254238 .. __
o�s�•t to ctc,ctark
ORDINANCE �5��38
COUNCIL FILE NO
PRESENTED BY I ORDINANCE � �
An ordinance amending the Zoning C �,
Chapters 60 to 64, inclusive, of the
Saint Paul Legislative Code, pertaining
to Use Districts, Height Districts and
R�zoning of certain properties in the
City of Saint Paul a� amend�d.
THL COUATCZL OF THE CITY OF SAINT PAUL DOES ORUAZN:
Section 1. That the Zoning Code, Chapters 60 to 64,
inclusive, of the Saint Paul Legislatine Code, pertaining to
Use Districts, Height Di�tricts and Reaoning of certain prop-
erties in the City of Saint Paul, as amended, be and the same..
is hereby further amend�d so as to rezone the following des-
cribed property on the terms and conditions expressed herein
from "C" Residence and Heavy Industry to Light Tndustry, to-wit:
. Lots 6, 7, 10, 11, and 14, Block
12, Stinson's Addition;
situate on the east side of Clark Street between Bush and East
Minnehaha Avenues in the City of 3aint Paul.
Section 2. The property describ�d above is subject to the
following terms and conditions:
1. That, subject to any further reclaasification of the
hereinabove deseribed real estate by virtue of proeeedings
~ therefor hereinafter instituted, conducted and completed
according to the applicable provisions of said Zoning Code,
effective as of the d�te of said petition for recla�sification
:_�; � and the applicabl� provisions of th� st�tutes of the State of
� pa, i Minneaota, the employment of said real estate henceforth is
,-� -�[ � restricted and limited to the �ollowing �pecified use, to-wits
i� .�
-�_;�; ; Light Industry to provide storage area
��� , for a contractor, subject to all appli-
�; C� cable statutes, ordinances, rules �nd
°''� � � regulations prescribed and promulgated
�
� by governmental agencies having cognizance.
Yeas Councilmen Nays Passed by the Council
Butler
Carlson
Levine In Favor
Meredith
Sprafka A gainst
Tedesco
Mr. President (McCarty) Approved•
.Atteat: �
City Clerk Mayor
��
Form approved Corporation Counsel By
. - • .�
Orlslnal ta City Clerk
ORDINANCE �������
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO� �
2
2. That the owner of said real estate, within the period
of sixty (60) days next succeeding the publication of this
ordinance, shall file with the City Clerk, in two (2) fully
executed eounterparts, said own�r's written acceptance of this
ordinance, incorporating, among other things, said owner's
grant unto said City of Saint paul of a negative easement
affecting said real estate, for the imposition, maintenance and
enforcement of the aforesaid conditions, restrictions and limi-
tation� upon the employment and u�e of the property described
herein, approved as to form and exeeution by the Corparation
Counsel and �ecordable in the oftice of the Register of Deeds
and said negative easement and restsictive conneyance shall be
drawn to exclude all uses penaitted in "B° Residence District�,
"C" Residence Districts and "C-1" Regidence Districts.
3. That, in addition to other requir�ments thereof, said
owner's written a�ceptance and grant of negative easement shall
incorporate a certified copy of this ordinane�, and ivamediately
upon the aforesaid filing of the same the City Clerk shall cause
one of sueh counterpasts thereof to be filed of record in the
office of the Register of Deeds in and for Ramsey County, Minn��ota.
Section 3. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and
publication.
JUN 15 1971
Yeas Councilmen Nays Passed by the Co}�ncii
Butler , /
""�� Lf In Favor
Levine y�
A�fCl�' CJ
Sprafka � Again t
� �� y� �7�
Approved
ttest: ce Pre �
,
Ci erk ayor
��
Form approved Corporation Counsel By.�_
: JUN 1 9
PUB�.ISHED
:, c�': ,;
Dvffieaa h lews
ORDINANCE 254238
COUNCIL FILE NO._
PRESENTED BY ORDINANCE NO
Aa Ordinaace atveadinq th� Zcuii� Cod�,
Chapter� 60 to 64, inalnsi��, of th�
Saint pa,�l Leqislativo Cod�e.� p�staiaiag
to IIae Districts, 8eiqht �istri�cts and
le�zoninq of certaia propertias in tht
City of iaist Pau], as as�nd�d.
� COD�IL 0� TH8 CITY O�' SJItl� PAi#L D0�'S 0��
S•etion 1. ',�'hat the Zonisy Cod�, Chapt�sa 60 te� 64.
inelasiv�, o� the Saint �anl E,sqiul�►tiw� Cod�, pertaiai�g to
Qse Diatricta, �oight Districts and �tist�nin� of e�ct�.ain prop-
�rti�ts fn th� City o! Ssiat �til. a�s a�r�d�d. ba � �lut �a�r►
is lur�by f�r�hsr arnei�d ao as to r�soa� th� gollo�ris� 8��-
erib�d pso�rty o� th� t�s� a�d cc�#.t.tons fsp�c�rsMd �r�ia
froa "C' �idsn� aa+d Hsavy Zadost.sY t:o Liqht Z�dttstsy, tt�-�tits
�.ots 6. 7. 10, 11, aad 14„ sloek
. 13. �ti�uoa•s a�ldition�
sita�t+s c�n th� sast si�M o! Clark Stsyet b�f�:wa� f�sb aa� sast �
ltisa�taDa Av�ansr is t�u City of Saiat Pa�l,
S�ation 2. Th� prop�rty d�►acrib�d abov� ia s�j�at to ths
fol].o�ri�q t�r�s aad a�oaaditioaa:
1. '!"hat. ��b ject to a� fnrthu s�ol�ssi�ia�atioe, of th�
bu�ioabo�r� d�acrib�d s+�l �stat� by �irttie o!� pro�in�q�
thss�rfar h�r�inslt�s� inatit�fi�d, coandt,at�el! and vc�l�t�d
aotaordiaq to th� applicabl� proviaioas of said iowir� Cod�.
•tl�cti�� as �t th�r dnt� af said p�titioa iot s�alasailieati�a
aad th� applicabl+s pronriaions of t.h� �tata�t.�s oi tl� �tat� ot
liin��ta. t�a �loya�t of said s��l •stat� �wa�foxtb i�
s�strict�! aa�d li�.t�d to ths lollc�vinq sp�citi��d on►, to-r3.t:
Lig3�t I�dnstry tt� ��r►id� stosag� ar�a
tor a coatsaa�or, sab�act to all applir- '
aabla statnt��. ordiaanaas. rnl�s a�d
r�qulaLi�ns pseserib�d and psc�tolgat�d
by qa�r�►rms�atal aqsaai�r haainq aoqaisa�tee�.
,
Yeaa Cauncilmen Nays � Faseed by the Council
Butler
Carl�on
Levine T*+ Faoor
BMper�editl� ��n�. �
Tede�co
Mr. Preaident (MeCarty) Approved:
Atte$t:
City Clerk Mayor
, �� �'orm approved Corporj�ion Couneel By
. � :.:�.
a.,aat.a rasar
ORDINANCE
COUNCIL HLE NO ������
PRESE�ITED BY ORDINANCE NO �l �
2
2. �hat t� vw�r ot aaid r�si �atats. within t3� p�riad
' of sistp (60) daya aoact socxcNdiaq th� publicati�u of thia
ordina�,� s�tall lila with t'6e Ci�y Clerk, in t� �2j tnlly
ex�at�tscl connterparts, s�►3.d oa+aer•a �rritt�a ac�pt.aaco of this
ordinaoas. iaa+�tspo�catiag. a�ong otl�ar thia�s, said ow�s'•
Qraat �nto aaid City o� Safnt Banl of a�n���w:_�a�ent
af�a�ti�q said s�al �tat�, far th� i�o��itic�, aaiat,sna�,aa a�d
�fos�st of t'!� aforassid aonditioas, r�strictions and liaf- �
tat#+oes apoA the ea�ployment amd as� o! t'hs prop�rtr dfaarib�d
b.rsia, apps�arvv�d as to fors a�d e�cacntion �; the ccarpQra�ioa
Coonsel and raea�dal�le in the of�iew of t� �yist�r 4� D�Mls
aad ssid aegati� faaa�eent aae! r�striati�t �:on�nyaaas sball lss
dt�wa to es�lude all uass pertittsd ia "�" �a�d� 81str3�ta�
"C• �sidenee �istricts aad "C-1• �sai�Mac� Distriats. '
3. T"hat, ia a+dditiaa to ot�r r�q�ir�nts t'h�r�o�, said
dva�r•a writt�n �►cesptance aad qrant of a�qativs �t ahsll
iacorporatr s a�rtiEi6d eopy of this ordina�ra�, aaa��!! itr�diat�l.Y
a,�o� th� �fozaisid fili�q o� tL� saar t1s� Citr Clerk �hsll cavs
one o! sv�ch countfrpaucts th�rwf to b� lilad o� s�aord ia tlut
ofties at ti� �qistsr ot Ds�ds ia aad !ar ltaa�? Com��. ltias�aots.
S�icttioA 3. i"�is orainaacs ehsll tak� aff�et asd bs ia
�os�c� thirtp �3aj 3a;ys fs�o� aad =�tss ita pusaq�. apprcrrsl a�rd
pablication.
JUN l 51971
Yeas Councilmen Nays Paseed by the C ci1
Butler
.Cas3ee�-�
Tr Favor
�� � A�3nat .
3pT�edeaee-�-
JUN 17197'1
Apprnved:
pj�• .Mr. vice Presidpnt Meredith
City f:lerk Mayor
�� `�:
�'ora►a��oveci Corpox�ion Couneel By
. �
. � •
DEEU 0�' NEGAT�VE EAS��EIv�
AI1U r�CC�i'�r'�i�TCE �b' ORUI2ITNCE
TkiIS TNDENTURE, made and executed this day of �
, 1971, by and be�ween Harry L. Gilbert, of the County
of Ramsey, State of Minnesota, here3_nafter designated "the first
party" , and City of Saint Paul, hereinafter designated "the
second Par�y" ;
WITNESSETH:
WHEREAS, The fiist party, on and for a conside-rabZe period
c� time next precedi�ng� the day of , I.971, was
and ever since sai.d date has been owner of all of the following
d�scribed real estate situate in the Ci.ty of Saint Paul, County
of Ramsey, State of Minnesota, to-wit:
Lots 6, 7, 10, 11, and 14, BZock
12, 5tinson' s Addition;
and
WHEREAS6 Said real es�ate on said date and for a co�n��.der-
able g�riod of time next preceding the same` was zoned and
cZassified in "C" Residence and Heavy Tndustry un:der and by
virtue of Chapters 60 to 64, inclusive, Zoni�g Code, �aint P�ul
Legis].ative Code, as amended, and pursuan� to the petition of
the first par�y the Cauncil of the aecond partyr according to
the provisions of said Zoning Code, as amended, and the Statutes
of the State oi Minnesota, in such cases made �nd provided, with
the written acqui�scenc� of the owners of �wo-thirds of the
se`�eral descriptions of r�a]. estate situated wi�hin 100 fee�
of said real estate, duly enact�a City o� Saint Paul Ordinance
l�o. � C.F. I�a. , approved , 1971,
ancl gublishsd in the Otfic�ial. Nevzspaper of th� second party on
. �
, , the day of e 1971, am�nding said Zaning CQC1E� • �
as amended, so that ��id hereinabov� described real estate �ras
thereby and thereunder rezc�ned a�.d rer.lassiiied from "C" Resi- •
dence and Heavy Industry to Light Industry, subject to special
exceptions and cor.di.tions in rhe nature special. restrictions
upon the use of the same whereby the use Gncl employment of said
herei.nabove described re�l estate was restricted to the following
uses and employments, subject ta ��rther rezoning and reclassifi-
cation of the s�m�e by virtue o� proceedings �herefor and here-
a�ter institutec3o eonducted and completed, according to applicabT.e
provisions of sa�d Zaning Code, as amended, and o� statutes o�
the S�ate of Min�nesota, to-wit:
Light Tndustr�y tA grovide storage area
for �. coi3tractor, subject tp a11 appli-
cable statutes, ordinanees, rules ana
regulation�s prescribed and promulyated
by governmental agencies having cognizance.
and
� WHEREAS, th� first par�.y, for himself, his heirs, adm�.ris-�
trators, executors and assa�gns, intends hereby to accept �aid
Ordinance Nca. P and to provide for tlie imposition, mainte-
nan�e, and enforcement af such special restrictions upon th�
use of said hereanabove described real es�at� to run with �he
land and to gr_ant unto the second party, in further �ompliance
with the condi�a.on�s of said Ordinance No. , a negative
easement therefor;
NaW, THEREF0�2E, the first party, as such owner af saad
h�reinabave d�scribed rea�. estateF far himself, his heirs,
�QXn1.t.:LS�Zu�01"�, c:ai'r.'C`i:t�:�a:� c.��,;3..'i' �^w:..yP.^ _ �nes }l°_r@b1� r3eI2� h�_1:lSE'�.�F
his he:4.rs, administrators, executor� and assigns, unto �he second
party that, �n accordanc� with said Zonir�g Code, as amPnded,
2
�
. _ _
particularly as the s�me has be�n am�nGC� �y said O�dinance t1o.
, said real �state ha� ��en ��fec�ively restricted and
limite� in respect af it� use a�d employm�nt and sha11 henceforth '
be restricted and limite� in sixch part�cu'lar� as follows, to-wit:
. l. That, subject to any furth�r recZassi-
fication of the hereinabove �escr�bed real estate
by virtue of prnceec�ings therefor hereir�after
instituted, canducted and co�npleted according to
the applicable pr.ovisions of said Zoning Code,
effective as o� the date of said petition for
-reclassi�ication and the applic��ale provisions
of the s�atutes of the State of Minnesot.�.� tne
employment of said real estate henceforth is
restricted and limited to the folloti�ing specified
use, tc�--wit:
Light Tndustry to provide storag� area
for a contractor, subject to all appli-
cable structures; ordinai�ce�, ru.Zes and
regulations prescribed and promulgated
. by governmental agencies having cogna.zance.
and the said first party, for hims�lf, his hei.rs, administx•ators,
�xecuto�s and assigns hereby c�rants, conveys and warran�.s un�o
the second party, sard City of Saint Paul, as such municip�l
corporation, in trust for �the b�nefi� of the publ�.c, a perpe�ual
negative easement 'in and te said herea.n�bove describ�d real
estate ar�d all tner�of, for the imposita.onP maxntenai�ce �nd
enfc?�cement by tl-�e second party, as �u�h mun�_cip�l cnrpora�iot�,
o£ the afores�id r��trictions and l.imit�.tions upon th� use and
2.Iil;�J.l.Ux°Ill-Z,'T'i'C OT Sc.�1.C7 I1��TC°'lltc�.13GV't,-' Ci�G'uC:CI.'CJ�C,i "�::ct� �a:.d.'"t:f�'� <.C7 k�'i:iit 'i71t`.�i
th�: laiic�, a�1d for good and valuable consideration, the rece�pt and
su��iciency thereof by the first party hereby is acknow�ledged.
3
�
FURTHER, th� �ir.s� parf:y mak�s ref�rence to said Zoning
Code, as am�nc�ec�.e an� b�r z:e£er�nc� znrorgorates the same herein;
as par� hc�reo�, �i�h t�ie sdme :�ntcent, purpose and effect as if �
said 2nning Code, as amended, ��t�re ful)_� set forth herein; and
malce� further r.�fer��e� to said am�ndatqr� Ordinance No. ;
dnd said first �arty, for himself, his heirs� administrators,
�xecu�ors and as�igns, hereby accept� said �mendatory Ordinance
No. , and ev��y �rovision, te�rrn aMd conaition of the same
without reserv�ti�n o�: ex.ception.
:CN TESTIMONY WHEREOF, said firsL- party, Harry L. Gilb�rt, has
sc�t hi.s hand to ��iis ins�rumen� as o� the day and year firs� above
written. �
In Pres�nce Ofo
� HARRY L. GTLBERT
4 •
STATE OF MINNESOTA �
} ss.
COUNTY` OF RAMSEY )
On this day of , 1971, be£or� me,
a notary puhl�.c witha.n and for saic? County� �ersonal�.y
(��geared Harry L. GilbErt, to me kna�rn to be the p�rson
ciescrib�d ine and who executed the f�regoinq instrument, and
�cl�novaledyed that he executed the s�cm� as his free act and
d��d�
Notary �ubli�� Ram�ey Co. , T�aa.nn.
My commi�sion expires
�
�,;;Y g
' � ,'' February 18, 1971
BOA�RD OF ZONING REPORT AND ACTION � March 4, 1971
., pri ':,.at "1a;��.._��24_ ------ ---
�
Acting under Legislative Code Chapter 60 thru 64 - ------,
�---_�._
passed August 22, 1922, as amended to Januery 27, 1971. I 7099 �
;
- ^�f>.'i`-: . Harry L. Gilbert � ! '� �
I
� � � . ��•�- i��%�� � X� Amsndment � Appeal ❑ Permit � �)t'�er X-998 �
-- .V._._. __.
,,T.. Rezone from "C" Residence and Heavy Industry to
. . ��i,��, �;:,.. ,
Light Industry to provide storage area for a contractor
� ��'%� - � �`%" : East side of Clark Street between Bush and East
Minnehaha Avenues
� _�;�`^�, � �_<iE-'�1'f'�;� �,
Lots 6, 7, 10, 11, and 14, Block 12, Stinson's Addition
.''=�S'�.���� ��.:�?:?�`J'�_ "C" Residence and Heavy Industry
, �-���;�>>•,:;�� 1'�, lonin�� t;f,dA !:ha��er; 64 Section: .06 F�3ra�raPh:
�;T-<:< < � �:�v`�����"i�:�ATI���t�J � �z�YC�2T; Date; 2/11/71 �3y; ATB
A. SUFFICIENCY: In a letter dated 1/29/71, the Commissioner of Finance declared the
petition sufficient with the owners of 18 of a possible 25 (72%) tracts having
signed.
B. HISTORY� There is no zoning history for this site.
C. PROPOSED USE: The petitioner proposes to use the site as a storage area for a
contractor.
D. FRONTAGE AND AREA: The rectangular parcel has a frontage of 200 feet along Clark
Street and a depth of 122 feet for an area of 24,400 square feet.
E. AREA ZONING: The area adjacent to the north of this parcel to Bush Avenue, as well
as the railroad property north and west of Bush Avenue, is zoned Heavy Industry. A
Light Industry district fronts on Bush Avenue one block east of this site. The
remainder is zoned "C" Residence. The northerly 20 feet of this parcel is zoned
Heavy Industry while the remainder is "C" Residence.
F, COMPREHENSIVE PLAN: The Comprehensive Plan calls for a collector street running
in a W-NW'ly direction through this block at about the southern boundary of this
site to Burr Street. North of this street, the Plan recommends a Limited Industry
district to the railroad property. South of this street tt�e Plan recommends multi-
family development.
G. SITE CONDITIONS: The site has a steep slope from south to north on its south side
and is wooded.
H. AREA CONDITIONS: To the north are the tracks and yards of the Northern Pacific
Railroad. The north line of Bush Avenue tapers to a point with the south line of
Bush Avenue east of Clark Street. Clark Street is unimproved and not useable from
a point approximately 200 feet north of Minnehaha Avenue. An industrial use
adjoins the site to the north and east.
9. BOARD ACTION: To Recommend � Approval �X Denial Council Letter
Dated:
Moved by , Benshoof Yeas Nays 3/23/71
X Ames - Ch. Date of
Seconded by: Mrs. Cochrane X Cochrane Hearing:
McPartlin
Secretary's remarks: X Maietta 3/25/71
Mansur Council Action:
X Benshoof k��Q.�r�t�
Dooley Date: VN�c�e �r.
Prifrel � ''
�_�
y, BOARD ACTION: To Recomnend � Approval � Denial Councii Letter
Dated:
Moved by : Mrs . Cochrane Yeas Nays 5/4/71
x Ames - Ch. Date of
Seconded by: Maietta x Cochrane Hearing:
X McPartlin
Secretary's remarks: x Maietta 5/6/71
x Mansur Council Action:
Benshoof
Dooley Date:
Prifrel
. HARRY L, GTLBER7r (2/�sl��> (coR��na�a�:
would be incresaed as a result. She was eold that �n�.y the properCy i.n
questiot� would be changed to Light Lndastrial. z�nixt�, Ti�e R�-►;�rd a��knc�wledged
thst they could not a�ke tax valustio� determinatians.
Mr, Paul Damico, 759 DeSoto Street, poin.Ced �ut that i� the a?ezoning petit3on,
the pet�itianer noted it would be used for storage. Alre Damico ask�a what
wauld happen if the petitioner sold the pr.oper�y anci th� nesa ow��r did �xot
wish to use it for the same purposeo He said thc nefghbors �:av� �z� guarante�
th�t the property would generate tsuck ��aff�.c on re�id�ntial stre�ts o�ly or�e
or tcao days per week.
M�. �eCarlo, 741 Clark Srreet, not�d th�t r�sidents da s�o� c€�e to haee their.
reaidential. streets used for couane�cia3. pitrpos�sa
A l�dy £rom the neighborhood noted slie has liv�d in �he �,�igt-=b��hc�d .�.=,'.nc� sYce
was 8 years �ld, and said there �re matiy tr�cks tha� use the st��ets x�ow.
Aside from tk�e traffic pat��m, gir, Y�'i�nsur aske�3 if th�;re ar� ��y �t�,jecti�ns
�o the wmy the petitioner uses the prop�rty nc�w. He no�ed ir_ m9�h� �e an
improvement if a fence is erect��i and �he c�Id b��.id��.�s are i:c�x��i �Jwm,
Mro bamico said tha� if this land is re�o€�ec�a it wili es�ea� tY-�� z'oor for mare
iadustrial usese `The area has s �mall eataugh r�side.-�t�i�t�i c�saanc��xity w:;fihc�ut
becoming a minority use because o� ?�adust�'3 s 1 ai,s�s.
In regmrd to a qu�stion abQUt �he r�sidr�n��3.mI valc�e �� ��hp 5_i�e ir� rel���nn 20
the rr�ilroad, Mr, Rosette� pointad a�ut �hat th�e r�a,l�:rs�c� us�s ad�acen� �ropea�ty
as a switchi�g yard, which means �h�:� is mu�h �.ocar��,�tit�� t���fz.e�
Mr, �Iaietts asked i£ it could be rezoned acad l.izn�te� �:e� � c�x�ta.;.r� �as�., Mr, Ames
replted that a negative easemen�t could �� �;rployer"., i,l�.�i5;3ti,gl'� i� 9M a� �wlc���rd
thing; with home besury shops, the p�og�rty usec3 to �� �ezorEd ��c� °'C" Residence,
and then if the pxoperty was sold, �he zoning r.�?maia�e:d "'G" Rrs:ta:���acee A� present
therL is a pr�vision for haxne occaapat�o�czs to e��.min;�LE �'ne necr3 �n�r ���.vning a
resfden.tial are�. Mra Ames suggested �l�a§.: thf� �e'��.*_ao+�. �e �e��c�r��.d �:o th�
City Attnmey°s office for an o���.nion,
Regarding ace�ss, Mrs. Cochrane quest�loned ing?:�s� €actd �:;r�s�, a�nd �asked :sbout
a re�art froffi the Trafff.c �ngine��. Sh� ��.so �a:�cl s�:e� ��a�ats �:.� ma'=_c� su�� tt��
petiti�nex w�uld comply wf�th th� restri.cti�nv �f � �„�ght; ��adsi,�.l�r�:,_ d�.str.:.c�o
Mre %setter �o�nented th�t in �es�ac+n�� tsa ttii.s n�ti�,.�p.ti, tt�e ���:i��g Gesf�
prod;aced som� proposals for tra££ic �rruting in �t?e a����� ���:rinf, g�ch pAaiis
impl�m�nted is another tt�ing, hoc�rever. ror sucta � s�:s�3y, �he C�amp�et�c�asAq�e
Plan �Ls avai�.able, and oth�r aL�erna�iveg h�ve ??een ���ax�C��l rei.f� 1_.� '::he ?.�st:
couple af da;�s.
Mr. .�m�s saicl the pets.tioner's att�oxney scat�d t�a�r� '.s �.�� a>��aex e.�nd �f:;a�er on
the ;�remises, and if this was dev�Z�a�ed unc3er "�" f��:::sid���a<�e ���_.���� ��v t1��
propc�rty own.ers along the street caould �Se �ss���s�d :.":�r s��a��; �.3zaf� wate�,
_�a
xA�ttt� �� �ILSEtt2 (2/ls/71) (Co��inued�:
3ince some limitations may be needed, Mr, Mansur said th.is petit3.on sh�uld be
refer�ed to the CiCy Attomeyo Mr, Ar�es agreed �here may be �ome poasibility
of a negative easement and deed restrict�Lorna Mr� Mansuz said it might be
possible to limit the petftioner to load weightso
Mr, Hiniker �aid the practical problem for the peti�?_otier is �h�r if he is
held to 25°/, of the area bein.g used for open storage, w�.thout water and se�er
it wauld be difficult to provide buildings for �a�clo�ed s�oragee He requested
that if the Board considers the possibility of a negHtive emsement, thF�re be
some laxity of the 25% open stoxage re�uirement. Mr„ A�nes said fihere �.s no
ord inance th�t a l lows a var.�ance wi thc�ut an appea 1..
Mr, Hinfker said it mfght be economically impxa�tica:. ea us� ��h� p�apes�ty for
an.ything elseo
Mro i�iaasur asked if it is the p��itioffier's pla� �a cont�mplat� m4�� using moxe
than 25% of the land for open �toragee Mr. Hiniker re����d tl�a� ii they wanted
to u:se I00% of the property, 75% wou�d h�ve to be exscla��d, a�,ec�ding to the
Code.. From �n insurance st�ndpoint, without watex tt�;s would �e i�pr�c�ical,
The �:apography of the land makes it infeasibl� to irsta'�.1 aew�:�r an� w�tero
Mr„ Gilbert pointed out that in ordex ta improve the l�tbd, the zan.ing has to
be ch�nged,
Mr, Aisnsur w�ndered ff the Board �.s empn�aered to requ�.re a speci�l�iuse pezmit
for this type of facility,
Mr, Srown noted that if the land Faas used ss it pre��bnt�.y i� ,rior to ?92L when
the i:on.ing �dde was incarporstedy it would be cons3.d�r��? a le�ral �s>n-ccanforming
use� Mra GfLbert said ttcat if he could inst�lk a 6z-•:��ot higia �unce w..�tiaut
rezoi�ing, he woul.d wfthdraw hfs rezoning petit�mn. Air, t�anes noted th8t �he
fenc� ordinance states it woald be 6� feet high, and the L�red �amu1� have to be
zoned C�erc.i�Z, Light or Heavy Industry, Mr� Brawrz nn�ed 'chaL the rx�ont
setb�,ck woe�ld have Co be maiatained, wtnf.ctz is ].09', of tin� clegtE� ef tiae �.oto
Mr, Ames noted it may sti11 be a vioiation. izx xegard to �p�n stcragp.
A woman from ehe neighborhond asked if �hEy r_ou�.d tr��st th.e peti.ri�nex to erect
the fence as he has promised. Mr, Darnico said resi�en�s �re ��csnc�rned �bou�
this matter since it is their residentiaZ area. Mro Ames noted th3g tF�e uae
has been the�e for more than 40 yeax�, and he f�el.s i.t m.�y tae �; le�al x�Qn-
conforming us�d
In order to ab±t�in a lega� opi.nf.on from tl�e City �►tto:�ey's o.��i�e in regard
to tr�e possibility of a negative easement, and eo �eceiv� a �-�:�:o-�t �ra�n �he
Traffic Engi.nFez ia regard to ingress, e�ress, �nd ress�r3c�:iv».� �.r± �he traf�ic
patt�rn, Mr, Mansur moved for � iayover of th9.s rezo�.i>��; p�ti.�io=i t� ti��
Marct� 4, i971, Board of Zcmiaig me�tiizge T�e �:ar��.on s��g :�e�onc's�d �y� �I��. T�i�iete�9
and carried unanimouslyo
-�o--
. HARRY Lo GILBFRT (2/18/7I) (Continued):
Mre Ames explained that if this� land wa� rezaned by �eans of a neg�tive
easement, and the property was �ater sold, it would revext back to ��s
original zouing. He instruct�ed the petitionex and his attorney to make
an appo4.ntmeat to meet with him as City Architect to c3��cuss the various
aspects of ehis rezonfng, and pos�ibly this could be resolved withnut a
change in the zoning aince the petitioner really desa.res to imprave tlte
land with a fence.
Submitted by: Paul Lo Rosetter Robesti Z, Am�s, Chairman
I
I
�
I
�
��
�
-5- �
� . MINUTES OF THE P[1TdLIC HEARING BEFORE THE BQARD OF ZONING
, on Thursd�y� March 4, 1971, at 2:00 P,M�.
PRESENT: Mrse Cochrane, Messrs, Amea, Benshoofp aad Maietta of the
Board; and N;essrso Brown and Rosetter, Mrao Frantzen, and
M�ss Perkins a£ the s�affe
Mro Maietta moved for approvaL of the minutes from the February 18,
1971, Board of Zoning meeting. The moeion was seconded by
Mre Benshaof, and c�iried un�nimo�asly.
HARRY Za GILB�ERT: A petiCiota to rezone from "C" Residence and Heavy
Industry to Light Industry to provide storage erea for a contractor,
property located on the east sid� of Clark Street between Bush and East
�iinnehaha Avenues.
This matter was laid over fxom the I�ebru�ry 18, 1971, meeting in order
to get » Iegal opinion fram �he Ci�y Attorney°a office in regard to the
possibility of a negative essementg and to receive a report from the
Traffic Engineer in regarci �o ingress, egress, and restrictions in the
tiraffic pattern. It was aLso noted that Mr. Ames as Gity Architect would
meet with the peti�ioner and his attorney to discuss the various aspecta
of this rezoning, since it seemed passible this could be resolved without
a change in the zoning since the petitiouer desix�es to improve the land
with a fence. °
Mra Rosetter presented a site pla� and photogzaphs �o the Board, and
explained that the petitioner n�erely w�nts to ex�ect a fence on the prapertyo
Mr, Ames pointed out that the pe'titioner°s attomey met with him about s
week �go, and noted that the petitione� purchased the souther�iy 2 lots
recently, Mr, Ames said thex•e ic� a question ar to the status of the
property being classified a l.egal. non-conforming use. By ehecking the
records from t[�e Building Dep�rtment, l�ir, Ames noted tin�t certafn lots
have been used fer storage since 1883; and som� of the loCs had no record
as to use. Five lots are inve�lved in the pr�sent rezaning petition, The
files indicate history att 2 of these 5 lo�sa on �aot 6, the record indicates
that in 1888 the prope�ty also kn.cnm as 7%0 L'lark Strezt received a permit
for ,a dwelling, On T,ot 1C9 th�re wss a permit issued for the Dayton Bluff
�ement Warks for an additinn in 1933, Mr, Ames pointed out that the reason
for the rezaning petitian w�s for pernyissfon to erect a barbed-wire fence
on the I�rwperty. He inform�d the petitioner°s attoruey that he could get
a permft to erect tha� type of fence by appearing before the City Council,
regardless of the caay �he l��ad is 20tt�d' without ch�nging the zoning.
Mrr Ames talked to Mr, Padtl. Damica, one of the concerned neighbors, and
noted that the s�e�a �esidex�ts are oppo5ed to the type of business the
petitioner has on the prap�gty.
Mr. Rosetter pointed out tta�� the st�ff has not received a Letter of
withdrawal for this petition as y°eto
-im
HRRItY Lo GILBERT �3/4/�1) (Continued�:
Upon a question �y Mr, Benshoof regarding Lots 11 and 14, Mr� Ames
indieated that these were just recently pugchased end used for storage
purposese
Mr, Faul D�mico. 759 DeSoto Street, not�d that he spoke to Mr� Mike
SauroA who had recently owned the t���o lots purchased by the petitioner.
Mr, Damfco said �he petfeioner bought th� lots last spring, and plowed
them underm
Mr� Benshoof asked if the 2 south�rly lo�a are the lots of main concern
to the neighbors, or whether the neighbors object to that use o� the
land altogeCher. Mra Damica pointed out that the neighbors all assumed
that the land had been zoned properly far the way the Iand was bein�
usede The petitioner apparently w$nts to erect a €ence, and then move
the storage m�terials near Mr, Bamicd°s property. Mr, Damico presented
pictures of the area to the Bosrd.
Since ther� is still the question of the rezoning �o Light Industrial,
Mro Ames feels the Board could act on the matter by either a fureher
layover, ar by a vote. Mro Maietta though� a Corporation �ouns�l°s
opinion shou�d be obtained to see if a n�gative ��sement could be
employed in this ma�ter. �f � negative easemQnt w�s employed, Mr, Maietta
said the zoning �auld revert back to its original zoning i£ this property
was ever sold. Mro Brown of the staff cZarified that statement by informing
the Board that a deed restrictiQn could be placed on the land; the zoning
would remain Light Industrisl and only be used for open-air storag�a He
noted that this type of rest�iction dc�s cause problema, since the policing
af the testriction is somewhat canfusing.
Mr. Damico noted that he is strnngLy apposed to the usQ of Che land at
present, and said that i£ he had known it w�s b�ing used illegally, he
wou�d have filed � co�pleint long agoa
Except fo� perhaps Lot lU� Mr� Ames said he �oesn't feel thfs is a legal
non-confaxming use,
Mr� Benahoof said the question seems to be thaC by thfs r��oning petiCion�
the peti�ioner could losp Che use of the property at present on the northerly
�ots.
Mrs, F� neCerlo, 741 Clazk S�re�t, noted that the petitioner re.cently
purchased the 2 lots in question, �nd she �eels i:his was done with �he
iutention of utili�ing th�m for op�n storageo He would then h�ve "more
3ank" t�ere than at ehe pre�ent t�me, end the re�id�n�ial street� would
be used even more �;. � truck tr�ffic. Sh� noted there are a lot of children
in the are�, �nd sgfe�y i� a ma jor coc�cern of t[�� rea:�dents o
As � m�tter af oi�servatioa, Mra Maiett� mnid th�t since th�.s land is zoned
"�" Residence, ��ze 24�000 sqcaare feet couLci be deveLagaed f�r an apartment
pro�ecto Ho4aever, F�e noted tha� sewer a�d raa�er �re at�t in there.
Mrso DeC�r10 poix�ted out ths� eruck trsffic woua.d l�e much d�orse than car
tr�ff�.co
�z-
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PflV� E-�11 �� EHflHfl CO�1 �lU �ITY COU �CII
715 Edgerton Street • St. Paul, Minnesota 55101
_.--
� '
��,� �A
OFfICERS May 3 , 1971
_.r� -�
;�,.,-,, �-- ,=
�,:. :r �
PRESIDENT _ Fc �
Richard Richie —`S� �-
-� -
VICE PRESIDENT `->�;� -'
Richard Bartell ` R? _ „
�:t �---
RECORDING SECRETARY
Mrs, Eleanor Edmeier
CORRESPONDING SECRETARY
Mrs. Carole Bartell C1�! COUT1C11
TREASURER Cl'Ly Of St. Pau 1
Mrs, Paul Bebeau, Sr, Cl�}J H811
ADVISOR St. Paul, Minnesota 55102
Lamoine Knefelkamp
Members of the Council:
This is in reference to the petition of Harry L.
Gilbert to rezone property located on the east
side of Clark Street between Bush and East Minne-
haha Avene from ttC" Residence to Light Industry
to provide storage area for a contractor. This
property is further described as:
Lots 6 , 7 , 10, 11, and 14
Block 12 , Stinson's Addition.
We of the Payne-Minnehaha Community Council do
not feel that this rezoning should be granted due
to the opposition of the residents and the ease
with which other industries may move into the area.
Very truly yours ,
THE PAYNE-MINNEHAHA CONIMUNITY COUNCIL
�-d,� -
���
(Mrs.) Carole J. Bartell
Corresponding Secretary
"cS�zessin9 elEtzena �azElal�ation foz eommunit� �m�4ovunenEi'
We �he people indirectly affected by the rezoning of
Lots 6-7-10-11- & 14 Block 12 Stinsonts Addition are definitely
opposed to the rezoning this residential property �ecause there
should be no further expansion of industrial establisments in this
neighborhood. It will deteriorate the residential portion also
bringing added traffic which will cause greater hazard to the
children ini this area.
'��� NAMF� '� '� �` t ADDRESS .
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We the people , within 200 feet, directly affected
by the rezoning of Lots 6-7-10-11 & 14 Block 12 Stinsonts
Addition are strongly opposed to rezoning this residential
property because of the inteded encroachment of our area for
use by light industry.
NA ADDRESS
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We the people indirectly affected by th� rezoning of
Lots 6-7-10-11 & 14 Block 12 Stinsonfs Addition are definitely
opposed to the rezoning this residential property because there
should no further expansion of industrial establishments in this
neighborhood. It will deteriorate the residential portion, also
bringing added traffic which will cause greater hazard to the
♦
children in this area.
NAME ABDRESS
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M7�nJTE5 OF `TI�E FtJSL:�� ��RTni� 13i��!�'C;�� ��'�� E+?�:>..i`= �J� �S;hd���T�:s
- oY2 Tht�rsc�a�, �'e���a�y 3 S, 3.91i, a� �:�J� 1�,i�i�,
FP,,E�yNT: Mrs. Coch�ane, ��ssrs. A�r�es, `;�Ia:i�t�:�=, ,n.d �Iaie.s�ar c.: �_i�: �oarsl;
� 2P_� .1��&uI'S. ��C3�v-ii uTSC �i��:�2.`Cr_"."� ciI:� 1ix.'8. 1!.:'::^..i:i.-'.il i�i _.:1 '��f:.
. E: S t.�
Mrs. Gochrar=e moved �or �pprov�l of �he .�,i�^��es from c�::� .�'e�s.��ea�•� 4, 1971,
Boaxd af Zot��.ng mee�in�. '�t�e motic�:n .aas secotided �}= i�i1.�. Nb�i� 'v�.��, and
carx iesi ur���imaus 1y.
HAR�Y L, GILF3E£cT: A petits_on a:� c^zc��.e �ran "C" Re:�zci���.v� �r�d Fies�vy ��.du�try
to I,ight Tndustxy to provi�e 5t�ra�� �rea �=or a con��a���r, �:eE�cb�YVy �.c�c�ated oz
the east side o� Clark �tx��et between f��:s:� anc� �ast �1in�e�aai.z�.� �,��niaes<
Mr. Rosetter su�rized the sL�if repo:�t, a ��r� of �_ti` fa.ln, st_�t�_nb ;.hat the
north 20 feet of ;.he sub ject p�s��erty is p�es��F:�.y zc�2e:�� �e?�ry r;�dzcstry; the
remai.nder is "C" �Zesidence LGnc�. ?'h� ar.e� ad�����n� f�o the �c+f:ti? oi' ,iais parce�.
to E�ash Ave�ue, as wel� �s �he *�ai�.ra�ci proper�y nor�_�� �nd �„E,s� o;' l3ca;;h �v�nuey
is zoned I�Ieavy Iradustry. A Li�ht �n.dus�:�y c�ist>:.�t -`rc._�:�;s c+�:: E��Y� A�r�n�.ze one
bLocl.t east of this site. The Comprehe5asi�T� �'1�.,. �a��.s �or � c���.�chctUr s�:xeet
runn.ing iY-a G wesL-erly-izc�r�hz��s�er:�� dz.r�c�iot� t�ax�s�u�n �.i�is �P.c�c:� :.��: a�aov.t the
souf:hern hour�dary of this side t� ��ar� �L-ree�. �'or�h csf thi" s�:°eet, ct��e I'la�.
xecc�nmends a Limited Indusf:ry da.s*e�ie�. .r_o �t�..� ra?1rc�acl pAop��:��y. Sou�_E-� o� tlzi�
street, �ne �'1an recommencis n�z:i�i-fGa�ar1,, :le�9e�.o�-�erar. 7'he si�� Ez�:s a s����
sloFe from south f�o z�s.�th �r�a i_�:� seut?�. ;:i.ie. a�c� �.� c�r�c�ed. ?��i�, I,c^-se�`.er ��ssed
aroc;nd pic�ures of th� si�e ��v t�te �a��~c3. He �o�.�d �[�c��e is a p'?��z�?tag Pro�Ien
iiSVQ��7�?CI W1.1.`'Ci ��11.s a"3:1"E.'S', s�.t1C` 11i. ).S a :."e3.'_Ce°t'.Y:i_:�� e?:".i?c-� ��"'n"d's: :'°.S �_�^-.6'b�.ai:P_G' �Z•t'em
the rest c�f �.he city b5= td�!e ��i1ro�.c? '_��;c�c�-, .-;n.� cor�st�.z�x��s � �-�e���hh���ho�d of
l�ss tl�an a sqt�are mil.�. This 4nak-�,s 3_i: r�;fii�u:�.�: tc u�t:�rmS.r�F� k•t��ir� s�;;��z�� be
��camn�`rtded :_or the area. ki.�:l.vays �v-r� p_rc��usry.:1 in �l-�� soute.�r�: p�>� �E cfiis
are�e Tf this parce�_ zs xez:;�re;3, t,�.e:r���� ,�;�;�]d b� ��iec�� u�or._ f��-te �4azSic
sitUa��ion in thi;� ar2�. �1::v ta�:���f.r: �c� �.�� �i�� �aou1U t.,awe tc� uti'�.i�.r_-
resic�en[ial :;treets at soni� g=�i�.t; C�.ax�k; :��::�r� ��, r��: u�v�ls..��ed, La.et 13���to
S�reet is develop�d. And�he� c�:�sL�i��€Ci•�:-� m,-y ¢,e th� �:"f��.t �f �:his ��zoning
on the teradPncy C�zaard �uf��.hcr. �ndu�i.ra.��li._�:�,:i��3 zn tiae are�. Ir w�uld create
a tra�£�c sztuation �a':icf-� wou1� i���Tai�e: L�:,i_c��:.:c�•?_:�_aI :,�:�eLts.
Mrs. Cachrs�e noted t°a�t zf �he only �=cce�� to ;�iie ��s�wness ��ould �:: t.���
rE.'S�C�@L°a�la�. St�re�;.:5y SY1C �"�E.?l.� ��1C."3� SC7.'e�_'i,E� fl�;� i7c� #:.�U i7.e'i�'I'JT.+', �.7g7&? a37.:s�vC� �Y��W
wide tl-�ey are. M�!-. �.4se�.te� suid �;ixe3r ��•e �ne °;crmil�. ��idth : t �F=:h.c3e��xt:�ta1
street5.
Upon a qae5tian Ly N*_-, Pf�n�u�' r�a���;::�.r� u�a�:�� r�.� �}�-� c�,_�cY.s '�3:� �ea�v;� �:x•affic
ax�d equipmen�, Mr. P.as�f:ter S21�a �n.e prc�pz���.3. i� *cs ;3:e the �r�,s��tS,� foa°
storage of a bu�_lding ca�z�ractr��-.
Represent�ng the �e�.it�.s�!zer w�s at�:o���?ev ?3?.ctc. :'?_���alc_.w°., :1i�� �;r,��;�;�tj .�'�.�+,: tHe
proFerc�� W�t1wC3 �7E.' tlS2C3 �fJ� S�fl'�,3�;� i(3?' .: �e?i'�r?t^�;i. r_.��`�¢',�`�G�fe�� .7'�ta L+3Ci1.�_ti t7G.
lzmited to n��s�.l.q brx.ck ancl �ras;�r.ir� ma�-er����.o �•i�:., �i�c�^�, ��t�= ��.z:�_�:�c+r�ec,
t10�E.'C� $:�.d� St3iT1E'�=�III�S W�Q4SS p'�'Sa^ C•7�L`e10lA�: �3.'Ew "(_'�^a�Cl�?1'?.i:S.�� S�r�O�3 i:.'^.'.:i::].b LtS�'_�� �JJ
his comp�any>
Kl-
HARRY L, GILBERT (2/I8/71) (Gontinued�:
Mr. Hiaiker explained that the petitio�er wishes to rezone the property to
legalize a use that has been there under his ownership f�z the �ast 1S years.
He orfganally acquired the Land I5 years agn, and thP Arior azmer also used
the land for sCorage purposes. Sc�ffoldfng and �qu3.pme2z� wo�ld be stared
there. A dump to the south was purchased for fur.ther storag�, �1�. Hiniker
said he want� to improve the property, by installing perman�nt fencing,
Clark Street is platted buC not ine �e no��d there is no se��er or water
there, and the ateep hill makes i4 unlikely tha� they would e°aex be put ino
Access is along Bush Avenue �o its int�rsection coith �'.ark S��eeL•,
Mra Hiniker noted the petitioner doesn°t con�emplate anyp gre��ex use cf the
pro�erty than what is there at the present ti3me. Sizc� it z: ��t �hei�
comgany hePdquarters, they go th�re oaly �ccasionallyn He �ate� that the
progerty d�rectly to the nor�h has I�eavy Indus�rial zoning, and th� s�bject
pro�erty is next to the yards of �he railr�ad. Essical�y, t�ey want to
improve the sifie and utilize t�e land more fully. T�eir picxp�ar f�r thirt
rezonfng is eo crnaform Co the Iaw and the �se af the �a�d in ��s pa�es�nt
state. He presented pictuses of �he si�e to the Boa�d,
Upon s question by Mrd Ames concerning co�struction ot �t�ra�e ,auiLdings,
Mr, Hxniker said it is the petitioner's pla� �o znst�Il more ad�qu�te and
better-looking fencing, and laGer �o build �mall �to���� builda��gs and re�ove
the ones that are presently standing, Mr. Am�s ��k�d what m�t��ri�I wi�l b�
stored there, and Mre Hiniker repli�d �hat th� pa�ti.c�lar kind of busi�ess
the petitioner owns calls £tix brick�, � c�ment mi�ez_ atc. '�h�:;r do �at u�e
heavy equfpment, and he. noted tha� scsme m��e�ial is s�ored ou�da9osse `�he
petitioner wishes to improve the property and msi:�+ ff l�:�s af ara "��e so��t0o
Upon a qrsestion by Mr, llmes, 1�1�-. Hinilcer expZain�� �iia� � 6-fc'oi: ��gh
chas.ri-li�alc fence is proposed to repl�ce the b��liy��us��,:� 4.�:��wi- �3.;h ane
that is presently there.
Mrs. Cocttrane asked about the topog�aptry e�f ttae l.and, ���.d wh�4��x t:here i.s any�
accESS from below th� e�i11. Mre Tiiniker s�id ��i<�t Bus�-� Av�x►L�� a.s �n, �,nd rhat
is how trucks get to the progerty xac�w, �d4 goin�ed out �:.he -v�rf��z;i� st��ets
surrr�unding the ar.ea.
As a matter of informat�on, M:. e Brat3rz Q� t�se st�ff ��teci that undsr Light
Induserial zoning, only 25% o� the �re� co�.L�] be us�cl ��r o�sr� s�o�agP; fn
order to exceed that percentage, an app��at F�QUId l�eaa�ry �R�� be ��an�ec',. I�iro Ame�
added tihat another alternative �oaa�.d i�e �� constr.�c� �:�.�i�.dirUs 'or s�o:�a.rig �tie
materialm
Mr, iKansur inqu�red what control ehe Board woul.� t���r�. i�' ttae �,:��emtv w�as
rezoned wfthc�ut the petition�r p�esex��ir.g �ny p�an� �at �:«tu�e ?�ui.Idix��s e
Mr, Hiniker said the purpose o� �hezr petitz.an �a��s �:ra �e�t =n �i�e �'i�:h tha
Zoning Code; Lt is a non�Tconfor�nin� usL righ::. r_o�a,
Several neighbors appe�red in o�aosi��.on:
Mrs, DeCarlo, 741 Cl�rk St��e�, ask��3 if �h7.s rce<>or��n; ��t�.`�.c�t� �au��ale� c�a�,age
the entire area from reside�.tial to I,ight; InduSrr��I and whe��e� �hezr �axes
_�_
. •
HARRY L� GILBERT (3/4/71� �Continued�:
Mre Beashoof noted that he drove past the property, and had to go past
the sawdust company on Bush Avenue which seemed to be the only acceaso
Upon a question by Mr, Damico regarding �sing the 1eg81 non-confoxtning
lots in their preaeat state, Mr, Ames said th�t question should be
referred to the Building Departmento
Mrm Ames noted that the Traffic Engineer and Ciey Attorney should be
alerted of this problem since Council members may ask their opinian�
at the public hearing on this matter.
Mr� Mafetta �sked why the Citq Attorney end Traffic En�ineer weren't
ca�sulted as the layover motio� had indicated. Mz, Rosetter replied
that the staff held up on these requests until Mr. Ames �ad a chance
to discuss the petition with the petitianer's attorney. After that
meeting, it was deemed un�eceasary to follow-up on those opinions since
the petitioner indicated he planne� to withdra� the rezoning petition,
Mro Rosetter asked whether the Bosrd want� the st�ff to req�est reviews
from the Traffic Engineer and Ci�y Attorney now in regard to negative
easement, deed restrictions, and txaffic pateernso The Board fndicated
it would not be necessary.
Since those 2 soutterly lots have been vacant an@ there h�ve been no
permits issued for thae property, Mr. Benshaof �oved for deniaL of the
petition to rezone� °The motion w�s seconded by Mrs� Cachraaea who
noted that more facts are needed o� the �atter, �nd that a specific plan
of the petiti�ner should be presented, showing wta�t�er the lots would
have a compatible usee The motion carried unanimnuslyo
Sabmitted by: Pau1 L� Rosetter Robe�� L� Ames, Chairman
-3-
City Clerk 4 �
.
� CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Court House 55102
March 12, 1971
File X998, Pgge
You are hereby notified that a public hearing will be held in the
Council Chambers of the Cfty Hall and Court House in the City of
St. paul at 10:00 a.m. ort March 25, 1971 on the petition of Karry
L. Gilbert to rezone from a "C" Residence District to a Light
Industry District the property described as follows; Lots 6, 7,
10, 11 and 14, Block 12, Stinson's Addition to the City of St.
Paul in the State of Minnesota. The property is located on the
East side of Clark Street betweea Bush Avenue and Minnehaha
Avenue.
For further information, contact the Planning Board, Room 1010
Co�anerce Building, or telephone 223-4151.
This notice of a public hearing has been sent out from the
Department of Finance in compliance with the City Charter.
ROSALIE L. BUTLER
Coa�issioner of Fittance
O
Mr. Harry E. Marshall (continued) May 4, 1971
At the March 4, 1971, Board of Zoning hearing the staff suminarized the
history of the matter. Mr. Ames reported on his discussion with the petitioner's
attorney, saying that he had informed the attorney that a fence could be built
without rezoning the land. It was noted, however, that the petition has not yet
been withdrawn so the zoning matter was still before the Board.
The petition was not represented at this hearing, but several residents
of the area again appeared in opposition.
Considering this matter, the Board discussed vehicular access to this site.
It questioned whether the site is a legal non-conforming use and reviewed the
building permit history for those lots involved. Subsequently, the Board heard
a motion to recotrmiend denial of the petition because the two southerly lots had
been vacant and had no building permit issued for that property. The motion was
seconded and carried by a vote of 4-0.
On March 25, 1971, the City Council referred the matter back to the Board
of Zoning for further consideration.
The Zoning Board heard the matter again at the Apri1 15, 1971, meeting.
It was reported that according to building permit history, part but not all of
this property might be considered a legal non-conforming use.
The petitioner's attorney stated that the petitioner's main business is not
located there and would be used only for storage and excess material. He said
the petitioner proposes to construct a building for storage. The petitioner
said that he only wishes to clean up the area, construct a building, and erect
a fence.
Mrs. Vitro, a neighbor, appeared and stated her objection to the amount of
hearings on this matter. She felt no more industry should be allowed in the
area and wondered if she would ever be able to sell her home.
A representative of the Payne-Minnehaha Community Council noted that they
had presented a letter opposing the petition.
The Board considered the size of the proposed building and the specific use
of the remaining portion of the lot. The Board heard a motion to recommend
approval subject to the condition that an easement be employed limiting use to
storage only. The mo�ion was seconded and carried by a 5-0 vote.
Very truly yours,
; _ �°�%�����<<_-=
�, �
PETER J. MAI�TTA
Secretary, Board of Zoning
PJM:gaf
PLR
Z. F:��k7099 �
-2-
PRV� E-(fll �
� EHHHH COffl �lUf11TY COU � CII
715 Edgerton Street • St. Paul, Minnesota 55101
of�r�cFR; April 8 , 1971
:: :�n� ,,, � � ISD � U l/ � lJ
����!���<� �:�c!��,
�;,� , ,.:;t_�;����� N1 APR 1 2 1971
�����.��n.,i rt�,rrF,n
CITY PIAHNING BOARD
f�:F�i�r�k!)IfJr �� ��_F,,[ i P,RY
;�� �,:-�,,,,� � ��,, ,, Saint Paul, Minnp�nt�
c����POrir!r_���; ���cRFTnRY peter J. Meletts
���'`� ` '�'°� `�°��"�� C ity of St. Paul Planning Boerd
���:�:,ur��r� Zoning Section
�` °"", �'�'�be°�, �� 1010 Canmerce Building
„��,;��,� St. Paul, Minnesota 55102
La�-.oine Kne�F�lkomp
Dear Sir:
This is in reference to the rehearing which is to
be held Thursdey , April 15 , 1971, in regard to
Z. F. #7099. This is the petition of Harry L.
Gilbert to rezone praperty located on the east
side of Clark Street between Bush and East Minne-
haha Avenue from "C" Residence to Light Industry
to provide storege area for a contractor. This
praperty is further described as:
Lots 6, 7 , 10, 11, and 14 ,
Block 12, Stinson's Addition.
We of the Payne-Minnehaha Community Council defin-
itely oppose this rezoning as we feel that it would
be to the detriment of the residents of this nei.gh-
borho�d and to the Comnunity Council.
Sincerely ,
PAYNE MINNEHAHA COMMUNITY COUNCIL
� � ,, a--� _ ,�=� ���'1, . , t }
(Mrs.) Carole J. Bartell
Corresponding Secretary
.�� , , ,�. . . ; , , ,, p�a
• { f
��.. � d .}: : : J
���SE2csatn9 C�itLzens �attlal�at[on fot C�ommuntty �m�.tovemenEa'�
���.'i
. �`����
� �,,�� :
����a����� ��
�. �.�.�+��, ��, �. �
etc. �e aLS�dad Jb ap tq re��ye�
�, f, 10, il tnd Y1,=�.'12 Stingon•a
Addit3on tc tlie C� l�o��
east side of Giar��:.
aad M1nn�11eha Avat..En L g�,y
�s�n�Fjau�i�s�S�ed ��Ci�tq �
�aY. 1971, at taa o'�1oe8`f iu the fore-
noon fn the Cowneil Chember in the
C."_ity Hatl of safd�q tY��nd at ae�d tinsa
a�a Dlec t� Couu�it Wfil�hear all
I�r�P+s'�d all' obje�c tona and x�.wai-
mendationa reIative to aaid ProDOSed
a�pendmeat.
�fad A1'i3�1`�. 1801:
` ���",,��.L.
���..:�,
rsm�r,�,� �
�� �
e�
Ad� it� � �y e
� ,•
i �,t a
�
�I' ��
. ;,.
_ � .
f
.�
- BOARD OF ZONING, CITY OF ST. PAUL
1010 COMMERCE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE: 223-4151 ,,��r
r
� ,-'�
V
May 4, 1971
Mr. Harry E. Marshall .
City Clerk
Room 386 City Hall
Dear Sir:
This is written in response to the petition of Harry L. Gilbert to rezone
from "C" Residence and Heavy Industry to Light Industry to provide storage area
for a contractor, property located on the east side of Clark Street between
Bush and East Minnehaha Avenues. This property is further described as:
Lots 6, 7, 10, 11, and 14,
Block 12, Stinson's Addition.
This matter was first heard on February 18, 1971, at which time the staff
presented its report which included the recommendation of the Comprehensive Plan
and a description of the area conditions. The staff noted that rezoning in this
area may affect traffic on residential streets and set a pattern for further
industrialization.
The petitioner's attorney stated that the proposed use of the property is
for storage for a general contractor and would include such items as bricks and
cement mixers, but no heavy equipment. He said the property has been used in
this manner under this ownership for the last 18 years and that the petitioner
only wants to improve the land by erecting a 6-foot high fence. Considering
the traffic situation, Mr. Gilbert, the petitioner, said that since this site
is not his company headquarters, sometimes weeks go by without their using
residential streets.
Several persons appeared in opposition to the petition. They expressed
fears of increased traffic on residential streets, fears that the neighborhood
would be lost to industrial uses, and the fact that they had no guarantee that
this site could be developed as proposed. In considering this matter the Board
discussed access to the site, suitability of the site for residential use and
the possibility of rezoning it for a specific use. The Board noted that even
under Light Industrial zoning, only 25% of the area could be used for open
storage. It was also noted that if the site was used in this manner prior to
1922� it would be a legal non-conforming use and would not require rezoning to
simply construct a fence.
Mr. Ames instructed the petitioner's attorney, Mr. Hiniker, to make an
appointment with him to discuss the matter and determine the site could be
improved without rezoning. Subsequently, the Board laid the matter over to
March 4, 1971.
-1-
�'`�� � 1
�
O � � �
I�I7�TUTE� OF 'TFiE FUB�.�C H�t���T� B�.��O� �`��� �''>tsRF.� ��" ,�.�?��1�+C3
on '�hursday, I�'eb.uary �8, i971, at 2:0� lP,�i�.
P�tESENT: Nirs. Coc�rane, Messrs. Ames, Ma��L-t�, ��d P•i�re�ur �;�' ��e �3oard;
and I�tessrs. Broyrn and P,.sss�tta,=, an�� �;rs. ���x�tz�n c; � s_t3e st�ff.
Mrs. Cochrarce moved for approval of �he ninutcs froir� the FeU.•�a4�y 4., 197I,
Board �� Zoni�.g meeting. The m�otf�:.n �as secended I�y N1:�. riai�tt.�, �nd
carried unanimously.
IiAItFY L, �IL�ERT: A petftiiox� to rezo�7e from 1°C" Re�id��.�� ��.d ",ie�t3y ��.cius�ry
to I:�.g'n� Tndustry ta prov?de storage ares �FOr a contxacr�or, ���s.o;s��-�y 7.ocated o�i
the east side of Clark Str�et betw�en ?3us.�. and �.�s� �Zi.°:x�zeizaiz�s A�ven�z�se
IKr. Rosetter sea�rized the staff rep�rt, a x��rt �f the fi1�, sL��.�.ng th�t the
north 20 feet of the subject pr�pe�ty is ;�resentcly zoned FI�;aT�y 1�.tustz��; the
remainder is t°C" Residence land. The a�:ea ad�a�c�nt �o the t�ca�.�a c:� ttais parce:�.
to E�ash. Avenue, t�s w211 �s ttae railroad �ropeity no�fih a�d we�,� �; �3ush Avenue,
i� xoned Hea�ry Industry. A Light T�ad�astry district �iQ�ts or,. S�xsh Aveiz�ze one
block east of this site. The �omprehen,i��e I�lan calis -L-or a col,Lector �treet
xuanin�g in a we�uerly-northwes�erly dir�c*ion t�aroug� �his bl.oetc ati.:. aaout the
sou�h.ern bo�ndary of �his site to �urr. Str�et. �vor�h of thi4 ��r���c, the Plan
reco-cr,�nends a �imited I�dustry distric� �o th.e ra:ilroGv prope..��.y. �ou�� of this
street, the �lan reca�ends maalti�f�m�l;r devel��mvnt. '�t�e sa.t� h.�as a steep
s1oFe from s�uth te �orth �n its s��ath si�e� ard :i.� c�:c�ded, A':r� I��s�t�er aassed
aroun.d piceures of the siLe �c� the Boar�3, He r.o�:�d �her� fs a p3.��.zzi.ig pro�bler�
inva�ved witl� this area, since it �.s a s°eaide±�.ti��1 �rea Lhat �_s zsala�e� �rom
the rest of the city b;' the railroad �zr,ac:�s, .�n� co�asL-icates a r�c:�g�zborho3d of
Iess than a square m�le, Tiais rnaices 3� diffic�alv �c de��ermir.e �,rh�t: shr�ul� l�e
recomme�ci�c3 for the ax�ea. �zi�;t�=.,�ays ��.'e p�op�Sp� a.z�. ch� souti�.er� p�rt of �t�is
are�. Zf t�.is p�rcel �.s �ezanec3, s:here �;aa.�ld �ae �fiecL-� upcz: i�'n� �_ra�iic
situatioii �n this area. t"�r�y trafiir ?.a ��;�� si.�� �.aou�d t�ase ::� �:�°L::ivc�
residenCial �tre��s a� som� gr�int; Cl:���ic SE:re�� :�:s nfl�: d�vLl�:;��d, �:zi� T3�So�c
S�:reet is devpZnped. �nat.hex conside�a�i��: m�y :�e ch� e�fec�� r�f t���.s reza�ainb
on �txe �endency t�w�rd fuL�:he��- �ndt.���.r,ar�li_�.�;tb�n �zs tt-�e ar.�a. �i: ��r�cai.� c�eate
a tr�f�ic sz���a�i�� wt�iciz wauld in-�rol_�;e> r��i�c::��:,_�I s�:�e��s.
MZ'S. CJC.�ipat3.G'. T10S.:�_'C� ��]�t 7� �11C' C?T_l.�y cCI,:�'�� �G ',:3'3F? "l}z5?Ti.E?Su Y,=:'C3$?i.cj �t�� �'s.3r:'
residen�ial stre2i�s, ,s�-:e f�lt ttaesa :,�;re�rv mu; �v �:�cr r�r�oE•:. S??c �a:��.ed h:�w
wide i:�ey a�e. Mr. P�a,ett�r �aid ;�he� �x��? �he tz�m�:�. e3;d��i ci ����derc�����.
streets.
Upon a quest�:on �y I�r, Marzsur r�g�xc?ing css�ge �:� �i-�� s�;:�ets ��:, ?°�e��v.,y Lr�ffic
and QqLipmena, Mr. Ro��t��r s�id t�e v�op.:;sal is �o u�Q �t►e �rc•,����y xor
storag� af a bua.lding Gon�rnctcr.
Repres2�z�:tng �he peti��on�� w�s ���:��i„:c:�, :;:.r�:;. :Ia,:�.ik�:x�, -oh.c� .r.c;°zc+ Y:��� �he
pr.oparty wou:�d be �.sed for sts�r�:ag� �ox � ;;r_�za���.:� ����.tx���cs�, a-:y�i =d�+�,;;z�c? ��
li�m3.ted tQ �ostl.q briclt. and n�aso*�r� �ca.:�ter.�a�. tir.a �;iAi�;=�t, t13, �e�:_�`_orce�,
noted ��.3i some��:imes week�; paas ���i�ho�at ��t�: r�il3-.3�xaLi�L �s�re�-�v �*��ng use 3 '�5,
hfs co�p�r,y.
p�-
HARRY L, GILBERT (2118/71) �Con�i�ued3:
Mr. Hinikex explained thst the petitio�er �aishes �o �ezone Che prop�rty to
legalize a use tha� has been there under hi� ownership �or tl�� Pau� 15 years.
Ae Qriginally acquired the land 15 ye�rs ago= and the �zior �wn�r also used
the land for storage purposes. Scaffoldf�g atid equi�me�� wvuld be s�ored
there. � dump to the south was purchased €or fu�thex storage. Mr. Hiniker
said he wants to improve the property, by installin� gercr���e�t fenci�go
Clark SCre2t is pLatted bnt not in. He not�d �here is tio s�wer o� w�ter
ehere, and the steep hill makes it unlike3y tha� they wouZd ever be put i�o
Access is along Buah Avenue eo i�.s intiersection. v�ith Clariz S�,:e�l.
Mr. Hiniker noted the petitioner doesn't con�emplate an;r gre��er u3e af �he
pro�erty thaa what is there at th.e present 4:ime. �irza.� i� i.� �z�t �:he?r
com�any hesdqnaxters, they go there only occasionall,y. �Ie �ote� t�.a� tiie
proFerey directly to the north has He�vy Indus�rial zo:ai.ng, s;nd the suhject
prop�etty is next to the yards of th2 r�3_l�oad. Basic�I�.y, t�ey w�nt to
improve the site and utilize the 3.anc3 more fully. �h��� pur��asti �or t�is
rezaning is to conform to the law ancl the use of �h� �:�rd in �t� presen�;
state. He psesented pictures of the si�e to the Boardn
Upon a queation by Mr< Ames cotacerning co��truction o� ��ara�;e �iai�d;L�igs,
Mr, Iiinf.ker said iti is ehe p��itioner's plm� �o �.ns�:�?1 m�re a��qu�te and
better-looking fencing, and latex to build �a��l.� sto;~t��e be�i�.di:��s �n�7 x�emove
the ones that are ptese�tl.y standxng. I�ir„ Ames asice�? u;t��� m���+-r:1al will �e
stored �here, and Mr. Hiniker repli�d �hat the pdr.ta�cu.l�€�c kir.d �f �us�i�acss
the petitio�ser owns calls fnr bricks, a cemen� miacer, �tce gta�;� cic� nQL- use
heavy equfpment, �nd he no�ed tiaat som� ma�e�ial z� �t�r_ed c�ratd�o�s. �.'tae
petitioner wishes to improve th� praperty and mzalce it l�ss of a�z "eye sor�",
Upon a question by Mr, Ames, Mr. Hinilcer ex�lained th�� a b�foo� hig�
chsin-link fence is proposed to replace ttae ba��.�-rus�yr� 4�foc�t h�.gh �ne
that is presenely there.
Mrs e Cvchrane asked �bout the topo�rapi�y vf �he �.an.d, a.��� �a�����x �:here i,s Bny
acc�:ss from below the hil1. i�Ire Hf;aike�r ��id thae ��a�!� �ive�a�e i� e_na and th.at
is how truck� get to the property �ao��. A�� ps�int�d Q4F.L" �Lf�e •v��f�us �tree�:�
surrounding the area.
As s matter of iafoxtnation, Mr> Brocan. c�� t�he s��:�f. n,s��:e:i thai: u;sd�r L�ght
Industrial zoning, only 25% of the ar��a cc�;�l�i �� us��ci tr�r o�,w:� ,�torag�; �n
order to exceed that perceatage, an �ppeal wc�ulcl ha�r�.� �� be g;���:7'�e�. �ra Aue�es
added that another al�ern�tfve wo�z�d be �o cons��.~asc�� bu�.�.din��s �or storing the
ma teria�1 m
Mr. �tansur inquired w?�at control th� E�r�rd v.yc��l�l iaa��3� if tt�e ��<�pc�ty �r�s
rezoned without �he petitioner preseiz�.:ing a�.y p�.a=�s xc��- f�rt:;�x•e ;�uil�:�z��s,
M�. Hintker said the purpose of �i�wir pe�iti�sn �.us �r ;�� i.�. �.b�:�� cait'h �h�
Zoning Code; it is a noa��-�conforming u�e righi: rzr��,r,
Seve�a�. neig�►l�ors appeared �n o�posxt:i+��:
Mrs, DeCarlo7 74�1 Clark Street, askecl if �tnis re��n#nU .�ser.�t��cx eaould ch��ige
the entire area from reside�nti�3. �Co �ight In.dust�3a� a�ac� c,�h��hA_• the-�,: taxes
_2_
HARRY L. GILBERT (2/18/71) (Continued);
would be increased as a resalt. She was toZd that ��ly the �zo�er�y i�
question wouZd be changed to Zight I�dustrfa� zoning. Th.e Bo�rd acknGw�edged
that they cou�d not make tsx valuation determinati.on,s.
Mr, Paul Dsmico, 759 DeSoto Street, p�ineed out �hat igr the $ez3ning �eti�ion,
the petitioner noted it wauld be used for storage. Mr, �amsc� asked �hat
wouZd happen if the petftioner sold the ptoper�y ar�d t�� �e�ca ow:i�r dfd tzot
wish to use it fox the same parpose, �Ie said the nei�hbars �,ave T�o gu�rantee
that the prop�rty would generate truck trafffc on resid�n�i��. stire�ts only one
or two daya per week.
Mr. lleCarlo, 741 Clark Street, noted that resiclen�a do not c�:re to ha�re their
resident�tal streets used for comnercial purposes.
A l�dy £rom the neighborhood noted she has liv�d in th� neighbo;:h��d si�:c� ehe
was 8 years old, and said there are rnany tnscles that usc� the s�ree�s nowo
Aside from the traf£ic paCtern, Mro P�i2nsur asked if �h��e �r� a�y objectia�ns
to the way the getitioaer ugea the pxaperty now. He no�ec� i� mf.ght be an
improvement if a fence is erected and �the mId buildi�.gs are tarra down„
Mr, Damico said that if this Iand is r�zoned, i� caill open �h� c�oor £or m�re
industrial uses. The area ha� a sma'LI en�ugh r�siden�ial c�mm�u�i,�y w�thaa�t
becoming a ar,i�oriL-y use because of industri�l �ases.
In regard ta a queseion ab�t�t the x�si.d�nt�al value �f ehe s:°.t.e in r��a�ion �:o
the railroad, Mr, Rosetter poiruted ou= that tne rail�osd uses ��?jacenL propertv
as a switching yard, which means thrt�re is a�uch �.ocomr.►�:ive L•�.��£:i.�:e
Mr, �taietta asked if it could be r�zonec� �nd 1�.mite�l to a c�rtazt� usee M:, Ames
replied that a negative eas�ment could �e �u�pl�ye�, :a1t���ugh i� 3s an awksas��ci
thing; with home beauty shops, �he prop�rty used tca �e �QZOC�ECI G:o °Y�" Res:�dence,
and then if the property w�€s so1d, th� z�nfr�g xemai��d i�C°� RES��i�nce> �it present
ther� is a p��eovision fo� home accup�v�zos�s to elimbn�at� �.�1� n��� �'o� �c��.4nfng a
resisiential area. gir, Ames su���s4:ed that this peti��a�. be ��f�ri�d s�o tt:ie
City Attorne5�'s office £ar an csp3,ai��,
Regarding acce�s, Mrs. Cochrane qtses�ioned i�!g�es� a�.d �gr�ss, �nd n:�:ec� ;3brsut
a report frar,� the Traffic Enginecr. Sh� 31so �a�d s'�Q ;=ants l,r� ma�ce �i��� ehe
petitioner wocald comply w�,�h the ��:s�:�:ictians of � Z,i��?� �ndc;s*c�al dq.str.�c�a
Mre :�,osetter co�mnented �`�at ;tn re�ponse to t':na.s peic�.tx�n, ��h� zc��i°�� staf:c
prod�zced som� proposaLs fox� traffic r€�exting in �t�e �ax��; ��t�in� sc�ch �lacis
impl�meated is another thing, �ac�eve�. �or such a s�.�d;', the �;gmpLeh�a-�siare
Plan is avai3able, and other a2�era�a�iv�s h.av� �een eae�r':;.ed c�ut �n �he �.ast
couple of days.
Mr. �'�mes said the petz�iou��r'� aE:tarraey ��ated ttaer� i.s nu v�;we��° �aad w:��e� on
the ?rem3ses, aa�d if ehis was dev�3.c+ped �x�de� "G" g�,�xdr�T�ce z��.z.�-ng, ��? �P��
propnrty own�rs aLong tne s�ree�: would be assessed ia�r ���aer mn<3 wate�.
-3-
.�
HARRY Le GILBERT (Z/1S/71) EContii�ued):
Since some limitaticros may be needed, Air, Mansur said this petitior. should be
referred to the City Attorney. Mr, Ames agreed there may be some r�ossibil.ity
of a negative easement and deesl restriction. Mre Mansur sa�id it m�ghe b�
possib].e to limit the petitioner �o load weigh�s,
Mr, Hiniker said the pracCical problem for the petit�.on�r is �h�� �.f he is
held to 25'9'a of the area being used for ogen storage, without water and sewer
it would be difficalt to provide buildings for enclored stora��o Ae requested
that if �he Board cansiders the possibility of a n�gative ess�meret, these be
some laxity of the 25% open stora�e z�equirement. Mr�, An3es s�id �ta�re �s no
ordinance that allows a variance wi�hout an appeal.
Mr, Hin�.ker said it might be econamically imprac�ica:�. t�s use s��i� pr�pe�-ty for
anything elaeo
Mr, ptaasur asked i� it is the petitioner's pl�an to c:c�at�mplstn r�.o� using more
than 25% of the laad far ogen storag�. Mr. H3.nit�er rep�.ied t�zat i£ they wanted ,
to use 100% of the property, 757a �rould have �o be exicla�ed, a��cordiiig to the
Code� From an inaurance stsndpoin.t, withouC watcer this woulci be �mpractical, �
The topo�raphy af the land �akes it infeasible to instas.l sew�r and watero ;
Mr, Gilbert poinCed aufi that tn order to improve the lard, the� zoning has to '.
be changedo
Mr, Mansur wondered if the Board is emp�we�ed tn require a sp�ci�l�•use permit
for this type of facility.
Mr, Brown noeed that if the Z�nd was used as it pres�nt�.y is �ria�r to I92� rahen
the Zoning Code was incorpar�ted, it would be consid�red a legal nors-cc�nforming
use. Mr< Gilbert said that i£ he could ins��I� a 62-�foc� higia ferce i��.thout
rezoning, he would wfthdraw his rezorsing g��tit�an. ��ra �:nes noted tha�: the
fenc� ordinance ststes it would be 6� feet hfgta, and teee lan.d woeel.d have to ue
zoned Canmercial, Light or Hesvy Industry> Mr� �roz�n za,:ed �chat ti��e fiwont
aetb�;ck wouZd have to be m�intained, w�ist?. is 10% of. �'�e dept� of the �.oto
Mr, Ames noted it may stil2 be � vio3atioQ in a-egard t� F��en �tarage.
A wo�an from the neighb�rhood ask�d if they caesld ti�•c�aL the pe�itio�er tQ erect
the fence as he has promfsed. Mre Dsm�.co said r����Fnts �are concez-�ned abouC
this matt�r since i� is their residentza� axea. Mrra ��es no�kaa th�� Ci�e use
laas t�e�n there for more than 40 ye��-s, and he Ece1s 9_� r:.ay be � legAl n��a-
confor�ing use.
In order to obtain a Iegal opinion from the City �etc��.�t:eey`s �`.:fice in r�gard
to tl�e gossibility of a aegative easement, affid �a �ec�ive a �rgo;rt fro�u �tte
Traff.ic Engineer ia reg�rd to ingress, egress, �nd resL�i�tir��.� �n the traffic
pattern, Mr, Mansur moved for a layover of this rezmr�.in� pe�i.�ion �o t�e
Marctn 4, 197�., Board of Zosiiag a�eet�.a��e The m�a�:ion w�$ JecondQd by Mr� Piai�tea9
gnd earried unanimouslye
_[�_
HARRY Lo GILBERT (2/18/71) (�ontinuedj:
Mr, Ames explain�d that if this l�nd was rezaned by m��ns of a neg�t�ve
easement, and the property was ��tex sold, it caauld r�vc,�t b�ck �o its
original zoning. He instracted th� petition�er �nd his �ttorney to make
ea appointment to meet with hitn �s C�ty Architect to discuss �:he vaxious
sspects of this rezoaing., and poss�ibly th�ts could be r��olved wi.thout a
change in the zoning since the petiL•ioner really des:Crc� go i�nprove eh�
land with a fence>
Sc�bm�tted by: Peul Lo Rasetter R.ohezt La Ame� ����i�man
_5�
�
MINUTES OF THE P'UBLIC HEARING BEFORL� THE BUARD OF ZONZNTG
on Thursday, March 4, 1971, at 2:OU P,.M�.
PRESEHTs Mrse Cochrane, riessrso Ames, Benshoof, and Maietta of the
Board; and N;essrso Brown and Rosetter, Mra< Frantzen, and
Miss Perkins of the staffe
Mro Maietts moved for approval of the minates from the Febr�aary 18,
1971, Board of Zoning meetingo The motion was seconded by
Mrm Benshoof, and carried unanimously.
HARRY I., GILB�RT: A petition to rezone from 1°C" Residence and Heavy
Industry to Light Industry to provide storage ar�a for a contractor,
prop�rty located on the east side of Clark Street between Bush and East
Minnehaha Avenues.
This matter was laid over from the February 18, 1971, meeting in order
to get a iegal opinion from the City Attomey's office in regard to the
possibility of a negative easement, and to receive a report from ttie
Traffic Engineer in regard to ingress, egress, and restrfctione in the
traffic pattern. It was also noted that Ms. Ames ss City Architect would
meet with the petitioner and his attorney to discuss the varioua aspects
of this rezoning, since it seemed possible this could be resolved wfthout
a change in the zoning since the petitioner d�sires to improve the land
with a fence.
Mr, Rosetter presented a site plan arad photographs to the Board, and
explained that the petitioner mer�ly wants to erect a fence oa the propertyo
Mro Ames pointed out that the peeitioner's sttorney met with him about a
week ago� and noted that the petitioner purchased the southerly 2 lots
recently, Mr. Ames said there is � question as to the status of the
property being classified a legal non-conforming use. By checking the
recorda from tt�e Building Department, Mr. Ame� noted that certain lots
have been used for storage since 1883; and some of the lots had no record
as to use. Five lots are involved in the present rezoning petition. The
files indicate history on 2 of thes�e 5 lots: on Lot 6, the record indicstes
that in 1888 the property also known as 770 Clark Street received a permit
for a dwelling. On Lot 10, there w�s a permit issued for the Dayton Bluff
Cement Works for an addition in 1933� Mr. Ames pointed out that the reason
for the sezoning petition was for pextnission to erect a barbed-wire fence
on the property. He informed the petitioner's attoraey th�t he could get
a penait to erect that type of fence by appearing before the City Council,
regardless of the way the l�nd is zoned, withou.t changing the zoning.
Mra Ames talked to Mr, Paul D�mico, one of the concerned neighbors, and
noted that the area residents are opposed to the type of business the
petitioner has on the property.
Mr. Rosetter pointed ouC th�e the staff hss not received a letter of
withdrawal for this petitior► as yeto
-1-
HARRY Le GILBERT (3/4/71) (Coatinued�:
Upon a question by Mr, Benshoof regarding I.ats 11 �nd 14, Mr� Ames
indicated ehat these were just recently purchased and used for storage
purposese
Mr. Paul Damico� 759 DeSoto Street, noted that he spoke to Mr� Mtke
Sauro, who had recently owned the two Lots purchased by the petitioner.
Mr. Damico said the petitioner bought the lots last spring, and plowed
them under.
Mr� Benshoof asked if the 2 so�therly Lots are the lots of main concern
�o the neighbors, or wt►ether the neighbor� obj�ct to that ase of the
iand altogether. Mro Damico poineed out that the neighbors al1 assumed
th�t the lend had been zoned properly for the way the land wss being
used, The petitioner �pparently wants to erect s fence, end then move
the storage materials near Mr, Damico's property. Mr. Damico presented
pictures of the area to the Board.
Since there is still the question of the rezoning to Light Industsial,
Mr, Ames feels the Board could act oa the matter by either a further
layover, or by a vote. Mro Disietta �hough� a Cor�oratfon Counsel's
opfnion should be obtained �o se� if a negative easement could be
employed in this matter. If � rnegative easement was �mployed, Mr, Maietta
said the zoning would rever� back to its original zoning if this property
was ever sold. Mre Brown af the staff clarified that statement by informing
the Board that a deed reEtri�ction could be pleced on the land; the zoning
would remain Light Industxial and only be used for open-air storagee He
noted that this type of restriction does csuse problems, since the po.Iicing
of the testriction is somewha� confusing.
Mro Damico noted that he is strongly opposed to the use of the l.and at
present, and �aid that if he h�d knowcb it was being used illegally, he
woald have filed � compleint long sgo.
Except for perhaps Lot 10, Mro Ames said he doesn't feel this ie a legsl
non-canforming use,
Mr� Benshoof said the qnestion seems to be that by this rezoning petition,
the petitioner couAd iose the use of the property st present on the northerly
lots.
Mrs, F, DeCarlo, 741 Clark Street, noted thst the petitioner recently
purchased the 2 lo�s in quesrion, and she feels th�.s was done with the
inCention of utilizing ttxem for open storagee He would then have "more
junk" there than at the present ti.me, snd the residential streets would
be used eveu more x�c truck traffic. She noCed there are a lot of children
in the area, snd safety is a majQ� ccnc�rn of the r�s�Ldentso
As a u�tter o£ observation, Mr, Mafett� said thet since this land fs zoaed
"C" Residence, the Z4,000 sqaare feet cocald b� develvped for an apartm�nt
project, However, he noted that sewer and wa�er are not in there.
Mrso DeCarlo pointed out that truck traff.ic ti,ronid be much worse thaa car
traffico
-2-
HA�RY L� GILBER� (3/4/7I) (Continued):
Mr, Benshoof noted that he drove past the property� and had to go past
the sawdust company on Bush Avenue which seemed to be the only access.
Upon a question by Mr, Damico regarding nsing the legal non-conformiag
lots in their present state, Mr, Ames said that question should be
referred to the Building Dep�rtment.
Mr� Ames noted that the Traffic Engineer and City �ttorney should be
alerted of this problem since Council members may ask their opinions
at the public hearfng on this matter.
Mrr Maietta asked why the City �ttorney and Tr�ffic Engineer weren't
consulted as the layover motion had indicated. Mr, Roaetter replied
that the staff held up on these requests until �Tr. Ames hsd a chance
to discu8s the petition with the petitioner's sttorney. After that
meeting, it was deemed unnecessary to follow-up on those opinioas aince
the petitioner indicated he planned to withdraw the rezoning peCitione
Mro Rosetter asked whether L•he Bosrd wan2s the st�ff to reqaest reviewa
from the Traffic Engineer and �ity Attorney now in reg8rd to negative
easement, deed restrictio�s, and tra£fic patterns, The Board indicated
it wou�d not be necess�ry.
Since those 2 soutYerly lots have been vacant and there have been no
permits issued for that property, Mr. Benshaof moved for denial of the
petition to reaone� 'The motfon was seconded by Mra� Cochrane, who
noted that more facts are needed on the matter, amd that a specific plsn
of the petitioner should be presented, showing wtzether the lots would
have a compatible usee The �ot�on carried unanimously,
Submitted by: Paul L, Rosetter Robert �� Ames, Chairman
-3-
�iIPNTES OF THE PUBLIC HEARING BEFORE THE B(}ARD OF ZONZHG
on Thursday, April 15, 1971, at 2:00 P,M,
PRESENT: Mrso Cochrane, Messrs. Ames, Benshoof, McPartlin, Maietta, and
Mansur of the Board; and Messrs. Brown and RoseCter, and
Mrs. Frantzen of the staff.
HARRY L� GILBERT: A petition to rezone from "C" Residence and Heavy Induatry
to Light Industry to provide storag� area for a contractor, property located
on the east side of Clark Streee between Bush and East Minnehaha Avenues,
It was pointed out that this m�tter was previously heard by the Baard of
Zoning, and �ubsequez�tly went to ehe City Council, who referred it b�ck Co
the Board for reconsideration, since they felt more information was needede
Attorney for the petitioner was Mr. Tony Danna, who stated that Mr. RasetCer
of the staff infor�aed him thst plans for a bnilding should be submitted. The
petitioner i�xtends to respond to this suggeationa
Mre Ames po�.nted out that one of the neighbors in opposition, Mr. Paul Damico,
called him and said that the p�titioner recently acquired two lota that are
zoned residentially, and the petitioner wants to use those lots for his
eommercial business. He nated the petitioner is asking for an extension of
use, but it has not been a previous use. Mr, Ames noted that part of. the
sub�ect property has been used £or this purpoae for a number of years, but
some af the lots h�ve not been. He said that perhaps Lots 10, 11, �nd 14
were acquired recently ar.d that is why this petition is before the Zonfng
Board. The aortherly portion of the site was always used induatriallye
Speaking in opposition was Mrs. L�eonard Vitro, 745 DeSoto Street, who noted
this was before the City Council and now back to the Zoning Board; she was
wondering how many more times she wauld have to appear at public hearingso
She noted they moved into their home 15 years ago and didn't think more
industry would be placed in rhe area.
Mrs. Cochrane noted that under Section 60.06 of the Zoning Code, Light
Industrial zoning would only permit open storage on 25% of the land, but
this could be circumvented if a fence was erected and the storage material
was totally enclosed.
Mr, Daa�� noted that Mro Ames told the petitioner it woald be possible to
erect a fence, and now the petitioner proposes to construct a building for
the material. Mr. Danna noted that �he petitioner's main business is not
operated from that Iocation; the sub3ect site would only be used for excess
storage.
Upon a question by Mrs. Cochrane, the petitioner replied that he intends to
clean up the area if he is allowed to construct a building and erect a fence.
Mrs. Vitro noted that the surrounding neighbors had originally agreed to the
erection of a �ence. Iiowever, ti�e neighbors would prefer to keep the area
residential.
-4-
HARRY L, GILBERT {4/15/71) (Coaeinaed):
rir. Gilbert noCed that two lots he acquired c�ere a "dump"; he bought them and
filled them. He wants to build a fence which he said would improve the
appearance of the property.
Mrs. Cochrane said she feels this rezaning should be permitted with the
stipulatioa that it is totally enclosed by a fence and a building o£ same
sorC is constructed to house the materisls.
Mr, Danna said the building would go on the north end of the Lot. Mr. Gilbert
noted the building would be about 30 x 50 feet, or 1500 square feet in areae
Mre Ames commented that size wauld be comparable to about a 2 Lj2-csr garage,
and asked what the rest of the land would be used for. Mr, Gilbert s�id open
atorage for trucks and other equipment would take up the remaining portion.
Mrso Vitro said the southern portion is close to the residential homes, and
they wouldn't be able to sell their property if they wanted to.
For clarification, Mr. Rosetter said that the 2ast time this was heard by the
Zoning Board, the neighbors were concerned sbout what would be placed on the
property. The seconding motion for denisl of the rezoning petition at that
time noted that aaore facts are needed on thst matter, and that a specific
plan of the petitioaer should be presented, ahowing whether the lots would
have a compatible use. Mr, Rosetter said that is apparently the reason the
Council referred thfs b�ck to �he Zoning Bosrd.
Mr, Ames noted that only 25X of the property can be used for open storagee
Mro Gilbert said that Light Industriel zoning was the only solution for his
problem.
Upon a question by Mr, �erashoof, �Ir, Gilbert replied thst Lo� 14 is directTy
underneath the hi2l, Mrs. ViCro said th�t wouYd be directly behfnd the two
houses there.
A representative of the Payne-Minnehaha Conmmennity Council noted that a letter
in opposition was sent to the z�nin� staff, and is part of the file,
Mra, Cochrane moved for approval of the petition to rezone, with the coadition
that the staff of the Zoning Board approve the plans subm£tted for a building,
and that a negative easement be employed for use of the site for storage onlyo
Mr. Roaetter of the staff objected to the staff review asking rhetorically what
atandards the sts�f �aould go by. The motion was seconded by Mro Maietta, end
carried unanimously, It was noted thst l�ir, Banshoof did not vote since he was
the sixth member.
Submitted by: Paul La Rosetter Robert L, Ames, Cheirman
..S_
City Clerk
386 city xaii
CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Court House 55102
April 23, 1971
File %998, Page
1�TICF OF RE�i�BING
You are hereby notified that a public hearing will be held in the
Council Chasabers of the City Hall and Court House in the City of
St. Paul at 10:00 a.m. on May 6, 1971 on the petition of Harry L.
Gilbert to rezone from a ''C" Residence District to a Light Industry
District the property described as follows: Lot 6, l, 10� 11 aad 14,
Block 12, Stiason's Additioa to the Citj► af St. Paul in the State of
Minaesota. The property is lacated on the East side of Clark Street
betaeen Bush and �Iinnehaha Avenues.
For further information, contact the Planning Board� Room I010 Co�merce
Buildiag or telephaae 223-4151.
To con�►ly with the City Charter, the Department of Finance is charged
with informing you of this public hearing.
If you have aay questions, it is recommeaded that you attend this
public hearing to afford you the opportunity to make your views, boCh
pro aad con, knam to the City Council.
ROSALIE L. Bt1TLER
Commissioaer of Finance
O
� , - . .
� ,�
.
` r .
� BOARD OF ZONING, CITY OF ST. PAUL 3-z,�
1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151
March 23, 1971
Mr. Harry E. Marshall
City Clerk
Room 386 City Hall
Dear Sir:
This is written in response to the petition of Harry L. Gilbert to rezone from
"C" Residence and Heavy Industry to Light Industry to provide storage area for a
contractor, property located on the east side of Clark Street between Bush and East
Minnehaha Avenues. This property is further described as:
Lots 6, 7, 10, 11, and 14, Block 12, Stinson's Addition.
This matter was first heard on February 18, 1971, at which time the staff
reported that the Comprehensive Plan recommends a collector street to run in a
westerly-northwesterly direction through this block at about the southern boundary
of this site with limited industry north of this street to the railroad property,
and multi-family development south of this street. The site is below a bluff which
adjoins it on the south. The staff said that rezoning in this area may affect traffic
on residential streets and set a pattern for further industrialization.
The petitioner's attorney stated that the proposed use of the property is for
storage for a general contractor and would include such items as bricks and cement
mixers, but no heavy equipment. He said the property has been used in this manner
under this ownership for the past 15 years and that the petitioner only wants to
improve the land by installing a 6-foot high chain-link fence. Concerning the
traffic situation, Mr. Gilbert, the petitioner, said that since this site is not
their company headquarters, sometimes weeks pass without their using the residential
streets.
Several persons appeared in opposition to the petition. They expressed concern
over increased traffic on their residential streets, saying there are many trucks
using them now. They expressed concern that their neighborhood would be lost to
industrial uses and felt they had no guarantee that this site would be developed as
proposed.
In considering this matter, the Board discussed access to the site, the
suitalility of the site for residential use and the possibility of rezoning it for
a certain use. The Board noted that even under Light Industrial zoning, only 25%
of the area could be used for open storage. It was also noted that if the site was
used in this manner prior to 1922, it would be a legal non-conforming use and would
not require rezoning to simply construct a fence. Mr. Ames instructed the petitioner's
attorney, Mr. Hiniker, to make an appointment with him to discuss the matter and
determine if the site could be fenced without rezoning.
�
_1_ ��
� �
G � �
,� �
' t ' .
Mr. Harry E. Marshall (continued) March 23, 1971
Subsequently, the Board laid the matter over to March 4, 1971, in order to
receive a report from the Traffic Engineer concerning traffic access and to
receive a legal opinion from the City Attorney's office in regard to the
possibility of a negative easement. The motion was seconded and carried by a
4-0 vote.
This matter was heard again at the March 4, 1971, Board of Zoning hearing,
at which time the staff summarized the history of the matter and reported that no
opinions were requested from the City Attorney or the Traffic Engineer since they
understood that, at the meeting of the Zoning Administrator and the petitioner's
attorney, it was determined that no rezoning was necessary.
Mr. Ames reported on his discussion with the petitioner's attorney, saying
that he informed the attorney that a permit to erect a fence could be procured
without rezoning the land by appearing before the City Council.
It was noted, however, that the petition has not yet been withdrawn, so the
rezoning matter was still before the Board.
The petitioner was not represented at this hearing, but several residents of
the area again appeared in opposition. One said that the neighbors had assumed
that land was always zoned properly for its use and that he would have complained
if he had known it was being used illegally. Another neighbor expressed concern
over a poss"ible increase in truck traffic and feared that more unsightly material
would be stor�d close to her home.
In considering this matter, the Board discussed vehicular access to the site.
They questioned whether the site is a legal non-conforming use and reviewed the
building permit history for those lots involved.
Subsequently, the Board heard a motion to recommend denial of the petition
because the two southerly lots have been vacant and have had no permits issued for
that property. The motion was seconded with the co�nent that more facts are needed
on the matter and that the petitioner's specific plans should be presented to show
if the proposed use would be compatible. The motion carried by a vote of 4-0.
Very truly yours,
, ,?,
, �
� �
PETER J. �A
Secretary, Board of Zoning
PJM:g a f
PLR
Z. F. ��7099
-2-
.
' ' _ .i
' ' , DEPARTMENT �F FINANCE
� , CITY OF SAINT PAUL
MINNESOTA
• I 13 Court Hou:e,56102
ROSALIE L. BUTLER, Commissioner
Phone:223-4646
January 29, 1971
To the Council
City of St. Paul
Gentlemen:
I have checked the attached petition of Harry L. Gilbert, filed
in the matter of rezoning,
Lots 6, 7, 10, 11 and 14, Block 12, Stinson's Addition.
The property is located on the east side of Clark Street
between Bush and Minnehaha Avenues,
from a Class "C" Residence District to a Light Industry District,
and find that said petition is sufficient.
Yours very truly
r-�
� �_.�_..�..���, � 1�t,_.��- �..
,
t_ L
Rosalie L. Butler
Com�issioner of Finance
Re: X998
c.c. Mr. Ames
N. R. Heiden
Mrs. Butler
Frontage: 100%
Parcels Eligible - 25
Parcels Signed - 18 or 72�
Needed - 17 or 66-2/3�
�'��JfNG ��L� ��..�
�o
. • , • , r . ,
� . � � . �'� DEPARTMENT OF FINANCE �-�-1 �
� ` CITY OF SAINT PAUL �
MINNESOTA
, 113 Court House,55102
ROSALIE L. BUTLER, Commissioner Phone:223-4646
January 5, 1971
To the Council
City of St. Paul
Gentlemen:
I have checked the attached petition of Harry L. Gilbert, filed
in the matter o£ rezoning,
Lots 6, 7, 10, 11 and 14, Block 12, Stinson's Addition.
The property is located on the east side of Clark Street
between Bush and Minnehaha Avenues.
from a Class "C" Residence District to a Light Industry District,
and find that said petition is insufficient.
Yours very truly,
,
� i �
.' : ..,L
f
,� ,
/� :�J c3- �--��: , t`� i,-.�-rti
Rosalie L. Butler
Coimni,ssion�Y� Fi�}ance
, f,� �
L
Re:-�X-998 � ��� �N.
c.c. Mr. Aine s
N. R. Heiden
Mrs. Butler
Frontage: 0 �
Parcels Eligible - 25
Parcels Signed - 16 or 64 %
Needed - 17 or 66-2/3%
�����t�G �tLE .���-�.
�o
, . • February T�, �1�71
B�ARD OF ZONING REPORT AND ACTION Mar h "�, 1� 71
" � _ . �--- . :t�t :��� #24
, Acting under Legislative Code Ch:�pter 60 thru 64 � �� �s`
• passed August 22, 1922, as amended to January 27, 1971. 7099
.____._...._.�
- , �,- Harry La Gilber�
. �.. �
_"���� ;, :.,., . ` � �- �� A�,�,e�1 �.� �'��rm�.t �� `_t,�er �-998
, � X ��„-�r�drne= � ` �
- �-- .--.__.._._.-:
- _ Rezone From "C" Residence and Heavy Indusrr.y to
;;;� �
Light Industry to provide storage aTM°ea for a contractor
�'?'�=Ei� -"y East sicle of Clark Street between Bush and East
_�_.. .., ..
Minnehaha Avenues
� '`�� ' � '� � ` Lots 6, 7, 10, �1, and 14, Block 12, Stinson's Addition
` �;a`.:!�'�" '�.�.'1'�; "C" Resi dence and Heavy Industry
% " �?� �';: � ;;F��i��-�. �.�:;ne �;?�a��er� (,4 Se�,tior., ,p , �'arat�raoh:
�' . , a . i�;`1'I'T��i� _ �E�''�RT; D3te; 2/11/71 �3ys ATB
A. SUFFICIrNCY: In a letter dated 1/29l71, the Commissioner of Finance declared the
petition sufficient with the owners of 18 of a possible 2S (72%) tracts having
signed.
�3. IiISTOR�: There is no zoning history for this site.
�. PROPOSEn USE: The petitioner proposes to use the site as a storage area for a
contrac E:or.
D. FRONTAGE AND AREAo The rectangular parcel has a front�age of 200 feet alonh Clark
S�reet and a dept?i of 122 feet for an area of 24,400 sr;uare feet.
F. AREA ZONING: The area adjacent to the north of this parcel to Bush Avenue, as well
as the railroad property nc�rth and west of B�qsh �lvenue, is zoned Heavy Industry. A
T.ight Industry dir�trict frnnts on Eush Avenue one bloc' east of this site. The
remainc'er is zone�i "C" Res �'ence. 7'he northerly 20 fer�t of this parcel is zoned
Heavy Industry while the rernainder is "C" Residence.
F, C�MPREHENSIVE PLAN: The Co-�prehensive Plan calls for �� collector street running
in a W-NW'ly direction through this block at about the southern b��undary of this
site to Burr Strect. North of this street, the Plan rc�commends a Limited Industry
district to the railroad property. South of this strert the Plan reco�nends multi-
family developmer�-.
('. SITE C0�'DITIONS: The site has a steep slope from soutt� to north on its south side
and is F�;-ooded.
H� AREA CONDITIONS; To the north are the track�, and yard�: of the Northern Pa �ific
Railroad, The north line of $ush Avenue tapc�xs to a p��znt with the south l.ine. of
Bush Avenue east of Clark Street. Clark Street is unir�proved and not useable from
a poinY. appro�cimately 200 feet nor�h o� Minnehaha Avent�e. An industrial use
ad�oins the site t:o the north and east.
9� BOARD ACTIOr": To R?commend Q Approvsl � Denial Council Letter
Dated:
Moved by . Ben���hoof Yeas Nays 3/23/71
X Ames - Ch. Date of:
Seconded by: Mrs . Cochrane X Cochrane Hearing:
McPartlin
Secretary's remarks: x Maietta 3!25/71
Mansur Counci � Ac�t�i on:
x Be �sho+�f
Do ley Date:
Prifrel
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; _ _ _- ._,.. _>_ �, �
AP���CAN�' Harry L. ,Gilbert L����D
�t `� � , Rezone fXom "C" Resi,dence and Heavy
V!'����� Industry to Light Industry to provi.de L��� ���
storage area for a contractor
O OR!E-F����31LY
PRE�^EP�!T ZOl��t�G "�" Residence ana xeavy Industry �`- -�}- 'r'��_��,�,�I�..Y
� Ti�REE- ���',f��I�Y
PETITiON SIC�IERS � 8 of a possible Zs ��2°�0> - FOU�°�FQ��;f LY
' � MUL�f"l- FAMII.Y
FILE No. 7099 s a�COMt���ClAL
, - NOR,TH n n (�VD��STRIAL
`�/ �,�AC,��'�6 T
St. Pcaul Planning Board, Date� 2111/71 ���� Prot��rtv ��n�AP ,.,,���.��.-„��,..,
.�..E . � . � _. ,< . ,_., � .- # _ . �
OFFICIAL
RAMSEY COUNTY ABSTRACT OF TITLE �
. . _ . -1�-,e��3T'� �"O� Z�Ji'Ii:l� U�.��.'��JS@S
8 S ' `-,�
�✓
. � .
Lots 5, �7 , 10, L1 , and 14, BLock 12, Stinson 's
:' Addition �to City of St. Pau1.
•u:;�° O"� :1'i�::i?2Sfl L^c. ��:iC� �-
, - , cJ,c,
.i
c°.::zt�r o_ Ram�se;� Co�;.�y Absrac� Cier==
lilC�i �bSLI�GC� �\I.L�y k OI �R:,�,Se� CO°anzy hG_Gby i:EI^i,;l'i2S '''� ., -'
�: .,. �_..,
'O�ZOfidi?'?o Giti:1j.J.'..tiS c�nsiszir:g OT E:71`.�t'�cS �T'..i::iDvT'@".� L �O 1-2CL^i:.: ,,y. :`.:i��S
LI^::i° a:1.�.� CO':i1JZ��� �`GpOl'Ji'i O1"' ir?e , 8i.��.�E?:V O!V:^i��St1�'_J Oi ��u'v': G'- �-=�
�s�r:iba: p�^e�:ises., U;nich ir.cl:��e � p=e:::is�s in va��i�n and all pG=„��s
. � �wY:a Si ti'.�u.�G�' Zxl� L.ri�n $ r�:'wa'.i' S �O� ni' .
�f' f e.,., t�i �.::y p&:i. Oi° �:e
I
c1�L�O��3 nY'e�I;,ises� , �.li � �n by tr� -re��rus in the Reb�s�e-r o�:�
� r ld' '��
�C�;S �TIC��OY' tt2gj.ST:SY'�I ' I �� '�� 1 ��„^-,zCZ G`�',.I:'.�37.
� � ;q: ; �
� � ,� -_ � � � i �� 1
�
�� i' i;o ��
c;=ve�:. ai S�. Paal � �� ' '' ` �� Mar LL 1970 - �
�� ,, at o o° �_octi
j�,
r �. i� � ._. ....
� I� �� + ��y n' �s ��� �;��'�;'a
i�.bi •,�r.d�G� �nis c ted �o �2�.00. ti'Ti�ness �y
^x:d a:d seal af Of�'i.ce. �"' � �. I
. -�-;' p %. I
.. . ti. j���... �.'�� .
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riy�.� • , . � .
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#3047 ISSUED BY �
CO UNTIF� A�STRACT CLERK 152 COURT HOL?SE �
� S�'. FAUL, 11�INI�ESOTA ;
� . � � .�<�,�R.
;
.
F�,r:T, at�aisoo ;toti� � '`
M
. �
I
�•.c , � . • . ,• . . . w. � .
, � , .
L. Gilbert Koch, Inc. is the owner of Lots 5, 7 , L0, 11, and 14, Block
12 , Stinson's Addition to City of St. Pau1.
2. „ Robe�t L. Jones is the owner of Lots L thru S, BLock 12 , Stinson 's
Addition to City of St. Paul.
3. DonaLd Vernon Timm and Constance E. Timm are the owners of Lots 8
and 9, Bl.ock 12, Stinson's Addition to City of St . Pau1.
4. Fred RenaLLs and Mary Renslls are the owners of Lots 12, and L`3,
Bl ock 12, Stinson's Addition to City of St. Pau1.
5. Marrel G. Hathaway and Marjorie A. Hathaway are the owners of Lots LS
and 18, Block 12 , Stinson�s Addition to City of St. Pau1.
6. Leo nard Vitro and Lucy Vitro and Lucy Vitro are the owners of Lots
i6 and 17 , BLock 12, Stinson's Addition to City of St . �'aul.
7. AngeLo Mancini, Jr. and �Loria B. Mancini are the owners of Lot 19,
Bl.ock 12 , Stinson's Addition to City of St. Pau1.
8. Grace Omdahl is the owner of Lot 20, BLock 12, Stinson's Addition
to City of St. PauL
9. Chicago, Saint Paul, Mit�neapolis and Omaha RaiLway Company is the
owner of Lots L , 2, 3, 4, S, 6, 8, 9, 12, BLock L1 of Stinson•s
Addition to the City of Saint Paul.
L0. Michael J. Sauro is the owner of Lot 7 , BLock 11 , 5tin§onts' Qddition
to the City of Saint Pau1.
L1. Richard E. Bryan and Irene H. Bryan, are the owners of Lots LO atnd
L1, Block 11, Stinson' s Addition to the City of St. Faul.
12 . DonaLd E. Raverty and Richard J. Raverty are the owners of Lots 14
and L5, Block L1, Stinson's Addition to the City of Saint Pau1.
�%'"�. �
..:s �
.
�,;� ��
� �,� „�.,;�, �Y .,
������ FIL� � � �
, . . � - ,
� � � � OFFICIAL � �
� _ Continuation �
� �1�MSEY COUNTY ABSTRACT OF TITLE
� -�teporti Por Zoning Purpoeee .
._ , .,
$e� to
Lots 6, 7 , .L0, 11 and 14, Block L2, Stinson's
Addition to City of St. Paul.
' tate of Minnesote Off loe of
98
ounty of Ramaey Oounty Absraot Clerk
The Abetraat Clerk of R amsey County hereby oertifies that the
ollowing eahibits oonaisting of entries Numbered 1 to 12 oonetitutee
true and aomplete report of the apparent ownerehip of eaoh of tha
eearibed premisea, whioh inclu3e premises in oaption and all paraele
f land situate within a radius of L00 feet of eny part of the
aptioned premieee, all as' � by the reoorde in the Register of
I �II�r';io
eeds and/or Regietrar o �� 'A' ��� f eaid County.
�I�f ' �u I�Ik oj���l � �
� -i i I;� I;` II�r� � .
Given at St. Paul,� ]]�� ` n ; ,�, �,,�ct 2 1970 st 8 0' olock A. Y.
,��� �i �. , . ���
iability ur�ier this o �,�ted to �25.00. �fitnese my
--r�--_:; j�� _
erxi and seal of Offiaer -� �
. j
:, - - %-m> /
3
. . � :. . . e..,;}V�
� �.
/r'�.
' Abetraot 01erk of Rameey County
�
. �y _ 'Y�� b- �,�,;���Q-----,--..-
D eputy
,�"'�,, ,�� ,�"� .
.; , ,<,-,
#1.0o3S , ���,�'"�� ��' �'
.
�
- ����li�� ��lE .��.�
ISSUED BY
COUNTY �ABSTRACT CLERK 152 COL?RT HOUSE
ry ST. PAUL, MINNESOTA
� ,.��:.�:,:� '
E��:,� asc-iaoo
fS�t �,�... ; �,�IK f."'� ° 'r'��" s��'
^�"�
'.g�!y � ,�1 � ...71 5 J y 4 �'�i�� a �;4.r $A.�"�� �J}Mw .gt*' n x',.,
��.
. ,y '. r 'M x` t �'�'. r . .
� r- , . . ti ."✓{� 7,�_�{ " t �,t�.�� %}�r��`� y4;,r�.� i'4
Y
�a . , �� � $�� ��r `����`A � ,��� ;'+
. � i . 45 !�`'
. PETITION TO MIgND CHAPT�B 60 thru 64 �' T�:;�g�r� ���} �' � �� *
� �"� ' a� � ,
, : , ' � m� '+'�'t�k 1;
Note: Tbe signer should appraise bimselt of tbe us�s perwittrd t�1d�� �b� l��11 Ik3�'� : i���,
fic�tion belbre sigai� tb�,b petitiom. . !br #urtber ��o��i�'�.;ti�r ` <"
rezoning o! property, ca1L the Hoard o! Zoaiaa Otfic� st 2��131.
� r, :...
(Plea�e type or print)
D�Ite�
TO TI� HOI�ORABId's 11�AYOR AND CITY OOUNCIL
c/o the City Clerk, Room 386 City Hail
City of Saint Paul, Minaesote �
� Pursuant to 3ection 64.06 of the Legislative Code, we, the undersigned ownere ot
two-thirds of the several descriptions of reai estate 8ltuated pithin 100 feet oP
the real eatate affected, hereby acquiesce; ��and we, the owners of 34'�", or more of
, the frontage to be reciassitied, petition your Honorable Body to rezone the follow- .
ing described property: (legal description and street address)
from ��p R@s�da�e� District to L�9ht �Adul�t�Y Diatrict, for the
purpose of installing, constructing and/or operating the following;
(describe briefly the proposed facility)
RECORD OWNER SIGNATURE IiOT BIACK ADDITION
Sub,ject Property;
� M���i�an _ � � � 1 11 8�t in 80t��`e .
way om
2 11 �tin�on's
, . .
M l� and 3 11 �tin�on'� �
Ctm�tth�► �►ilway Ccrmpsu� 6 ��, S�i.u�at�'s .
.Micha�l J. �suro 7 il Stin�c���'�
RiQhard f. �e�r� 10 1� 8.t�sc►n'�r
� '� • . . � 11 li Bti�ason.'s
+ 37ona 8. Rav�r ``;
and 14 11 , S�i�son'�
� �ichard a'. R�►va��ty 15 11 Stin�on'$
State of �innesota (
County of Ramsey ( SS
8�3�"�► L. t�ilbert being flrst duly aworn, depo�es an��sota���{ that be .
is the person who circulated the within petition consisting of � p�ges;
that tbe partiea described above are tbe owner� reopectively of the Iots plACed � -
immediately toilowing es�ch name; that this petition �v�a aigned by escb of aaid
owners i the presence of this Atiiant, and that the signatures above are t6e true
aad co ct sigaatures ot each aad all o! the parties so described.
Subs bed and swora efo me �
h �p day o l�OV�l� =, 1970 . '
�- . Addre s: 489-�3423 Xlt��•Fsul
Telephone No.
Notary lic, uat I[ina.
1[y co ssion expires Appraved as to iare� l/4/65
Office oi tbe Corpors#ion Coun�il
MiI 1/5/65 Not G
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' � � . , CITY OF SAINT PAUL, MINNESOTA
PETITION TO AMEND CHAP'rER� 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE
Note: The signer should appraise himself of the uses permitted under the new classi-
� fication before signing this petition. For further information about the
rezoning of property, call the Board of Zoning Office at 223-4151.
(Please type or print)
Date:
TO THE HONORABLE MAYOR AND CITY COUNCIL
c/o the City Clerk, Room 386 City Hall
, Citv f Saint.# ,a nrtz,nnesota -
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_ s__r. _ � � _ >- - a �
�P�-�L������ Harry L. Gilbert L����i�
��f-�� �., Rezone from "C" Resi,dence and Heavy ! ���� ' t��
�t������a�-- Industry to Light Industry to provide L U
storage area for a contractor
O ORl�-Ff1�tf�ILY
('���.�3��vj Z�(`��(1��j "C" Residence and Heavy Industry --�-' '�'�e�Q_�r6*,��L�r
� Tf-yREE- f'�;P�91LY
PETITION SIGNERS lt� �f a �ossible 2s (�z�,) 7-C�- FOUFt-FAP,:1 LY
(� �IULTI- F�11�ILY
FILC No. �099 ���Qa��. • •nCGMME�CfaL
' � n INDUS-1'f�IAL
V VA��,(VT
St. Pa��l Planning Board, Date� z/11/71 L .��_�'r. _ P�'c�r��rL����.+�°�,�..�-,:��
�, _,
'l �y�S ,r Y�'�'�'V�' 1'°A��.P��t ak; � �.
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4 '��::°M#� A .� 1'b .'✓r 2 V!'. 1 r. �.
� ..
y � ..�, -i� �� � -r 5� r> r .���. .♦ � �, i"k};" �w�S; �ly'� :t �#�' t
rr Y� �. - � , � L4 r �h,
�` , � Q#�`;+ �' ���'�' �ew�Ry '��� _r + � �f
' � I 80 thru �4 Olr Tf�i L�t�IIl1rA'�+l"Z11� ('�OIi'IIiC#),`�` ��
, '�!'M'Il'I� 1�D J1YEl� CBAP'� - i� � �,
�ote: The sign�r sbonld appr�ise biNSeli ot the usea peraittsd w�der tl� �a�rir o�'r� .
�icatloa �lore signimg tbis pstitioa. For lurtber #�ator�tioa .abo�rt �!� 'a �j"�'� 4
�.:;�'�;
rezonia� o� proi�erty, cali the Board ot Zo�ning-0liloe �t �a3-+4151. � '�x '�
�� :
(Piease type or priat) Y`,F ��
�x v�i "�. .
D61te; � �
TO THS �I�IONORABLE. �AYOR AND CITY t70UNCIL � � �'�� � �� �
c/o the City Clerk, Koom 386 City Hall � \ �
City of Saint Paul, ldinnesota
Pursuant to 3ection 64.06 0! the Legislative Code, we, tbe uAdera�.gtted owtiea'A o� � r .,,,
two-thirds of the several descriptioAS oY real estate situ�ted Nithia i(10 faet tti * �
the real estate affected, hereby acquiesce; and we, the owners af SO�i or aarie `Ot `` �': ,�;
the frontage to be reclassified, petition your Honorable Body to rezo�ue tt�s toX1�-,, ���'
ing described property: (legal description and atreet address) � 1
�0�5 �� 7 /O� //� � /�j �oc� /2 ..5'�i•v� Q�s �d�i�i0h� �a �Jl
p�S1'! �.��c.� . �
from "C-" Residence District to Light Industry District, �or the
purpose of installing, conatructing and/or operating the following:
(describe briefly the proposed facility) .
RECORD OWNER SIGNATURE LOT BLOCK ADDITION
Sub,ject Property:
Chicago. St. Paul, �l 11 ,
M ls and
Omaha Railway Compa
. . �2 11 Stinson ' s
C icago, St. Pau , 3 11 `
ls a
✓ Omaha Railway Compan � •
�
✓ ichael auro '� `
' �� dRichard E. Br an ' �
✓I ene d r an 11 11 +
�
Don�a;ldand �averty l,� 11 ti
�
Ric�iard J. Ravert 15 11 tinson'
Gilbert-Koch, Inc. r s *
Stinson s
Gilbert-Koch, Inc. s . 7 12 Stinson's
Gilbert�Koch, Inc. � Pr s . 10 12 Stinson"s
Gilbert-Koch, Inc. es. 11 12 Stinson's
Gilbert-Koch, Inc. �es. 14 12 Stiz�son's
o nne o
ss
' County of ftamsey (
Harry L. Gi lber t being first duly sworn, deposes aad states tbat he
is the person who circulated the within petition consisting of two �pages;
that the parties described above are the owners respectively of tbe ots placed
immediately following each name; that this petition was sigAed by each o� said
owners in e presence of this affiant, apd that the signatures above are the true
and co ct signatures of each and all of the parties so described.
,. Sub ribed and sworn o be re me � �
- s o�j}' day Nove er, 197 0
Address; 78 C lsea Stre��_Pau1
Telephone No. 489-3423
Notary lic, C nn.
Yy co ission expires ved as to form 1/4/6S
O�'�� �'�� _�,��ic of the Corporation Counaol
FGI 1/5/65
Notd R
My ry •„
�fi�iss�on F�ni(�ta CoYFR �� l.� :
, _ _� X 4 ,
� r�'S sept o'M9�� ' . :
� ... >_ .._._ ...�. _... x �
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v-
• �' . r /
, . • , CITY OF SAIN'r PA�JL,, MINNESOT� � � �
' �� �' _
PETITION TO AMEND CHAPTER� 60 thru 64 OF THE LE(�T�LAT '�`�(�NING) CODE • ��
. ���� �
Note: The signer should appraise himself of the uses. �er ttec��ri�der the new classi-
. fication before signing this petition. For fyx�t'�her i�fp,r�n�ttion about the
rezoning of property, call the Board of Zoning Q��'�.a��'�srt 223-4151.
_.�, _-. :,
(Please type or print�' �� FILED j���
at r�� , l
TO THE HONORABLE MAYOR AND CITY COUNCIL L`'C E� �� dL r,'i I �
c/o the City Clerk, Room 386 City Hall ��i Y ��r^�`�'S C�rICE
City of Saint Paul, Minnesota ;T ri.UL� lii��'�•
Pursuant to Section 64.06 o�f the Legislative Code, we, the undersigned owners of
two-thirds of the several descriptions of real estate situated within 100 feet of
the real estate affected, hereby acquiesce; and we, the owners of 50q, or more of
the frontage to be reclassified, petition your Honorable Body to rezone the follow-
ing described property; (legal description and street address)
�Cc7tS 6� 7 /O // .�.vc� /� /3Lc�c�C., /,� ��i�v�v•c.�s �cf�i��o,c�
�a�,,Ya � �� o �' S7` /�t�. � ��sf���pP_ D� ����f�" .�f ,t��vP��f�; ��r,l
/�.r.���/l��r�it�P��.�/�r�
from "C" Residence District to Light Industry District, for the
purpose of installing, constructing and/or operating the following:
(describe briefly the proposed facility) Stor3ge area for contractor.
RECORD OWNER G LOT BLOCK ADDITION
Subject Property;
" Robert L. Jones � / � 1 12 Stinson's
✓Robert L. Jones , 2 12 Stinson's
�Robert L. Jones 3 12 Stinson 's
� Robert L. Jones ' � 4 12 Stinson's
; _
� Robert L. Jones 5 12 Stinson 's
,,,Donald Vernon Timm '
a 8 : 12 Stinson 's
JOINT TENANTS ,
� Constance E.� Timm 9 12 Stinson 's
� Marrel G. �iathaway = � u
1 12 i '
�Niarjorie A. Hat�away �` �.�. �� t �,.� . .J
� 18 12 Stinson 's
� Leonard Vitro �
�d 16 1 tinson ' s
� Lucy Vitro --
(JOINT TENANTS) - 1� 12 Stinson ' s
�Angelo Mancini, Jr. nd. `
✓Gloria B. Mancini J 19 12 Stinson's
Grace Omdahl 20 12 Stinson 's
� Fred Renalls and
Mar Renall 12 12 tinson 's
Fred Renalls and Mar e all
State of Minnesota ( 13 12 Stinson' s
County of Ramsey � ss
Harry L. Gilbert being first duly sworn, deposes and states that he
is the person who circulated the within petition consisting of tWp (2) pages;
that the parties described above are the owners respectively of the lots placed °
immediately following each name; that this petition was signed by each of said
owners in he presence of this affiant, and that the signatures above are the true
and cor ct signatures of each and all of the parties so described.
Subsc bed and sworn to bef re me '
thi �day o Nov er, 1970 � ,
- Addre . 478 Che sea StrStt Paul
Telephone No. 489-3423
Notary blic, Cou inn.
My co ission expires Approved as to form 1/4/65
� of the Corporation Counsel
FGI 1/5/65 ZOiV I tVG �!LE ��.�-
GEORGIANA MEYER � �,,
Notary Public, Uakota County, Minn. ��' :�`;,'•:
My Commission Expires SeQt. 20, 1974, �� 'a �
��� ,,�,�;;� .;;,,,,s�"
_ . !
r
Ma�°. 2�� 1`171
",^ri*ir; '�::.r�?
L��;.�s:.�r�.e _:lr��:�•
:�. :�:<...��..
.:C';'I���.E,r:ti:il�
`1't�e �au:�c;.J_ ru�"�rre�t bac'� �tca t}te :aonin;; �-��.r�, �'or �:1.i?'t11ew
c�ns3,d�ration t'r.e �ztter of t't� petiti�n o:E` �t�rr,y i,. �i:t.laert
t� rez�ane tc� I��3.;;;zt Incauu�ry District Lot;ti; r;, 7, ?_�?, :'..�_ �,raf.3
��}, I�lock 1'?, :7ti�son°s �1dd�.tic�n.
Very tru7,�� you?°�:
;,'ity- �lerle
�t��nb
Jan. 5, �9?�.
Mr. Riehard C. Hiniker
Attorney a� Law
1.20 S. L�.�ke ��vee
i�liite �ear L�ke, i�iinnesota
Dea.r 53.�:
Tiie Commissior�e:� of �'j.n�nee toda.y reported ta the Ci�y Gouncil
that the pet3tian for z�ezaning Lots 6� 7� 10� 11. and 1�+� Block 12�
Stinson•s .�aaitivn, on the east side of Clark St. bett�een Bush and
Miinnehaha .�ves.� ta �3.ght Industry District� i« insuf�'iclent.
For th3s reason, th� City Council is unable to con�ider this
matter.
Yery trul,y yours�,
City Clerk
ng
P.S, Mr. Har�r L. Gi2bert� who circulated ths petitian�, he►+s
also been natiPied about th3s matter.
ZC�t�tt
[�G F!�.� ` � `�� �
June 21, 1971
Mr. Tony Danna
Attorney at Law
510 N. W. National Bk. Bldg.
St. Paul, Minnesc�t�
Dear Sir:
Enclosed is a copy of an ord3taance re�oning the property
deseribed thereins aub�eat to certsein conditions sst out
in th� ard3.nanc�. �
We ca11 your epecial attention to Para�raph 2 of Sect3.on 2
a�' the crrd3rrance �hieh requir�s that you fi,1e a deed. of
negative easement in two part� iri this afPice within 6Q
�&Y$.
We encloa� tha de�d of negati�v�e eaaement form to be
f 311ed out and si�ated iri duplicate snd ret�u�ned to
this of�'ice.
Very tru2y yours,
City Clerk
��
_._--,�r�! _ �--- -_- �T _ . _
Payne-Minnehaha Corr�nunity Council ,��.�.St��i� ti�
715 Edgerton Street � ��;� F� � QLWQYcJ U ._..�
St. Paul, Minnesota 55101 �; � -�
� a r�av � ' Z 1 P C O���NFI ER-ilSle��.
. �s 7� °' - � _ _ '�"'
City Council
City of St. Paul
. City Hall
St. Paul, Minnesota 55102
� �
I s+ 2nd
Laid over to
3rd and app � _� Aa��+Qa
Yeas Nays �Yeas � `� Nays
Butler �Butler
Carlson �serlsvn�--.�
Levine evine
Meredith �. �1vt�F�di�T'i '
$prafka �prafka �
�
Tedesco �edeiee-�
Mr. President McCarFy
. Vice President Meredith