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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. $INCLA]R Notary Public, Ramsey County, Minnewta My Commission Expires Sept. 15, 1967• a W _ 7J co 'T to T, r• r 1 2 3 4j 5 6 7 K D �Mr . The West 80 feet of the East 205 feet of the South 133.25 feet of the North 266.50 feet of Lot 1, Kerwin's Outlots to the City-of St.Paul, Minn. THE ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY does hereby certify that from an examination of the records in the office of the Register of Deeds and /or Registrar of Titles in and for the County of Ramsey and State of Minnesota, it appears that the apparent owner or owners of the property within a radius of 100 feet of the above property which is to be rezoned are as follows: The East 288.45 feet of the S.J of Lot 1, Kerwin's Outlots to the City of St. Paul, Minn., except the S. 90 feet of the E. 85 feet thereof - Apparent record owner: Hillcrest Development, a limited partnership. Lot 1 Block 2, Mark Alan Addition No. 2 - Apparent record owner: Raymond P. Delkoski & Eleanor B. Delkoski, husband & wife (as joint tenants). The West 88 feet of the E. 288.45 feet of the S. 133.25 feet of the N. 266.50 feet of,`Lot �F1�,�' K6kwifi1s ;�Out1o,ts'to, the City of St.Paul, Minn. - Apparent recor$�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 of it �•4~� l ` .__ Y . j � J Af-p � X� • " I 7 I � r ! i � 1� 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 o f; lnz6t ° 1731 (�f - ��c- � rV �4 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. -z2 -L ��a s�L� 7 z 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 bat r, tv, IM N N LD N N LeA P—Pf= WT9. U 1Z i LU `a —s AVF- b 5 ! 4 2 1 G24 N en cn s I DeQI-1; C Al''';,l'CAD T4 liarvwy R, Hinz FILE NO. 5164 D TE : March 19, 1963 HOUSE 140".., 15 7 i'U'•il'QS�; Iic.Wvn� i ^; i, "It" to Camil.ercial I=E "'IT ON SICNER5: 8 of; a SciislLle 9 ov 88% ■7 1G7.5 V 0 O 11j l- (Y L U J r. 11Gi76 � ! m Cn CAL I F'0 (2Ki lA AVE 4 O IG50 b 5 ! 4 2 1 G24 N en cn s I DeQI-1; C Al''';,l'CAD T4 liarvwy R, Hinz FILE NO. 5164 D TE : March 19, 1963 HOUSE 140".., 15 7 i'U'•il'QS�; Iic.Wvn� i ^; i, "It" to Camil.ercial I=E "'IT ON SICNER5: 8 of; a SciislLle 9 ov 88% ■7 1G7.5 V 0 A\/s �yc O 2 6CALC I —10C]' b l- (Y L U J A\/s �yc O 2 6CALC I —10C]' 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) t111H /1111 was r..• all ' r.an uu •� 7� iii ► �/ MOM 1� 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 I _J 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