212899ORD-I N A N C E
COUNCIL FILE NO
PRESENTED BY ORDINANCE I
�w
a, il File No. 212899— Ordinance No.
tf QH9—By Frank L. Loss-
_ • Vic.,
AN ORDINANCE AMENDING THE ZONING C DE : % ters �o i s '4 gin .,z e g
°6 P e I60 XIatiae 'Cod: . t,
CHAPTERS 60 TO 64, INCLUSIVE, OF THE 9y ?� {.Ais Q-t-'i 'y blsz''`
SAINT PAUL LEGISLATIVE CODE, PERTAINING *.hrc+�ts.g5o °a =-ri
TO USE DISTRICTS ,HEIGHT DISTRICTS AND
REZONING OF CERTAIN PROPERTIES IN THE
CITY OF SAINT PAUL, AS AMENDED. THIS
IS AN EMERGENCY ORDINANCE RENDERED NECES-
SARY FOR THE PRESERVATION OF THE PUBLIC
PEACE, HEALTH, AND SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
aw
Section 1. That the Zoning Code, Chapters 60 to
64, inclusive, of the Saint Paul Legislative Code, pertain-
ing to Use Districts, Height Districts, and Rezoning of
certain properties in the City of Saint Paul, as amended,
be and the same is hereby further amended so as to rezone
the following described property from "A" Residence District
to Commercial District, to -wit:
The west 80 feet of the east 205 feet of
the south 1333.25 feet of the north 266.5
feet of Lot 19 Kerwinls..Gutlots to the
City of St. Paul, Minn., according to the
plat thereof on file and of record in the
office of the Register of Deeds in and for
Ramsey County,'Minnesota, being located on
the n:- cr,fhside of California Avenue between
White Bear Avenue and Flandrau Street.
Section 2. This ordinance is hereby declared to
be an emergency ordinance rendered necessary for the preserva-
tion of the public peace, health and safety.
Section 3. This ordinance shall take effect and
be in force upon its passage, approval and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson
Peterson
,"e RTs -(M-
Mr. President (i+- arotRisj-
Attes
"My 6erk
1M 8-82 X22
;W.
Y�
JUN 111;
Passed by the Council
6 Tn Favor
(0 Against
JUN I .
Approved:
Mayor
Q�i��
A"11cate to Printer '
O"RDINAN'CE
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING CODE,
CHAPTERS 60 TO 649 INCLUSIVE, OF THE
SAINT PAUL LEGISLATIVE CODE,. PERTAINING
TO USE DISTRICTS,HEIGHT DISTRICTS AND
REZONING OF CERTAIN PROPERTIES IN THE
CITY OF SAINT PAUL, AS AMENDED. THIS
IS AN EMERGENCY ORDINANCE RENDERED NECES_
SARY FOR THE PRESERVATION OF THE PUBLIC
PEACE, HEALTH, AND SAFETY.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
2V8919
Section 1. That the Zoning Code, Chapters 60 to
649 inclusive, of the Saint Paul Legislative Code, pertain-
ing to Use Districts, Height Districts, and Rezoning of
certain properties in the City of Saint Paul, as amended,
be and the same is hereby further amended so as to rezone
the following described property from "A" Residence District
to Commercial District, to -wit:
The west 80 feet of the east 205 feet of
the south ]3.25 feet of the north 266.5
feet of Lot 1, Kerwin's Ogtlots to the
City of St. Paul, Minn., according to the
plat thereof on file and of record in the
office of the Register of Deeds in and for
Ramsey County, Minnesota, being located on
the n-ctr.th aide of California Avenue between
White Bear Avenue and Flandrau Street.
(Al
Section 2. This ordinance is hereby declared to
be an emergency ordinance rendered necessary for the preserva-
t1on of the public peace, health and safety.
Section 3. This ordinance shall take effect and
be in force upon its passage, approval and publication.
5`
City of Saint Paul,-Minnesota
Petition to Amend Ordinance No. 5840, THE BUILDING ZONE ORDINANCE
January 31 , 1963
To the Honorable Mayor and City Council
c/o The City Clerk
City Hall and Court House
City of St. Paul, Minnesota >� --
Gentlemen:
3f g�6 3
i
Pursuant to Section 23, Ordinance 5840, 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 5% or more of the
frontage to be reclassified, petition your Honorable Body to rezone the follow-
ing described property:
The West 80 feet of the East 205 feet of the South 133.25 feet
of the North 266.50 feet of Lot 19 Kerwin's Outlots to the City
of St. Paul, according to the plat thereof on file and of record
in the office of the Register of Deeds in and for Ramsey County,
Minnesota;
from a CLASS A RESIDENTIAL District to a COMMERCIAL District, for the
purpose of installing, constructing and/or operating the following:
A parking area for businesses located on the Northwest corner of
White Bear Avenue and California Street, and as additional park-
ing area for the patrons of the Drive -in located at 1661 White
Bear Avenue.
RECORD OWNER
llcrest Development,
��]ted partnership
on�gract for deed
grchas.,ers:
llcrest Shopping
Center Associates
Raymond P. Delkoskl
Eleanor B. Delkoski
erald R. Hinz
Sandra Hinz
ESCRIPTION OF PROPERTY (LEGAL)
he East 288.45 ft. of the South
1/2 of Lot 1, Kerwinis Outlots to
the City of.St. Paul, Minn., ex-
cept the So. 90 ft. of the E. 85
ft. thereof.
Lot 1, Block 2, Mark Alan Addi-
tion No. 2, acc., etc.
The West 83.45 ft. 6f the E.
288.45 feet of the So- 133.25 ft.
of the No. 266.50 ft. of Lot 1,
Kerwin's Outlots to the City of
St. Paul, acc., etc.
y� Joseph Cicchese 7/),(lf.2 4�0_Cjepj,pExcept the N'ly. 133 ft. subject
I 41 to California Ave., the Wily. 52
Josephine Cicchese f the East 340.45 ft. of the
No. 1/2 of Lot 11 Kerwin's Outlots
to the City of St. Paul, acc., etc.
\ / Frank A. Gibson � e No. 133 ft. of the W. 78 ft. of
X the E.•366.45 ft. of Lot 1, Kerwin's
I` Amanda Gibson A Outlots to the City of St. Paul,
acc., etc.
0
o xGerald R. Hinz The W. 70 ft.•of the E. 195 ft. of
O 5 Contract for Deed the No. 133.25 ft. of Lot 1, Ker-
urc
Phasers: win's Outlots to the City of St.
= o• Paul, sec., etc.
James M. Arrigoni
3 z° .
DeLores E. Arrigoni
HARM 5N HINZ,-.being 1st sworn,states that he circulatefd the ab
signori %hereof to be the persons named and owners of the descri
sre CoRrct :xoed i presence. w
%sue � c�'ty o7`iKAlr�, ! 96 are
Y
ove petition, that he kn ws the
bed premises, and th-pt th ignaturee
dip-
First Trust Company
of Saint Paul - by
The Pure Oil Company
(Lease hold Interest) by
Harvey R. Hinz
STATE OF MINNESOTA)
)ss
COUNTY OF RAMSEY )
Z0�1he East 125 ft. of the No.
133 feet of Lot 11 Kerwin's
s t. vice rt -ardem Outlots to the City of St.
Paul, acc., etc.
R. D. IVJOLICO 3.. r17A
The So. 133.48 ft. of the No.
266.48 ft. of the E. 125 feet of
Lot 1, Kerwin's Outlots to the
City of St. Paul, acc., etc.
Respectfully submitted,
a LO
-
Harvey R. z. Petitioner
Harvey R. Hinz being first duly sworn, deposes and states that
he is the person who circulated the within petition consisting of two (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 the presence of this affiant, and that the signatures above are the
true and correct-signatures of each and all of the parties so described.
Subscribed and sworn to before me
this s;? day of March 1963
Page 2 of two pages.
C-0-Rt ON I. $INCLA]R
Notary Public, Ramsey County, Minnewta
My Commission Expires Sept. 15, 1967•
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The West 80 feet of the East 205 feet of the South 133.25 feet of the
North 266.50 feet of Lot 1, Kerwin's Outlots to the City-of St.Paul,
Minn.
THE ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY does hereby certify
that from an examination of the records in the office of the Register
of Deeds and /or Registrar of Titles in and for the County of Ramsey and
State of Minnesota, it appears that the apparent owner or owners of the
property within a radius of 100 feet of the above property which is
to be rezoned are as follows:
The East 288.45 feet of the S.J of Lot 1, Kerwin's Outlots to the City
of St. Paul, Minn., except the S. 90 feet of the E. 85 feet thereof -
Apparent record owner: Hillcrest Development, a limited
partnership.
Lot 1 Block 2, Mark Alan Addition No. 2 -
Apparent record owner: Raymond P. Delkoski & Eleanor B. Delkoski,
husband & wife (as joint tenants).
The West 88 feet of the E. 288.45 feet of the S. 133.25 feet of the
N. 266.50 feet of,`Lot �F1�,�' K6kwifi1s ;�Out1o,ts'to, the City of St.Paul, Minn. -
Apparent recor$�owner: - Harw�ey;R Hiniz`,7 0 ��(
Except the N' ly 1�33;Jfeet, subject to Cx1ifo�rnTla Ave., the VI ly 52 feet
of the E. 340.45 'fee`t''of �thye'"N:� nd Lot l Kerwin's Outlots to the City
of St.Paul, Minn. -
Apparent record owner: Joseph Cicchese & Josephine Cicchese,
husband and wife (as joint tenants).
The North 133 feet of the W. 78 feet of E. 366.45 feet of Lot 1
Kerwin's Outlots to the City of St.Paul, Minn. -
Apparent record owner: Frank A. CLbson and Amanda Gibson,
husband and wife.
That part of Lot 1 of Kerwin's Outlots to the City of St.Paul, Minn.,
described as follows to wit: Beginning at a point on the N. line of
said Lot 1, 195 feet W. from the NE corner thereof, thence W. along
said N. line a distance of 93.45 feet, thence S. a distance of 133.25
feet, thence E. a distance of 93.45 feet, thence N. a distance of 133.25
feet to place of beginning -
Apparent record owner: Raymond F. Hejny & Lorene M. Hejny,
husband & wife (as joint tenants).
The West 70 feet of the E. 195 feet of the N. 133.25 feet of .Lot 1,
Kerwin's Outlots to the City of St.Paul, Minn. -
Apparent record owner: Gerald R. Hinz.
The E. 125 feet of the N. 133 feet of Lot 1, Kerwin's Out Lots to the
City of St.Paul -
Apparent record owner: First Trust Company of Saint Paul,
(Minn. corporation) - the fee.
The Pure Oil Company (Ohio corporation), Leasehold interest.
The S. 133.48 feet of the N. 266.48 feet of the E. 125 feet of Lot 1
Kerwin's Outlots to the City of St.Paul, Minn. -
Apparent record owner: Harvey R. Hinz.
Taxes and Judgments not examined. .
Witness the signature of an authorized officer of the said Company and
its corporate seal this4:28th day of January, 1963 at 8' A.m.
ST. PAUL ABSTRAW AND TITLE GUARANTEE COMPANY
BYf;
An A t oriz. ignature
rdon Sinclair, 1396 White Bear Ave., St. au 6, Minn.
It �
GORDON I. SINCLAIR
Attorney at Law
1396 White Bear Avenue
Saint Paul 6, Minnesota
March 7, 1963 PRospect 4.6991
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April 30, 1963
The Honorable City Council
City Hall and Courthouse
St. Paul 2, Minnesota
Attention: Mr. James J. Dalglish
Commissioner of Finance
Gentlemen:
We, the undersigned, are opposed to the rezoning on
White Bear and California Avenues, File 15969, Pale 2.
NAME ADDRESS
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April 29, 1963
The Honorable City Council
City Hall and Courthouse
---St. Paul 2, Minnesota
Attention: Mr. James J. Dalglish'
Commissioner of Finance
Subject: Rezoning on
White Bear and California
Avenues.
File: 1599, Page 2
Gentlemen:
Pertaining to the subject matter, please be advised that•
after reviewing the Ldyout of the proposed zoning change
we, the undersigned, wish to withdraw our signatures from
the petition authorizing the change of the subject in
question from residential to commercial'.
We wish to emphasize that in fairness to the adjoining
tax payers, the operation of this establishment at the
present level should be contingent only on a 20 p.m.closing
law to eliminate the horn blowing and noisy behavior of the
customers at this drive -in while residents near by wish to
sleep.
It should also be the responsibility of the operator to take
care of the paper containers, order slips and usual trash
connected with this business before it litters the adjoining
residential district and then has to be picked up by the
property owners a block or more away.
We respectfully request that this letter be read at the
scheduled hearing on May 2, 1963.
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CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Court House, Zone 2
CApital 4 -4612
April 19, 1963
City Clerk
386 City Hall
St. Paul 2, Minnesota
Pursuant to Section 64.06 of the Legislative Code of the City of St.
Paul, you are hereby notified that a public hearing will be held in
the City Council Chamber in the Court House and City Hall at 10:00
A.M. on May 2, 1963 on the advisability of amending the Zoning Code
by changing the west 80 feet of-the east 205 feet of the south
133.25 feet of the north 266.50 feet of Lot 13 Kerwints 0utlots from
a, class "A" Residential District to a Commercial District. Property
located on the north side of California Avenue between Flandrau Street
and White Bear Avenue.
For further information call at Room 1315, Court House or phone CA. 4-
4612, Extension 251.
JAMES J. D.ALGLISH
Commissioner of Finance
File 15969, Page 1
RUSSELL F. SWEN3EN 1899 -1959
MORTIMER B.MILEY
CLAYTON E.NARVESON
DAVID W. NORD
ROBERT T.WHITE
BRUCE A.WEBSTER
ROBERT J. SWORDS
MILEY AND NARVESON
ATTORNEYS AND COUNSELORS AT LAW
MINNESOTA BUILDING
SAINT PAUL (.,MINNESOTA
April 30, 1963
Honorable Mayor and Council
of the City of St. Paul
City Hall - Court House
St. Paul, Minnesota
Re: Petition of Harvey R. Hinz to
Rezone from "A" to "Commercial,"
Lot on California Avenue at
White Bear Avenue
Gentlemen:
The undersigned has just been retained as attorney for the
petitioner in the above matter, which is set to come on for
hearing before the Council on this Thursday, May 2, 1963.
TELEPHONE
222 -2668
A preliminary review of the problem indicates that before an
adequate and proper presentation can be made to the Council,
it will be necessary to have certain architectural design and
perhaps engineering work done, the purpose of which will also
be to meet all possible objections to the rezoning, if there
be such, as well as, by use of the property in question, to
upgrade the decor of the area involved, both residential and
commercial. For this purpose the proper persons have just
been retained by the petitioner, Mr. Hinz, and they as well
as the undersigned will require additional time to complete
the necessary work as described above.
MILEY AND NARVESON
ATTORNEYS AND COUNSELORS AT' LAW
2 -
Honorable Mayor and Council April 30, 1963
In view of these circumstances, request is hereby made of your
Honorable body for a continuance of the hearing set for May 2,
1963 for a period of at least three weeks to accomplish the
purposes set forth above.
Thank you in advance for any consideration you may give this request.
Yours very truly,
Mortimer B. Miley
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Al''';,l'CAD T4 liarvwy R, Hinz FILE NO. 5164
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D TE : March 19, 1963 HOUSE 140".., 15 7
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To the Council
City of St. Paul
Gentlemen:
CITY OF SAINT PAUL
ELTOR A. DEjN
CAPITAL OF MINNESOTA
Valuation Engineer
J. WILLIAM DONOVAN
DEPARTMENT OF FINANCE
Asst. Valuation Engineer
VERNON E. RUDE
JAMES J. DALGLISH, Commissioner
Chief Cashier
THOMAS J. KELLEY, Deputy Commissioner
PAUL F. DFSCH
Chief Clerk
113 Court House, Zone 2
CApital4 -4612
March 15, 1963
I have checked the attached petition, filed in the matter of
rezoning
the West 80 feet of the Mast 205 feet of the South
133.25 feet of the North 266.50 feet of ?got 1,
Kerwin's 0utlots. Property is located on the North
side of California Avenue between Flandrau Street
and White Bear Avenue,
from a Class ieA" Residenital District to a "Commercial District,"
and find that said petition is sufficient.
Yours very truly,
awes J. glish
Commissioner of Finance
cc: Mr. Schroeder
City Architect
Mr. Wieland
Planning Board
°OFFICE OF 'CITY CLERK
BUREAU OF RECORDS
386 City Hall and Court House
St. Paul 2, Minnesota
Mr. Donald L. Isis,
Corporation Counsel.
Dear Sir:
MRS. AGNES H. O'CONNELL
City Clerk
HAROLD J. RIORDAN
Council Recorder
4199
May 17, 1963-
RECVVD
MAY 17 1963
CORPORA 11 tiv w UNSEL
The City Council requested that you draw an ordinance rezoning
from "A" Residence to Commercial property located on the north side of
California Avenue between White Bear Avenue and Flandrau Street., described
as the west 80' of the east 205' of the south 133.25' of the north 266.5'
of Lot 1, Kerwin's Outlots.
CITY OF SAINT PAUL - MINNESOTA 8.
PETITION TO REZONE
Very truly yours,
A petition having been filed request-
ing that Chapters 60 to 64 inclusive, St.
Paul Legislative Code, a Zoning,
be amended so as to rezone title- west
ft. the east 205 ft. o£ th—e south
_
I=k
80 of
133.25 ft. of the north 266.50' ft. of Lot
1, Kerwin's Outlots, located on the
north side of California between White
Bear and Flandrau, to Commercial Dis-
trict, the Council of the City of Saint
fore on
tenXo'cl ckk in the fo a
~
9631 at
the at Chamber in the City Hall
of said City, and at said time and
the Council will hear all per-
place,
sons and all objections and recom-
relative to said proposed
mendations
amendment.
Dated April 16, 1963.
4 ei
AGNES H. O'C CiNNELL,
(April 20, 1963)
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CITY OF SAINT PAUL - MINNESOTA 8.
RD OF ZONING, CITY OF SAINT PAUL
.........
••••• •:O TIN 6W. 251- 252-253 1315 CITY HALL AND COURT HOUSE SAINT PAUL Z, MINNESOTA
May 1, 1963 ,
Mrs. Agnes H. O'Connell
City Clerk
B uioding
Dear Madam:
This is in the matter of the petition of Harvey R. Hinz to rezone from
"A" residence to commercial property located on the north side of Cali-
fornia between White Bear Avenue and Flandrau Street; which is described
as the west 80 feet of the east 205 feet of the south 133.25 feet of the
north 266.5 feet of Lot 1,Kerwin's Outlots.
On March 15, 1963, the Commissioner of Finance reported the petition <
sufficient with the owners of 8 of a possible 9 (8876) tracts of land
within the prescribed 100 foot radius having signed the petition. The
site is vacant and at the street grade at the front property line and
increases in elevation so that it is approximately 6 feet above the street
grade of California Avenue at its north property line. It is proposed to
utilize the north 100 feet of the subject property for the purpose of ex-
tending the existing drive -in business now adjoining on the east which fronts
on White Bear Avenue; the south 33 feet of the subject property would be
used for off-street parking purposes ,in connection with the commercial uses
at the northwest corner of California and White Bear Avenues. The site has
a frontage of 80 feet on California Avenue and extends to a depth of 133.25
feet resulting in an area of 10,600 square feet. Directly west and adjoining
are single - family residences which front on California Avenue and maintain
a setback of at least 26 feet; north and adjoining are the rear yards of
two single - family residences which front on Larpenteur Avenue and which will
lie approximately six to seven feet above the subject property when improved;
east and adjoining is the existing drive -in business and commercial build-
ing which front on White Bear Avenue; south and across California Avenue
is the recently completed Gold Eagle Wash.
The Board of Zoning, after considering this matter at their regular meet-
ing of April 11, 1963, concluded it would not be in the best interests of
the community to extend the present commercial zoning on White Bear Avenue
any farther west on California Avenue. Therefore, the Board of Zoning
recommends the denial of the petition to rezone the above described pro-
perty to a commercial district.
Sincerely,
H. C. Wieland, Secretary
HCW :FGI Board of Zoning
Encl.
Z. F. 5164
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1st 2n
'Laid over to
to
3rd and app dopte
Yeas Nays Yeas Nays
Dalglish Dalglish
Holland Holland
Loss Loss
rMor-kinsQ.n Mortinson , /0 PeMY9611 ' Peterson
Rosen Rosen n
Mr. President Yavoulis — "— �— presiue.��f-
v
Adopted by the Council 196—
Yeas Nays
DA�LGLISH
HOLLAND
�OSS
, ORTINSON
✓PgfERSON
OSEN
MR. PRESIDENT
8