205250t '
Original to City Cleric
PRESENTED BY
toll 11
0-1
Yeas
Attest:
—14
Council File No. 205250 -- Ordinance No.
112125 —By Frank L. Loss -
1 An ordinance amending the Zoning
Code, Chapters 60 to 64, inclusive, of
the Saint Paul Legislative C o d e,
f ppertaining to Use Districts, Height Dis-
tricts and Rezoning of• certain proper-
ties in the City of Saint Paul. This is
ian emergency ordinance rendered nec-
essary for the preservation of the
public peace, health and safety.
Ir TbV
E
>UNCIL FILE
ORDINANCE
0.
2Uli
An ordinance amending the Zoning Code, Chapters
60 to 64, inclusive, of the Saint Paul Legisla-
tive Code, pertaining 'to Use Districts,_ Height
Districts and Rezoning of certain propertiles
in the City of Saint Paul. This is an emergency
ordinance rendered necessary for the preserva-
tion of the public peace, health and safely.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
WHEREAS, said Council upon an appeal, by the owner
of the subject premises, under and pursuant to Section
64.03 of the Zoning Code, Chapters 60 to 64, 1 elusive,
of the Saint Paul Legislative Code, pertaining to the
use of the following described plot of land si uate
within the corporate limits of the City of Saint Paul, in
a single ownership and divided by the common b undary line
of an "A11 Residence District and a Commercial istrict,
to -wit:
"all of Lots 1 and 2, and except the
south 100 -feet, Lots 11 and 12, Bloc'
4, Lake Phalen Addition No. 211;
duly provided therefor and granted the following relief
sought by said Appeal:
(1) A permit for-the extension to
subject plot, of a Commercial District r
building and business use authorized on
20.1 feet of the same zoned without qual
in a Commercial District, such plot bein
single ownership_and divided by a common
District and "All Residence District boun
(2) Additional relief, necessary f
commodation of such extension in respect
of said -plot, the north 70 feet of the s
feet of the east 50 feet of the same cla
a,Commercial District by virtue of a rec
tion pr6vided_by an amendatory ordinance
further amended said Zoning Code by ins6
therein provisions especially applicably
part of said plot and restricting the u
same to the single Commercial District 11
ing no more than off - street motor vehicl
facility contemplated to be operated asl
Of the prior and then existing restaura
and business use of the south 20.1 feet?
plot and which provisions required the d
Councilmen Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President (Vavoulis)
City Clerk
1M 11-61 22
Passed by the
he entire
staurant
he south
fication
in a
Commercial
ary line;
r the ac-
of a part
uth 90.1
ssified in
lassifica-
whi ch
rting
to said
e of the
se involv-
e parking
an extension
t building
of said
slivery
Favor
oiTfa�
a�
x"
-2-
of the subsisting negative easement imposing
the same use restriction on said part of said
plot, held by the City of Saint Paul; and I
(3) Additional relief for the amendment of
the document evidencing said subsisting negative
easement so that thereby the subject Nort4 70
feet of the South 9Q.. feet of the East 50 eet
of said plot classified, as aforesaid, inla Com-
mercial District, under said Zoning Code shall
'be restricted in regard to the use of thelsame
to "A" Residence District, "B" Residence District
and , "Oil Residence District uses and to the single
Commercial District use involving no morefthan
a Commercial District restaurant buildingland
business use in lieu of the aforesaid subsisting
restricted Commercial District use originally
imposed thereon, as aforesaid.
and it is deemed advisable that said Zoning Code, as
amended theretofore so as to rezone a portion of said
plot`,
"the north 70 feet of the south 90A
feet of the east 50 feet of the same,
otherwise described as the south 70
feet of Lot 1, Block 4, Lake Phalen
Addition-No. 211,.
from an "A" Residence District to a Commercia
and further by the insertion therein of provi
cially applicable to said portion of'said plo
restricting the use of the same to the single
District use involving no more than an off-at
vehicle parking facility and for the delivery
negative easement imposing the same Commercia
I/ use restriction. thereon;, IL- la.mended as hereir
and;
WHEREAS, said amendments to said Zoning
said rezoning and the insertion of said espec
sions-'therein applicable to said last -above d
parcel of land were effected by amendatory Or
No. 11316, approved September 2, 1958, and th
councilmanic action granting said relief upon
is; evidenced by that certain Resolution of sa
C." F. No. 205181, approved December 15, 1961)
and whereby said Council, pursuant to said Se
�of, said Zoning, Code,- determined..andvaried tY}
' of said - Zoning_ Code .applicable to said first "
described plot of land in harmony with the ge
and purpose of the same and so as to provide
practical difficulties or peculiar hardships
way of carrying out the strict letter of the
of said Zoning Code, so that the public heal
and general welfare might be secured and subs
justice done as the basis for the granting of
M
205zva
1 District '
sions espe-
t , and
(Commercial
reet motor
l of a
1 District
after provided,
r
Code for
Ial provi-
escribed
�dinance
e aforesaid
said Appeal
id Council,
whereunder
ction 64.03
e.- prov_i s.ions._
hereinabove
neral intent
against
in the
provisions
h, safety
tantial
said
lI
i
R *.
-3-
relief sought by said Appeal, and it is deemed
able that said especial provisions of said Zon
Code thereby determined and varied for said pu
be accordingly amended by virtue of this amend
ordinance.
Section 1. That the Zoning Code, Chapter
inclusive, of the Saint Paul Legislative Code,
to Use Districts, Height Districts and Rezonin
certain properties.-in the . City of Saint Paul,
be and the same is hereby further amended in_r
certain of the provisions,inserted therein as
thereto, by virtue of amendatory Ordinance No.
approved September 2, 1958, thereby made espec
applicable to the following described property
rezoned from "All Residence District to Commerc
"The South 70 feet of Lot 1, Block 4, Lak
Phalen Addition -No;• 2,_located on the wes
side of Arcade Street between'Wheelock -Pa
way and_East Nevada Street, according to
plat thereof on'file and of record in the
Office of the Register of Deeds in and fo
Ramsey County, Minnesota,"_
205250
vis-
ose
ory
60 to 64,
pertaining
of
s amended,
spect of
mendments
11316,
ally
thereby
al District:
in the following particulars, to -wit: that the following
especial provisions of said Zoning Code especilally appli-
cable to said last described parcel of land and inserted
by said amendatory ordinance, to -wit: I
"the employment of said real estate henc
is restricted and limited to the followi
specified uses, to -wit: (a) Residential
trict uses permitted by the regulatory p
visions of said Zoning Code, as amended,
"All Residence District, "B" Residence Di
and 'IC" Residence District, thereby esta
and '(b) Commercial uses which shall incl
more than the off - street parking of moto
as the-off-street parking of motor veh.ic
be permitted by the regulatory provision
Code, as amended, in Commercial District
by established,"
hereby are amended to read as follows:
"the, eniploymen't of said real estate hen
is restricted and limited to the follow
specified uses, to -wit: (a) Residentia
trict uses permitted by the regulatory
visions of said Zoning Code, as amended
"A" Residence Distrct, "B'I Residence Di
and "C'I Residence District, thereby est
and (b) Commercial uses which shall inc
more than the establishment, maintenanc
operation thereon of a restaurant build
and business permitted by the regulator
visions of said Zoning Code, as amended
Commercial District thereby established
and that the following provisions of said Zo
especially applicable to said last described
land and inserted therein by virtue of said
Ordinance, to -wit:
f or th
Is-
0-
in
trict,
lished
de no
vehicles
es shall
of said
there-
f orth
Vis-
ro-
in
trio t,
blished,
ude no
and
gro-
in a
ing Code
parcel of
mendatory
-4-
"That the owner of said real estate, wi
the period of 60 days, next succeeding the p
lication of this ordinance, shall file with
City Clerk, in two fully executed counterpar
said owner's written acceptance of this ordi
incorporating, among other things, said owne
grant unto said City of Saint Paul of a nega
easement affecting said real estate for the
tion, maintenance and enforcement of the afo
restrictions and limitations upon the employ,
and use of the hereinabove described real e�
approved as to form and execution by the Cori
Lion Counsel, and recordable in the office o
Register of Deeds." I
hereby are amended to read as follows:
"That the owner of said parcel of land
with, shall file with the City Clerk in two
executed counterparts, said owner's, grant,
said City of Saint Paul, of a negative ease
affecting said parcel of land, for the impo
maintenance, and enforcement of the aforesa
restrictions and limitations upon the emplo
and use of the same to Residential District
employments and uses permitted by the regu
provisions of said Zoning Code, as amended,
Residence District, "B" Residence District
Residence District thereby established, and
Commercial District employments and uses pe
by the regulatory provisions of said Zoning
as amended, in Commercial District thereby
lished which shall include-no more than the
establishment, maintenance and operation th
of a Restaurant Building and Business permi
In such Commercial District; and that such
tine easement grant shall be deemed amendal
thereof and to supersede any prior negative
ment grant affecting the same parcel of lan
heretofore required by any prior provision)
Zoning Code by virtue of any amendment ther
under said Ordinance No. 11316; that, addi�.
to all other requirements therefor, said ne
easement grant shall incorporate a certifi+e
of this amendatory ordinance and said owner
acceptance of the same; that the same shall
205 50
m
LS,
trance,
is
five
Lmposi-
resaid
ment
tate,
pora-
f the
f orth-
fully
unto
ien t
sition,
.d
,went
atory
in "A"
and "Cu
to
rmitted
Code,
estab-
e reon
tted
nega-
ory
ease-
d and
of said
eto
ional
gative
d copy
is
1 be
approved as to form and execution by the Corpora-
tion Counsel; and that upon the aforesaidifiling
of the same, the City Clerk shall cause one of
such counterparts thereof to be filed of record in
the Office of the Register of Deeds in and for
Ramsey County, Minnesota."
Section 2. That said Resolution of said Council, C. F.
No. 2051812 approved December.151 1961, and every grant of
permit and relief upon said Appeal, thereunderi hereby
are in all things approved, ratified and confirmed.
Section 3. This ordinance is hereby declared to be an
emergency ordinance rendered necessary for thelpreserva-
tion of the public peace, health and safety.
1 original to City Clerk _ • • '
ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO
205250
Section 4. This ordinance shall take effect and be
in force upon its passage, approval and publication.
Im
Yeas
Councilmen Nays
Holland
Loss
Mortinson
Peterson
Rosen
Mr.
President (Vavoulis)
Attest: /"
c
C
V City Clerk
1M 11-81 4EBO 22
Passed by
Approved:
I
JAN 5 1962
C/ I
In Favor
IAgainst
f JAN 5 1861
UMayor t'•
a
CL
P TO THE HONORABLE MAYOR AND CITY COUNCIL
City of Saint Paul
Court House and City Hall
St. Paul 2, Minnesota
Re: Toke and Pella
1449 Arcade Street
St. Paul, Minnesota
N 0 T I C E O F A P P E A L
E
THIS IS NOTICE that Toke and Pella, a partnership composed of
Toke Yonekawa, Tae Yonekawa, Tadeusz Augustyniak and Pella Augultyniak,
hereby appealsto the Honorable Mayor and the Council of the City of
St. Paul pursuant to Section 64.03 of the Zoning Code of the City of
St. Paul, Minnesota, to vacate the negative easement heretofore imposed
upon part of the plot upon which their restaurant business is ocated
and to extend the commercial zoning now applicable to part of aid plot
.� ... p.:n•.r_ +_...���� °. �= y.. ��:. 530��i�+ :+ �i+ it. YSiaiC% r.: l' bmf�4( trl�./ 3littJ" e• �iQ%: a• �'• �Z71C ':4'.:i��:_7k.A7�,s;�idti'w'.5, �7:•%`�iiY.7�+'aY
to the whole thereof.
. This appeal is based upon the following facts and conclusions:
WHEREAS, the description of the entire plot involved on this
" ll appeal is ascfollows: Z �
1 Lots 1 and 21 and Lots 11 1ex .. 1 (� � 'lie FILE _4_-�Z
South 100 feet of said Lots 11 and 1 , a
Block 4, "Lake Phalen Addition No. 2" accord -
ing to the plat thereof on file and of record
in the office of the Register of Deeds in and
for Ramsey County, Minnesota, and
WHEREAS, that portion of said plot described as Lots 11 and 12
except the South 100 feet thereof, Block 4, "Lake Phalen Addition No. 2,"
is presently zoned as Commercial District is imp�+�oved with a commercial
restaurant building thereon and houses a restaurant now being operated
therein, and,
WHEREAS, that part of said °plot described as the South 70 feet
of said Lot 19 Block. 14, "Lake Phalen-Addition,No. 29" is presently zoned
as Commercial District, but by ordinance and negative easem nt is limited
to use for,off- street parking only,-,and,
F•
Page 1
r
WHEREAS, the remainder of said plot is zoned as Residence "A" District,
and.- �' r
WHEREAS, the building'now'housing'said restaurant is inadequate in
size to accommodate an operation such as the location and area deserve and
the division of said plot'into the -,various zones aforesaid 1preven s the con-
struction upon said plot of - a4building which would_be-'adequate �d in harmony
with the area.
THEREFORE, it is hereby concluded and urged in support ofk this appeal
that the elimination of the negative easement and the extension of the zoning
of said entire plot to a Commercial District would be in harmony with the
general purpose and intent of the Zoning Code, and would eliminate the
practical difficulties and peculiar hardships which by reason of the present
zoning now exist. ;
t
It is further concluded and urged that the relief hereb sought is,
from the standpoint of operations now carried on upon said plo , desirable t
and will, so far as the general public is concerned, constitut a minimal
variance only of the Zoning Code only and will in no way adversely affect
the public health, safety and general welfare ;, that on the contrary the-pro-
posed building will-improve-the appearance of the area and wil be of benefit'
to the public in that it will permit the operation of a restaurant thereon
in keeping with the area both as to appearance, accommodations and service;
that the neighborhood is in fact in need of such an improvemenit.
WHEREFORE, appellant respectfully requeststhe Honorable'Mayor and the
Council of the City of St. Paul by appropriate resolution andlordinance to
vacate the negative easement hereinbefore described and rele�se the same of
P
record and extend the zoning of said lot to a Commercial District as to the
r r
whole thereof, namely as to all of
Lots 1 and 2, Block 4, "Lake Phalen Addition No. 2"
according to the plat thereof on file and of record
in the office of the Register of Deeds in and for
Ramsey County, Minnesota. I
TOKE AND PELLA, a
" NAHURSKC AND C
zoo FlU s AttorneX
630 Minns ta Buildi
St. Paul , Minneso-t
' Page 2 f
J}
Lots 1 and 2, Block 4, and Lots 11 & 12 except
the South 100 feet thereof, in said Block 4,
"Lake Phalen Addition No. 2"
(Apparent record owner: Toke and Pella, a
Partnership composed of Toke Yonekawa, Tae
Yonekawa, Tadeusz Augustyniak and Pella
Augustyniak)
THE ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY doeslhereby 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: I
1. Lots 11 and 12 except the N. 60 feet thereof in Block 3, of
Lake Phalen Addition, St. Paul, Minn. -
Apparent record owner: Florence M. Morrisette.
2. Lot 10, Block 3, Lake Phalen Addition -
Apparent record owner: Armine and Cecilia Shomion, husband &
wife (as joint tenants).
Li 0 L. L i4
3. Lot 9, Block' r3; , +Lake.: Phalen Addition -
Apparent record Downer :
(as joint tenants)-.
; Olga , J. Wiener,` and E. Nil a Pearson,
nants).
4. Lot 3 except the West 46 feet thereof, Block 4,
"Lake Phalen Addition No. 2" -
Apparent record owners: Toke and Pella, a part ership
composed of Toke Yonekawa, Tae Yonekawa, Tadeus
Augustyniak & Pella Augustyniak.
5. The East 14 feet of Lot 4 and the West 46 feet ;of Lot 3, Block 4,
"Lake Phalen Addition No. 2" -
Apparent record owner: Tadeusz Augustyniak & Pella Augustyniak,
husband & wife (as joint tenants).
6. The E. 4 feet of Lot 5 & allaf Lot 4 except the E. 14 feet
thereof, Lake Phalen Addition No. 2, (in Block 4) -
Apparent record owner: James W. Dombrosky & Jeanne D. Dombrosky
(as joint tenants).
7. The S. 100 feet of Lots 11 & 12, Block 4, Lake Phalen Addition
No. 2; and an easement for purpose of ingress & egress to &
from the above described land over following described tract:
Beginning at a point on the E. line of Lot 12 distant 100 feet
N. of the BE corner of said lot, thence N. on E. line of Lot 12
and Lot 1, 35 feet, thence SW'ly on a straigh line to a point
in the N. line of the tract described in paragraph 1st above
set out 20 feet W'ly from point of beginning, thence E. on a
straight line to point of beginning.
Subject to "13" Leases 66 to Continental Oil Company, for'term
of 25 years, commencing April 1, 1954 and en ing March 31, 1979.
Apparent record owner: Third Stokely Corpor tion.
S. E.1 of Lot 9 and all of Lot 10, all in Block 4, Lake Phalen
Addition No. 2 -
Apparent record owner: Toke and Pella, a Pa tnership
composed of Toke Yonekawa, Tae Yonekawa, Tad�eusz Augustyniak
& Pella Augustyniak. I
"
I
it,
-
�i - -
u
Lots 1 and 2, Block 4, and Lots 11 & 12 except
the South 100 feet thereof, in said Block 4,
"Lake Phalen Addition No. 2"
(Apparent record owner: Toke and Pella, a
Partnership composed of Toke Yonekawa, Tae
Yonekawa, Tadeusz Augustyniak and Pella
Augustyniak)
THE ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPANY doeslhereby 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: I
1. Lots 11 and 12 except the N. 60 feet thereof in Block 3, of
Lake Phalen Addition, St. Paul, Minn. -
Apparent record owner: Florence M. Morrisette.
2. Lot 10, Block 3, Lake Phalen Addition -
Apparent record owner: Armine and Cecilia Shomion, husband &
wife (as joint tenants).
Li 0 L. L i4
3. Lot 9, Block' r3; , +Lake.: Phalen Addition -
Apparent record Downer :
(as joint tenants)-.
; Olga , J. Wiener,` and E. Nil a Pearson,
nants).
4. Lot 3 except the West 46 feet thereof, Block 4,
"Lake Phalen Addition No. 2" -
Apparent record owners: Toke and Pella, a part ership
composed of Toke Yonekawa, Tae Yonekawa, Tadeus
Augustyniak & Pella Augustyniak.
5. The East 14 feet of Lot 4 and the West 46 feet ;of Lot 3, Block 4,
"Lake Phalen Addition No. 2" -
Apparent record owner: Tadeusz Augustyniak & Pella Augustyniak,
husband & wife (as joint tenants).
6. The E. 4 feet of Lot 5 & allaf Lot 4 except the E. 14 feet
thereof, Lake Phalen Addition No. 2, (in Block 4) -
Apparent record owner: James W. Dombrosky & Jeanne D. Dombrosky
(as joint tenants).
7. The S. 100 feet of Lots 11 & 12, Block 4, Lake Phalen Addition
No. 2; and an easement for purpose of ingress & egress to &
from the above described land over following described tract:
Beginning at a point on the E. line of Lot 12 distant 100 feet
N. of the BE corner of said lot, thence N. on E. line of Lot 12
and Lot 1, 35 feet, thence SW'ly on a straigh line to a point
in the N. line of the tract described in paragraph 1st above
set out 20 feet W'ly from point of beginning, thence E. on a
straight line to point of beginning.
Subject to "13" Leases 66 to Continental Oil Company, for'term
of 25 years, commencing April 1, 1954 and en ing March 31, 1979.
Apparent record owner: Third Stokely Corpor tion.
S. E.1 of Lot 9 and all of Lot 10, all in Block 4, Lake Phalen
Addition No. 2 -
Apparent record owner: Toke and Pella, a Pa tnership
composed of Toke Yonekawa, Tae Yonekawa, Tad�eusz Augustyniak
& Pella Augustyniak. I
"
I
it,
-
�i - -
3
• �
l
,
9. Lot 8'except the West 6 feet thereof, the W.J of Lot 9,
Lake Phalen Addition No. 2. Reserves right toIuse Lots 1, 2,
11 & 12, Lake Phallen Addition No. 2 as commercial property.
Apparent record owner: Emma A. Nelson & Earl Nelson.
10. The W.J of NWj, Sec. 21, T. 29, R. 22 -
Apparent record owner: City of St. Paul.
Taxes, Judgments and encumbrances not examined. '
Witness the signature of an authorized officer of tie said Company
,
and its corporate seal this 8th day of March, 1961 at 8 A. M.
ST. PAUL ABSTRACT AND TITLE GUARANTEE COMPA
BY
An Authorized Sig-nat4r--e
-
i
For Nahurski & Cyptar
t
I -
z
To-t-hp-.Hon.--Qe-orge.-Vav-oulis, Mayor --of -the- City--of- St.
and the City Council:
Gentlemen;
-Al
We-,
the undersigned, _ neighbors- of-thiLt"reStaurant.b-usiness Jmown----
_—
as Tok�i Pellals, located at the corner of Nevada and Arcade treets,
St. ,Paul, t
_MinResota,' - inappreciation of the many " improvements - I hi- ch -they
hav_�;_made at said -corner and with full faith that they will co tinue to
improve the same to the benefit of our entire neighborhood, hereby give
our consent to the re- zoning for which they,are petitioning, and we urge
favorable action in their behalf:
NAME ADDRESS
" _ _Y_, _�_- _�_ -__ _�____ -. __� _ __ 1 41
I RL
:Az
fv
X/9W
Is _ -_ _
�'__ _-i- ___ __1�9� __
law
zo,
To-the -.Hon. George Vav_oulis_, -Mayor of the- City_o.f_St._,Paul,
ii and the City Council:
Gentlemen:
_We,, the. undersigned_,. - neighbors of that restaurant business_knowxl ,
as Toke & Pella's,, located at the corner of Nevada and Arcade Streets,
_St._ Paul, Minnesota. in appreciation of the many improvements which _they
have made at said corner and with full faith that they will continue to
- improve the same to the benefit of our entire neighborhood, hereby give
our consent to the re- zoning for which they are petitioning, r d we urge _
favorable action in their behalf:
k NAME ADDRESS
i - I J c.�p
1
1
rte,
I ,
Tj
` w March -lith 1961.
To the Hon, George Vavoulis Npor of_the_City_ of fit. Paul
r and the City Council;
' Gentlemen;
1! We. the undersigned, neighbors of that restaurant bILSiness known
as Toke €o Pellats,- located at the corner of Nevada and Arcade Streets St
Paul. Minnesotan in appreciation of the mmrmp improvements which they have
made at said corner and with full faith that they will continue to improve
"� tt�e sameo -the benefit of our entire neigborhood�- hereby give our consent
j!
to the re- zoning for which they are petitioning and we urge favorable action
— ADDRESS - - -- -- - - - -- - - - -
-7
_ji
— —
1:
1F
i
"JI
Re: Toke and Pella
1449 Arcade Street r
St. Paul Minnesota
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY, )
Tadeusz Augustyniak, being first duly sworn, deposes and says
that he is one of the partners, the owners of that certain business known
as Toke and Pella's, engaged in the restaurant business at 1449 Arcade
Street, St. Paul, Minnesota; that there is now pending before the Council
of the City of St. Paul an Appeal under Section 64:03 of the Zo ing Code of
the City of St. Paul, Minnesota., an Application for Relief as hereinafter
set forth with greater detail; that affiant makes this affidavit for the }
purpose of stating the position of the appellants and the facts) upon which
the relief sought is based. The facts concerning the same are as'follows:
Affiant and the other members of said partnership ar the owners
in fee of the North 20 feet of Lots 11 and 12 and all of Lots F1 and 2,
Block 4, "Lake Phalen Addition No. 211, which portions of said Lots 11 and 12
are contiguous to said Lots 1 and 2, and together constitute rectangle
located at the southwest corner of Arcade Street and Nevada Avenue in the -
City of St. Paul, and is of the approximate dimensions of 140 feet in,length `
along Arcade Street and 100 feet in depth along Nevada Avenue
That said North 20 feet of Lots 11 and 12 is zoned. ommercial,
without restriction, and there is constructed upon it• and now in operation
a restaurant building operated by said partnership. That the South 70 feet
of said Lot 1 was zoned commercial in the year 1958, but restricted by
negative easement to use as off - street parking only, and is improved and'
now used as a parking lot in the operation of said business; that the re-
mainder of said rectangle is zoned Residence A District; that the whole "of
said rectangle is in one ownership, namely, Toke and Pella, partnership. ;
That said partnership has developed its business aI t said location
to a point where the present facilities are inadequate to accommodate the
business; that in so doing, said partnership has built up a family type +
- 1 -
r
community restaurant, for which there is both a need and a demand in the
"immediate surrounding area; that to properly accommodate t e potential patrons
in the area and to give them the service which they deserve it is nesessary
to provide more spacious and modern facilities; that,due to the peculiar zon-
ing of the-parcels hereinbefore described, all of which constitute one"
rectangular plot as•hereinbefore described," the said plot J.-for practical'
purposes, unsuitable for any use other than the extension of� its present use
to the whole thereof. :-'•
That said partnership proposes to construct upon the said plot,
if permitted to do so, a new modern building upon the northJay portion of
said Lots 1 and 2, observing the setback line on Nevada Avenue, and eventually
to'demolish the present restaurant building and devote the part of said plot'
not occupied by the new building to off - street parking to be used in con-
junction with said restaurant business. The said partnership proposes to
such
build the new building of /architectural design and appearance as to blend
well with the residential character of the area to the West and North of
said plot and Phalen Park Golf Course across Arcade Street from it.
To summarize appellants' position, affiant states that the relief
sought-is to extend the commercial use now permitted upon that part of said
plot zoned commercial, without restriction, to the entire plot and to
remove the negative easement which restricts the use of part o said plot
to off - street parking only, in order to permit a building of prDper size and
design to be constructed upon said plot so as to utilize said plot for the
best and practically the only use to which it is suited.
That this Affidavit is made in support of,the Appeal of said part-
nership, known as Toke and Pella, now pending before the Counci of the City
of Saint Paul.
Subscribed and sworn to before me
this A4 day of October, 1961.
nAj JIM1,1111wz4�
FRAN J. NAHURSKI
No, Pu , , ;:amsey County, Minn,
My Co on Fxpirea Apr. 20, 196Z, — 2
a
AugU8tvnaik
,
,rf•
•
� 1 •b I
C6J
CIS
W
GG
i�
V-
T--I
tot
0
s - I
DEED OF NEGATIVE EASEMENT AND ACCEPTANCE
OF ORDINANCE
THIS INDENTURE, made and executed this 1'
of January, 1962, by and between Toke and Pella, e
ship, of the County of Ramsey, State of Minnesota,
inafter designated "the first party ", and City of
Paul, a municipal corporation, hereinafter designs
"the second party ";
WITNESSETH:
WHEREAS, the Zoning Code, Chapters 60 to
inclusive, of the Saint Paul Legislative Code, per,
ith day
partner -
here -
>a int
;ed
64,
ining
to Use Districts, Height District, and rezoning ofIcer-
tain properties in the City of Saint Paul, as amended, was
further amended, by Ordinance No. 12125, approved January 59
19629 in respect of certain of the provisions therein in-
serted as amendments thereto, by virtue of amendatory
Ordinance No. 11316, approved September 2, 1958, thereby
made especially applicable to the following descri ed real
estate thereby rezoned from "A" Residence District to
Commercial District:
NOTED TO ASSECSSOR
The South 70 feet of Lot 1, Block 4, EUf ELI I�1fl1VICK,
Lake Phalen Addition No. 2, located on pt,ditor, Ramsey County, Minnesota
the west side of Arcade Street between I
Wheelock Parkway and East Nevada Street' Deputy
according to the plat thereof on file and '
of record in the Office of the Register
of Deeds in and for Ramsey County, Minnesota,
in the following particulars, to -wit: that the following
especial provisions of said Zoning Code especially applicable
i
to said hereinabove described parcel of real estate and
therein inserted by said amendatory Ordinance No. 11316,
to -wit:
F_
CD
Y
0
0
s
"the employment of said real estate he'
forth is restricted and limited to the
following specified uses, to -wit: (a)
Residential District uses permitted by
regulatory provisions of said Zoning Co
as amended, in "A" Residence District,
"B" Residence District, and "C" Resider
District, thereby established and (b) C
mercial uses which shall include no mor
the off - street parking of motor vehicle
the off - street parking of motor vehicle
be permitted by the regulatory provisio
said Code, as amended, in Commercial Di
thereby established,"
were, by virtue of said Ordinance No. 12125, amen
read as follows:
•e—
;he
le,
;e
:)M-
B than
s as
s shall
as of
Strict
led to
"the employment_of said real estate hence-
forth is restricted and limited to the follow-
ing specified uses, to -wit: (a) Residential
District uses permitted by the regulatory
provisions of said Zoning Code, as amended,
in "A" Residence District, "B" Residence
District, and "C" Residence District, thereby
established, and (b) Commercial uses which
shall include no more than the establishment,
maintenance and operation thereon of a restaurant
building and business permitted by the regulatory
provisions of said Zoning Code, as amended, in
a Commercial District thereby established;
and the following provisions of said Zoning Code especially
applicable to said described parcel of real estate and therein
inserted by virtue of said amendatory Ordinance No. 113169
to -wit:
"That the owner of said real estate, within the
period of 60 days, .next succeeding the publica-
tion of this ordinance, shall file with the
City Clerk, in two fully executed count rparts,
said owner'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 im-
position,maintenance and enforcement of the
aforesaid restrictions and limitations upon the
employment and use of the hereinabove described
real estate approved as to form and execution
by the Corporation Counsel, and recordable in
the office of the Register of Deeds,"
- 2 -
i
Y
0
0
were, by virtue of said Ordinance No. 12125,
read as follows:
;d to
"That the owner of said parcel of land,
forthwith, shall file with the City Clerk
in two fully executed counterparts, said
owner's, grant, unto said City of Saint)
Paul, of a negative easement affecting said
parcel of land, for the imposition, main-
tenance, and enforcement of the aforesaid
restrictions and limitations upon the em-
ployment and use of the same to Residential
District employments and uses permitted by
the regulatory provisions of said Zoninngg
Code, as amended, in "A" Residence District,
"B" Residence District and "C" Residence
District thereby established,,and to Com-
mercial District employments and uses per-
mitted by the regulatory provisions of Jai"d
Zoning Code, as amended, in Commercial Dis-
trict thereby established which shall include
no more than the establishment, maintenance
and operation thereon of a Restaurant Build-
ing and Business permitted in such Commercial
District; and that such negative easement
grant shall be deemed amendatory thereof and
to supersede any prior negative easement
grant affecting the same parcel of land and
heretofore required by any prior provision
of said Zoning Code by virtue of any amendment
thereto under said Ordinance No. 11316; that,
additional to all other requirements therefor,
said negative easement grant shall incorporate
a certified copy of this amendatory ordinance
and said owner's acceptance of the samej, that
the same shall be approved as to form acid
execution by the Corporation Counsel; and that
upon the aforesaid filing of the same, the
City Clerk shall cause one of such counterparts
thereof to be filed of record in the Office of
the Register of Deeds in and for Ramsey County,
Minnesota,"
WHEREAS, said first party on the 5th dai of
January, 1962, was and ever since said date has been the
owner, in fee simple, of all of said hereinabove described
real estate and for itself, its successors and asligns
hereby intends to accept said Ordinance No. 12125 and to
provide for the imposition, maintenance and enforcement of
such thereby amended special restrictions-upon• thI use of
said hereinabove described real estate to run with the land
and to grant unto said second party, in further compliance
- 3 -
4r
i
Y
0
0
were, by virtue of said Ordinance No. 12125,
read as follows:
;d to
"That the owner of said parcel of land,
forthwith, shall file with the City Clerk
in two fully executed counterparts, said
owner's, grant, unto said City of Saint)
Paul, of a negative easement affecting said
parcel of land, for the imposition, main-
tenance, and enforcement of the aforesaid
restrictions and limitations upon the em-
ployment and use of the same to Residential
District employments and uses permitted by
the regulatory provisions of said Zoninngg
Code, as amended, in "A" Residence District,
"B" Residence District and "C" Residence
District thereby established,,and to Com-
mercial District employments and uses per-
mitted by the regulatory provisions of Jai"d
Zoning Code, as amended, in Commercial Dis-
trict thereby established which shall include
no more than the establishment, maintenance
and operation thereon of a Restaurant Build-
ing and Business permitted in such Commercial
District; and that such negative easement
grant shall be deemed amendatory thereof and
to supersede any prior negative easement
grant affecting the same parcel of land and
heretofore required by any prior provision
of said Zoning Code by virtue of any amendment
thereto under said Ordinance No. 11316; that,
additional to all other requirements therefor,
said negative easement grant shall incorporate
a certified copy of this amendatory ordinance
and said owner's acceptance of the samej, that
the same shall be approved as to form acid
execution by the Corporation Counsel; and that
upon the aforesaid filing of the same, the
City Clerk shall cause one of such counterparts
thereof to be filed of record in the Office of
the Register of Deeds in and for Ramsey County,
Minnesota,"
WHEREAS, said first party on the 5th dai of
January, 1962, was and ever since said date has been the
owner, in fee simple, of all of said hereinabove described
real estate and for itself, its successors and asligns
hereby intends to accept said Ordinance No. 12125 and to
provide for the imposition, maintenance and enforcement of
such thereby amended special restrictions-upon• thI use of
said hereinabove described real estate to run with the land
and to grant unto said second party, in further compliance
- 3 -
0
i
with the conditions of said Ordinance No. 12125, a negative
easement therefor;
NOW, THEREFORE, said first party, as such
of said hereinabove described real estate, for itself,
its successors and assigns, does hereby covenant and bind it
itself, its successors and assigns unto the second party that,
in accordance with said Zoning Code, particularly J the same
has been amended by said Ordinance No. 12125, said real estate
i
has been effectively restricted and limited in respect of its
use and employment and shall henceforth be restricted and
limited in such particulars, as follows, to -wit:
That subject to any further reclassification of
the hereinabove described real estate by virtue of
proceedings therefor hereafter instituted, conducted
and completed according to applicable provisions of
said Zoning Code Chapters 60 to 64 inclusive,lof
the Saint Paul Legislative Code, as amended, and
applicable provisions of the statutes of the State
of Minnesota, hereby, the employment of said real
estate henceforth is restricted and limited to the
following specified uses, to -wit: (a) Residential
District uses permitted by the regulatory provisions
of said Zoning Code, as amended, in "A" Resi@Nnce
District, "B" Residence District, and "C" Residence
District, thereby established, and (b) Commercial
uses which shall include ,no more than the establish-
ment, maintenance and operation of a restaurant
building and business permitted by the regulatory
provisions of said Zoning Code, as amended, in a
Commercial District thereby established;
and the said first party, for itself, its successors and
assigns hereby grants, conveys and warrants unto the second
party, said City of Saint Paul, as such municipal! corpora-
tion, in trust for the benefit of the public, a perpetual
negative easement in and to said hereinabove described real
estate and all thereof, for the imposition, maintenance, and
enforcement by the second party, as such municipal corporation,
of the aforesaid restrictions and limitations upon the use
and employment of said hereinabove described real est &te, to
run with the land, and for good and valuable conisideration,
the receipt and sufficiency whereof by the first party hereby
are acknowledged.
CZD
FURTHER, said first party hereby makes
to said Zoning Code, as amended, to said amendato.
No. 12125, and to the duly certified copy of said
f erence
Ordinance
mendatory
ordinance hereto attached and hereby incorporates Ibaid Zoning
Code, as amended, said amendatory ordinance and saGid certified
copy of said amendatory ordinance herein as part and parcel
hereof, with the same intent, purpose and effect Is if each
said document were set forth herein verbatim and ,aid first
party for itself, its successors and assigns hereby accepts
said amendatory Ordinance No. 12125 and said Zoning Code as
thereby amended and every provision, term and condition of
the same without reservation or exception. I
FURTHER, said first party shall be deemid to
have executed and delivered this document under and pursuant
to the aforesaid provisions of said Zoning Code especially
applicable to said hereinabove described real estate, as
amended, by virtue of said Ordinance No. 12125, and ac-
cordingly the grant of negative easement hereundlr affecting
said hereinabove described real estate shall be eemed to
supersede any prior negative easement grant affe ting the
same real estate and made by Peter Karos, as graTtor, to
said City of Saint Paul, as grantee, dated the 12th day of
September, 1958, pursuant to said Zoning Code, Ek amended,
by virtue of said Ordinance No. 11316, filed of record in the
office of the Register of Deeds in and for the County of
Ramsey and State of Minnesota, the 18th day of Slptember, A.D.,
1958, at 9:45 o'clock A.M., in Book 376 of Miscellaneous, on
.Page 513.
IN TESTIMONY WHEREOF, said first party, has
executed this instrument the day and year first above written.
In Presence of: TOKE AND PELLA, a partnership
._... By
Member of sai
-5-
ner sh ip
4
W
L7
fQi
0
0
' r
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
On this 8th day of February , 1962, b:onally fore
me, a Notary Public, within and for said County, pi
appeared Tadeuez Augu.atyniak , to me known to be the
person described in,and who executed the foregoing instrument,
and who by me.being first duly sworn, on oath, did depose
and say that he is a member of the above -named partnership,
Toke and Pella, in the County of Ramsey and State of Minnesota,
and that he executed the foregoing instrument as a member
/Y A said partnership, in its behalf and by its authority, and
i acknowledged that he executed the same as the free act and
t� de,..., of said partnership and as his free act and eed.
is 7 • ,[ c i c.���.
Npt.Kry blic
FRANCIS J. NA]
Notary Public, Ramsey
My Commission Expires
Approve as to form d execution
this 8 ebruary, 1962
Souis P. Sheahan-
Director of Law
M_
Minn.
1962.
09
rl
zo
4F
--4
CD
ZT.
II
01
O-E,
-6
4�1
9
L
Z
IT
9
C7%
A
X
a
0
05
09
rl
zo
4F
--4
CD
021
STI
x 0 0 7 3 a a
.105 19*6n Wag
FQ
-j
tr Gl% a rt N U A v V a V A 3 K
Ab 05 0$ 19*6� 61'Z9
4F
ZT.
II
01
O-E,
-6
4�1
9
L
Z
IT
9
FQ
-j
tr Gl% a rt N U A v V a V A 3 K
Ab 05 0$ 19*6� 61'Z9
V;3 V;3 LU Wj ' 0 L 67
v x s v u a a 9
oc
105 U*6�
�o
�n
o
4F
ZT.
II
01
6
9
V;3 V;3 LU Wj ' 0 L 67
v x s v u a a 9
oc
105 U*6�
�o
�n
o
,OFFICE OF CITY CLERK
BUREAU OF RECORDS
386 City'Hall and Court House
St. Paul 2, Minnesota
MRS. hGNES H. O'CONNELL
City Clerk
HAROLD J. RIORDAN
Council Recorder
Dec. 7, 1961
Mr. Robert J. Swords
Corporation Counsel
Building
Dear Sir:
The City Council requested that you draw a resolution and /or ordina
the attached appeal of Toke Yonekawa, Pella Augustyniak, et al, dba
for the vacation of a negative easement as more fully described in
and also for the extension of Commercial use as outlined therein.
,1
C it2
granting
ke and Pella,
it appeal,
truly yo ,
2 ✓V
Clerk '
n
CITY OF SAINT PAUL - MINNESOTA 8
)FFICE OF CITY CLERK
BUREAU OF RECORDS
86 City Hall and Court House
t. Paul 2, Minnesota
MRS. AGNES H. O'CONNELL
Cify Clerk
HAROLD J.- RIORDAN
Council Recorder
Oct. 13, 1961
OCT Yo iSol
CORPORATION COL
W
Mr. Robert J. Swords
Corpor,Ation .Counsel
Building
Dear Sir:
The City Council referred to you the attached appeal of 'Ibke and Pe and
asked your opinion as to whether or not the negative easement prese tly
imposed on part of this Commercial property can be released by the ote
of the Council.
Very truly yours;
1 64 0
C rvyclerk
I
I
CITY OF SAINT PAUL - - MINNESOTA
s.
LAW OFFICES
NAHURSKI AND CYPTAR
MINNESOTA BUILDING
SAINT PAUL I, MINNESOTA
FRANCIS J. NANURS_ KI
CASIMIR L.CYPTAR
ROBERT P. TOLAAS
Mr. Louis P. Sheahan
Director of Law
Corporation Attorney's Office
Court House
St. Paul 2,�Minnesota
Dear Sir:
October 23, 1961
Re: Toke and Pella
7 -0051
Supplementing the file now in your possession concerning pending
Appeal by the above -named subject, we,enclose herewith an affidavit
of Tadeusz Augustyniak, one of the members of the firm of Toe and
Pella, and a drawing to scale of the affected area for your use.
When the enclosures have served their purpose, we should 1' a to
have the drawing and the three photographs which were place into
the file at the hearing before the Council returned to us for our
further use.
Very truly yours,
NAHURSKI AND CYPTAR
J. Nahurski
FJN:rs
Enc. 2
1006 FIRST NATIONAL BANK BUILDING
SAINT PAULt MINNESOTA (1)
October 11, 1961
The Honorable Mayor and Council
of the City of Saint Paul
Court House
Saint Paul, Minnesota
Gentlemen:
I am writing you as a private citizen
who lives just five houses east of the corner of Wheelock Park
and Arcade Street, where I own my own home and have lived for
nineteen years.
As a resident of the area, I can remember
that we used to consider the restaurant located on the northwes
corner of Vdieelock and Arcade as a trouble spot which detracted
from our neighborhood. Since Toke and Pella have become owners of
this.restaurant there has been a tremendous improvement in its
appearance and operation. Their establishment has become a family
restaurant in which the neighborhood can and does take pride.
I write this letter not as a legislato
or lawyer but as a neighbor who believes that it would enhance ur
entire community if Toke and Pella were allowed to make the ove-
ments which they propose. It is my belief that they have, in e
management of their restaurant, already contributed much to ou area
and our city to make it a better place in which to live.
Thanking you for your kind
of this matter, I remain,
Yours very truly,
Wendell R. Anders n
WRA:mc
• • 4r s.u.0 Y
ST' - a lj Vinn:- `
October II, I96I.
City- Coiihi iel J'of St. P-aiii,
O"City Clerk of St. Paul, Minn.
Gentlemen;
The Finance" Department" called me" this' morning` in
regard`to'a meeting -Friday' the- 'I3tlf, "of "Obtdbe: ,t-t'6" hear a
petit'iori`to rezone'the prope'rtg "'directly` "across` from m ` '
corner lot on- 'E.Mevada 5,hd Arcade St. bake PAalen Addiiion
Except the No. 60 ft. Lots II and IP, Block 3.
" Y am not "well enough to appear in person so am sendin
this letter to state I ABSOLUTELY DO NOT WANT ANY REZONING FOR
EXTENDING OR BUILDING ANY EATIITG PLACE ACROSS FROM MY LOT.
" " I' have "had "ari iiapor't' ant- member` of° tie'"B6ai7d'" i'Realt, o7-S advise me that to °rezone- for'"pizrpose��of' eating place * uld" '
_devalia:e m""y "propdrty 't'o iraetiaalIy °'nbthing'and'r sari `not- 4fford
to' take "' any "lo s's; tiat" lbt �ha "s cost' m� verp "miieh money and I
have refused several offers of $4500.00 cash for lot.
I' vote "again's't' "'rezoning for any Eating Place or for
anything else -at this time.
Thanking you,
I am, .
Sincerely-
J
JAMES J. UNISE
VICTOR B. ANDERSON
BRUCE W. J. MEYER
UNISE, ANDERSON & MEYER
ATTORNEYS AT LAW
SUITE 307, PIONEER BUILDING
ST. PAUL 1, MINNESOTA
November 24, 1961
Agnes H. O'Connell
City _Clerk
386 City Hall and Court House
St. Paul 2, Minnesota
Re: Toke & Pella
Dear Madam: I
Reference is made to your letter dated November 22,
1961 in which you gavWnotice to the effect that a
hearing on the above designated matter will be held
on December 7, 1961. 1
So that there will be no misunderstanding, it is my
belief that all adjoining property owners should be
notified by the City Clerk of the above entitled
matter, and if the service of such notice will npt
come out of the City Clerk's office would you ki dly
notify me at your very earliest convenience.
Very truly yours,
JAMES J. UNISE
JJU:1r1
-12,77
CA 7-8245
le
V -/� 2" •1%
VX�, E -
_yp
4 CIL
l `3 a6
/ 3 :)-G
61 ' I,-I
/CJ O,5--
��s ESQ
Cla
F3 Z-
V
� � 33
P f Wl
-hc�
i ,y Fy
10
i
a
4- a
r�• Vii•
0 fi
VI -L ey�� yvpuw� rt
x
Al� I �, S-,
-ro
S-a
9�' yy B�
G
ft
X 6 7
3_
a- -at-
7)
9�
jcc �
UO
7 S
�P�
i�
0
hx/y�
�R
f7v
�L�a Cali
m
�l
J
Cin caeb JV
z�
�54
_` -Ja
� L � &t, �,; �- �,
l�
/Js 7a-
;zd6/
1i
qua �l
f
CAI
42
`7
17
S�
1d..• ?M-1 Ire-
a'V
CITY OF SAINT PAUL VV
9 xrudL L.W15 P SHEAPIAM
CK06ALD L- LAM LE" DWMTM&,ff MOWA rOO W LAt
M06GAT IL MOMY
F 0 CcLL
Mu"Alft ROKU I SWORDS jt*K
-.i JOHN J. Me NKV-
COW40"nom COUNIOL
r COW MAY
September tl,, 1962
e1 ti
Mr. Morb*rt C. Wieland
vj Seeretarv, Board of Zon't
City ial "A Comm Meuse
Dear Sir:
This is our response to your letter of the 13th inst.
addressed to the Corporation Counsel and submitting several
questions for legal opinions. Therein you Have made reference
to an appeal under the Zoning Code for councilsianic action
extending a Commercial District use on a portion of a lot or
plot consisting of two platted lots in a single ownership and
divided by a Commercial District boundary line and that 'of
another district, presumably Residential, to accommodate
the construstLon Of a now cosmercLal building on such sit*.
• It appears therefrom and the undersigned for the instant purpose
will assume that the Commercial District ClaseLfisation which
now attaches to only a portion of the subject area resulted
from a rezoning procedure which involved provisions therefor
and the procurement or the negative easement restricting the
• Commercial District use of the reclassified area to off-street
parking lot purposes. Thereby you have propounded in the first
Lnstaa;o the following question:
*Would Ww removal of the negative easement
the comnsrsial zoning of the lot?"
The subjoet area was reclassified and rezoned in a Commercial
District under the Zoning Code by virtue of an amendatory ordinance.
The amendatory ordinance and the negative easement granted pursuant
to the provisions of the amendatory ordinance restricted and limited
the Ocamorsial Distriet use of the reclassified and rezoned area to
that for the establishment and maintenance thereon of an off-street
parking lot. the more removal of the negative o&*~nt would not
• offset the realassifleation or rezoning of daid area from Commercial
District to another district under the Zoning Code.
IJ
In the s000nd inistanoe you refer to ftotion 64.03 of the
Zoning Code ublak roada as follows:
"Where a use district boundary divides a lot in a
single ownrokis permit a use authorized on eitht
portion of aseli-lot to extend to the entire loto"
and also to the gar as It was orialmlly sonstituted The Council,,
as a presumption of law, by Its ashen amending the O� ginal
tF_
mro ierbest 0. Mielant ! September !l, 1961
p"WISIcns would be docrd to have intended to have ohangod the
sme. the above quoted provisions oonstitutiog the result of
the amenirenI M, and wherever a ago distri*t boundary
divides a lot V*a side ownership, whether such division was
the result of origin" saming or rosoalm& the Owned upon an
appeal under the Zoning Oede my posit a use authorized. on .
either portion of the subje*t lot to extoad to the entire lot.
In the third Lrtameo you present the following question:
the seeing be extended to ono or more LM in
a s o wnorm" assembled into ono ZLpt, where
file zoning of one lot is split and where, the zoning
of this one lot that is split resulted from a rezoning
J�. notion after August !!, 1922!"
R%
^� poforeaa is made to the pertinent definition oontainod in Section
63.0t of the Zoning Oodo: "the wort 'lot' in*ludes the rd 'plot:
The Mohi Swpr sio Owrt in "hooloraft Civic Assn v. Diloroto,
6! O.M. !i`�6sr, made th. !owning pertinent observatio :
"plaintiffs insist that defendants' prejeeted oeurse
of action world violate the rostrisslens of paragraph !
limiting the building on any lot or plot to a 'single
-�. family reeLdeace and a*oessory building'. In that
rs� oeaweotien thq ur�e that the wart 'plot' means two or
more entire lots. • • It is apparent from a reading
of all the restrictions that there was no intention to
} hwzo let lines but that, rather, plots and plot lines
bright be created. ?he limitations of paragraph I to
a minisrm of SO foot street frontage and area of ZI,000
square foot fix the ainLms for snob plots. • • • On
�= the contrary, it is clear from the language of the
°Y restrictions as a whole that a plot was intended to
be arg portion of the snbdivisUa. whether aado up of
t= several lots or of parts of a lot or lots, which moats
the ainim a requirements of
paragraph 13. To oonoltide
otherwise is to render the provisions of paragraph 13
r• meaningless. dsoourso to dictionary definitions or
�- deoisLow of other oeurts oonsoraln the moaning of the
` tor, 'plots', generally, serves no useful purpose when
the meauing is made abundantly *Isar by the terns of
the restrittieas themselves."
MIS 9*Uowlm is a pertinent 4rstatlew from "words and I ses"
t Plymment Mitlem 3!A pertaining to "plottap" in taut on and
c` e01ment dorm p :
wplottw ' is a poroea added to the aggro
valve "a or Mre sonn lots when helIT
` one Ownership as "present n�g an l4*reasod value by
reason of the fast that they admit of more "tagsious
dispositica and improvement than a single lot.
Mr. Norbert C. Wieland 3 3optember 21,, 1961
Mw word *plot" is defined ass with the word
"lot" and may, be doomed ".designate the aggregate of two
oontiguous lots in one ownership reasonably susceptible thereto
and allocated to one use. The determination in the instant case
to b* made 'by the Council would be sustainable on such baxis, in
the opinion'of the undersigned. —It—roul
extensive answer to the propounded question should be deferred
a request therefor is made by the Council.
Respectfully submitted,,
Louis -P. Sheahan
Director of Law
fA Lrs:ja
P.'
4
�r
r
6k
f,
Jr. Isrbort S. Wieland
I September pl, 1961
ite Mort "plot" is MtinN as W with the Mori '
"let" am may be "on" to designate the aggregate, of two
oestIgmOus lots in one ownership reasonably susoeptible thereto
• 04 allosated, to me use. The detersisatien in the instant case
to be aade bW the Oemnoil Mould be mwtaiaable on such basis, in
the opinion of the uadertigned. It MomI& sows that a more
extensive ummor to the prepounlol gaestion should be deferred
tattil a request therefor is Male by the Oouuoil.
Respostfu2u aab*itt*d,
LTSija
touts P. deoahan
Director of IoM
0
• 014�
- I
I
I
Y!:�Tt!'' ',l•' fir: ^:� �"c '. �. -. � - � �, I � }iR�
�1- 'crr �.�.. :•1�;'•. ,► �i.w .�rA�� _ •�t' r� ^�w. .v1 ' -L _ _ 1 �?+'? ;�`• i!e.
1pk
We %Preit 0.1 rbland t September Sl, 1961
priw iii w k
as would deemed to have Intended to have changed the
sass. The abe" quoted provisions somstitutins the result of
the amendsoat vern,, and wherever a use district boundary
divides a lot Ca. single ownership, whether such division was
the result of original zoning or rezoning, the Council upon an
appeal under the Zoning Code may permit a uae authorised on
either portion of the subject lot to extend to the satire lot.
In the third lnstanee you present the following question:
"May the zoning be extended to one or more LOTS in
a single ownership assembled into one PLAT, where
the zoning of one lot is split and where the zoning
of this oae lot that is split resulted from a rezoning
astion after dugast Qt, 1922!"
Reference is made to the pertinent definition contained in Station
63.02 of the Zoning Cods: "the word 119t' loolydes the word 'plot'"
The Mishigan Srpresie Court in Scheolsraft Civic Ass' n Y. Dilorsto,
6! R.Y. Rd 657, made the following pertinent observations:
"Plaintiffs insist that defendants' projected course
of astion world violate the restrictions of paragraph t
limiting the building oil any lot or plot to a 'single
• family residence and accessory building'. In that
' connection they urge that the word 'plot' means two or
more entire lots. * * * It is apparent from a reading
of all the restrictions that there was no intention to
freeze let lines but that, rather, plots and plot lines
might be sreated. The limitations of paragraph 1 to
a minisum of 50 feet street frontage and area of•2,000
a square feet fix the minimum for sash plots. * * * On
the sontrary, it is clear from the language of the
reitristlons as a whole that a plot was intended to
be any portion of the subdivialba, whether made tip of
several lots or of parts of a let or lots, which motto
the minls requirements of paragraph 13. To conclude
otherwise is to render the provisions of paragraph 13
meaningless. Resourse to dictionary definitions or
deelsions of other courts concerning the meaning of the
F term 'plots', generklly, serves no useful purpose when
the meaning is sago abradantly elear by the terms of
�r the restrictions thesselvos."
r
K. The following is a pertinent quotation from "Words and Phrases"
�= Permanent edition 32A pertaining to "plottage" in taxation and
ostinent domain proceedings:
"PlottageI is a percentage added to the aggregate
value of two or more contiguous lots when hold in
' sue ownership as representing
r . an increased valor by +
J'ti�' ' �: do ' -, ; . _ dfsrth�e `�ir• -ad� ,� � c . _ ' {• + :.t !� fa
�' ^1ji,,, 7 .'r} •:7• +^ iyS
.• �-.y., .� +*:��,`i.K�:`f'.� •.}.0 ',1�.`•u {{ ±r'e`• 'SY ..4 �.[ 4,..`� _ i ^.�,'� itJ`? .•^ _ - ^mac. ^`,�'.t'.,'�n "F�•; •a jr:i
� .,2 �>_.}. rr'{hf,'14 —• 'ail •l •.�'• •l ♦,4 _ Ai,••..i 1 'V• �i `` • 'I —•''l `•t.14..1
4 ��. 5+''=7��;s,,t - 4 ^'V,Y-. t.,l v.?;#'' .j'.�` ` $v\.': \ ' %,L`'•t" - S•.Y ,' -r' . +tN.n- ii'' t'i;ciY•!`s.,A:•s.r`
,. +} "+' r .. ,i' - .ti 'v'i' ,.' 't ^mot. � •' a•: -r,,: „+ :{ ♦i •'w, ,.
. }. ,t �' 'Y •t•e y;,S�';. .fr :. .i.•+ SM ±1V •}'Z• r ••..y..t y '..a r. .aa N.a +. .t','%
1. r Ylt °;•h;i' i3 .y +;t•%`..vp z. ,.Y:.*t ..:,.. �:' rtS.i ..'w '� _p'S'. 1. 4.•�+y?!.. 4')��lL
. + „N .• ._ 'f. `• ,r;; ': �' , t •i'-: �`�`•i.z�__ ' i'#.: .�, r.�t�%��i..,wr ` - tF{ a�° S• c�l. �?'•sji�:r�.J ___.it_E_ii' ��is�l�h:::3t'�:`,_. • ? .;,�nt+ a: .-
Nr .V'�'
4-
41, ri-ry
L• � JJ •
MYAJ) �[irRL
pdMALI? L- LAIC
Ronur W rAFMY f
GEMALD \MUMMEL
JOHN J.
N[IL r CONVbtYy�^•��
Y'
r
ri
OF SAINT PAUL
LEGAL MMff# C
ROBERT I SWORDS
CORI "nom Coumn
_ Mr. Berbert C. Wieland
ri Secretary, Board of Zoning
City Ball and Court Souse
Dear Sirs
-atww
LOWS r SHFAHAN
UIRECTO" OF LAW
RCAKRT E u CONWLL
&v Lc A .5.1STAH1
September 21, 1961
`
This is our response to your letter of the 13th inst.
addressed to the Corporation Counsel and submitting several
questions for legal opinions. Therein you Have made reference
to an appeal under the Zoning Code for councilmanic action
extending a Coiercial District use on a portion of a lot or
plot consisting of two platted lots in a single ownership and
Y
divided by a Co=ercial District boundary line and that or
another district, presumably Residential, to aocomodate
the construction of a new commercial building on such site.
It appears therefrom and the undersigned for the instant purpose
will assume that the Cos ercial District Classification which
now attaches to only a portion of the subject area resultod
'
from a rezoning procedure which involved provisions therefor
'.
and the procurement of the negative easement restricting the
Co=orcial District use of the reclassified area to off - street
parkins lot purposes. Thereby you have propounded in the first
Y.
instance the following question:
_..
"would the removal of the negative easement change
`ry✓
the commercial zoning of the lot ?"
The subject area was reclassified and rezoned in a Coimercial
District under the Zoning Code by virtue of an amendatory ordinance.
The amendatory ordinance and the negative easement granted pursuant
to the provisions of the amendatory ordinance restricted and limited
the Commercial District use of the realassifed and rezoned area to
that for the establishment and maintenance thereon of an *ff- street
parking lot. The more removal of the negative easement would not
effect the reclassification or rezoning of said area f Commercial
District to another district under the Zoning Code.
In the second instance you refer to Seetion 64.03 10 I the
Zoning Code which reads as follows:
"Where a use district boundary divides a lot in a
single ownership permit a use authorized on either
portion of such lot to extend to the entire lot,";
and also to the same as it was originally constituted. Jhe Council,
r'. as a presumption of law, by its action amending the original
L1�f� 4 y.1N '�. .Y' y cn� ._'i+. } ki4 •'f• '1•; .• - `y • ;j+ � .S. ,r •. -•h) .1 }r' -r�:
rM- �i. aj ' '• :+ -o � Sri"' ,.. :}_ i. r. ° '' };' � :,.. ri � P. �'•
, f. 'j , S. '�,l krt ti.'-R,, Yea „- ^:�,. i, -•.: - •. �k: i:., r,"''Cr '+w.: ry -1"z ,
ro: � v�� w'!' X14- •fit•' ,i .�._'. \7i,�.:. �"'\i rf � ..
- .. - _. _ - .« �G����Ii�S "'�.��,•}$�%�_'oS�>��. -• • Y..�kiCC .t_ r, _ ..`a� �-: �hC�.�.r"lt�.i_✓,g3.?y .i�s.� :' \�^"1:..c4,�
FRANCIS J. NAHURSKI
CASIMIR L.CYPTAR
ROOGRT P.TOLAAC
LAW OFFICES
NAHURSKI AND CYPTAR
MINNESOTA BUILDING
SAINT PAUL I, MINNESOTA
CAPITAL 7 -8051
August 14, 1961
City Clerk
City Hall and Court House
St. Paul, Minnesota
Gentlemen:
Enclosed herewith is Notice of Appeal of Toke and
Pella, a partnership, from the application of the Zoning
Code of the City of St. Paul together with check for $30.00
as required under the ordinance.
For convenience in processing, we also enclose a small
sketch of the area affected and a certificate of apparent
ownership of the surrounding property owners issued by
St. Paul Abstract Company on March 8, 1961. Please arrange
to submit the same for processing at the earliest date
possible.
FJN:ne
Eno. 4
Very truly yours,
NAHURSKI AND CYPTAR
c �
Franc Nahurski
..........................
.........................
..........................
........................
.......................... .
.........................
..........................
.........................
..........................
<:- :RD OF ZONING,- CITY OF SAINT PAUL
: #7iiANSlo/1251- 252.233 115 CITY HALL AND COURT HOUSE SAINT PAUL 2, MINNESOTA
October 13, 1961
Mrs. Agnes R. O'Connell
City Clerk
Building
Dear Madam:
This is in the matter of the a peal of Toke and Pella to extend an exist-
ing commercial zone use and o vacate the negative easement RresertjX..Am sed
on a part of this c6mmerSIaL zone. The property under consideration is located
at- a sou west corner'of Arcade Street and Nevada Avenue, and is described
asPall of Lots 1 and 2, and except the south 100 feet, -Lots 11 and 12, Block 4,
Lake Phalen Addition No. 2,17
T4ere are four (4 la t ,Q g i�;vo. it id -.inn; this ma ter. Jhe n
of Lots 11 and 12, which is designated as area "A" on the attached map, gas
�zoaed-ttt'"�"commerc 1 c assification on 3e tember ? 195 The outlier -)►�
,70 f�- of.�.i19�.�, which�is�de i� edas,,,�area,,'�B" on the attached ap was re-
zoned
commercial use of this property for off- street parking purposes.
The property under consideration in its entirety consists of a 100 foot front-
in an area of 14,
.easement on that
vial uses situate
St
1.
square feet. The applicant desir ®s to va te� the negativ
® i �..npe.� nw
ion of Lot 1 (area "B "), and extend the existi�comwe mer-
Areas i'A and B to the remaining part of Lot 1 an I1
of Lo� t�2, aao -
Field investigation discloses Area "A" to be developed with an existing restau-
rant and that area "B" is developed as an off - street parking lot accessory to
the above mentioned restaurant. It is apparent that a part of Lot 2 is also
developed and used for off - street Barking purpoaW. , ltb.i ch, is in violation of the
,Zoning Code. The property adjoining to the west and the remaining north half
of this block is developed with substantial single - family homes which front on
Nevada Avenge. Directly north and across Nevada Avenue is a vacan parcel.
The remainder of that block is developed with substantial single -f roily resi-
dences, all of which front on Nevada Avenue; east and across Arcade Street is
the Phalen Park Golf Course. Directly south and adjoining is an existing
filling station and southwesterly and fronting on Wheelock Parkway is a vacant
lot and additional single - family residences.
In considering this matter, the members of the Board of Zoning felt that several
legal questions needed clarification before the Board could take an y action.
The following questions were submitted to the Corporation Counsel or his
opinion:
N
Toke & Pella
2
1. Would the removal of the negative easement change the commercial
zoning of the lot?
2. Where a use district boundary divides a lot in a single ownership
permit a use authorized on either portion of such -lot to extend
to the entire lot.(Section 64.03 Zoning Code)
3. May the zoning be extended to one or more lots in a single owner-
ship assembled into one plot, where the zoning of this one lot
that is split resulted from a rezoning ac_ y t� ioon� after Augy4t 22, 1922.
An opinion was received from Mr. Louis P. Sheahan, Director of Law, and a
copy of this opinion is attached.
The Board of Zoning studied the opinion and other pertinent factors in the
case. In two separate actions, the Board of Zoning voted to recomm nd denial
of the requested vacation of the'negattve easement now affecting tha part of
Lot 1 designated as area "B" on the attached map, and also recommend denial
of the extension of the commercial zoning to the balance of Lot 1 Aid all of
Lot 2. ..�.. -a-� I
Sincerely,
H. C. Wieland
Secretary
board of Zoning
HCW:FGI
Encl.
Z. F. 4796
:0,1
tl
N :c N
tom!
7$17$
D
0 0
[I CZ
qq
0
-Z
-9
N
-�
. :E
A
z
-7 C)
z >
I
y-Q
_>
R
sol
m
��
r�
S 3_
z
m
�
�
m
a
m
°z
n
r-n
• s rn
/ -
w
IN
�
�
O
VV EIDF,-
INI
Z
i�
Qq
'5T
61
z
7$17$
C
A
>
t ,.D
' 00 = 793
`
t
z
-7 C)
z >
I
y-Q
_>
R
Z
i�
Qq
'5T
61
z
7$17$
C
A
>
V.
z
-7 C)
m
y-Q
_>
R
sol
�
S 3_
�
m
a
m
°z
n
C'
n
-
0
r
c
z
Z
i�
Qq
'5T
61
7$17$
C
>
z
-7 C)
m
y-Q
ti
sol
o
S 3_
100 , to-IL -70,
0
C
>
z
ra
m
cr
a-)
CourI&I Fi1d�No. 20523 `ifOr`dinaiice N6..
112125 —By Frank L. 'Loss —T;, ' =
�An
ordinance yarn ndini the Zoning
Code, Chapters 66 .,t6,,,,64, inclusive, of
the Saint Paul Legislative C o d e,
pertaining to Use Districts, Height Dis -'
tracts and Rezoning of certain proper-
ties in the City of Saint Paul. This is
an emergency ordinance renderednec -
essary for the preservation -of the
public peace, 'health and safety. `
The Council of the City of Saint -Paul
Does Ordain: t
Whereas, Said Council upon an appeal,
by the owner of the subject premises,
under and pursuant to Section 64.03 of
the Zoning Code,, Chapters 60 to 64,
inclusive, of the Saint Paul Legislative
Code, pertaining to the use of the
following described plot of land situate
within the corporate • limits of the
City of Saint Paul, in a single owner-
ship and divided by the common boun-
dary line of an "A" Residence District f
and a Commercial District, to -wit:
"all of Lots 1 and 2, and except
the south 100 feet, Lots it and 12,
Block 4, Lake Phalen Addition No. '
duly provided therefor and granted
the following relief sought by said
Appeal:
(1) A permit for the extension to
the entire subject plot, of a Commer-
cial District' restaurant building and
business,use, authorized on the south
20.1 'feet of the same zoned without
qualification in a Commercial\ Dis-
trict, such plot being in a single
ownership and divided; by a common
Commercial 'District and "A" Res-
idence District boundary line;
(2) AdditionaVrellef, necessary for
thel-accommodation of such extension
in respect of a part of said plot, the
north 70 feet of the south 90:1 feet
of the east 50 feet -of the same classi-
fied in a Commercial District by
virtue of a) reclassification provided
by an amendatory ordinance which
further amended said Zoning Code
by inserting -therein provisions es-
pecially applicable to said part of
said plot and restricting' the use of
the same to the single Commercial
District use involving no more than
off-street • motor,,vehicle parking fa-
cility Acontemplated - to"' be operated
as an extension of the prior and then
existing ,restaurant .building and
business -rise of the south 20.1 feet
of said plot' and which- provisions
required the ,deliv_eiy of the subsist-
ing negativer'easeihent imposing the
same use reArioti'on,on said part of
said plot, lieldf'py the City of Saint
Paul; and g:; •,5��i' -,1'
(3) Add,tidAlt ,eiiTfef• for the
amendment oftlie- document evidenc-
ing said subsisting, negative easement
so that thereby the subject North
70 feet of th't South'901 feet of the
East 50 feet of'-said plot classified,
as aforesaid h4 a Commercial Dis-
trict, underlsaid. Zoning Code shall
be restricted in.�regard to the use of
the same to "AL'- •Residence District,
"B" Residence District and "C" Resi-
dence District uses- arid'to the single
Commercial District, use irivolving
no more than a Commercial District
restaurant building and business use
in lieu of the 'aforesaid subsisting
restricted ` Commercial District use
originally .imposed thereon, as afore-
said. k
and it is deemed advisable that said
Zoning Code, as amended theretofore
so as o rezone a portion of said plot,
"the north 70 feet of the south 90.1
feet of the east 50 feet of the same,
otherwise described as the south -70
feet of Lot 1, Block 4, Lake Phalen
Addition No. 2 ",
and
s't
11of
use involving .r[ol' snore than an off.
street motor vehicle parking facility
and for the delivery of a negative ease-
ment imposing the same Commercial
District use restriction' thereon, be
amended as hereinafter provided and;
Whereas, Said amendments to said
Zoning Code for said rezoning and the
insertion of said especial provisions
therein applicable to said last -above
described parcel of land were effected
by amendatory Ordinance No. 11316,
approved September 2, 1958, and the
aforesaid councilmanic action granting
said, relief upon said_ Appeal- ._is.ev-
idenced by that certain Resolution of
`said Council C. F. No. 205181, approved
December 15, 1961, whereunder and
whereby said Council, pursuant to,said
Section 64.03 of said Zoning Code, de-
termined and varied the provisions of
said Zoning Code applicable to said
first hereinabove described plot of
land in harmony with the general in-
tent and purpose of the same and so
as to' provide against practical diffi-
culties or peculiar hardships in the
way of carrying out the strict letter
of the provisions of said Zoning Code,
so that the public health, safety and
general welfare might be secured and
substantial justice done as the basis
for the granting of said relief sought
by said Appeal, and it is deemed ad-
visable that said. especial provisions
of said Zoning : Code • thereby deter-
mined and varied for said purpose be
accordingly amended 'by virtue of this
amendatory ordinance, j
Yi• SECTION 1
`That the. Zoning Code;, Chapters 60
to 64, inclusive, of the Saint Paul
Legislative Code, pertaining to Use
Districts, Height Districts and Rezon-
ing of , certaip properties in the City
of Saint Paul; As 'amended, be and the
same is hereby+•furthef amended in
respect off certain of the provisions
inserted therein as amendments there-
to, by virtue Hof arrreird9dry Ordinance
No. 11318! approved Se tember 2, 1958,
thereby made especia applicable to
the following: desdiii Zp r o p e r t y
thereby rezoned dfoin1'!AResidence
District '.to `- Comindttial( District:
"Tha`Southr70,feet'ot t 1, Block
4, Lake,. Phalen r Atld#lon No. 2,
located, on the west sidddde of Arcade
Street between Wheelock Parkway
and East Nevada Str _ t, �ggccording
to the plat ther �o ig, and of
record in the 0 a Regis-
ter of Dee s Yfi. ¢ndjjyr" Ramsey
County, Minnesota;' "'
In the following' particulars, to -wit:
that the following especial provisions
,of said ZonM Cgde; especially applic-
able to said last described .parcel of
land and inserted'b'y` said amendatory
ordinance, to -wit"
"the employment of said real estate
henceforth is restricted and. limited
to the following ; specified° uses, to
wit: (a) Residential District uses
permitted by the regulatory pro-
visions of said Zoning Code, as
amended, in "A" Residence District,
B" Residence District, and, "C"
Residence District, thereby estab-
lished and (b) Commercial uses
which shall include no more than
the off - street parking of motor ve-
hicles as the off - street parking of
motor vehicles shall be permitted
by the regulatory provisions of said
Code as amended,' in Commercial
District thereby established," ,
hereby are amended to -read as follows:
"the employment of said real estate
henceforth is restricted and limited
to the following specified uses, to -wit:
(a) Residential District uses permit-
ted by the regulatory provisions of
said Zoning / Code, as amended, in
"A" Residence District, "B" Resi-
dence District, and "C" Residence
District, thereby established, and (b)
Commercial uses which shall include
no more than the establishment,
maintenance and opperation thereon
of a restaurant building and business
permitted by the regulatory pro-,
to
ro -
to said, last. , described parcel of +,plan
and inserted therein :by virtue of sal
amendatory Ordinance, 'to -wit: i •
"That the owner of said real 'estate,
within the period of 60 days, next
succeeding the publication of this
ordinance, shall file with the City
Clerk, in o fully executed copnter-
parts, said owner's written accept-
ance of thi ordinance, incorporating,
p. fimong of er things, said owner s
grant unto said City of Saint Paul
of a negave easement affecting said
real estate four the imposition, main -
tenance a ad enforcement of 'the
aforesaid strictions and limitations
'upon the a ployment and use of the
hereinabo a described real estate
approved �s to form and execution
i by the Corporation Counsel, and re-
cordable the office of the Reg-
aster of D eds."
hereby are ended to read as fol-
lows: ,
"That th owner of said parcel of
i land, fo with,' shall file with the
City Clerk in two fully executed
6 counterp s, said owner's; grant,
unto said City of Saint Paul, of a
negative a sement affecting said par-
cel of lan for the imposition, main-
tenance, nd enforcement of the
aforesaid estrictions and limitations
upon the employment and use of
the same lo Residential District em-
ployments and ses permitted by the
regulatory provons of, said Zoning
Code, as amended. in '!A", -Residence
es
District th'ereW established w h i c h
shall include no more.than the es-
tablishment, ,maintenance, and opera-
tion thereon;of a Restaurant,Building
and Bu sine_ss,permitted in such ;Com-
mercial istrict; and" that •such
negative ' aseinent- grant T than •be
deemed endatory theieof and to
supersede anyy :prior.- negative .'ease-
ment gran affecting the: same pa, rcel
of land a d 'heretofore required by
anv nrini• nirnviainn nVraaid! 7nnino
by
easement
ante of tb
be approve
tion by th
that upon
same, the
of such (
filed of r
Register o
County," N
That said
C. F. No. '
15, 1961, and
relief upon
hereby are
ified and c
i
, No.
a
i as to, fo. ,f and execu -1
Corporatfori'Counsel; ancl.i
he aforesaid, filing of ,the'
sty Clerk shall cause one l
interparts, thereof to be'
Drd in the Office of the
Deeds in•and for Ramsey.
uiesota." r
SECTION 2 '
esolution oi7said Council,
1181, approved ' December
raid ant of permit and
Appeal, thereunder,l
all things approved, rat -�
,firmd
e
I SECTION 3
This ordinance is hereby declared to'
be an emergency ordinance rendered
necessary f r the preservation of the
public peat , health and safety.
SECTION 4
This ordi nce shall take effect and
be in force upon its passage, approval
and publication.
Passed b� the Council January 5,
1962. I
Yeas — Councilmen Holland, Loss,
Mortinson, Peterson, Rosen, Mr. Pres-
ident (Vavoulis) -6.
Approved `
GEORGE 3'. 5, 1962.
J. VAVOULIS,
Attest: Mayor.
AGNES H O'CONNELI.,
City Clerk.
(January 13, 1962)
1 • . ` � �^T�•,` � I ..i` A . 9Y ill 1..
Wa
ESTATE OF MINNESOTA
"BOA -2 •. )�,. +. +.
County of Ramsey SS.
r� k `F. "b�Y;x •:' :v t,s� .f CITY OF SAINT PAUL
i` �" *'�L.'lE .RY.a-- e��•711q�g7 � c
f
............... Ames__H. 01_C.gnnell_------------ -_....
of the City of Saint Paul, Minnesota do hereby
compared the attached copy of Council File No.__.?
Ordinance No. 12,125,
as adopted by the City Council--------- - - - - -- Ja?� --- - -- 5 s
' and approved by the Mayor .. ................... Janl?a __ .,
�! with the original thereof on file in my office.
x
0
t .
-----------------------------------------------••---•------------------------- ••------------- - - - - -.
---------------------------------------------------------------------------------------------------
r. •
• .............•-------------•--••------•---•--------------------------------------------------..----
4
f•
N,
,r ----------------------------------------------------------------------------------------- ----- --- --'
......City Clerk
V that I have
�.,. J in&-- - - - - --
- - - -- -196?
196?----- - - - - --
' �irlier:certif tat said copy is a true and correct copy of
.l A' A.L.( t 1 �0�{�' r 1� K,�� ?4'.. • F.' 1i�
S sa fl +orig al airild! the :whole thereof.
; WITNESS my hand a id,the seal of the City of Saint Paul Minn.
f�................................................... February, 62.
i daoAdD. 19---- •- - -.._.
. ........................ - -- ......•-
Ci erk.
�r-
is %/ !i I y 2nd yl ��
Laid over to
3rd and app dopte
Yeas Nays Yeas Nays
BeGoumf ¢y
Holland `Holland
Loss \ Loss
Mortinson \Mortinson O
Peterson / ' eterson
Rosen �►/ Rosen
`
Mr. President Vavoulis Mr. President Vavoulis
205250 B
Abb., ... - r
Adopted by the Council— 19
Yeas
DeCOURCY
LOSS
MORTINSON
PETERSON
UORTOT-
MR. PRESIDENT (VAVOULIS)
Nays
j
Adopted by the Council 19
Yeas
Nays
----DeCOURCY
FLOSS \
-'-MORTINSON
PETERSON
-----,MR. PAFlSID'ENT (VAVOULIS)
SIU