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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