:
HPC File:
Pwpose:
Address:
S-i�� �ricia Leo.�cvd� Cr��s c.v.� ltcrol L�nu�- .5K
#2884
Appeal a Heritage Preservation Comm3ssion decision to grant approval of a
building permit to conshuct a two-story carriage house with one dwelling unit
and four gazage stalls (proposed by Ronald Severson).
420 Portland Avenue (south side between Summit and Mackubin)
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0 to
approve the requested permit on Mazch 27, 1997.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
ha�e any questions.
Sancerely,
�
)l f
��"" �� �,,, U '� �"�
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Peter Warner, CAO
Ron Severson
John Miller
Mark Vaught
OFfICE OF LICENSE, MSPECTIONS AND
EIdVIRONMEN'IAL PROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Norm Coleman, MQyor
LCJWRYPROFESSIONAL BUfLDING
Suite 300
350 St. Pe[er Street
Saint Paul, Minnesota 55101-I510
18 February 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota SS 1Q2
98" 3 5?
Telephone: 612-266-9690
F¢csimile: 672-266-9099
RE: HPC File #2884: Gregory Clark, Cazol Clark, and Patricia Leonard, appellants
City Council Hearing: 25 February 1998
PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building
permit application to construct a new sttucture containing one dwelling unit and four garage stalls at
420 Portland Avenue.
HERITAGE PRESERVATION COMMISSION A TION• Approval.
STAFF RECOMMENDATION Approval.
PUBLIC TESTIMONl': Four people spoke; three of them expressed concems about the project.
Dear Ms. Anderson:
Gregory Clark, Carol Clazk, and Patricia Leonard, a11 residents of 415 Summit Avenue, have appealed
the decision of the Heritage Preservation Commission (HPC) to approve Ronald Severson's plans to
construct a new structure at 420 Portland Avenue, which is directly behind 415 Summit Avenue.
Mr. Severson's proposa] was reviewed and discussed by the HPC at five meetings. The commission
intially held a concept review of the project in July of 1995. A second, informa] concept review
occurred in November of 1996. The commission held a public heazing on the proposal on
February 27, 1997, at which four members of the public spoke; after some discussion, the HPC laid
over the matter. The project was again reviewed at the Mazch 13, ] 997 HPC Design Review
Committee meeting and was fmally approved, by an 11-0 vote, at the Mazch 27, 1997 HPC meeting.
The design of the proposed project evolved as a result of each of these meetings (as numerous
attached plans for the building show). The commission, inadvertently, did not formally pass a
resolution approving the proposed project until January 8, 1998 (10-0 vote).
The commission's approval of Mr. Severson's pro,ject was appealed by the above-named parties in
April of 1997. A heazing on the appeal was held in abeyance pending negotiations among concemed
parties (this process was approved by the City Attorney's office)_ Those negotiations appazently were
not entirely successful and the appellants have asked for the appeal to go forward.
The April 8, 1997 letter of appeal from Mark Vaught, the appellants' attomey, identifies four general
q8-35?
Ms. Nancy Anderson
Re: HPC Appeal / 420 Portland Avenue
18 February ] 998
Page Two
grounds for the appeal. The first states that the application, or project, does not conform to the
requirements of Chapters 73 and 74 of the Legislative Code; specifics aze not given. Chapter 73 is
the ordinance establishling the HPC and its processes, etc. Chapter 74 contains the ordinances
establishing historic districts and sites, including the desigi review guidelines for the Historic Hili
Disuict in which the subject site is ]ocated. The second and fourth gounds cited in the letter of
appeal relate to zoning code requirements and pazking and pedestrian easements; these issues aze not
within the jurisdiction of the HPC. T'he third issue cited, front yard parking, is addressed in the
HPC's resolution.
This appeal is scheduled to be heazd by the City Council on February 25, 1998. Slides of the site will
be available at the Council meeting if Councilmembers wish to view them. I have attached the
documentation reviewed by the HPC in making its decision. The first group of documents aze those
most important to understanding the current situation--a location map, a site plan and elevations of
the proposed building, the HPC's resolution, the appeal letter, and two follow-up letters. The
remaining documents are those reviewed by the commission at the six meetings mentioned above.
Very truly yours,
��-�,� /U�C��,V��y�J
Aazon Rubenstein
Heritage Preservation Planner
Attachments
cc: City Councilmembers
Robert Kessler, LIEP
Peter Wamer, CAO
Mark Vaught
Ronald Severson
John Miller
Charles Skrief, HPC Chair
David Heide, HPC Vice Chair
98-3s �
420 PORTLAND APPEAL: TABLE OF CONTENTS
4
5-12
13-15
16-17
18-19
20-21
22-28
29-52
53-54
55-78
79-81
82-86
87-102
I. Introduction
Area map
Plans approved by HPC 3.27.97
HPC resolution granting approval (1.8.98)
Letter of appeal (4.8.97)
Foliow-up letters conceming appeal
II. Information reviewed b��C (in chronological order�
Plans--1995 proposal
11.6.96 informal concept review meeting--summary and plans
Staffreport and attachments for 2.27.97 HI'C review
2.27.97 HPC summary
Materials conceming 3.13.97 HPC Design Review Committee review--cover memo, plans,
1903 Sanbom map, Secretary of the Interior's standazds and guidelines, summary, letter
from Mazk Vaught
John Miller's 3.21.97 response to Mr. Vaught
New information concerning HPC review on 3.2799--cover memo, summary, letter to
Councilmember Blakey from Ramsey Hill Association
Additional information reviewed by HPG-11.1 ].97 letter to Judy McLaughlin from Mervyn
Hough; 11.18.97 letter to Councilmember Blakey from Ramsey Hill Association;
1989 plans for carriage house on same site, approved by HPC, and 1992 revisions
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98 -35 7
CITY OF SAINT PAUL
HERITAGE PRESERVATION CONIlVIISSION RESOLUTION
FILE NUMBER 2asa
DATE 8 January 1998
WHEREAS, the Saint Paul Heritage Preservation Commission is authorized by Chapter 73 of the Saint
Paul Legislative Code to review building permit applications for exterior alterations, new construction or
demolition on or within designated Heritage Preservarion Sites or Heritage Preservation Districts; and
WHEREAS, Ronald Severson has applied for a building permit to construct a carriage-house-]ike
structure at 420 Portland Avenue within the Historic Hill Heritage Preservation District; and
WHEREAS, the proposed building site is currently used for off-street pazking by residents of 415
Summit Avenue; there is a two-stall gazage and unpaved driveway and pazking azeas; and
WI3EREA5, the Historic Hill District Heritage Preservation District guidelines for design review
include the following:
III. New Consbuction, A. General Principles: The basic principle for new construction in the Historic
Hi11 District is to maintain the district's scale and quality of design. ...New construction should be
compatible with the size, scale, massing, height, rhythm, setbacl� color, material, building elements, site
design, and character ojsurrounding structures and the area.
III. B. Massing and Height: New construction should conform to the massing, volume, height and scale
of existing adjacent structures. Typical residential structures in the Historic Hill District are 25 to 40
feer high The height of new construction should be no lower than the average height of all buildings on
both block faces; measurements should be made from street level to the highest point ojthe roofs.
Ill. D. Materiats and Details: ...The materials and details of new construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate and
tite; asphalt shingles which match the approximate color and texture of the preferred materials are
acceptable subsiitutes. ...Materials, including their colors, will be reviewed to determine their
appropriate use in retation to rhe overall design of the structure as well as to surrounding structures.
777. E. Building Etements: Individual elements of a building should be integrated into its composiJion for
a balanced and complete design. These elements for new construction should compliment existing
adjacent structures as well.
I77. E. 1. Roofs: ... The skytine or profile of new construction should relate to the predominant roof shape
of existing adjacent buildings.
771. E. 2. YVindows and Doors: The proportion, size, rlrythm and detailing of windows and doors in new
construction should be compatible with that of existing adjacent buildings. ...Facade openings of the
same general size as those in adjacent buildings are encouraged. ...Wooden double-hung windows are
traditional in the Historic Hitl District and should be the first choice when selecting new windows.
III. E. 3, Porches and Decks: In general, houses in the Historic Hilt District have raofed front
��
98-35 7
Heritage Preservation Commission Resolution: File #2884
Page Two
porches.... If a porch is not built, the transition from private to public space should be articulated with
some other suitable desigrr element.
III. F. Site, 1. Setback: New buildings should be sited at a distance not more thwz S% out-of-line from
the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. This happens quite often in the
Historic Hil] area and can lend detightful variation to the street.
III. F. 3. Garages and Pmking: Where alleys do not exist, garages facing the smeet or driveway curb
cats may be acceptable. Garage doors should not face the street. If this is found necessary, single
garage doors should be used ro avoid the horizontal orientation of rivo-cm gmage doors.
Parking spaces should not be located in front yards. Resideniial parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from Yhe streei and sidewalk by
landscaping, and
WHEREAS, the Saint Paul Heritage Preservation Commission, based upon evidence presented at its
Mazch 27, 1997 public hearing on said permit application, made the following findings of fact:
1. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts
Portland Avenue and a public park, and there aze lazge buildings to the south and west that are close
to the property lines. This lot can be construed as both the reaz yazd of the Winter House at 415
Summit Avenue and as a lot fronting on Portland Avenue. The proposed carriage house concept
(and "front yazd" parking adjacent to Portland) is a reasonable approach to developing the parcel for
the following reasons: a) the site is used for, and needs to accommodate, off-street parking for
residents of the WinYer House; b) the parcel has historically been a rear yazd, it is used as a rear
yazd, and it appears as a reaz yard due to its relationship to the Winter House; c) there was
historically a two-story carriage house on the site; and d) it provides a design solution for a building
that is very close to the Winter House in proximity and that is related to it in terms of form,
materials, details, etc. The W inter House was built on a through-lot with Summit and Portland
frontages; the recent subdivision of the site changes neither the physical relationship of the Winter
House to surrounding land nor the historical nature of the site.
2. The proposed structure conforms to the district guidelines:
a. It would "be compatible with the size, scale, massing, height, rhythm, setback, co]or, material,
building elements, site design, and character of surrounding structures and the azea."
b. The building elements, materials, scale, height, and character would be related to, hut do not
mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and
complete design.
c. Though the side elevation would not be parallel to that of ttie Winter House, the street-facing
elevation would be perpendicular to the street like those of other structures on this block of
Portland.
d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the
�T
q8-357
Heritage Preservation Commission Resolution: File #2884
Page Three
carriage house nature of the proposed building, the fact that the historic carriage house on the site
was located up to the north property line, and the fact that the only other structure on the block
face (the south side of Portland between Western and Arundel) is located closer to the street than
would be the proposed strucrure.
e. A front porch would not be appropriate given the carriage house nariue of the building.
f. Pazking spaces would be adequately screened from the street and sidewalk by landscaping.
Single garage doors would avoid the horizontal orientation of doubie doors.
The unusual nature of the building and site results from the rarity of a through-lot. These sorts of
anomalies in design and deve]opment add richness, interest, and delight to the historic district and
its chazacter.
3. In addition, the proposed structure and site development conform to the federal Secretary of the
Interior's guidelines for new construction on an historic site. The proposed building's design and
materials aze related to and compatible with the primary, adjacent, historic building, i.e., the Winter
House; the design distinguishes between what is new and what is historic rather than mimics the
historic structure and confuses the rivo; and the development would not have an adverse impact on
the character-defining features of the site and the azea. The building's design is similar to the rear
addition of the Winter House with simplified detailing, which is appropriate for a new secondary
siructure. A new bnilding of unrelated design and materials would detract from the historic
integrity of the site; and
WAEREAS, though there are, or may be, zoning issues, legal issues, and other issues pertaining to the
proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the
commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative
Code and the district design review guidelines;
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings, the Heritage Preservation
Commission grants approval of a building permit for the proposed structure, based on the revised plans
including only the east elevation mazked 3C-1, and subject to the condition that an appropriate crown
molding be added above the transom windows.
MOVED BY Baker
SECONDED BY Aauser
IN FAVOR 10
AGAINST 0
ABSTAIN 0
Decisions of the Heritage Preservatios Commission are final, subject to appeal to the City Council within 14
days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable
building and zaning aode requiremenCs, and does not constitute approval for tax credits.
15
9�-357
S. Maxx Vau�Frr
anorneyAr Law
Suiu 700
Su Wesc Fifrh Saett
Saint Paul, Minneson 55102
(612)297-6400
FAX (612) 224-8328
April 8, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 3�0
Saint Paul, Minnesota 55102
RE:
File #2884
Dear Mr. Rubenstein:
On behalf oE my clients Gregory Clark, Carol Clark and
Patricia Leonard, all residents o£ 415 Summit Avenue, Saint Yaul,
Minnesota 55102; and Laurel Frost and Mervyn Hough, residents of
73fi Portland Avenue, Saint Paul, Minnesota 55102; each of whom is
an aggrieved party as that term is used in Saint Paul Legislative
Code, Chapter 73.06(h), please consider this letter as the appeal
of the aggrieved parties to the City Council, pursuant to the cited
section, of the approval of the above-entitled matter by the
Heritage Pzeservation on April 27, 1997.
The grounds for the appeal are generally as £ollows:
l. The application as approved fails to meet the
requirements of Chapter 73 and 74 of the Saint Paul Legislative
Code relating to design and other functions regulated by the cited
chapters;
2. Specifically, the application fails to comply with the
Saint Paul Zoning Code requirements with respect to outside storage
of trash, snow removal and storage, property line setbacks,
provision of the proper number and spacing of parking places on the
property, and trafPic circulation;
3. The application contains provisions for a front yard
parking lot in violation of the provisions of the Saint Paul
Legislative Code;
4. The application violates certain pedestrian and parking
easements which attach to the property.
My clients have agreed with Mr. Severson to engage in
negotiation with respect to the application. All parties have
�� � �
q8-357
Aaron Rubenstein
April 8, 1997
Page Two
agreed to maintain the status quo so long as the negotiations are
proceeding. Therefore, though the agreement of the parties calls
for my clients to perfect this appeal, they ask that no action be
taken to schedule a hearing thereon until such time as the
negotiations are abandoned as fruitless. In the event that
happens, written noti£ication will be provided to your office.
I assume this document is sufficient to perfect the appeal
under the cited code provision. If I incorrect, please noti£y me
immediately.
Please direct a11 neces'sarv written communications and notices
regarding this appeal to my o£fice.
Very truly yours,
��C� �� � ��:�,�
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S. Mark Vaugfit
Attorney at Law
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98�35 ?
Warren E Pemrson
Ierome P Filla
DaniellV�ll Fram
Glenn A Besgman
Iohn M¢hael Mdler
Michael T Obede
Kenne[hA Amdahf
Steven H Bmns'
PaullV Fahning
Timothy P Russell
Es[herE McGinnis
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50 East Flhh Street
5[ Paul, MN 55101-I 1�7
1612129I-R��;
Ibt?4 2?A-1753 facsimde
Aieh'in ) Silvec O( Coun<el
Direct Dial ►290-6909
October 7, 1997
S. Mark Vaught, Esq.
6 West Fifth Street, Suite 700
St. Paul, MN 55102
BY FACSIMILE
aHn u.s. �=v
RE: Purahase of Property Adjacent to Nathan House & Mews
Condominium
Our File No.: 11127f950001
Dear Mr. Vaught:
I met recently with Ron Severson regarding development of the
property to the north of 415 Summit Avenue. Mr. Severson and some
of your clients have evidently met a couple of times in order to
discuss the situation and try to reach some mutually satisfactory
arrangement. According to the information which I have received
from Mr. Severson, it appears that at least some of your clients
are taking the position that they will not agree to the building of
any residential structure on that property under any conditions.
If, in fact, that is their posi�ion, there seems to be little use
in continued discussions or engaging the services of a mediator.
(Please see Paragraph 4 of my letter of March 28, 1997 and your
notes of our phone conversation of that same date.)
Accordingly, please consider this letter Mr. Severson's notice to
you pursuant to your letter of March 27, 1997, that the
negotiations appear fruitless and that Mr. Severson will take the
appropriate steps in two weeks in order to obtain the appropriate
approval.s trom the City to comnlete the project.
In the meantime, of course, Mr. Severson and I would certainly be
willing to continue meaningful discussions if you or your clients
are interested in doing so.
Thank you.
JMM:cnd
cc: Ron 5everson
iller
Celebrating
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98-35?
S. MARK YAUGHT
A tt o rn ey At Lau�
Suite700 `"- '��!
Ci r;i;'�' �^
Six Wut Fifth Stteet '- � - � = � ,
Sainc Paul, Minnesota SS 1Q2-1420
(612) 297-6400 97 C'r � I w!!; i i� I I
FAX (612) 224-8328
October 10, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 300
Saint Paul, Minnesota 55102
RE: Anolication of Ronald Severson to Construct a Cazriaa
House at 42Q Portland Avenue; Heritage Preservation
�OG1Yi[iSaiGi1 :7.ie :i0. l.
Dear Mr. Rubenstein:
By letter dated April 8, 1997, a copy of which is enclosed, a
number of my clients, who were affected parties, appealed the
decision o£ March 27, 1997 by the Commission in the above-
referenced matter. My letter to you of April 8, 1997, mistakenly
states that the decision appealed fzom was made on April 27, 1997.
The correct decision date is March 27,.1997.
Pursuant to agreement of the parties, which decision zvas made _
after cOnsultation with Assistant City Attorney Peter'Warner, the
appeal has been held in abeyance while the parties have attempted
to negotiate the mattar. On October 7, 1997, Mr. Severson's
attorney in£ormed my clients in writing that Mr. Severson was
abandoning the furthez negotiations as fruitless.
Accordingly, this letter is to request that the appeal be
scheduled for hearing before the appropriate body. Upon your
receipt of this letter, please contact me or have Mr. Warner do so
to arrange for the scheduling o£ the appeal and the submission of
additional �a*_�erwork an b�half of mv clients.
Ver- uly ours,
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S� Mark Vaught
Attorney at Law
cc Peter Warner, Esq:,_with enclosure
Susan Bergen, without.enblbsure_
Carol and,Greg Clark, without enclosure.,. _,,
I,aurel Frost, without enclosure
Mervyn Hough, without enclosure .
Tricia Leonard, without enclosure
John Michael Miller, Esq., without enciosure
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Meetin�Sim�maz3'
informal concept review mceYing
re: 420 Portland Avenue carriage house
6 November 1996
present: Ron Seveison, Bob Limning, David Heide, Charies S1Qie� Aazon Rubenstein
smuniary prepazed by Rubenstein
Severson presented two designs, one with fow garage stalls facing Portland and a 25' &ont setback and one
with four stalls facing west and a 15' &ont seWack (both desigos similar to those now proposed in February
1497 but buildings were parallel with east properiy line and not with Portland).
Heide: should Uris cazriage house read as an independent sWcture or resemble the original part of the Winter
House or the simpler rear addition?
Lunning: could go either way; could entertain good contemporary design tespectCul but not closely related to
main building; secondary buildings tended to be simpler; tlus building could be simpler in form and detailing
than the front part of the house--that would be more appropriate; these designs try awfully hard--perhaps too
hazd--to follow feedhack given at previous HPC meeting.
Heide: proposed carriage house is more elaborate than the rear addition of the house; concerned about false
historic precedent for carriage house at this location; no sense of pedestrian entry; concemed about quality of
unbuilt spaces on the ]ot.
Slvief: troubled by gazage doors so visible from Portland--important sUretch of Portland, view &om Portland
gerhaps more important than from Sunuuit.
Limning: packing court at reaz of 415 Summit, with gazage doors facing west, better than doors facing
Portiand from every perspective except view from building to west; nced to look at how to screen and
unprove relationship with Portland, be welcoming from Portland--show entrance or pedestrian way.
Discussion about pedestrian design connection between building and Portland.
Discussion about replica6on/mimicry versus contemporary but compatible design; Heide concerned about
false historicity; guidelines seem to ailow either approach.
The remainder of the discussion focused on plan B--with gazage doors facing west.
Lunning: plan B better meets ]arger neighborhood and public interests; suggested building could follow both
east and north properly lines (trapezoidal shape)--building huns perhaps with porch element.
Heide: openings not proportionate to scale of building and overly detailed.
Discussion about garage doors and type; perhaps set back 1' from wali.
Lunning: encoutaged Severson to look at quality of entire space, particulazly for building to the west
Heide: second story windows larger than first; what about windows penetrating the comice--lower cornice?
Severson: will look at revising plans and getting variance for plan B.
Heide: suggested that illustrations, even small iine drawings, showing entire views from park and Portland
would be usefiul (carriage house, main house, apartment bwlding, trees).
Apartment building to west very close to street, not set back 25'.
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98-357
HPC FILE #2884
CTI'Y OF SAINT PAUL
HERITAGE PRESERVATION COMA�SSION STAFF REPORT
FILE NAME: Construct cazriage house
APPLICANf: Ronald Severson
DA'I`E OF APPLICATION: 2.14.97
DATE OF HEARING: 227.97
LOCATION: 420 Portland Avenue (south side betweea Westem(Summit and Arundel)
HPC SITE/DISTRICT: FIistoric Hill IJisfrict CATEGORY: N. A.
CI.ASSIFICATION: Major
STAFF INVESTIGATION AND REPORT: DATE: 4.23.9'i
BY: Aazon Rubenstein
A. SITE DESCRIPTION: The subject site is a flat, dirt lot used for off-street pazking for the residents of
415 Summit Avenue which adjoins to the south. A two car gazage was constructed in the southwest
comer of the site 1.3 yeazs ago. To the west is a]azge, four story, brick condominium building and to
the east is the triangular Nathan Hale Park.
The E. W. Winter House at 415 Summit is a two and one-half story residence constructed in 1882 in a
vemaculaz Second Empire sryle and later remodeled in the Queen Anne style. Elements of both styles
are evident. A two story reaz addition was consiructed in 1886. Cass Gilbert designed an 1892
remodeling. The Winter House is categorized as pivotal. The structure has a mansazd roof (rear
addiuon hipped) with wood shakes, clapboazd siding, double hung windows, and a limestone foundation.
In the 1980s, the building was converted into four condominium units. A new, east side, pyramidal
]ripped roof, entry porch was approved by the T in 1987.
B. PROPOSED CHANGES: The applicant proposes to construct a two story "carriage house" residence,
with four gazage stalls at ground levei, on the east side of the lot.
C. GITIDELINE CITATIONS: The Historic Hill Heritage Preservation Distriet guidelines for design
review include the following:
III. New Construcdon, R. General Principles: The basic principle for new construcdon in the
Historic Hill District is to maintain the district s scale and quality of design. ...New construction
should be compatible with the size, scale, massing, height, rhythm, setbact� color, materiaf, building
elements, site design, and rharacter ofsurroundingstructures and the area.
III. B. Massing and Height: New construcdnn should conform to the massing, votume, height and
scale of exisdng adjacent struciures. Typicat residendal structures in the Historic Hill District are
25 to 40 feet high. The height ofnew consmrction shoutd be no lower than the average height ofall
buildings on both block faces; measurements should be made from street level to the highest point of
the roofs.
2y
9'8- 35' 7
HPC Stafl Report: File #2884
Page Two
III. D. Materials and Details: ..,The materials and details ofnew construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate
and tile; asphalt shingles which match the approzzmate color and texture of the preferred materials
are acceptable substitutes. ..Materials, including their colors, will be reviewed to determine their
appropriate use in relation to the overall design of the structure as well as to surrounding structures.
III. E. BuildingElements: Individual elements ofa buildingshould be integrated into its composition
for a balanced and complete design. These elements for new construction should compliment eristing
adjacent structures as well.
III. E. 1. Roofs: ...The skyline or profile ofnew construction should relate to the predominant roof
shape of ezisting adjacent buildrngs.
Ill. E. 2. Windows and Doors: The proportion, size, rhythm and detailing ofwindows and doors in
new construction should be compadble with that ofexisting adjacent buildings. ...Facade openrngs
of the same general size as those in adjacent buildrngs are encouraged. ... Wooden double-hung
wrndows are tradrtional in the Historic Hi11 District and should be the first choice when selecting new
windows.
Ill. E. 3. Porches and Decks: In general, houses in the Historic Hidl District have roofed front
porches.... Ifa porch is not built, the transitlon from private to public space should be articulated
with some other suitable design element.
IIZ F. Site, 1. Setback: New buildings should be sited at a drstance not more than S% out-of-line from
the setback ofexisting adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. Thrs happens quite often in
the Historic Hill area and can lend delightful varration to the street.
Ill. F. 3. Garages and Parking.• Where alleys do not exist, garages jacing the street or driveway curb
cuts may be acceptable. Garage doars should not face the street. If this is found necessary, single
garage doors should be used to avoid the honzontal orientaaon of nvo-car garage doors.
Parking spaces should not be located in front yards. Residential parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from the street and sidewalk by
landscaping.
D. ffiSTORY AND DISC[TSSION: The 420 Portland lot was subdivided in 1990 from the 415 Summit
Avenue lot to the south. It is both the rear yazd of the Winter House and a sepazate pucel fronting on
Portland, a situation that presents challenges for development--not the least of which is off-street
pazking. The 415 Siuumit wndominiums have a pazking easement which requ'ves two parldng spaces in
the reat lot for each of the four condominium units (though this requizement can be waived by any condo
owner). The current applicant wants to provide nine off-street pazking spaces--two for four units and
one for either a condo unit or the carriage house unit The City's off-street pazking requirement for the
site would be seven spaces (1.5 spaces x 5 units, rounded down). From a design perspective, a new
3�
98-357
HPC Siaff Report: File �#2$84
Page Three
cazriag�house-type strucUUe should 1) be related but suhservient to the Winter House and 2) resemble a
carriage house yet be compatible with the grand buildings along Porttand Avenue.
The applicant, Mr. Severson, bought the 420 Portland lot a year of so ago and lives in the Winter House.
In 1989, the HPC and BZA approved plans for conshuction of a carriage house on this site, wlrich
project included one dwelling anit and five gazage stalls in a sort of I,-shaped building and three off-
slreet pazldng spaces. In 1992, the HPC and BZA approved modifications to that plan w}uch included
two dwelling units in an L-shaped, carriage-house-like, shucture and 14 underground pazldng spaces.
In July 1995, the HPC Design Review Committee did a concept review of Mr. Severson's first proposal
--to build a three story, mansazd roofed residence with two gazage stal]s. That design was not
partiwlazly well received and the HPC chair offered to have a small goup of HPC members meet with
the applicant to consult informally and in more detail about the design issues. The fundamental concem
eapressed at the July 1995 meeting was that the design started to be a carriage house but wasn't and that
it needed a stronger design relationship to the Winter House. The infomzal meeting happened a yeaz
later, in November 1996, with Mr. Severson, Bob Lunning, David Heide, Charles Sl�ief, and HPC staff
attending, at which time several new designs--related to those now proposed--were reviewed (notes
attached).
E, kTNDINGS:
1. The applicant is proposing three design schemes for HPC review, all variations on a two story
carriage house. Scheme 3X has a) a 25' front setback from Portland in order to avoid need for a
setback variance, b) a 36' long building with two double garage doors, and c) two pazking spaces in
the front yazd which wouid requ've a variance. The 3X building is smaller than the other two
designs, resulting in the cariiage house's bedroom being located in the basement--the applicant's
least prefened design. The app]icant may want to add a dormer with one window on north and
south elevations of the 3X design. Scheme 3B is a 40' long building with single gazage doors, a
19.5' front setback, and two parking spaces in the front yard. It is the applicant's second choice.
Scheme 3A is the applicant's preferred design. It is the same as 3B but with angled, second story
overhangs at the northeast and southeast comers.
2. Proposed materials aze as follows. Roofing would be Timberline asphalt shingles, matching the
eacisting gazage; the Winter House has a wood shingled roof. 5iding would be dutch lap woal
siding milled to match that on the Winter House; wood-shingles in dormer gable ends. Trim and
eaves wouid be wood; eave design sunplified from that of Winter House by deleting dentils.
Windows would be 1/1 douhle-hung with insulated glass with full scseens--either Andersens with
brown vinyl cladding matching color of Winter House windows or, more ]ikely, Marvin wood
windows. Doors and entry hood wouid be of woal. Roof ridges would be painted metal with a
wooden crown molding and tin balls. Other details: rockfaced block foundation above grade;
probabty built-in gutters; paint scheme to match the Winter House; balcony design closely matches
those on Winter House.
31
98-35 7
HPC Staff Report: File #288A
Page Four
3, Schemes 3X and 3B conform to the disirict's design guidelines. They would be compatible with the
size, scale, massing, height, rhythm, setback, color, material, building elements, site design, and
character of s�sroundiug structures and the azea. The angle of the building on the site would reflect
the relationship of Portland to Sumnut and would mean the carriage house would be squaze with its
Portland neighbors. The building elemenu add up to a highly detailed, complex design for a
carriage house that could be simplified but is acceptable as is. Tke first story of the north elevation,
however, is elccessively blank; the applicant is willing to considet adding small square windows
here and in place of ]azger windows on the first floor of the east elevation (possibly then deleting
glazing on garage doors). Consideration should also be given to adding these windows to the south
elevation.
The proposed two pazking spaces set back ten feet from Portland would be acceptable, if wel]
screened, given the front yardlback yazd nature of the site. A detailed landscaping plan should be
provided.
4. The proposed 3A design, with its angled second story overhangs, is excessively complicated for a
carriage-house-type structure. Historic carriage house, though they can be finely detailed, have
simpler forms. A cazriage house should look like a secondary structure.
F. STAFF RECOMMENDATION: Based on the above findings, staffrecommends a) denial of the
proposed scheme 3A and b) approval of the proposed schemes 3X and 3B subject to the following
condition:
The HPC or its staff shall review and approve fmal construcdon plans (including added first story,
north elevation windows), and a detailed landscaping plan to ensure adequate screening of pazking.
32
GENERAL BUILDING PERMlT - g8 -357
DEPARTMENT CITY OF SAINT PAUL
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CTl'Y OF SAINT PAUL 2' I d• J � I
OFF[CE OF LICENSE, INSPECf70NS AND �
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HPC Meeting Summary / 2.27.9�
re: 420 Portland AvenuefFile #2884
Construct new carriage house
applicant: Ronald Severson
summary by Aaron Rubenstein
Rubenstein showed photos and slides of the site; mentioned that he had notified 436 Portland residents of
HPC meeting and they notified 415 Summit residents; a neighbor had raised issues of trash storage, 6'-lugh
fence vs. landscaping, and locarion of ninth paddng spot.
Baker asked for clazification that staff recommends appmval with smaller first Aoor east windows;
Rubenstein responded `�es".
Albers asked about screening and landscaping requirements.
Severson said he plans to live in the cazriage house, wants to withdraw plan 3A from consideration given
staff ob,jection to it, and is open to HPC's design suggestions.
Hazgens: likes scheme 3B with single garage doors and smaller fust story east windows.
Severson: would like IiPC approval for both 3X and 3B designs given the uncertainty about getting a frrnrt
setback variance.
Slvief: pointed to informal concept review swnmary on p. 25 of packet, which suggests some problems with
the proposed designs; designs aze too elaborate given the nature of the building; also concemed about
relationship with the park, especially the balcotry--the building should be a restrained backdrop, have better
manners.
Heide: concurs with much of Skrief's comments; still confused by what the building is hying to be and its
relationship with the e�sting building; his wmments from the 11.6.96 meeting still apply.
Chair Baker asked for any public comment.
Gary Ballman, Ramsey Hill Association representative: RHA has not had a chance to foimally review the
proposal and he invited Severson to neat RHA boazd meeting.
Cazol Clazk, 415 Sununit: owns existing gazage; new gazage spaces would be � she has problems bacldng
out of gazage because of tight lot; condo association was not informed of HPC meeting; listed a number of
concems; unplications for condominium legal documents; she catmot use existing gazage as there is no
paving.
Rubenstein inteaupte3 and said the concems of Ms. Clazk and other neighbors about legal issues, Mr.
Severson's handling of the process, and other non-design issues are valid concems but not appropriate to
discuss at the HI'C; the HPC deals with design issues addressed in the district guidelines and must make a
decision based solely on the design guidelines.
Laurel Frost, 436 Portland: subject lot is not a front and rear lot--it is a front lot; a building cannot be a main
and accessory building; believes this is a main building.
Mervyn Hough, 436 Portland, president of Nathan Hale Park Condominium Association: west elevation and
landscaping do not take into accoimt their situation; has a problem with the concegt; concemed ahout
landscaping, gazbage and screening; wants four single garage doors and wants plans to be follow i.e.,
changes require approval.
Severson responded briefly.
Albers: documents not adequate for permit approval, especially for approval of two schemes.
Frame: concurs with Albers, particulazly inappropriateness of approving two different plans.
Heide: proposed building is intended to represem a historic carriage house that was never there, blurs what is
historic and new.
Hargens: agrees with Heide; a pivotal and difficult site; moved layover.
Albers: suggested denial of pemilt--plans not sutliciently detailed.
Frame seconded the layover motion.
�3
98-3s�
FIPC Meeting Summary / 2.27.97
re: 420 Portland Avenue/File #2884
Page Two
Hazgens: there are other, broader issues [besides design] to be resolved
Kubenstein: it is reasonable to review and act on two design schemes givea difficulty and imcer[ainty of the
development process; HPC should avoid non-design issues and, whether layover or denial, should be cleaz
about reasons for action.
Hazgens: the design of the building is ambiguous.
Lazson: supports layover rather than denial.
discussion about layover to Mazch 13 Design Review Committee meeting.
Motion to lay over passed 10 - 0.
��
q8-357
CITY OF SAINT PAUL
Norm Coleman, Ma}ror
MEMORANDUM
TO:
FROM:
RE:
DATE:
HPC Design Review Committee
Auon Rubenstein � ��
420 Portland
10 March 1997
OFFICE OF LiCENS$ A'SPECITONS AND
EN VII20NMENTAL PROTEC.'TfON
RobertKus(er, Diruwr
IAWRYPXOFFSSIONAL BUD.DA'G
Suite 300
3505[ Petsr Sfreet
Saint Pau� Minreesom 55102-I510
Telephone: 612466-9090
Faanmile: 672-266-9099
Todd Bradley has prepazed revised elevations for the 420 Portland carriage house. Because of the pivotal,
highly visible natwe of the site, Chazles Slvief would like to have the Design Review Committee review
and discuss the revised plans on Thursday and then have the full commission review and vote on the
project on Mazch 27.
The revised elevations show a simplified, hipped roofed design Included are three versions of the east
e]evation, a north elevation with fsst story windows added, and two variarions of the west elevation.
Mr. Bradley has stated that the revised design is meant to reflect the reaz wing of the 415 Swnnut building
and could be fiuther distinguished from the main building by simplifying or eliminating moldings and
possibly by changing some materials.
I have included in this packet the information from the February 27 HPC meeting, a summary of the
February 2? discussion, copies of earlier plans for the site FYI, and a 1903 Sanbom insurance map
section showing that a two-story out building was located at the northeast corner of the lot. (A 1901
Rascher map labels the outbuilding as 1.5 stories; both maps provided by Tracey Baker). Also included
are seven pages from the federal Secretary of the Interior's standazds and guidelines with references to
distinguishing between new construction and historic structures. I would like to point out that these
guidelines are not included in the guidelines for any of the local districts and perhaps ought to be. I expect
this might be a more contentious issue in the neaz future (re: Lawel and Mackubin}.
��
63I07/1997
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OFFICE OF LiCENSE, INSPECTIONS AND
ENVtRONMENTALPR07ECTtON
Ro6estKusler, Dirutor
CTTY OF SAINT PAUL
Norm Co]eman, Ma}ar
FAX MEMO
To:
From:
Date:
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Aaron Rubenstein
tel 266-4Q87
fax 266-9099
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IAWRYPROFESSIONAL BUIIDA'G
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SaintPaul Minnesota 55101-I510
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. - _ " 98-35 7
The Secretary of the Interior's
Standards for
Rehabilitation
and Guidelines for
Rehabilitating Historic Buildings
U.S. Department of the Interior
National Park Service
Preservation Assistance Division
�! n
Washington, D.C. � 'f 'i �
For We 6y tLe Superin�endent of Documenn, U.3. Oovemmeat Prin[in6 Othee
Wuhington, D.C. ROW2
�/ �
q8-357
THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
Thr tnllowing Swndar3s am tobe applie�i to spetific rel+abiBtaHon projects in a reawnable manner, taqng into considerofinn economic and txhmcal
Ra>ibilitv.
Ul A pmperty shal! be used for its historic purpose or be piaced in i new use Nat requim miniwl clunge ro the deEining chancteristics of the
building and its site and environment
� (D The historic chancter of a pmperty shali be renined and preserved. The rcmovai of historic materiais or altention of feacutes and spaces that
chancterize a property sluli be avoided.
�(y l31 Each property shall be eecognized u a physical record of its fime, place, and use. Changes that a�erte a false unx of historical devdopmenl, such
K u adding conjectunl featum oz archilectunl demm4s from other buildings, sha11 not be undertakm
lil Most propenies change orer 6me; thox clunges thaf have acquircd historic significance in U�eir own right shal I be refained and preserved.
(5) Disiinctive featuces, finisha, ind mnstmction techaiques m enmpVn of rnftsmmship that chancterize i historic property shill be preserved.
161 Deterionted historic featum ehall be rcpaind nther tiva ttplaced. Whue the severity of dHeriontion rcquircs replacement of a distinctive
feature, the new featurt sha31 match thc o1d in design, mloq te:ture, and othervisual quaiities and, whae possible, materials. Repiacemmt of
missing featuxxs shall be substantiated by documenfary, physical, or pictorinl evidmce.
l� Chemical or physicat txatments, such u sandblasting, that duu damage to historic materials ahall not be used. The surfa<e cleaning of shuo-
tures, if appropriate, shall be undertaken using the gmtlest means possibie. �
(SI Signific�nt archtologiai resources affected by a project shall be protened and prcxsved. lf such resources must be disturbed, mitigation meas�
urn shali be unde�ken.
191 New additions, esterior altentions, or rclated new construction shall not destmy historic materials that chancterize the property. The new work
�� shall be differcMiated from the old and shali be mmpatible witA the msssing, sizq scale, and architectunl featurzs to protect the historic integrity of
the property and its envimnment.
_ L 1301 New additions and adjacent or rtlated new construction shall be und<rtaken in such a manncr that if rcmoved in the futurt, Ihe essential form
�� and integrity of the historic pwperty and its rnvironment would be unimpaittd.
i �
98-357
As stated in thr drtiniN��n, thr treatment "mhabilitation" assumr that at least enme rcpairor alterahon af the hutoric building will br n�edid in ordrr tu
provide tot nn etiinmt nmtrmp�e�nrv use; hnwever, these rrpa¢s and alteranon must not damage or dcstmy m, terials, fratures or finishe� that arr
�mportant m denning thr buiiding> hisroric character. Far rxampie, certain treatmrnts—if improperly applied—may ousr or amleratr phvsical detr�
rioradun ot hL<tont build[ng Thu can indude using impropet rcpomring or extmor masonry cleaning tethmques. or mhoduring insuWtinn that
damages his�uric hbrio ln almmt all nt these situations, use of thc�e materiaLt and treatmmts will result in a projecY [hat dnes not mert the Swndards.
Similartv, eaterior alditiom' that dupticate the form, mat�Riai. arnf d�Kailing nf the stiucture to the e:tent that they comprumisc the historic cfiaract�v nf
� thr structure wili tail tn meet thr Stand. rds.
Technical Guidance Publications
The National Park Serv�ce. U.S. Departmen[ of thr Interior, mndutts a variety of activitirs to guide Fedrrai agrnaes.5tates, and thr genrral pubhi m
historic prrservatinn pm�ett work. In add�tion to c�tabluhmg sLindard> anJ guidrlines, the Service develops, publishcs, and di�tribuhs [echmcal
intomwnun on appropriate pttxrvatiun trea[ments. in<luding Pre�ervahon Briefs, caae �tudies, and 1'reservatiun Tech Notes.
A Catalug of H�storic Prrservation Publicatinas with shxk numbers, prices, and ordering infurtnation may be obtaine+i by writing: Presrrvatinn Ax��s-
Wnce Div�s�on, Trchnical Prcxrvanon Services, P.O. Boz 37127, Washington, D.C. 20013T27.
�'= "1 ��
i I
98-3s�
ess of carefully documenting the hutorical appearance. Where an important architectural EeaNre is missing, its recovery u always recom-
mended in the guidelines as the fi•st or preferred, course of action. Thus, if adequate historical, pictorial, and physical documentation exists
w that the featurn may be accurately reproduced, and if it is desireable to re<stablish the feature as part of the building's historiwl ap-
pearance, then designing and constructing a new feacure based on such info�matwn is apprapriate. However, a second acceptable option for
the replacement feature is a new design that is compatible with the remaining chacacter-defining featum of the historic building. The new
design should always cake into account the size, scale, and material of the historic building itself and, most importantly, should be ciear(y dif-
terentiated so that a faLse historical appearance ss not created.
Alterations/AddiHons to Historic Buildings
Some exterior and intedor alterations to the historic building are generally needed to assure its continued use, bue it is most important that
such alt�ations do not radicafty change, obscure. or destroy chazattec�efining spates, materiats, features, or finishes. Alterations may in-
dude providing additional parking space on an existing historic building sire; cutting new entmnces or windows on secondary elevations: m-
sercing an additional floor, installing an mtirely new mechanical rystem; or creating an atrium or light well. Alreration may also include the
selective removal of buildings or other features of the environment or building site that are intrusive and thereEoce detract Erom the overall
historic character.
The const�uction o( an «terior addition to a historic building may seem to be essential for the new use, but it is emphasized in the gufdelines
that such new additions should be avoided, if possible, and considered only aEter it is determined that those needs cannot be met by altering
� secondary, i.e., non characterdefining interior spaces. IE, after a thorough evaluation of interioz solutions, an exterior addition is still judged
� to be the only viable alternative, it should be designed and constructed to be clearly differentiated from the historic building and so that the
character-defining teatures are not radically changed, obscured, damaged, or destroyed.
Additions to historit buildings are rcferenced within specifit sections of the guidelines such as Site, RooE, Structurel Systems, etc., but are
also considered in more detail in a separate section, NEW ADDITIONS TO H15TORIC BUILDINGS.
Health and Safety Code Requirements; Energy Rettofi[ting
These sections of the rehabilitation guidance address work done to meet health and saEety code requirements (for example, providing barrier-
free access to historic buildingsJ; or retrofitting measures to conserve energy (for example, instaliing solar collectcn in an unobtrusive loca-
tion on ehe sice). Although this work is quite o4ten an important aspect of rehabilitation projects, it is usuatly not part oE the ovecall Qcoce:s ot
protecting or repairing character-defining features; rathea such work is assessed for its potential negative impact on the building's hisroric
charattec Por this reason, part�cular care must be taken not ro radically change, obscure, damage. or destroy character-defining materials or
features in the process of rehabilitation work to meet code and energy requirements.
30
! /
y8-357
BUILDING SITE
Recommended
Nof Retommersded
ldentiFying, retaining, and preserving buildings and their features `' Removing or radically changing buildings and their features or site
as wetl as featutes ot the site that are important in defining its �C features which are important in defining the overall historic
overall hisroric character. Site features can indude driveways, �Y character of the building site so that, as a result, the character is
walkways, lighting, fencing, signs, benches, fountains, welis, ter- diminished.
races, canal systems, plants and trees. berms, and drainage or io-
rigation ditches; and archeological Eeatures that are important in
defining the history of the site.
/y Retaining the historic relationship between buildings, landscape
f �� features, and open space.
Protecting and maintaining buildings and the site by providing
proper drainage to assure tltat water dces not erode foundation
wails: drain toward the budding; nor erode the historic landstape.
Removing or relocating hisroric buildings or landscape features,
thus destroying the historic relationship between buildings, land-
scape features, and open space.
Removing or relocating historic buildings on a site or in a complex
of related hisroric stmctures—such as a mill wmplex or farm—thus
diminuhing the historic charatrer ot the site or mmplex.
Moving buildings onto the site, thus creating a false historical ap-
pearance.
Lowering the grade level adjacent to a building to pertnit develop-
ment of a forme:ly below-grade area such as a basement in a man-
ner that would drastically change the historic relahonship ot the
building to its site.
Failing ta main[ain site drainage so that buildings and site features
are damaged or destroyed: or. alternatively, changing the site
grading so that water no lon,ger drains propedy.
i5
The re]ationship between a historic building or building and landscape features within a
property's boundaries—or the building site—helps to deEine the historic charocter and shouid be
considered an integral part of overall planning for rehabiliWtion project work.
� �
98-357
BUILDING SITE (<onnnutd)
Ttrc following work is highGghted to in8iate that it represents tf�e Particu3uly compSez technical ar design upects oE ttFubilitation proiett
work and shouid oniy bt comidered after the preservaHon concems listed above have becn addressed.
Recommended
Not Recommended
Design for Missing Historic Famtes
Da�ing aed castrueting a new [adm d a bmlding or site
� w}en the histolic fatuie is eovip3etdy a�nde8. wch as an
outbuilding, eejrace, a driveway. It may bc ba�ed on
fiistorical. Pietorial, and phyaicil doeimrcntation: a bt a
smw de�igi that a eomytibk with tF�e histocie eharxeQ af
drc buildinB atd aee.
� Creating a false historical appearance berause the replaced feature
is based on insufficient historical, pictorial, and physical documen-
htion.
y Introducing a new building or site feature that is out of scale or
�\ otherwise inappropriate.
Introducing a new hndscape feature or plant material that is visual-
ly incompatible with the site or that destroys site pattems or vistas.
Alterations/Additions ior the New Use
Dni�in8 new oiuite parking, loadin6 docka, a rampt when
tequired bY the new use w lhat they aee as unob4vaEve as
posible and asswe the pt'xrvation of durathr-defining
L•eatu[o of the sitt.
Pladng parking facilities directly adjacent to historic buildings
when autamobiles may cause damage to the buildings or 4andscape
hatures or be intrusive to the building site.
Daig�ing new ezterior additions to (tistoric building+ or ad- Introduring new construction onto the building site which is visual-
� jacent new construRion which b compaHbk wich the historic � ly incompatible in terms of size, scale, design, materials, color and
�2uraeter of the site and which p�serve the historic rdation- tezture or which destroys hisroric relationships on the site.
ahiP herivem a building or buiida�gs, lud�cape featurts, and
oPm sPM•
Rmaving nocbig�tificant bui)dic�, additiorn, or aite
�feahvss which detact hom the historie cFuracter of !he s4.
Removing a historic building in a compiex, a building feature. or a
site feature which is important in defining the historic charocter of
the site.
48
� O
�j�-35�
DISTRICT NEIGHBORHWD knntinurJ)
The following work is highlighted because it represents the partitularly complex technical or design aspects o! rehabilitation projects and
should only be ronsidered after the preservation concerns listed above have been addressed.
Recornmended
Not Recommended
Design for Missing Historic Features
Designing and construtting a new Eeatute oE the building,
streetscape, oz landscape when the historic feature is com-
pletdy missing, ruch as row house steps, a porch, strcetlight,
or temce. St may be a testoration based on historicaS, pic-
torial, and physical docvmentarion; or be a new design that
is compatible with the historic character of ehe district or
neighborhood.
� Geating a Palse historical appearance because the replaced (ea[ure
is based on insufficient historical, pictorial and physical documen-
tation.
Introducing a new buiiding, streetscape or landscape feature that is
out of scale or ocherwise inappropriate to the setting's h�stonc
character, e.g., replacing Qicket fencing wich chain tink fencing.
Alterations/Additions for the New Use
Designing requ'ued new parking so that it is as unobtnuive as
possible, i.e., on side streets or at the iear of buildings.
"$hared" parking should also be planned so that several
business can utilize osu pazking area as opposed to imtoduc-
ing random, multiple lots.
Placing parking facilities direcdy adjacent to hisroric buddmgs
which tause the removal o! historic plantings, relocation ot paths
and walkways, or block�ng of alleys.
Designing and constiucting new additions to historic
buildings when requircd by the new use. New work shrnild
be compatible with the hisroric charocter of the district or
neig}�borhoad in teruLS of siu, scale, daign, materiat, color,
and t�ture.
Removing nonsignificant buildings, additions, or stteetscape
and landsupe features which detract from the historic
character of the district or the neighborhood.
introducing new construction into historic districts that is visually
incompatible or that destroys histonc relationships w�thm the
district or ne�ghborhood.
Removing a historic buildmg, buildmg feature, or landscape or
streetscape feamre that is important in deFining the overall hisronc
character oF the distnct or the neighborhood.
51
7�
q�-357
NEW ADDITIONS TO An atwched ezrerior addition to a hisroric building ezpands its "outer Iimits" to create a new pro-
HISTORIC BUILDINGS ���e. Because such expansion has the capability to radically change [he historic appeazance, an
exterior addition should be tonsidered only after it has been determined that the new use cannot be
wccessfully met by altering nonKharacter-defining intcrior spaces. If the new use cannot be met in
this way. then an attacfied exterior addition is usually an atteptable altemative. New additions
shuuld be designed and constructed w that the character-deFining features of the historic building
are not radically changed, obscured, damaged, or destroyed in the process o( rehabilitation. New
design should always be dearly differentiated w that the addition does not appear ro be par[ of the
hisroric resources.
2ecommend¢d
Placing tunctions and services required for the new use in non-
characterdetining interior spaces rother than installing a new addi-
tion.
Not Recommended
Expanding the size of the historic building by constructing a new
addition when the new use could be met by altering nontharacter-
defining interior spaces.
Constructing a new add�tion so that there is the least possible loss
of historic materials and so that character-de£ining features are not
obscssred, damaged, or destroyed.
Locatmg the attached exterior addition at the rear or on an in-
conspicuous side ot a historic building; and limiting its size and
scale �n relationship to the historic building.
Attaching a new addition so that the character-defining features of
the historic building are ubscured, damaged, or destroyed.
Designing a new addition w that its size and scale in rela[ion to the
histonc buildmg are out ot prapartion, thus diminishing che
historic charatter.
� Des�gning new additions m a manner that makes dear what is�j Duplicating the exact torm, material, style. and detailing of the
historic and what is new. 7J� hisroric building in the new addition so that the new work appears
�, to be part ot the historic building.
� Imitating a historic stvle or penod of architxture in new addit�ons,
especially for contemporary uses such as drive-in banks or garages.
58
�Z
q�- 357
NER' ADDITION5 TO HISTORIC BUILDING5lcunnnuedl
Rerommended
� Considering [he attached exterior addition both in tertns of the new
use and the appearance of other buildings in the historic district or
neighborhood. Design Por the aew work may be contemporary or
may reference design motifs Erom the hiscoric buifding. in either
case. it should always be dearly differentiated Erom the hisroric
building and be compatible in terms of mass, materials, relation-
ship ot wlids to voids, and cotor.
Not Recorrtmended
Designing and constructing cew additions that resu{t in the diminu-
tion or loss of the hisroric character of the resource, induding i�s
design, materials, workmanship. location, or setting.
Using the same wall plane. roof line. comice height, materiats,
siding lap or window type to make additions appear to be a par� ot
the his[oric building.
Placing new additions such as balconies and greenhouses on non-
characterdefining efevations and limiting the size and scale in rela-
tionship to the historic building. �
Designing additional stories, when required for the new use, that
are set back from the wall plane and are as inconspicuaus as possi-
ble when viewed Ezom the street.
Designing new additions such as mulcistory greenhouse additions
tfiat obscure, damage, or destroy character-deiining Peatures ot the
his[oric building.
Constructing additional srories so that the historic appearance ot
the building is radically changed.
59
�3
q8-35�
Heritage Preservation Commission Design Review Committce
Case summary re: proposed carriage house at 420 Portland/file #2884
13 Mazch 1997
present: Slaie� Cermak, Albers, Guelcher
Rubenstein shawed photographs and slides of the site and surrounding azea, summarized the case, and
mentioned that site plan review will be required of the project, that the applicant proposes to store trash in
small carts on the south side of the existing 2-caz gazage, and that the City Attomey's of'fice has advised that
the HPC should make a decision based on the ]ristoric district guidelines and not be concemed about legal
matters between private parties.
Ron Severson, the applicant, spoke.
Cermak: likes the compalibility of the revised design with 415 Summit more; relates better to rear of 415
Summit and the e�sisting gazage; sees an attempt to recreate what might have been there--a carriage house--
rather than a sepazate structure; squaring the building with the side properiy line would tie it better to 415
Summit and make it relate better to the pazk; latest scheme is more appropriate but not acceptable for a
building pemvt.
Slaief: asked if possibie to have more complete elevation.
Bradley and Severson: will have for 3.27 HPC meeting.
Todd Bradley, project designer: intent with this revised design is to simplify and resemble the 415 5ummit
reaz addition; intent of previous design was to make the building look as good as possible.
Mazk Vaught, attorney representing owners of two condominiums at 415 Sumnvt: Severson cannot build the
proposed project, has no more control of this site than Portland Avenue and Nathan Hale Pazk; discussed
discretion versus obligation of HPC to review all permit applications; suggested referring to HPC's legal
counsel his 3.13.971etter to the HPC.
Cazol Clazk, 415 Summit Avenue: pazking on site would be for sale and would not be &ee for 415 Summit
residents; there is not sufficient pazldng or traf�ic circulation room; opposed to pazking in the front yazd;
discussed trash; Severson's plan shows a path and hedges on the 415 Smwnit condo association's property.
Laurel Frost, 436 Portland: the carriage house shown on the 1903 map and the project approved by the HPC
in 1989 happened prior to the lot spiit in 1990 in which the 420 Portland pazcel was sepazated from the 415
Sumnut lot; this is now a different situation and property; the pazcel is being treated as a pazking lot rather
than a front yazd facing Portland.
Mervyn Hough, 436 Portland: if the HPC approves these or similaz plans, would detailed plans come back to
the commission for review?
31mef yes.
Hough: the proposed west elevation is very plain, should have as much design consideration as the rest of the
building, would like HPC to consider his perspective (he lives immediately to the west); spoke about the four
garage stalls; only one good plan should be approved rather than two. Site plan issues: believes gazbage will
end up being stored in a dumpster in the driveway; where would snow be stored?; parldng in ihe front yazd is
being deak with casually; the existing lilacs should be removed and a landscaping plan should be careful]y
reviewed.
Patricia Leonard, 415 Summit: asked what happens if first floor of carriage house is later converted to living
space; discussion followed.
Vaught: my clients cannot be forced to buy pazking spaces from Mr. Severson.
(Commissioners Hauser and Heide were also present during at least part of the discussion.)
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s. M�x vAUGFrr
AtrornevAt Lau�
Suite 70C
Six West Fifrh Stteet
Sa�nt Paul, Minnesota 57102
{6t2) 297b4Q0
FAX (612) 224-8328
March 13, 1997
Members of the Saint Paul Heritage
Preservation Commission
Suite 300
350 Saint Peter Street ,
Saint Paul, Minnesota 55102
RE: Application of Ronald Severson before the Saint Paul Heritage
Preservation Commission to construct a Carriage House at 420
Portland Avenue, Saint Paul, Minnesota 55102, File #2884
Dear Commission Members:
I represent Gregory and Carol Clark, the owners of Unit l, and
Patricia Leonard, the owner of Unit 4, of Nathan House & Mews, a
Condominium, located at 415 Summit Avenue. The Clarks and Ms.
Leonard have engaged me to represent their interests as unit owners
with respect to certain real property located at 420 Portland
Avenue upon which Ronald Severson is proposing to construct a
carriage house. Certain design considerations a£ that project are
currently before the HPC for approval.
Each of my clients holds certain easement rights to the
property located at 420 Portland Avenue for both pedestrian access
and parking purposes. None of clients has been asked nor has any
agreed to waive any of those easement _rights. The rights are
delineated in Article IV.4, and Article IV.5. o£ the Condominium
Declaration, dated July 24, 1990, and recorded in the Of£ice of the
Ramsey County Recorder on July 25, 1990 as Document No. 2555404.
Copies o£ the relevant provisions o£ the Declaration are appended
for your review and for that o£ your legal counsel.
Each o£ the Clarks and Ms. Leonard has a"blanket" easement
across the property at 420 Portland Avenue for pedestrian access
and each unit owned by the parties has an additional easement Por
two (2) parking spaces on the property.
Neither the Clarks nor.Ms. Leonard are currently prepared to
waive any rights attendant upon those easements. Since such waiver
would be a necessary condition precedent to the construction of any
carriage hpuse by Mr. Severson, construction o£ the project which
is before you represents a legal impossibility.
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98-3�7
Heritage Preservation Commission
March 13, 1997 -
Page Two
Mr. Severson has no more Current legal right to construct a
carriage house upon the real estate at 420 Portland Avenue than he
does to construct one in the middle o£ a public street or within
the boundaries of a public park. Unless and until he secures such
a right through acquiring waivers of the easement rights accorded
owners o£ each of the condominium units at 415 Summit Avenue, any
consideration of his proposed project by the APC or any other body
is inappropriate and premature.
Additionally, even i£ the project was ripe for current
consideration, it does not appear that Mr. Severson has provided
for trash storage, various setback requirements and his proposal
does not in any way comply with city off street parking spacing
requirements.
Mr. Severson must allow the parking of two vehicles on the
property £rom each of four condominium units at 415 Summit Avenue.
He must provide an additional off street parking spaCe for the
carriage house itself, for a total of nine of£ street parking
spaces. Since he must allow two spaces for each unit, but may not
"force" any unit to purchase a garage unit, he may not legally�
count the four garage units shown beneath the carriage house living
quarters as discharging all or part of the o££ street parking
requirement unless and until he presents contracts or sale
documents with the unit owners to purchase or occupy the carriage
house garage stalls in discharge of their parking easement rights.
Without use o£ all four carriage house garage units to discharge
o£f street parking requirements, there clearly is not su£ficient
room on the lot to provide the necessary off street spaces.
Indeed, there may not be such room on the lot even if all £our
carriage house stalls are utilized to discharge the current off
street parking requirements.
Regardless, even if Mr. Severson accomplishes waiver o£ the
parking easements, he still may not proceed, as noted above, unless
and until he secures a waiver o£ the blanket pedestrian easement
across the property £rom all of the condominium unit owners. Since
my clients, all oP the fee owners of two of those units, decline to
waive their pedestrian easement rights to 420 Portland Avenue, the
project envisioned by Mr. Severson remains impossible to accomplish
from a legal standpoint.
In seeking design approval £rom the HPC, Mr. Severson not only
has the cart before the horse, he has the cart on a difPerent
continent £rom the colt which one day might grow into a horse.
Since the staPf support accorded the HPC, like that of other
volunteer boards and commissions, is a steadily and rapidly
declining commbdity, it would seem an inopportune time to spend a
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98- 357
Heritage Preservation Commission
March 13, 1997
Page Three
portion of that valuable staff resource conducting a design review
of a project which currently can not occur. Accordingly, the HPC
is requested to remove the item from consideration or at least
postpone £urther consideration and ultimate approval until Mr.
Severson demonstrates the current legal right to proceed with the
project. in addition, and in the alternative, the HPC is urged to
transinit the legal points raised in this letter to legal counsel
Por his or her review and recommendation.
Very truly you�
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S. Mark Vaught
Attorney at Law
cc Gregory and Carol Clark
Patricia Leonard
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2555404
foregoing.
S. Easements fihrough Walls Within Walls. Easements are hereby
deciared and granted to install, lay, maintain, repair and replace aay
wires, pipea, ducts, conduita, public utility lines or structural components
running through the walIs of the unita, whether or not such walls lie in
whole ar in part within the unit bouadariea.
4. Essement for Offstreet Parking and Vehicutar and Pedestrian
Access to Portland Avenne. A bianket easement for pedeatrian acceas from
Portland Avenue to the Property, and vice versa, for vehicular offstreet
parking spaces (two (2) for each unit), and for vehicular access to the
offatzeat par�ng apaces &om Portland Avenue and vice versa is hereby
established over and acroae the entirety of the northerly of the two (2)
Additional Reai Estate parceia (the "North Parcel"). Declarant, or hia
successora or assigna, shall have the option to delimit the boundaries of
these easement areas by ezecuting aa easement grant or deciaration,
setting forth the legal descriptiona of the easement areas, and recording the
same in the office of the Ramsep Caunty Recorder. At auch time as
Declarant adda Lhe North Parcel to the Condominium, the easement(s)
shall disappear (the amendment hereto ehali contain a provision
terminating the easement(s)),'the offatreet parking apaces shall become
limited common elements of the units in the Condominium, and the
number of offstreet parlang spaces allocable to each unit�shall be reduced
from two (2) to one (1). Each unit owner in the Ccndominium, however,
ahall have the right of firat re£usa2 to purchase from Dec2arant one (1)
� garage unit if Declarant constructs garage uaits on the North Pa: cel.
b. Easements to Rnn With Land. All easements rights and
obligatioas creatzd in this Article are affirmative and negative easements,
running with the land, perpetuaIlq in full force and effect, and at all times
ahall inure to tha beaefit of and be binding upan Deciarant, its succeasars
and assigna, and any unit owner, pui�chaser; mortgugee and other person
'�iaving any interest in the Condominium or any part or portion thereof.
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1. Membership in Association. A unit owner shall by virtue of such
interest be a member of the Association and ahall remain a nember of said
Association until such time as hia intereat in the Condominium ceases for
any reason, at which time his membership in said Asaociation ahall
sutomaticalip cease. When one or more peraona hold an interest in a unit,
all auch persans shall be members.
2 Compiisnce with Decla:ation, ByIaws and Rules sad. Regulations of
Associat3on. Each unit owner and occupant of a unit shail camply with all
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y8- 357
Warren E Peterson
�erome P Filla
Dar.iel Witt Fram
Glenn A. Bergman
Iohn Michael Miiler
Michael T Obe��e
Kenneth A Amdahl
Sieven H. Bruns'
Paul W. Eahning
Timothy P. Russell
Esther E. McGinnis
S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
St. Paul, MN 55102
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PROFESSfONAL-ASSOG�IATION�.
Oirect DiaL #290
March 21, 1997
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Suite 300
50 East Fihh Street
St. Paul, MN 5510I-1197
(6I21291-8955
(6121 22&I753 facsimile
Melvin �. Silver, Of Counse,
BY FACSIMILE
AND U.S. MAIL
RE: Application of Ronald Seversoa before the Saint Paul
Heritage Preservation Commission to construc� a Carriage
House at 420 Portland Avenue, St. Paul, bIII 55102
File #2$84
Our File No.: 11127/950001
Dear Mr. Vaught:
I zepresent Ronald and Marnie Severson with respect to the
construction of a carriage house and garages on the property owned
by them north of the Nathan House & Mews Condominium (the "Severson
Parcel"). They have forwarded to me a copy of a letter which you
sent to the Saint Paul Heritage Preservation Commission {"HPC")
dated March 13, 1997. I have reviewed that letter and have the
following comments:
1. You refer to the "blanket easement" which your clients
currently have with respect to the Severson Parcel. Even
if it could be construed as a"blanket easement" at this
tu-t�e, the Seversc;,s clearly have the right to 1?mit the
boundaries of the easement areas as provided in Article
IV, Section 4 of the Declaration, a copy of which was
attached to your letter to the HPC. This language
obviously contemplates that the Seversons, as the
successors to the developer, can at their discretion,
� remove any "blanket" nature of the easement. Moreover,
- it is clear from other provisions in the Declaration that
� it was always the intent of the Declarant that the
o Severson Parcel would be developable by the owner of that
N parcel.
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98-3$ 7
S. Mark Vaught
March 21, 1997
Page 2
2. Contrary to the assertions on Page 2 of your letter to
the effect that the Seversons are "puttinq the cart
before the horse", we believe that the opposite is true.
As you correctly point out, the approval by the HPC and
other aqencies of the City does not necessarily take
precedence over private agreements. The Declaration is
such a private agreement.
Unfortunately, it appears what your clients are doing in
this particular case is to place the HPC (or other City
Agenciesj in tne position of being a binding arbi.trator
in what is clearly a dispute between private parties
regarding the terms and conditions of a private
agreement. That is not the role of the HPC and I do not
believe that the HPC should be placed into that position.
The HPC should be evaluating the proposal on its merits
in accordance with their criteria, rather than trying to
construe the Declaration.
Your assertion that the plans by Mr. Severson, if
approved by the HPC, will never come to fruition, is, in
our opinion, simply i.ncorrect. At the very least, it is
not an argument which the HPC should be deciding. Once
the Seversons receive approval from the HPC, they plan to
go forward with the project. If your clients still
object, it is at that point that they could seek the
appropriate injunctive or declaratory relief through the
courts.
We also agree with the genezal point made in the last
paragraph of your letter but reach the opposite
conclusion. That is, for the HPC and/or the City
Attorney's Office to get involved in the construction of
a private agreement would be a waste of their valuable
time and resources.
3. If you have had any direct contact with the City
Attorney's Office regarding this, it would be appreciated
if you would provide me with the name of the City
Attorney so that this letter can be relayed to the City
Attorney.
ga
98- 3s 7
S. Mark Vaught
March 21, I997
Page 3
Please feel free to contact me with any questions or comments
which you may have regarding this.
Thank you for your cooperation.
JMM:bap
cc: Ronald and Marnie Severson \
Heritage Preservation Commission
HPC Staff Member Aaron Rubenstein
rely
Michael Miller
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98
CITY OF SAINT PAUL
Norm Colemon, Mayor
MEMORANDUM
TO: Heritage Preseroarion Commission
FROM: Aazon Rubenstein �,,�,
RE: 420 Portland
DATE: 25 Mazch 1997
OFFICE OF LICENSE, INSPECTLONS AND
ENVD20NMENTAL PROTECTTON
RobertKersle>, Dirutor
TAWRYPROFFSSIONAL BU2DWG
Sui7e 300
3505[ PererSo-eet
SainiPou7, Mimiessoto 55102-75]0
Telephone: 61L266-9090
Facsimile: 672-266-9099
Ron Severson and his designer, Todd Bradley, will present to the commission on Thursday further revised
elevatioas for the proposed carriage house residence at 420 Portland. The project was discussed at the
Design Review Committee meeting on Mazch 13 but committee chair Charles Slaief thought the project
too important for the full commission to not review.
Commission members Terri Cermak and David Heide met this moming at the LIEP o�ce with
Mr. Severson and Mr. Bradley to further discuss the project. This meeting was my idea, based on my
belief that the project could meet the historic district guidelines with some additional revisions to the
design. Chazles S1Qief had also planned to attend the meeting but ultimately was unable to come. A
summary of the meeting follows.
Severson: presented revised plans with surface parking space next to building moved a bit to east,
balcony one foot wider, glass removed from garage doors; windows will be added to first story of south
elevation; would also add skylight above bathroom on west roof slope.
Heide: false sense of historicism discussed at November 6, 1996 meeting with Severson, still feels that
the proposed desigi blurs these boundaries; why not simply a well designed new building?; proposed
design is sort of a carriage house/gazage/house, don't have a problem with a building on the site but have
a problem with a fake old building.
Cermak: yes, but given the building context, pzoposed type of design may be necessary to pull it off,
par[iculazly with relationship to 415 Summit; a totally sepazately designed building would look out of
place.
Heide: okay; balcony and some other details--gable ends, door hoods, etc: -aze misleading historically and
should be simplified; also, suggest adding brackets under balcony to give visual support.
Cermak and Heide: discussed continuous east comice vs. gable; simplify balcony to distinguish it from
the house, e.g., square balusters, iron railing, slats, or simpler hunings; simple door hoods with simpler
brackets.
Heide: okay with transom above french doors but not segmental transom; chimney?
Severson: no chimney (Bradley said after meeting that fueplace could have a painted metal class B vent,
will add to elevations).
Cermak: like french doors with gable above and broken eave line; she and Heide suggested even widening
the doors and balcony.
Severson: differentiate building from 415 Summit with paint colors?
Cermak: would not advise doing sa-the proposed building, the existing gazage, and 415 Summit would
be a goup of related buildings.
Heide: perhaps colors not the same as on 415, or used in different places than on main building; tivs
building shwld not be a fake old building.
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98-357
Heritage Preservation Commission re: 420 Pordand
25 Mazch 1997
Page Two
Rubenstein: should west elevation have a gable and, if so, how should it be treated so that it looks 1�1ce it
has a reason for being other than decoration?
Discussion and ageement about having a gable with a transom above the paired windows.
Heide: should the &ont walk lead to the middle of a wall?
Discussion about a diagonal walk connecting the sidewalk and front entry more direcUy.
Rubenstein: what about the issue of pazking in the front yazd?
Cermak: dcesn't have a problem with pazking in what has become a&ont yard; new property line is an
imaginary line that dcesn't change the perception of the huildings, particululy tha[ 41S Summit was built
on a through lot with frontages on Summit and Portland and the Portland side is historically the reaz yazd
of the Winter House.
Discussion about the possibility of having eight rather than nine pazldng spaces on the site, and which
front yazd space to eliminate.
Commissioner Heide commented after the meeting: this case is a particulazly difficult design problem and
the proposed design is generally much improved compazed to what was initially submitted.
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Heritage Preservation Commission
Case Summary: proposed camage house at 420 Portland Av., File #2884
27 Mazch 1997
Rubenstein reviewed the proposed project, the revised site p]an and elevations, a letter from Ramsey Hill
Association to Councilmember Blakey about the project, and several issues relating to the proposal.
Cmsr. Albers: aze there historic cazriage houses that face the street as the proposed building does?
Rubenstein: there's one on Portland just east of House of Hope Church; not sure if there aze others.
Ron Severson, the applicant, spoke briefly; said the balcony and door hood designs have been simplified;
imagined french doors would have removable grids but full light [without gridsj would be okay.
Cmsr. Buetow: full light would be preferabl�-tend to simplicity.
There was no public testimony offered; the public hearing was closed.
Cmsr. Heide: moved approval of the revised pians, inciuding the east elevation marked
"preferred", subject to the condition that appropriate crown molding be added above the transom
windows.
Cmsr. Buetow seconded the motion.
Cmsr. Albers: is this (the part of the lot fronting on Portland) a front yard?
Rubenstein: responded, in part, that it is sort of both a front yazd and a rear yazd, and explained further.
Cmsr. Aibers: the guidelines say no parking in a front yard.
Rubenstein responded again.
Cmsr. Buetow: this property is historically a rear yard.
Cmsr. Albers: parking ought to be adequately screened from the street.
Cmsr. Heide called the question; the commission voted 11-0 to end discussion.
The motion to grant approval, as noted above, passed 11 - 0.
summary prepazed by Aaron Rubenstein
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98•357
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400 Selby Avenue, Suite M, St. Paul, MN 5�502
Shaping the future of a historic neighborhood in Saint Paul
March 14, 1997
Councilmember Jerry Blakey
Suite 310
City Ha1UCourt House
Saint Paul, MN 55102
Dear Councilmember Blakey,
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At the March 13 meeting ofthe Ramsey Hill Association Mr. Ronald Severson presented a plan
for construction of a residential unit with 4 ground level garage stalls on property located at 420
Portland Avenue. It is our understanding that until about 1990 this parcel was the rear yard of
property located at 415 Summi[ Avenue.
Several questions were raised at the meeting regarding this parcel that could not be answered by
Mr. Severson creating confusion for the ILamsey Hill Board. Primary among these deal with
setback requirements and variances needed. Because of this we will be unable to make a
recommendation to the city on the proposed project without correct information. The Board,
therefore, has asked that your office request an opinion from the City Attorney on the following
questions to clarify these issues. The property owner stated that he will come back to the Board
for review and approval once our questions are answered and the necessary variances have been
applied for:
l) Is it possible to divide a zoning lot thus creating a new lot and, at the same time, taking the
other parcel out of compliance with the zoning code with regard to setbacks and lot coverage?
2) What avenues does the city have to enforce the zoning code and require the owners at 415
Summit to bring their property back into compliance with respect to setbacks and lot coverage?
3) Since the proposed structure is the primary residential structure on the property at 420
Portland, what are the required setbacks and maximum allowable lot coverage?
4) Are there different setbacks required when a lot and new residential structure abut a city park?
5) Prior to the change of ownerslup, a site plan for parking and landscaping only had been
approved by the city. To date no work has been done to meet tlus approved plan. What avenues
does the city have to force property owuers to comply with subnoitted plans?
�'."� "e =- � � � �j�
98-357
On behalf ofthe Board I want to thank you for your assistance. We will await your response
before proceeding with ourreview.
Sincerely,
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`�Judy McLauglilin, President
Cc: Saint Paul Heritage Preservation Commission
Ronald Severson
i
Nov-13-97 12:25P A Toast To Bread 612 778-8805
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ludy McLaughlin, President ��
Ramsey Hill Association,
November t 1, 1997 "
DearJudy,
26 years ago when Niarlou and 1 bought 436 Portland Ave. there were lots oP
problems in the neighborhood more important than the rear yard at 415 Summit Ave. But
with a front yard on Summit and a back yard facing onto Portland , Nathan Hale Park and
abutting the east s'sde of our building, it was clear to mc then that a major design
cantroversy was comin� sometime in [he future. To me, common sense said that 415
Summit (then a drug treatment center) wouid someday want to build garages on this site.
I've always feared that something ugly or inappropriate would be built there. Never, did
l foresee the estended battle that would ensue over severa] different plans proposed for
this site. I think we've been arguing for near]y 8 years.
It was fears and threats like this that prompted a smai! group of us to found the Ramsey
Hill Association, Oid Town Restorations and then the Preservation Commissioa in thc
1970's. Those were dark and uncertuin yeazs in this neighborhood. But now it is c[ear
that tfiose organizations have served our neighbothood very well and have served us well
on this controversial property.
Today we are faced with a quandary. One ofihose organizations, the Preservation
Commission, has voted to approve Mr. Severson's ptan. And now the Ramsey Hitl
Association is faced wifh the following questions to answer.
l, tias the Preservation Commissian made a huge biunder? Is it incompetent? Does Mr.
5everson's plan meet the Commissions' guidetines?
2. Should the Ramsey Hiil Association use its' considerable clout to further undermine
thz Preservation Commission?
At this time it is my opinion that the Ramsey tiill Association should not lend support ta
this appeal because the proposed plan af Mr. 5everson now meots ail of the guidelines of
the Preservation Commission. tt now aiso meets its' parkin� obligations for 415 Summit
and Mr. Severson has made 3 important concessions to the residents of 436 Yortland Ave
(cedar shakes on the roof, a much improved western ele��ation and a plan for the planning
and maintenancz oi the landscaping}. It is now a better pian than we have a legal right to
expect. This new building will be handsome profiled against thc rather plain and
monulithic eastem fa�ada of 436 Port�and Ave.
Rather than support one side over the other I Lhink the Ramsey Hill Associatioo should
send chis issue back to the 2 concemed parties with the request that they Sit down with a
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Nov-13-97 12:25P A Toast To Bread
98-3s7
612 778-8805 P.03
neutrai attomey and draw up the papers necessary to resolve the last reasonable legal
issues. As t see it there are 5 topics to focus on.
i. The Ciarks' legitimate concems that they wouid have the right to rebuild on repair
their garagu in the event of a disaster.
2. The legai scructure should be drawn up for the Gazden Committee. This shoufd
invofve ali affected resideats that chose to participate.
3. The legal structure for long term maintenance ofthe pazking area should be drawn up
4. Assurances should be obtained from the Preservaiion Commission that neither its'
staff or the Commission will approve changes to the enal plan without notifying
interested parties.
5. The St. Paul Building Department shouid eaamine che pazking pfan to verify thnt the
parking plan meets St. Paul Parking Codes.
There is no �eason why thesc issues cannoi be resolved quickly.
It is not easy for me to come forward on this matter because;
1. I have been one of the leading opponents of many plans proposed for this site. Our
small group of neighbors has been downtown regularly for ciose to 8 years arguing
our case. 1 think all oF us qualify for combat status. I've even gone downtown to read
the condo documents of 415 Summit to make sure that iheir parking obligations were
honored. I did this at a time when City Hall and even the residents of 415 Summit
were largeiy indifferent to these obligations.
2. I don't really want to give up the moming sun streaming though my living and
dining room windows or the view of the 2 Spruce trees, 2 Linden trees and the 2
Mapie trees that [ personalVy planted in t3athan Hale Pazk when Dutch Eim disease
devastated our neighborhood.
3. I don't like breakirtg rank with the group that has fought long and hazd to preserve
the architectural integrity of this important lot. ! would much rather say that we had
reached a consensus. But we have not, so I feef morally bound to speak out when the
battle goes fotward even when we should be in the final streich of a very good
agreement.
t'm pr�ud to call myself a preservationist and i'm willing to go to great lenbths to protect
the tristoric and architectural legacy of our neighborhood But aow thai we have a good
plan it is time for us old war-horses to call an end to the waz and show that we can afso be
good neighbors, once we have negotiated our diffcrences.
'Ihere are many that have said that just garages or even nothing shoutd be built on this
site, but these arguments ate seriou3ly flawed because
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Nov-13-97 12;25P A Toast To Bread 612 778-8805 `�8 3 5 7
1, It is unrealistic to think that someone living in Minnesota woutdn't want a garage.
2, We don't own the Iand and Mr. Severson does. Therefore we aze not in a legal
porition to propose plans for his property. And I think our objcctions and questions
must be reasonabte and legal. l think it woutd be unconscionabie for anyone involved
in this debate to have designs on buyin� the land if Nfr. Severson can somehow be
forced to self at a cheap price.
3. Garages would still block the view of the park of both my apartment and the
apartment of Izurel FrosY. If anyone doubts this ihey should go to the 2" floor, rear
baicony at 436 Portland and try to look out over our gara�es. You can see the sky
and the top of some trees, but you couldn't see a park if there was one on the other
side.
4. To the best of my know4edge every good tooking garage buiit in our neighborhood in
the last scveral yeazs has dormers, windows, tall roofs and even fake doors for hay.
At aur condominium we even have a ti�ht and curtains in the gazages 2" story
window. It's as if someonc lives on the second floor of these garages or at lexst we'd
iike to create that illusion. So what woutd be so teiribty wrong if people actually
lived in some of these new structures. ARer all it doesn't takc up any extra land
space.
5. There is no assurance that someone eise would bulld someihing better than Mr.
Severson is proposing. Ail we need do is look around our neighborhood to know
that we aren't protected from 6ad design.
1 am one of those with serious doubts about the effectiveness of the Preservation
Commission. In fact I get angry and fi'ustrated with it. But aRer serious thought t must
come to its' defense. I don't think our neighborhood can make a habit of appeaIing the
decisions of the Preservat�on Commission. lt should only be done when it is clear that
the Preservation Commission has ignored its' own guideli�es. Irtstead we shoufd be
looking at ways to improve it. Therefore, to support this appeal is a very serious matter.
So seri�us that I worry about the future of the Commission. If we aren't careful, peopte
outside the Preservation movement are going to say "those preservationists on Ramsey
Hill can't be pleased. Do they have an endless capacity io fi�ht and a willin�ness to
destroy each other? Are these fights about important issues?" I would like to be able to
continue to say " We are a group ofgood neighbots that caze deeply about our historic
legacy but we are not unreasonable or mcan spirited."
m
9�3s 7
Nov-13-97 12:25P A Toast To Bread 612 778-8805 P.05
In this particular casc 1 think wc are ciose to the goint where everyone im•olved can
declace victory and feel some satisfaction that the system, even though it is flawed, can
aad does work.
Sincerely, �
�l ��,.�....
Mervyn Houglt
i�
98-3s7
Shaping the future of a historic neighborhood in Saint Pau!
400 Selby Avenue, Suite M, St Paul, MN 55102
November 18, 1997
Councilmember Jerry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota 55102
Dear Councilmember Blakey,
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At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requesting that the City Council uphold the a��eal of the Saint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the foilowing
reasons:
1) the proposed structure and existing gazage may exceed the maximum 30% pertnitted lot
coverage;
2) the necessary variances have not been detemuned nor applied for;
3) the proposed paved azea is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residential azeas;
4) the proposed front yard parking necessary to meet off-street parking requirements is
inappropriate.
5) the Portland Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Portland Avenue lot. At one time it served as the reaz yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concurred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yazd along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 Summit Avenue, even though the design may incorporate certain featutes from
the dwelling on Summit.
4} Section 73.06 (�(3) of the Saint Paul I.egislative Code (Heritage Preservation Section) states:
In tlie case of a proposed new building, that such building wili raot in itself, or by reason
of its Zocatian on the site, materially impair the architectural or historic value of
buildings on adjacent sites or i�a the immediate vicinity within the historic preservatioia
site.
�I
98-3s7
The proposed dwelling structure carries non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entitled "north elevation" (attached). These features include a main entrance facing Portland, a
porch typical of the residential strucmres in this neighborhood and appropriate azchitectural detail
for the front of a dwelling. This is contradictory to the portion of the Heritage Preservation
Ordinance raferenced above.
4) The proposed sideyazd pazking is expressly prohibited by the Saint Paul Zoning Code.
5) The proposed front yard pazking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the existing garage than the 18 feet required under the
Zoning Code.
F'inally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the property owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approvai by the Heritage Preservation
Commission was premature because the applicant does not have cleaz site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legaily be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance. the
A�sociation believed the Heritage Preservation Commicsion erred in its decision The applicant
should be encouraged to re-apply for HPC review when control of the site has been resolved,
appropriate variances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in onr neighborhood.
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M�ughlin, Presi e t
sey Hill Association
Cc: City Councilmembers
District 8 Planning Council
Ron Severson
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Council File
ORf GINA�
Presented By
Referred To
Green Sheet
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��
2 WHEREAS, Ronald Severson made application to the Heritaae Preservation
3 Commission (the commission) pursuant to Saint Paul Legislative Code Chapter 73 for a building
4 permit to conshuct a carriage-house-like structtue at 420 Portland Avenue within the Historic
5 Hill Heritage Preservation District; and
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WHEREAS, on February 27, 1997, the commission conducted a public hearing on the
proposal. After discussion, the matter was laid over and the project was again reviewed on
March 13, 1497, and finally approved on Mazch 27, 1997. However, the commission,
inadvertently, did not forxnally pass a resolution approving the project until January 8, 1998; and
WIIEREAS, on Apri18, 1997, Gregory Clark, Carol Clazk and Patricia Leonazd
appealed the Mazch 27, 1997, commission decision but elected to enter into negotiations with the
applicant in the hope that the applicant and the appellants might resolve their differences; and
WHEREAS, the negotiations between the parties failed to reach an acceptable
compromise and the appellants requested that their appeal be heard by the Saint Paul City
Council; and
WHEREAS, the commission in its Resolution No. 2884 granted approval of the building
permit based upon revised plans including only the east elevation marked 3G 1, and subject to
the condition that an appropriate crown molding be added above the transom windows in light of
the Historic Hill Heritage Preservation guidelines. In particular, based upon the evidence
presented at the March 27, 1997, public hearing, the commission made the following findings of
fact:
27 1. The proposed building site is a pivotal and difficult site. It is visible from
28 Suuunit Avenue, it abuts Portland Avenue and a public pazk, and there are
29 large buildings to the south and west that are close to the property lines.
30 This lot can be construed as both the reaz yazd of the Winter House at 415
31 Simunit Avenue and as a lot fronting on Portland Avenue. The proposed
32 carriage house concept (and "front yard" pazking adjacent to Portland) is a
33 reasonable approach to developing the parcel for the following reasons: a)
34 the site is used for, and needs to accommodate, off-street pazking for
35 residents of the Winter House; b) the pazcel has historically been a rear
36 yazd, it is used as a rear yard, and it appears as a reaz yazd due to its
37 relationship to the Winter House; c) there was historically a two-story
38 carriage house on the site; and d) it provides a design solution for a
39 building that is very close to the Winter House in proximity and that is
40 related to it in terms of form, materials, details, etc. The Winter House
-3s�
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' ORIGfN;�
2 uilt on a through-lot with Summit and Portland frontages; the recent
3 subdivision of the site changes neither the physical relationship of the
4 Winter House to sutrounding land nor the historical nature of the site.
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2. The proposed structure conforms to the district guidelines:
[%�I
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c.
It would "be compatible with the size, scale, massing, height,
rhytl�m, setback, color, material, building elements, site design,
and character of surrounding structures and the area."
The building elements, materials, scale, height, and character
would be related to, but do not mimic, the adjacent Winter House.
Individual design elements are integrated for a balanced and
complete design.
Though the side elevation would not be parailel to that of the
Winter House, the street-facing elevation would be perpendicular
to the street like those of other structures on this block of Portland.
d. The proposed setback from Portland is reasonable given the rear
yard nature of the site, and the carriage house nature of the
proposed building, the fact that the historic carriage house on the
site was located up to the north property line, and the fact that the
only other structure on the block face (the south side of Portland
between Western and Anmdel) is located closer to the street than
would be the proposed structure.
e. A front porch would not be appropriate given the carriage house
nature of the building.
£ Pazking spaces would be adequately screened from the street and
sidewalk by landscaping. Single gazage doors would avoid the
horizontai orientation of double doors.
The unusual nature of the building and site results from the rarity
of a through-lot. These sorts of anomalies in design and
development add richness, interest, and delight to the historic
district and its chazacter.
3. In addifion, the proposed structure and site development conform to the
federal Secretary of the Interior's guidelines for new construction on an
historic site. The proposed building's design and materials aze related to
and compatible with the primary, adjacent, lvstoric building, i.e., the
Winter House; the design distnaguishes between what is new and what is
historic rather than mimics the historic structure and confuses the two; and
the development would not have an adverse impact on the character-
defining features of the site and the area. The building's design is similaz
to the rear addition of the Winter House with simplified detailing, which is
appropriate for a new secondary shucture. A new buildina of unrelated
design and materiais would detract from the historic integrity of the site;
and
2
q�-3s7
OR1GiNAL
3 WI�EREAS, pursuant to the provisions of Saint Paul Legislative Code § 73.06(h), Tricia
4 Leonard, Crreg Clark, and Carol Clazk duly filed with the Council an appeal from the
5 determination made by the commission and requested that a hearing be held before the City
6 Council for the purpose of considering the actions taken by the said commission; and
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WHEREAS, acting pursuant to § 73.06, a public hearing was set on for January 28,
1998, but, at the request of appellants' attorney, the matter was postponed to Febniary 25, 1998;
and
WHEREAS, on February 25, 1998, a public hearing was duly conducted by the City
Council, where all interested parties were given an opportunity to be heard; and
WHEREAS, having heazd the statements made and having considered the application,
the report of staff, the record, minutes and resolution of the commission, the Council does
hereby;
RESOLVE, to deny the appeal of Patricia Leonard, Gregory Clazk and Carol Clark on
the basis that their has been no showing that the commission made any error in fact fmding or
procedure in this matter; and
BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution
to Patricia Leonazd, Crregory Clark and Carol Clark, the Zoning Administrator and the Heritage
Preservation Commission.
Reguested by Department of:
Adopted by Council: Date I�S ,��_
Adoption Certified by Council Se�$tary
BYc
Appxoved by Mayos: te �
By:
BY:
Fosm Approved by City Attorney
a .�'� ��� `•l— Z �' S�
Approved by Mayor for Submission to Council
By:
OFFICE OF T'I�, CITY ATTORNEY " J3 J �
PegBir75 CityAttorney
CITY OF S AINT PAUL
Norm Coleman, Mayor
CivilDivision
400 Ciry Hal[
I S Wes1 Keliogg Blvd.
Saira Pau1, Minnesot¢ 55102
Telephone: 612 266-8770
Facsimiie: 6I2 298-5619
Apri121, 1998
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Gregory Clark, Carol Clazk and Patricia Leonard
HPC Resolution No. 2884
February 25, 1998
Dear Ms. Anderson:
Attached please find a signed resolution memorializing the decision of the Saint Pau1 City
Council in the above-entitled matter. Would you please place this matter on the Council Consent
Agenda at your eazliest convenience.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
i�%Ge�l�l �!�✓�—
Peter W. Wazner
Assistant City Attorney
PWW/rmb
Enclosure
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Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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Saint Paul, Minnesota
City Council Agenda Item #46
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City Council Agenda Item #46
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420 Portland Avenue
Saint Paul, Minnesota
City Council Agenda Item #46
February 25, 1998
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Saint Paul, Minnesota
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Saint Paul, Minnesota
City Council Agenda Item #46
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S. MARK VAUGHT
Attornev At Law
Suire 700
Six West Fifrh Saett
Saint Paui, Minnesoa 5402-1420
j612)297-6M100
FAX (612) 224-8328
February 23, 1998
Councilmember Jim Reiter
320-A City Hall
15 West Kellogg Boulevard
Saint Pau1, Minnesota 55102
��-'� S`
RE: Appeal by Greg and Carol Clark and Patricia Leonard of the
Heritage Preservation Commissian decision regarding 420
Portland Avenue; City Covncil meeting of February 25, 1998;
Agenda Item #46
Dear Councilmember Reiter:
i represent the:appellant's in.the,ahave-referenced matter who
bring-the appeal because-they are._aggrieved by a decision of the
Heritage Preservation Commission ori�inally made on.March 27, 1997,
but.not formalized by,written resolution until January 8, 1498. My
clients all have ownership interests in Nathan House and Mews, a
Condominium Association, located at 415 Summit Avenue, immediately
abutting the subject property. Each has legally enforceable
pedestrian and parking easements over and to the subject property
at 420 Portland which are discussed in greater detail below.
The purpose of this letter is to.summarize the numerous
reasons for my client's appeal. Some of those reasons are
presented in my letter of March 13, 1997 to the Heritage
Preservation Commission. Your attention is also drawn to two
letters to Councilmember Blakey from Judy McLaughlin, President of
the Ramsey Hill Association, dated March 14, 1997 and November 18,
1997, respectively. All three communications are in the
informational packet for your meeting, I believe. The November 18,
1997 2etter indicates concurrence by the Ramsey Hill Association,
with the appeal oE my clients as result of a neighborhood issues
meeting about the project held on November 13, 1997, and it is
particularly persuasive about the reasons there£ore. I commend its
thoughtfulness and reasoning to you.
This appeal is brought for many reasons. In no particular
order, nor necessarily in order of imgortance, they may be
summarized as follows:"
1. The proposal approved by the Heritage Preservation
���
�0 - � 51 �
Saint Paul City Cauncil
February 23, 1998
Page Two _
Commission (HPC) in March, 1997, was £or a carriage house which was
thirty six (36) feet in width. Much of the material be£ore you
contains diagrams proposing a width o£ forty (40) £eet. The
di£ference is not immaterial. The applicant, Ronald Severson,
currently has an application £or a number o£ variances pending
before the Board of Zoning Appeals (BZA) for the proposed project.
That proposal, never approved by the HPC, ca11s for a width o£
Porty (40) feet. The BZA application also requests relief from
yard setback requirements and from parking stall size and location
requirements. Without BZA approval, HPC approval is irrelevant.
Further, the proposal be£ore the BZA is not the same proposal
previously presented and approved by the HPC. Even if Mr. Severson
secures BZA approval of his variances, it seems likely that
reapproval by the HPC o£ the "altered" design will be necessary.
For those reasons the Council should grant the appeal and remand
the matter to the HPC for consideration by both the BZA and the HPC
of a common design.
2. The orientation o£ the proposed carriage house building
makes it clear that the parking for the property (that which is
required for the parcel itself and that-which is guaranteed to my
clients because they hold parking and pedestrian easements over the
subject parcel) is either £ront yard garking or side yard parking,
or both. In either case, given the requirements of city ordinances
and the zoning code, the proposed parking is tot'ally inappropriate
and completely out of char.acter with the immediatelv surrounding
properties.
3. The orientation of the proposed carriage house on the lot
means that the side of the building will face the front o£ the lot.
This orientation is not dissimilar to that of a home placed on a
lot on Ashland Avenue several years ago, which was deemed to be
inappropriate and which was ordered removed by the City. The fact
that the side of the proposed building would face the front o£ the
lot means that the structure, if built, would be totally out of
character with any building or either side o£ Portland Avenue on
the £ull block and £or that reason alone, ought not to be allowed.
4. The small size o£ the lot in question in terms of square
footage and the necessity, because of existing easements to
guarantee both pedestrian and parking access across the lot to
residents of 415 Summit Avenue, would require some unusual and in
the main, unacceptable, £eatures. First, th�e "front" of the
carriage house would face and would be, at its closest point, less
than £ive (5) £eet £rom Nathan Hale Park, a neighborhood treasure
the enjoyment of which would be materially negatively aEfected by
the construction. Second, the carriage house, again at its closest
point, would be approximately eight (8) £eet from the structure in
which my clients' condominium units are located. Third, the
��,�5��
Saint Paul City Council
February 23, 1998 ,
Page Three � , ,
carriage house structure would be a mere fdur.(4) feet from an
enclosed exterior staircase to the basement oE the condominium
property at 415 Summit Avenue. The impac of this proximity upon
the £unctioning oP the cellar door which must be swung up and out
� to access the down staircase is obvious. The mass•and placement of
, the Carriage house structure on the lot is unacceptable and
presents a clear negative impact on my clients' adjoining property.
5. The footprint o£ the proposed building and the existing
two car garage (which because the applicant has £ailed to provide
proper paving on the lot is unusable? on the lot arguably exceed
the percentage coverage requirements of the local ordinances £or
the zoning lot in question.
6. The argument implicit in the HPC sta£f report and
£indings that 420 Portland and any proposed structure thereon
should be seen as "accessory" to the building at 415 Summit is
disingenuous and plainly not true. Though the two properties are
historically part o£ the same zoning lot, two distinctions are
- relevant. First, the portion of the prior zoning,Tot now known as,
420 Portland never contained an accessory buil'ding o£ the size or
residential character of the proposed carriage house/garage. At
most,' a small out building was at one time located on the 420
Portland portian of the lot. Second, the properties are now
separate and distinct zoning lots, without common ownershig, as a
result o£ the 1990 lot split and bear no more or less relationship
to each other, in terms of allowed uses, than any two other
adjacent properties anywhere in the city.
7. The necessity, because of the parking easements held by
my- clients and other owners of property at 415 Summit, Eor
providing at least nine o£f street parking places on the subject
parcel would require, if indeed it is even possible, such a
torturing o£ the zoning code parking requirements as to call into
serious question both the desirability and feasibility of the
entire project. And, jamming all of that parking and a carriage
house onto the lot would negatively impact other neqessary
functions such as winter snow removal and storage and trash
retrieval which would of necessity need to be performed at a much
heightened level i£ a residential struCture were shoehorned onto
this lot. -
$. As indicated in my letter to the HPC of March 13, 1997,
the applicant, Mr. Severson, does not have complete site control of
the parcel. In other words, his proposal is premature. My clients
have a blanket easement £or pedestrian access o�zer the entire 420
Portland property flowing from the Condominium Declaration which is
recorded in the Office of Ramsey County Recorder. At the time of
the recording the two parcels were a single zoning lot and Mr.
o��,�S�
Saint Paul City Council
February 23, 1998
Page Four
Severson took the property through purchase subject to the
easements. While the recorded document allows delineation of the
pedestrian easement, as o� this date, Mr. Severson has not chosen
to'do so and unless and until he does and unless and until that
delineation survives whatever searching inquiry or challenge to
which my clients may wish to subject it,._Mr. Severson has no more
right to build on the propert� than he does in the middle of a
public street or park. Additionally, each condominium unit at 415
Summit, of which there_are four, by virtue of the same recorded
doaument, has an easement right to two parking spaces on the
property at 420 Portland. These eight spaces are in addition to
the off street parking requirements for the lot as a result o£ Mr.
Severson proposed construction. On in£ormation and belie£, none o£
the unit owners has waived the requirements: Therefore, given that
the applican cannot force any of the easement holders to accept
and pay for parking in the proposed carriage house garage spaces,
the parcel does not contain su££icient room to provide the parking
spaces required by the easement and room to build the proposed
carriage house also. Apparently; the HPC was advised by its staf£
no'only that it need not consider the site control arguments, but
that it could not. O£ course, that isn't true. Why would the city-
waste its. staff time and resources considering a project which
because of the easement and variance requirements isn't even
presently possible. At a minimum, the appeal ought to be granCed
and the matter sent back to the HPC for further consideration when
and if the variance and site control issues are resolved.
Both my clients and I will be present at the public hearing to
ansvrer any questions you might have.
Ve tr yo ss,
�
S. Mark Vaug t
Attorney at Law
cc Jan Karan
-r �
Louis C. Sudheimer
439 Portland Avenue
Saint Paul, Minnesota 55102
Councilman Blakey
Saint Paul City Council
City Hall
44 W. Kellogg Bivd.
Saint Paul, MN 5102
Re: The 5everson's Carriage House Proposal & the FIIPC Appeal
Dear Councilman Blakey:
��"�
February 25th, 1998
Attached are photostatic copies of a hastily assembled four page petition contauiing the signatures
of 39 neighbors, neazly all of whom live within one block of, and literally surrounding the Nathan
Hale park and this Carriage House site.
7erry, As you can see, this is a very important issue to many Ramsey Hill Residents.
Many of us feel that, on this issae, the Ramsey Hill Association's leadership has made a serious
error, and does NOT represent us, or many other neighbors, on their very ill-advised decision to
support the appeal of a properly made HPC decision.
It is very important that what is constructed on this highly visibie site, right next to a lovely public
park and visible to passers-by and tourists from Summit Avenue, our Ciry's Cadillac thoroughfare,
be historically appropriate and aesthetically pleasing. Both of the two designs that have been
approved by the HPC for this site are excellent solutions, either would be a wonderful
enhancement of our City and the neighborhood.
However, a very small group (only 5 condo owners) of vocai and well-connected opponents are
against � HPC approved proposals. In addifion, ss far as I've been able to determine, the
oppanents have no alternative solutions or proposals for this important site that are acceptable w
them, their apparent go:il is for nothine to be built This is not a fair posifion of opposition, private
land rights are involved here.
In addition, the Ramsey F3ill Associazion Leadership's decision to support an Appeal to overturn a
valid and carefully considered decision by the HPC is misguided and even worst, it smacks of
"insider" influence and favors, as two of the five most acfive opponents are RHA Board members.
We urge you to postpone any decision on this matter, unless you wish to deny the appeal for it's
obvious lack of ineri� In either event, postponement or denial, we also urge you to assemble a
delegarion of both opponents and supporters to attempt to craft an acceptable compromise before
this matter comes up to you again through an apgeal of the ZAB grocess.
Jerry, this issue is symptomatic of a larger set of historic district issues and City wide issues.
Sincerely,
Louis C. Sudheuner
on behalf of well over 50 Ramsey Hill nnmediate Neighbors
648-7718
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February 8, 1998
We, the undersigned, want the St. Paul City Council to support the St. Paui
Heritage Preservations ��nan;t approval of the carriage house proposal at 420 Portland
Ave. because:
i) Tlus is clearly a backyard. An au�liary structure (carriage house) is the onty
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected af a
builder.
A. He has attained approval of the Preservarion Commission after long
consultation with them.
B. Iie has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The catriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new garage on Summit Court.
4) This design will be a handsome addition to the perixueter of Nathan Hale Park.
5) It is important to the long term viability of the Preservation Commission.
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February 8, 1998
i
We, the undersigned, want the St. Paul City Council to support the St. Paul
Heritage Preservations i,nan;mo� approval of the carriage house proposal at 420 Portland
Ave. because:
1) This is clearly a backyazd. An auxiliary structure (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservation Commission aRer long
consultation with them.
B. Ha has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands.
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifui new garage on Summit Court.
4) This design will be a handsome addition to the perimeter of Nathan Ha1e Park.
5) is ' ortant to the long t viabili of the Preservation Commission.
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February 8, 1998
We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preservations unan;mous approval of the carriage house proposat at 420 Portland
Ave. hecause:
1) This is clearly a backyazd. An auxiliary stzuchue (carriage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are nornially expected of a
buiider.
A. He has attained approval ofthe Preservation Commission after long
consultation with them.
B. He has attempted to negoriate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors are now making unreasonable demands,
3) The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautiful new gazage on Summit Court.
4) This design will be a handsome addition to the perimeter ofNathan T3ale Park.
5) It is important to the long term viability of the Preservarion Commission.
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February 8, 1998
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We, the undersigned, want the St. Paul City CouncIl to support the St. Paul
Heritage Preseroations unanimous approvai of the carriage house proposal at 420 Portiand
Ave. because:
1) This is clearly a backyard. An auxiliary structure (casiage house) is the only
logical and appropriate design for this lot.
2) Mr. Severson has gone through all the steps that are normally expected of a
builder.
A He has attained approval of the Preservarion Commission after long
consultataon with them.
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5)
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B. He has attempted to negotiate with his immediate neighbors and has
made several concessions to them. We believe that some of his
neighbors aze now making unreasonable demands.
The carriage house design Mr. Severson has proposed is a very good one. We
believe it is as good as the beautifixl new garage on Summit CourC.
Thia design will be a handsome addition to the �rimeter of Nathan Hale Park.
Tt is important to the Iong term viability of the Preservation Commission.
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400 Selby Avenue, Suite M, St. Paul, MN 55102
November 18, 1997
Councilmember 7erry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota SS1Q2
Dear Councilmember Blakey,
°� � " �S'�
the future ot a historic neighborhood in Saint Pau)
At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requestittg that the City Council uphold the aggeal af the 5aint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the following
reasons:
1) the proposed structure and existing garage may exceed the maximum 30% pernutted lot
coverage;
2) the necessary vaziances have not been deternuned nor applied for;
3) the proposed paved area is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residentiai azeas;
4) the proposed front yard parking necessary to meet off-street pazking requirements is
inappropriate.
° 5) the Portiand Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Porfland Avenue lot. At one time it served as the rear yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concutred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yard along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 5ummit Avenue, even though the design may incoiporate certain features from
the dwelling on Summit.
4) Section 73.06 (n(3) of the Saint Paul Legislative Code (Heritage Preservation Section) states:
In the case of a proposed new building, that such building will not in itself, or by reason
of its loeation on the szte, materially impair the architectural or hiszoric value of
buildings wz adjacerct sztes or in the immediate vicinity within tlze historic preservatiore
site.
��� - �s `1
The proposed dwelling structure cames non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entiUed "north elevation" (attached). These features inciude a main entrance facing Portland, a
porch typical of the residential struetures in this neighborhood and appropriate architectural detail
for the front of a dwelling. TFus is contradictory to the portion of the Heritage Preservation
Ordinance referenced above.
4) The proposed sideyard parking is expressly prohibited by the Saint Paul Zoning Code.
5) The pzoposed front yard patking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the e�sting garage than the 18 feet required under the
Zoning Code.
Finally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the properiy owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approval by the Aeritage Preservation
Commission was premature because the applicant does not have clear site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legally be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance the
Association believed the Heritage Preservation Commission erred in its decision. The applicant
should be encouraged to re-apply for HI'C review when control of the site has been resolved,
appropriate vaziances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in our neighborhood.
/
�� ��� �
McJ�aughlin, Presi t
sey Hill Association
Ca City Councilmembers
District 8 Planning Council
Ron Severson
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OFFICE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
RobertKessler, Director
CITY OF SAINT PAUL
Nornr Coleman, Mayor
LOWRYPROFESSIONAL BUIGD7NG
Saite 300
350 St Peter Sveet
Saint Paul, Mirmesola SS701-ISIO
23 January 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hail
Saint Paul, Minnesot� 55102
Deaz Ms_ Anderson:
�t� .:� ��.j.
y�,
Tekphone: 611-266-9090
Focsimile: 672-266-9099
The City Council is scheduled to conduct a public hearing on January 28, 1998 concerning an appeal
of a decision by the Heritage Preservation Commission (agenda item #27). The appellants' attorney,
Mark Vaught, has requested that the hearing be postponed as one of the appellants will be out of
town. I would like to request that the appeal hearing be postponed to February 25, 1998. I have
confirmed this new date with all parties involved.
The case information is as follows
Appel]ants: Tricia Leonard, Greg and Cazol Clark
FII'C File: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant
approval of a building permit to consiruct a structure with one
dwelling unit and four gazage stalls (proposed by Ronald Severson).
Address: 420 Portiand Avenue (south side between Summit and Arundel)
Thank you for your assistance.
Sincerely,
J f ��`i°yL ��" `�""��
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP Director
Charles Skrief, HPC Chair
Dauid Heide, HI'C Vice Chair
Peter Warner, CAO
John Miller
Ron Severson
Mazk Vaught
QFFICE OF LICENSE, INSPECTIONS AND
ENVIRON2d�T1'CAL PBOTECTION
Raben Kessler, Director
CITY OF SAINT PAUL
Norm Colemmt, Mayar
5 7anuary 1998
Ms. Nancy Anderson
Assistant Secretary to the Clty Council
310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
7AWRYPROFESSIONAL BUILDING
Suite 300
350 St Peter Street
Saint Paul, .LI'mnesota SSIO2-I510
98 �57
2/
Telephone: 612-2669090
Facrimi[e: 61 L266-9099
I would like to request that a public heazing before the City Counci] be scheduled for Wednesday,
January 28, 1998 for the following appea] of a Heritage Preservation Commission decision:
Appellants: Tricia Leonard, Greg and Caroi Clazk
HPC Fi1e: #2884
Purpose: Appeal a Heritage Preservation Commission decision to grant approval of a
building permit to construct a structure with one dwelling unit and fow garage
stalls(proposed by Ronaid Severson).
Address: 420 Portland Avenue (south side between Summit and Arunde])
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0
on March 27, 1997 to approve the requested permit.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
have any questions.
Sincerely,
�'�'�. �����
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Charles Skrief, HPC Vice Chair
Peter Wamer, CAO
John Miller
Ron Severson
Mazk Vaught
l� i:^ a._ . �.. i .�_..,.
:■
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y8- 35'7
From: Aaron Rubenstein
To: CCOUnci1.COUNCIL.nancya, CCOUnci1.COUNC2L.marye
Date: 12/2/97 11:21am
Subject: 420 Portland
I sent a letter to Nancy (dated 11 J.971 requesting a public hearing on December 10
for an appeal o£ the HPC approval of a new carriage house at 420 Portland Avenue.
Please remove this item Erom the December lOth agenda. I am working on rescheduling
the appeal £or December 22 or January 28 (because the HPC needs to act on a formal
resolution on the matter on December 11).
CC: CCouncil.COUNCIL.jerryb, CCouncil.COUNCIL.gerrym, ...
OFFICE OF LICENSE, INSPECTTONS AND
ENVIRONMENTAL PROTECTION
Robert Xessler, Director
CITY OF SAINT PAUL
Nonrs Caleman, M¢yor
7 November 1997
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Anderson:
LOWRYPROFES.SIONAL BUILDA'G
Suite 300
350 S� Peter Street
Saint Paul, Minrseso[a 55102-I510
98-�5�
Zelephorse: 612-266-4090
Facsimile: 612-266-9099
I would like to request that a public heazing before the CiTy Council be scheduled for Wednesday,
December 10, 1997 for the following appeal of a Heritage Preservation Commission decision:
Appellant:
HPC File:
Pwpose:
Address:
S-i�� �ricia Leo.�cvd� Cr��s c.v.� ltcrol L�nu�- .5K
#2884
Appeal a Heritage Preservation Comm3ssion decision to grant approval of a
building permit to conshuct a two-story carriage house with one dwelling unit
and four gazage stalls (proposed by Ronald Severson).
420 Portland Avenue (south side between Summit and Mackubin)
The Heritage Preservation Commission held several public hearings on this matter and voted 11 - 0 to
approve the requested permit on Mazch 27, 1997.
This City Council public hearing does not require published notice. Please call me at 266-9087 if you
ha�e any questions.
Sancerely,
�
)l f
��"" �� �,,, U '� �"�
Aaron Rubenstein
Preservation Planner
cc: Robert Kessler, LIEP
Tracey Baker, HPC Chair
Peter Warner, CAO
Ron Severson
John Miller
Mark Vaught
OFfICE OF LICENSE, MSPECTIONS AND
EIdVIRONMEN'IAL PROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Norm Coleman, MQyor
LCJWRYPROFESSIONAL BUfLDING
Suite 300
350 St. Pe[er Street
Saint Paul, Minnesota 55101-I510
18 February 1998
Ms. Nancy Anderson
Assistant Secretary to the City Council
310 City Hall
Saint Paul, Minnesota SS 1Q2
98" 3 5?
Telephone: 612-266-9690
F¢csimile: 672-266-9099
RE: HPC File #2884: Gregory Clark, Cazol Clark, and Patricia Leonard, appellants
City Council Hearing: 25 February 1998
PURPOSE: To consider an appeal of the Heritage Preservation Commission's approval of a building
permit application to construct a new sttucture containing one dwelling unit and four garage stalls at
420 Portland Avenue.
HERITAGE PRESERVATION COMMISSION A TION• Approval.
STAFF RECOMMENDATION Approval.
PUBLIC TESTIMONl': Four people spoke; three of them expressed concems about the project.
Dear Ms. Anderson:
Gregory Clark, Carol Clazk, and Patricia Leonard, a11 residents of 415 Summit Avenue, have appealed
the decision of the Heritage Preservation Commission (HPC) to approve Ronald Severson's plans to
construct a new structure at 420 Portland Avenue, which is directly behind 415 Summit Avenue.
Mr. Severson's proposa] was reviewed and discussed by the HPC at five meetings. The commission
intially held a concept review of the project in July of 1995. A second, informa] concept review
occurred in November of 1996. The commission held a public heazing on the proposal on
February 27, 1997, at which four members of the public spoke; after some discussion, the HPC laid
over the matter. The project was again reviewed at the Mazch 13, ] 997 HPC Design Review
Committee meeting and was fmally approved, by an 11-0 vote, at the Mazch 27, 1997 HPC meeting.
The design of the proposed project evolved as a result of each of these meetings (as numerous
attached plans for the building show). The commission, inadvertently, did not formally pass a
resolution approving the proposed project until January 8, 1998 (10-0 vote).
The commission's approval of Mr. Severson's pro,ject was appealed by the above-named parties in
April of 1997. A heazing on the appeal was held in abeyance pending negotiations among concemed
parties (this process was approved by the City Attorney's office)_ Those negotiations appazently were
not entirely successful and the appellants have asked for the appeal to go forward.
The April 8, 1997 letter of appeal from Mark Vaught, the appellants' attomey, identifies four general
q8-35?
Ms. Nancy Anderson
Re: HPC Appeal / 420 Portland Avenue
18 February ] 998
Page Two
grounds for the appeal. The first states that the application, or project, does not conform to the
requirements of Chapters 73 and 74 of the Legislative Code; specifics aze not given. Chapter 73 is
the ordinance establishling the HPC and its processes, etc. Chapter 74 contains the ordinances
establishing historic districts and sites, including the desigi review guidelines for the Historic Hili
Disuict in which the subject site is ]ocated. The second and fourth gounds cited in the letter of
appeal relate to zoning code requirements and pazking and pedestrian easements; these issues aze not
within the jurisdiction of the HPC. T'he third issue cited, front yard parking, is addressed in the
HPC's resolution.
This appeal is scheduled to be heazd by the City Council on February 25, 1998. Slides of the site will
be available at the Council meeting if Councilmembers wish to view them. I have attached the
documentation reviewed by the HPC in making its decision. The first group of documents aze those
most important to understanding the current situation--a location map, a site plan and elevations of
the proposed building, the HPC's resolution, the appeal letter, and two follow-up letters. The
remaining documents are those reviewed by the commission at the six meetings mentioned above.
Very truly yours,
��-�,� /U�C��,V��y�J
Aazon Rubenstein
Heritage Preservation Planner
Attachments
cc: City Councilmembers
Robert Kessler, LIEP
Peter Wamer, CAO
Mark Vaught
Ronald Severson
John Miller
Charles Skrief, HPC Chair
David Heide, HPC Vice Chair
98-3s �
420 PORTLAND APPEAL: TABLE OF CONTENTS
4
5-12
13-15
16-17
18-19
20-21
22-28
29-52
53-54
55-78
79-81
82-86
87-102
I. Introduction
Area map
Plans approved by HPC 3.27.97
HPC resolution granting approval (1.8.98)
Letter of appeal (4.8.97)
Foliow-up letters conceming appeal
II. Information reviewed b��C (in chronological order�
Plans--1995 proposal
11.6.96 informal concept review meeting--summary and plans
Staffreport and attachments for 2.27.97 HI'C review
2.27.97 HPC summary
Materials conceming 3.13.97 HPC Design Review Committee review--cover memo, plans,
1903 Sanbom map, Secretary of the Interior's standazds and guidelines, summary, letter
from Mazk Vaught
John Miller's 3.21.97 response to Mr. Vaught
New information concerning HPC review on 3.2799--cover memo, summary, letter to
Councilmember Blakey from Ramsey Hill Association
Additional information reviewed by HPG-11.1 ].97 letter to Judy McLaughlin from Mervyn
Hough; 11.18.97 letter to Councilmember Blakey from Ramsey Hill Association;
1989 plans for carriage house on same site, approved by HPC, and 1992 revisions
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98 -35 7
CITY OF SAINT PAUL
HERITAGE PRESERVATION CONIlVIISSION RESOLUTION
FILE NUMBER 2asa
DATE 8 January 1998
WHEREAS, the Saint Paul Heritage Preservation Commission is authorized by Chapter 73 of the Saint
Paul Legislative Code to review building permit applications for exterior alterations, new construction or
demolition on or within designated Heritage Preservarion Sites or Heritage Preservation Districts; and
WHEREAS, Ronald Severson has applied for a building permit to construct a carriage-house-]ike
structure at 420 Portland Avenue within the Historic Hill Heritage Preservation District; and
WHEREAS, the proposed building site is currently used for off-street pazking by residents of 415
Summit Avenue; there is a two-stall gazage and unpaved driveway and pazking azeas; and
WI3EREA5, the Historic Hill District Heritage Preservation District guidelines for design review
include the following:
III. New Consbuction, A. General Principles: The basic principle for new construction in the Historic
Hi11 District is to maintain the district's scale and quality of design. ...New construction should be
compatible with the size, scale, massing, height, rhythm, setbacl� color, material, building elements, site
design, and character ojsurrounding structures and the area.
III. B. Massing and Height: New construction should conform to the massing, volume, height and scale
of existing adjacent structures. Typical residential structures in the Historic Hill District are 25 to 40
feer high The height of new construction should be no lower than the average height of all buildings on
both block faces; measurements should be made from street level to the highest point ojthe roofs.
Ill. D. Materiats and Details: ...The materials and details of new construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate and
tite; asphalt shingles which match the approximate color and texture of the preferred materials are
acceptable subsiitutes. ...Materials, including their colors, will be reviewed to determine their
appropriate use in retation to rhe overall design of the structure as well as to surrounding structures.
777. E. Building Etements: Individual elements of a building should be integrated into its composiJion for
a balanced and complete design. These elements for new construction should compliment existing
adjacent structures as well.
I77. E. 1. Roofs: ... The skytine or profile of new construction should relate to the predominant roof shape
of existing adjacent buildings.
771. E. 2. YVindows and Doors: The proportion, size, rlrythm and detailing of windows and doors in new
construction should be compatible with that of existing adjacent buildings. ...Facade openings of the
same general size as those in adjacent buildings are encouraged. ...Wooden double-hung windows are
traditional in the Historic Hitl District and should be the first choice when selecting new windows.
III. E. 3, Porches and Decks: In general, houses in the Historic Hilt District have raofed front
��
98-35 7
Heritage Preservation Commission Resolution: File #2884
Page Two
porches.... If a porch is not built, the transition from private to public space should be articulated with
some other suitable desigrr element.
III. F. Site, 1. Setback: New buildings should be sited at a distance not more thwz S% out-of-line from
the setback of existing adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. This happens quite often in the
Historic Hil] area and can lend detightful variation to the street.
III. F. 3. Garages and Pmking: Where alleys do not exist, garages facing the smeet or driveway curb
cats may be acceptable. Garage doors should not face the street. If this is found necessary, single
garage doors should be used ro avoid the horizontal orientation of rivo-cm gmage doors.
Parking spaces should not be located in front yards. Resideniial parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from Yhe streei and sidewalk by
landscaping, and
WHEREAS, the Saint Paul Heritage Preservation Commission, based upon evidence presented at its
Mazch 27, 1997 public hearing on said permit application, made the following findings of fact:
1. The proposed building site is a pivotal and difficult site. It is visible from Summit Avenue, it abuts
Portland Avenue and a public park, and there aze lazge buildings to the south and west that are close
to the property lines. This lot can be construed as both the reaz yazd of the Winter House at 415
Summit Avenue and as a lot fronting on Portland Avenue. The proposed carriage house concept
(and "front yazd" parking adjacent to Portland) is a reasonable approach to developing the parcel for
the following reasons: a) the site is used for, and needs to accommodate, off-street parking for
residents of the WinYer House; b) the parcel has historically been a rear yazd, it is used as a rear
yazd, and it appears as a reaz yard due to its relationship to the Winter House; c) there was
historically a two-story carriage house on the site; and d) it provides a design solution for a building
that is very close to the Winter House in proximity and that is related to it in terms of form,
materials, details, etc. The W inter House was built on a through-lot with Summit and Portland
frontages; the recent subdivision of the site changes neither the physical relationship of the Winter
House to surrounding land nor the historical nature of the site.
2. The proposed structure conforms to the district guidelines:
a. It would "be compatible with the size, scale, massing, height, rhythm, setback, co]or, material,
building elements, site design, and character of surrounding structures and the azea."
b. The building elements, materials, scale, height, and character would be related to, hut do not
mimic, the adjacent Winter House. Individual design elements are integrated for a balanced and
complete design.
c. Though the side elevation would not be parallel to that of ttie Winter House, the street-facing
elevation would be perpendicular to the street like those of other structures on this block of
Portland.
d. The proposed setback from Portland is reasonable given the rear yard nature of the site, the
�T
q8-357
Heritage Preservation Commission Resolution: File #2884
Page Three
carriage house nature of the proposed building, the fact that the historic carriage house on the site
was located up to the north property line, and the fact that the only other structure on the block
face (the south side of Portland between Western and Arundel) is located closer to the street than
would be the proposed strucrure.
e. A front porch would not be appropriate given the carriage house nariue of the building.
f. Pazking spaces would be adequately screened from the street and sidewalk by landscaping.
Single garage doors would avoid the horizontal orientation of doubie doors.
The unusual nature of the building and site results from the rarity of a through-lot. These sorts of
anomalies in design and deve]opment add richness, interest, and delight to the historic district and
its chazacter.
3. In addition, the proposed structure and site development conform to the federal Secretary of the
Interior's guidelines for new construction on an historic site. The proposed building's design and
materials aze related to and compatible with the primary, adjacent, historic building, i.e., the Winter
House; the design distinguishes between what is new and what is historic rather than mimics the
historic structure and confuses the rivo; and the development would not have an adverse impact on
the character-defining features of the site and the azea. The building's design is similar to the rear
addition of the Winter House with simplified detailing, which is appropriate for a new secondary
siructure. A new bnilding of unrelated design and materials would detract from the historic
integrity of the site; and
WAEREAS, though there are, or may be, zoning issues, legal issues, and other issues pertaining to the
proposed development, they aze not within the jurisdiction of the Heritage Preservation Commission; the
commission must grant or deny approval of permits based on Chapter 73 of the Saint Paul Legislative
Code and the district design review guidelines;
NOW, THEREFORE, BE IT RESOLVED, that based on the above findings, the Heritage Preservation
Commission grants approval of a building permit for the proposed structure, based on the revised plans
including only the east elevation mazked 3C-1, and subject to the condition that an appropriate crown
molding be added above the transom windows.
MOVED BY Baker
SECONDED BY Aauser
IN FAVOR 10
AGAINST 0
ABSTAIN 0
Decisions of the Heritage Preservatios Commission are final, subject to appeal to the City Council within 14
days by anyone affected by the decision. This resolution does not obviate the need for meeting applicable
building and zaning aode requiremenCs, and does not constitute approval for tax credits.
15
9�-357
S. Maxx Vau�Frr
anorneyAr Law
Suiu 700
Su Wesc Fifrh Saett
Saint Paul, Minneson 55102
(612)297-6400
FAX (612) 224-8328
April 8, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 3�0
Saint Paul, Minnesota 55102
RE:
File #2884
Dear Mr. Rubenstein:
On behalf oE my clients Gregory Clark, Carol Clark and
Patricia Leonard, all residents o£ 415 Summit Avenue, Saint Yaul,
Minnesota 55102; and Laurel Frost and Mervyn Hough, residents of
73fi Portland Avenue, Saint Paul, Minnesota 55102; each of whom is
an aggrieved party as that term is used in Saint Paul Legislative
Code, Chapter 73.06(h), please consider this letter as the appeal
of the aggrieved parties to the City Council, pursuant to the cited
section, of the approval of the above-entitled matter by the
Heritage Pzeservation on April 27, 1997.
The grounds for the appeal are generally as £ollows:
l. The application as approved fails to meet the
requirements of Chapter 73 and 74 of the Saint Paul Legislative
Code relating to design and other functions regulated by the cited
chapters;
2. Specifically, the application fails to comply with the
Saint Paul Zoning Code requirements with respect to outside storage
of trash, snow removal and storage, property line setbacks,
provision of the proper number and spacing of parking places on the
property, and trafPic circulation;
3. The application contains provisions for a front yard
parking lot in violation of the provisions of the Saint Paul
Legislative Code;
4. The application violates certain pedestrian and parking
easements which attach to the property.
My clients have agreed with Mr. Severson to engage in
negotiation with respect to the application. All parties have
�� � �
q8-357
Aaron Rubenstein
April 8, 1997
Page Two
agreed to maintain the status quo so long as the negotiations are
proceeding. Therefore, though the agreement of the parties calls
for my clients to perfect this appeal, they ask that no action be
taken to schedule a hearing thereon until such time as the
negotiations are abandoned as fruitless. In the event that
happens, written noti£ication will be provided to your office.
I assume this document is sufficient to perfect the appeal
under the cited code provision. If I incorrect, please noti£y me
immediately.
Please direct a11 neces'sarv written communications and notices
regarding this appeal to my o£fice.
Very truly yours,
��C� �� � ��:�,�
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S. Mark Vaugfit
Attorney at Law
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98�35 ?
Warren E Pemrson
Ierome P Filla
DaniellV�ll Fram
Glenn A Besgman
Iohn M¢hael Mdler
Michael T Obede
Kenne[hA Amdahf
Steven H Bmns'
PaullV Fahning
Timothy P Russell
Es[herE McGinnis
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50 East Flhh Street
5[ Paul, MN 55101-I 1�7
1612129I-R��;
Ibt?4 2?A-1753 facsimde
Aieh'in ) Silvec O( Coun<el
Direct Dial ►290-6909
October 7, 1997
S. Mark Vaught, Esq.
6 West Fifth Street, Suite 700
St. Paul, MN 55102
BY FACSIMILE
aHn u.s. �=v
RE: Purahase of Property Adjacent to Nathan House & Mews
Condominium
Our File No.: 11127f950001
Dear Mr. Vaught:
I met recently with Ron Severson regarding development of the
property to the north of 415 Summit Avenue. Mr. Severson and some
of your clients have evidently met a couple of times in order to
discuss the situation and try to reach some mutually satisfactory
arrangement. According to the information which I have received
from Mr. Severson, it appears that at least some of your clients
are taking the position that they will not agree to the building of
any residential structure on that property under any conditions.
If, in fact, that is their posi�ion, there seems to be little use
in continued discussions or engaging the services of a mediator.
(Please see Paragraph 4 of my letter of March 28, 1997 and your
notes of our phone conversation of that same date.)
Accordingly, please consider this letter Mr. Severson's notice to
you pursuant to your letter of March 27, 1997, that the
negotiations appear fruitless and that Mr. Severson will take the
appropriate steps in two weeks in order to obtain the appropriate
approval.s trom the City to comnlete the project.
In the meantime, of course, Mr. Severson and I would certainly be
willing to continue meaningful discussions if you or your clients
are interested in doing so.
Thank you.
JMM:cnd
cc: Ron 5everson
iller
Celebrating
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98-35?
S. MARK YAUGHT
A tt o rn ey At Lau�
Suite700 `"- '��!
Ci r;i;'�' �^
Six Wut Fifth Stteet '- � - � = � ,
Sainc Paul, Minnesota SS 1Q2-1420
(612) 297-6400 97 C'r � I w!!; i i� I I
FAX (612) 224-8328
October 10, 1997
Aaron Rubenstein
LIEP
350 Saint Peter Street
Suite 300
Saint Paul, Minnesota 55102
RE: Anolication of Ronald Severson to Construct a Cazriaa
House at 42Q Portland Avenue; Heritage Preservation
�OG1Yi[iSaiGi1 :7.ie :i0. l.
Dear Mr. Rubenstein:
By letter dated April 8, 1997, a copy of which is enclosed, a
number of my clients, who were affected parties, appealed the
decision o£ March 27, 1997 by the Commission in the above-
referenced matter. My letter to you of April 8, 1997, mistakenly
states that the decision appealed fzom was made on April 27, 1997.
The correct decision date is March 27,.1997.
Pursuant to agreement of the parties, which decision zvas made _
after cOnsultation with Assistant City Attorney Peter'Warner, the
appeal has been held in abeyance while the parties have attempted
to negotiate the mattar. On October 7, 1997, Mr. Severson's
attorney in£ormed my clients in writing that Mr. Severson was
abandoning the furthez negotiations as fruitless.
Accordingly, this letter is to request that the appeal be
scheduled for hearing before the appropriate body. Upon your
receipt of this letter, please contact me or have Mr. Warner do so
to arrange for the scheduling o£ the appeal and the submission of
additional �a*_�erwork an b�half of mv clients.
Ver- uly ours,
- � L��
S� Mark Vaught
Attorney at Law
cc Peter Warner, Esq:,_with enclosure
Susan Bergen, without.enblbsure_
Carol and,Greg Clark, without enclosure.,. _,,
I,aurel Frost, without enclosure
Mervyn Hough, without enclosure .
Tricia Leonard, without enclosure
John Michael Miller, Esq., without enciosure
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Meetin�Sim�maz3'
informal concept review mceYing
re: 420 Portland Avenue carriage house
6 November 1996
present: Ron Seveison, Bob Limning, David Heide, Charies S1Qie� Aazon Rubenstein
smuniary prepazed by Rubenstein
Severson presented two designs, one with fow garage stalls facing Portland and a 25' &ont setback and one
with four stalls facing west and a 15' &ont seWack (both desigos similar to those now proposed in February
1497 but buildings were parallel with east properiy line and not with Portland).
Heide: should Uris cazriage house read as an independent sWcture or resemble the original part of the Winter
House or the simpler rear addition?
Lunning: could go either way; could entertain good contemporary design tespectCul but not closely related to
main building; secondary buildings tended to be simpler; tlus building could be simpler in form and detailing
than the front part of the house--that would be more appropriate; these designs try awfully hard--perhaps too
hazd--to follow feedhack given at previous HPC meeting.
Heide: proposed carriage house is more elaborate than the rear addition of the house; concerned about false
historic precedent for carriage house at this location; no sense of pedestrian entry; concemed about quality of
unbuilt spaces on the ]ot.
Slvief: troubled by gazage doors so visible from Portland--important sUretch of Portland, view &om Portland
gerhaps more important than from Sunuuit.
Limning: packing court at reaz of 415 Summit, with gazage doors facing west, better than doors facing
Portiand from every perspective except view from building to west; nced to look at how to screen and
unprove relationship with Portland, be welcoming from Portland--show entrance or pedestrian way.
Discussion about pedestrian design connection between building and Portland.
Discussion about replica6on/mimicry versus contemporary but compatible design; Heide concerned about
false historicity; guidelines seem to ailow either approach.
The remainder of the discussion focused on plan B--with gazage doors facing west.
Lunning: plan B better meets ]arger neighborhood and public interests; suggested building could follow both
east and north properly lines (trapezoidal shape)--building huns perhaps with porch element.
Heide: openings not proportionate to scale of building and overly detailed.
Discussion about garage doors and type; perhaps set back 1' from wali.
Lunning: encoutaged Severson to look at quality of entire space, particulazly for building to the west
Heide: second story windows larger than first; what about windows penetrating the comice--lower cornice?
Severson: will look at revising plans and getting variance for plan B.
Heide: suggested that illustrations, even small iine drawings, showing entire views from park and Portland
would be usefiul (carriage house, main house, apartment bwlding, trees).
Apartment building to west very close to street, not set back 25'.
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98-357
HPC FILE #2884
CTI'Y OF SAINT PAUL
HERITAGE PRESERVATION COMA�SSION STAFF REPORT
FILE NAME: Construct cazriage house
APPLICANf: Ronald Severson
DA'I`E OF APPLICATION: 2.14.97
DATE OF HEARING: 227.97
LOCATION: 420 Portland Avenue (south side betweea Westem(Summit and Arundel)
HPC SITE/DISTRICT: FIistoric Hill IJisfrict CATEGORY: N. A.
CI.ASSIFICATION: Major
STAFF INVESTIGATION AND REPORT: DATE: 4.23.9'i
BY: Aazon Rubenstein
A. SITE DESCRIPTION: The subject site is a flat, dirt lot used for off-street pazking for the residents of
415 Summit Avenue which adjoins to the south. A two car gazage was constructed in the southwest
comer of the site 1.3 yeazs ago. To the west is a]azge, four story, brick condominium building and to
the east is the triangular Nathan Hale Park.
The E. W. Winter House at 415 Summit is a two and one-half story residence constructed in 1882 in a
vemaculaz Second Empire sryle and later remodeled in the Queen Anne style. Elements of both styles
are evident. A two story reaz addition was consiructed in 1886. Cass Gilbert designed an 1892
remodeling. The Winter House is categorized as pivotal. The structure has a mansazd roof (rear
addiuon hipped) with wood shakes, clapboazd siding, double hung windows, and a limestone foundation.
In the 1980s, the building was converted into four condominium units. A new, east side, pyramidal
]ripped roof, entry porch was approved by the T in 1987.
B. PROPOSED CHANGES: The applicant proposes to construct a two story "carriage house" residence,
with four gazage stalls at ground levei, on the east side of the lot.
C. GITIDELINE CITATIONS: The Historic Hill Heritage Preservation Distriet guidelines for design
review include the following:
III. New Construcdon, R. General Principles: The basic principle for new construcdon in the
Historic Hill District is to maintain the district s scale and quality of design. ...New construction
should be compatible with the size, scale, massing, height, rhythm, setbact� color, materiaf, building
elements, site design, and rharacter ofsurroundingstructures and the area.
III. B. Massing and Height: New construcdnn should conform to the massing, votume, height and
scale of exisdng adjacent struciures. Typicat residendal structures in the Historic Hill District are
25 to 40 feet high. The height ofnew consmrction shoutd be no lower than the average height ofall
buildings on both block faces; measurements should be made from street level to the highest point of
the roofs.
2y
9'8- 35' 7
HPC Stafl Report: File #2884
Page Two
III. D. Materials and Details: ..,The materials and details ofnew construction should relate to the
materials and details of existing nearby buildings. Preferred roof materials are cedar shingles, slate
and tile; asphalt shingles which match the approzzmate color and texture of the preferred materials
are acceptable substitutes. ..Materials, including their colors, will be reviewed to determine their
appropriate use in relation to the overall design of the structure as well as to surrounding structures.
III. E. BuildingElements: Individual elements ofa buildingshould be integrated into its composition
for a balanced and complete design. These elements for new construction should compliment eristing
adjacent structures as well.
III. E. 1. Roofs: ...The skyline or profile ofnew construction should relate to the predominant roof
shape of ezisting adjacent buildrngs.
Ill. E. 2. Windows and Doors: The proportion, size, rhythm and detailing ofwindows and doors in
new construction should be compadble with that ofexisting adjacent buildings. ...Facade openrngs
of the same general size as those in adjacent buildrngs are encouraged. ... Wooden double-hung
wrndows are tradrtional in the Historic Hi11 District and should be the first choice when selecting new
windows.
Ill. E. 3. Porches and Decks: In general, houses in the Historic Hidl District have roofed front
porches.... Ifa porch is not built, the transitlon from private to public space should be articulated
with some other suitable design element.
IIZ F. Site, 1. Setback: New buildings should be sited at a drstance not more than S% out-of-line from
the setback ofexisting adjacent buildings. Setbacks greater than those of adjacent buildings may be
allowed in some cases. Reduced setbacks may be acceptable at corners. Thrs happens quite often in
the Historic Hill area and can lend delightful varration to the street.
Ill. F. 3. Garages and Parking.• Where alleys do not exist, garages jacing the street or driveway curb
cuts may be acceptable. Garage doars should not face the street. If this is found necessary, single
garage doors should be used to avoid the honzontal orientaaon of nvo-car garage doors.
Parking spaces should not be located in front yards. Residential parking spaces should be located in
rear yards. ...All parking spaces should be adequately screened from the street and sidewalk by
landscaping.
D. ffiSTORY AND DISC[TSSION: The 420 Portland lot was subdivided in 1990 from the 415 Summit
Avenue lot to the south. It is both the rear yazd of the Winter House and a sepazate pucel fronting on
Portland, a situation that presents challenges for development--not the least of which is off-street
pazking. The 415 Siuumit wndominiums have a pazking easement which requ'ves two parldng spaces in
the reat lot for each of the four condominium units (though this requizement can be waived by any condo
owner). The current applicant wants to provide nine off-street pazking spaces--two for four units and
one for either a condo unit or the carriage house unit The City's off-street pazking requirement for the
site would be seven spaces (1.5 spaces x 5 units, rounded down). From a design perspective, a new
3�
98-357
HPC Siaff Report: File �#2$84
Page Three
cazriag�house-type strucUUe should 1) be related but suhservient to the Winter House and 2) resemble a
carriage house yet be compatible with the grand buildings along Porttand Avenue.
The applicant, Mr. Severson, bought the 420 Portland lot a year of so ago and lives in the Winter House.
In 1989, the HPC and BZA approved plans for conshuction of a carriage house on this site, wlrich
project included one dwelling anit and five gazage stalls in a sort of I,-shaped building and three off-
slreet pazldng spaces. In 1992, the HPC and BZA approved modifications to that plan w}uch included
two dwelling units in an L-shaped, carriage-house-like, shucture and 14 underground pazldng spaces.
In July 1995, the HPC Design Review Committee did a concept review of Mr. Severson's first proposal
--to build a three story, mansazd roofed residence with two gazage stal]s. That design was not
partiwlazly well received and the HPC chair offered to have a small goup of HPC members meet with
the applicant to consult informally and in more detail about the design issues. The fundamental concem
eapressed at the July 1995 meeting was that the design started to be a carriage house but wasn't and that
it needed a stronger design relationship to the Winter House. The infomzal meeting happened a yeaz
later, in November 1996, with Mr. Severson, Bob Lunning, David Heide, Charles Sl�ief, and HPC staff
attending, at which time several new designs--related to those now proposed--were reviewed (notes
attached).
E, kTNDINGS:
1. The applicant is proposing three design schemes for HPC review, all variations on a two story
carriage house. Scheme 3X has a) a 25' front setback from Portland in order to avoid need for a
setback variance, b) a 36' long building with two double garage doors, and c) two pazking spaces in
the front yazd which wouid requ've a variance. The 3X building is smaller than the other two
designs, resulting in the cariiage house's bedroom being located in the basement--the applicant's
least prefened design. The app]icant may want to add a dormer with one window on north and
south elevations of the 3X design. Scheme 3B is a 40' long building with single gazage doors, a
19.5' front setback, and two parking spaces in the front yard. It is the applicant's second choice.
Scheme 3A is the applicant's preferred design. It is the same as 3B but with angled, second story
overhangs at the northeast and southeast comers.
2. Proposed materials aze as follows. Roofing would be Timberline asphalt shingles, matching the
eacisting gazage; the Winter House has a wood shingled roof. 5iding would be dutch lap woal
siding milled to match that on the Winter House; wood-shingles in dormer gable ends. Trim and
eaves wouid be wood; eave design sunplified from that of Winter House by deleting dentils.
Windows would be 1/1 douhle-hung with insulated glass with full scseens--either Andersens with
brown vinyl cladding matching color of Winter House windows or, more ]ikely, Marvin wood
windows. Doors and entry hood wouid be of woal. Roof ridges would be painted metal with a
wooden crown molding and tin balls. Other details: rockfaced block foundation above grade;
probabty built-in gutters; paint scheme to match the Winter House; balcony design closely matches
those on Winter House.
31
98-35 7
HPC Staff Report: File #288A
Page Four
3, Schemes 3X and 3B conform to the disirict's design guidelines. They would be compatible with the
size, scale, massing, height, rhythm, setback, color, material, building elements, site design, and
character of s�sroundiug structures and the azea. The angle of the building on the site would reflect
the relationship of Portland to Sumnut and would mean the carriage house would be squaze with its
Portland neighbors. The building elemenu add up to a highly detailed, complex design for a
carriage house that could be simplified but is acceptable as is. Tke first story of the north elevation,
however, is elccessively blank; the applicant is willing to considet adding small square windows
here and in place of ]azger windows on the first floor of the east elevation (possibly then deleting
glazing on garage doors). Consideration should also be given to adding these windows to the south
elevation.
The proposed two pazking spaces set back ten feet from Portland would be acceptable, if wel]
screened, given the front yardlback yazd nature of the site. A detailed landscaping plan should be
provided.
4. The proposed 3A design, with its angled second story overhangs, is excessively complicated for a
carriage-house-type structure. Historic carriage house, though they can be finely detailed, have
simpler forms. A cazriage house should look like a secondary structure.
F. STAFF RECOMMENDATION: Based on the above findings, staffrecommends a) denial of the
proposed scheme 3A and b) approval of the proposed schemes 3X and 3B subject to the following
condition:
The HPC or its staff shall review and approve fmal construcdon plans (including added first story,
north elevation windows), and a detailed landscaping plan to ensure adequate screening of pazking.
32
GENERAL BUILDING PERMlT - g8 -357
DEPARTMENT CITY OF SAINT PAUL
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HPC Meeting Summary / 2.27.9�
re: 420 Portland AvenuefFile #2884
Construct new carriage house
applicant: Ronald Severson
summary by Aaron Rubenstein
Rubenstein showed photos and slides of the site; mentioned that he had notified 436 Portland residents of
HPC meeting and they notified 415 Summit residents; a neighbor had raised issues of trash storage, 6'-lugh
fence vs. landscaping, and locarion of ninth paddng spot.
Baker asked for clazification that staff recommends appmval with smaller first Aoor east windows;
Rubenstein responded `�es".
Albers asked about screening and landscaping requirements.
Severson said he plans to live in the cazriage house, wants to withdraw plan 3A from consideration given
staff ob,jection to it, and is open to HPC's design suggestions.
Hazgens: likes scheme 3B with single garage doors and smaller fust story east windows.
Severson: would like IiPC approval for both 3X and 3B designs given the uncertainty about getting a frrnrt
setback variance.
Slvief: pointed to informal concept review swnmary on p. 25 of packet, which suggests some problems with
the proposed designs; designs aze too elaborate given the nature of the building; also concemed about
relationship with the park, especially the balcotry--the building should be a restrained backdrop, have better
manners.
Heide: concurs with much of Skrief's comments; still confused by what the building is hying to be and its
relationship with the e�sting building; his wmments from the 11.6.96 meeting still apply.
Chair Baker asked for any public comment.
Gary Ballman, Ramsey Hill Association representative: RHA has not had a chance to foimally review the
proposal and he invited Severson to neat RHA boazd meeting.
Cazol Clazk, 415 Sununit: owns existing gazage; new gazage spaces would be � she has problems bacldng
out of gazage because of tight lot; condo association was not informed of HPC meeting; listed a number of
concems; unplications for condominium legal documents; she catmot use existing gazage as there is no
paving.
Rubenstein inteaupte3 and said the concems of Ms. Clazk and other neighbors about legal issues, Mr.
Severson's handling of the process, and other non-design issues are valid concems but not appropriate to
discuss at the HI'C; the HPC deals with design issues addressed in the district guidelines and must make a
decision based solely on the design guidelines.
Laurel Frost, 436 Portland: subject lot is not a front and rear lot--it is a front lot; a building cannot be a main
and accessory building; believes this is a main building.
Mervyn Hough, 436 Portland, president of Nathan Hale Park Condominium Association: west elevation and
landscaping do not take into accoimt their situation; has a problem with the concegt; concemed ahout
landscaping, gazbage and screening; wants four single garage doors and wants plans to be follow i.e.,
changes require approval.
Severson responded briefly.
Albers: documents not adequate for permit approval, especially for approval of two schemes.
Frame: concurs with Albers, particulazly inappropriateness of approving two different plans.
Heide: proposed building is intended to represem a historic carriage house that was never there, blurs what is
historic and new.
Hargens: agrees with Heide; a pivotal and difficult site; moved layover.
Albers: suggested denial of pemilt--plans not sutliciently detailed.
Frame seconded the layover motion.
�3
98-3s�
FIPC Meeting Summary / 2.27.97
re: 420 Portland Avenue/File #2884
Page Two
Hazgens: there are other, broader issues [besides design] to be resolved
Kubenstein: it is reasonable to review and act on two design schemes givea difficulty and imcer[ainty of the
development process; HPC should avoid non-design issues and, whether layover or denial, should be cleaz
about reasons for action.
Hazgens: the design of the building is ambiguous.
Lazson: supports layover rather than denial.
discussion about layover to Mazch 13 Design Review Committee meeting.
Motion to lay over passed 10 - 0.
��
q8-357
CITY OF SAINT PAUL
Norm Coleman, Ma}ror
MEMORANDUM
TO:
FROM:
RE:
DATE:
HPC Design Review Committee
Auon Rubenstein � ��
420 Portland
10 March 1997
OFFICE OF LiCENS$ A'SPECITONS AND
EN VII20NMENTAL PROTEC.'TfON
RobertKus(er, Diruwr
IAWRYPXOFFSSIONAL BUD.DA'G
Suite 300
3505[ Petsr Sfreet
Saint Pau� Minreesom 55102-I510
Telephone: 612466-9090
Faanmile: 672-266-9099
Todd Bradley has prepazed revised elevations for the 420 Portland carriage house. Because of the pivotal,
highly visible natwe of the site, Chazles Slvief would like to have the Design Review Committee review
and discuss the revised plans on Thursday and then have the full commission review and vote on the
project on Mazch 27.
The revised elevations show a simplified, hipped roofed design Included are three versions of the east
e]evation, a north elevation with fsst story windows added, and two variarions of the west elevation.
Mr. Bradley has stated that the revised design is meant to reflect the reaz wing of the 415 Swnnut building
and could be fiuther distinguished from the main building by simplifying or eliminating moldings and
possibly by changing some materials.
I have included in this packet the information from the February 27 HPC meeting, a summary of the
February 2? discussion, copies of earlier plans for the site FYI, and a 1903 Sanbom insurance map
section showing that a two-story out building was located at the northeast corner of the lot. (A 1901
Rascher map labels the outbuilding as 1.5 stories; both maps provided by Tracey Baker). Also included
are seven pages from the federal Secretary of the Interior's standazds and guidelines with references to
distinguishing between new construction and historic structures. I would like to point out that these
guidelines are not included in the guidelines for any of the local districts and perhaps ought to be. I expect
this might be a more contentious issue in the neaz future (re: Lawel and Mackubin}.
��
63I07/1997
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OFFICE OF LiCENSE, INSPECTIONS AND
ENVtRONMENTALPR07ECTtON
Ro6estKusler, Dirutor
CTTY OF SAINT PAUL
Norm Co]eman, Ma}ar
FAX MEMO
To:
From:
Date:
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fax
tel
Aaron Rubenstein
tel 266-4Q87
fax 266-9099
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Message:
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IAWRYPROFESSIONAL BUIIDA'G
Suite 300
3505[ PeterStreet
SaintPaul Minnesota 55101-I510
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. - _ " 98-35 7
The Secretary of the Interior's
Standards for
Rehabilitation
and Guidelines for
Rehabilitating Historic Buildings
U.S. Department of the Interior
National Park Service
Preservation Assistance Division
�! n
Washington, D.C. � 'f 'i �
For We 6y tLe Superin�endent of Documenn, U.3. Oovemmeat Prin[in6 Othee
Wuhington, D.C. ROW2
�/ �
q8-357
THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
Thr tnllowing Swndar3s am tobe applie�i to spetific rel+abiBtaHon projects in a reawnable manner, taqng into considerofinn economic and txhmcal
Ra>ibilitv.
Ul A pmperty shal! be used for its historic purpose or be piaced in i new use Nat requim miniwl clunge ro the deEining chancteristics of the
building and its site and environment
� (D The historic chancter of a pmperty shali be renined and preserved. The rcmovai of historic materiais or altention of feacutes and spaces that
chancterize a property sluli be avoided.
�(y l31 Each property shall be eecognized u a physical record of its fime, place, and use. Changes that a�erte a false unx of historical devdopmenl, such
K u adding conjectunl featum oz archilectunl demm4s from other buildings, sha11 not be undertakm
lil Most propenies change orer 6me; thox clunges thaf have acquircd historic significance in U�eir own right shal I be refained and preserved.
(5) Disiinctive featuces, finisha, ind mnstmction techaiques m enmpVn of rnftsmmship that chancterize i historic property shill be preserved.
161 Deterionted historic featum ehall be rcpaind nther tiva ttplaced. Whue the severity of dHeriontion rcquircs replacement of a distinctive
feature, the new featurt sha31 match thc o1d in design, mloq te:ture, and othervisual quaiities and, whae possible, materials. Repiacemmt of
missing featuxxs shall be substantiated by documenfary, physical, or pictorinl evidmce.
l� Chemical or physicat txatments, such u sandblasting, that duu damage to historic materials ahall not be used. The surfa<e cleaning of shuo-
tures, if appropriate, shall be undertaken using the gmtlest means possibie. �
(SI Signific�nt archtologiai resources affected by a project shall be protened and prcxsved. lf such resources must be disturbed, mitigation meas�
urn shali be unde�ken.
191 New additions, esterior altentions, or rclated new construction shall not destmy historic materials that chancterize the property. The new work
�� shall be differcMiated from the old and shali be mmpatible witA the msssing, sizq scale, and architectunl featurzs to protect the historic integrity of
the property and its envimnment.
_ L 1301 New additions and adjacent or rtlated new construction shall be und<rtaken in such a manncr that if rcmoved in the futurt, Ihe essential form
�� and integrity of the historic pwperty and its rnvironment would be unimpaittd.
i �
98-357
As stated in thr drtiniN��n, thr treatment "mhabilitation" assumr that at least enme rcpairor alterahon af the hutoric building will br n�edid in ordrr tu
provide tot nn etiinmt nmtrmp�e�nrv use; hnwever, these rrpa¢s and alteranon must not damage or dcstmy m, terials, fratures or finishe� that arr
�mportant m denning thr buiiding> hisroric character. Far rxampie, certain treatmrnts—if improperly applied—may ousr or amleratr phvsical detr�
rioradun ot hL<tont build[ng Thu can indude using impropet rcpomring or extmor masonry cleaning tethmques. or mhoduring insuWtinn that
damages his�uric hbrio ln almmt all nt these situations, use of thc�e materiaLt and treatmmts will result in a projecY [hat dnes not mert the Swndards.
Similartv, eaterior alditiom' that dupticate the form, mat�Riai. arnf d�Kailing nf the stiucture to the e:tent that they comprumisc the historic cfiaract�v nf
� thr structure wili tail tn meet thr Stand. rds.
Technical Guidance Publications
The National Park Serv�ce. U.S. Departmen[ of thr Interior, mndutts a variety of activitirs to guide Fedrrai agrnaes.5tates, and thr genrral pubhi m
historic prrservatinn pm�ett work. In add�tion to c�tabluhmg sLindard> anJ guidrlines, the Service develops, publishcs, and di�tribuhs [echmcal
intomwnun on appropriate pttxrvatiun trea[ments. in<luding Pre�ervahon Briefs, caae �tudies, and 1'reservatiun Tech Notes.
A Catalug of H�storic Prrservation Publicatinas with shxk numbers, prices, and ordering infurtnation may be obtaine+i by writing: Presrrvatinn Ax��s-
Wnce Div�s�on, Trchnical Prcxrvanon Services, P.O. Boz 37127, Washington, D.C. 20013T27.
�'= "1 ��
i I
98-3s�
ess of carefully documenting the hutorical appearance. Where an important architectural EeaNre is missing, its recovery u always recom-
mended in the guidelines as the fi•st or preferred, course of action. Thus, if adequate historical, pictorial, and physical documentation exists
w that the featurn may be accurately reproduced, and if it is desireable to re<stablish the feature as part of the building's historiwl ap-
pearance, then designing and constructing a new feacure based on such info�matwn is apprapriate. However, a second acceptable option for
the replacement feature is a new design that is compatible with the remaining chacacter-defining featum of the historic building. The new
design should always cake into account the size, scale, and material of the historic building itself and, most importantly, should be ciear(y dif-
terentiated so that a faLse historical appearance ss not created.
Alterations/AddiHons to Historic Buildings
Some exterior and intedor alterations to the historic building are generally needed to assure its continued use, bue it is most important that
such alt�ations do not radicafty change, obscure. or destroy chazattec�efining spates, materiats, features, or finishes. Alterations may in-
dude providing additional parking space on an existing historic building sire; cutting new entmnces or windows on secondary elevations: m-
sercing an additional floor, installing an mtirely new mechanical rystem; or creating an atrium or light well. Alreration may also include the
selective removal of buildings or other features of the environment or building site that are intrusive and thereEoce detract Erom the overall
historic character.
The const�uction o( an «terior addition to a historic building may seem to be essential for the new use, but it is emphasized in the gufdelines
that such new additions should be avoided, if possible, and considered only aEter it is determined that those needs cannot be met by altering
� secondary, i.e., non characterdefining interior spaces. IE, after a thorough evaluation of interioz solutions, an exterior addition is still judged
� to be the only viable alternative, it should be designed and constructed to be clearly differentiated from the historic building and so that the
character-defining teatures are not radically changed, obscured, damaged, or destroyed.
Additions to historit buildings are rcferenced within specifit sections of the guidelines such as Site, RooE, Structurel Systems, etc., but are
also considered in more detail in a separate section, NEW ADDITIONS TO H15TORIC BUILDINGS.
Health and Safety Code Requirements; Energy Rettofi[ting
These sections of the rehabilitation guidance address work done to meet health and saEety code requirements (for example, providing barrier-
free access to historic buildingsJ; or retrofitting measures to conserve energy (for example, instaliing solar collectcn in an unobtrusive loca-
tion on ehe sice). Although this work is quite o4ten an important aspect of rehabilitation projects, it is usuatly not part oE the ovecall Qcoce:s ot
protecting or repairing character-defining features; rathea such work is assessed for its potential negative impact on the building's hisroric
charattec Por this reason, part�cular care must be taken not ro radically change, obscure, damage. or destroy character-defining materials or
features in the process of rehabilitation work to meet code and energy requirements.
30
! /
y8-357
BUILDING SITE
Recommended
Nof Retommersded
ldentiFying, retaining, and preserving buildings and their features `' Removing or radically changing buildings and their features or site
as wetl as featutes ot the site that are important in defining its �C features which are important in defining the overall historic
overall hisroric character. Site features can indude driveways, �Y character of the building site so that, as a result, the character is
walkways, lighting, fencing, signs, benches, fountains, welis, ter- diminished.
races, canal systems, plants and trees. berms, and drainage or io-
rigation ditches; and archeological Eeatures that are important in
defining the history of the site.
/y Retaining the historic relationship between buildings, landscape
f �� features, and open space.
Protecting and maintaining buildings and the site by providing
proper drainage to assure tltat water dces not erode foundation
wails: drain toward the budding; nor erode the historic landstape.
Removing or relocating hisroric buildings or landscape features,
thus destroying the historic relationship between buildings, land-
scape features, and open space.
Removing or relocating historic buildings on a site or in a complex
of related hisroric stmctures—such as a mill wmplex or farm—thus
diminuhing the historic charatrer ot the site or mmplex.
Moving buildings onto the site, thus creating a false historical ap-
pearance.
Lowering the grade level adjacent to a building to pertnit develop-
ment of a forme:ly below-grade area such as a basement in a man-
ner that would drastically change the historic relahonship ot the
building to its site.
Failing ta main[ain site drainage so that buildings and site features
are damaged or destroyed: or. alternatively, changing the site
grading so that water no lon,ger drains propedy.
i5
The re]ationship between a historic building or building and landscape features within a
property's boundaries—or the building site—helps to deEine the historic charocter and shouid be
considered an integral part of overall planning for rehabiliWtion project work.
� �
98-357
BUILDING SITE (<onnnutd)
Ttrc following work is highGghted to in8iate that it represents tf�e Particu3uly compSez technical ar design upects oE ttFubilitation proiett
work and shouid oniy bt comidered after the preservaHon concems listed above have becn addressed.
Recommended
Not Recommended
Design for Missing Historic Famtes
Da�ing aed castrueting a new [adm d a bmlding or site
� w}en the histolic fatuie is eovip3etdy a�nde8. wch as an
outbuilding, eejrace, a driveway. It may bc ba�ed on
fiistorical. Pietorial, and phyaicil doeimrcntation: a bt a
smw de�igi that a eomytibk with tF�e histocie eharxeQ af
drc buildinB atd aee.
� Creating a false historical appearance berause the replaced feature
is based on insufficient historical, pictorial, and physical documen-
htion.
y Introducing a new building or site feature that is out of scale or
�\ otherwise inappropriate.
Introducing a new hndscape feature or plant material that is visual-
ly incompatible with the site or that destroys site pattems or vistas.
Alterations/Additions ior the New Use
Dni�in8 new oiuite parking, loadin6 docka, a rampt when
tequired bY the new use w lhat they aee as unob4vaEve as
posible and asswe the pt'xrvation of durathr-defining
L•eatu[o of the sitt.
Pladng parking facilities directly adjacent to historic buildings
when autamobiles may cause damage to the buildings or 4andscape
hatures or be intrusive to the building site.
Daig�ing new ezterior additions to (tistoric building+ or ad- Introduring new construction onto the building site which is visual-
� jacent new construRion which b compaHbk wich the historic � ly incompatible in terms of size, scale, design, materials, color and
�2uraeter of the site and which p�serve the historic rdation- tezture or which destroys hisroric relationships on the site.
ahiP herivem a building or buiida�gs, lud�cape featurts, and
oPm sPM•
Rmaving nocbig�tificant bui)dic�, additiorn, or aite
�feahvss which detact hom the historie cFuracter of !he s4.
Removing a historic building in a compiex, a building feature. or a
site feature which is important in defining the historic charocter of
the site.
48
� O
�j�-35�
DISTRICT NEIGHBORHWD knntinurJ)
The following work is highlighted because it represents the partitularly complex technical or design aspects o! rehabilitation projects and
should only be ronsidered after the preservation concerns listed above have been addressed.
Recornmended
Not Recommended
Design for Missing Historic Features
Designing and construtting a new Eeatute oE the building,
streetscape, oz landscape when the historic feature is com-
pletdy missing, ruch as row house steps, a porch, strcetlight,
or temce. St may be a testoration based on historicaS, pic-
torial, and physical docvmentarion; or be a new design that
is compatible with the historic character of ehe district or
neighborhood.
� Geating a Palse historical appearance because the replaced (ea[ure
is based on insufficient historical, pictorial and physical documen-
tation.
Introducing a new buiiding, streetscape or landscape feature that is
out of scale or ocherwise inappropriate to the setting's h�stonc
character, e.g., replacing Qicket fencing wich chain tink fencing.
Alterations/Additions for the New Use
Designing requ'ued new parking so that it is as unobtnuive as
possible, i.e., on side streets or at the iear of buildings.
"$hared" parking should also be planned so that several
business can utilize osu pazking area as opposed to imtoduc-
ing random, multiple lots.
Placing parking facilities direcdy adjacent to hisroric buddmgs
which tause the removal o! historic plantings, relocation ot paths
and walkways, or block�ng of alleys.
Designing and constiucting new additions to historic
buildings when requircd by the new use. New work shrnild
be compatible with the hisroric charocter of the district or
neig}�borhoad in teruLS of siu, scale, daign, materiat, color,
and t�ture.
Removing nonsignificant buildings, additions, or stteetscape
and landsupe features which detract from the historic
character of the district or the neighborhood.
introducing new construction into historic districts that is visually
incompatible or that destroys histonc relationships w�thm the
district or ne�ghborhood.
Removing a historic buildmg, buildmg feature, or landscape or
streetscape feamre that is important in deFining the overall hisronc
character oF the distnct or the neighborhood.
51
7�
q�-357
NEW ADDITIONS TO An atwched ezrerior addition to a hisroric building ezpands its "outer Iimits" to create a new pro-
HISTORIC BUILDINGS ���e. Because such expansion has the capability to radically change [he historic appeazance, an
exterior addition should be tonsidered only after it has been determined that the new use cannot be
wccessfully met by altering nonKharacter-defining intcrior spaces. If the new use cannot be met in
this way. then an attacfied exterior addition is usually an atteptable altemative. New additions
shuuld be designed and constructed w that the character-deFining features of the historic building
are not radically changed, obscured, damaged, or destroyed in the process o( rehabilitation. New
design should always be dearly differentiated w that the addition does not appear ro be par[ of the
hisroric resources.
2ecommend¢d
Placing tunctions and services required for the new use in non-
characterdetining interior spaces rother than installing a new addi-
tion.
Not Recommended
Expanding the size of the historic building by constructing a new
addition when the new use could be met by altering nontharacter-
defining interior spaces.
Constructing a new add�tion so that there is the least possible loss
of historic materials and so that character-de£ining features are not
obscssred, damaged, or destroyed.
Locatmg the attached exterior addition at the rear or on an in-
conspicuous side ot a historic building; and limiting its size and
scale �n relationship to the historic building.
Attaching a new addition so that the character-defining features of
the historic building are ubscured, damaged, or destroyed.
Designing a new addition w that its size and scale in rela[ion to the
histonc buildmg are out ot prapartion, thus diminishing che
historic charatter.
� Des�gning new additions m a manner that makes dear what is�j Duplicating the exact torm, material, style. and detailing of the
historic and what is new. 7J� hisroric building in the new addition so that the new work appears
�, to be part ot the historic building.
� Imitating a historic stvle or penod of architxture in new addit�ons,
especially for contemporary uses such as drive-in banks or garages.
58
�Z
q�- 357
NER' ADDITION5 TO HISTORIC BUILDING5lcunnnuedl
Rerommended
� Considering [he attached exterior addition both in tertns of the new
use and the appearance of other buildings in the historic district or
neighborhood. Design Por the aew work may be contemporary or
may reference design motifs Erom the hiscoric buifding. in either
case. it should always be dearly differentiated Erom the hisroric
building and be compatible in terms of mass, materials, relation-
ship ot wlids to voids, and cotor.
Not Recorrtmended
Designing and constructing cew additions that resu{t in the diminu-
tion or loss of the hisroric character of the resource, induding i�s
design, materials, workmanship. location, or setting.
Using the same wall plane. roof line. comice height, materiats,
siding lap or window type to make additions appear to be a par� ot
the his[oric building.
Placing new additions such as balconies and greenhouses on non-
characterdefining efevations and limiting the size and scale in rela-
tionship to the historic building. �
Designing additional stories, when required for the new use, that
are set back from the wall plane and are as inconspicuaus as possi-
ble when viewed Ezom the street.
Designing new additions such as mulcistory greenhouse additions
tfiat obscure, damage, or destroy character-deiining Peatures ot the
his[oric building.
Constructing additional srories so that the historic appearance ot
the building is radically changed.
59
�3
q8-35�
Heritage Preservation Commission Design Review Committce
Case summary re: proposed carriage house at 420 Portland/file #2884
13 Mazch 1997
present: Slaie� Cermak, Albers, Guelcher
Rubenstein shawed photographs and slides of the site and surrounding azea, summarized the case, and
mentioned that site plan review will be required of the project, that the applicant proposes to store trash in
small carts on the south side of the existing 2-caz gazage, and that the City Attomey's of'fice has advised that
the HPC should make a decision based on the ]ristoric district guidelines and not be concemed about legal
matters between private parties.
Ron Severson, the applicant, spoke.
Cermak: likes the compalibility of the revised design with 415 Summit more; relates better to rear of 415
Summit and the e�sisting gazage; sees an attempt to recreate what might have been there--a carriage house--
rather than a sepazate structure; squaring the building with the side properiy line would tie it better to 415
Summit and make it relate better to the pazk; latest scheme is more appropriate but not acceptable for a
building pemvt.
Slaief: asked if possibie to have more complete elevation.
Bradley and Severson: will have for 3.27 HPC meeting.
Todd Bradley, project designer: intent with this revised design is to simplify and resemble the 415 5ummit
reaz addition; intent of previous design was to make the building look as good as possible.
Mazk Vaught, attorney representing owners of two condominiums at 415 Sumnvt: Severson cannot build the
proposed project, has no more control of this site than Portland Avenue and Nathan Hale Pazk; discussed
discretion versus obligation of HPC to review all permit applications; suggested referring to HPC's legal
counsel his 3.13.971etter to the HPC.
Cazol Clazk, 415 Summit Avenue: pazking on site would be for sale and would not be &ee for 415 Summit
residents; there is not sufficient pazldng or traf�ic circulation room; opposed to pazking in the front yazd;
discussed trash; Severson's plan shows a path and hedges on the 415 Smwnit condo association's property.
Laurel Frost, 436 Portland: the carriage house shown on the 1903 map and the project approved by the HPC
in 1989 happened prior to the lot spiit in 1990 in which the 420 Portland pazcel was sepazated from the 415
Sumnut lot; this is now a different situation and property; the pazcel is being treated as a pazking lot rather
than a front yazd facing Portland.
Mervyn Hough, 436 Portland: if the HPC approves these or similaz plans, would detailed plans come back to
the commission for review?
31mef yes.
Hough: the proposed west elevation is very plain, should have as much design consideration as the rest of the
building, would like HPC to consider his perspective (he lives immediately to the west); spoke about the four
garage stalls; only one good plan should be approved rather than two. Site plan issues: believes gazbage will
end up being stored in a dumpster in the driveway; where would snow be stored?; parldng in ihe front yazd is
being deak with casually; the existing lilacs should be removed and a landscaping plan should be careful]y
reviewed.
Patricia Leonard, 415 Summit: asked what happens if first floor of carriage house is later converted to living
space; discussion followed.
Vaught: my clients cannot be forced to buy pazking spaces from Mr. Severson.
(Commissioners Hauser and Heide were also present during at least part of the discussion.)
��
g�-357
s. M�x vAUGFrr
AtrornevAt Lau�
Suite 70C
Six West Fifrh Stteet
Sa�nt Paul, Minnesota 57102
{6t2) 297b4Q0
FAX (612) 224-8328
March 13, 1997
Members of the Saint Paul Heritage
Preservation Commission
Suite 300
350 Saint Peter Street ,
Saint Paul, Minnesota 55102
RE: Application of Ronald Severson before the Saint Paul Heritage
Preservation Commission to construct a Carriage House at 420
Portland Avenue, Saint Paul, Minnesota 55102, File #2884
Dear Commission Members:
I represent Gregory and Carol Clark, the owners of Unit l, and
Patricia Leonard, the owner of Unit 4, of Nathan House & Mews, a
Condominium, located at 415 Summit Avenue. The Clarks and Ms.
Leonard have engaged me to represent their interests as unit owners
with respect to certain real property located at 420 Portland
Avenue upon which Ronald Severson is proposing to construct a
carriage house. Certain design considerations a£ that project are
currently before the HPC for approval.
Each of my clients holds certain easement rights to the
property located at 420 Portland Avenue for both pedestrian access
and parking purposes. None of clients has been asked nor has any
agreed to waive any of those easement _rights. The rights are
delineated in Article IV.4, and Article IV.5. o£ the Condominium
Declaration, dated July 24, 1990, and recorded in the Of£ice of the
Ramsey County Recorder on July 25, 1990 as Document No. 2555404.
Copies o£ the relevant provisions o£ the Declaration are appended
for your review and for that o£ your legal counsel.
Each o£ the Clarks and Ms. Leonard has a"blanket" easement
across the property at 420 Portland Avenue for pedestrian access
and each unit owned by the parties has an additional easement Por
two (2) parking spaces on the property.
Neither the Clarks nor.Ms. Leonard are currently prepared to
waive any rights attendant upon those easements. Since such waiver
would be a necessary condition precedent to the construction of any
carriage hpuse by Mr. Severson, construction o£ the project which
is before you represents a legal impossibility.
�_�
��
98-3�7
Heritage Preservation Commission
March 13, 1997 -
Page Two
Mr. Severson has no more Current legal right to construct a
carriage house upon the real estate at 420 Portland Avenue than he
does to construct one in the middle o£ a public street or within
the boundaries of a public park. Unless and until he secures such
a right through acquiring waivers of the easement rights accorded
owners o£ each of the condominium units at 415 Summit Avenue, any
consideration of his proposed project by the APC or any other body
is inappropriate and premature.
Additionally, even i£ the project was ripe for current
consideration, it does not appear that Mr. Severson has provided
for trash storage, various setback requirements and his proposal
does not in any way comply with city off street parking spacing
requirements.
Mr. Severson must allow the parking of two vehicles on the
property £rom each of four condominium units at 415 Summit Avenue.
He must provide an additional off street parking spaCe for the
carriage house itself, for a total of nine of£ street parking
spaces. Since he must allow two spaces for each unit, but may not
"force" any unit to purchase a garage unit, he may not legally�
count the four garage units shown beneath the carriage house living
quarters as discharging all or part of the o££ street parking
requirement unless and until he presents contracts or sale
documents with the unit owners to purchase or occupy the carriage
house garage stalls in discharge of their parking easement rights.
Without use o£ all four carriage house garage units to discharge
o£f street parking requirements, there clearly is not su£ficient
room on the lot to provide the necessary off street spaces.
Indeed, there may not be such room on the lot even if all £our
carriage house stalls are utilized to discharge the current off
street parking requirements.
Regardless, even if Mr. Severson accomplishes waiver o£ the
parking easements, he still may not proceed, as noted above, unless
and until he secures a waiver o£ the blanket pedestrian easement
across the property £rom all of the condominium unit owners. Since
my clients, all oP the fee owners of two of those units, decline to
waive their pedestrian easement rights to 420 Portland Avenue, the
project envisioned by Mr. Severson remains impossible to accomplish
from a legal standpoint.
In seeking design approval £rom the HPC, Mr. Severson not only
has the cart before the horse, he has the cart on a difPerent
continent £rom the colt which one day might grow into a horse.
Since the staPf support accorded the HPC, like that of other
volunteer boards and commissions, is a steadily and rapidly
declining commbdity, it would seem an inopportune time to spend a
�6
98- 357
Heritage Preservation Commission
March 13, 1997
Page Three
portion of that valuable staff resource conducting a design review
of a project which currently can not occur. Accordingly, the HPC
is requested to remove the item from consideration or at least
postpone £urther consideration and ultimate approval until Mr.
Severson demonstrates the current legal right to proceed with the
project. in addition, and in the alternative, the HPC is urged to
transinit the legal points raised in this letter to legal counsel
Por his or her review and recommendation.
Very truly you�
% y
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S. Mark Vaught
Attorney at Law
cc Gregory and Carol Clark
Patricia Leonard
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foregoing.
S. Easements fihrough Walls Within Walls. Easements are hereby
deciared and granted to install, lay, maintain, repair and replace aay
wires, pipea, ducts, conduita, public utility lines or structural components
running through the walIs of the unita, whether or not such walls lie in
whole ar in part within the unit bouadariea.
4. Essement for Offstreet Parking and Vehicutar and Pedestrian
Access to Portland Avenne. A bianket easement for pedeatrian acceas from
Portland Avenue to the Property, and vice versa, for vehicular offstreet
parking spaces (two (2) for each unit), and for vehicular access to the
offatzeat par�ng apaces &om Portland Avenue and vice versa is hereby
established over and acroae the entirety of the northerly of the two (2)
Additional Reai Estate parceia (the "North Parcel"). Declarant, or hia
successora or assigna, shall have the option to delimit the boundaries of
these easement areas by ezecuting aa easement grant or deciaration,
setting forth the legal descriptiona of the easement areas, and recording the
same in the office of the Ramsep Caunty Recorder. At auch time as
Declarant adda Lhe North Parcel to the Condominium, the easement(s)
shall disappear (the amendment hereto ehali contain a provision
terminating the easement(s)),'the offatreet parking apaces shall become
limited common elements of the units in the Condominium, and the
number of offstreet parlang spaces allocable to each unit�shall be reduced
from two (2) to one (1). Each unit owner in the Ccndominium, however,
ahall have the right of firat re£usa2 to purchase from Dec2arant one (1)
� garage unit if Declarant constructs garage uaits on the North Pa: cel.
b. Easements to Rnn With Land. All easements rights and
obligatioas creatzd in this Article are affirmative and negative easements,
running with the land, perpetuaIlq in full force and effect, and at all times
ahall inure to tha beaefit of and be binding upan Deciarant, its succeasars
and assigna, and any unit owner, pui�chaser; mortgugee and other person
'�iaving any interest in the Condominium or any part or portion thereof.
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1. Membership in Association. A unit owner shall by virtue of such
interest be a member of the Association and ahall remain a nember of said
Association until such time as hia intereat in the Condominium ceases for
any reason, at which time his membership in said Asaociation ahall
sutomaticalip cease. When one or more peraona hold an interest in a unit,
all auch persans shall be members.
2 Compiisnce with Decla:ation, ByIaws and Rules sad. Regulations of
Associat3on. Each unit owner and occupant of a unit shail camply with all
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$�p�',-x�a:.�..--- ... ._._„�.w.rrs_.s��.-..--....._� _.. _. ... . ,.,
y8- 357
Warren E Peterson
�erome P Filla
Dar.iel Witt Fram
Glenn A. Bergman
Iohn Michael Miiler
Michael T Obe��e
Kenneth A Amdahl
Sieven H. Bruns'
Paul W. Eahning
Timothy P. Russell
Esther E. McGinnis
S. Mark Vaught
Attorney at Law
Suite 700
Six West Fifth Street
St. Paul, MN 55102
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PROFESSfONAL-ASSOG�IATION�.
Oirect DiaL #290
March 21, 1997
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Suite 300
50 East Fihh Street
St. Paul, MN 5510I-1197
(6I21291-8955
(6121 22&I753 facsimile
Melvin �. Silver, Of Counse,
BY FACSIMILE
AND U.S. MAIL
RE: Application of Ronald Seversoa before the Saint Paul
Heritage Preservation Commission to construc� a Carriage
House at 420 Portland Avenue, St. Paul, bIII 55102
File #2$84
Our File No.: 11127/950001
Dear Mr. Vaught:
I zepresent Ronald and Marnie Severson with respect to the
construction of a carriage house and garages on the property owned
by them north of the Nathan House & Mews Condominium (the "Severson
Parcel"). They have forwarded to me a copy of a letter which you
sent to the Saint Paul Heritage Preservation Commission {"HPC")
dated March 13, 1997. I have reviewed that letter and have the
following comments:
1. You refer to the "blanket easement" which your clients
currently have with respect to the Severson Parcel. Even
if it could be construed as a"blanket easement" at this
tu-t�e, the Seversc;,s clearly have the right to 1?mit the
boundaries of the easement areas as provided in Article
IV, Section 4 of the Declaration, a copy of which was
attached to your letter to the HPC. This language
obviously contemplates that the Seversons, as the
successors to the developer, can at their discretion,
� remove any "blanket" nature of the easement. Moreover,
- it is clear from other provisions in the Declaration that
� it was always the intent of the Declarant that the
o Severson Parcel would be developable by the owner of that
N parcel.
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S. Mark Vaught
March 21, 1997
Page 2
2. Contrary to the assertions on Page 2 of your letter to
the effect that the Seversons are "puttinq the cart
before the horse", we believe that the opposite is true.
As you correctly point out, the approval by the HPC and
other aqencies of the City does not necessarily take
precedence over private agreements. The Declaration is
such a private agreement.
Unfortunately, it appears what your clients are doing in
this particular case is to place the HPC (or other City
Agenciesj in tne position of being a binding arbi.trator
in what is clearly a dispute between private parties
regarding the terms and conditions of a private
agreement. That is not the role of the HPC and I do not
believe that the HPC should be placed into that position.
The HPC should be evaluating the proposal on its merits
in accordance with their criteria, rather than trying to
construe the Declaration.
Your assertion that the plans by Mr. Severson, if
approved by the HPC, will never come to fruition, is, in
our opinion, simply i.ncorrect. At the very least, it is
not an argument which the HPC should be deciding. Once
the Seversons receive approval from the HPC, they plan to
go forward with the project. If your clients still
object, it is at that point that they could seek the
appropriate injunctive or declaratory relief through the
courts.
We also agree with the genezal point made in the last
paragraph of your letter but reach the opposite
conclusion. That is, for the HPC and/or the City
Attorney's Office to get involved in the construction of
a private agreement would be a waste of their valuable
time and resources.
3. If you have had any direct contact with the City
Attorney's Office regarding this, it would be appreciated
if you would provide me with the name of the City
Attorney so that this letter can be relayed to the City
Attorney.
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98- 3s 7
S. Mark Vaught
March 21, I997
Page 3
Please feel free to contact me with any questions or comments
which you may have regarding this.
Thank you for your cooperation.
JMM:bap
cc: Ronald and Marnie Severson \
Heritage Preservation Commission
HPC Staff Member Aaron Rubenstein
rely
Michael Miller
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CITY OF SAINT PAUL
Norm Colemon, Mayor
MEMORANDUM
TO: Heritage Preseroarion Commission
FROM: Aazon Rubenstein �,,�,
RE: 420 Portland
DATE: 25 Mazch 1997
OFFICE OF LICENSE, INSPECTLONS AND
ENVD20NMENTAL PROTECTTON
RobertKersle>, Dirutor
TAWRYPROFFSSIONAL BU2DWG
Sui7e 300
3505[ PererSo-eet
SainiPou7, Mimiessoto 55102-75]0
Telephone: 61L266-9090
Facsimile: 672-266-9099
Ron Severson and his designer, Todd Bradley, will present to the commission on Thursday further revised
elevatioas for the proposed carriage house residence at 420 Portland. The project was discussed at the
Design Review Committee meeting on Mazch 13 but committee chair Charles Slaief thought the project
too important for the full commission to not review.
Commission members Terri Cermak and David Heide met this moming at the LIEP o�ce with
Mr. Severson and Mr. Bradley to further discuss the project. This meeting was my idea, based on my
belief that the project could meet the historic district guidelines with some additional revisions to the
design. Chazles S1Qief had also planned to attend the meeting but ultimately was unable to come. A
summary of the meeting follows.
Severson: presented revised plans with surface parking space next to building moved a bit to east,
balcony one foot wider, glass removed from garage doors; windows will be added to first story of south
elevation; would also add skylight above bathroom on west roof slope.
Heide: false sense of historicism discussed at November 6, 1996 meeting with Severson, still feels that
the proposed desigi blurs these boundaries; why not simply a well designed new building?; proposed
design is sort of a carriage house/gazage/house, don't have a problem with a building on the site but have
a problem with a fake old building.
Cermak: yes, but given the building context, pzoposed type of design may be necessary to pull it off,
par[iculazly with relationship to 415 Summit; a totally sepazately designed building would look out of
place.
Heide: okay; balcony and some other details--gable ends, door hoods, etc: -aze misleading historically and
should be simplified; also, suggest adding brackets under balcony to give visual support.
Cermak and Heide: discussed continuous east comice vs. gable; simplify balcony to distinguish it from
the house, e.g., square balusters, iron railing, slats, or simpler hunings; simple door hoods with simpler
brackets.
Heide: okay with transom above french doors but not segmental transom; chimney?
Severson: no chimney (Bradley said after meeting that fueplace could have a painted metal class B vent,
will add to elevations).
Cermak: like french doors with gable above and broken eave line; she and Heide suggested even widening
the doors and balcony.
Severson: differentiate building from 415 Summit with paint colors?
Cermak: would not advise doing sa-the proposed building, the existing gazage, and 415 Summit would
be a goup of related buildings.
Heide: perhaps colors not the same as on 415, or used in different places than on main building; tivs
building shwld not be a fake old building.
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98-357
Heritage Preservation Commission re: 420 Pordand
25 Mazch 1997
Page Two
Rubenstein: should west elevation have a gable and, if so, how should it be treated so that it looks 1�1ce it
has a reason for being other than decoration?
Discussion and ageement about having a gable with a transom above the paired windows.
Heide: should the &ont walk lead to the middle of a wall?
Discussion about a diagonal walk connecting the sidewalk and front entry more direcUy.
Rubenstein: what about the issue of pazking in the front yazd?
Cermak: dcesn't have a problem with pazking in what has become a&ont yard; new property line is an
imaginary line that dcesn't change the perception of the huildings, particululy tha[ 41S Summit was built
on a through lot with frontages on Summit and Portland and the Portland side is historically the reaz yazd
of the Winter House.
Discussion about the possibility of having eight rather than nine pazldng spaces on the site, and which
front yazd space to eliminate.
Commissioner Heide commented after the meeting: this case is a particulazly difficult design problem and
the proposed design is generally much improved compazed to what was initially submitted.
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Heritage Preservation Commission
Case Summary: proposed camage house at 420 Portland Av., File #2884
27 Mazch 1997
Rubenstein reviewed the proposed project, the revised site p]an and elevations, a letter from Ramsey Hill
Association to Councilmember Blakey about the project, and several issues relating to the proposal.
Cmsr. Albers: aze there historic cazriage houses that face the street as the proposed building does?
Rubenstein: there's one on Portland just east of House of Hope Church; not sure if there aze others.
Ron Severson, the applicant, spoke briefly; said the balcony and door hood designs have been simplified;
imagined french doors would have removable grids but full light [without gridsj would be okay.
Cmsr. Buetow: full light would be preferabl�-tend to simplicity.
There was no public testimony offered; the public hearing was closed.
Cmsr. Heide: moved approval of the revised pians, inciuding the east elevation marked
"preferred", subject to the condition that appropriate crown molding be added above the transom
windows.
Cmsr. Buetow seconded the motion.
Cmsr. Albers: is this (the part of the lot fronting on Portland) a front yard?
Rubenstein: responded, in part, that it is sort of both a front yazd and a rear yazd, and explained further.
Cmsr. Aibers: the guidelines say no parking in a front yard.
Rubenstein responded again.
Cmsr. Buetow: this property is historically a rear yard.
Cmsr. Albers: parking ought to be adequately screened from the street.
Cmsr. Heide called the question; the commission voted 11-0 to end discussion.
The motion to grant approval, as noted above, passed 11 - 0.
summary prepazed by Aaron Rubenstein
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98•357
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400 Selby Avenue, Suite M, St. Paul, MN 5�502
Shaping the future of a historic neighborhood in Saint Paul
March 14, 1997
Councilmember Jerry Blakey
Suite 310
City Ha1UCourt House
Saint Paul, MN 55102
Dear Councilmember Blakey,
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At the March 13 meeting ofthe Ramsey Hill Association Mr. Ronald Severson presented a plan
for construction of a residential unit with 4 ground level garage stalls on property located at 420
Portland Avenue. It is our understanding that until about 1990 this parcel was the rear yard of
property located at 415 Summi[ Avenue.
Several questions were raised at the meeting regarding this parcel that could not be answered by
Mr. Severson creating confusion for the ILamsey Hill Board. Primary among these deal with
setback requirements and variances needed. Because of this we will be unable to make a
recommendation to the city on the proposed project without correct information. The Board,
therefore, has asked that your office request an opinion from the City Attorney on the following
questions to clarify these issues. The property owner stated that he will come back to the Board
for review and approval once our questions are answered and the necessary variances have been
applied for:
l) Is it possible to divide a zoning lot thus creating a new lot and, at the same time, taking the
other parcel out of compliance with the zoning code with regard to setbacks and lot coverage?
2) What avenues does the city have to enforce the zoning code and require the owners at 415
Summit to bring their property back into compliance with respect to setbacks and lot coverage?
3) Since the proposed structure is the primary residential structure on the property at 420
Portland, what are the required setbacks and maximum allowable lot coverage?
4) Are there different setbacks required when a lot and new residential structure abut a city park?
5) Prior to the change of ownerslup, a site plan for parking and landscaping only had been
approved by the city. To date no work has been done to meet tlus approved plan. What avenues
does the city have to force property owuers to comply with subnoitted plans?
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98-357
On behalf ofthe Board I want to thank you for your assistance. We will await your response
before proceeding with ourreview.
Sincerely,
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`�Judy McLauglilin, President
Cc: Saint Paul Heritage Preservation Commission
Ronald Severson
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Nov-13-97 12:25P A Toast To Bread 612 778-8805
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ludy McLaughlin, President ��
Ramsey Hill Association,
November t 1, 1997 "
DearJudy,
26 years ago when Niarlou and 1 bought 436 Portland Ave. there were lots oP
problems in the neighborhood more important than the rear yard at 415 Summit Ave. But
with a front yard on Summit and a back yard facing onto Portland , Nathan Hale Park and
abutting the east s'sde of our building, it was clear to mc then that a major design
cantroversy was comin� sometime in [he future. To me, common sense said that 415
Summit (then a drug treatment center) wouid someday want to build garages on this site.
I've always feared that something ugly or inappropriate would be built there. Never, did
l foresee the estended battle that would ensue over severa] different plans proposed for
this site. I think we've been arguing for near]y 8 years.
It was fears and threats like this that prompted a smai! group of us to found the Ramsey
Hill Association, Oid Town Restorations and then the Preservation Commissioa in thc
1970's. Those were dark and uncertuin yeazs in this neighborhood. But now it is c[ear
that tfiose organizations have served our neighbothood very well and have served us well
on this controversial property.
Today we are faced with a quandary. One ofihose organizations, the Preservation
Commission, has voted to approve Mr. Severson's ptan. And now the Ramsey Hitl
Association is faced wifh the following questions to answer.
l, tias the Preservation Commissian made a huge biunder? Is it incompetent? Does Mr.
5everson's plan meet the Commissions' guidetines?
2. Should the Ramsey Hiil Association use its' considerable clout to further undermine
thz Preservation Commission?
At this time it is my opinion that the Ramsey tiill Association should not lend support ta
this appeal because the proposed plan af Mr. 5everson now meots ail of the guidelines of
the Preservation Commission. tt now aiso meets its' parkin� obligations for 415 Summit
and Mr. Severson has made 3 important concessions to the residents of 436 Yortland Ave
(cedar shakes on the roof, a much improved western ele��ation and a plan for the planning
and maintenancz oi the landscaping}. It is now a better pian than we have a legal right to
expect. This new building will be handsome profiled against thc rather plain and
monulithic eastem fa�ada of 436 Port�and Ave.
Rather than support one side over the other I Lhink the Ramsey Hill Associatioo should
send chis issue back to the 2 concemed parties with the request that they Sit down with a
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98-3s7
612 778-8805 P.03
neutrai attomey and draw up the papers necessary to resolve the last reasonable legal
issues. As t see it there are 5 topics to focus on.
i. The Ciarks' legitimate concems that they wouid have the right to rebuild on repair
their garagu in the event of a disaster.
2. The legai scructure should be drawn up for the Gazden Committee. This shoufd
invofve ali affected resideats that chose to participate.
3. The legal structure for long term maintenance ofthe pazking area should be drawn up
4. Assurances should be obtained from the Preservaiion Commission that neither its'
staff or the Commission will approve changes to the enal plan without notifying
interested parties.
5. The St. Paul Building Department shouid eaamine che pazking pfan to verify thnt the
parking plan meets St. Paul Parking Codes.
There is no �eason why thesc issues cannoi be resolved quickly.
It is not easy for me to come forward on this matter because;
1. I have been one of the leading opponents of many plans proposed for this site. Our
small group of neighbors has been downtown regularly for ciose to 8 years arguing
our case. 1 think all oF us qualify for combat status. I've even gone downtown to read
the condo documents of 415 Summit to make sure that iheir parking obligations were
honored. I did this at a time when City Hall and even the residents of 415 Summit
were largeiy indifferent to these obligations.
2. I don't really want to give up the moming sun streaming though my living and
dining room windows or the view of the 2 Spruce trees, 2 Linden trees and the 2
Mapie trees that [ personalVy planted in t3athan Hale Pazk when Dutch Eim disease
devastated our neighborhood.
3. I don't like breakirtg rank with the group that has fought long and hazd to preserve
the architectural integrity of this important lot. ! would much rather say that we had
reached a consensus. But we have not, so I feef morally bound to speak out when the
battle goes fotward even when we should be in the final streich of a very good
agreement.
t'm pr�ud to call myself a preservationist and i'm willing to go to great lenbths to protect
the tristoric and architectural legacy of our neighborhood But aow thai we have a good
plan it is time for us old war-horses to call an end to the waz and show that we can afso be
good neighbors, once we have negotiated our diffcrences.
'Ihere are many that have said that just garages or even nothing shoutd be built on this
site, but these arguments ate seriou3ly flawed because
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Nov-13-97 12;25P A Toast To Bread 612 778-8805 `�8 3 5 7
1, It is unrealistic to think that someone living in Minnesota woutdn't want a garage.
2, We don't own the Iand and Mr. Severson does. Therefore we aze not in a legal
porition to propose plans for his property. And I think our objcctions and questions
must be reasonabte and legal. l think it woutd be unconscionabie for anyone involved
in this debate to have designs on buyin� the land if Nfr. Severson can somehow be
forced to self at a cheap price.
3. Garages would still block the view of the park of both my apartment and the
apartment of Izurel FrosY. If anyone doubts this ihey should go to the 2" floor, rear
baicony at 436 Portland and try to look out over our gara�es. You can see the sky
and the top of some trees, but you couldn't see a park if there was one on the other
side.
4. To the best of my know4edge every good tooking garage buiit in our neighborhood in
the last scveral yeazs has dormers, windows, tall roofs and even fake doors for hay.
At aur condominium we even have a ti�ht and curtains in the gazages 2" story
window. It's as if someonc lives on the second floor of these garages or at lexst we'd
iike to create that illusion. So what woutd be so teiribty wrong if people actually
lived in some of these new structures. ARer all it doesn't takc up any extra land
space.
5. There is no assurance that someone eise would bulld someihing better than Mr.
Severson is proposing. Ail we need do is look around our neighborhood to know
that we aren't protected from 6ad design.
1 am one of those with serious doubts about the effectiveness of the Preservation
Commission. In fact I get angry and fi'ustrated with it. But aRer serious thought t must
come to its' defense. I don't think our neighborhood can make a habit of appeaIing the
decisions of the Preservat�on Commission. lt should only be done when it is clear that
the Preservation Commission has ignored its' own guideli�es. Irtstead we shoufd be
looking at ways to improve it. Therefore, to support this appeal is a very serious matter.
So seri�us that I worry about the future of the Commission. If we aren't careful, peopte
outside the Preservation movement are going to say "those preservationists on Ramsey
Hill can't be pleased. Do they have an endless capacity io fi�ht and a willin�ness to
destroy each other? Are these fights about important issues?" I would like to be able to
continue to say " We are a group ofgood neighbots that caze deeply about our historic
legacy but we are not unreasonable or mcan spirited."
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Nov-13-97 12:25P A Toast To Bread 612 778-8805 P.05
In this particular casc 1 think wc are ciose to the goint where everyone im•olved can
declace victory and feel some satisfaction that the system, even though it is flawed, can
aad does work.
Sincerely, �
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Mervyn Houglt
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98-3s7
Shaping the future of a historic neighborhood in Saint Pau!
400 Selby Avenue, Suite M, St Paul, MN 55102
November 18, 1997
Councilmember Jerry Blakey
Saint Paul City Council
310-A City Hall
Saint Paul, Minnesota 55102
Dear Councilmember Blakey,
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At its November 13 Neighborhood Issues meeting the Ramsey Hill Association approved a
resolution requesting that the City Council uphold the a��eal of the Saint Paul Heritage
Preservation Commission decision for property located at 420 Portiand Avenue for the foilowing
reasons:
1) the proposed structure and existing gazage may exceed the maximum 30% pertnitted lot
coverage;
2) the necessary variances have not been detemuned nor applied for;
3) the proposed paved azea is not in keeping with efforts by the city of Saint Paul and the Ramsey
Hill neighborhood to maximize green space in residential azeas;
4) the proposed front yard parking necessary to meet off-street parking requirements is
inappropriate.
5) the Portland Avenue side does not complement the existing properties facing Portland.
In making this decision the foliowing facts carried great influence:
1) This property is a Portland Avenue lot. At one time it served as the reaz yard for 415 summit
Avenue, however, the lot split approved on June 12, 1990 created a new residential lot with a
Portland Avenue address. The property owner concurred at the meeting.
2) Under the Saint Paul Zoning Code this property has a front yazd along Portland Avenue with
side yards on the east and west sides.
3) The proposed building is the primary dwelling unit for this address. It is not an accessorv
structure for 415 Summit Avenue, even though the design may incorporate certain featutes from
the dwelling on Summit.
4} Section 73.06 (�(3) of the Saint Paul I.egislative Code (Heritage Preservation Section) states:
In tlie case of a proposed new building, that such building wili raot in itself, or by reason
of its Zocatian on the site, materially impair the architectural or historic value of
buildings on adjacent sites or i�a the immediate vicinity within the historic preservatioia
site.
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98-3s7
The proposed dwelling structure carries non of the front-facing features of other homes found on
Portland Avenue or throughout the historic district as indicated by the property owner's diagram
entitled "north elevation" (attached). These features include a main entrance facing Portland, a
porch typical of the residential strucmres in this neighborhood and appropriate azchitectural detail
for the front of a dwelling. This is contradictory to the portion of the Heritage Preservation
Ordinance raferenced above.
4) The proposed sideyazd pazking is expressly prohibited by the Saint Paul Zoning Code.
5) The proposed front yard pazking is expressly prohibited by the Zoning Code.
6) The proposed structure is closer to the existing garage than the 18 feet required under the
Zoning Code.
F'inally, legal issues were raised at the meeting regazding easement rights owned by persons other
than the property owners. While they raise questions about site control they were not considered
as a part of this decision. These matters aze best resolved in a more appropriate forum.
The Ramsey Hill Association believes that the review and approvai by the Heritage Preservation
Commission was premature because the applicant does not have cleaz site control and because
appropriate variances have not been applied for. Neither the community nor the Heritage
Preservation Commission can make a judgement on the design of the structure without
knowledge of where the structure may legaily be placed on the site, what variances may be
necessary or whether or not the structure may legally built on the site. In this instance. the
A�sociation believed the Heritage Preservation Commicsion erred in its decision The applicant
should be encouraged to re-apply for HPC review when control of the site has been resolved,
appropriate variances have been applied for and the community review process regarding the
variances is complete.
On behalf of the Association I want to thank you for your attention to this issue and your
continued interest in onr neighborhood.
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M�ughlin, Presi e t
sey Hill Association
Cc: City Councilmembers
District 8 Planning Council
Ron Severson
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