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89-2163 WMITE - CITV CLERK PIN�i( + - FINANCE COU�ICII C��fj CANARY -CEPARTMENT GITY OF SAINT PAUL � / � � / - � HLUE - MAVOR File NO• t C unci Resolution �� __�. Presented By Referred o Committee: Date Out of Committee By Date WHEREAS, Jeffrey Kantner, 1800 Englewood Avenue, Saint Paul , Minnesota, applied to the P anning Commission of the City of Saint Paul for a non-conform ng use permit to allow the use of a third floor unit in an exist ng duplex as "caretaker ' s quarters" for property at 1800 Englewoo Avenue described as Lot 7 , Block 12, College Place West Divisio ; and WHEREAS, following a pub ic hearing conducted by the Zoning Committee of the Planning C mmission, the Planning Commission by its Resolution No. 89-72, adopted August 25 , 1989, denied the application for non-con orming use permit based on the findings and conclusions as set forth in the said Resolution No. 89-72, including the fin ing that the expansion of the use as proposed by the applicant was an expansion of the principal use and, therefore, was not ccessory to the principal use of the structure as a dwelling pl ce; and WHEREAS , pursuant to t e provisions of Section 64.205 , Jeffrey Kantner duly filed is appeal from the determination made by the Planning Commiss ' on and requested that a hearing be held by the City Council or the purpose of considering the actions taken by the said Commission; and WHEREAS, acting pursuant to Sections 64.205 through 64.208 and upon notice to appellant nd other affected property owners a public hearing was duly nducted by the City Council on November 9 , 1989, where all interested parties were given an opportunity to be heard; and WHEREAS, the City Council having heard the statements made and having considered the ap lication for non-conforming use, COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng [n Favor Goswitz Rettman B Scheibel A gai n s t Y Sonnen Wilson Form Ap ro ed by Ci�,y�Att ney Adopted by Council: Date f � f Certified Passed by Council Secretary BY gy i / Approved by Mavor: Date _ Ap�r �Ved by Mayor for Submission to Council By BY . (��_ /- ��'�'-�/lJ � � ' � � � . � the report of staff, the mi utes and findings of the Zoning Committee, and Resolution of th Planning Commission, does hereby RESOLVE, that the Counci of the City of Saint Paul does hereby grant the appeal of Jef rey Kantner and does hereby grant a non-conforming use permit o allow the establishment of the third unit as a caretaker qu rters at 1800 Englewood Avenue, legally described as Lot 7 , B1 ck 12 , College Place West Division based upon the following fin 'ngs and conclusions of the City Council : 1 . The property at 1800 Engle ood Avenue is a legal duplex with two large units on the firs and second floors. 2. The third floor of the pro erty consists of a small apartment of approximately 800 square feet. 3. The property is approxima ely one hundred years old, and due to its large size an age has exceptional maintenance costs and requirements. 4. The third floor apartment has been occupied since 1983 by the applicant, Jeffrey Kan ner. Mr. Kantner purchased the property in 1987 and throu hout his residence in the third floor apartment of the pro erty, Mr. Kantner has served as the caretaker being responsi le for maintenance , improvements , etc. S. The property is located in n R-4 zoning district and Section 60.412 of the Saint Paul oning Code allows accessory uses as defined in Section 60. O1 as principal uses permitted in the R-4 district. Se tion 60. 201 of the Zoning Code defines accessory uses to i clude residential accommodations for caretakers. 6. Mr. Kantner' s third floor partment is a caretaker' s apart- ment and is permitted by t e Zoning Code provided that it remains a caretaker ' s apartm nt only. 7. The caretaker ' s apartment i accessory to the principle use of the property as a duplex and will not result in an expan- sion of a principal use. 8 . Testimony of neighbors and he Midway Coalition -- District 11 , was that the property with the caretaker ' s apartment is fully compatible with adjacent residential properties and the neighborhood. 2. . . �_/" �'9-�j�� . � . . 9. Caretaker' s apartment allo s for the continuance and improve- ment of the principal use of the property as a duplex and is compatible with adjacent properties and the neighborhood. 10. Caretaker' s property does not increase density either as a legal matter or practic matter because the property will remain a legal duplex on y and will continue to have the same number of units it has had since 1982 or earlier. 11 . Without the caretaker ' s partment, the property will not be able to bear the cost of the xtraordinary maintenance which such an old and 1 rge structure requires and will inevitably deteriorate and become less compatible with the adjacent properties and the neighborhood. 12. Granting the permit will a low applicant to continue to main- tain and improve the proper y. 13. Surrounding properties in lude an existing triplex on the east end of the block, a d eleven unit apartment building two lots away on the west end of the block, and a number of duplexes throughout the neighborhood, including one next door to the subject propert . 14. Off street parking requirem nts are met. 15 . A notarized petition sign by two-thirds of the property owners within 100 feet o the subject property has been obtained. 16 . Rezoning of the property w uld be inappropriate and result in spot zoning. 17 . Granting the non-conformin use permit will not constitute a precedent because of t e unique circumstances involved in the applicant ' s situatio as set forth above and including the following: a. The applicant has occupi d the third floor unit as care- taker for over six years b. During the six year peri d, there was no adverse impact on surrounding property or he neighborhood. c . The applicant purchased he property in 1987 and the Ramsey County tax record at that time listed and taxed the property as a triple . 3 . , .` • . . . ' . � . � i= �::��_�/�� d. The truth in sale hous 'ng report which was prepared when the applicant purchase the property did not indicate any problem with occup ncy of the third unit. e. The City has identifie the property as a multiple dwelling for the purpo e of storm sewer system charges. f. The unique character o the property which is much older and larger than surrou ding properties and has extraordi- nary maintenance needs to keep it compatible with and an asset to the surroundi g neighborhood. g. The hardship which wou d be imposed on Mr. Kantner if he were not allowed to co tinue living in the home which he has resided in and wor ed on since 1983. h. The hardship which woul be imposed on the applicant if he were required to sel the property as a duplex after having purchased it as triplex in reliance on City and County records. BE IT FURTHER RESOLVED, t at the appeal of Jeffrey Kantner is granted, subject to the a plicant recording in the office of County Recorder a restrict 've covenant stating that if and when he should transfer the pro erty to any other person or entity that the third floor apartment in the property at 1800 Englewood Avenue, legally described as L t 7 , Block 12 , College Place West Division shall no longer be a legal non-conforming use and the permitted use of the subject roperty shall revert to no more than two dwelling units and all file with the City Clerk a conformed copy of the restric ive covenant after it has been filed in the office of County Re order; and, be it WNIjE �- CITV CLERK PINK ,� - FINANCE COURCII �/J� 1/� //_ CANARV - D�PARTMENT GITY OF AINT PAUL / _l/1/�[7 � �LUE - MAVOR File NO• Council Resolution Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, that he City Clerk shall mail a copy of this Resolution to Jeffrey Kantner, his attorney, Peter Beck, the Zoning Administrator, and he Planning Commission. 5. COUNCIL MEMBERS Requested by Department of: Yeas Nays �.-�-- Dimond �� In Favor � Rettman (� B scheibe� __ Against Y Seaaen Wilson D�C � ? �9�� Form Appr ve� by City Aytprney Adopted by Council: Date � � � Certified Ya_s Council Secretar BY gy, K�-�'—� � �`� ; ��C � `f 1969 Appc vefd by Mayor for Submission to Council Approved y � avor. D — �� By �� . BY M1�i1Sl� D E C 2 3 3989 � � s ✓ L .° . v 'Z M } , b y F �{ _.. � ,� ' � �� i� �. �' � �� '' t ' �'�.�:�,� ��. � `� S {.Y .�i t � �� ,e � � a� � � s � � °� t k,'�x Y ^ �^'- i, r ��} y t.a':� � F :a e r . r ,� � � f � i " ,�� ; �,o- +_�` z �r �i � n i + . Y .. � .'H $ F :r' � Y : h } :� �+��. \ � 4 F l � 7 t . .1't F ; } �. j. 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STARR, CITY ATTORNEY /�"��n°,�m�"`��` 647 City Hall, Saim Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR 1Vovember 29 , 1989 RECEIVED Np�3o1989 � CI i� CLER+C Albert B. Olson City Clerk 386 City Hall & Court House Saint Paul , Mn 55102 Dear Mr. Olson: Pursuant to your request, I ave enclosed a Resolution granting the appeal of Jeffrey Kantner to allow him to use the third floor of the property at 1800 Engl wood Avenue as a caretaker unit. Would you please prepare the necessary green sheet and process this for the City Council . Yo r very truly, �' J J. SEG ssi�tant City Attorney , �. � , ,�..� JJS : jr Enc. . � 9�- �� DEPARTMENT/OFFICE/COUNqL DATE INITIATED City Clerk's o�f��e � ' � GREEN SHEET No. b 19 0 OONTACT PERSON Q PHONE INITIAL/DATE INI7IAUDATE DEPARTMENT DIRECTOR �CITY OOUNqI A1 Ol son 4 2 31 �M�� cm nrroANer [�Grr cx�RK MUST BE ON COUNCIL AOENDA BY(DATE) ROUTIN(# BUDpET DIRECTOR �FlN.&MOT.8ERVICE3 DIR. MAYOR(OR A8818TANT1 � TOTAL M OF SIGNATURE PA�iE3 (CLIP ALL LOCA IONS FOR 81QNATUR� ACf10N REOUESTED: Resolution granting the appeal of Jeffrey ntner to allow him to use the third floor of the ro ert at 18�0 En lewood A�e. as a ca etaker unit. RECOMMENDATIONS:Approve(lU or RsjeCt(F� COUNCIL COMMI EElRESEARCH REPORT OPTIONAL _PLANNINQ COMMISStON � _qVIL SERVICE COMMI8SION ��YST PHONE N0. _G8 COMMITTEE _ _STAFF _ OOMMENTS: _DI8TRICT COURT _ SUPPORTS WHidi COUNCIL OBJECTiVE7 INITIATIN(3 PHOBLEM.ISSUE.OPPORTUNITY(Who.Whet,WMn.Where.Why): Resolution reauested by Council confirming ction taken at `Public Hearing held November 9, 1989. ADVANTAGES IF APPROVED: DISADVANTAOES IF APPROVED: RECEIVED DEC051�9 CITY CLERK DISADVANTAOES IF NOT APPROVED: �ouncil I�esearch Genter. u t� p 11989 TOTAL AMOUNT OF TRANSACTION $ COST/REYENUE BUDOETEO(qRC�H ONE� YES NO FUNDINQ SOURCE ACTIVITY NUMSER FlNANqAL INFOFtMATION:(DCPWI� �� r ,. � , ��>- �� 6 G1TY �p ', � � `�'. , � 1�`-�� CITY OF SAINT PAUL ° ��„��;,, ; DEPARTMEN OF PLANNING AND ECONOMIC DEVELOPMENT `,>m �� „a DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 186� 612-22&3270 GEORGE LATIMER f�FCEIVED MAYOR SEP 1°�� September i4, 1989 GfTY' �LE��' Mr. Albert B. Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 Dear Mr. Olson: This letter is written to confirm the earing date for: Applicant: Jeffrey Kantner File Number: 10555 Purpose: Appeal the decision o the Planning Commission which would allow a 3- lex occupancy of a residential structure. Legal Description of Froperty: 18 0 Englewood Lo 7, Blk 12; College Place West Previous Action: Planning Division Decisio : Denial (vote 12-1) 8-25-89 Zoning Committee Recommen ation: Denial Board of Zoning Appeal: In order to allow time for the mailing f appropriate notices, please schedule the hearing date as soon as possible af er 10-19-89. Our preference would be 10-19-89. I will phone you within the next few da s for schedule confirmation. Sincerely, ��- ��---. Daniel K. Bayers Zoning Section cc: file # 10555 cc: Mary Jean . , �� ST. PAUL CITY COUNCIL PUBLIC H ARING NOTICE 0 N I N G R��ErVEp 4Cfi1 oi9�89 CItY Cl.EIiK T0: Property owners within 350' ; FIL E N 0. 10555 Representatives of Planning Di rict 11 PAGE PURPOSE �- - Appeal from he decision of the Planning Commission denying Nonconformin Use Permit for a three-ple;c occupancy of a two-family r sidential unit. LOCATION 1800 Englewo d Avenue (South side between Fairview & Wheeler) � PETITIONER �EFFREY KANT ER � � H E A R IN G Thursday, Oct ber i9, 1989 9:0o A.M. `` Citv Council hambers, 3rd Floor City Hall - Court House s f ` QUESTIONS I Zoning Chuc McGuire. (224-3364) � Contact the Z ning Section of the Planning and Economic Development D partment, Room 1101, City Hall Annex, t 25 W. 4th Str et, St. Paul, Minnesoia 55102 Legal Descrip ion: On file � Notice aent 10/6/89 � �p,.r ��,, � 9- � �' l .� 4 GtTY OA '� �� R� . �. ��---�- CITY OF SAINT PAUL 4 � .� ��i�� ; DEPARTMEN OF PLANNING AND ECONOMIC DEVELOPMENT �� °11 �� ha DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 �86� 612-228-3270 � GEORGE LATIMER MAYOR RECEIV'ED October 16, 1989 �1'7� ClTY CLERK Albert Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 RE: Zoning File #10519 - Jeffrey S. K ntner City Council Hearing: October 19, 1989 PURPOSE: An appeal from the decision f the Planning Commission denying a Nonconforming Use Permit for a three-p ex occupancy of a two-family residential unit located at 1800 Englewood Avenue. PLANNING COMMISSION DECISION: Deny ZONING COMMITTEE DECISION: Deny STAFF RECOMMENDATION: Deny SUPPORT: District 11 recommended appr val. Three letters received; two phone calls from persons unable to attend me ting; five persons spoke. OPPOSITION: One letter received; one erson spoke. Dear Sir: On August 17, 1989 the Zoning Committe of the Planning Commission held a public hearing on this Nonconforming U e Permit. The petitioner testified. At the close of the public hearing, the C mmittee voted 6 to 1 to deny the Nonconforming Use Permit based on staf findings. On August 25, 1989 the Planning Commis ion upheld the Zoning Committee's recommendation on a unanimous voice vo e. This appeal is scheduled to be heard b the City Council on October 19, 1989. Please notify me by October 18 if any ember of the City Council wishes to have slides of the site presented at the pu lic hearing. Sinc rely, �� -L��_�_�V Pe� `�A�Reichert ggy Deputy Director for Planning PAR:rm Attachments �`�� LIST OF ATTACHMENTS - File #10519 A eal #10555 Page Application for Appeal 1 Application Support Materials 2-8 Correspondence 9 Planning Commission Resolution 10-11 Zoning Committee Minutes (8/17/89) 12-13 Correspondence from Midway Coalition istrict 11 14 Zoning Committee Staff Report 15-17 Application for Nonconforming Use Pe it 18 Application Support Materials 19-25 Sufficiency Check Sheet 26 Interdepartmental Memo from Zoning A inistrator 27 Location Maps 28-29 Land Use Map 30 Floor Plan 31 Statement from County Tax Records 32 Truth-in-Sale Housing Disclosure Repo t 33-40 �-��-� APPLfCATION FOR APPEAL ZONING OFFICE USE ONLY ,CITY OF SAINT PAUL RECEIVE File � /��JJ J C'G '� � SEP 131989 Appl ication Fee S � G� -�' l�- . -- ZONING 7entative Hearing Date App 1 i cat i on i s hereby made for an Appeal to the Cit Council under the provisions of Chapter 64, Section 206 , aragraph (a) of the oning ode to appeal a decision made by the _ Board �ng Appeals Planni g Comnission on AuQUSt 25, , 1989. Zoning Administrator (date of decision) X Planni g Administrator Other A. APPELLANT Name Jeffrey S. Kantner, 1800 En 1 wood, St. Paul Oaytime phone 835-3800 c o eter K. Bec , Larkin, Ho fman, Daly & Address Lindgren, Ltd. , 7900 Xerxe Ave. So. , Zip Code 55431 S—te�00, Bloomington, 55431 B. OECISION 6EING APPEALED Zoning fi le name Jeffrey Kantner Non onformin Use Zoning Fi le # 10519 Permit Property Address/Location 1800 Englew od Avenue , Legal description Lot 7, Block 12 olle e Place West Division • C. 6ROUNDS fOR APPEAL (Use additional sheet if necessary.) (cxplain why you feel there has been an rror in any requirement, permit, decision or refusal made by an administrative off cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or t e Planning Comnission.) (See attached letter) If you have any questions, please contact: , n s sign ure St. Paul Zoning Office _ 1100 City Hall i,nnex � � j, -� 25 Wes� �ourt� �treet . 3 f g i- `�v.t._- ,� ,��: - Saint Paul , Minr,esota 55102 te City agent (298-4154) 9/82 � _ / - �-�� """' "'""'" LAI3HIV HOFF�IA . DALY 8C LINDC3RE\. LTD. °�v�o� �`�T �p�twt��.wO11r�M MICMA(l♦.Maw�M ) CNAI�t[f A w[�vtw J�[w•.O�l� M[1�wAN l •�LLt Q ■�MN�TM��wOawtw ATTO N E V 5 AT LAW V�NGCNT O.(�l� 1 W[MD[ll• •MD[ASON •NO,iCW J YITCM[Ll O(A�10 M •AI(D[ll - JOMN�.COTT[A• •ll�N C YVlL10�N •[�.TAIC[A.I�OTMOrC�I[• �Q�(I�T J H(NN[S7E� ��Ul! �IVMw[T• ��r��t.[wKKSOw i5C0 NORTMWESTERN F�NANCIA CENTER 2000 P1PER JAFrp�• 'OWER ♦u�+i.��ioow cow•wo�.ow�sco�� R.T��rra.. .�co•*[ .c�.�.Y ��rt�� +��tr 7900 XE�iXES/�VENUE 50 TM 222 SOUTt+ N�N��+ 5'�^EET ricr��ci • �c��wp.+ p[NC N rUll[p �A�NC�1! G�S[�!C'� ��C C ![�L[wOa�N BLOOM�NG'ON,N!NNESOTA 543i MINNEAPOl�S,MINMES�� 55a02 rp��q ��w«c.ti,� _•s• O�C��4D J.RCCNI�N � ♦MY O�AO GA�D• .o�w D IVILM[■ TELEPHONE E= 835-38 O TELEPMONE �6i2 __� 66�C �ATH�O�NE��PYE��M __'� �O�cA•C.•ovt[ c,�x 6i2 896-3333 �4X '6�2; 33E ?-e� p�qr[C, eOw-�ESSC� �A�Nw . .��I�V[v - -r�w��S f.MOD6Lt TODO N �l�'�O�'=�' -..4�5TpPwEP..D'C'2Ew r'r0'�" ' _5 C�+^.R O[A�TIF ' � 34EGCA�EM�GAS'�7 �_iM��`� SME�i �IORT S1:9�1R84N 0«I�E �iSA• GR�� 'MC��S�-�TOLTMAN ��RY�.RE'+^if�£ STEVCN G.LEViN ��3C S�p�N BROCK .^iA�'�E,SJ' E 25O -aOM�S N wE�-�E� VpANC3' O�NOWI�N $HANNON w r�C=�wBO,��E �Gw�E:C.�AC�,M�.N �,.�iCN RA. �DS.��NNESOT4 55a33 r..iCH�[l 5 CG�E�. iOMN C.D�CML DENISE M.NOA'C'+ JON S.lW�[p=EW9Mi �ELEP ONE•6i2� 7g6-�� G.�R�♦ vNN C:E�E �NOM�4 J.�L'�NN MiCw�El B OA��+�ti J��CS•.OV�NN F �612� 766-671� . .,oSCOti W C�C+Ea TODC'.�ACEMAM J�COI.CI�NE �. ��C�2 S�CP�E�+e.SOLOMO�+ GA•�EN l.Kw�C• AE'E�+�.SECK ROD�+['� �+E°_ :EAOVE w,RAMNMC .,U:'E♦ WA�SE gi+[Rqi��O�AN KURET�CM �HRi5TO0HEF,. �+�AA'� "�� vCR�LJ L.SCCK Repl �O Bloomington SNAAON l.OAENM• JO�+'�B.LUNDOUi3T MARIKAY CANnGA u'iAL '>�1v�E NOIAN� !IMOTNr J.NEA.HE TtiOM�.S 0.�+UMPMAE�,JR. JON R.NOWBEpG WI��IAM C�GRI«+TM TNEODORE A.r�OMD.��E JOMN J.5TE«ENMAGEI September 12, 1989 DANiE�w.v053 OFCOVN$EL Cl�y COII1aCl� JOSEGN G�T�S RICMARD A.NOADB�E C��V �� Y V. Paul Y�SOAOMITT[D�M C�Of St. Paul Zoninq Of f ice w""N'�� 1100 City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 Re: Appeal of Jeffrey S. Kantner from Denial of Nonconforming Use Permit Dear City Council Members: This letter supplements the Appl'cation of Jeffrey S. Rantner for an appeal from the decision of the lanning Commission denying a nonconforming use permit to all the expansion of a duplex to include a caretaker's apartment. BACRGROUND Mr. Rantner is the owner of the roperty located at 1800 Englewood Avenue (the Property) . The Property i a very larqe, three-story residential structure constructed in 1890. The first two floors of the Property have been occupied as separate dwell'ng units for a number of years. The third floor of the Property was first rented out by the former owners in 1982 . Mr. Kantner rented this partment in September 1983, and has resided in the apartment since hen. On December 31, 1987, Mr. Rantn r purchased the Property from the prior owners . At that time Mr. Rantn r checked Ramsey County property tax records and determined that the Property is assessed by Ramsey County as a triplex. A truth in sale of ousing disclosure report was also prepared at the time of Mr. Ran ner's purchase. This report evaluated all three dwelling units and ma e no mention of any unlawful use of the Property. (Copies of the Ramse County tax record and the Truth in Sale of Housing repart are enclosed or your reference . ) Zt3��t�G �ILE : _ Z _ �'�' a� � � LARKI_\', HOFFMAN, D_ L2 c.� LI�DGRE\, LTD. City Council September 12, 1989 E3Qp 2 In reliance on the truth in sale of ousing disclosure report, and lrir. Kantner's research of Ramsey Co ty records, Mr. Kantner proceeded to purchase the Property as a three-un't residence. The purchase price of the Property { $117,000) was based o the Property's value as a triplex, as assessed by Ramsey County. Following his purchase of the Prope ty Mr. Kantner, who is a carpenter by trade, proceeded to invest several thousand dollars and substantial amounts of his own time on repairs nd modernization of the Property. His neighbors have strongly support d and applauded his efforts to upgrade and improve the Property. number of these neighbors testified at the Zoning Committee hearing to his effect. In December 1988, as a result of bu ldinq inspections conducted in connection with Mr. Rantner's impro ements to the Property, an order was issued stating that the building mu t be deconverted to meet the Zoning Code. This was Mr. Rantner's first knowledge that the building did not conform to the Zoning Code. The bu lding complies in all other respects with all of the City's Building Cod s . The Inspections Department has found Mr. Kantner to be very cooper tive in complying with all requirements . Upon receipt of the December, 1988 nspection report, Mr. Rantner attempted to determine how best to btain approval to continue to occupy the third floor apartment in his ho e. He was advised by Planning staff to seek a rezoning. This rezoning as denied by the Planninq Commission and City Council on the grounds tha it would constitute a spot zoninq. In the course of the proceedinq, Mi way Coalition-District 11 recommended that the Property be qranted noncon orming use rather than rezoning. The � present application is intended to ollow up on that recommendation. Mr. Rantner's application for a no onforming use permit was heard by the Zoninq Committee of the Planning C ission on August 17, 1989. Several � of Mr. Rantner's neiqhbors, and a presentative from Midway Coalition - District 11, testified in support f his request. However, the Zoning Committee, on a 6-1 vote, recommen d denial of the application. The Planning Commission subsequently a opted this recommendation. This appeal is taken from the Planning ommission's decision. Section 62 . 102(e) (12) of the Zonin Code provides that the Planning Commission may permit the expansio of a nonconforming use if certain findings are made. The Property i a legal nonconforming use in the R-4 single family residential zoning d strict. Mr. Rantner's request is that the Planning Commission allow the xpansion of this use to include a caretaker's apartment on the third floor. As noted above, the third floor apartment has been in existe ce for some time. The application for a nonconforming use permit is made so that the Property can be brought _ �� -��3 LARKI\, HOFF�IA\ DAL7 � LI\DGRE\, LTD. City Council September 12, 1989 into compliance with the Zoning ode and so that Mr. Kantner can continue to live in his home. ZONINC; ORDINANCE STANDARDS Section 62 . 102(e) ( 12 ) of the Zon ng Code sets forth five standards to consider in acting upon an appli ation for a nonconforming use permit. They are: l . The expansion is accessory t the principal use and will not result in an expansion of the princ pal use. : The request is to allow a ca etaker's apartment on the third floor of the Property. Section 50.20 .A. of the Zoninq Ordinance defines "Accessory Use or Accessory" to include, "Residential accommodations for servants or caretakers. " A copy of this definition is enclosed for your reference. As a ca etaker's apartment, the third floor apartment in the Property is by definition "accessory to the principal use, " and this fin ing is met. There will not be any "expan ion of the principal use, " as there will be no expansion of either du lex unit nor any additional space added to the building itself. The third floor unit was created within the � four walls of the building. This portion of the first finding is also met. The third floor apartment ha historically been occupied by the caretaker of the Property. . Rantner has served this function . since moving into the apartm nt in 1983, as confirmed in the enclosed affidavit. Mr. Kantner will agree to a condition of the � nonconforming use permit tha occupancy of the third floor apartment be restricted to the caretak r of the Property. 2 . The expansion will allow the continuance and improvement of a use . which is compatible with the adjacent Property and neighborhood. � As noted above, the third fl or apartment has been occupied since 1982 . During these past sev n years the Property has proven itself to be fully compatible with he adjacent residential properties and the neighborhood. In fact, r. Rantner's immediate neighbors and District 11 support the requ st for a nonconforming use permit for the Property and testified t this effect before the Zoning Committee. � �� '-�� I__1RKI\, HOFFMAN, DA � �1' LI�DC*RE\, LTD. City Council September 12, 1989 ��a d The expansion to allow a caretak r's apartment has a direct impact on Mr. Kantner's ability to continu lly improve the Property. Without the rent which the Property now enerates it would not be possible for Mr. Rantner to continue to m intain and improve this very large and very old Property. Granting the requested permit will allow Mr. Kantner to continue to maint in and improve the Property, thus insuring its continued compatibi ity with the adjacent property and neighborhood. The required find ng is met. 3 . Off-street parkinq is provided f r the principal use and expansion which meets requirements of Sect on 62 . 103 for new structures . mh� s standard ?s met. The site plan submitted shows co pliance with all Code requirements for off-street parking. The Pla ninq Commission found this standard to be met. 4 . Notarized petitions signed by t -thirds of the Property owners within 100 feet of the subject operty has been obtained. mh; s standard is met. The required petition has been ubmitted. The Planning Commission found this standard to be met. 5. A rezoninq would be inappropria e and result in a spot zoning. T,�+�� standard is met. Rezoninq of the Property was re ested and denied by the Planning Commission and City Council on he qrounds that it would be a spot zoning. The Planning Commissio found this standard to be met. PLANNI�IG COI�4�IISSION ERROR The Planning Commission made seven indings of fact. Three of these findings (numbers 3, 4, and 5) are ot in error. These three findings are to the effect that the third, f urth and fifth standards for the issuance of a nonconforming use pe it are met. The Planning Commission's findings numbers 1, 2, 6, and 7 are in error, as follows: 1 . In finding No. 1, the Planning Commission concluded that the proposed expansion is an expansion of t e principal use and not accessory to the principal use. _..5— ! �'r �i � � LARKI`, HOFF�1Ati, D LY � LI?rDC:RE\. LTD. City Council September 12, 1989 P.a9p 5 As noted above, Section 60 . 201. of the Zoning Code defines "Accessory Use or Accessory" to include, "residential accommodations for servants or caretakers" . S ction 60 .412 of the Zoning Code identifies "Principal Uses Perm tted" in the R-4 zoning district to include, "accessory buildings, tructures and uses as defined in Section 60 . 201" . Mr. Rantner's caretaker's apartment is, by the express terms of the zoning ord nance itself, an accessory use which is expressly permitted as a pri cipal use in the R-4 zoning district. 2 . In finding No. 2, the Planning ommission found that the caretaker's apartment is not consistent wit the Zoning Code because it exceeds the prescribed density; and tha , "the use does not appear to be compatible with the ad�acent pr perty and neighborhood" . The first of these conclusions is in erro as a matter of law; while the second is directly contrary to the fac s and evidence which were before the Zoning Committee. Mr. Rantner's property is a dup ex in a sinqle family district. However, its use as a duplex pr dates the Zoning Code and it is a legal nonconforming use. Plann'ng staff is in agreement with this . The caretaker's apartment does ot increase density. The property remains a legal nonconforming d plex, with an accessory caretakers apartment specifically permitte by Sections 60.201 and 60.412 of the Zoning Ordinance. There is no 'ncrease in density legally, as the property will remain a duplex; or is there an increase in density as a practical matter, as Mr. Rant er has occupied this property since 1983. The Planning Commission's conc sion that, "the use does not �DD.,�r to be compatible with the adja nt property and neighborhood" is directly contrary to the evide e which was presented to the Zoninq Committee. Many of Mr. Rantne 's neighbors, and a representative from Midway Coalition - Distri t 11, testified that the property is entirely compatible with their neiqhborinq properties and the neighborhood. In fact, the te timony was to the effect that the Property has become more compa ible since Mr. Rantner moved into the caretaker's apartment and bega improving and upqrading the Property. Even the Planning Commission f 'nding acknowledges, "the proposed expansion may allow the contin ance and improvement of the use" . 6 . In finding No. 6, the Planning Commission concluded that allowing caretaker's apartments would i crease housinq density in all zoning districts and be a dangerous p ecedent. This finding is in error. The Zoning Ordinance itself al ows caretakers apartments as accessory uses and, allows accessory use as permitted uses in all residential zoning districts . The questio before the Planning Commission and �� .� ��3 L!�RKIN, HOFFMAN, DALT �c LII�DGRE.\'. LTD. City Council September 12, 1989 the City Council is whether, 'n this instance, the standards for the issuance of a permit to expa a nonconforming use have been met. If the standards have been met, he permit cannot be denied because the Zoning Ordinance is in error 'n allowing caretakers apartments as accessory uses . Whether or not Mr. Kantner's aretaker's apartment would be a "dangerous precedent" is not standard for the issuance or denial of a nonconforminq use permit. owever, in fact, Mr. Rantner's situation is so unique that i would not constitute a dangerous precedent. Mr. Kantner occupied his care aker's apartment for over five years with no adverse impact on any surrounding property owner or the neighborhood. In fact, his o cupancy has been directly responsible for a vast improvement in the property. When he went to purchase the property he checked the count tax records and found that it was listed and taxed as a triplex The City's Truth in Sale of Housing report did not indicate any p oblem with occupancy of the third unit. Since the Zoning Committee he ring and Planning Commission meeting we have received additional evid nce that all parties, including the City, have always considered he property a lawful multiple dwelling. Enclosed is a copy of Mr. Ran ner's storm sewer system charge for the property. In this statement, the City of St. Paul has identified the property as "Use Class F: Mu tiple Dwellinqs", rather than Use Class C: Residential, One and Two amily Home. Most importantly, the propert is unique in that the caretaker's apartment is necessary if thi very old and very large duplex is to be adequately maintained and emain a property which is compatible with and a benefit to the nei hborhood. Without the caretaker's apartment, the property canno bear the cost of the extraordinary maintenance which such an old and large home requires, and will inevitably deteriorate. 7 . In finding No. 7, the Plannin Commission found to the effect that Mr. Rantner's apartment in hi home has not been primarily used as caretaker's quarters as that erm is def ined under the Code. This is in error. The Zoning Code does not defi e caretaker's quarters . Planning staff has made reference to a defin tion of "caretaker" from a U.S. Department of Labor Dictiona of Occupational Titles. This definition is not a part of t e Zoning Code, is not incorporated in the Zoning Code, and is compl tely irrelevant. ! �� LARKI\, HOFF�IA\, DAL�i R LINDGRE\, LTD. City Council September 12, 1989 The St. Paul Zoning Code does not prohibit a caretaker from buying the property which he is cari g for. This is the situation here. Mr. Rantner lived in and care for the property until he purchased it in 1987 . The Zoning Ordinanc does not prohibit a caretaker from becoming an owner, nor an own r from being a caretaker. Mr. Rantner has resided in this apartment since 1983 and has been the caretaker for the property since then, s confirmed in his affidavit. There was no evidence before the Zo inq Committee upon which a finding contrary to this could be mad . CONCLUSION It is clear that all parties, the ity, the County and Mr. Rantner, have always believed the property to b a lawful triplex. Mr. Rantner is willing to agree to designation of the property as a duplex with a caretaker's apartment, and to cove ant against the use of the caretaker's apartment for any use other than a caretaker's apartment. This concession will adversely affect h's property value significantly, but if he is allowed to continue livinq i his home he has no intent of selling it and is not concerned about such a decrease in property value. Mr. Rantner is not an absentee lan lord or a speculator in rental properties. He is a carpenter who purchased this Property with the intent of continuing to reside in he third floor apartment and using the rent generated from the other two nits to service his debt and pay for substantial repair and updatinq im rovements to his home. He purchased ` the property at a value which refl cted the existing three units, after checking the Property tax records nd having a truth in sale of housinq report done. He cannot afford to ose rental income from one of the units in the Property and still ma ntain and improve the Property. Nor can he afford to move from his one bedroom apartment on the third floor to the three-bedroom apartment on he first floor or to what would be a five-bedroom apartment on the seco d and third floors. Most of all, he can not afford to sell the Propert at the price which it could command , as a duplex. Therefore, Mr. Rantner has made th's request for a nonconforming use permit for an expansion to include a caretaker's apartment. The necessary findings for the issuanc of such a permit are met, and the unique circumstances of this Prope y and this homeowner make the issuance of the permit appropriate. . Very truly yours, P..�. � � �. ,�, Peter R. Beck, for � LARKIN, HOFFMAN, DALY & LINDGREN, L d. kw - PRB:EU6s ' �� G �� ♦.��t f �1 •4 (/�/l�'�� • .4 CITY OF 5 INT PAII ` '= OEPARTMENT �F PL.4NNING AyD ECONOMIC DEVELOPMEIT .�� =G Di�'ISIO'� OF PL�'�tit��: `�. ; 2i Nest FouAh Slreet,Saint Pwl Min�esols i,ii02 ��'� 612-T:8-3:'� GEORGE UITIMER VIAYOR Augus� 3�. �°8� '.ylr. Jeffrey Kantner 1800 Englewood Avenue Saint Paul , Minnesota 55104 Dear Mr. Kantner: On August 25, 1989, the Planning Commi sior., by a vote oi 12 to 0, denied yaur request for a nonconforming use permit to allow continued occupancy of a third floor unit as a caretaker's apartment t your 1800 Englewood Avenue property. Enclosed please find the resolution to that effect. You may appeal the decision of the Pla ning Commission to the City Council by filing an application for appeal by Se tember 14, 1989. The application is available from this office and would r quire a fee of $200. Please call me at 228-3382 if Z can be of further assistance. Sincerely, Roger an City Plaruier Zoning Section RR:rm Enclosure cc: �ile #10519 Zoning Administrator License Inspector Fire Marshal District Council s�ll r• ��-- �-��3 � city of saint paui piannaig commission re �tion file number 89-�� C�te _ AUQUSt z;. 19R9 wtiIEREAS, Jeffrev Kantner, file R10519, has apglied fo: 3 ':c-:cor.:orming L`se Perm�: under the provisions of Section 62.10 . (e) (12) of the Sair.� Paul Legislative Code, for the purpose of allowing the use o a third floor ur.it :^ an existing duplek as "caretaker's quarters" on property lo ated at 1800 :.r.gleko:d A�enue legally described as Lot 7, Block 12, College Place West Division; and k'HEREAS, the Zoning Committee of the lanning Commission or. August 17, 1989, held a public hearing at whic� all persons pr sent were given an e�portunity to be heard pursuant to said application in accor nce wi[h the require�ents of Section b4.300 of the Saint Paul Legislative Code; a WHEREAS, Saint Paul Planning Commissio , based on the e1•idence presented to its Zoning Committee at ttie public hearing as substantially reflected in the minutes, made the foliowing findings of fact: 1 . The expansion of this use as propo ed is an expansion of the principal use, ths� is residential use, and therefore ot accessory to the principal use of the structure as a dwelling place. 2 . Used as proposed, the expansion is ot consistent with the zoning code for this area of the city in that it exceed the prescribed density. The area is zoned for single family use. Although t e proposed expansior. may "allow the continuance and improvement of a u " the use does not appear to be "compatible , with the adjacent property and nei borhood;" as required by the Zoning Code. 3. Off-street parking which meets the equirements of Section 62.103 can be made available on the site. 4. A notarized petition signed by two- hirds of the owners within one hundred (100) feet of the subject property has be n obtained and was furnished with the application. 5. Since the rezoning of the property as already been denied on the basis of spot zoning, it is clear that a change i zoning would constitute a "spot zoning." (c ntinued) moved by MORTOi� s��conded by �'ENCL in fav�or 1�n—s against— - /D - �','- �� File �10519 P�ge T�o 6 . Allowing an owner-occupant an additi nal unit as an "accessory caretaker's quarters" if extended to its extreme could have the net effect of increasing housing density in all zoning distri ts. As such, it appears to be a dangerous precedent. 7 . The third unit established on this p operty in 1981 was not established as and has not been primarily used as a car taker's quarters as that term is defined under the code. NOW, THEREFORE, BE IT RESOLVED, by the int Paul Planning Commission, that under the authority of the City's Legislative ode, the application for a Nonconforming Use Permit to allow the use of a third loor unit in an existing duplex as "caretaker's quarters" at 1800 Englewoo Avenue is hereby denied. � �` � ��'��' , MINUTES OF TH ZONING C�iITTEE CITY COUNCIL CHAMBERS, SAINT AUL, tlINNESOTA ON AUGUST 17, 1989 PRESEtiT: Mmes. Hirte, Morton, Tracy and Zieman; Messrs. Christenson, Neid and Repke of the Zoning Co ittee; Mr. Segal, assistant City Attornev: "is. Lane of the uilding Inspection and Design Division: Mr. Bunnell , Mr. McGuire a d Ms. Murray of the Planning Division staff. �BSE`:i: :°Ss . °»encl* *Excused The meeting was chaired by Gladys Mor on, Chairman. JEFFREY KA:'�TNER (�10519) : A Nonconfo ming Use for property located at 1800 Englewood Avenue to allow continued o cupancy of a third floor unit as a caretaker's apartment. The applicant was present; there was pposition present at the hearing. Mr. McGuire showed slides of the site and reviewed the staff report with a recommendation for denial. He stated that District 11 sent a letter recommending approval. Peter Beck, Larkin, Hoffman, Daly and Lindgren, Ltd. , 7900 Xerxes Avenue, Minneapolis, representing the applica t, stated that 3effrey Kantner has resided at 1800 Englewood Avenue sinc 1983 and in December, 1987 purchased the property. He said that Mr. Kantn r checked the property tax records, found that the property was identifie as a triplex; also from the Truth-in-Sale of Housing Disclosure R port noted that the property was described as a triplex and relying on those records, purchased the property as a three-unit residence. Mr. Beck dis ributed his letter and a packet of documents relative to the property. e cited Section 60.201.A. of the code with reference to "accessory use" and residential accommodations for servants or caretakers, stating that the appli ant is requesting permission for the continued use of the third unit as a aretaker's apartment. Mr. Beck asked that the Committee consider Section 6 .102(e)(12) of the Zoning Code and the findings listed therein. He presente his response to those findings. *ir. Beck requested that the Committee con ider the unique c::cumstances of '�r. Kantner's situation, said that careta er apartments as accessory uses are specifically ailowed in the code, and that he finds nothing in the zoning ordirance Lhat would prevent a careta er being an buildi::g owner. �ir. Repice asked how this situation is ifferent from an :llegal conversion of a dup�et, follo�ir.g which the propert: would be sold to someone who had not been ad�•ised of that conversion. Mr. eck replied that it could be differer.: in a number of respects. �is. Tracy asked if Mr. Beck's definiti n of a caretaker's unit depends upon location and size. He answered no; t t he considers a caretaker's residence *o be an accessor� use. Ms. Tracy ask d about the tradi�ional definitions c� a ser�:ant and a caretaker. Mr. Beck s ated that the or�3inance does not require a caretaker to be an employee. Discussion foliowed regarding those definitions and issues involved. _ �Z - i 6 � File �10519 �� , Page 1wo � Mr. Christenson asked if part of the roperty has been claimed as homestead. Mr. Beck replied that he assumes, bec use of the county :isting, there is a partial homestead tax credit Mr. Ch istenson asked if the proposal is to eliminate the homestead credit, becau e of the caretake: :esiding as accessorv to the principal use. Mr. Beck state [hat Mr. Kantner -ould still be the owner and still occupy the third unit Mr. Christenson sa?d that there would be no third unit, there would be an a cessory use only. `!r. Beck answered that consultation with the county wou d be required. Mz. :.hristenson stated �hat ahile the Cortunittee can empathiz with an individ�: situation, there are rnany houses in the city which are sub ect to expansion ir.=o third units, and said that the Commit;.ee has to deal w th land use issues anlv, not an individual license to the property o er. Further discussion followed regarding potential resale of the pro erty without a third unit and illegal conversions of city properties. Susan Harris, 1794 Englewood, address d the previous condition of 1800 Englewood, the "drastic improvements" accomplished by the applicant, and stated that the structure is compatib e with neighborhood use because of the size of the house and its owner occup ncy. Caroline White, 1809 Englewood Avenue said that she has lived in her home since 1975, gave a history of the Kan ner home and how i� was restored by previous resident architects, and sai that she strongly supports the applicant's request for nonconforming use. Ms. White added that Merrill Robinson, representing the Merriam Pa k Community Council, had to leave the hearing but wants to go on record in upport of the requested permit. Bruce 0'Leary, 1789 Englewood, stated that Jeff Kantner �aintains his property in an exemplary manner and is a great asset to the neighborhood; Kathleen 0'Leary, 1789 Englewood, spoke in sup ort and stated thst upkeep of property such as the applicant has accomplishe , helps to preserve a good neighborhood. Pat Teiken, 1794 Englewood, said that she moved to Saint Paul versus Minneapolis because of the neighborho ds and the structure set up to have neighborhoods have a voice in their m nagement. Lyle Young, 1807 West Minnehaha, spok in opposition cit:ng the possible precedent setting effect. There being no further testimony, Ms. �Iorton closed the =-:blic hearing. Ms. Tracy requested information on o er occupancy being a possible condition for a caretaker residence. Mr. Segal replied that it is ?ossible to determine whether or not this is a caretaker's uarters, but that :here is no provision in legislation for zoning based on o ership. �ir. Repke moved to recommend denial o the nonconforming use permit based on staff findings. Ms. Tracy seconded t e motion which passed on a roll call vote of 6-1 {Hirte) . Submitted by: Approved by:, �. i� � � � . �� 'i� � �� j�7�� •-�r,:._ �'��f� �C�� Charles L. McGuire � Gladys `!drton, Chairman - 13- �� ' ��y t 558 W. Minnehaha Ave � Coal�tion St Paut, Minnesota SSiO4 D�St�Ct 11 646-1986 Servmg the Hamtine M�dway area ,+�: August 16, 1989 Ms. Gladys Morton, Chair St. Paul Zoning Coartnittee 1100 City Hall Annex 25 West 4th Street St. Paul, MN 55102 Dear Ms. Morton, � The Land Use Committee of the Mid ay Coaltiion-District 11 met with Mr. Kantner, owner of the triplex at 1800 Englewood Avenue on Tuesday, August 8. Members reviewed his r quest for a non c�nforming use permiE to continue the use of the third loor apartment as a caretaker's unit. The Land Use Committee members re oimnended approval of his request to the full Board of Directors based on unusual circumstances. M�. Kantner purchased the property five years ago as a triplex. He checked with County taxation recozds at that t'me and the property was defiaed as a triplex, and was being taxed as such. The Midway Coalition has traditi ally taken a fir� position on reco�end- ing denial of illegal triplexes, owever the Board agreed that this particular case is unusual. The embers voted to approve the request for a non conforming use permit a the Board of Director's meeting on Tuesday, August 15. One membez ted to deny the request. Board members do not believe bq granting this quest, that PED vill be setting a precedent, because of the circumstances surrounding this particular Case. The Coalition staff have received two phone calls in support of Mr. Kantner's request and one phone c 11 from a neighber concerned that it could encourage illegal triplexes. However, she stated that she viewed his property differently because f the circumstances, and how well he has maintained the house. The B rd of Directors zecommends approval. Thank yov. Sincerely, 4�. /f�3�l Susan Marschalk Community Organizer t � �t r �� Z��\i� 1'�i� i# �.li.� -./ � - �� ' ZONING C ITTEE STAFF REPORT FILE t�10519 1. APPLICANT: Jeffrey Kantner DATE OF HEARING: 8/17/89 2. CLASSIFICATION: Nonconforming Use Permit (NCUP) 3. LOCATION: 1800 Englewood Avenue { outh side between Fairview and Wheeler) 4. PIANNING DISTRICT: Eleven S. LEGAL DESCRIPTION: Lot 7, Block 1 , College Place West Division 6. PRESENT ZONING: R-4 Z ZNG CODE REFERENCE: Sec.62.102. (e) (12) 7. STAFF INVESTIGATION AND REPORT: D TE: 8/04/89 BY: Charles L. McGuire A. PURPO E: To consider a request for a Nonconforming Use Permit to allow the use of a third floor unit in an existin duplex as "caretaker's quarters." B. PARCEL SIZE: The property has 59.7 feet of frontage on Englewood Avenue and a depth of 176.125 feet. The area of the parcel is 10,51� square feet. C. EXISTING LAND USE: The property is currently occupied by a large wood frame resident�.al structure. There is no alley access to the property. Existing City land use maps indicate duplex use f r the site. D. SURROUNDING LAND USE: North: Low density single- and two family residential uses East: Single-family homes on larg lots. There is a triplex at the easterly end of the block according o the land use maps. South: Mixed single- and two-famil housing on RT-1 land. To the southwest, at Fairview and Minnehaha, the e is an 11 unit apartment building. West: Predominantly single-family housing, beyond the next structure to the west which is also displaye as a duplex on the land use maps. E. ZONING CODE CITATION: Section 62.1 2. (e)(12) of the Saint Paul zoning code states that " . . .The planning cotnmis ion may permit the espansion of a nonconforming use if, following a p lic hearing, the planning commission makes the following findings: (1) the ex nsion is accessory to the principal use and will not result in an expansion of t e principal use; (2) the expansion will allow the continuance and improveme of a use which is compatible with the adjacent property and neighborhood; (3) off-street parking is provided for the principal use and expansion which me ts requirements of Section 62.103 for new structures; (4) a notarized petition signed by two-thirds of the property owners within one hundred (100) feet of the subject property has beer. obtained; and (5) a rezoning would be inappropriate an result in a 'spot' zoning. " r,�� File *10519 (��'3 �Page 1r+o The planning commission may impose ther conditions to insure the general welfare. The applicant shall prese t the petition and evidence of the accessory nature of the proposed expansion an parking provisions. F. ZONING HISTORY: A petition to rezo e the subject property from R-4 to RT-2, to allow continued use of the structur as a triplex, was filed late in 1988. The petition was heard before the Zonin Committee on March 20, 1989, at which time, the Zoning Committee recommended de ial of the petition on the grounds that the rezoning would constitute a "spot z ing" and inconsistent with the Comprehensive Plan for the City of S int Paul. The Planning Commission upheld the recommendation of the Zoning Co ittee at its regular meeting April 28, 1989 by a unanimous voice vote. The peti ion was heard by the City Council on May 23, 1989. The City Council deni d the petition. G. DISCUSSION: The application current y under consideration requests a "Nonconforming Use Permit to allow t e expansion of a duplex to include a caretaker's apartment." Since Feb ry of 1982, the Building Inspection and Design Division has as a matter of p licy stated that "if a property owner claims any domestic employee as a re ident, the owner must provide documentation that there is a valid employer/emplo ee relationship and that the work being performed falls within the category f domestic service occupation as listed in the U. S. Department of Labor Dictio a of Occu ational Titles" (see attached memo dated February 26, 1982) . Acco ding to the definition provided by this document, a "CARETAKER (dom. ser.) o d-job worker. Performs any combination of the following duties in keeping priv te home clean and in good condition; Cleans and dusts furnishings, hallwa s, and lavatories. Beats and vacuums rugs and scrubs them with cleaning soluti ns. Washes windows and waxes and polishes floors. Removes and hangs draperies Cleans and oils furnace. Shovels coal into furnace and removes ashes. Rep aces light switches and repairs broken screens, latches or doors. Paints e terior structures, such as fences garages and sheds. May drive family car. y mow and rake lawn, May groom and exercise pets. When duties are conf ned to upkeep of house, may be designated as HOUSE WORKER (dom.ser.) . Although Mr. Kantner may in fact per orm some of the functions of a caretaker of i the building, he is by his own admis ion the landlord/owner, and therefore not an employee of the buildings' reside ts. Further, a caretaker's unit in a large apartment building is counted for de sity purposes the same as any other unit in the building. Although in this inst nce, the floor area of the unit proposed to be designated a "caretaker's unit" i significantly smaller than the other two units on the premises, it is still a substantial unit, having according to the drawings provided, some 950+ square eet of floor area. Mr. Kantner purchased the subject pr erty late in 1987, "in reliance on the truth in sale of housing disclosure port, and. . .research of Ramsey County records." The tax records indicated hat the property was taxed as a triplex. The truth in sale of housing disclos e report, "evaluated all three dwelling units and made no mention of any unl ful use of the property." In our review of the Truth-In-Sale of Housin Disclosure Re ort for this structure we note the following: 1. Under "N0. OF DWELLING UNIbS:" t e blank marked TWO clearly has an "x" marking indicating the evaluator regarded the unit as a two family home. �'� _ File �10519 �`��03 Page Three 2. The evaluation sheets refer to "ls Floor" , "2nd Floor" , and "Expansion", not units 1, 2, and 3. 3. Truth-In-Sale of Housing Disclosur Reports are prepared in Saint Paul only on single-family, two-family, and ind vidual condominium units. This dwelling was evaluated as a duplex with expansi n. 4. Truth-In-Sale of Housing Disclosur Reports are prepared to provide information on Building Code items (Chapter 34 of the Legislative Code) , and are not indicative of Zoning Code complian e. H. FINDINGS: 1. The expansion of this use as p posed is an expansion of the principal use, that is residential use, and t refore not accessory to the principal use of the structure as a dwelling pl e. 2. Used as proposed, Lhe expansio is not consistent with the zoning code for this area of the city in that i exceeds the prescribed density. The area is zoned for single family use. Although the proposed expansion may "allow the continuance and improvemen of a use" the use does not appear to be "compatible with the adjacent operty and neighborhood;" as required by the ' Zoning Code. 3. Off street parking which meets he requirements of Section 62.103 can be made available on the site. I 4. "A notarized petition signed b two-thirds of the owners within one hundred (100) feet of the subject prop ty has been obtained" and was furnished with the application. I 5. Since the rezoning of the prop ty has already been denied on the basis of ; spot zoning, it is clear that change in zoning would constitute a "spot � zoning." j 6. Allowing an owner-occupant an ditional unit as an "accessory caretaker's ' quarters" if extended to its e treme could have the net effect of increasing � housing density in all zoning istricts. As such, it appears to be a ; dangerous precedent. i I. STAFF RECOMMENDATION: Based on th above suggested findings, staff recommends denial of request for Nonconformin Use Permit. • ! �� ; � �_�`�3 ,APPLICATION FOR NONCONFORMIN6 USE PERMIT CITY OF SAINT PAUL ZONING OFFICE USE ONLY Zoning File # ��'� �� RECEIVED Application Fee S � yO�' �B JUL 10 1989 Tentative Hearing Date -17- ZONING Number of Lots or Size of Parcel : A legal nonconforming use of structure/land is one which lawfully existed on October 25, 1975, the effective date of the adoption of the Saint Paul Zoning Code. Application is hereby made for a Nonconforming Use Permit nder provisions of Chapter 62, Section 102, Subdivision 5, Paragraph 1� of the Zonin Code. ___________________________________________ ______________________________________________ A. APPLICANT Name Jeffre S. Kantner, 1800 En lewood, St. Phone (Daytime) 835-3800 Paul Addressc o Peter Beck 1500 NFC, 900 Xerxes, M ls, MN Zip 55431 Property interest of Applicant (Owner, ontract purchaser, etc.) Owne r Name of owner (if different) ___________________________________________ ____________________________________z========_ B. PROPERTY DESCRIPTION Address/Location 1800 Englewood A nue legal Description: Lot 7 81ock 12 Add. College Place West Division Present Zoning R-2 Lot Si e 59.7 feet by 176.125 feet ' (10 497 s uare feet) aasss:==n=xs=ex====ao=a=:a===o=cao==oc===a= ==aaa=�jx=saos�xas--_�__a:__a�_�___�sssa=ssms _ -___ _� __ ___� C. USE INFORMATION Previous Use (Attach supporting documen ation) Duplex Proposed Use or Change (Attach Site Plan) Du lex with caretaker`s a artme t on third floor �f yo.. ha,e any questi�ns, please tontact: Saint Paul Zoning Office, 1100 City Hall Annex 4102 25 West fourth Street, Saint P aul, Minne ota 55102 (298-4154) � ��! 2/85 �'9- �� JAM(s� NA��N LARRI\� HOFFMAN D,LY Bc LI�TDC3REN, LTD. °�~�O'��„ AQ�[AT�.MOIfMI�M YI�'N��l�.MC�IM ,IJCw�. D�l� CMAAI[�11.wCAV[11 p w(MN[TM l�MD6R[N M[AMI.M� /��l[ , w[wo[uR ♦NO[wso� ATTORNEYg AT LAW y1NC[Nioc��• - oc�.�o w rw�cotu �HOw[w J MI�CMCII .��•�c ..u�uo.� �ow..• co.��w• 40�[wt„ ..CN«[fs[r •��Tw�C[�-�Orww[��[o •M[S c [A�CRSON i50C NOpTMwES'ERN fINANC1Al ENTER 2000 PIPER JAFrR�� TOWER �►v�•.owwwCtt row�wo� ow�scou •lAN�.�rioow �� ...��e .,�i�v 7900 xEpxES�vENUE SOU N 222 SCU7H wih'� S�REET •�TM�ccw M_�ICOTTE MCM'MI�N G[YC N �I,;��CA M�CM�(l�.l[�ARON ;,�v�D C S[�LCwp1a[N 8�.^CMIN�'CN,MINNESOTA$ 43t M�NNE�POI�S,MI/�AESOT� 554�2 iA�NC�!C.6�SCRyOH o�C��1o0� •[[NnN Tq�Gv q.[ICMMOpN�M�C+S• '°^"' o `��:'"E° 'E:EFwQhE �6i2!835-380 'ELEP!'ONE �.6�2 338-66�C •w.D�PR G�+�Df . RCeE4� � BO�IE C�1w[fiiN[S�NNETi W'�S�ti� �P�N• . M�RVE" :n� 6•Z'�B96'3333 c4x �6i2�� 39E�9�6C :[rsw[.c.wtioEwSOti -i+�RlCS 5 MODELI �ANiEI l.lOWLE$ . �.w'STOOrE�+_.G'�E'2E�+ TODD w vV.TMOV�Ci+ � N n.DE�T"�E YOTM�,J.M�MnN�'S ' ��S�+EA NORTM UBI.Re�'� �tF1�E GREGORY C.ROAS'�C -�r.CweS o. S�CL'HA'. � :�g�•.GFA♦ S�CvEN a _cv�v 8990 SOR�t�IG ROOK �A:vE.SU�TE 250 �Np�•-?E�'�EKE MOARCS� �. ^��WL�N ' OM�S . MCVE� 'CNAEL C��ACKM/�N COON RAPI S.MINNES07A 55033 Sw�NNON K. C/.�+ea�.�E JO�w E.DrE•.� M�C'+AEL 5 COwEN -oti 5.Swi[�+2Ew5K� TELEPH NE�6i2 786-7n7 OENiSE r..wca�on ��CM�S.. ��YNY G�F"I�.N�N CLEVE _�MfS e �V��+�+ FqX 6�2 7e6-67i1 w�C�+�EI e.aA�'+wr� TpCC i. FPEEM4N �OSEOH W.D�CKEA SrEDwEN B.SCLOMON J.�CGVELINC�.D�ET2 �C�EP �.BE�M G��IEN l MN�.CR �EAOM[w MNKE AODNE� D.iVES SHCpA�L_OMAN KURETiCn JVI�E A.WRI.SE +CpAlO L.SECM } CrR�STOPHEA J.nwRR:S'-�� ONN 0.LUN70U�ST Rep y `Q Bloomington $MIIFON�.lAENNA DAVL[NOIAN� M4AlItAY CANAGA LIT2.�l' TMOMAS B.MUMPMqEr,JA� TIMOTM�'J.NGNE JON R.NDIiSERG . WIlL1AM C.GAIiCiTM TMEODORE A.MONDALE JOMN J.STE�iENMAGEN Ju ly 7, 19 8 9 °'""`"'.�°55 City of St. Paul Planning Commi sion O�COUN3EL JOSEPM G1T15 RICMARO A.NORDBY[ C/O �/`. Paul Zoning Of f ice M150 ADMITTED IN 1100 City Hall Annex w15CO""" 25 West fourth Street St. Paul, Minnesota 55102 Re: Application of Jeffrey S. K tner for Nonconforming Use Permit Dear Planning Commission Member : This letter supplements the Appl 'cation of Jeffrey S. Rantner for a � Nonconforming Use Permit. Mr. ntner's request, as discussed further below, is for a nonconforminq us permit to allow the expansion of a duplex to include a caretaker's partment. Mr. Rantner is the owner of the roperty located at 1800 Englewood Avenue • (the Property) . The Property is a very large, three-story residential structure constructed in 1890. he first two floors of the Property have been occupied as separate dwelli g units for a number of years . The third floor of the Property was irst rented out by the former owners in � 1982 . Mr. Rantner rented this a artment in September 1983, and has resided in the apartment since t en. On December 31, 1987, Mr. Rantne purchased the Property from the prior owners . At that time Mr. Rantne checked Ramsey County property tax records and determined that the roperty is assessed by Ramsey County as a triplex. A truth in sale of h using disclosure report was also prepared at the time of Mr. Rant er's purchase. This report evaluated all three dwelling units and mad no mention of any unlawful use of the Property. In reliance on the truth in sale of housing disclosure report, and Mr. Kantner's research of Ramsey County records, Mr. Kantner proceeded to purchase the Property as a three unit residence. The purchase price of the Property ($117 ,000) was base on the Property's value as a triplex, ; : , 9� , � G�_��,3 D LARKIN, HOFFr1A�. D L� 8c LI�DGRE\. LTD. City of St. Paul Planning Commissi n July 7 , 1989 as assessed by Ramsey County. Fol owing his purchase of the Property Mr. Kantner, who is a carpenter by trade, proceeded to invest several thousand dollars and substantial a ounts of his own time on repairs and modernization of the Property. Hi neighbors have strongly supported and applauded his efforts to upgrade a d improve the Property. In December 1988, as a result of b ilding inspections conducted in connection with Mr. Kantner's impr vements to the Property, an order was issued stating that the buildinq m st conform to the Zoninq Code or be deconverted to meet the Zoninq Cod . This was Mr. Rantner's first knowledge that the building did no conform to the Zoning Code. The building complies in all other res cts with all of the City's Building Codes. The Inspections Department has found Mr. Rantner to be very cooperative in complying with all equirements. Upon receipt of the December, 1988 inspection report, Mr. Rantner attempted to determine how best to obtain approval to continue to occupy the third floor apartment in his h me. He was advised by Planning staff to seek a rezoning. This rezoning was denied by the Planning Commission and City Council on the grounds th t it would constitute a spot zoning. In the course of the proceeding, M'dway Coalition-District 11 recommended that the Property be granted nonco forming use rather than rezoning. The present application is intended to follow up on that recommendation. Section 62 . 102(e) (12) of the Zonin Code provides that the Planning Commission may permit the expansio of a nonconforming use if certain findings are made. The Property i a leqal nonconforming use in the R-4 single family residential zoning d'strict. Mr. Rantner's request is that the Planninq Commission allow the xpansion of this use to include a caretaker's apartment on the third floor. As noted above, the third floor apartment has been in existe ce for some time. This application for a nonconforminq use permit is ade so that the Property can be brought into compliance with the Z ning Code and so that Mr. Rantner can continue to live in his home. Section 62 . 102(e) ( 12) of the Zonin Code sets forth the following five factors for the Planning Commissio to consider in acting on this request: 1 . The expansion is accessory to e principal use and will not result in an expansion of the princip use. ProFosed Findinar: The request is to allow a care ker's apartment on the third floor of the Property. Section 60 .201. . defines "Accessory Use or Accessory" to include, "Residential acco dations for servants or caretakers . " • Z�_' ��3 LARKI\, HOFF�iA:�, ALT �S LIIDGRE�, LTD. City of St. Paul Planninq Commiss 'on July 7, 1989 As a caretaker's apartment, t e third floor apartment in the Property is by definition "accessory t the principal use" and this finding is met. There will not be any "expans 'on of the principal use, " as there �ill be no expansion of either dup ex unit nor any additional space added to the building itself. The hird floor unit was created within the four walls of the buildinq. his portion of the first finding is also met. The third floor apartment has historically been occupied by the caretaker of the Property. M . Kantner has served this function since moving into the apartme t in 1983, as confirmed in the attached affidavit. Mr. Rantner will gree to a condition of the nonconforming use permit that occupancy of the third floor apartment be restricted to the caretake of the Property. 2 . The expansion will allow the ontinuance and improvement of a use which is compatible with the djacent Property and neighborhood. Proposed FindinQ: As noted above, the third flo r apartment has been occupied since 1982 . During these past seve years the Property has proven itself to be fully compatible with t e adjacent residential properties and the neiqhborhood. In fact, M . Rantner's immediate neighbors and , District 11 support the reque t for a nonconforming use permit for the Property. The expansion to allow a care aker's apartment has a direct impact on Mr. Kantner's ability to cont nually improve the Property. Without the rent which the Property n w generates it would not be possible for Mr. Rantner to continue t maintain and improve this very larqe and very old Property. Grant ng the requested permit will allow Mr. Rantner to continue to ma ntain and improve the Property, thus insuring its continued compat bility with the adjacent pro,perty and neighborhood. The required f nding is met. 3 . Off-street parking is provide for the principai use and expansion which meets requirements of S ction 62 . 103 for new structures . ProFosed FindinQ: The site plan submitted shows compliance with all Code requirements for off-street parking. 4 . Notarized petitions signed by two-thirds of the Property owners � within 100 feet of the subjec Property has been obtained. � � ... �t-a%�3 � I.�RK I\, �3l�FF�1A\, �AL1 � L.I\llC:RE�, L.TD. City of St. Paul Planning Commis ion July 7 , 1989 Pronosed Finding: The required petition has be n submitted. 5 . A rezoning would be inapprop iate and result in a spot zoning. Pro,posed Findina: Rezoning of the Property was equested and denied by the Planninq Commission and City Council o the grounds that it would be a spot zoning. Along with this letter Mr. Rantne has submitted the required petition and plans, including a site plan howing the location of off-street parking, and evidence of the acce sory nature of the proposed expansion in the form of his affidavit conf rming his use of the third floor apartment as a caretaker's reside ce. Mr. Rantner is not an absentee la dlord or a speculator in rental properties . He is a carpenter wh purchased this Property with the intent of continuing to reside in the third floor apartment and using the rent generated from the other two units to service his debt and pay for substantial repair and updating i provements to his home. He purchased the property at a value which ref ected the existing three units, after checking the Property tax records and havinq a truth in sale of housing report done. He cannot afford to lose rental income from one of the units in the Property and still m intain and improve the Property. Nor can he afford to move from his on -bedroom apartment on the third floor to the three-bedroom apartment on the first floor or to what would be a five-bedroom apartment on the sec nd and third floors. Most of all, he can not afford to sell the Proper y at the price which it could command as a duplex. Therefore, Mr. Kantner makes this request that the Planning Commission allow him a nonconforming use pe it for an expansion to include a caretaker's apartment. The neces ary findings for the issuance of such a permit are met, and the unique ci cumstances of this Property and this homeowner make the issuance of th permit appropriate. V truly ours, Peter R. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, td. PKB:AXO ...ZZ - � �_�i�3 AFr:D VIT 0= JEFFF�`_' . K.�:tiTNER S.A:'� OF ^".INh�SOTA) lss . CO'�`.'�:' O: .;F��;`a:ti � �e�_rey S . Rar�ner s::�rr,� _s r._�s a�__dav�= _-- ��PPor� of .._s a��;:cat�on �o �:e S* . ?at.:i �� r.ninc Co*r�::iss_�� =o� a no7con�orr..�inc use permit for t e proper�v �oc��ec a� 1600 Enalewood Avenue. Jeffrey S . Kantner, beinc uly sv��o�r., sta�es as foliows : 1 . That he has resided n the tnird f�oo: of the property located at 1800 Engie ood Avenue (the Property) since 1983 . 2 . "'hat c�ring this per� od of tir.;e, ne r,as served as the caretaker of the Property and as occupied the third floor apartment as a caretaker' s res 'dence. 3 . That he agrees to re trict future occupancy of the , : third floor apartment to a car taker's residence if a permit is '- granted for use of the apartme t as such. FURTHER YOUR AFFIANT SAYET NOT. . J f Kantner S;:bscri� beci ar.d sworn to before e th; fs`T' day of � Y , 19 9 Notary u lic �,C� fTON A GllSTAFSON, !R � TARY Pt1B�_M�NNESOTA �'=' RAMSEY COU^1TY � MY itsi�u�f�[plres'4+Q, 18.]990 r PKB:AW9 � � ! �'9�� CONScNT 4F ADJO NING PR�ERTY OWMFRS ue, the undersioned, owners of property wi hin 100 feet cf �$� Q��jj�.J�jOOD acknowledge that we have been furnished wi h a cocy of the a�plicatio f � �� N Tor a spe ial condi*_ion use permi� nonconforr�in us e'��z: ci cie one along witn a?�y relevan site plans, diaarams, or o er ocumentation• ana hat we consent to the approval of t�i applica�ion as it was explained to us by the� a�plicant or his/her representative. LOT 6LOCK ADDITION RECORD 0 ER SIGNATURE OATE O1� S CD av�`�, �o "' �'�'.,�a � �,►�.u,� _ - � 9 " n�rr ao� Y . �"� � �" � r � &t�� ' 6 � 12 '` i?g � 03 (o !� " v� S �_ s. � a �' .��Y � � z � � � � 5 ( 12 � „ �� N � , g � i2 j '' �� +� �� , . �-�- `� (p �o � ..�2, � `` I � 7�8 n� �v , � _S-_ � 1� 12 � „ � v�o� �� i �s . . � 7-S-�s !0 12 i '` � �"^� � 7S0 +J, � ; 1D � IZ " Pl-°Y� 8 � � — � � — — iz� �2 -� 13 i jz N � p��c� Y JSo7 M�NNrti q t9 l 1z �, l.,�A � �� : 0 � �Z " M , � , Z'�'� � >> �� 2 � u � v y N 7—s � � � � ' s-�'�'z �r.N 7-s -8q .� i 1 i I i I ! � �- - . _ +� 2/s� �' �,�_��,3 STA7E OF MINNESOTA) : SS COUl�lTY OF RAMSEY ) �,��'�� j _ �i��"(��beina fir t duly sworn, de�os�s and s=ates tha� he is ��e . person wno circulated the within petiti n and consen�, cons�s:ing oT �_ paoes; �ha� afrian� is inrormed and beiieves that t e parties described are the owner5 res�ectivelv a� the lots placed immediateiy befor� e ch name, that ar�ia,^,: is i��ormea and believes that eacti os the parties described aoov is the owner of prcoer�y which is wit7in 700 fe�t from any proper�y owned or pur haszd by p�tition�r �r soid by pe�iLioner within one (1 ) year orecedino the da== f this peti�ion wni�� is ccntiguous to the prop�rty described in the pe��ion; tha exce�t `or none o` the parties described above has purcnased or is purc�as�ng property `rcm re±itioner contiguous to the above desc ibed property within o�e (1) year of the date oT the petition; that this consent was igned dy each of saic ewners in the presence e: this ar"riant, and that the signatures a e the true and c�rrec� 'gnatures of each and ail of the parties so described. � T C '�--i � �Z� �►G � z�� Adar�ss ---�'�' c ! — ?c��O� Telepnon� PjUii�D°r Subscribe�and �worn t�fo� ' 19�� me i s �' �da or �s�. N Pulc : ;��_„ ,,;_ IFTON A. GItSTAFSON, R. , :\�,�� N�TARY PUBLIC—M}t�"�_SO A � �..- RA.fdSEY COU�`!71' � My Ccmaiss:�n expbes Au�.18,1 �a . Approved as to form - Feb. 85 . P age of Planning Department ... = s� . - � ��_��' SUFFICIEN CHECK SHEET REZONINGS SCUP NCUP PET TIONS . DATE PETITION SUBliITTED: ' �, I O+h ) � � -. DATE OFFICIALLY RECEIVED: J �C� ( �'(� RESUBMITTED PARCEIS ELIGIBLE: ` � PARCEIS ELIGIBLE: PARCELS NEEDED: �� PARCEIS NEEDED: PARCELS SIGNED: �� PARCEIS SIGNED: CHECKED BY: � � ''e�J DATE: �— �I' FS� ��:.��'��l �=�� `��.� �� .. ,'y�a��\f �%� �� j a�(�� . � CITY OF 5/11NT PAUL �° r INTERDE ARTA�IENTAL MEMORAhpL'ht February 2b , 1982 /�; MEMC T0 : Z�ring Entorc ment Siarf � .�. % 7 , FROM : G ' enn Erickso , Zonir.g hdminiscr SUBJECT : GomesLic Empl yee Policy i Henceforth , the fo1 ) o�.� ing pol icy �.� i li be used for determining the maximum number cf residents permittec in a dalel') ing unit , as provided under the definitior of a "fa� ily" in the Zoning Code : If a prcperty oa�ner laims any dor.;es � : c empioyee as a resident , the owne must provide dccumentation that there is a vali employer/employee relationship and ihat the work being performed fa11s alithin the category of a domest c service occupa'tion as listed in the U . S . Departme t of Labor Dictionary of Occu- pational Titles . - G . E . WL/eh c : Jerry Segal Donna McNeally �� . �1�"��'� CITIZEN PAR IC PA IO DI I S . .� ., ; ; ' �\ �` � - ` , .�-,,' Z � , �O ! -' .li � _ � , . si _ � � ; E • � 12� �° , _ � .. <! t,....,.r « .e � � �' ' { � r . . 1 ' ' � � � ]. J I �� • G1E T � S _ 1 `, f ?.' I I i _ ; ( f F .�� y i 'I I � � �y 2 / -1 �ME•+rr dl NF t .. �. � � `� � V « Z � � ✓wf X'� I _ _I _ $ � f � ir � _ s s � � � .-« i 8 4 _ t uY1Y�l. �: lAE �IE ' i.- f 5[�B (� � �t � � � ♦iy� r� �tq 4 11r' t ' S - � �Q 1 V s ' �` ' .f _ +4 ri •`i �L� i � �i S - , �� ` �b.e' � 14 ...��. .F `9 ,,.� -�. �_ � � J7 �� S � ■ � ero'�s � S s � � $ F z 5 � _ ; � � : _ ' _ _ T `��'V� 4 � t : ; Z � i . '� 4 - 'z _ F _ ?-� •� = i- . _ 2 = - - .R '- �.... _ 0.� � . .. . � 15' = i� _ "� � ..•a.. .t . { M . � � :g t�:.r.a a -,� r. lV S \ ' . / _ aJ` T — � . .[ -� � ' . '— � � � � ��EE* CITIZEP� PART CIPATION PLANNIPJG DISTRICTS 1. SUNPAY-B TTLE CREEK-!iIGHW00G 2, HAZEL PA K HAYDEN-PROSPERITY �iEIGHTS HILLCREST 3. tJESi SID 4. DAYTOP�'S LUFF 5. PAYP;E-PI� LEN b. t�ORTH EN 7. TH0�1AS-D LE 8, SUNLMIT-U, IVERSITY 9. :d�ST SEVE JTH 10 11. HAMLINE- I , ANTH �Y 13. MERRIAM ..-LEXINGTOPd HAMLI';c-S��E!LIr;G HAMLINE . 14, GROVFLAN MACALES?�R 15, HIGNLAND 16. SUMMIT HI L --- - - .- ° . 17. DOW'JTOWN . -- , . ld S19 s------� ----� ---� - - s�.:.� . - - ��r - � 9— � i� .� , ,- ---___ , , --------, _� � _ 1 � i �.-�-�,� . —_�_— � '__�___J r�� 1 rra�f rre . � � �\ , r � � ^!� 'i� = s • � V� I `� � � -�i n +:� ,. � w;_ __ ` '1 �_ ��a� `__i�_�� 'r'�' M ft . . IYRL/IflO1I •OI��I�r • • `� ! � f �` /�r� � ��u ' �I , _`�\� _ � _ � � `� � � , � !! , .... \"��.�j -_ ' -��-. � ` � ��` � . .. ' �-I��, : r-- -_�, '----- •: � : ;, - u��:�� - _ s i �. ��' �� I� w�rtrrl t .( �—�'� �—' � L— _ � ..o � i L �� '�^ t 1 ""'. �� 1. I � �I ..r . �rrir[is�ir I�F i �� I �' � � � +u i�, f' �� .1�'_i 5' ' �` � �j ,!!�� _ --� U_ ,�--�—.� �� -- -� O� �� ;�� ] !�!��.--�_--;� �: , „ , ,: , �...,..:� , , _ . ,, � � ; � �L� � r��^!� � - �.. ��C►�'�8�=��, �� =� a �--,� =; ,�: �� , . � �-�� ` , � � �` �; '-��.. � ��T D�J�� . _ _ ��, � I �'.��_ :�a � � � .; � -� . - • ' — ; f. � � � � - � , v� +' '�.� 8e �� .-";�� 1 b C � � � r.•'.� �� ( ,; �' j � � � ��J �� , i� i . i� - i `\� � .�,�i �� , I .,, �J , i , � HAMLINE-MIDWAY DISTRICT 11 � • _ � sa� w , �;'-`a+, �._� s�2 ,��-�_�?��..� Z �r��.�. ��.� IOS/ .. ��• • � � • • • � • � � � �� • • • • N � • • i • • • • • • r �� - ' �.�� A �� , • .� �� . . �. , - � o . �,, . � ' r•� � �i�� . _ � � Ot.� � � �, . . . I . . . . . . . . . , . . . . . . . . . � 0 � �� r 11 •v° °o. � • : : � � , , �� - � � ,- � • • • �� • • �, • • • • • � • • ^ Y � � • • � � -• � •• � � , � � ' 11� . . � . . . . . . • . . , 0 � � . � • . • ,�,� . � �♦� � � • � • • • • Y � • • �� • U • • • Y • • • • � . � • • • �� / / � • � � Q� /� p � • �C • ;� . . . �� . . e . . . . . . . . ' . e . �� . a , ... • � . . • • � r� / V � • �.. 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B r - � . � - ,- , � , � � , � �--- -� � � � � � � � i 0 � = I / I n Z � , �, o � ; � i � __ � 0 ; I ;--��;. i ° i -- _; ' � � � I z , ' i � ! � � � O ' 3 I � � � o � ; � — � � i z - -� --- _._. ____ --__-_ -_ .. 3�_ � ' + �� N :-� . � r �- � � � � a >: (,��r .:�s�. • � '� !\� 1"�i�� J�:l,� ; : ,�j MAY231989� COUNCILMEMBER 5 , � KIKI SONNEM , � - - °� '8-29-23-43-014T 9 10-20100-070-1 i800 ENGLE�IOOD AVE �5 22/29 9517 AM TRP ' YR LAND 6LOG T TAL SALE DATE TYFE CpMF•AkA6LE SAL� . D-OS 89 10200 6240U 7 E00 I1b654 10/87 ND :>TORIES 2-ST SR 108000 4/84 CD :ONDITN AVG 88� 10200 62400 7 604 �F CONST 1890 SQ FT LOT�lDT 60 MkA 107�30 �:ONST FRAME i-STY LOTDFT 176 C05T 43567 kEVSTA7 ::;<T ASBS 1 1/2 l.OTARE 10560 AM NBHDNO A 1'kIMTYP NONE 1 3/4 IAF:E NONE OVFD FACT .900 ;�kIHAREA 2-STY 14:i2 �IVER NO AEF 14197 ,:OOF CV ASPH TOTAL 1452 FUNCOEtS �:OOF SH GAEL R £R £ATH E�SMTTYF 1/2 ECON06S {EAT FA DOkMEk 6SMT ESMTADJ -72b EATCH 805 'ENT AIR NO 2-EXE' LV-1 4 2 1 .00 !JO N4 MODEL APF'L :1AS FP 1 3-EXP 450 LV-2 4 2 2 .00 GAf.TYF'E DET 12/21/88 'ET FF LEVDEV LV-3 2 1 .75 NO CAf.S 2 f:E BSMTFN LV-4 GAFtAkEA A84 04/23%84 NCL PCH 200 �� TlA 3354 xx TOTL 0 � 2.75 GAkYRELT 190U H �_iFSCRPCH MISC 19 2ND I:IT 100 1000 COMMENTS ;ECK l�b MISC .=00L PkMT . . r . . � . . . - � _' �_ . . 3 _ . �X....�� . � , ��m: .._Cel F AF 4�Ql�Itt� IlIc�!OSLt�F FPORT ,rri 0(/�p� Ol � • � t�TICE: �► � y of tl�i� Report aust De publicly displayed at :he pr�aisss �h� the house is �hovr. to craspeetiv� buysrs, as� • eopy oi this • Rep t must De providsd to tAs Duyer prior to tA� ts� of sa:e (Bu er's siQnin� ot Purcnass ;,�recmeat). TM��°�� ADDRESS 0 EVALL'ATE� DWELLING: f�04 EnL�«a/oe�I OWNER'S ` °"� owxEx�s Dt�ss: .?/ya LISTING A AAiD AGENCY: St,t N0. OF LLING UNZTS: �E'�a�_�RNDOlSINIUM� TOIJlJHOL'SE_ OTriE CO?4'�NTS: IS REPORT: 1 is intanded to psovlde basic icforoatioa to tLe 6ome Duyer and s�ils: yrios to thc t3se of sala. Th� �eport rill NOT be used by the Building Inspectioa . and De�ijn D vision os the Health Division ai a Dasis for eaforeing any St. Yaul Ordinanes. o for purposes of sequiriag repaira by ihe seller or t�e buyer. lliaiaia ��nd��i��g thia Aeport are a� containcd in the St. Paul Housing !lainteaan�e Code 2 oowss ooly th� it�es list�d oa tb� ioxs �nd doas aot eovss �P�i te . `:, ot.aery i ssibL az�u. eoae�al�d ita�s. or �ay it�s vA1eA ssQuir �wt�alast� ptop�=ly �v ua:a t2uis eondieion. �lso, Nia A�port do�� not n4�r co 14�� • tuacanq plant di:ris+9 tt� em-hutinq •��sm. aor to asc a LCdar to oLaut� th� axt�zioz conditioa o! !h� zoo1. 1T�'��use ussiul lif� inas�y Saws eoP�< tb� tia� of tb� insP�c2loa. aad do�s not iaF Y in t� !V t. S is �a1in far ms y�+s tz� � d+L it is 1ssu�d, aad �lq !or tb abo� aatiE orasr tos a sia91� sal�. ,�: , � � aball b� ns�d oaly fo� �ata-Ss-Sals of eousinq In�p�ctians rltait ft. Daal. �nd Y !os �ni�tia9 s�sid�ntial m+its. . . • . �".f ."�or eo�a�ia units -we is. t s p�ct on n tonl� eLo�e ts�s loeated vittiin tM res ntial units and doe� not ineluds tbe eo�a ? luss assas, or the non-r�sideatlal usas of the stsuctuse• Mosc eondodsi�a aed i1 �u� buil / �ust La�s a Ctrtifieate oi OeeupansY 1��usd by tba City. Eu7ass �nd aelleri ss ancouras�d to cLeck Cit7 requirsaents. C�ztificst�s are issued b7 tLe Ds rtaant .f_Yise aud SafetY Sesvlcss. T�1aSDone lio. 228-6230)_ ------ HO OWNiR/A6ENT I, T}ff OWNER OR AGEN: �T THE 0'�R, DECi.ARE T'HAT AS OF :�iZS �y � �RE (pRE) (ARE N0�') CODE �ICLATION ORDERS PENDI*IG ON Tii S PROPER:'Y FRu'i THE D'+V:SION OF HOUSING AND HUILDIN6 COD� EN ORCF1iEI�?, �n 0='HER �=^=' n"=hCIES, IN TH= Ci:'Y OF SAIi^. ?3._. � • �.�. �o ,Y� Iv:. • js =� �ee � �� a S�0 THf ABOVE DEC'.ARAi:Oti Ii� BE SIGtiE.D, THE PURC1iA5ER !'.AY CO�TA:: � __' OF ALTH. HO(iSING StiSPEC?IO2: SEC'fl0h FOR HOL'SI2:G VIOI.A:I�\5, IF 11`.':'. TII. HDNE NU!ffiERS 292-7771. 25�-7i12 OR 292-1i73. ?L°_ EVA:.i:n:Crt f�f:5 L?:nb:.: ... �3:F.iN TY.E S�G:iA:"�..� .� .� a�- � OW7�R/f1�L1�.. r A'v� - "o\A.-.,_ ...�. _ � ��+'!'r'� � 33-._6� : 3l81 Rev �� yx tor weh ier. I! aa sw u sm-�sl�e�nt. asd a� �et rqoir� � tA� pM• rslt • - seso�a t!� tear pos�s. It�Y'elre�ad t�WXlf'llliti. wt �Lia�A m�r G��la p�seliw►c L!r a�r Lwil� . �� u li a�e�•�asY. ��t b� �asR� !or ter tarsa te M ft� 1C tM �NlW sa1�ly ot i1� eee+�asi+• :�/��i � ON71CG�?713S.L �1Z�1m005 �l �O1 �� iTO1 � C�?fl�T: o� � / �� r��F Ww�f t.+//w��i. 1. staus s aandr� / �,/ J �� 2. iLa Cooditim ; ��r� ''� I.�+►�r ti(rlea'�r''�'�c �' .I�j 3. toundacson Condi on {Sf�r/s�'7 °� w•rl�1 �l.o�. �. Lvad�ne� of Dat sa: �O S C�� e.3f � ��{iw� !� L.rl�edsC S. iisst� 11��r• T1� r 5 st�m � 6. coll�fs ,�oisl�- '� �...sc S•w►! ed tLvr L.. 7. D��/ �r. /IfTy � !�� /11�C /0�� Nn� �VIOO �� e. $1N uo� / � 9. Oth�z St� C to es . Cod� 7�f0 1��IISQL slST�1S ! �ic�so�via: AriPS: i /�• VOLTS: �re sq� / / S[vur e•nwl�� C G ti t10O /O. �I�li/r7� /1/JOt�1�007f. u: cmascun e= si. � Ms��, k w��l N, v�s6�� .:.slv�o�f/�� Outl�ts i ri=t s in Gllu uaa 12. Oth�s itu� ass t to es . Cod� �l►TD1G ' b. ot Na fystasi 7 �, 13. 'lhro� ot frit+ �r , �y . Main 11uu f tai� �_�— _3._ !bt 1ht�s� oi1 "' � � u•e._ .,..x�. Oth�s �� 1�. -tu llant talLtion �S s�� ,�{ ltS� Lq/(!t � 15. !�a Plaot atim �. ��.scnl� C�Nr ir1 �ie.'. I�/�fr�' I�'� 16. �btutim V�a f te 17. d Sal� tsola Pswi� �+eCe7�t dA►r�. � ssr'�.ss�s 18. Otb�r 14�� t�to'Ls . Code AVXIL211RY iR7►T 19. �usi11 B�at talLtion 20. �n�ilias7 9�at sacion 21. C�bo�tioa 9�f S !ts 22. R�4�s�d 8af� oatrols Yrovidedx Tet� PLtIl�I11G' /�o��aiY CA�/CV-w�V�l��f 23. 1WL i V�DL � 3{. Tloor Drain i �t/j{ 4/S/�/Q u. lusa cl�asoat t IArxs . ]6. �lt�b ! 2T. qt� t ,t. Mae�r lipiiq tad ta tad 71sw� � o: O�th:i�t...�ul t w . Cod. ,vo s�r�V:i�I�ll� �j�t��[/�GIJ a�t : ar�n �►sZit =l E.�� ti l•�r�. /e+r�',il. _ . I.astallatian 12. ��. 3 , V�n o! 1latas t�at�r 3 . irpas�tns� tts� 11�11�! oaln Dii • ti C�rvrd� S �to T vi.S�W r -�de 1 t a 4�o�s� � 00 F ��'�'� Addra.. ut su.il a+c. Fv.lua . -3� faqe 2 ot { � �� a� �� . � , � . — . 6a.a�uao ot s c.slsaq • , �►. <�+�r.�i� �A.s r� s e, x. omaissee ef :oe: - s al oe.es. ]7. Lrid�oe� o! s1 t�s iMpaq� o � t�� 7�. tLc•sse oucl ca or. ixessr�s �f. tliab �0. tiatas Tlov �a �r ?i u� �1. Yiadov S s� t 1� 71r�a 1 � u. �ti�, � � � �t W,�„ y� �.,�,� 6y�f s��. aa. e... oanc u . coa. N. CaMitim e! s Giliaq - � �� L�r�rc.�� /��I' ti tS. Cesdltl� ! � A a c es �i. ot ra s.•paq� or flainin : 7u �7. e Oa � os listns�s as. �taew s s. s • as.a / /� � / as. eonet a► : uoe er rtneew (/�!✓�e a`.�s s�'r k s r/1 S0. Osh�s em waeit to s� . Cod� ta�.:s s si. Ce�6ltlaa e[ •, ! i fLit� • _ �• �i ZO �! LOO!! �s�. « � a� , .s t � � ss. eoeasetaa et s c.tlseq - i t -�- 3S. Cmdltlm et ! oz - itsveaissl ; C�otints 1 S as+lous 3i. ivid�oe� ot w iNp�q� l� ez : Tu 37. il�etsie oneL os i zs,ur�� // • S�. Tl� ? e Jg Ti�Kr �eopE'. D9. weas llar lat !i �0. 111eaw lia� s O �eabl� �� os nl CYAaa�t il. Ce�eitsm i stian oi � . U�,�`� �p o�[n. s oc�we eal ncli.o.t i2. trr t ta Cod� �"t� / / � �wa. ca:ass.�o. a asisa,• ' 3 ' � oK(y •{��t to vlU,J cfs7fPr s _ . a6. coomcie. es r — lo oa� . s c. K. MB�es� oi �h [ i� T« i7. es i et�� t ' N. oe i cim ot xiado� �IM'ssrly ?��<A'ds �u��4or.�s S�`� T0. t eo . ^� T=. melo��d 1ore�s i OlE�s Dloat: u �s.,• t t.. ao •.�r s»►c - Caadiclm os !mo �oazds s �at-.�:: 77, ivid�ne� ot rtace SMO •: Tes V T�, v�at.lation oi 1► tie Soau: !ea X 7S. Ll�et=ieal Mirss i ilsti:sa� 1f. Ot��r it�ms uxs t to 9a . Co� QO /I- �0-j7 G addr��s ot ldio5 :+� alua z f -�S /✓7 7 ��11 Paq• 3 ... . �` ,` �� - �� . � �: � �,. � ..� �o. • e � u. . u. tl�etste '.� or + � U, s e wsen. N. dlra 1 � �S. t e O Gntt�s i Owns u �6. iatsane� Ooa a ��. Otlf�z it�as ussuane to 8s . Cod� QAaGt N, flrnetmal i tstasios Geeditim �9. Co�r�ar Cee m !0. � es 11. L en O il�etr C Ifls 92. Otl�r uant te L . Cod� I?�ORTAlIT NO'IICE 1. >11 �Sa`1• faaily re�ideoces in t. a �uat ve at laa�t one �soke dateetor conaset�d t6e eleetrieal •yite�. TAe deteecor su�t be loeated near the •leeping roo�s. �o sore infonation call 228-6230 (Flre Depart�ent. Piza Prevention Divisio� 2. �ny how• ilt befor� 1979 aay Lave rainleader• eonnect�d to tLe sanitary sewr �yste�. �1 rainleadeis connseted to cDe sanl[ary •ewer •yttee �u�t De disconaected sitas Laee er 31, 1987, unless • variaaee has peen �zanted. For �ore infonation tsll 298-5 1 (PuDlic liorks. Sevez DivSsion). 3. �ay howe ilt before 1950 �ay have lead paint 1a/on St. If ehildzsn eat laad • paint. tbe caa be poison�d. For �ose iafonation eall 292-7746 (Divislon of Hcalth) SAFE�Y t ENERSY I�IfORMATION s�►rs�r aa�oAw►rz �� 93. D�ad blt ks 94, seolu D�e� rs pr�s�ni 95. S�olu D� rl Loeaud t1oTLi inal tos aot s�sP�s� ios suttoq � D�t�etoss. tit tio ti� ~� � L� . - , ,_ :, , �� R � ,� _. � � �� ,�. � � .� � ,,. � ,.. m _ -- �- • -- ---��. � m.�.� _ �i. � � ,�. a, io2. s — ros. s ,ios. Yos:-�v , rAtLPi,iCLe !LS � ot !ir�olaeu: 106. tiooal 1C'f. La s 1Gi. .9issbl� tion �►eu taLl� Z. 1�r1C8Y CLRTIlY :^l� 71sCVE AEPCR? :.5 YAZ �1 COl�LUNQ YITIi 19L 32. P710L ROCSa�G CDw° C871Fr�� 3�. �DTD . T Z tlAl� (.:^.ZZED :7ff QRL 71N7 DZS.SGLNC�. a.F.715CD171SI.L AlID Ol{DDUIRY. !'OA ,y�r':�,VG 'PFff CLR?: IG::C:I 5�'A.ti'''JARDS PRESQL:BC !Y C'�1PTER 1l9, I N71VL F04ND 1IG i`15'-71YCE5 CF D1CN-CS�L:11DiCE WI 27� ;:'£S L25^ED 118GVE I�5 CF' :'!�T DATS' OF TH25 ° IC:, E:tC':P? :'li�SE CLSSCJi71�1 BEAEIl1 � \ \ , addz��o! Suild - ^ Da %valuatoz'• 51qa+tur� tb°°� + Faq� � �f � �� .�.;..�..► ':. ' �/�./ .. ,s. �`� u « rr� • ao�os . . Ce�i1w �t u s . u �� +► u. ov.aua. at lors • � oa�n �7. ividMe� ef 1 sas fwp�q� Tu ��. C 011 f1 Ot iX�1S�1 7f. � �0. tae elov �a ti +1. Mlader • s� i 1� + u. a o oe� er yse,aor: u. oce.: s... eo . coa. ttvaic i � / a�. a�ais�,m a - Jl 'Y�(C'r�c� ylas�'L'i�. a�. av.aissv � : 1 ee K. � e� t t�r f�pa4� : T�s 70 sT. e os N. 11 ev s� s D � a �!. COedi oe i tSm oi 11 S0. Oth�s t� na t to . Co� s•�.� s S1•. Ca�dities eL r t s i3. t�j e as _ i7. ��essi�l r s � .� et 1 . OO�t1tS0�ed i ! ss. eoNSesm ot : — se:votn:.l eoavoe�nts 10 s ons S6. Md�ea� o! 11a �t M�p�q� aa i � 2� !o 37. OoW s St. !1 i!. wsas IS .�. .�.u.. . .s.. k . � �.t �. � . a L i2. t Ced� i3. • / / • i�. tLs a[ a � y� �rsc/{�/ltlT�/ t� �S. f1CC ! � x f 1 m M. Md�se� e! ! [ lNp�9� Td t7. N. �9. i Ot T0. t !o Cod� T_. taeloMd fOt i OthsT lo��: St 'it�• t T�s 30 -I.:SG SP� 72. Goeditim e1 t loasds i Aal:ezs 7�. lrid�ne� o! rs es SNZ �: ! t 7a, v�atzlatloa o! AtLe Sou�: Tea 5 7S. Ll�c.sieal rlr i ?iztaz�a 76. Otd�s itass � aant to 8s . Co�a � I�'.jd'� idds��t oi �.disq Dau Eval z I �� f�y. Paq• 3 ot G � J �S� ;�;,. . ....� . :. 3��c°n°: s � �� k' � � ,. . eu . os iztus�s ",�q. i ! A s q��• r�j, Ot C i ts ��6. �7. t� uant to . Cou QJI�Gt ' , u. s � oz tioa �!. #ee! � Cadl m f0. • o !1. e r f]. t te . Cod� � I�OZS�1R I10'fICE 1. �11 sit�l� � rssid�ne�� ia t. a awt v� at leaac on� ooka dececto: eona�ct�d s tL� electrical qst�a. ibe dsteetor �wt be locat�d n�ar Lhe slee::s; soaa�. lor r� iafor�ation call 228-6230 (Pire Deparc�eat. Fise Psevention D:s��:�c. 2. Aay how� b t befosc 1979 �+y hsve sainleadsr� conaected to che s�nita:. seve: •p•tas. All aialaaders eonnected to Lhe �aaitary �ever •yscem �ust be liicaoac:x ait�r Decs�D r 31 1987, unleas s varlaace has been azaated. For �ore Sa::raai:.-r. tall 298-542 (Pu�lic ilosiu, Ssvet DSvL1on). 3. �ny house bu lt Defore 1950 �ay have lead paint !a/on it. If childrec sa: lea' • pt3nt, they an De poison�d. Foz �ore iafos�ation call 292-7766 (Division af iu:'._ SAFETY t ENER6Y INFORMATION _ _- {�,� �y� �t�►re��arrosx�►rsox 93. D�ad lolt 9�. Sso1u D�t� Ps�a�nt 9S. fsolu D� sl Loeaud MOTL� Etiralns not s��poe►siDl� !os tuting �eks t�etosa. �t �s tit ti� � � R �" �11 ,g t�' �L�GY Ixl01001'fI� P � `�ti�� ' �t � � 96. a► � 97. !�. m 99. fleazs Ohr Ld s 100. 101. Ri� JO si tion ' io2. scoa - 1D]. fqa 11 10�. ' 1pS. N !�l�L1Ct� t!S • o! � lac�s: 106. m+l - 1C�. t laes lp�, v i,bl� m 1►ea ubl� 2� ��L QATI!! S� 71�QVC 1{EPOlI? SS M71� ai COlQLLNQ 1fI?A 2g SS. YI�C 3TSS.. �. CR7IFTLR �S, aDTO I 871N�' OTL'S�ED T!� GRL AlID DII.IG�1�. RF�153N718t� allD CF�31RZ. T..ti �lEE:D1G :'� CLR':ZF ::.r»V STANDAADS FRESCASDED !Y C�PTEA 189. � 8AVL !0� � �SJ►ti�: � �iCN-C�Z.I�EiCL W S� ::"L`LS LIS�'••D J180VE h5 OF :'SiE DAT=' OF S!L'S 1Lf'PC�, EXC_": 4`- DISIG1A2S9 HERL21i. �y\�. , , �. � � - addr�sa oi Duild . Lau svaluacoz'� Sirnars� Maa • Fa_• a :: • : -- , � -3� � , .�'! �.5� ♦ ��- � � � � /'�� :r . ��' �. ��. � a.. .�� .t Z'!'d • C�NO'[ \ � �� s'. . C�ittts tl�3.i a C�ilta� - + i�. C1�it3/� �! �3MS • . � we � �7. � ol s�r t�P�M� o Lu 3�. e or s 7!. f iab - .�0.. 11�4i Or i i 1 �•i2'. •111s►dOr /�s� t 11if� {2. oa i. e! riadws {.1. ta to . Cad� i N. ooadit�Ls tiali s c+tlse� - � �. Owiitl�s st�aetaeal / •�. � ..� s.�vw• � s�r�� Ly s� /y� .�,.��y as s n � q.� e v ar siseusss ... Y. • ev s ar.a a. tl,m e! �iado� S0. c co es . Cod. . :�Co�lisi�oe }Ol��' : teas.s+.a X �!� �d 9t�ll� O�/lr��' /q CAi�+(f'. S�t•�l vu' Idiw are.�s ��3�. co rloor, LY — s�.- s . gz�,v f,;/ �rq«/ii.( . . � .• � ' . . eaptaa. � k _, _ ..' afsoeeat.l *+ SS. Coedltioa [ ilooe � ftsoetusal o�eon.no loas .r.sau e,�3i. Mda4Ci. �it�i f�9�-+ ee f � Ta S7. tl�ets e e� os � S�. f tab sats�� '. w.e.s rien saz r {0. 'RSa80r i a Oy�e�bl� �s�a • eal Oduo�t �1. � , tlaa �s� �t . s=. e:°d' - . t . s�. ' �s. esa. • X ss. cnedieu. neer— fi. Md�ea� M�r sMirO� � TM t i7. ' N. t i �. � p�N`{ QIE1Q. N. s .. �70. t ta . Cod� ' T_': IIfeloN3' Os�s i Otl+�s loat s u ..- oo�.at � :.. ab � .arZe ss�. � - . , , �Z-7L • Ne �ttsa��tc� ,rra�7�•`5�►' �so • 2. Ca+ditim �eot loasds a llalt�zs � '� • 7�. tvid�nn rataz sN •: T '� �oeeC�1 �r s�' "r � 7�. V�at�Lt ei AeL•e Seae�: Tea �e TS. ilKLT1A MSS i Tist�s�t �i. Otl��! uaai � 3a . Co2a .�' , . . .`. GIO � °o= Z" O' �dds�ss o1 � ; �au Lval s � � 3��/�w+S/Oy► D�q� 7 0: : , . - - i is�a � aowe:r , �j C�.«� .wwr�{r sivtr.� ` 7�. 7� �l! �9��,r/. + r�. .�. «� ' �� 3 u. , � sl. si�i yG. , �/ u. il�etrse �uu t ez ri:tur.. ` ��. /tai��ys� it • s toseM� . � � i{. f iks tS. t on ot utt�rs i Oovns ucs K. Lntsane� Ooor •7. �ih�t itass suant to Ns . Gote Nftsoctmal i lor Wndition fr�Z Gsii�j! �et/�IO ��l�/��6�� N. Condi m ; 1 �0. • fl. tiaa� o! �etsie Miz !2. oel�z t� nant to . Cod� - I?�OY2�8T 110TICE 1. �11 �in�le f ily rc�idence• in t. a �ust ve at laa�t oae s�oke deteetor eonneetsd to the electrieal sysces. 2he d�t�etor �ust De located aear the sleeping rooas. Por re inforaation call 228-6230 (Pire Departaeac. Fite Pzeveatlon Divlaion• 2. Aay house bu lt before 1979 my havc rainlead�rs eonaseted to tAe aaaltary •evez s stea. All ainleaders connected to tne •anitary sever syctem eust be di�coaaeeted a�ter Lecemb z 31. 198J. unleas a va:iaaee bas Dsen `ranced. For �ore lnfor�ation csll 298-542 (Publie Works, Sever D3vlsion). 3. 11ay howe bu lt before 1950 eay have ?e�d paint in/on !t. If children eat l�ad paint, they an be polsoned. For aore infosmation eall 292-7746 (Diviiion of flealth) SAFEtY t El�RSY INFORMATION s�rsrz zxro�►rtorr +�'� `�� 93. �ad lolt s 9i.�t S. ' ' . Or.�r es+, 94. Smolu D�Lt s Prss�nt 9� � 95. Seo�u D�t�e s rl Loeat�d B 6ete�d �'�ppy�. ��/ ��7 110a� ivalna z eot z�ipcu►sibl� !or t�scsaq �/ �Gp.�. fmok� t�etozs. �O �O 4 tid � � � R �� .* � .- �no►tsa� � � ��ti� no► � yp � �. !�. � �T. !1 s�, um __ �, c.a s . luo. t a► Iasuiscion - - - 101. 1lla J t tion 102. itoss 107. scoa ri:,dors ' 104. A►�fC�t'- �os. y rn�rr,acs� nc • ot - Dl.�.:: �e6. Ltr t�„�,..r. ��s.N.' �fvF�irl �� io6. � �c�. �.�. nE�f+r/�r 1Da. viasbl• Condi m: 1►eee eabl. A�-t�r s.b i Z, ��Y CsAT2lY 'T� 11sCVE REPOA2 :S 1G�."C �1 COl�LZal'10E IRTR 18E S?. P11CL �QSaCG C^�e. C871F?L�l 31, �D1D SPa Z 811VS U?L'I3D :!� Giit �1l1C DB.IGt�I�. REASCN71a1.L �ND O!.^.IIiJ1A7f. !Wt �'.�,.IG :'SL QRSZFI 'ZC.Y 5':71NIIARDS PRES'T�:_ DY CSAPT�'A :89. I HJ1VE !'OLT1p 11G I'.'t5':11Di�5 �i 11CN-C:.'4L�iCE YZ:'H :'� Z:'�LS LISED ABCVE 7iS �'.T '"}� �:A:'S OF :'S25 °NA:, EXG�P': �iGSi DL52�171SF' HEAEZN. •� � . -/ �—' d✓I�O� �l 3d�Q7 ��f � Addz�as oi Hui d' :au :valua z's :qnaru• P�ow • • taq� { nt � -. -. � �V� � +.. . _ . -- ----- - ti � � � � \ .5�.��`�� ,.�� ,. / ` �� E . '✓ / ` , �, � � `)�� RESO UTION - N � -g �i� �- �� R-,��.,� -- CITY OF AINT PAUL �" '�' CITY OUNCIL \D 1� � ^`� f% OCTOBER 19 , 19 8 9 � , ��,$ WHEREAS, Jeffrey Kantner, Fi e No. : 10519, has applied for�--'-- nonconforming use permit under S ction 62 . 102(e) (12) of the St. Paul Legislative Code, for the p rpose of allowing a caretaker's apartment on the third floor of existing duplex located at 1800 Englewood Avenue, legally descri d as Lot 7, Block 12, College Place West Division; and WHEREAS, the Saint Paul City ouncil makes the following findings of fact: 1. The property at 1800 En ewood Avenue (the Property) is a legal duplex with two la ge units on the first and second floors . 2 . The third floor of the P operty consists of a smaller apartment of approximate y 800 square feet. 3 . The Property is approxim tely 100 years old and due to its large size and age has e ception maintenance costs and requirements . 4 . The third floor apartmen has been occupied since 1983 by Jeffrey Kantner. In 198 Mr. Kantner purchased the Property. Throughout hi residence in the third floor apartment on the Propert Mr. Rantner has served as the caretaker of the Propert responsible for maintenance, improvements, etc. 5 . The Property is located n the R-4 zoning district. Section 60.412 of the Ci y of Saint Paul Zoning Code allows accessory uses, a defined in Section 60 .201 of the Code, as principal uses ermitted in the R-4 district. Section 60.201 of the Zo ing Code defines accessory uses to include residential a commodations for caretakers . 6 . Mr. Kantner's third floo apartment is a caretaker's apartment and is permitt d by the St. Paul Zoning Code, provided that it remains a caretaker's apartment only. 7 . The caretaker's apartmen is accessory to the principal use of the Property as a duplex and will not result in an expansion of the princip 1 use. . - ��,�� 8 . The testimony of many nei hbors and Midway Coalition - District 11 i that the Property with the caretaker's apartment is ully compatible with adjacent residential properties a the neighborhood. 9 . The caretaker's apartment allows for the continuance and improvement of the princi al use of the Property as a duplex and is compatible ith adjacent properties and the neighborhood. 10 . The caretaker's apartment does not increase density either as a legal matter or a p ctical matter because: a. The Property will re ain a legal duplex only; � b. The Property will co tinue to have the same number of units that it has ha since 1982 or earlier. 11 . Without the caretaker's a artment the Property will not be able to bear the costs of the extraordinary maintenance which such an old and lar e structure requires, and will inevitably deteriorate an become less compatible with adjacent properties and t e neighborhood. 12 . Granting the requested pe it will allow Mr. Kantner to continue to maintain and 'mprove the Property, thus ensuring its continued co patibility with the adjacent properties and neighborho d. 13 . Surrounding properties in lude an existing triplex on the east end of the block; an 11 unit apartment building two lots away on the west end of the block; and a number of duplexes throughout the n ighborhood, including one next door to the Property. 14 . Off-street parking is pro ided which meets the requirements of Section 6 . 103 of the ordinance. 15 . Notarized petitions signe by two thirds of the property owners within 100 feet of the subject Property have been obtained. 16 . Rezoning of the Property ould be inappropriate and result in a spot zoning. 17 . Granting the nonconformin use permit will not constitute a precedent because of th unique circumstances involved in Mr. Kantner's situatio , as set forth in findings 1 - 17, and including: ° Mr. Kantner has occu ied the third floor apartment in the Property as the aretaker for over six years . 2 . � • �-�,�� ° During this period of time there has been no adverse impact on any surr unding property owner or the neighborhood. In act, Mr. Kantner's occupancy of the third floor un't as a caretaker has been directly responsible for si nificant improvements in the condition of the P operty and its compatibility with surrounding homes . ° When Mr. Kantner p rchased the Property in 1987 Ramsey County tax ecords listed and taxed the Property as a trip ex. ° The truth in sale f housing report which was prepared when Mr. antner purchased the Property did not indicate any p oblem with occupancy of the third unit. ° The City of St. Pa 1 has identified the Property as a multiple dwelling or the purposes of storm sewer system charges . ° The unique charact r of the Property, which is much older and larger t an surrounding properties and has extraordinary main enance needs to keep it compatible with and an asset o the surrounding neighborhood. ° The hardship which would be imposed on Mr. Rantner if he were not allowe to continue living in the home which he has resid d in and worked on since 1983 . ° The hardship which would be imposed on Mr. Kantner if he were required t sell the Property as a duplex after having purch sed it as a triplex in reliance on City and County re ords. NOW, THEREFORE, BE IT RESOLV D by the City Council of the City of Saint Paul that a nonconformi g use permit to allow the use of the third floor unit on the Prop rty located at 1800 Englewood Avenue as a caretaker's apartmen be granted, subject to the requirement that the use of this third floor apartment be and permanently remain as a caretake 's apartment. PKB:EY2s �1-�'�� j i . DECLARATION OF RES RICTIVE COVENANT THIS DECLARATION is made this day of , 1989, by JEFFREY S . KANTNER, a si le individual, ( "Declarant") , with reference to the following fa ts and circumstances: Declarant is the owner in fee imple of real property located in the City of St. Paul ( "City ') , Ramsey County, Minnesota, legally described as Lot 7 , B1 ck 12, College Place West Division ( "Subject Property") . Declarant has sought a nonconforming use permit from ity to permit his continued occupancy of the third floor o the Subject Property as a caretaker's apartment. City r cognizes that Declarant is the caretaker of the Subject Prope ty but is concerned about the precedential impact of grantin a nonconforming use permit that would apply to future occupant of the third floor of the Subject Property. NOW, THEREFORE, in considerati n of the foregoing facts and circumstances, Declarant makes the following Declaration: 1. The Subject Property shal hereafter be held and convey,ed subject to the f llowing restriction: If and when title to the Subject Property is transferred from Dec arant to any other person or entity, the third fl or apartment in the Subject Property shall no lo ger be a legal nonconforming use, and the permitt d use of the Subject Property shall rever to no more than two dwelling units . 2 . This covenant shall apply to and bind each and every owner of the Subject Prop rty, and their respective personal representatives, heirs, successors and assigns, and shall operat as a covenant passing with the title to the Subject roperty and any part thereof. 3 . The covenant and restrict on contained in this Declaration shall be enfo ceable by City by an action for injunctive relief, pr hibitive or mandatory, to prevent breach of or to e force performance or observance of this covena t. 4 . Failure by City to enforc the covenant contained in this Declaration upon the violation thereof shall in no event be deemed �o be waiver of the right to do so. ��_��,�� 5 . The covenant and restri tion contained in this . Declaration is imposed pon the Subject Property as a servitude in favor of t e fee owners of the following described properties, f r their benefit, and shall not be released without the'r written consent: a) Lot 6 , Block 12, C llege Place West Division; b) Lot 8, Block 12 , C llege Place West Division. 6 . Invalidation of any of he terms and conditions of this Declaration, wheth r by court order or otherwise, shall in no way affect ny of the other terms and conditions, which shall remain in full force and effect. IN WITNESS WHEREOF, Declaran has caused this Declaration to be executed as of the day and year first above written. Jeffrey . Kantner STATE OF MINNESOTA ss . COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of , 1989, y Jeffrey S. Kantner. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Cent r 7900 Xerxes Avenue South Bloomington, Minnesota 55431 2 . PKB:EZ8s WHAT lS TH/S STORM SEWEH S STEM�CNARGE FORI �' � - �`'/ � �- This is your fourth•year cliarge for the riew stam s s Saint Paul PuWic Woiks is buildinp as part ol ils I Cornbined Street and Sewer Program. Puhlic Works is ilding them because 1985 State and Federal leyislation requires an accelerated building program to protect wa�er a!ity in ax community. HOW MUCH /S EVERYONE CHAR ED7 Almost 15% af Saint Paul properties are cha►ged ti,e b sic Residen�ial (C) iate, S32 00 e year. Ra�es vary lor other properties based on Ihe average amount ol sta ater nmoll similar poper�ies produce, and the sire of lhe property. Your rate is on the Rates Chart betmv Pro�eriies not in tl�c "C" a 'U" Use Class may seek review of_this charge by liling a written request wi�h he PuMic Waks Sewer Engineer, 700 Cily Nall Annex, Saint Paul, MN 55102 witfiin 30 days o( tliis mailing 1 �ou need more iniormalion cell 296-6005. use TES CHART Class Kind o/ P�vper y Rete � A Cemeteries. Gdl cour es, Pa�ks, Unimproved vacam SAI NT PAU L lar�), and Resid tial land in excess of 1/3 aae.......S52 per acie PUBLIC W'ORICS B Railroad land ...... ................................ S2U0 per acie , �C Residential, One-and -family Homes (l0 1/3 a�ie) ......S32 per p�operty � � D Condominiums and To homes ...........................S20 pr.r p�operty � E Schools and Canmuni y cente�S ...................:.... 5290 per acre � ; +� F Mulliple dwellings: Re igious buildings: Govt. buildinps ..... 5388 per acie �" . i G Commercial and Indus rial land; Paiking lots.............. 5525 per acre ID number. 2 8-2 9-3 4-014 7 I FIRS7 CLASS i I PRESORTED Property: 1800 ENGLEWOOD AVE I MAIL U.S.POSTAGE Land Area: 0 . 2 4 2 4 2 4 A C R E y PA`�� +� Use Class: F t CITY OF ST.PAUL .,,� Total Amt: $9 4 . 0 0 `�° . �, I(I�III IIIIII IIII IIII IIIIIIII III IIIII IIIII IIII IIII ( - ---- tear here - --- -� . This charge will appear on your property tax statement payable in 1990 (without penalty or ,� ,►. ,► * C A R—R T 50 R T ** C R 01 interest) unless you prefer to pay it directly to �EFFREY S KANTNER us before October 1, 1989. If so, tear off the � g00 ENGLEWOOD AVE corner above and mail it with S T P A U L MN 5 510 4-1 1 1 7 your check for the total amount (payable to City of Saint Paul� to: �� '� b ...� - CITY OF SAINT PAUL-SSSC 218 CITY HALL �' � ;; SAINT PAUL MN 55102 �' �-��6 � JAMES R LARNIN DAVID J.PEAT ROBERT L.MOFFMAN LAAKIN, HOFFMAN, DA 8C LINDGBEN, LTD• MICHAEI T.MCNIM JAGN F DALV CHAALES R.WEAVER D.1(ENNETH LINDdREN HERMAN L.TI�LLE WENOEII F.ANDERSON ATTO R N E Y 5 AT LA W VINCENT G.ELLA 6ERALD H,FRIEDELL ANDREW J.MITCHELL ALLAN E.MULl10AN JOHN A.COTTER^ ROBERT J.HENNE35EY BEATRICE A.ROTHWEILER �nrnes c.caicnsoN � I500 NORTHWESTERN FINANCIAL CENTE 2000 PIPER JAFFRAY TOWER PAUL B.PLUNNETT EOWARD J.ORI3COLL ALAN L KILDOW JAME3 P.MILEY 7JOO XERXES AVENUE SOUTH ZZZ SOUTH NINTH STREET KAtHLEEN M.PICOTTE NEWMAN GENE N.FULLER MICHAEI B.LEBARON DAVID C.$ELLEROREN BLOOMINGTON,MINNESOTA 55431 MINNEAPOL15,MINNESOTA 55402 FR<.NCIS E.GIBERSON RICHARO J.NEENAN TRACY R.EICHHORN-HICKS^ JONN D.FVLLMER TELEPHONE 16121 835-3800 TELEPHONE 16121 338-6610 AMV DARR GRADV ROBERT E.BOYLE CATHERINE BARNETT WIl50N' FRANN I.HAqVEY FAX(6121 896-3333 FAX 16121 336-9760 JEFFREV C.ANDERSON CHARLES S.MO�ELL DANIEL L.BOWLE9 CMRISTOPI/ER J.DIET2EN TOOD M.VLATKOVICH JOHN R.BEATTIE i1MOTHY J.MCMANUS LINDA H.FISNER NORTH SUBUR AN OFFICE QREGORV E.NORSTAD THOMAS P.STOLTMAN USA A.GRAY STEVEN O.LEVIN GARY A.RENNENE FORREST D.NOWLIN 8990 SPRINGBROOK RIVE�SUITE ZSO THOMAS M.WEAVER MICHAEL C.JACKMAN COON RAPIDS�MI ESOTA 55433 3HANNON K.MCCAMBRIDGE JOHN E.DIEHL MICHAEL 5.COHEN JON 5.SWIERZEWSKI DENISE M.NORTON THOMAS J.FLVNN TELEPHONE(6 21 786-7117 GARV A.VAN CLEVE JAMEB P.OUINN MICHAEL B.-BRAMAN TODD 1.FREEMAN FAX 1612)7 G-FJII JOSEPH W.DICNER STEPMEN B.BOLOMON JACOVELINE F.DIET2 PETER 1(.BEGK OAYLEN L.KNACN JEROME H.NAHNItE RODNEY D_IVE9 � SHERRILL OMAN KVRETICH JUIIE A.WRA9E � GERALD l.SECK CMRI9TOPHER J.NARRISTHAI. JOHN B.LUNDOV13i �'] SMARON L.BRENNA DAY�ENOIAN" Reply �0 D�Q mington MAqINAYCANA6AL1T2AU THOMAS B.HUMPHREV�JR. TIMOTHY J.KEANE J^N R.KORRFRG WI�LIAM C.6RIFFITH TNEODORE A.MONDALE JOHNJ.STEFFENNA6EN DANIEL W.V035 March �� 1990 OJOSEPH GITIS RICHARD A.NORDBYE Jeffrey 47 • Kantner RfCEIVF� yy�gCON3MNTTEDIN 1800 Englewood Avenue �� St. Paul, Minnesota 55104 22 � Wendy Lane C�-�a L� ��;t Zoning Manager, City of St. Paul Building Inspection and Design Divisio City Hall St . Paul, Minnesota 55102 Albert Olson City Clerk Room 386, City Hall St. Paul , Minnesota 55102 Re: Declaration of Restrictive Covenan for 1800 Englewood Avenue Our File No. 16, 865-00 Dear Mr. Kantner, Ms . Lane and Mr. Olson: Enclosed please find a copy of the De laration of Restrictive Covenant which was filed in the Ramsey County ecorder' s office on March 19, 1990, as Document No. 2537617. Very truly yours, G�i�• � Marg et E. Reed, Legal Assistant for ^ �-vJ"'^ LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. �> cw /��`s-N! �`"�-�`'� Enclosure �/`� cc: Peter K. Beck, Esq. ✓"' � , PER:HB9S ��b� / � r- � C� � � � �� . ► ►� �- . � DECLARATION OF RE TRICTIVE COVENANT THIS DECLARATION is made this I2�day of 1'�lA(Z� ► I g�3o ]�$�}, by JEFFREY S. KANTNER, a si gle individual, ( "Declarant") , with reference to the following f cts and circumstances: Declarant is the owner in fee simple of real property located in the City of St. Paul ( "Cit ") , Ramsey County, Minnesota, legally described as Lot 7, B ock 12, College Place West Division ( "Subject Property") Declarant has sought a nonconforming use permit from City to permit his continued - . occupancy of the third floor f the Subject Property as a caretaker's apartment. City ecognizes that Declarant is the � caretaker of the Subject Prop rty but is concerned about the precedential impact of granti g a nonconforming use permit that would apply to future occupan s of the third floor of the Subject Property. NOW, THEREFORE, in considerat on of the foregoing facts and circumstances, Declarant makes th following Declaration: 1. The Subject Property sha 1 hereafter be held and conveyed subject to the ollowing restriction: If and when title t the Subject Property is transferred from De larant to any other person or entity, the third f oor apartment in the Subject Property shall no 1 nger be a legal nonconforming use, and the permit ed use of the Subject Property shall reve t to no more than two dwelling units . 2 . This covenant shall appl to and bind each and every owner of the Subject Pro erty, and their respective personal representatives heirs, successors and assigns, and shall opera e as a covenant passing with the title to the Subject Property and any part thereof. 3 . The covenant and restric ion contained in this Declaration shall be enf rceable by City by an action for injunctive relief, p ohibitive or mandatory, to prevent breach of or to nforce performance or observance of this coven nt. 4 . Failure by City to enfor e the covenant contained in this Declaration upon th violation thereof shall in no event be deemed �o be a waiver of the right to do so. Y 5 . The covenant and restri tion contained in this Declaration is imposed pon the Subject Property as a servitude in favor of t e fee owners of the following described properties, f r their benefit, and shall not be released without the r written consent: a) Lot 6, Block 12, C llege Place West Division; b) Lot 8, Block 12 , C llege Place West Division. 6 . Invalidation of any of he terms and conditions of this Declaration, wheth r by court order or otherwise, shall in no way affect ny of the other terms and conditions, which shall remain in full force and effect. ' IN WITNE5S WHEREOF, Declaran has caused this Declaration to be executed as of the day and year first above written. � f e . Kantn r STATE OF MINNESOTA ss . COUNTY OF RAMSEY The fore ing instrument was acknowledged before me this ��}-day of �(��.�.1 ��,�'f� , }9'S-9- Je r S. ne . A �/,c�� /�iUi��/� �-- . a ubl 'c s .w v�Nw `Yt. .`�'.'�.1i��1� H. UiUST��V�, �r1, a° ;,��,.,� THIS INSTRUMENT WAS DRAF'�ED BY: �,��'y�,. NoTaR`r auB:.��-MINn�3soTA s�_ w►MS�r couNr�r LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. ,r ��"^�'�0�EapM�A�L4 i1i90 . 1500 Northwestern Financial Cent 7900 Xerxes Avenue South Bloomington, Minnesota 55431 2 . PKB:EZ8s � �• � p � ai��. DECLARATION OF RE TRICTIVE COVENANT THI5 DECLARATION is made this day of , 1989 , by JEFFREY S. KANTNER, a si gle individual, ( "Declarant") , with reference to the following f cts and circumstances : Declarant is the owner in fee simple of real property located in the City of St. Paul ( "Cit ") , Ramsey County, Minnesota, legally described as Lot 7 , B ock 12, College Place West Division ( "Subject Property") . Declarant has sought a nonconforming use permit from City to permit his continued occupancy of the third floor f the Subject Property as a caretaker's apartment. City ecognizes that Declarant is the caretaker of the Subject Prop rty but is concerned about the precedential impact of granti g a nonconforming use permit that would apply to future occupan s of the third floor of the Subject Property. NOW, THEREFORE, in considerat'on of the foregoing facts and circumstances, Declarant makes th following Declaration: 1. The Subject Property sha 1 hereafter be held and convey.ed subject to the ollowing restriction: If and when title t the Subject Property is transferred from De larant to any other person or entity, the third f oor apartment in the Subject Property shall no 1 nger be a legal nonconforming use, and the permit ed use of the Subject Property shall reve t to no more than two dwelling units . 2 . This covenant shall appl to and bind each and every owner of the Subject Pro erty, and their respective personal representatives, heirs, successors and assigns, and shall opera e as a covenant passing with the title to the Subject Property and any part thereof. 3 . The covenant and restric ion contained in this Declaration shall be enf rceable by City by an action for injunctive relief, p ohibitive or mandatory, to prevent breach of or to nforce performance or observance of this coven nt. 4 . Failure by City to enfor e the covenant contained in this Declaration upon th violation thereof shall in no event be deemed �o be a waiver of the right to do so. . ` �/�O� 5 . The covenant and restri ion contained in this . Declaration is imposed on the Subject Property as a servitude in favor of t fee owners of the following described properties, f r their benefit, and shall not be released without the'r written consent: a) Lot 6, Block 12, C llege Place West Division; b) Lot 8, Block 12, C llege Place West Division. 6 . Invalidation of any of he terms and conditions of this Declaration, wheth r by court order or otherwise, shall in no way affect ny of the other terms and conditions, which shall remain in full force and effect. IN WITNESS WHEREOF, Declaran has caused this Declaration to be executed as of the day and ear first above written. Jeffrey . Kantner STATE OF MINNESOTA ss . COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of , 1989, Jeffrey S. Kantner. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Cent r 7900 Xerxes Avenue South Bloomington, Minnesota 55431 2 . PKB:EZ8s _ ��- �� DECLARATION OF RE TRICTIVE COVENANT THIS DECLARATION is made this day of , 1989 , by JEFFREY S . KANTNER, a si gle individual, ( "Declarant") , with reference to the following f cts and circumstances: Declarant is the owner in fee simple of real property located in the City of St. Paul ( "Cit °') , Ramsey County, Minnesota, legally described as Lot 7 , B ock 12, College Place West Division ( "Subject Property") Declarant has sought a nonconforming use permit from City to permit his continued occupancy of the third floor f the Subject Property as a caretaker's apartment. City ecognizes that Declarant is the caretaker of the Subject Prop rty but is concerned about the precedential impact of granti g a nonconforming use permit that would apply to future occupan s of the third floor of the Subject Property. NOW, THEREFORE, in considerat on of the foregoing facts and circumstances, Declarant makes th following Declaration: l. The Subject Property sha 1 hereafter be held and convey.ed subject to the ollowing restriction: If and when title t the Subject Property is transferred from De larant to any other person or entity, the third f oor apartment in the Subject Property shall no 1 nger be a legal nonconforming use, and the permit ed use of the Subject Property shall reve t to no more than two dwelling units . 2 . This covenant shall appl to and bind each and every owner of the Subject Pr erty, and their respective personal representatives, heirs, successors and assigns, and shall oper e as a covenant passing with the title to the Subjec Property and any part thereof. 3 . The covenant and restri tion contained in this Declaration shall be en orceable by City by an action for injunctive relief, rohibitive or mandatory, to prevent breach of or to enforce performance or observance of this cove ant. 4 . Failure by City to enfo ce the covenant contained in this Declaration upon t e violation thereof shall in no event be deemed �o b a waiver of the right to do so. � - ��_�� 5 . The covenant and restric ion contained in this . Declaration is imposed u on the Subject Property as a servitude in favor of th fee owners of the following described properties, fo their benefit, and shall not be released without thei written consent: a) Lot 6, Block 12, Co lege Place West Division; b) Lot 8, Block 12, Co lege Place West Division. 6 . Invalidation of any of t e terms and conditions of this Declaration, whethe by court order or otherwise, shall in no way affect a y of the other terms and conditions, which shall emain in full force and effect. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and ear first above written. Jeffrey S. Kantner STATE OF MINNESOTA ss . COUNTY OF RAMSEY The foregoing instrument was cknowledged before me this day of , 1989, b Jeffrey S. Kantner. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Northwestern Financial Cente 7900 Xerxes Avenue South Bloomington, Minnesota 55431 2 . PKB:EZ8s