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99-1116QR��I�AC� Presented By WHEREAS, the Commission's Zoning Committee conducted a public hearing on September 2, 1999, after having provided notice to affected property owners, and submitted its recommendation to the Commission. The Commission, in its resolution No. 99-60 dated September 10, 1999, decided to deny the application based upon the following findings and conclusions which are based on the evidence presented at the public hearing to the Zoning Committee: Council File # qq � �`\ � Green Sheet # _i��.l�t{� L4 Refened To Committee: Date i 2 WHEREAS, Pawn America Minnesota, L.L.C., in zoning file 99-207 made application to 3 the Saint Paul Planning Commission (Commission) for a Special Condirion Use Pernut to aJlow 4 establishment of a pawn shop at 1546 White Beaz Avenue, legally described as Hayden Heights, 5 VacAlleys Accnring Fol, Lot 42 Block 1; and 6 7 9 10 il 12 13 14 15 16 17 18 19 20 2] 22 23 24 38 34 40 41 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Pawn America Minnesota LLC has a lease agreement with Crreenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approxunately 6,Q00 square feet, as shown on the site plan dated July 28, 1999. 2. The applicant states the Pawn Amerlca corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 am. to 8 p.m., Saturday, 10 am. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that pawn shops be sepazated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History secrion of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejecrion of this second proposal, based upon a judgment that the new usterior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicanYs new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. °l9 -\ �lSe 17 18 19 20 21 22 23 24 47 48 49 50 51 52 53 54 55 56 57 � � � c. � As noted in the staff response to the previous application, staff is aware of no history of this rear area being used as a sepazate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the ea�tent of information about plans for the space aze the statements of Mr. Tim Welch, attomey representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Rixman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. Secrion 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall fmd that: The extent, location and intensity of the use wi11 be in substantial compZiance wlth the Saint Pau1 Comprehensive Plan and any applicable subarea plans which were approved by the ciry councit. This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmenta] regulations to prevent and mitigate land use conflicts among boundazies between zesidential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. The use will provide adequate ingress and egress to minimdze tra�c congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways for the center. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. The requ'uement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops would indeed be detrunental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As stafF finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. In consideration of cunent pianning activities, this condition may not be met. In recent years, the White Beaz Avenue neighborhood has become concerned about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities includina the White Bear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the CiTy of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. 9q-�� e. The use sha11, in all other respects, conform to the applicable regulations of the district in which it is located. 4 5 This condition is met. 7 AND, WI�REAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, 8 Pawn America Mumesota, L.L.C., on September 29, 1999, duly filed an appeal from the 9 deteiwination made by the Commission and requested that a public hearing be held before the 10 Saint Paul City Council (Council) for the purpose of considering the actions taken by the said 11 Commission; and 12 13 WI�REAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon 14 notice to affected parties, a pubiic hearing was duly conducted by the Council on October 27, 15 1999, where all interested parties were given an opportunity to be heard; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the zoning committee and the planning commission, the Council does hereby; RESOLVE, that the appeal of Pawn America Minnesota, L.L.C. be and is hereby denied as there was no errar in any fact, procedure or finding of the Commission; AND BE IT FURTF3ER RESOLVED, that the Council affirms the decision of the Commission and adopts as its own the fmdings set forth in Commission resolution No. 99-60 and adds these additional findings in support of denying the appeal pursuant to Saint Paul Legislative Code § 64.207: 1. This use does not meet the 150 foot separation requirement whether measured from the lot line of residentiaily zoned property or the building wall containing the use. A. While the dividing wall may have been intended to meet the separation requirement, the record indicates that the dividing wall will create space that does not appear to be commercially viable. The space would have no access to the rear of the building and the space appears to lack the normal facilifies one would expect to find in commercial space offered for rent. The wall therefore does not legitimately separate the pawn shop from residential uses as required under the zoning code. B. Failure to meet the specific separation requirement violates a term of the zoning code and therefore violates the general standards for special condition uses permits under Leg. Code § 64.300(a), 64300(c) and 64300(d). Failure to comply with a specific zoning requirement defeats the intent of the zoning code to protect the public by establishing zoning regulations intended to prevent land use conflicts. Pernutting a use that does not comply with zoning code requirements impedes orderly development and improvement in surrounding neighborhoods and conflicts with the goals of the City's Comprehensive Plan. 2. The space behind the pawn shop would be difficult to regulate to insure that the space was not used to facilitate the pawn shop and would therefore be detrimental to public health, welfare and safeiy. �°t-��5• A. Legitimate commercial use of the space behind the pawn shop would require a certificate of occupancy as weil as overall compliance with other applicable city buiiding and occupancy codes. Lack of ea�erior access increases the likelihood that the space could be used to facilitate the pawn shop and would therefore be detrimental to public health, welfaze and safety. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pawn America Minnesota, L.L.C., the Zoning Admiuistrator and the Planuing Commission. �R�GINAL Requested by Department of: ay: Form Appro ed by City Attorney a ay: �d.'� �✓�c�.vr�, /l— °l - �1 'j Adopted by Covncil: Date o-�, �. Lq`� Adoption Certi£ied by Council Secretaxy Approved by Mayor for Submission to Council BY' _�_�� 1� � �'._ Approved by Mayor: Date BY � , S � _ �� 9g -��u. 11/10/99 GREEN SHEET No 1 Q4/*�6 Peter Watnex November 17, 1999 TOTAL # OF SIGNATURE PAGES oFnut�rwegraie rnrcanu. � ❑ arvattw�r ❑ arcasu � wuncuuaEaxcuw� ❑ ra.xeut�aom�tto ❑ W1fORI�IbfLLi4I1) ❑ (CLIP ALL LOCATtONS FORSlGNATURE) Resolution memorializing City Council action taken October 27, 1999, denying the appeal of Pawn America Minnesota to a decision of the Planning Co�ission which denied a request for a special condition use permit to allow establishment of a pawn shop at 1546 White Bear Ave. PLANNING CAMMISSION CIB COMMf1TEE CML SERVICE COMMISSION f SOURCE INFORMATION (IXPIPNJJ Hes tnis persaJrrm e�erwnrlced unaer a contrace rortAis aepertmenn YES NO Has Mis perowJfirm erer been a dly empbyee7 YES NO Does ihis PetiwUfirm P� a sldll rwt mm�albPossessed Ey anY curlent citY emPbYee? YES NO k thic persoMrtn a taryefetl ventlaYt YES NO CO3T/REVENUE BUDOEfm (GRCLE ONE) ACTNITY NUMBER YES NO OFFICE OF Tf� CITY ATTORNEY CI¢yton M Robinson, Jr., Ciry Attomey n��' �� CIT'Y OF SAINT PALTL Norm Coteman, Mayar HartdDelivered November 10, 1999 Nancy Anderson City Council 5ecretary Room 310 City Hall Telephone: b51 266-8770 Facsimile: 651298-56I9 MJI.`(le i �e`�'=`u. v . �. _ ._..> T de k ! �? RE: Resolution memorializing city council action in the matter of the appeal of Pawn America, LLC. Zoning File No. 99-207. Councii public hearing date: October 27, 1999. Council acfion: appeal denied. Dear Nancy: Attached please find a signed, original resolution memorializing the Council's decision to deny the appeai of Pawn America from a decision of the Saint Paul Plaxuung Commission. Please place this matter on the Council's consent agenda at your convenience. Sincerely �/'.�ies-� �l✓yt�-.� Peter W. Warner Civi( Division 400 CiTy Ha71 IS West Kellogg Blvd Saint P¢uI, Minnesota 55102 Attachment DEPARTMENT OF PI.ANNING & ECONOMIC DEVELOPMENT Division oJPlanning 25 YYest Fourth Street S� CITY OF SAINT PAUL Norm Coleman, Mayar October 6, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: I would like to confirm that a public hearing October 27, 1999 for the following appea] c special condition use permit: Appellant: PAVJN AMERICA MINNESOTA File Number: #99-274 Purpose: Address: \�� S-^=� `�� ` \ � � q9-1{ E� elephone: 672-266-6.i63 'acsimi7e: 672-228-3374 P� ,.�„ -'+-. , tLr�.w.;:}� v.'.�:l:G! ` I� G 9MVY �� day q � suestfor a Appeal a Planning Commission decision denying a request for a special condition use permit to allow establishment of a pawn shop. 1546 White Bear Avenue (east side, between Hoyt and Montana) Legal Description of Property: Hayden Heights, VacAlleys Accnxing and Fol, Lot 42, Block 1 Previous Action Planning Commission Recommendation: Denial; vote: unanimous, September 10, 1994 Zoning Committee Recommendation: Denial; vote: 5-0, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the October 13, 1999 City Council meeting and that you will pu6lish notice of the heazing in the Saint Paul Legai Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ''y� � �"/1� � / � Nancy Frick City Planner cc: File #99-207 File #99-274 Paul Dubruiel Carol Martineau Wendy Lane, LIEP � •FUtsrx�mr• � NOTICE OF POBLIC A£ARII�iG _ - 27�eSaint Paul CSty Coiu�clwill conduct a public hearing on Wednesday. OMOber 27, 1999, at 5:30 p.m. in the City Council Chambers, Third Flodr, City Hall- Courthouse, to consider the appeai of Pawn Axnesica Minnesota to a decision of the Planning Commission denying a request for a special condition use permit Lo atlow establishment of a pawn shop at 1546 LVhite Bear Avenue (east side between Hoy[ andMIontanaAvenues). - Dated: October 7, 193� . NAI+ICyNPIDERSON � �� . Assistant�iEyCo'uncilSecietazy- ' - �# "• [Oct 9) � ==�—s ST PADL LR(iAb�L�GFdt �—=__ � ; � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT B�ian Sweeney, Dtrector CTTY OF SAINT PAUL Norm Coteman, Mayor 25 Wes1 Fourth Street SainrPaul, MN55/02 October 20, 1999 Ms. 23ancy A�derson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-274: PAWN AMERICA MINNESOTA City Council Hearing: October 27, 1999 530 p.m. City Council Chambers `l9-/ltlp Telephane: 651-266-6626 Facsimile; 651-228-3341 P1?RPOSE: Appeal a planning commission decision denying a special condition use permit to allow a pawn shop at 1546 White Bear Avenue. PLANNING COMMISSION ACTION: DEIVIAL, unanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: Five (5) persons spoke. eight (8} ]etters, a petition with 66 signatures, and two (2) phone �*'?s � ceived in opposition. The District 2 Community Council voted unanimousiy to oppose the special condition use permit. Dear Ms. Anderson: PAWN AMERICA MINNESOTA L.L.C, has appealed the decision of the Saint Paul Planning Commission to deny a special condition use pecmit to allow a pawn shop at 1546 White Bear Avenue. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on September 2, 1999. The applicanYs representatives addressed the committee. At the close of the public "c. :.,n the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld ti � Zoning Committee's recommendation for denial on a unanimous vote on September 10, 1999. This appeal is scheduled to be heazd by the City Council on October 27, 1999. Please notify me if any member of the CiTy Council wishes to have slides of the site presented at the public hearing. The appeal packet is attached. Sincerely, — -- °— - - _--.. �� -,uc,� Nancy Frick City P(anner cc: City Council Members Peter Warner Brad Ri�nan, Pawn America ; � Minnesota Attachments Carolyn V. Wolski, Leonard, Street and Deinard Wendy Lane District 2 Community Council File #99-274 ;� � J APPLICATION FURAPPEAL �� I[. jl �l Department ojPlanming and Econainic Development � J Zoning Seclio�r 1100 Ciry• Hall Annex 15 West Fourth Street Saint Paul, MN 55102 - 266-6589 94-ilttv if5 ��.- �. " �'. ., _ °�� :_...: . _ '�CI£Ig i � O I Q :/} �-� i •_._ . t* Leonard, Street & Deinard / Carolyn V. Wolski�representing llant: APPELLAtST Name Pawn America Minnesota, L.L.C. AddfeSS Suite 35, 2020 Silver Be11 Road City_ Eagan St.� Zip 55122 Daytime phone683-1044 PROPERTY I Zoning File Name Pawn America / File � 99-207 LOCRTION 1546 White Bear Avanae AddresslLocation TYPE OF APPEAL: Application is hereby made for an appeaf to tfie: � Board of Zoning Appeals � City Council � under the provisions of Chapter 64, Section 206 , paragraph (a) of the Zoning Code, to appeal a decision made by the St. Paui Planning Commission on September lo , 19 99 . File number: 99-20� (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. S � ' E , "_ LaRiTt$ File rio � >..Fse, ' -: �' °;�2£1�3tiYE_ � :� `:� P� Se2 Attachment A .� R�CEIVED SEP 2 9 �ggg ZONWG � K �,z��`� Attach additiona/ sheet if essary) Applicant's signatu / • Date .2 -p City agent_J( �C° I ��_c Carolyn V. Wolski, attorney for Pawn Ame�ica Minnesota, L.L.C. G� 99-i�i� �� i i� ATTACHMENT A Appeal of Pawn America Minnesota L.L.C. / File No 99-207 1. Appellant's proposed pawnshop, as detailed in plans submitted to the Saint Paul Department of Plannin� and Economic Development on July 28, 1999, will be more than 150 feet away from residentially zoned property. 2. Appellant's proposal meets the requirements of Section 60.534(6) of the Saint Paul Legislative Code (requirin� that pawnshops be separated from residentially zoned property either by a public street or by a distance of 150 feet measured from the buildin� wall of the pawnshop to the neazest lot line of the residentially zoned property), both as stated in the code and as interpreted by staff. 3. Appellant's proposal meets the requirements of Section 64300(d) of the Saint Paul Le�islative Code because: (a) By virtue of ineeting the requirements of Section 60.534(6), appellant's proposal also meets the requirements of Section 64.300(d)(I) and (3} of the St. Paul Legislative Code. Planning Commission Resolution 99-60 (denyin� appellant's application for a special condition use permit) states that because the 150-feet distance requirement of Section 60.534(6) is not met, the requirements of Section 64300(d)(1) and (3) are aiso not met. Accordin�ly, if appellant's proposal meets the requirements o£ Section 60.534(6), ft also meets the requirements of Section 64300(d)(1) and (3). (b) The Plannin� Commission concluded that appellant's proposal may not satisfy Section 64300(d)(4) because neighborhood concerns about "business condition and deterioration of neighborhood image" have led to new plannin� initiatives for White Beaz Avenue. Generalized neiahborhood concems are not a sufficient basis for denyin� a special conditional use permit. The inclusion of a pawnshop in a retail center is supported by the Saint Paul Legislative Code, as well as by existin� retail and commercial uses located near the premises at 1546 White Bear Avenue. (c) The Planning Commission a�reed that appellanYs proposal rs�eets the requirements of Section 64300(d){2) and (5}. ?� q ! ��T � Saint Paul Planning Commission City �Iall Conference Center 15 ICellogg Bonlevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, September 10, 1999, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, En�h, Faricy, Geisser, McCall, Morton and Nordin Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Messrs. *Jolinson azid Kong Absent: *Excused t� Also Present: Ken Ford, Planning �.�ministrator, Jean Birkholz, Nancy Frick, Tom Harren, Nancy Homans, Lucy Thompson, Al1an Torstenson and James Zdon, Department of Planning and Eca7omic Development staff; Tom Beach and Bob Kessler, Office of License, Inspection and Environmental Protection; Bill Hagland and Al Shetka, Traffic En�ineering, Department of Public Works. I. Approval of Minutes of Augus¢ 13 and August 27, 1999 MOTIO�i: Con:»:issioner Kramer moved approval oftke n:inutes ofAugust I3, 1999 and August 27, 1999; Con:missioner Marde!! seconded the n:otion which carried unanimausly on a voice vote. II. Chair's Announcements Chair Morton announced tha[ Mr. Ken Ford will be leavin� the Department of Planning and Economic Development beriveen October and the beginning ofthe new year. Mr. Ford responded by sayin� that tlie possibility of retirement and doing a few other things is something that he has been thinking abouf for some time, and decided to make it happen a little before the end of this year. He noted tha[ it �vas a hard decision to come to given the way he enjoys this tivork and workin� wiih the Plannin� Commission. `: _ —' _ ° ---- - - III. - Plan�ing A�Iminis#rator's Announcements Mr. Ford announced that he has handed out some information about audio trainin� conferences that the American Plannin� Association offers. � h4c Ford announced that this last week. the City Council appro� ed the rezonines for St. Pau! Bra;s and for the Riverbend Industrial Park. A public hearin� wa; held this week on the Shepard Da�ern Gate«a� Small Area Plan. Thz City Council laid it over to September 22, 1999. Vtost of the testimon} focused on the issue of affordab(e housins and some interest in havina 99-ii�� ;� more specific tar�ets for affordable housin� in tlie Shepard Davern area in the plan. The City Council set October 6, 1999, for public hearings on the Merriam Park and Hamline Midway Special Si�n Districts. IV. PtJB[sT� I-i�R1N�: JLT Group Site Plan Review for the proposed two buildings at Prior and Minnehaha and Fairvie�c and blinnehaha (Tom Beach, 266-9086, LIEP). Chair Morton read the niles and procedures for public hearings. Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides of the site and gave a short presentatioo. - JLT Group is proposin� to construct two officelwarehouse buildin�s on property they-own bounded by Minnehaha, Fairview and Prior. The site covers approximately 14 %z acres. It has been used for industrial uses for a number of years. JLT has owned it for about the last three years. Earlier this year, JLT submitted a site plan for a trucking faciliry for Dawes Trucking. That facility was going to have 26 doors for trucks. The Planning Commission approved the site plan rvith a nwnber of conditions including existing curb cuts on Fairview, construction sound barriers, and restrictin� hours of operation. The City Councii heard the case on appeal; they approved it with the same conditions tliat the Planning Commission recommended, pius added some new conditions incfuding limitin� the number of trucks and requiring an annual review of the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a vote of 5-2. JLT Group has since filed a{awsuit about that case. No�v, they are proposing ttivo buildings. One ��ould go alon� Minnehaha; the other would be located alon� Minnehaha and Prior. I� .� Mr. Beach read the staff recommendations. Commissioner Gordon stated that he is concerned about approving a site plan �vithout hav_ing a'__ .,... better idea ofthe use ofthe buildin�s. Re�ardin� findings 3d and 3e, the staffrecotxrtnandation: . says that "the site plan is consistent if conditions are pVaced on the approval that minimizes the -° impact on the nearby residential nei�hborhood, including truck traffiq noise, light and the visual impact of this lar�e buildin�." A number of the conditions do deat �vith truck traffic, but if the site plan is approved consistent with the staff report, what would happen if we end up with a coupte tmndred trncS:s per day in that facilit}'? What is to protect these concerns that run in favor of the nei�hborin� land owners and residents around this site if there tums out to be some t�u�e amount of truck traffic? Mr. Beach responded that �vhen the noise anaiysis �vas done for Dawes Truckin„ there were some assumptions made about a reasonable number oftrucks given a number of doors. 7I�e noise analysis takes tlie more restrictive standards that apply from 10 p.m. to 7 a.m. Commissioner Gordon asl:ed if the site plan is approved consistent with the staff recommendation, is 2liere any limit on zhe number of trncks Shat coutd access that site over the Qiven course of a day? Mr. Beach ans��ered that there was not. If it turned out that the noise ordinance were violated, the City «oufd need to make sure that JLT came into compliance with iL Commissioner Gordon indicared that if there �vould be a laree number of trucks, they would impact on rnore thasi }tsst noise. Thesz ��outd be safety issues if trucks ��'ould be backed-up into intersections. Mr. Beach responded tha[ onz of the conditions is that trucks have to use Prior to enter tlx sitz, and ma�i�u�ering tl�e utuks �could Uz �,oing on in thz ;ite itsclC. Commissioner Gordon a;ked Mr. Beach �vhether he ha> thoueht of a�va� of strucmrins this so that there would bz some re��ie�c or control on the total number of trucS:s that could use the site? Mr. Beach � 9'9-1��ta _ replied tliat staff didn't consider diat; and added that it's not an easy thing to enforce. They hoped to settle some of dlose problems with the design of the buildings. � Commissioner Geisser asked if ��hen the MPCA did their environmental study, did they do a specific site studv or a cumu(ative affect on air and the environmental? Mr. Beach stated that when he spoke to thent, he eave them this site only. Commissioner Geisser noted that the �vhole area beaveen Fairview and Minnehaha has a lot of truck traffic. Mr. Beach replied that such a decision �vould be up m the MPCA ; the Citv can't require one by themselves. Commissioner Maroulies asked if Mr. Beach knew the status of the Da�ves (itigation and the outstandin� issues involved. Mr. &each replied that afl he knew is what he read in the paper. Joe O'Neil, lb3 East Sixth Street, Saint Paul, attomey representin� ]LT I�corporated, addressed the Commission. He ezpressed that nvo weeks a�o, some of the Commission members su�gested to him very stroo�ly that he and �ic Trooien s]iould make a stron� effort to meet with the neighbors. Throu�h the cooperation of ihe Hamline Midway Coalition, JLT had a very good meetin� on Wednesday niaht with the nei�hborhood. Both Mr. Trooien and Mc Meyer from 3LT were there, alon� with nei�hbors and the people from the Hamline Midway Coalition. It �vas a aood meeting and an understandin� tvas reached that ewall be very helpful in the future. Mr. O'Neii referred to a{ar�e zoni�i� map to show that the whofe area near this site is an industrial area. He said that he drove around in the area coimting the number of doors on many of the businesses in the area. Some of the doors �vere inside the sites; many were leading directly onto the streets. Mr. O'1`�eif pointed out that in the Legislative Code there is no restrictioits on the number of trucks permitted into a facility. IZone of the businesses in this area (� are rest�icted as to number of trucks. JLT Group bou�ht tl�is �r6�eriy in 1996. The properiy had been vacant for many years. JLT has tried to utilize and develop it in a way that is consistent with City legislation. He pointed out that goin� north on Fairvie�v, there's about 14 truck sites that have access riaht onto Fairview Avenue, and Prior Avemie also has many truck sites that access ri�lit onto ic. He reiterated diat industrial s+tes do not have any limitations regarding the number of tnick traffic. If however, there is any violation of City codes, people need to comply, and JLT certainly intends to do as �vell. A�ioise study that �vas done on this property on the Dawes matter found that there was no violation. [t appears that this use of industriai property is consistent �vith the code and consistent �+�itii thz use of an officehsarehouse or a trucking facility. There is nothin, in Saint P1ul's code that restricts the numf3ec ef doors in a building. Mc O'Neil indicated that the} intend to comply �vith aif of tlie staff recarnmendations even though some of the restrictions are more than other industrial property o�vners have out there. He asked the Plannin� Commission to be equal in so faras its consideration ofthe property ri�his ofthe industrial o�vner, JL7, and decide today to approve the site plans for 6oth buildings. CommissionerFaric}� asfied who did ta�e noise sza�y fo_r the Daa�es Truckin� site, and if a cop}� was available. Mr. O'Neil answered that Dacid Brasiau did the study and he thinks that the Plannin, Commission has a cop} of it. If co;t about $5,000 and was paid for by ]LT. Commissioner Faricy asked abou[ the Au=ust 18, 1999 leiter from Hamline Midway Coalition. i�lr. O�\`eil replizd that he ��as reFerrin2 to �esterda�� letter. �'he Plannine Commission did not received ir. Commi;sioner Gordon had been fa�ed the fetter. Mr. O'Neil passed out copies of thc leuu. , Commissionzr \o�� lin askzd aboutthe Dan2; matter. Mr. O�tieil replied that action has 99-��Ilo commenced in the Ramsey County District Court; the ans«•er has not yet been filed by the City. �� A hearing is scheduled for Monday, September 13, 1999, for a temporary restraining order. Commissioner No«•lin asked if Dawes is plannin� to go into the site on the east side. Mr. O'Neif ans«�ered that they are not; JLT lost Da�ves. Commissioaer I�iowlin asked if JLT was suin� on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for both. Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coafition on gettiii� together and meetin� with the communiry to discuss these issues and in reaching agreement on a number of concems. He encoura�ed them to continue in those efforts in hopes of reachin� a,reement iii the remainino unreso{ved issues. With respect to the role of the Plannin� Commission, the Land Use Plan calls for compatible mixed use, so the Commission needs to be lookin, at a way for the use of diis property tliat is compatible with tke residential nei�hborhood that abuts it on at least two sides. Commissioner Gordon a�rees that the code does not contain a specific restriction on the number of trucks, but the code does require the Planning Commission to make certain findin�s, such as there Gvill be no unreasonabte affects on neiahboring land o�vners. In order for the Commission to make those findings, it needs to take into consideration thin�s such as the fevef of Vuck traffic because given some level of traffic, there coufd be an impact on surrounding use. If JLT were to run 500 trucks per day into buildin�s, it might have an unreasonable affect on the neighborhood. The concern is how does the Plannin� Commission approve a si[e plan without knowin� that? He asked Mr. O'Neil if he has considered structuring this in a way diat would enable approval of the site plan and yet protect a�ainst an excessive amoiutt of truck traffic that Fvould unreasonably impac[ the surrowtding residential nei�hborhood? Mc O'Neil replied that he thinks the real restriction is '� the size of the buildina. The size of the 56�,000 square foot buildino at Gr�gs Cooper will lend itself to a certain number of tnicks; a small 29,000 square foot buildin� or a 33,000 square foot buildin� is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the Commission must find is not whether it�s reasonable or unreasonable, but �vhether or not it has a substantial effect. Whether or not it has a substantial effect is a decision for the Planning Commiss+on to make, althoi�sh these are not large buildin�s. The number of doors that are proposed «ould restrict the number of trucks that could be available for loading and unloading during the day. Commissioner Gordon asked how many doors are proposed. Mr. O'Neil ans«ered that there are 33 [otal doors proposed for both buifdin�s. Commissioner Gordon asked if he had heard correctly thai fhese 33 doors are contained �vithin �valls. P✓Ir. f2'Neil responded that they are �vithin ��al Is. There wil I be a�call all along the exterior of the Qroperty, 27 feet hi�h; trucks «auld come inside that �aall. Commissioner Gordon aske� if the outcome of this site p{an revie�v �vill ha�re any impact on the liti�ation process regarding the Da��•es Trucking site plan review. Mr. O'Neil replied tha[ he can't answer that question. All he can say is ihat the Ciry has not vet filed a response. Commissioner Nord�n asked if th�s buildins .�ere desi�ned as a one-tenant or possibly a two- tenant buifdin�. [vlr. O'Neif responded tha[ it �vas not designed as a one- or t��o-tenant building; morz possibl� for multi-tenants. �,4r. Trooizn. JLT Group, expfained that �chen they designed the northeast buildin�, they put in the ma�imum number of docks so that the} u-ouid not need to come back for further appro�al if the number of docks increased. Commissionei \lar,ulie� atsl:e� hu�� man� (I007� ��21r lu IIIC D <n«> ouiluin�_. Jlr. O'Neil � replied there «ere ?6. Cominissionzr �Iareulizs asked. althou�h hz and JLT «ant the Plannin, Comm{;sion to ba;e i�; deci;ion o�i thz ti�umber of doors. (gi�en th: Commi>sion�s decision, 9t 99-/I �!� needs to look at t�ie impact); what assumptions do they want the Commission to use with respect t � to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that � again the test is one of whether or not this use has a substantiat affect, and he indicated that the Commission should rely on the staff £ndings and staff's indication that this use is consistent with industrial use and with the Legislative Code. He stated that he can't ans«'er what the number of trucks �vould be. In e�amination, they have not found any other industriaf site in the Midway area that has any restrictions on the number of trucks, re�ardless of how many doors they have. Commissionerl�'o�vlin is troubled because he sees rivo building plans in front of him buf he doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil replied that the site is tlie 14.5 acres. CoinmissionerNo�vlin agreed. Mr. O'Neil noted that you need a specific buildin� positioned �vithin that site. Commissioner Nowlinstated that the issue here today is not zonin� classifica[ion 1-1 or sometliing else. Everyone here a�rees that we're not chan�in� the zoning code or the zonin� treahnent of [he property. The issue is site planning. In tlie suburbs, this 15 acres would have a site plan, 6ut �ve're not seeing that today and we've got these problems. The Planning Commission's job is to assess and to make sure that there is no substantial adverse impact on surroundin� propeny. Here, we don't even have a number of trucks tha[ mi�ht use this. Commissioner Nowlin wonders how many more buildings can �e constructed on this 15 acres; perhaps a lot mo�e. This is not done yet. Mr. Trooien tesponded that he doesn't know where they would put dte nest building, other than where Dawes would have gone. Commissioner Nowli�i pointed out that the Commission does not have anything in front of them tltat clearly shows what's goin� to happen at this site for a long period of time. Mr. Trooien asked if tliere was a correlation between a site plan and restricting a number of trucks. To him the real issue is whether there are any other buildin�s that have those ;� restrictions; is tliere dual treatment goin� on? CommissionerNowlin replied that Mr. T�oie=i woutd find out in court that the �vay zonin� works is cumuiative and impacts are cumulative: He added that it's too bad that Mc Troaien is the I1st owner there; the Plannina Commission really �vants to help him. It's a troubled old piece of property and it ou�ht to be reused and it ought to be used for industrial. The problem is that there is already industry there. Now, someone needs to fi�ure out ho�e to esist there �vithout eaasperating an already e�istin� impact. ThaPs the law; not, "I get to do the same thine as the �uy next door." Mc Trooien thinks there is some element of tha[, but he [hinks the issue here revolces more aroimd [he number of uucks, and a small buildin� cannot eenerate as lar�e an amount of tntck traffic as a lar�e building would do with a lot of continual distribution. Commissioner Engh asked Mc O'Neil if he knew what the avera�e daily traffic count is on Prior and Fairvie�v. Mr. 0'Neil replied that he did not. Commissioner En�h thinks that is someffiin� the Commission should find out because countin� triick doors is only a snapshot ofwhat potentiall}• could �o in there. Havi� � driven up and doivn those streets, she thinks that a traffic ct>unf avould provide Ia�}pful information. Mr. $eacla responded lhat the traffic count on Fairvie�� south of Minnehaha is 7,6�0 vehicles per da}'; Prior is 4,100 vehicles per day; Pierce Butier sets about 12.000; Universit� Avenue in that area Qets about 22,000: Minnehaha gets about ],�00 ��ehicles per da}. � Commi;sioner Gordon asked Mr O'Neii ifthe Plannin� Commission approved this site plan ��itli staii recommendation>. ��ouVd the approcal aVso appl� to tUe alread� c�i,tin � buiVdin� on this site (thz Da��e; buildin�_). �Ir. OTeil repiizd that i[ �could not. Commissionzr Gordon � asked if this site plan ��zre dealine ��ith onh these t�co buildings. btr. O�\eil replied that it «a>. � 99-��t� � i� Commissioner Mardell asked Mr. Trooien about the market they were Iooking for in building these buildin�s. To him, it seemed likety to be more in the micro-office «arehousing distribution type of market. Mr. Trooien replied that JLT thinks there's a market for smailer bay use, not heavy truck users. options. Public Testimon�� The large number of doors put into the design is to give JLT some l. Cheryl Hammerlindl, 672 2�orth Fairview Avenue, addressed the Commission. She said that providin� that conditions to limit truck traffic, provide safety, and address concems and preserve the qualiry of the nei�hborhood, tllis is possibly an acceptabte development. One of her major concerns is the increased nwnber of dock doors added to the original plan. There being no restrictions on the e�istin� cron3panies in the nei�hborhood is a difficult problem for the nei�hboriiood because all of the thin�s that Mr. O'Neil exp(ained are along Fairview, Prior, and Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a junction behveen Saint Paul and Minneapolis has led to the over saturation of truck related businesses in this very small residential area. She asked the P(anning Commission to take that into consideration. Decisions that Ilave been made about development in the city forty years ago affect this neighborhood today. Decisions that are made today about development wil( affect this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and parkina problems. The nei�hborhood fiopes to meet with the Public Works Depadment and the Police Department to resolve some of the issues and reduce any nega[ive affects that more or new traffic would have on the area. Neishbors and members of the district council met with Mr. Trooien on September 8, aod came away hopeful that Mr. Trooien will continue to be willing to address the commimity's concerns. The community is interested in talkino further with Mr. Trooien about alternative development for this property. The communit}• respects Mr. Trooien's ri�ht to develop this property as lon� as it's compatible with the neighborhood and does not have a negative affect on the quality of tiFe for this area of residents. Chair Nlorton asked if commissioners had any questions for the Public �Vorks' en�ineers. Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive truck traFfic, the point at which the level of truck traffic �vould unreasonably, substantially, adversely impact on the surroundin� neishborhood. He noted that was a difficutt question to quantify or qualif} . If trucks �could come in a convoy to load/unload at 33 docks, it certainly would present a problem for any particular place. Normally, in areas �nfiere there is heavy truck traffic, it's distributed throu;hout the `cork day, which does not {end itself to a problem. Occasionally, there may be some congestion and some noise, but con�estion and noise, in and of themselves do not create an unsafe condition. In fact, it may have the opposite affect by consestin� a strezt-siowins down and catmting traffic. Tl�is is a qaestion that really cannot be respotrded to tmtil there are numbers and voinmes to be anaiyzed. Commissioner \o�clio asked tilc S4ietka to talk about the existin� traffic columes. Mr. Shetka replied that Pair� iew is about 7,600 and Prior is about 4,100. He added that these are noi esce;si�'e volumes. Street; like Cretin Avenue near St. 7homas carries zbout 16,0�0 vehicles pzr da}: Snellin� 4�as about 4SA00 ��ellicle> pes da}. Commissioner \o«lin asked �vhere the majorit� uf truck trafll. �ium this area ��ould e�it \1r. Shcika re;ponde� that dzpends on their oriein and destination � 99�-�11� � 2. 3ames Turkowski, 1861 Enatewood Avenue, addressed the Commission. He pointed out that the proposed building at Minnehal�a and Prior has no setbacks indicated, which will create a blind corner on the southeast corner, like the current buiiding across the street produces. This will make turnin� north or south onto Prior from Minnehaha dangerous. Also, traffic heading noRh on Prior wiiV not be able to see traFfic tha[ is approachin� from the west on Minnehaha. Tlte second concern is that the truck docks increased from seven to 33, «�hich appears to be a shift from warehousetoffice buiidin�s to a major truckino facility, one that is even larger that the earlier one proposed alon� Fairvie�v, a proposal that was only approved afrer critical conditions were ptaced on it by the City Council. 3. Roberta Mackin, iSO4 En�le�vood Avenue, addressed the Commission. She explained that the reason [he nei�liborhood has �athered to�ether and has 70 people on their call list is because -- -- they don't-��ant [heir neighborhood ro look like North Prior. If the City wants more housing, then she thinks the indus[rial people are goino to have to accommodate it. She is concemed about [hese proposed buitdin�s that liave no desi�nated use abutted to a residential neighborhood that has been around a long time before Mc Trooien bought the property. There ought to be new restrictions and conditions. The neighborhood doesn't want any chemical waste products for obvious reasons and no produce or meats that require refri�erated trucks, which need to be lefr runnin� producin� more noise. The neighborhood �vould prefer office type buildings and there should be no exit onto Fairview Avenue. 4. Kimberly Ni�htin�ale, 1639 Van Buren Avenue, addressed the Commission. She and her husband own a duple� in the nei�hborhood. She noted that it is good that Mc Trooien is � working with the community. It is afso good to know that there will be no truck access onto Fairview. The nei�hborhood is currendy investin� money into its homes and needs to be assured that residential properties will not be ttegatively impacted by JLT's plans. There are safet}' and pollution issues that the nei�l�borhood is concerned about. There are approximately 75 children in the area, and the nei�hborhood is concerned about keeping them safe from traffic problems and pollution. S. Ron �Villiams, 779 Clayland Street, addressed the Commission representin� the Siena Club. In the Sierra Club's view, truck terminals are il(egal because they violate the City's Zoning Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the Cit}' Noise Ordinance and the 1980 District 1 1 Plan. The Sierra Club is not sayin� that Mr. 7'rooien has no ri�ht to develop his property for a light industria) use and that they expect the land should be turned into a weUand. It hopes that he will find a use that is compatible with the neighborhood. The Zoning Code for the City of Saint Paul says that [he intent of the 1-1 Industrial District is "ro primarily accommodate �vholesale and warehouse activities and industrial operations �vhose external __, physi�al affects are restricted to the area of die district, and in no manner affect the surround�no districts in a detrimental �vay." Tfie code further states that new buildin�s in I-1 must conform to specific uses includin� "�varehousin� and hotel establishments and truckin� facilities." The thrust of the Zonins Code here is to define permitted I-I lioht industrial activity as that which has no deleterious affects on Ihe surroundin; area. The code sharply distin�uishes I-1 from the ne�t industrial dassification, 1-2, b}' stating that 1-2 is for certain "industrial operations whose esternal affects �� ill be felt in surroundine districts." Classification I-1 indicates that its pennitted uses are restricted [o those ��hich hace no adcerse physical affects on neighborin� aiea,. Tru::nin�s facili[i��. alon_ ��i[li otl�z; spcei�i.d tue; a�e allo��ab!� u�:i_, on locations n'here � t6e} "in no manner affect the surroundimz districts in a detrimental «a�'." The problem here is that thz proposed buildin�=s �cill hace a suostantial affzct on neishborhood rzsidents. A pertinent � 99-iri� part of tiie 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an unsuccessfui development. For example, uses which generate farge volumes of traffic, noise Or _.� air pollution cannot be combined with uses requiring quiet. This area is only about 12 blocks a�vay from �vhat in the past �vas the most air polluted site in Minnesota, Snellin� and University. The City lias �vorked hard to reduce air pollution at this site. 7he introduction of these proposed truck facilities threatens [he air quality of this area, a problem �vhich should be studied. The "need for such a study is even more pressing noGV since we are now considerin� facilities with the capacity to serve I�0-200 tn�cks per week, instead of the 45 per week for the southem most terminat. The ]999 Land Use Plan is even more supportive than the 3950 Plan in protecting residential nei�hborlioods from adjacent incompatible development. The Sierra Club understands that ihe City of Saint Paui intends to prohibit additional truck iransfer facilities in Saint Paul just a Roseville did some years a�o and other area municipalities have done. 1t makes no sense for the City to establish a polic}� like this and then squeeze in more developments of the sort that tliis policy proliibits. It is critical that the Saint Paul Planning Commission has adequate environmentai information in siting these site plans with serious possible affects on adjoinin� nei�hborlioods. The State of Minnesota Environmental Rights Act states: The Legislature finds and declares that each person is entitled by ri�ht to the protection, preservation and enhancement of air, water, land and other natural resources located within the state and that eacli person lias a responsibility to contribute to protection, preservation and enhancement thereof. Commissioner Gordon asked Mc �Villiams if he would allow that some level of increased truck traffic in connection with these proposed buildin�s would be compatible with the surrounding nei�hborlloods and would not substantially or imreasonably adversely affect the surrounding �• nei�hborhoods. Mr. 1Villiams replied that he would allow "some." He would hope that the P{annins Commission would add some kind of limit so that the neighborhood wouidn't need to be �vorried about it. Commissioner Gordon asked Mr. �Villiams what he would define as "some"? Mr. Wiltiams responded that he would follo�v the guide of the City Council and prorate these facilities accordinoly, abou[ 30 more. A bui(ding with 1 S loadin� docks, which has been in place for a lon� time, is also in play here. That should be taken into consideration. 74 loading docks total �vill now be the total number. 6. Any Hummel, 779 Ctaylancl Street, addressed the Commission. She siated that the Zonin� Code states, "The Plannin� Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development of project plans for subareas of the city." The 1950 city Land Use Pian says, "Mising incompatible uses �vill create an unsuccessful development. For e�ample, uses �vhich oenerate large voltunes of traffic, noise or air pollution cannot be coinbined �vith i�ses requiring quiet." The proposed terminals are on land abutting a residentia! nei�hborhood immediately across an ordinary nei�hbodiood street, not a highway or truck route_ These t«'o neti�� tenninafs, plus another existing terminat on this site, wilt provide a total of 74 truck bays. The terminal buildines themselves may partially reduce noise levels to homes directly opposite each terminal from noise sources directly behind each terminal. These bazriers, however «ould not pre� ent si�nifican[ detrimental noise affects on adjacent houses up and do�� n Fair� ie« and 1�3innehaha to eidizr side of the houses that are directl}• opposite. These adjacent homes «ould remain in direct line of sieht and therefore, in direct noise ran�e, from noi,�; liom trucl.s dire�tl� bohind lll:i ST117117:1i. SII711IIl� e�en the home> directiti� opposite thc terminal; �wuld be ad� ersek affected b� noise ori:inatine amti�herz on thz site other than ,� directh bzhind the terminals, including notjust [ruek enginz; at lo�c speeds and idlin�, but stack / ! �� exhaus[ noise, en,ine revvin� at start-up, back-up signals and air brakes. Given the large � number of tn�ck bay's and tlie traffic capacity of the site, such noise should be expected to be ` substantial, not to mention considera6le truck traffic noise at atl hours alon� Fairview and Minnehaha. If the Fairvie�v entrance is permitted contrary to Commission and staff recommendations, the proposal does not indicate that there would be less than round the clock, 7-day per ��eek operation. Instantaneous noise levels from air brakes and repeated back-up beepers will disturb neighborliood peace and quietude and will be severel} disruptive to the neiahborhood. Thz noise evaluation submitted with the southernmost terminals proposal did not include any actual measurements of individual truck noises, but relied instead on federal EPA noise data from a division of the EPA that had been disfunct for nearfy riventy years. This data included only just the a��erage noise level of truck en�ines idlin� and movin� at 5 m.p.h. It did not differentiate amon� types of trucks or the aoe or mechanical condition of the trucks, nar did it include noise ranRes for start-up or revving of engines, stack eshaust noise,.air brakes or back- _ up beeper signafs. The City should require an actual test of noises from trucks of different types, ages and conditions. Such a study should include not only fleet vehic(es, but independently owned and operatzd vehicles as «�ell since these latter would be expec[ed to vary quite a lot with respect to noise. I�'oise will be particularly troublesome in spring, summer and fall when windows wifl be open for ventilation. Night time noise will interfere with sleep causing health nnd safet}' problems for children, students, parents, workers and other neighborhood residents. The heavier daytime noise will also interfere with sleep for neighborhood sliift workers, children at nap time aod those neighbocs who are i1L These trucking facility proposals in one of Saint Paul's evermore scarce affordable 6ousin� neighborhoods raises critical em�ironmentaljustice issues, development issues of key importance to the city, and economic issues for the ciry's employers as well as for �vorkers and home owners and the banks that invest in our moRgages and home impro��ement loans. Over 400 nei�hbors signed a pe[ition requesting an environ- �� mental assessment, includina noise, air and visual pollution for the southernmost terminal alone. As a violation of the zonino code and tlte city plan, approval of these hvo new trucking facilities on Minnehaha would cautitute a takin� in terms ofthe qua(ity of tife in the nei�hborhood and the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully reques[ed that the Ptanning Commission i7ot approve the nvo ne�v trucking terminal site proposals. In behaif of the neighborhood, she also requested that tlte Pianning Commission order a noise stud�. includin� actual noise measurements to be performed by a consultant acceptable to the neiahbors as well as the developer, and directin� all the noise sources and noise related affects the neiehbors have addressed 7. Leah Karlssen, S 1 S Tatum Street North, addressed the Commission. She specifically . addressed the land;capina part of die plan. She works as a professional landseape horticulturist and she has run her o�vn business for nine years. The site plan's landscaping i�cludes one row of deciduous shrubs that grow to about 3 feet tall interspersed �vith an occasional deciduous small tree that ero«s to about IS feet tall. Tl�ese buildin�s are about 27 feet tall. She made some su�gestions tjiaemi_��t provide some noise miti�ation, some air pollution mitigation as well as being � isuall}' attractive. There's a 10-foot wide buffer behveen the buildings on the ed�e the propert}. Accept at the comers �+'here i['s desirable to keep vision free ofobstruction, the planu could bz taller in conjunction �� idi the buildin,s. The tallest ones could be 25 feet or so. She sue�zsted e��ersreei�s as part of die plan because the� pro� ide folia,e all vear round. She sug2ested also that pfants and tree� be plantzd more densely. In combinacion, all these thin,> could do more tham pcu� id: ;i � i�tial barrier: the� could help ��itl; o:Le� concerns as «•ell. tn addition. she st;�*eested that somethim� be put into tiiz plan to en,ure that thz landscapin� is � indezd donz upon comple[ion of thz buiidin�;, and that it is maintainzd properl}. "_�,_ �y-i�� 8._Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer � on the corner of Fairvie�v and Minnehaha. He helps out at the grocery store and spoke from the s vietivpoint of tlie store. His concerns are safety issues and the quality of life in the neighborhood. He thinks that these issues are possibly threatened by the �vay this property mi�ht be developed. He takes issue with the presentation of the general area as presented by Mr. O'Neil. He has lived in this nei�hborhood for the past six years. In this neigh6orhood are approcimately 200 homes, and if they �vould be out in the area at the end of the rumvay of the airport, it would zost $16,000 for noise abatement, a federally fimded pro�ram, for the cheapest house. It would cost $60,000 for the cnost e�pensive house. The avera�e house �vould come to about $45,0�0. Taking 200 homes multiplied by 545,000 equals the potential threat to the quality of life down the road. As Mr. O'Neil toured from Uni�•ersity Avenue, up Aldine and passed McQueen TrucS:in� that buildin� is ri�ht on Thomas. Going tivest�vard from Aldine to Fairview, the facilities are all pretty much sheltered. 'tl�ere activities are baek down off the road and very few houses face those buildin�s. McQueen Trucking itself has a lot of doors, but the main operation is behind the building and imder cover. It's a very low activity type of business and doesn't seem to affect the quality of life too much. Banta Truckin� comes and goes off Prior Avenue. Only Bauer Bilt, the battery wmpany, has any trucks going on and off Fairview. From Minnehaha to Pierce Butier alon� Prior, it's all industriat, but there aren't any residences there. The residences are all on the back side. You might say that all these listed companies-McQueen Truckin�, Banta Trucking, Bauer Bill-are grandfathered-in. IfJLT comes in and puts up a whole bunch of docks, the minute tiiey start operating, they are grandfathered-in, and the nei�liborhood l�as to tive with them. Mr. Volden su�gested that is way the City Council put conditions on the Da�ves site. � Mr. O'Nei! asked that the Planning Commission approve the site plan in accordance with the (' code, providin� equality and concem for thz nei�hbors by puttin� into effect the various staff recommendations that 1LT Group has indicated they would a�ree with. He asked that the Plannin� Commission considec whether or not another noise study is needed since one has already been done. He indicated that JL"f Group will comply �vith any noise requirements of the City. MOTION: Conen:issio�rer Faricy nroved Uiat t/te public Iteari�zg be closed and the site plan be n:oved to tlte R'eiglrborkoo�lPlr�n�rii:a Conen:ittee; Conu�:issio�eer Nordin seconded the mntion wkich cnrrierl t+nanimous/y on a voice vote. _ V. Zoning Committee �99-177 P�t Boemer - Special condition use permit for shared parkin� at the Sandco parkin� lot on the west corner of Chestnut & Exchanez for Patrick McGovern's pub and restaurant at 22> -. -. - -- 1Vest 3"Street �Nancy Hn�nans, 2bb-6�57). MOTION: Cannnissioirer Gerrnis nmved �tpproval ojtke reqceested special condition use pernrit wit6 conditiniis for sGtrred parkine at tlre Saadco parking !ot o�r tlte west corner of C/iestr:td aacl Exe%aeeve jor Pettrick DIcGc�vert:'.r pc�b arzcl restac�raat at 22� West T Street. Mr. Ger��ais esplained that Plannin!_ Commission members hace a substitute resolution in front ol�them todac. � Commissioner Geisser asked if Patrick �(cGo�ern realh had 32 parkin_ space;. Ms. Homans m 99-///� �_ responded that tlie applicant reported he has 32 parkino spaces. Some spaces are used by his employees and some are used by tfie apaRment d�veflers. In the meetings Faith the Department : of License, Inspections and Environmental Protection, they determined that he needed these addiciona162 spaces, given the espansion onto the second floor. Commissioner Kramer recommended a minor change on the conditions attached to the resolution. He pointed out that one ofthe conditions that tlie Zoning Committee attached is that the applicant needs to provide an on-site attendant behveen tl�e hours of 8 p.m. and 2 a.m. It occurred to him that lot mi�ht actuafly close before 2 a.m. Perhaps the condition should add that there does not need [o be an attendant if the (ot is closed durin� that time. MOTION FOR AMENDMENT Conur:issioner Kran:er moved to amend cortdition #2 to say lliat t/re applrcant nu�st provide an on-site attendant rk�iing 1/te /torvs between 8 p.m. ar:d 2«.nx unless cordoned ofjbefore tkat tin:e; Conrn:issior:er Eneh secon�led t/re motion whiclt earrietf oi� a voice vote, witl: Comniissioners Maroufies anr! Nowlin abstainirtg. Commissioner Kramer, referring to condition #3, noted that it states the Exchanae Street entrance/exit will be cordoned off afrer 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her espectation that it will open when United Hospitai's lease begins in tlie mornin� or whenever the arm is enabled. Commissioner Fotsch asked if these conditions �vere present at the time the objections from the nei�hborhood �vere received. Ms. Homans answered that these conditions were developed in � consu�tation with the nei�hborhood residents and the applicant afrer the first sta�es ofthe public heann� when the objections were raised. � T/ie rsnter:derl niotion on the floor to approve !he requestetl specia! contlition use permit for s(�ared parking at Uie Saitdco parking (ot on d�e west corner of Chestnut nnd Excfiange for Prurick McGoverr:'s pub anrl rnstruvaat at 225 West T Street carried on a voice vote (eYlnro ttlies nnd 1Vowlir: nbstninino). �99-18� RoQer Bonfe - Rezoning from RT-2 to P-1 to allow a parking ]ot in association with Bo��fe Auto Repair at 366 and 372 Smith Avenue beriveen Grand and Forbes (Lucy Thompson, 266-6573). MOTIOV: Commissioner Gervais n:oved approval of U:e request to rezone the property at 366 and 371 Sniitk Avenue hebveen Grand tt�:rl Forbes from RT-2 to P-1 to allow a parking !01 [/1 QSSOCIlfI[O/1 iV[l�l B0771 Auta Repair. — Mr: Ger4ais esplained thaf this case had been a Iayovec The ori2inai application submitted was From ftT-2 to B-3. Fotlo�vin� discussio�i at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-I. A ques2ion about a si�n issue came up after Zonin� Committee. Ivts. Thompson e�plained that Mr. Bonfe asked if a condition noted in the staff report in order ro establish a parkinQ lot in P-1 meant that he could not move a sign that is at Smith Aeenue and McBoll to a corner of the ne�v parking lot facine Smith Avenue. It is a 21- foot tali businz;s advertisin: si;n. It i; her interpretation that this sisn ��ould not be allowed in the parkin � lut. She thinks that tli� Cummission iieeds to tnake ii clzar thti: a business sign � «ould not be allo«ed in this location on [he parkine lot. Chair `torton asked if the ne�v sisns on the lot �� ill sa} "ParkinR for Bonfe�s Patrons Onh." bis. Thompson scated that something like m 9'S-lllto � - that would be allowed. She also informed commissioners that Mr. Bonfe is afso closing the driveway off of Stnith. The only access to this parking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe rvill fose his business sign. Chair Morton responded that hejust cannot move his business sign to the parkin� lot. Commissioner I�'ordin asked if the�e were a limit to the size of a parkin� si�n in the �-I zonin�. Ms. Thompson repiied that the si�n ordinance may have restrictions, but in terms of the conditions for establishin� a parkino lot in P-1, it does not have dimension restrictions. T{ie nmtior2 0�: tlte floor carrie�! eina�:in:ously on a voice vote. #99-200 American Portnble Teleeom - Special condiTion use permit to allow a ten foot cellular telephone antentla on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION: Co/nmissiorrer Gervais aeoved approval ofl(te requested special condition use pernut witk con:'itions to a!!ow a ten joot ce!/ulnr telep/taie antenna on tlte apartment stnrctrve at 1967 Graird Avertree 6etweei: Prior a�:d Clevelnnd. Commissioner Gervais explained that this case had been laid over in order for staffto research the possibility of there bein� any other buildines or Socations in the area where this could be located. Staff reported that there were none. � The motiole oee cl:e floor cnrried unaiiintous(y on a voice vote. , #99-207 Pawn Americl -Special condition use perm it to allow a pa�m shop at 1546 White Bear Avenue behveen Hoyt and Montana (Nancy Frick, 266-6554j. MOTION: Con:missiare� Gervrris moved de�:ial of t1:e requested special condition use pernrit to a!!ow rt prnv�r shop a11546 lYkite BearAvenue wLich carried ur:animously on a VO[C2 VOIL. k99-208 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. "Loning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-65�4. NIOTION: Conn�:issioi:er Gervais nroved approva! of tlze requested specia! condition use pe�neit for rr Znai�rg vcrrimlce ;vitli co�iditioi:s for m fra:t yard setback jrom 25 feet required to 8 feet pr�posed at iui instiurlional recrealion renter nt 875 Arca�le Street whidt carried untutifranus[y on rr voice vote. �99-226 G1il Geisenhoff 1Molh' Toulouse - Modification of the river corridor standards to allo« fos t�tio additions to a�i ezistin� structure within 40 feet of the bluff line at 2072 HiQhwood A�enue bet��een Sky��'ap and NlcKni_h[ Road (Lucy Thompson, 266-6�78). DlOTIO\: Corru�ri.isiorzer G�n��iis er�ored «pprara! rtf tlre requesltr7 ntodificaliare of tlie rirer � c��rritlor sttutdards wiUt cn�tditinns to al[ow fnr two additions to an eristino structure within 40 feet nf tbe blu fjline at 2072 Hi;l�wondAveiu�e wktcl: carrierl iutanimously orz a voice vote. 12 9 9-//i� Commissioner Gervais announced the next Zoning Committee meeting will be hetd Thursday, September 16, 1499, ai�d there tivill be one order of ne�v business: Sherman R. Ruuick, a `� rezoning from RT-2 to RM-2 to allo�v a medium density housing project northwest of Toronto and Grace streets, southeast of Osceola. VI. Guest Presentation: Larry Dowell, President, Saint Panl Area Chamber of Commerce Chair Mor[on informed commissioners that Mr. Dowell had an emergency today and will not be addressin� the Commission. His presentation will be rescheduled. VII. Comprehensive Planning Committee Commissioner Geisser announced thatthere wifl be a meeting ohTuesday, September 14, from 3:30 -5:30 p.m. to continue discussion on LRT. A consultant will be comina during the first hour. VIII. Neighborhood and Current Planning Committee Commissioner Faricy stated that a date has not yet been set to discuss the JLT site plan review. IX. Communications Committee Commissioner Kramer announced that the 1998 Annual Report has been published and is now available to distribute. (� X. Task Force Reports Commissioner Gordon announced that the S7AR Board will meet September 13, 1999 to review all the applications. The Board wilt meet September 15 and 16 to intervlew all the applicants. Rankin�s are scheduled to be done on Wednesday, September 29, 1999. Commissioner Kramer reported that the White Bear Avenue Smalt Area Plan Task Force has been meeting. The ne�t scheduled meeting is for Wednesday, October 6, 1999; the tentative location is St. Paschal�s. XI. Old Business None. �II. " hew $nsiness Request for nublic hearin� on 1 Site Plan Aevierv - Tom Beach, 266-9086, LIEP Mr. Beach said there has been another request for public hearing on a site plan. This involves old railroad property south of �tar}�land bzt«een 3SE a�d Jackson known as the Trillium site. A site plan has been submitted by Frank Frattalone (Frattalone Excavating) to use the north 7 acres for out;id� sroragz of sand and equipment or material. Thz propert� is zoned I-2. To access this site, you need to come in off ofJackson, go down a road and underneath Maryland. District 6 e � and the Tri Area Block Cfub requested the puhlic hearina. They are concerned that there wi(l be 13 99•ri�t� polVution, noise, dirt, dust and traffic safety issues with this use. Because of these concerns the . neiahborhood took a proactive approach and solicited help from Representative Tom Osthoff to � develop this site as a nature preserve that wouid be an asset to the community and could be used by local schools as an educational tool. Representative Osthoff was successful in securing $900,000 from the 1999 Legislature for this project. Their understanding i_s that the City �vill _ have to accept the money from the state for this putpose. In (ate Septem�er the City Council - will hold a public hearin� and vote on whether to initiate the acquisition process and afrer that negotiations would bein� �vith the propeRy o�vner. Mr. Beach stated that another site pfan just came in for the south end of this site to be used for mini-stora�e. Mr. Beach explained that there are [hree considerations that the Planning Commission looks at when deciding to hold a public hearing: 1) Is it a major project; 2) Are there important policy issues raised; or 3) poes the site plan have a ma}or impact on the neighborhood. The District Council feels tliat this site plan �vould have a major impact on the neighborhood. Staffthinks that it ►ias the potential to have a major impact on the neighborhood and is recommending that the Planning Commission hold a public hearing. MOTION: Con:ntissioner Geisser moved ihat tlie Pfanning Commission I:old a public hearine o t1�is site plan; CamntissionerKramerseconded tke motion w/tidr earrietl ru:anin:ortsly o�: a voice vote. The date for pub(ic Itearing on this site p4an revie�v was set for October 8, 1999. i� XIII. Adjournment MOTION: Comn:issioner Krnmer moved ac journment; Comn:issioner Fotscl: seconded the n:otion w/ticlt carried �utaitit�rously on m voice vote. The meetin� was adjourned at 10:46 a.m. � Recorded and prepared by Jean Birkholz, Plannin� Commission Secretary Plannin� and Economic Development Department, City of Saint Paul Respectfully submitted, Kenneth ord Plannins Administrator \planning\minutts. frm Approved (Date) Jennifer En�h Secretary of the Plannino Commission 14 '{� f� i � CIT'Y OF SAINT PAUL Norm Coleman, Mayor September i0, 1999 DEPARTMEN'f OF PLANNING & ECONOMIC DEVELOPMENT Brian Sxeeney, Di�ector 25 West Four�h Sireet Sairu Pau{ MN SSIO2 TO: Planning Commissioners - FROM: Nancy Frick 7�F RE: Z.F. #99-207 PAWN AMERICA (1546 White Bear Avenue) 94-iii� Telephone: 651-266-6626 Faaim ile: 65I -22833 J ) The attached letters were received after the September 2, 1999 zoning committee public heazing on the above matter. Both letter express opposition to the proposed special condition use permit for a pawn shop at 1546 White Bear Avenue. �� 99-/1�� : ,• ,� � ��,..�-.- y�..�.°--� � �� > �� $-3�-� No �� G-�- �-�-� � �,�-�"�� Sz�-.--�- � �s�� _. �`�- ";--�:�.Q� �� --� �,,.� �-� ��......� �- �� -� .,Q,_.� � � ��, � .�. � -�� ----�..� -�� _ � � �� .� � ati� � � �� .n;w �,-�,-�= �-�. �� - �.�..°�, ��.`�- °.- .��-- ,9�-�` ' ' �.`-�""' �-u�-R--� ��-� � `.�`_ _ � �� . .� '�- �.� �,-� -�-�- � ��'�- �- °-�' -� --�-� � �� .=� �- � _ . � s�e.�� °��.� �..-,_.� ��- . - - � - _ . � �� - _�._—.�, �-y-�-- - - ` ��° � . ,. c� _ �, 99 , Saint Paul Zonin� Committee Litton Field, Chair 25 West Fourth Street � Saint Paul, MN 55102 Dear Chaiz Field, . v: The Zonin� Committee will soon be deciding if they wi11 allow Pawn Amezica to locate at 1546 White Bear Avenue. Please, vote no! Hill�rest once was a nice place to shop, and it could be again. The decision is up to you. V�'hy do you want to continue to brig our nei�hborhood down? We already have one pawnshop located less than two blocks from this location. They are (� also buiiding a bin�o pazlor one block a�s�ay. I don't know how much more of these kinds of places the nei�hborhood can take. Please, think about how to make the East Side better and do the right thin� for our community. Sincerely, � �/��rtie-o1 �� t9-�i it� MINU7ES OF THE ZONlNG COMMITTEE Thursday, September 2, 1999 - 3:30 p.m. 6� t� . City Council Chambers, 3e Floor City Hall and CouR House 15 West Kellogg Boutevard PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, and Nowlin Field, Faricy, Morton Peter Wamer, City Attomey_ Nancy Frick, Caroi MaRineau, Ailan Torstenson, of PED Pawn America, 99-207 - special condition use permiY to allow for a pawn shop at 1546 White Bear Ave., Zoning B-2. A slide presentation and staff report was given by Nancy �rick. Staff recommends denial of the application. Cari Wolski, attorney at Leonard Street and Deinard, was present to represent the applicant. She disagreed with the way staff had characterized the situation, saying that the proposal was not attempting to circumvent the code but rather to meet it. Ms. Wofski referred to a lettes from staff which indicated how the distance wouid be measured, from the exterior building wall or in the case of a multi-tenant buiiding from the interior wall of recog�ized marketable commercial space, and stated that this proposal therefore meets tfie distance requirement. Larry Soderhoim said that the letter Ms. Wolski referred to suggested tests for what would be considered recognized marketable commercial space - visibi{ity from a main street, previous division and use, and designed for customer access. Staff finds that the proposed partition meets none of those tests. Commissioner Kramer stated that he disagreed with both interpretations, saying that "buiiding wall" means wall of the buiiding, not of the licensed premises. Ms.lNolski repreated her opinion that the staff interpretation of how to measure distance is correct and that the application meets the requirements of the ordinance. She also said that the space can be modified to have its own door. Commissioner Gordon asked abDU# the purpose of the spacing requirement. Ms. Wolski stated her understanding that it respvnded"to a concern about gans and noted that Pawn America does not buy or sell any weapons. Commissioner Gordon asked Ms. Wolski about the buiiding wall definition and went on to state that the Commission may disagree with staff. Chuck Repke, Community Organizer from Dist. 2 was present to testify and neighbors were also present to speak. Sherri Letz, 1939 Montana Ave. E. Block club leader of 1900 block of Montana appeared in opposition. She lives directly one b�ock east of where Pawn America is applying for a license. 99-liit� Zoni�g Committee Minutes September 2, 1999 Pawn America � She was representing the block club of Montana and Hoyt Avenue to ask the zoning committee to deny the license request for Pawn America. She stated that the neighborhood currently has two pawn shops. One is Lincoln Pawn and Jewelry, the second is Floria Jewelers which would be located less than 2 biocks away from where Pawn America has apptied for the license. Her major reasons for coming before the zoning committee were: 1) There is no need or a want in the neighborhood for another pawn shop. 2) There already are two pawn shops in the neighborhood. 3) She cares about her community and her neighborhood, and 4) She would like to see a business located in this area that the neighborhood needs and could use and that wouid comptement the other businesses ctose to it. She went door to door on the biock and got a petition from the neighbors that could not attend. Out of the 67 residences talked with 66 and they wouid iike the zoning committee to be aware that they do not need or want another pawn shop in the neighborhood. She took a personal survey of how many people do use pawn shops in my neighborhood and found the peop{e in the neigfiborhood do not use pawn shops. She asked the zoning committee to consider the neighborhood and their needs and not to give Pawn America the license that they are requesting. Julie Pivick, 1809 E. Nebraska spoke in opposition. She lives about 200 feet from back of pawn shop. She is opposed to the pawn shop because she doesn't think it will add any value whatsoever to her neighborhood. She has talked to neighbors and their main concern was that they have space for the possibitity of a grocery or hardware store. Another concern was that White Bear Avenue would have increased traffic from outside. ;� Lois Gelden, 1826 E. Nebraska Ave. and Loretta Novack, 1474 McAfee were also present to speak in opposition. Chuck Repke spoke in opposition for District 2 and he said he received a cail from Scott Viney of the White Bear Avenue Business Association that they too oppose the request from Pawn America. He also disagreed with the staff interpretation of the definition of building wall and cited the deflnition of "building" fou�d in the Zoning Code as being "any permanent structure having a roof supported by columns or walls. Mr. Repke said that the externai walis should be used for measuring the distance requirements because of neighborhood concern about the clientele and activities potentially outside the licensed activities. Cari Wolski again stated that her interpretation meets the distance requirement of the zoning law. Commissioner Gervais closed the pubiic hearing. Commissioner Gordon moved to adopt the recommendation of staff and deny the application. Commissiones Kramer seconded. Commissioner Engh spoke in favor of the motion. She said that she remembers that the 150 foat distance requirement was included in the code not just because of guns, but also because of noise, lighting, and traffic relating io the pawn shops. Commissioner Gordon spoke in favor of the motion. He stated Pawn America does not meet the requirement of the code, and that the interpretation for distance measurement should be the exterior building wall. ;� 99-ii�� '� � Zoning Committee Minutes September 2, 1999 Pawn America Commissioner Nowlin said that, in order to approve the special condition use permit, the Planning Commission has to assess that tfie extent, location and intensity of the use wil! be in substantial compiiance with the Saint Paul Comprehensive Plan and any applicabie sub area pians. He said that the testimony shows that the proposal is not in support of the neighborhood. He said the Plan calis for urban vilfages and that this is one which we should preserve. He wanted strip centers that support the neighborhood and the urban center. Commissioner Nowlin noted that retaii vacancies are a probiem throughout the region but that doesn't mean an owner can�ut anything in a neighborhood strip mall. The motion to approve denial of the speciai condition use permit for Pawn America was moved by Commissioner Gordon and seconded by Commissioner Gordon. The request would go to the Planning Commission. Adopted Yeas - 5 Drafted by: (p/YL laurie Kaplan Recording Secretary Backup Nays - 0 Submitted by: . � c n•c � ancy Fri Zoning S ction Approved by: t;ttor�-F, � Ghair ,�,/�� J�nn �S �°�eJ.�iS 9 9-i�� Dear Zoning Committee Members, We the nei�hborhood of the 1900 block of Montana Avenue East and of the 1900 block of Hoyt Avenue East want to inform you of our neighborhood needs. Montana and Hoyt are the cross streets of l 546 White Bear Avenue our neighborhood is located east of White Bear Avenue. We the neighborhood, DO 1�OT NEED or WANT another pawnshop located in our neighborhood for two Major reasons and are asking you NOT TO give the license that Pawn America is requesting. 1. WeII do NOT need or use pawnshop services in anyway. 0 2. We cunently have�,� pawn shop located less then two biocks a way from the location Pawn America is seeking a]icense for. i-�lease consider the neighborhood and our needs and do not give Pawn America the license they are requesrin�. , ;� Thank You Listed belo�v and on the following pages are names and address of peopte that titi�e in the neighborhood of Montana and Hoyt that agree with the above statement and want you, infonn you, and ask you please not to give Pawn America the license. Thank you again. � �� ` �� %�� /1�'-�j /�c,�r��,� � �s � � � �� . 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S�� (un �F�+�U� � �� J 0 , �� la�� D �-� � � �-I-�19 I � �/��u�� l�� i1� � ( 99-1�/�a CO�lJ/ �� J � /��`" a��a � �77� ��'�� , /�J�.. �c, . � _ �� I� ��, �� Y � �� - �� s�l �.,� �- �, . - � � �—�'�� C��? ��° �� S �f� G l, �z u� /� � .��ti'� , �/�� /�;�� —,s � ! /�7� .. �-�i� �� 9-�i�� - �� _�,- ��.� ��.�n_� �. ��-Q�� S�- ��ul � .�Sfl�- �r/->>� y�j��/ �� / � � a� 7 �d�� .� s �- ��/��l�i s � ��, � � � �� "� +f�an�a„�g �t-1``�1 99-I»�� Survey on Pawnshop needs or Use. No I have not used pawnshop servies. � � c_ '� � Cu� ��s �� - � � � �� n �.� �G �� w� _� �- �� G� � � �' �� ' , �,� � ��V�,.� - �� C� �� J� �� It 'v , . � �, �� / ��/ � 59-1/l�P `� Survey on Pawnshop needs or Use. Yes I have used pawnshop senies. l i� ..,.-_ w °- :� � m 99-�/ �t� �� 1 � � Zani�(� hle� 99•Z07 C\ �� i�P�y _ � - ��- �..� ��; - - - - -- -- -- - - -- - -- - - - -- -- -- - ----- � �� e � e.� � ��.�..��- -�� ' -�-�-�-�- .�.� � .�,,��-- - ' t '�A�v`--UiCLW - vL. - �'»zo ° . 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U.��C�., ��- -�� r� -�` �,��-t/��' ``� � ± � � ; �,� y �� k `, „�i ' � � � �t/ LZ� . Z�U � �;2��A �Gf��J�� C�a ��i�.o—.� �..-��r�,..� � /��, -��/°�--�-' t�� a � ' B ./,�//�� ' -'�' ,��✓ ��1-�i�c - ° � � . �� ' �� `�ti�� Z� / L � { � -,o ��u��. �=, �� -- - : ,� �� e�Q��-��.��. - l � � 3 _ �' �� i�-2_. ,�9 . �'�� ,�� ' Gi � , r � �. c�2� � ��-�-� � ,?'��zh-� C��. �i � �.�a�- �:�-;� —�� %� .5%eb'e/I!/f k'e%cN.7ifP, �:' %FI.�3 �Nebj^a.SK�i Av� ST t�� ±�. ,�iiy' S"SII 9 ;� �i 9 -ii it� 2oh� �le� 99• zo? �� , Saint Paul Planning Commission Gladys Morton, Chair 25 West Fourth Street Saint Paul, MN 55102 Deaz Chair Morton, The Saint Paul Planning Commission will soon be deciding if they will allow Pawn America to locate at 1546 White Bear Avenue. Please, do not let this happen. We already have one pawnshop located less than two blocks from this location. They aze also btiilding a bingo parlor one block away. I don't irnow how much more of these kinds of places the neighborhood can take. Hillcrest once was a nice place to shop, and it could be a�ain. The decision is up to you. �� From �� ha2 we hear in the neighborhood, the law has to be stretched pretty thin to let this pawnshop go in: Why do you want to do that to our nei�borhood? Please, think about how to make the East Side better and do the ri�ht thing for our community. Sincerely, �o%�sa�..-� �� ,S� � n �. �iv �G�.c.� ,Li_ (/��e � � o G � 99-�� 2ohiny �le �99• � � Saint Paul Planning Cominission Gladvs Morton, Chair 2� West Four[h Street Sain[ Paul, NI�i >j 102 Dear Chair Nlonon, The Saint Paul Plannina Commission will soon be deciding if they wiil ailow Pawn America to locate at 1�46 W1ute Bear Avenue. Please, do not let this ha�pen. We a�ready have one pawnshop located less than two blocks from this location,. They_ are_ - also building a bingo pazior one block away. I don't irnow how much more of these kinds of places the neiahborhood can take. Hillcresi once was a nice place to shop, and it could be aeain. The decision is up to you. �� From what we hea; :n the neishborhood, the ia�v has to be stretched pretty thin to iet this pawnshop �o in. Why do you want to do thac to our neiehborhood? Please, think about how to make the East Side better and do the risht thine for our community. Sincerely, � � ��\-1� � � "L/ � , JU �I r /' �-� �/Z n'� �C� / I v-� � `�' ` ( � 1'� �/ S�s(�� , ;r��u� ��'��-� i�o i F . �c��- �,�-�z-. ,� -��' - �c� rn�. ss i y' L.F. SORENSON, D.D.S., P.A. R.C. - STODDARD, D.D.S. , Family Dentistry Zoning Co�ittee 25 West Fourth St. 1400 City Hall Annex St. Paul, MII 55102 Dear Sir, Re: Zoning File: 9i99-207 Zoning File Name: Pawn America Since I am unable to attend the Thursday, September 2nd, 1999 meeting, I am writing my comments to you as if I were addressing the hearing committee. I am Lowell Sorenson, a dentist on White Bear Ave. My office building is second from the corner on the block immediately south of the shopping center. I have been here 35 years. I sympathize with the owners of the shopping center in their attempt to secure tennants for their vacant space. Shortly after I bought my building, from my partner, about 20 years ago, a long time tennant, a pediatrician, left to join a large clinic. It took 2-3 years to find a tennant. After a considerable amount of time, effort and money spent in remodeling, the new tennant moved out in the middle of the night after only 6 months. I kno�p how they feel about lost income from empty space. However, I do not want to see another pawn shop in the neighborhood. We currently do not have a food store, clothing store or hardware store in the area. These are surely more important than a pawn shop so I don't see the need for a second pawn shop only a couple of blocks away for the existing one. I am not sure how much assistance the owners have sought or what is available to help them find an appropriate tennant. Possibly the city, White Bear Business Association, District 2 Community Council, real estate agent or business consultant can help. At any rate, the entire surrounding community sfiould help in the effort to recruit, retain and support the neighborhood businesses. Complaining about potential tennants, but shopping elsewhere does not help the community. Possibly dividing the space would help. Vacant s�ace is a problem all over Yhe area. Maplewood Mall and t3�e sarrou�d3ng zmpty°space due to excess retail building. The Metro area has a high retail square footage ratio per capita and older shopping areas are feeling it. I oppose the Pawn America special use permit and urge the owners to renew their efforts to secure and appropriate tennant. Sincerely, f /� � .'CC�r ��/`'/''/.nc � - Lowell F. orenson DDS� S cc: Council Member D an Bostrom j 1524 White J3ear Avenue . St. Paul, Minnesota 55106 • 776-1597 99-ltit� :� � �� ZONING COMMTTTEE STAFF REPORT 1. APPLICANT: FILE #� 99-207 PAWN AMERICA DATE OF HEARING: 09/02/99 2. CLASSIFSCATION: Special Condition Use 3. LOCATION: 1546 WHITE BEAR AVENUE 4. PLANNING DISTRICT: 2 5. LEGAL DESCRZPTION: see file 6. PRESENT ZONING: B-2 ZONSNG CODE REFERENCE: Section 60.534(6), Section 64.300(d), Section 64.300(f)(1) 7. STAFE INVESTIGATION AND REPORT: DATE: August 26, 1999 SY: Nancy Frick 8. IIATE RECEIVED: 07/27f99 DEADI,INE FOR ACTION: 09/25/99 A. PIIRPOSE: Special condition use permit to allow establishment of a pawn shop. B. PARCEL SIZE: 1.73 acres C. ExxSTINC LAND IISE: The proposed site of the pawn shpp is a currently vacant commercial space in the Hafner Centre shopping center. Other uses in the center include a print shop, hair salons, fabric store, restaurant, hobby shop, tax service, and coins/collectibles store. O£fices occupy the second level. There is a parking lot in front of the center and one behind the center, both of which are accessed from Hoyt and Montana. D. SIIRROVNpING LAND IISE: ' North: Commercial: entertainmen*_ center, retail, service (B-2) East: Single family residentiaZ (R-4) South: Commercial: retail, clinic (B-3) West: Commercial: dry cleaner, restaurant (S-3) E. ZONING CODE CSTATION: Section 60.534(6) of the zoning code permits pawn shops in the B-2 Community Business District subject to special conditions when the business is conducted within completely enclosed buildings and is separated from residentially zoned property either by a public street or by a distance o£ one hundred £ifty (150) £eet measured from the building wall of the pawn shop to the nearest lot line of the residentially zoned property, provided, however, that a modification may be granted pursuant to section 64.3000 from the foregoing requirement upon conditions discussed in Finding 3 below. F. AISTORY(DISCIISSiON: The property occupied by the Hafner Centre shopping T <� Z. P. 99-207 99-�/��, Page 2 center was zoned commercial in separate actions in 1947 and 1950. A parking lot permit was granted in 1970. The history of the Pawn America application is as follows: 1. Auaust 11. 1998. Pawn America Submitted an application for a special condition use permit at the 1546 White Bear Avenue site. The site plan, dated August 1998, which accompanied that application is attached to this staff report. That site plan shows a 7,686 sguare foot store that occupies the space previously leased by Champion Auto Stores, the existing Insty Print shop, a small vacant space and the £ront portion of an interior hallway. _ 2. Sentember 3. 1998. The Saint Paul City Council adopted an interim ordinance placing a moratorium on the establishment of any new pawn shop pending the study of possible amendments to the zoning code; as a result the Pawn America application process was terminated. 3. April 26. 1999. After the pawn shop-related amendments to the zoning code, adopted by the Saint Paul City Council on March 10, 1999, went into effect and the moratorium was lifted, �awn America submitted an application with essentially the same proposal as the August 1998 submission (see site plan dated ApTil 26, 1999). Staff concluded that the proposal did not meet provision in the zoning code specifying separation of pawn shops from residential zoning districts and returned the application, based on measurement, as shown in attached map. � 4. Mav 12. 1999. Pawn America submitted a revised application with a new floor plan showing an interior partition within the former Champion Auto Parts store space drawn 30 feet to the west of the rear interior wall. The space to the west of the new interior wall was labelled partly "vacant" and partly "common space". Attached to this staff report is a letter dated May 21, 1999, from Larry Soderholm to the applicant explaining that application does not meet the standards of the Saint Paul zoning code with regard to separation from residentially zoned property as the staff interprets it. In the letter, Mr. Soderholm notes "the 30-foot area ,is at the rear of the and has neither visibility from White Bear Avenue nor any dporyrays designed £oY cusomter access. ..[and] ... no evidence that th� 30-foot space has ever been leased previously as a separate commercia� tenancy."� 5. Julv 28, 1999. Pawn America submitted the application which is the subject of this report. The accompanying site plan, dated July 28, 1999, now labels the 30 foot space as "other commercial space". A July 23, 1999, letter �attached) from 1�Ir. Andrew Lee,. representi.ng Pawn America, says, in part, "...[We] will stipulate that the separating space will (i) not be used by the Applicant, and (ii� wi11 be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code _ _ . '�. : � Zt was detezmined by staff that the questions of intenC and interpretation of the Zoning Code being posed by the latest version of the Pawn America application needed to be considered by the Planning Commission, through the normal public hearing process for consideration i� Z. F. 49-207 ( ` _",� Page 3 of special condition use permits. G. DISTRICT COIINCIL RECOMMENDATION: On August 19, 1999, the District 2 Community Council recommended denial of the permit based upon the proposal not meeting the intent of the distance requirement stated in the code. H. FINDINGS: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Aafner Center, LLC. to rent space for a pawn shop. Provided is a lease - agreement submitted to the City wiCh the license application last August. The groposed pawn shop would cover approximately 6000 square- feet, as shown on the site plan dated July 28, 1999. A store £loor plan is also attached. It was the staff understanding from a discussion with property owner Larry Voehl that Pawn America would also lease the 30 foot deep space behind the proposed pawn shop and sublease it to anether tenant. Subsequently, however, Mr. Tim Welch, representing Pawr America, indicated that this other space would be under a separate lease agreement with the property owner, rather than subleased from Pawn America. i� ;� 2. The applicant states the Pawn America corporate entity owns ten � opezating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open twc a�.ditional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states,that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. 3. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that shops be separated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in F above, the series of submissions began with a stflre that, like the --; _previous.�enanE�:=e��eaded_the �1�Eh-af Ehe shopping center building. After staff rejected that proposal based on distance, the store layout was xevised� with an apparent attemgt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wa11 clearly designed to divide commercial spaces (as referenced in F(4) above) was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicant's new 1>b=lling of the space as "commercial space" and a stipulation that the space would be leased for another use. Z. F. 99-207 Page 4 94—��c� As noted in the staff response to the previous application, staff is � aware of no history of this rear area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. To_date, the extent of information about plans £or the space are the statements of Mr. Welch that there are a number of possibilities for leasing the space, that the leasing agent says there wi11 be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Ri�n family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner - Centre. 4. Section 64.300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location aad inteasity of the use wi12 be in s%.abstantia2 compliaace with the Saint Pau1 Comprehensive P3an and aay agpJicable subarea plans which were approved by the city council. . � This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries between residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy aad as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways £or the center. c. The nse wi21 not be detrimental to the existing character or the development in the immediate neighborhood or endanger the *�ublic health, safety and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code ._.____._because.of_the_cgncern that_pawn shops would indeed be detrimental _ to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. d. The use will not impede the normal and orderly development and ,,� improvement of the surrounding property for uses permitted ia the district. 99-i � �� Z. F. 99-207 Page 5 � In consideration oP current planning activiCies, this condition may � not be met. In recent years, the White Bear Avenue neighborhood has � become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White Bear Avenue Small Area P1an which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for � - proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the � � site of this proposal. _ _ _ _ e. The use sha12, ia a1Z other respects, confozm to the app2icable regulations of the district in which it is located. This condition is met. I. STAFF RECOMMENDATION: Based upon Findings 3, 4la), 4(c), and 4(d), staff recommends denial. �� SPECIAL CONDITION USE pERM[T APPLICATION Sain1 Pau1 Zoning Offue 1100 CitySaIIAnaer 25 West Fotvth Slreei Sain1 Par� MiYSSIOZ = 266-4589 .� ...—..,<�.�9..�/.1/..�. : �te� �f�!-�o7 � ��: �00, 0 O ` '��tt ,- £ �ew�..��ve, 'i'2 � (� APPCICANT Name -Pawn America Minnesota, LLC � Address •3935 Cedarview' Dr. - - City Eagan � gt,'MN ZA 55I22 . Daytime phone 65I-68 3-2094 of �nt} Pawn America Family I,imited Partr�rs: PROPERi'Y Address/Location_ 1546 : 'White Bear Ave., St. Pavl, NIl�7 55106 LOCATION Legal description: see attached ' ' Current Zoning B-z i>n�,.r, �a.,;,:,,...., -�--- 1 -- � i � TYPE OF PEFiMIT: Application is� �eby made under the provisions of Chapter 60 ,. V Se�tion 534 , Paragraph�; of the Zoning Code for a: Q Specia{ Condition Use Fermit p Modification of River Corridor Standards ❑ River Corridor Conditionaf Use Permit SUPPORTING INFORMATION: suppiy the in`ormation that is appiicabte to your type of permit {attach additionai sheets if necessary) , � • SPECIAL CONDtTION USE: 6cplain how the use wiI( meet each of the speciz! conditSons. • �tlVER CORRIDOft CONDtTfONAL USE: Describe how the use wili meet the appficab(e conditions. � iv10DIF1CATlON OF HIVER CORRIDOR STANDAR�S: Exptain why modifications are needed. Contact; gc tzi�nn 651-683-I094 See ��tached for �s"ditional infoana��ion , � App(icant's is �Date 2- Z �-��'" City agent 99—� � � c� LEGAL DESCRIPTION � Hayden Heights, VacAlleys Accruing and Fo3, Lot 42, Block 1. � � 99-it �t� �� PAWN AMERICA MINNESOTA,L.L.C. Pawn America Minnesota L.L.C. is the corporate entity which owns ten operating pawn stores in the state of Minnesota and is opening the eleventh in September and the twelfth in October. It's corporate offites are at 3935 Cedarview Drive, Eagan, Minnesota, 55122. The Chief Manager is Brad(ey Rixmann who has overseen the pawn stores since their inception in 1991. 'fhe locations include the following: Rochester, West St. Pauf, St. Paul, Burnsville, Hopkins, Roseville, Robbinsdale, Fridley, St.Cloud and Duluth. Except for the first two stores Pawn America has majored in secondhand retail goods with pawning being a second_ary service. The newer stores vary in size from 6,000 to 11,000 square feet and major emphasis is put on quality and used secondhand goods and a nice retail area. Pawn America's staff is weli trained and reports back to professional operations managers at the Eagan location. 'The current Pawn America stores are open for business on Monday through Friday 10:00 a.m. to 8 p.m., Saturday 10:a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 5 p.m. Pawn America has approximately 70 employees with the average newer store maintaining between seven and nine employees. The majority of these are full time. In reference to the 1500 White Bear Avenue focation, all business would be done in the enciosed area of the building. We understand the zoning to be Ba. The building exterior would be upgraded and the interior retail area enlarged. The normal retai{ area of a Pawn America store is from 3,000 to 4,000 square feet. � In reference to 64.3: Dl, We believe that the use coincides with the St. Paul Comprehensive Pian D2. 'The ingress and egress will be on the section facing White Bear Avenue and there is existing on-site parking. No change from-the previous use or entries is anticipated. D3. We believe that the use will enhance the neighborhood as the building is partialiy vacant. D4. The use wi{1 not impede the normai and orderly development and improvement of the surrounding property for uses perm+tted in the district. D5. The use wil( conform with the applicabie regulat+ans of the,disrict in which it is located. � We appreciate your consideration of our application. �� =�u� �s �9��- � �� " ' J : . �kkt OtT' R -1 • � . S CLE P��ttl . � Pky+H A*'lE1lItR - -►�NMc:��, uc IiVt-uutr�4�R/�{E. ^ : � � � s s •� � '�� . y `Sp N o "' J .: . � �� - ��a -- < � `� , � _ . m _ O° • � - � :K — _..__. ..- � . - . � � . - , 6 ' _ - o a'�y� . � ry . " P �l0 -'- - .�. _ � � _ _ - _ ._, °, � J -� - = _ _ _ _ "_ . _. ; J r . � w 1 ,K � V W S . j ' �� • � _ �}��.i .� -� � � ^' � � s �'�.'.�� J � .� ' 1 a� s� z � f �� < J 1 t � � �D H (*� T C iu t U .,,� a' 99-1�1� �� . c � ;_ �. . C � ''i • � e = a i = . �+ . _ �� . � . _ _""--------_.. . . —�--- _ _____ . _ � � I � �� . ----�-�--.._��_� ' P , � � a 7 � 3' S ! " 4 -�-- s - � 3� s � � 4 f�� t " � .f j.QL� �fu� ti� a � � < m Z c rn c� ; P 0 S � r x > � � 9 T dr-�ft1 tAsu+Fll�h� 4 A+RCE L] � D � ! � �__� �� ,; . o� O u � } � � �s : �� e � B ��'. 0�,, 6 : ,0 �� w o' � a ii � , o� � i �`' 9. M c �' �r v Y �� °,, � o � '' � ` ? G- �\ C � � � ,� - - .� �1 P.t.P,4 Ptqy �c�e w. r� 4 0.0 o� �� 99-�/i� t o FQET i MokrH - � Exa�s�r �-2 FLOOR Pt�+� ➢AwA AA��cA M�NyE3�'TA, LlC i541 wKt�e[�+.+��E. !3 �I �; I I � �'e�a4"� �.�i -� � uaL� atm srreas �r Fc� � Md�„� n � �+.�c } '1 �i `� � Nu�.ioi� f� �� ORrttJ�r .. avrna tlrY ma �M4iORl! 99-l�� LEONARD, STREET AND D£INARD - � PROFESStO\AL ASSOC3ATI0� July 23, 1999 Andre�v P. Lee 612-335-1881 ap11881 c�leonazd.com BY HAND City of Saint Paul Department ofPlanning & Economic Development 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 Attention: Mr. Larry Soderholm, Principal Planner , `i L I Re Special Condition Use Application for 1546 White Bear Avenue, Saint Paul, MN Dear Mr. Soderholm: As you know, we represent Pawn America Minnesota, LLC ("Applicant"). Enclosed are ApplicanYs new Special Condition Use Application and a check in the amount of $500 in connection with the proposed pawn shop at 1546 White Bear Avenue. We are concurrently submitting a Pawnbroker License Application to the Office of License, Inspections and Bnvironmental Protection. I am trazismittin� the enclosed Application directly to you due because of your familiarity with this location. As you previously requested, I am transmittin� a copy of these materials to Assistant City Attomey Peter Wamer. Tn your letter nf May 21, 1999, you indicated that "City staff interpret 'building wall' to mean either the exterior wall or, in a multi-tenant buildin�, an interior wall that is clearly designed to divide marketable commercial spaces." We generally concur with the City's interpretation that the interior wali is controlling, provided the wall legitimately separates the special condi#ion use from the residential use to #he extedt required by the Code (in this case, 150 feet). - _ Ij0 $OUTH FtETH $TAEET $VISF 2j00 hIiNNEAPOL25, ASI\NESOTA jSy02 TEL 6Z2-jjj-Sj00 FaX 612-jjj-16j7 LAW OFF1eE5 IN M[NNEAPOL[5, SAINT P.�VL AND MANRATO 99-��cv Mr. Larry Soderholm _ 7uly 22, 1999 i Pa�e 2 i� We do not understand or a,;ree �vith the sta£Fs position that the nature of the separatin� interior use is relevant, since the Code is merely separatin� one use from another. Nevertheless, we are submittin� this netiv Application, which provides that the separatin� space will be leased to a party other than the Applicant and will be used for commercial purposes that are permitted under the Zoning Code. We will provide you with whatever supporting materials that you need _ conceming this use. _ Since the new Appiication meets the City's separation requirement, and since we �vill stipulate that the separating space will (i) not be used by the Applicant, and (ii) will be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code, we presume that this will be acceptable. i � If you have any questions or comtnents, please call me at your eariiest convenience at (612) 335- 1881. Very truly yours, LEONARD, STREET AND DEINARD Professional Association '�Nl�� Andrew P. Lee cc: Mr. Bradley T{. Rixmann Peter Wamer, Esq. (400 Ramsey County Courthouse, Saint Paul, MN 55102, w/encls.) Timothy Welch, Esq. � � --- � � _ . =- - q9-I/�L January Stil TWT F 5 � ' 1 2 9 S 6 7 6 9 0 71 11 73 74 75 l6 17 78192027 22 23 ?;252627262930 37 March Apri! May June SMTWT F S SM7WT F S SMT'WT F 5 SMT WT F S 1 2 3 4 5 6 7 2 3 7 7 Z 3 4 5 7 8 9 10117213 4 5 6 7 8 9 10 2 3 4 5 6 7 8' 6 7 8 9 T07172 7475T677187920 17121374757617 9 707172131475 13747516771814 27212324252627 781920212223ZS 16l71879102122 20212223242i26 28293037 2526272B1930 23242526272829 272B2930 � 3031 �� July � August September October November December TW7 F 5 Shi T LVT F 5 SMTFVT F 5 Shl7LV7 F 5 Shf 74YT F 5 Sht 7VY7 F 5 7 2 1 2.? 4 S 6 7 7 2 3 4 7 2 - 7 3 3 4 5 6 1 2 3 4 6789 S 9t0 11 12 13 74 S 6789]071 3 456789 � 8 9]0717173 56T 8 4701t ?73i4757 77 t516T718192021 72737415761778 70171213147576 1415161718192-0 12731�5 15 7 6 17 75 J20 22 2� 22237425262728 79202122232425 77167920212123 2722232�f251627 192DZ1 22 23 24 25 >2�293037 293031 26�7282930 24252627282930 282930 26272d29303t � ( 31 AT; �� Cutoff Dates 3u1 b ]ul 20 Aug 3 P.u� 16 Au� 30 Sep ]4 S�p 23 Oct I1 Oct 22 Nov 5 City of Saint Paul Zoning Committee 1 Plannine Commission Schedulc for 19991tileetings 1�Iaitina Date Zonin� Committee Plannina Commission 3u122 AU,a, 5 Au� 13 Au� 5 �� Av, 19 Sep 1 Sep 16 Sep 30 - flcz�4 - — Oct 26 --� _ i�`ov S Nov 23 Aug 19 Sep 2 i� Sep Ib Sep 30 Oct 14 Oct 23 Nov 9` I�`ov 23` D�c 9 P.�g 27 Sep ]0 •. S.�p 24 Oct 8 Oct 22 Ncv 5 lTOV 19 D:c 3 Dec 17 � ° Tuesda}' hleetings " Rezoning Applications must be rzceived 7�vorking d>_ys prior to 2ny eut-ofi date. 99—I//!p � �� °� s Andrew Lee � � LEO\ARD, ST3tEET A�tiD DEStiARD Suite 2300, 150 S. Fifth Streeq O(inncapolis, MY 5540? (61?)335-I&8� �� MAIL TO: CITY OF SAINT PAUL Department of Plan¢ing & Economic Development 1100 City Hall Annex 25 �Vest Fourth Street Saint Paul, MN 55102 Attn: Mr. Larry Soderholm, Principal Planner �� 95-�� ;:�v ; BOARD OF 7pNING INDEY CARD I WHITE BEAR AVENUE Street Entire east side bet. Hoyt & Montana Location & Legal Applicant Council Lots 32-38 inc1. Block 1 & Use *CL ZF Action Fred Herring AM 1630 �'�140984 Hayden Heights Addition (Rezone to Commercial) W, 10' of Lots 30, 40, and a11 Fred & Florence Herring AM 2294 ?�154303 of Lots 31, 39, Block 1, Hayden (Rezone to Corrsnercial) Hgts. (prop, to the e. of above Lots 31-39 incl, and 1ot 40 exc.paster Entrprises P 2619 �r`160962 the E. 30' thereof and vacated alleys adjacent thereto W. '� of Lots 28, 29, 41, 42, 43, ayflower Dist. P 3032 Withdrawn 4/ E B1ock 1, Hayden Heights (parking lot) See £ile onald and Albert Ha£ne AM 6825 Granted (Rezone "A" to Comm'1.) �6245873 See file lbert and Donald Hafne P 6885 Granted (88-car cust. park.lot i�247192 See file Donald Hafner (bldg add )SP 1212 - ..�;�;h: ;,. . . . ^ *Key: A- A�endment pp _ Appeal_=�;P�:-�pe�it I Date 8/19/. 12( 9(_ 8/19f`_ 10/25/E 1/31/70 ! I �l� �� P�w z3 z� _��. �� -2 P'� - �- _ W!/�� Q � l�� ZZ 23 �Z� �� - ��,-��..�. L �� ' Gt.�... - � ' �3-29-22-23-0021-2 02 ST. PAUL * ACTIVE * 07/29/9 NAMES ---------------------------------------------------- FEE OWNER... 12/11/85 WILLIAM W& SUSAN LYNN ABEL 02/13/91 4840 NORMANDALE CT N STILLWATER MN 55D821248 PROP ADpR... 1546 WHITE BSAR AVE N ST. PALTL MN 551061602 - ----------------------------------------------------------------- ------ TAX DESCRIPTION — -------------- — --- ------------ PLAT..00452. HAYDEN HEIGHTS LOT SIZE........�...75,acg SQ F DESC........ VAC ALLEYS ACCRUING AND FOL 1.73 ACRP EX E 29 FT LOT 27 AND EX E TORRENS 29 FT LOT 43 AND ALL OF LOTS 28 THRU LOT �2 BLK 1 ----- — ----------------------------------------------------------------------- COMMENTS------ — ------------------------------------------- — - — -- ---------- NO COMMENTS -------------------------- — --------------------- — -------------------------- EVTER ANOTHER DiSPLAY CODE----> ,� i� . _ - qq-t� �� _ � . � . " � - � '.' 20:iI3iG CODE _ § �5 � �^ � Sec. 64.209. Permit, etc., time lixait. No order of t�e boud o; zoning appeals or the _ city council permitting the erection or alteration of a building or of,'=streef pa;l;ing fzcitity shall b>_ �alid for a period longer fhan one yeu, unless a buildino permit for such erection o* zlferation�is obtainedzvithin such pzriod a�d such erection o: alteratiDn is proceeding w the terms of such _ permit, unless the bozrd of zoning aopeals or the city council grants an extension not to exceed on_ year. Tn grznting such extension, the boazd cf zonino eppeals may decide to hold a public h��r- ing. (Code 1956, § 64.205; Ord. No. 1690i, 4-20-82) Division 2. Plazmino Conmi�sion 2nd YIuLr:i�; Administrator Sec. 6#.300. planning commission and plan- ning or 2oning administrator ap- pro� al. �� (a) App?tcetion to plcnr.ing con,.nission. Fi^.c person ha��ing an ox•ner= O.* leasehold interes! in land and/or bu�ldino (contineent included) is eligible to file an applicztion with the plannin; commission for: (1) Site plan approval; (2) A permit for a special condition use, d=- terminstion o3 sinilar use, nonconforr:- ing use, se casi�nce, river corrido* mc�- i5cation; o: (3) Other maEters provided for in this zo::�; code. All applications shall be filed on approp:;at= forms znd with reouisite fees. ,. Supp. No. 36 {b) Planning commission reuiecu; detegation t� adminislrc[or. The plznnina comr,.ission s'r.=_ll re�ieK• and approve or den}� site plzn;, permits cr other matters. The planning comciissioa shall have the autho:i!}' to inpo>e rez;o. able con�r tions �d limitation; on si:e p12ns z.�d permits; t� grant va,-i�nces from zoai reo la;ions relz,e� to site plzns and pzrmits, znd to nodify or revo�_e pernits. The plannin� co;,�nission nay, by ru?e, delegate to thz p1�-Lrin� cr zo�ine ed:;iinistra:r. its po�:•er to re�i=_w znd zoprove or deny s;c' 616.15 �� V�' (v) � g E. IOWA I l �..,.e �. °°° � �C 2 tw1 . P � 99-i�t�� : 35 36 37 38 ¢_39 40141 42 43 � 44 45 46 47 48 49 5p � e � - 3 ( � � � n�i „� �i ` �� ` AVE. ; ° i � � , L7 I I6 1 IS I 14 l!3 C 1 `� �� (stJ � � (cJ� Wia (m)j :»)� EJ �.6' v p, � ax` � (u9 (aq "' ' � ��r � sa.oaa :.�.>c... � (m`� (uliI�d,' P O1 L�l� Q 3 35 36 37("38 ;�39 V \\� i w 9 ;� 350� GO �� - . ..44� �-xY . -aav L. 1 I V�� --- — v° .�. -�An �e e � ' - ''' 33 34 35 36 37 29�28�Z7,�26 39 Y1>, I 4i ! 421 A3 � 44 � 45 I 46 � 47 � E. MONTANA IG 3v.s O 32 <rl _I ' 33 (ce; 31 30 29 �2b I7 26I � -lcci 11 (cFl ` zc (<zl (cil 35 �" � I hs? (.-.) (iil he) N; 36 (ip �(rs)��61 � 37 39 40 41 42 44 45 � L II a � � r.,s o t 38 �� E. 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' ., ~ I' � ; i � ^ r 1 1l � ' !- i ,� o�; s �� . °i — 53'�5�' S5�55�57�58��9;6D'�51�6> ' - j �" � � _ ! � _ � � � �.,e� ��} � ' � � � � "fwx) � >1 I _ -- .L . — - - � � 51 � 52 � �� , 99-i�i� 1 � i ;, i ; i . ` ;� '�- — c� � � ,— -- I - - � �---- HOYf I I I ' � � � ' � r� � I I � I '` ( i i � � I I � i � � � ! � J ! ,-� -_ -- � I a„::�'::�.�;, ii ;�>� �;>',fr I .?;'a. :� _'" c �" � =`�:��%p�', I � � ._��. � � I • I - -`-' -�;a � �,s�� i , , �, �� >: -,? ' _ MONTANA I I I � � � i � , I � — � � � � i � � I 4 I _ � _ �_ � � � � � _ _�� _ � NEBRAS}(A , � � , , ; � — ; � I � � j I � I I i , I ; I i � 4 � ' � � i � I � �� GP.Ef,TEP, EF,ST SID� f t A� DISTQICT 2 ;i , �co �eco r�n �coo ,cm :ccc S:.t� 1� fEE� �� ,.� 9 �z� � q9-iii� �� , � :� �1. C.V='� 3. E, 5. 6. 7. s. 9. _ 1Q. 11. 12. 13. 1=. 1 �. 16. 17. SL1i IRAY-BATTI.ECREEK-HIGH�VOOD HAZEL PARK �iAT)EN-PROSPERITY HIL,LCREST �VEST SIDE DAYTON'S BLUFF PAl'NE-PHAI,EN h'ORTH END THOMAS-bAI,B SUMMIT-Ur1IVEF2SITY 1'YEST SE VENT�I COMO _ _ . H.4MLTNE-MID�VAY ST. ANTHONY PARI: 1vfERRT.AM PARK-LEXPr'GTO�' I H.-.�SLr_:� TrLSCALESiER GROYELAh'7i HIGHL�vND SUMi�SIT IiTLL DOF,'NTO��(N ZUNING FlL� -2 � CITIZEN PARTTCIPATION PIFiNiv'NG AISTRICTS � � IO . v I �- � O I O 4 � � . � _ 1 O�V 'O C� i � �.. � _� - r-- - I ��000 � �? � � � � 000 T -r—rr� �, � , r� r ---, � �, ,,-T F,��ucr,,:r �At+.)`(� �M�t�fiCts.. 1 �� ' � + AeSO'�rtEC=�:� .. Pu� � r._.�._.._t � ._ _ ��5= t� /` � _ 20!li�y d:S: : C'7J �ddry `� � FI! E � �� / D=�TE � '�� iiiil subj'C: P �'i '�r,; �_- -- F'Lh3 D;ST_�,___ h!�p r� = a�e far- °+^ cc -- �rc-.�..� :� M1':D fz^ :: p .a... i, _- , � �J�o �- _Q mulfi�I� 13:; :ly V v2.�_ �__�_J �_ � � , 4 { � � ( o>n - '. ' ' I � `� Q` L— . 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Gt'7 GaZ t P�� a � � y � � 2 � � � � �. 2 � � 3� o �v `�� Q s � �� oa_r P� DEPARTMENTOFPLAN*R`G & ECONOMIC DEVELOP,�T7T Brain Sweeney; )nferim PED Director � �, �� - �19-/IIIQ � � CITY OF SAINT PAIJL 25 WutFoa,th S[�eee Telaphone: 612d66-6700 No�m Co(eman, dfaynr Sain[ Pauf, MNSSIQ2 Facsimile: 612-228-3220 May 21, 1999 ,� i Mr. Brad Rixman Pa�vn America Minnesota, L.L.C. 3935 Cedarview Drive Eagan, MN 55122 RE: Special Condition L3se Permit Application of 5/12/99 1546 White Bear Avenue Dear Mr. Risman: On May 12, 1999, tive received your revised application for a special condition use permit for a pa�i�n shop at 1546 White Beaz Avenue. I had returned your application of April 26, 1999, because it did not meet the I50-foot spacing requirement from a lot �i ith residential zoning. In your revised application you have attempted to meet the spacing requirement b}� showing an i�terior partition within the building which is 30 feet further from the residential zoning district. The 30 feet between the exterior �vall and the partition is designated on the floor plan as partly "vacant" and partly "common area". The Zonin� Code says the spacing measurement is to be taken from the buildinQ wali. City staff interpret "building �vall" to mean either the exterior �vall or, in a multi-tenant building, an interior wail that is clearly designedto diuide marketable commercial spaces. The_ne�� interior walls shown in your application of May 12 do not meet this test. The 3 D-foot area is at the rear of the building and has neither visibility from �Vhite Bear Avenue nor any doonvays designed for customer access. I have no evidence that the 30-foot space has ever been leased previously as a sepazate commercial tenancy. Tlierefore, I am aaain retuming your application and check for $500.00 becausz the location does not meet the standards of the Saint Paul Zoning Code with regard to separation from residzntially VPED'SYS?�SHARED�SODER£lOL�ZO�INUIPAW� iA�1ER.L72 99'-��1G Mr. Brad Rixman - � May 19, 1999 Page 2 - zoned property. - In addition, because Pawn America has sued the City of 5aint Paul over this matter, please direct any future questions in writing to Assistant City Attomey Peter �Vamer, Room 400 Ramsey County Court House, Saint Paul, MN 55102. Sincerely, " - - �Y�� Larry So erholm � Principal Planner - cc: Andrew Lee, Leonard, Street, and Dinard Peter Warner, Assistant City Attomey � Wendy Lane, Zoning Administrator, LIEP �� \�PED'SYS?'SHAREDISODERHOL�ZO`fING�PA0.'NAty¢RLP_ n nu�s,�e,��- � g-�-� -59 t O WA s�t-a�'f rcPa,+ �.�o � SrS 18.720 � �• _� �D�si-anc.e.. be�wceh r2ar bu�ldinr� Walf of� i�4 b W�,;�e. �ea r Avehu� a� � R`'� Z°n'ir�o� c� is`h�i c�- i�b K�'l tl.0. r� � 03 �{ ?i (so) �:; p.' �.r. ti7-z,o7 9cl-//I�p ��m0� I I o <.n, � 1 � ($�� C�� 02o Csz) o Gee7 Uo�; (icol (99) ( � .�� - G� 8 aa � _ p o' �103� �1041 49 48 oD _�G�� 59.a3o 1.3G x. � I (IOS� �� I� �,4L"� Lr � � 34 35 36 37 � .'�E m \� vi � � � I I rB4i � • oo _ ., �� _ GO . o ' � � .-.-E.�(_I G -' ' •.�r9.• ..4i.. . � ..�.,, _ — - I 35. 5 - - � � Reo.r Su�ld; �a�° � •�_:��`z_� .� o_ _ � ^ waR � y � R con�r.�dis��c�'° �� 33 � 1-�(-Bi` � bcw.d � ----�� { :s�; 2� 28 �( 1 26 � 2� 22 I21 2�p � 34 , � � N�",Y H (19} ��Q. �it) �IG� ��5� 35 ((ti� ;; `ro� rm � ' � i Zo o r'�' s� � - 3 6 � �� W (zz) (zgl Us7> (zs) (w) (u) (za) d : � " I 3 - 37 'b� 39 •'e� 41 4Z A4 45 46 47 4� 49 SO ,---� H� _: I f - - - � � � � i . � 3S ,�� o ,s�r � � a �o ' � F. mo �v TA{�A � � �i . yg-�� ,. v a LEASE AGREEMENT Pawn America Minnesota, L.L.C., a Minnesota limited liability company as Tenant AND � Greenfiefd Voeht Hafner Center, Limited Liabitity Company, as Landlord NaiE : lEaxep ti.F � cuwFal:{ TD z�i'� �L�`H ATTIIPC.L�Qi 7y' ' kP►�,��,�ftoa� lt1 CYk�Rt7S A=l Rk0 A�� — 1 FOR RETAIL PREMlSES IN THE: Hafner Center 1500 White BearAvenue St. Paul, Minnesota :�- � � � tssar� os }AIn,IA1�Cw :.�FRd1i:•I.EOS�AhD STfl�i", �`ID DEItid;D � ARTfCLE I Definitions and Term Sectian 1_ Deflnitions. 99-i//� (i9eD) &. ;' 98 t3:12/Si. 13:1C/iiG. �'.2e10�'.029; P 5 LEASE THIS LEASE is made this day of .1� Au ust, '1998, by and between Greenfieid Voetrl t-lafner Centar, L'tmited Liability Campany ("Landlotd") and Pawn America Minnssota. L.L.C., a Minnesota limited liabitity cnmpany {°Tenanf"). Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (fhe °Premises"). The Premises are situated at 'I500 White Bear Avenue, Sf. Paul, Minnesota, in a shopping center (the "Shopping Cente�') commonly known as Hafner CenTer. Section 1.1 Landlord. "Landlord" has used in this tease shall mean: Greenfield Voehl Hafner Center, Limited Li�bility Company, or ifs assigns. Section 'f.2 Tenant "Tenant" as used in tiiis lease shall mean: . Pawn � America Minnesota, L.L.C., a Minnesota limited liability company, or its assignee or subtenants. Section'1.3 TenanYs Trade Name_ "Ttade Name" as used in connection with Tenant herein shaii be Pawn AmericaTM. � . Section 1.4 Shopping Center. "Shopping Cente�' as used herein shall mean the Shopping Center in which the Premises are located, and shall include all land and structures therein, and shali further include all adjacent sidewalks, parking, signs or public areas for which Landlord has some �esponsibi('rty for maintenance, snowplowing or other activiiy which resuits in expense to the Landlord. Landiord covenants thx�t there wili at all times be a minimum of four (4) reserved stalis for Tenant's employees and customers dirediy in front of the Prernises, and thaf the rest of the parking in the Common Area Yvill be available to TenanYs customers on a non-exdusive basis. Ssction 't_5 Premis�s_ "Premises" as used herein shall refer fo (a) Location 1550 co7ifaining a{otal af 5,200 square feet of gross leaseable area as cross hatched on Exhibit R, and (b) the space, which contains 2,1Q0 square feet of leaseable area as cross hatched on Exhibit A, but which wiil be stipulated to be 1,750 square feet for purposes of this Lease (the "Contingent Space"). � 5ection �.6 Gross Leaseabfe Area. "Gross Leaseable Area" as used in this lease shall refer fo the area designations as shown on Exhi6it A. I6S:192.a6 9S-�i�� Section 1.7 Rent. °Rent" as used herein shaii inc(ude Minimum Renf � and Additional Rent as defined herein. ;� in addifion, Tenant shall pay each monfh during the Lease Term the Landlord's actual cost of relocating the tenanfs currently occupying the Contingent Space, amortized over 180 months, provided that Tenant's mnnthly payments to Landlord for relocation wiil not cumulatively exceed $10,000. For example, if Landlord's relocztion costs were $8,000, then TenanYs monthly payment would be $44.44 per montn [8,000/180j. Further, if Tenant exercises its option to terminate the Lease under Article XX, Section 2, then the balance of the monfhly relocation payments would be immediafely due and payabie. For example, if Tenant terminated the lease at the end of the sixth year, and the Landlord's relocation costs were $8,000; tfisn 'fenant would owe a relocation payment of $4,800 [7a81180 x 8,000]. Secti� 1.9 Additional Rent. "Additional Renf" as used herein is the amount of increase in excess of three percent (3%) per Lease Year in the foilowing costs, over and above the amount of such costs in the first complete Lease Year commencing on January 1 and ending on December 3�: � ' a. Taxes as defined in Article iil. ts�sr_os 2 Paw.vm�.�u Section 1.8 Minimum Rent. °Minimum Rent° shall be the amount to be paid in accord with Article II over the Lease Term as follows: - 9q-i�� b. Common Area Costs as defined in Article 1V. � c. Utility cosfs as provide din Article VI. d. Insurance Premiums as provided in Articie X. Section 1.10 Permifted Use. °Permitted Use" as used herein shalf mean the following and no other use: pawn store, secondhand goods store, video and compacf disc sales (new and used), sale of elecfronics, computers and musical equipment (new and used), and all other lawful retaif uses, provided fhat Tenant may not use the Premises for sale of any product or seivice not specifically lisfed above for which Landlord has previously granted an exciusive use or right to another tenant. Section 1.11 Commencement Date. °Commencement Date" as used herein shall refer to the daie first above written. Section 1.12 Rent Commencement Date. "Rent Commencement Date° as used herein shall mean the earlier of (i) thirty (30) days after Landlord delivers the Premises to Tenant and the last of the contingencies under Article 10 below is compieted or waived by the party benefiting from the contingency, or (ii) the date the Tenant opens for business to the public. � , Section 1.13 Termination Date. "Termination Date" as used herein � shall mean the {ast day of the final month of the Lease Term. Section 1.14 Landiord's Work. "Landlord's Work" as used herein shall mean that portion of the construction acfivity necessary to accomplish the Standare� Tenant Improvement Schedule. Section 1.15 Tenant's Work. "Tenant's Work" as used herein shall mean the construction and finishing work. Section 2. Term. This lease shall be in efFect from the Commencement Date until 11:59 p.m. on the Termination Date. The Terminafion Date shall be July 31, 2013. Rent will commence on the Rent Commencement Date. The period from the Commencement Date through the Termination Dafe is referred to herein as the °Lease , __ Term°. - Section 3. ==PossessPon. Landlord shall have no obligation to de(iver possession of the Premises to Tenant until Landlord's Work is complete and Landlord's contingencies are completed or waived. Tenanf shall be entitled to possession of the Premises on and after such date; provided that Landford shall be entitled to enter onto ti;= Premises on and affer such date for the purpose of completing Landlord's Work, if any Landiorc!'s work remains to be completed, and as otherwise provided in this Lease. ,� ie.r_ar_.os c rwwxAS�.�c+ � 9q��ii�a Section 4. Lease Year. °Lease Yea�' shall mean a period of twelve (12) � consecufive ca(endar months commencing on January 1 and ending on December 31. The first Lease Year shall be that portion of fhe Calendar Year fol(owing the Rent Commencemenf Date. The Final Lease Year shall be the Lease Year commencing on January 1 of the year of the Termination Date and ending on the Termination Date, nofwifhsfanding the facf thaf such period may be less than twelve (12) months. Section 5. Rentais Payable. Tenanf shall pay to Landlord fhe following categories of charges as cent {co{{ectively, "Rent") for the Premises: a_ Minimum Rent; b. Additional Rent; All such amounts shall be due and payable on the first day of each month at Landiord's address as set forth herein or such other acldress as Landlord shall notify Tenant in writing. Section 6. interest and Late Charge. Aii Renf and any other sums payable hereunder by Tenant which are not paid within ten (10) days after written notice thaf such sums are due shall bear interest from the dafe due to the date paid at the rate of 18% per annum or the highest rafe permitted by law, whichever"is less. in addition to the above, Tenant shall pay Landlord a$100.00 service charge with respect to any � �instaffinent of Rent payments not paid by the tenth {90th) day afiter written no#ice that such instaliment is due and payable. Said $100.00 charge is a service charge to paRially cover extra expense invo{ved in handiing definquent payments. Tenant will be charged a$25.00 service charge for any check wriften to Landiord that is returned by its financial institution for nonpayment or insufticient funds. ARTICLE (I Minimum Rent Minimum Rent shall be due � and payable by Tenant without prior demand therefor in monthiy installments on the firsf day of each month, at the ofrice of Landlord or at such other p(ace designated by Landlord. Minimum Rent shall be due and payable in the amoT�nt sef forth in Article 1 herein. Minimum Rent for the first full calendar month of the Lease Term following the Rent Commencement Date shali be paid on the Renf Commencement Date. � tss_sszos � e��.�,�.� (� 94-i�i� ARTiCLE (11 - � Taxes Landlord shali pay Tenant's share of Real Estate Taxes as specified in fhis - Article ill, Tenanf shall pay ifs share of the amount of the increase in Real Estate Taxes in excess of three percent (3°/oj per Lease Year, over a�d above the amount of Taxes in the firsf complete Lease Year commencing on January 1 and ending on December 31. Tenant's sfi�are of such increases in Real Estate Taxes shail be calcu(ated by dividing fhe g�oss leaseable square footage of tfie Premises (including the Confingent Space, if leased by Tenant) by the totai gross leaseabie foofage of the Shopping Center. The term "real estate taxes" shall mean all taxes and assessments (speciai or otherwise) levied or assessed against the Shopping Center (land, buildings, and improvements), and other taxes arising out of the use and/or occupancy of the Premises imposed by Sfate, County or Local govemmental authorify or any other taxing authority having jurisdiction over the Shopping Center (inciuding expenses directly incurred by Landlord in contesting the validity of, in seeking a reduction in, or in seeking to prevent an increase in any such ta�c(es) or assessment(s), but shall exclude franchise, capital stock, estate or inheritance taxes Qersona( in nature to Landlord). Any reductions in real estate taxes resulting from Landlord's coritest of the real estate ta�es shall be rebated to Tenant based on the Lease Year for which such reduction '� was received. All assessments sha(1 be inciuded in rea{ estate taxes as if financed over the longest period allowed by fhe assessing authorify. As close as passible to the beginning of each Lease Year Landlord shall estimate Reai Estate Taxes referred fo in fhis Article and notify Tenant of the estimate of Real Estate Taxes and any amount of increase that may be paid by Tenant. ARTICLE IV Common Areas Section 1. . Common Areas. The tecm. °Common Areas" shal! mean all that portion of fhe Shopping Genfer excepting only_that area whic}i�is constructed for lease to tenants or hereaftec leased to tenants. The Common Areas inciude a minimum of twenty-one (21) paFf�ing stalis in front of the Premises. Section 2. Nonexclusive Use; Easement Agreements. Landlord grants to Tenant, its employees, customers and invitees, the nonexclusive right (except �rrith respect to Tenant's exclusive parking rights which shall be exclusive to l"enant and its customers} cluring the Lease Term to use the Common Areas from time to time � constructed, such use tD be in common with Landlord and all tenants o` Landlord, its tur_ss� o> 5 e�wd,as�cw 9'9-��i�o and their employees, customers and invitees. Tenant shall not at any time interfere � with the rights of Landlord and ofher tenants, its and their employees, customers and invitees, to use any parf of the Common Areas. Section 3. Maintenance and Operation. Landlord agrees fo operate and maintain all Common Areas. The manner and cost of such management, operation and maintenance shall be at the sole discretion of Landiord. Landlord discretion shall be reasonabie. Landlord sMall have the right to adopt and promulgate reasonable, nondiscriminatory rules and regulations which do not inferfere with the ability of Tenant to carry on its business as presentiy contempletsd, including the right to designate parking areas for the tise of employees of tenants of the Premises and.to restrict such employees from parking areas designated exciusively for customers (except for the four (4) parking sfalis provided for the exclusive use of Tenant's employees). Upon reasonable request by Landlord, Tenant shall furnish a complete list of the names of Tenant's empioyees ai the Premises who have automobiles and the license number of all motor vehicles operated by Tenant. Landlord shall have the right fo use portions of the Common Areas for fhe purpose of display, promofions, programs, games or other use which may be of interest to all or part of the generai public, so long as such use does not interfere with the ability of Tenant to serve its customers. Landlord shall have the right to close portions of the Common Areas from time to time for repairs, to preven4 public rights from accruing therein and for any other legitimate purpose. � �_ �sction 4. Common Area Costs. Common Area Costs shall include all expenditures by Landlord for managing (with management fees not to exceed five percent (5%) of gross rents received by Landlord), repairing, insuring (with respect to both the Common Areas and Common Area maintenance employees), operafing, securing, traffic regulating, lighting, cleaning, snow removai, trash and garbage storage and removal, line painting and maintenance, including such replacement of paving, curbs, sidewa{ks, landscaping, drainage, lighting, roof maintenance, and the cost ofi repairing and repiacing equipment used by Landford in fhe perormance of its maintenance obligation, in monthiy payments due and payable with the .monthly paymerts of Minimum Rent. Common Area Costs shall not include the following: leasing comt�issions and costs of marketing; the cost of constructing leasehold improvements; payments of principal and interest on any mortgages, contracfs for deed or other encumbrances upon the Shopping Center, depreciation of the capital cosf of the Shopping Center except as provided above; #he cnst of any items for which Landlord is directly reimbursed by insurance proceeds, condemnation awards, a tenant of the Shopping Center or the like; costs associated with the operation of the business of the entity which constitufes Landiord;swhich costs are not directly refafed to maintaining or operating the Shopping Center (by way of exampie, the formafion o` the entity, internai accounting and legal matters, including but not limifed to preparation of tax returns and financiai sfatements and gathering of data therefor, costs of defending any lawsuits related to maintaining or operating the Shopping Center; costs of any disputes between Landlord and its employees); any expense representing zn amount paid for products or services (other than � overali property managemer�t) to a person or entity relating to or afrilia'ed with Landlord iey_sr �< g P�M'N.b�:[� 99-/�It� which is in excess of the fair market value of such services and products; fees incurred in � disputes with tenants; costs of remediation of hazardous maferials, exciuding law(ul use and disposition of reasonable quantifies of supplies used in the ordinary course of operafion and maintenance of iike shopping centers; costs of compliance with the Americans with Disabilities Acf; or the cosf of any items of repair or replacement which are capifalized for Federal income taxes by the Landlord, except that such capitalized items may be included as a Common Area Cost prorated each Lease Year over their expected useful (ife. Tenant's share of such Common Area costs shall be computed and paid in the same manner as provided with respect to taxes in Articfe 114 above, substitufing the amount of operating costs for the amount of Real Estafe Taxes for the purpose of making such computation. - - Section 5. Capital Improvements. For the purpose of this Lease the costs set forth in Section 4 of this Article VI shall .be deemed to inc(ude costs of capital improvements made to the Shopping Center subsequent to the Commencement Date (i) which wili improve the operating efficiency of the Shopping Center, or reduce its operating expenses; or which (ii) have been made in order to comply with safety or other requirements of any federai, state or local law or govemmental regulation. Such costs, with inferest at the rate of twelve percent (12°/a) per annum or the highest rate permitted by law, whichever is less, shall be amortized over the expected usefui life of the improvement. In the evant fhat such expenditures are less fhan twenty-five cents ($,25) per square foot of the Shopping Center, Landford may choose to treat them as an operafing expense rather than amortize them. Capital improvements shail be !,� �capped at $.25 per square foot of the Premises annuaily. ARTICLE V Use Section 1. Permitted Use. The Premises may be used only for the permitted use ("Permitted Use") set forth in Article I attached hereto, subject to the provisions of Section 2 of this Article, and for no other purpose without the written consent of Landlord. Tenanf shall promptiy compiy with ail laws, ordinances and regulations affecting the Premises or TenanYs business the�ein, plus insurance compa�y requirements affecting the cleanliness, safety, use and.accupation of #he Premises. Section 2. Covenants of Tenant. Tenant sha(1 not, without Landlord's prior written consent, conduct a fire, close-out or bankruptcy sale in or about the Premises, or any "sidewalk sales" or other display or sale of inerchandise outside of the interior of the Premises. Tenant shall not obstruct the Common Areas or use the same for business or display purposes; nor abuse walis, ceilings, partitions, floors, wood, stone or iron work; nor use piumbing for any purpose other than that fior which constructed; nor make or" permit any objectionable noise or odor to emit from the Premises; nor � create, maintain or permit a nuisance thereon; nor, without Landlord's prior written 16Y:89'_03 7 PAaNxs@s[G �9-I! /4� - consent, place nor permit any radio or television antenna, loud speaker or sound � amplifier, or any phonograph or other devices similar to any of the foregoing outside of the building or at any place where the same may be seen or heard outside of the building; nor where loading and delivery services are provided, use or permif to be used ofher entrances for delivery or pick-up of inerchandise or supplies to or from the Premises, or permit trucks or ofher delivery vehicles while being used for any such purpose to be parked at any place within the Shopping Center except such facilities as are specifically provided for such purpose. Tenant shall nof permit any blinking or flashing (ighf to emit from the Premises. Tenant shall keep the Premises and service corridor areas allowed for fhe use of Tenant clean and free from rubbish and dirt at a{{ times. Tenant shail regularly deposif all trash and garbage in receptacles designated by Landlord. Tenant shall riot burn any trash or garbage at any time in or about the Shopping Cenfer. Section 3. [Intentionatly Deleted] Section 4. [Intentionaily De(etedJ ARTICLE VI Utilities ' � �� Section 1. Payment fo� Utifities. Tenant sha!! pay for al4 heating, air conditioning, elecfricity, gas, water and sewer charges used in the Premises. if Landiord elects to supply said ufilities to the Premises, Tenan# shall use only utilities supplied by Landlord in the Premises and shatl pay for all utilities so supplied by Landlord at rates no greater than if supplied directly by-�tie public utilities which would othervvise serve the Premises. Tenant shall pay for such utility charges by paying its stiare of such charges as determined by Landlord, provided that the Tenant may require that the Premises be separately metered or submetered at the Landlord's cost. In fhe event such ufilities are supplied by Landiord, Tenant's share shali be payable as Additional Rent with its Monfhly Minimum Rent payment based on actual billings and TenanYs share thereof. Notwithstanding anything to the contrary contained in this Lease, Tenant shall pay atl charges for utilities suppiied to the Premises commencing on the date on which Landlord delivers �ossession of the Premises to Tenant with all confingencies remoVed. _ Section 2. =tnterruption of Service. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by any other suppiier of any utilify or other service to the Premises shail be inferrupfed or impaired by fire, repairs, accident or by any cause beyond Landlord's reasonable control. ,� l6a`!34205 �-'� PAw,vASo-xCa 9� -�l/t� t� {� ARTICLE VI! Re airs Section 1. Landiord's Maintenance Obfigations, Landlord shall keep all - common areas, fhe foundations, exterior waf(s (except pfate glass or glass or ofher special breakable maferiafs used in structurai portions),. and roof of the Shopping Center and Premises in good repair, and if necessary or required by proper governmental aufhority, make modifications or repiacemenfs thereof, excepf that Landlord shali not be required to make any such repairs, modifications or replacemenfs which become necessary or desirable by reason_of the illegal acts or willfuJ misconduct of Tenant, its agents, or employees, which ai(ow Landlord's insurer to deny coverage Section 2. TenanPs Maintenance pbligations. Except as provided in Section 1 of this Article, tandlord shali not be obligated to make repairs, repiacemenfs or improvements of any kind upon the Premises. 7enant shali at ali times keep the Premises and any equipment, facilities and fixtures, including entrance doors, heating, cooling, plumbing, elecfrical and mechanical fixtures therein contained, in good order, condition and repair, and in a clean, sanitary and safe condition and in accordance with ali applicable laws, ordinances and regulations of any governmentai authority having jurisdiction. Tenant shali permit no waste, damage or injury to the Premises. .Tenant's obligation to pay for the cost of HVAC repairs shaii be capped at�$500 per Lease Year. All additionai costs for repair ofi the HVAG �ystem will be paid by the Landlord. Section 3. TenanYs Obligations Regarding Plate Glass. Tenant shail forthwith at its own cost and expense replace with gfass of fhe same quality any cracked or broken glass, inciuding plate glass or giass or ofher special breakable materiais used in structural portions, and any inferior and exterior windows and doors in the Premises. ART6CLE VII! Instaltations. Alterations and Siqns �'� Section 9. TenanYs Work. On and after the date on which Landlord delivers possession of the Premises #o Tenant with all contingencies completed or waived, Tenant shall enter �he Premises for the purpose of perForming TenanYs fixturing and other Tenant impro`vemenfs to�the Premises (°Tenant's Work"). Section 2. Maintenance of Interior by Tenant. Tenanf, at its own expense, shali maintain its store fixtures, fioor covering, interior painting and dscorating. Section 3. Signage. Tenant shall not erect or install any signs, advertising media or displays of any kind or make changes fa exterior of the Premises which may isr_sszn3 � PwwNAy�%[G 99-i i�t� be seen from the outside of the Premises withouf Landlord's prior written consent, �� which wilf not be unreasonabiy withheld. Notwithstanding fhe previous sentence, Landlord hereby consents to the signage depicfed on Exhibit B hereto, and to the placement of TenanYs signage on the pyfon sign located in front of the Premises at the Shopping Cenfer. Tenant's pylon signage will be at least forty (40) inches by eleven (11) feet. Landlord wil( make a reasonable effort to obtain the consent of the tenants relocating from the Contingent Space to move their signage to the existing "For Pef's Sake" pylon sign. Tenant will have fhe right to piace the signage depicted on Exhibit B on the exterior of the Premises in the same size as Landlord's currenf fenants. Section 4. Alterations by Tenant Tenant sfiail not make any repairs, alferations or additions to #he Premises with a cost in excess of $25,000, or make any contract therefor without first procuring Landlord's written consent. Tenanf shall fumish such indemnification against liens and other ciaims as Landlord may reasonably require. landiord may condition its consent on such indemnification being furnished by Tenant. All afterations, additions, improvements and fixtures, other than trade fixtures, which may be made or instal{ed by either of the parties thereto upon the premises and which in any manner are attached to the floors, walls or ceiling, which are not removed by Tenant or its lender, shall become the property of Landlord at the termination of this lease and shall remain upon and be surrendered with the premises as a part thereof, without damage or injury, normal wear, tear and casualty excepted. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall have fhe � right fo place two (2) antennas and one (1) satellit� �ii�� on the roof of the shopping Center. � Section 5. Liens. Tenant shail promptiy pay all contractors and materialmen, so as to eliminate the possibility of a lien attaching to the Premises, and should any lien be made or filed, Terrant shall bond against or discharge the same wifhin thirty (30) days after written request by Landlord. Nothing in this Lease shali be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability under fhe laws of the State of Minnesofa. ARTICLE tX fndemnitv Section 1. Indemnification. Except for fiabi{ities arising from Landford's intentional conducfl`"or from an act or occurrence for which Landlord's negiigence and wiliful misconduct was the cause in fact, Tenant shall indemnify and save tandford harmiess against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising from the canduct ar manzgement of fhe business conducted by Tenant in the Premises or from any breach or default on •fhe :� part of Tenant in the performance of any covenant or agreement on the part af Tenan� to be performed pursuant to the terms of this Lease, or from any act or negligence or 168'_Y7:05 10 Pad+.v�sx 99-�i�t� Tenant, its agenfs, contractors, servants, employees, customers, sublessees, t� concessionaires or licensees, in or abouf the Shopping Center or the Premises, to the ` extent the Landlord's loss or damage is not covered under a policy of insurance owned by Landford or Tenanf. In the case of any action or proceeding brought against Landlord by reason of any such ciaim, upon notice from Landlord, Tenanf covenants to - defend such acfion or proceeding with counsel reasonabiy satisfactory to Landlord. Section 2. Waiver of Subrogation. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agenfs, servants and _ employees for loss or cJamage to, or destruction of, fhe buildings and other improvements situated on the premises resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any of said persons or otherwise. Likewise, Tenant hereby waives and releases..all ciaims, liabilities and causes of action against Landlord and its agents, servants arid empioyees for I�ss or damage to, or destruction of, any of the improvements, fixtures, equipment, supplies, merchandise and other property, whether that of Tenant or of others in, upon or about tfie Premises or the Shopping Center resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any said persons or otherwise. The foregoing mutual waivers are given in consideration of each other, and the termination or suspension of one shall, with like effect, terminate or suspend the other. �.� ARTICLE X Insurance Section 1. Increased tnsurance Premiums. Tenant shall nof carry any stock of goods or do anything in or about the Premises which shall in any way tend to increase insurance rates on the Premises or the Shopping Center. Should insurance rates on the Premises or the Shopping Center be increased by any act of Tenant, Tenant shall pay as Additional Rent the entire amount of such inci Section 2. TenanYs Insurance. Tenant agrees to procure and maintain a poficy or policies of liability insurance at its own cost and expense insuring Landlord, Tenant and Landlord's mortgagee (if so required by said mortgagee) from ail claims, demands or actions for property damage, personal injury or death susfained by one or more persons as a result of any one occurrence in the amount of One Million Dollars ($1,000,000) (com6ined single limit personal injury and property damage), made by or on behalf of any person or persons, firm or corporation arising from, related to or connected with, the conduct and operafion of Tenant's business in the Premises. Said insurance shali not be subject to canceilation except after at least thirty (30) days' prior written notice to Landlord, and duly executed certificate or certificates for the policies, together with satisfactory evidence of the payment of premium thereon, shall be � deposited with Landlord at the commencement of the Lease Term and, upon any l68'_39'_OS 11 PAwt+Aaax:u ' 99—��ic� renewal of said insurance, not less tfian thirty (30) days prior to the expiration of the � period of sucfi coverage. if Tenanf fails fo comply with such requirement, Landlord may obtain such insurance and keep the same in effect, and Tenant shall pay Landlord the cost thereof upon demand as Addifional Rent. Section 3. Landiord's Insurance. Landlord shall procure fire and exfended coverage in the amount of replacement value and other reasonably necessary insurance on fhe Shopping Center. The cost of such insurance shall be included among the Common Area expenditures contemplafed in Article VI hereof. Section 4. TenanYs Insurance on improvements. Tenant shall mainfain, at_ - its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of all improvements in the Premises in fhe event of a loss, in companies and in a form acceptable to Landlord. The insurance which the Tenant agrees to carry in this section shafi insure the full insurable value of the improvements installed and paid for by Tenant in the Premises. Upon request therefor by Landlord, Tenant will deposit a certificate evidencing such policywith Landiord. Section 5. Nazardous Waste. If TenanPs business shail manufacture, handle, transport, store, dispose or use in any way, any substance or material classified as hazardous by the Comprehensive Envi�onmental Response Compensation and Liabilify Act of 1980 (C.E.R.C.L.A.), the Minnesota Enyironmentai �� Response and Liability Act of 1983 (M.E.R.L.A.), the Clean Air Act, the Soli�i Waste Disposal Act or the Federal Water Pollufion Control Act or any other statutory or regulatory provision, other than small amounts of cleaning and janiforial supplies, then Tenant shail carry adequate insurance to cover any and all expenses associated wifh the ciean up of any spi(i, leak, pumpi�g, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing of any of these materials. Tenant further agrees to indemnify, defend and hold harmless Landlord from any suit or claim as a direct resu(t of Tenant's acfions. ARTICLE XI Fire or Other Casualtv Section 1. Landiord's Obligation to Repair. If the Premises shall be damaged by fire, tfire elemenfs, accident or other casualty (any of such causes being referred to herein as a"Casualt�'), but the Premises shall not be thereby rendered wholly or partially untenanfable, Landlord shall promptly cause the damage to be repaired and there shail be no abafemsnt of Rent. if, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 2 of this Articie, Landiord shail cause such damage to be repaired !� and, Minimum Rent shall be abated proportionately as to the portion of the Premises �6�r� o> 12 e.�.�,�:�. 99-1l1� rendered untenanfabie during the period of such unfenantabilify. Ail such repairs shail ( be made at the expense of Landlord, subjecf to TenanYs responsibilities set forth � herein. Landiord shail not be liable for any interruption of Tenant's business or for damage to or replacement or repair of Tenanf's personaf property (including, without limifation, inventory, trade fixtures, floor coverings, fumifure and ofher property removable by Tenant under. the provisions ofi this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair sha(I be unde�taken and completed by Tenant promptfy. Section 2. Landlord's Option to Terminate. lf the Premises are: (i) rendered wholiy untenantabie, or (ii) damaged as a result of any cause which is not covered by insurance required to be carried by Landiord by the terms hereof, or (iii) damaged or destroyed in whole or in part during the lasf two (2) Lease Years, or (iv) if the building in which the Premises are located is damaged to the extenf of fifty percent (50%) or more ofi Landiord's gross leaseable area, then, in any such event, either Landlord or Tenant may elect to terminate this Lease by giving nofice to the other of such eleetion within one hundred twenty (120) days afFer the occurrence of such event. If such notice is given, the rights and obiigations of the Parties shall cease as of the date of such notice, and Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusfed as of the date of the casualty. Section 3. Extent of Reconstruction. Landlord's obligation to repair or ' re6uiid pursuant to this Article shall be limited to a basic building and the replacement � of any interior work which may have originally been installed at Landlord's cost to the e�ent of +nsurance proceeds availab{e to tandlord for such purpose. 1n no event in the case of any such destruction shall Landlord be required to repair or repiace TenanYs stock in trade, feasehold improvements, fixfures, furniture, furnishings or floor coverings and equipment instailed and paid for by Tenant. Tenant covenants to make such repairs and replacements. Section 4. Demolition of Landlord's Building. If the Premises is so substantially damaged ihat it is reasonably necessary, in Landlord's judgment, fo demolish it for the purpose of reconstruction, Landiord may demolish the same, ii� which event Annual Minimum Rent shaN be abated to the same extent as ifi the Premises were rendered untenantable by a Casualty. Section 5. lnsurance Procseds. -=!t Landlord does not elect to terminate this Lease pursuant to 2 of this Articie, Landlord shalf, subject to the rights of any mortgagee, disburse and appiy any insurance proceeds received by Landlord to the restoration and rebuilding of Landlord's building in accordance with Section 1 hereof. All insurance proceeds payable with respect to the Premises (exciuding proceeds payable to Tenant with respect to Tenant's property and any insurance proceeds paid with respect to insurance policies purchased by Tenant) shall belong to and shali be ; � payable to Landlord. tsr_sr_os 13 ewwv�tcw #� ARTIGLE X(t Eminent Domain 99-��t�o Section 1. Effect of Taking. If the whole or any part of the Premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date Tenant is required to yield possession thereof fo the condemning authority. Land{ord shaii make such repairs and alterations as may be necessary in order to restore fhe part not taken to useful condition and ali Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be reduced in the same proportion as the portion of the gross leaseable area of the Premises so taken bears to the total gross leaseable area of the Premises. if the aforementioned taking renders the remainder of Premises unsuitabie for the Permitted Use in the sole opinion of Tenant, either parEy may terminate this Lease as of the date when Tenant is required to yield possession by giving notice to that effeci within thirty (30) days after such date. If ten percent (10%) or more of the total gross leaseable area in the Shopping Center is taken, or if by reason of a taking the number of parking spaces in the Shopping Center is reduced by more than fen percent � (10%), and if Landford does not deem it reasonably necessary to replace such parking spaces with other parking spaces within the Shopping Center, either party may elecf to terminate this Lease as of the date on which possession thereof is required to be yieided to ihe condem�ing authority,.by giving.notice of such electio� within ninety (90) days after such date. If any notice of termination is given pursuant to this Section, this Lease and the rights and obligations of the parfies hereunder shall cease as of the date such notice is deiivered and Rent (other ihan any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be adjusfed as of the date ofi such termination. Section 2. Condemnation Awards. Afl com¢ensation awarded for any taking of the Premises or the Shopping_ Center or any interest in either shall belong to and be the property of Landlord, Tenant hereby assigning fo Landlord all rights with respect thereto; provided, however, nothing contained herein shall prevent Tenant from applying for reimbr.irsement from fhe condemning authority (if permitted by law) for moving expenses, or the expense of removal ofi ?enant's trade fixtures, or loss of Tenanf's business goodwiil. Notwithstanding fhe other provisions of fhis paragraph, if Landlord receives a condemnation award after the efeventh year of the Lease �term, Landiord will reimburse 7enant for its cost of tenant improvements to the Premises. � I6F_Y4:.0> 14 PnwelA.�e�ew ARTICLE Xlfl �� Assiqnment and SubletEinq 9y—i�ic� Section 1. Assignment and Subletting - Landlord's Consent Requir�d. Tenant shall not assign or in any manner transfer this Lease or any interest fherein, nor sublet the Premises or any part or parts thereof, nor permif occupancy of the Premises by anyone wifhout fhe prior written consenf "af Landlord provided that Tenant may assign the Lease to any entity fhaf purchases the majority of Tenanf's stores in fhe Minneapolis/Saint Paul metropolitan area or purchases substanfially all of Tenant's membership interests or assets._ No assignm�nt shail release Tenant of any of its obiigations under this Lease or be construed or taken as a waiver of any Landlord's rights under this Article. Consent.�y Larid�ord lo ariy sale, assignment or transfer shail not be unreasonabiy withMeld. Landlord's consent shall not be unreasonably withheld or.delayed. ARTICLE XIV Access to Premises Aftef reasonable prior notice to Tenant, Landlord shall have the right to enter � , upon the Premises during a(1 business hours for the purpose of inspecting the same or '� of making repairs, additions or alterations thereto or to the Shopping Center, or for the purpose of exhibiting the same to prospective tenanfs, purchasers or others. Landlor� shall have the right to enter the Premises at any time for emergency repairs to protec4 the property and mitigate damages. Landlord shall no't be liable to Tenant in any manner for expense, loss or damage by reason thereof, uniess caused by Landlord's gross negligence or willful misconduct, nor shall the exercise of such right be deemed an eviction or disturbance of Tenant's use or possession. ARTICLE XV Remedies Section 1. "Event of Default" Defined. Any one or more of the following evenfs shall constitate an °Evenf of Defauft°: (a) The commencement of a case under any chapter of the Federal Bankruptcy Code by or against Tenant or any guarantor of Tenant's obligations hereunder, or the filing of a volun#ary or involuntary petition proposing the adjudication of Tenant or,any guarantor as bankrupt or insolvent, or the reorganization of Tenant or any such guarantor, unless the petition is filed or case commenced by a party oth2r i� 16tC_39'_J> 15 P�werqs�ew 9'9-i�i� than Tenant or any such guarantor and is withdrawn or dismissed within fhirty (30) days � after the date of ifs filing. (b) The failure of Tenant to pay any Rent or the sum of money within ten (10) calendar days after written notice the same is due hereunder. it is acknowledged that, except for Landlord's obtigations to deliver possession ofi ihe Premises, Tenant's covenant to pay Rent is entirely independent. (cj Default by Tenant in t#te �ertormance or observance of any covenanf of agreement of this Lease (ofher than a default invoiving the payment of money), which defauit is not cured within thirty (30) days after the giving of notice thereof by Landlord, unless such default is of such nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall occur so long as Tenant shali commence the curing of the Default within such fhirty (30) day period and shall thereafter diligently prosecute the curing of same. (d) The occurrence of any other event described as constituting an °Event of DefaulY' elsewhere in this Lease or in any Exhibit or Rider hereto. Section 2. Remedies. Upon the occurrence and continuance of an Event of Default, Landiord, without notice to Tenant in any instance (except where expressly provided for be4ow) may do any one or more the foffowing: ' ',� �' (a) Perform on behalf and at the expense of Tenant any obligation of Tenant under this Lease which Tenant has faifed to perform and of which Landlord shali have given Tenant notice, the cost of which performance by Landlord, together with interest thereon at the Defauit �Rafe from the date of such expenditure, shall be deemed Additional Rent and shall be immediately due and payable by Tenant to Landlord. (b) Elect to terminate this Lease and the tenancy created hereby by giving notice of such election to Tenant. (c) Exercise any other legal or equitable right or remedy which it may have. Notwithstanding the provisions ofi clause (a) above. and regardiess of whether any Event of Default shail have occurred, Landlord may exercise the remedy described in clause (a) without any notioe to Tenant if Landlord, in its good faith judgmenf, believes it wouid be injured by failure to take'rapid action or if the unperformed obligation of Tenaat-constitutes an emergency. Any costs and expenses incurred by Landlord (including, without limifation, aftorneys' fees) in enforcing any of its rights or remedies under this lease sha(I be deemed to be Additional Rent immediate{y dus and payable. Sectian 3. Damages. if this Lease is termin2ted by tandlord pursuant ta ;� Section 2, Tenant nevertheless shall remain liable for any and aii reasonable costs, ier_sr_.os 16 P�werwwx:u 99-�i�� fees and expenses including, but not limited to, attomeys' fees incurred by Landlord in pursuit of its remedies hereunder, or in renting the Premises to others. ln any dispute �� between Landlord and Tenant, the non-prevailing party shall pay fhe reasonab{e attorneys' fees and cosfs of fhe prevailing party. ARTiCLE XV! Surrender of Premises _ Section 1. Surrender by Tenant At the Termination Date or earlier termination of the Lease Term, Tenanf shail surrender the Premises broom ciean and in good condition and repair, reasonable wear and fear and loss by fire or casualfy excepted. Section 2. Ho{ding dver. tn the event Tenant remains in possession of the Premises after the Termination Date without execution of a new Lease, it shall be deemed to be occupying the Premises as a 7enant from month to month, at 125°/a of the Annual Minimum Rent -set forth herein and subjeet to ali the ofher conditions, provisions and obligations of this Lease. Section 3. Removal of Tenant's Property. Upon the expiration of fhe Lease Term, if Land(ord so requests in writing, Tenant shali promptly remove any additions, j.� fztures and instaliations placed in the Premises by Tenanf which were not consented to by Landlord, and repair any such damage occasioned by such removals. Landlord may effect such removai and repairs, and Tenant shafl pay Landlord the cost thereof. ARTICLE XVII Subordination: Attomment• Nondisturbance �� Upon receipt by Tenant of an acceptable nondisturbance agreement providing that so long as this Lease is not in defauit, a mortgagee or other encumbrancer of fhe Prem+ses wiil not disturb Tenant's tenancy under the terms and conditions of this Lease, this Lease shall be subordinate to any mortgages that may hereafter be piaced upon the Premises and to any and all advances to be made thereunder, and to the interest thereon, and al! renewa(s, rep(acemerns and extensions thereof; and Tenant shall atforn to sucl�r�mortgagee or trustee. Upon notification by Landlord to Tenant this Lease shail be or become prior fo any mo�fgages or trust deeds that may heretofore or hereafter be placed on the said Premises. Tenant shall execute and deliver whatever insfruments may be reasonably requesfed by Landlord for the above purposes. �ssss� os 17 P�we�Awxe• �� 99-i�i�o ARTICLE XVfll Miscellaneous Section 1. Reiationship ofi ParEies. Nothing contained herein shall be deemed or consfrued by anyone as creating the relationship of principal and agenf or of partnership or of joint venture between Landlord and Tenant. Section 2. Remedies. The various rights and remedies contained in fhis Lease shall not be considered as exclusive of any other right or remedy, but shaff be construed as cumulative and shall be in addition _to any remedy now or thereafter existing at law, in equity, or by statute. No delay or omission of the exercise of any power by either party shal� impair any such right or power, or shail be construed as a waiver of any defaulf or acquiescence therein.. One or more waivers of any covenant, term, or condition hereof by either party shall not be construed by the other party as a waiver of a.subsequent breach of any covenant, term or condition. The consent or approval by either party to or of any act by the other of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the approval of any subsequent similar act. Section 3. Headings. The headings of the several articles contained herein are for convenience only and shail not be construed to define or limit the contents of ;� such �rtscles. Ali negofiations, considerations, representations and understandings ' � between the parties are incorporated herein and may be modified by agreement in writing between the parties. Section 4. Binding EfEect. The covenants, agreements and obligations herein contained shall extend to and inure to the benefit not on(y of the parties hereto but their respective personai representatives, successors and assigns. Section 5. Force Majeure. Whenever a period of-time is herein provided for either party to perform any act, that party shall not be liabie or responsible for any del�ys, and applicable periods, performance shall be extended accordingly, due to strikes, lockouts, riots, acts of God, shorkages of materials, national emargency, acts of public en�my or governmental restrictions, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonable control. The provisions of this Secfion 5 skial4 not operate ta exc�se Tenani ftom prompt payment ofi Minimum Rent, Percentage Rent, Additional Rent or other monetary payments required by this Lease. �'' � Section 6. Recording. Tenant shall not record this Lease without the written consent of Landlord. Section 7. Partial Payments. No payment by Tenant or receipt by Landlord ;�� of a lesser amount than the amount then due under this Lease shall be deemed to ba tss=xros 18 PawNns�ca ' F3Ck. I.EOty'A5D S i t?E�T Ari� DE I Y�c,D Section 8. Brokers. Tenanf represents and warrarrts that there are no claims for broke2ge commissions or fees a�'s�s6 claimed ifirouah Tenant in connection with the execution of this Lease hy Tenant w�th the excep6on af Mike Kohier, Premise Reality, . Landlard and Tenant hereby agress fo indemnify and defend each other against and hofd each other harmless from ati 4iabi4ifies arising frosn - any other such daims for wh'sch each is responsible (including, without limitation, the cost af reasonabie at2orneys fees in conneciion therewith). ather than on account of fhe eariiest partian due, nor shall aay endorsement or � statement on any check or any lefte� accompanying any check be deemed an accord and satisfaction, and Landlord may accept sucfi check or payment without prejudice to �andlord's right to recover the balance due or pursue any other remedy in fhe Lease. { � � .� Seciian 9. Autamatic Termination. Anything to the confrary contained in this Lease natwithstanding, in the event that the Rent C.c,c�mrs}encement Dats shafl not have occurred withir 180 days ftom the date hereof, this Lease shall automatically terminate and shalf be of no �orce or effect. Section 10_ Severabiiity. The unenforceability of any provision contained in this Lease sha11 not afifect or diminish the vslidity of any other provision ofi this Lease. Section 'I't. Goveming Law. The laws of the State of Minnesota shaii govem t}ie validity, perfarrnance and enforcemenf of this Lease. Section 12. LiabiEity ofi Tenant In the event that twa or more individuals, torporatians, partnerships or enlities (or any combinafion of iwa or more thereofl shall sign this Lease agreement as Tenant, the liabii'�ty of each such individuai, corporation, partnership or other entity to pertorm ail obiiga5ons hereunder shali be deemed to be joint and several. ln like manner, in the event that Tenant named in tfiis Lease be a partnership or other business association, the mambers of which are suhject to personal liability, then and in that event, ihe liabiliiy of each such member shali be deemed to be joicat and several. I�cD; c. 5' 98 13:12/ST. 1::19?��. �'.[c10^:�5;; P 6 9'9-// /!� Seztion'f3_ Liability af Landtord_ Except far tort ciaims arising from Landlord's intentionai acts or omissions, anything to the contrary herein notwfthstanding, if C.andiard, its soccessors and assigns, is a corporafion, an individual, a joint venture, a tenancy iR common, a tisrrt or pa�tnetship, general or timited, it is specifically undersfood and agreed that there shali be absolutely no parsonal liability on fhe part of such Landlord or the members of such Landiord with respect to any of th2 tesms, covenants, conditions and provisions af this Leasa, and Tenant shall look solely to the equiry of Landlord, its successors and assigns in fhe properEy, and the rents derived the,refrom, of whicn the Premises are a part for the satisfaction of each and every remedy of covenants, conditions, and provisions of this Lease to be performed by Landlord, such ezcuipafion of psrsonal liabilify is to be absalute and without any 16T_S9:.lb 19 D�rwAw�x� � � 99 �lit� benefit of Landlord's successors and assigns inciuding any mortgagee of Landlord's interest. Section 94. Landlord's Use. Landlord shafl have the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through tfie Premises and serving ofher parts of the building in locations which will not maferially interfere wifh Tenant's use thereof. Section 15. Notices. Any nofice desired or required to be given under this Lease shail be delivered in person or sent postage paid registered or certified mail, retum receipt requested: as to Landiord Larry Voehi Hafner Center LLC 10'100 Crosstown Circle Eden Prairie, MN 55346 as to Tenant ,� Bradley K Rixmann Pawn America Minnesota, L.L.C. ° 3935 Ceda`rview Drive Eagan, MN 55122 and Timothy Wefch Leonard, Street and Deinard 150 South Fifth Street Suite 23Q0 Minnaapolis, MN 55402 Either party may by written notice designate a different address to �,vhich way notices may be sent. ='' ARTICLE XIX Construction of Premises � Section 1. Construction; Plans and Specifications. Landlord shali a# its sole cost and expense construct the Premises. Tenant shall be responsible for construction of the Premises as set forth in Tenanf's plan and specifications, as �sasszas 20 pwvMAa¢sccw 99—�i ic� provided to Landiord lipon Landlord's request and subject to Landlord's review and <� approval. d Section 2. Location of Premises. The proposed locafion of the Premises in the building of which fhe Premises form a part is designated on the site plan attached hereto as Exhibit A(°Site Pian"). Section 3. Ghange in Pians. No such changes in the Landlord's Work or Tenant's plans and specifications or in the Site Pian that may tie appropriafe during the preparafion of the Premises for the Tenant, or during construction, shall affecf, change or invalidate this Lease. Section 4. Acceptance of Premises. Upon taking possession of the Premises, Tenant shall have accepted fhe Premises in "as is" condition and shall have acknowledged that Landlord's Work has been substantialiy complefed, other than a punch list to be delivered to Landl�rd by Tenan# within 30 days following Tenant's possession of the Premises. Landlord shall have no construction, reconstrucfion or modification obiigations whatsoever.. Landiord makes absolute(y nQ warranties andlor representations about or conceming the condition of the Premises other than specifically set out herein. Upon request by Tenant, Landlord shall assign to Tenan4 manufacturer's warranties, if any, regarding equipment or fixtures located in the Premises. • `.� �_ Section 5. TenanYs Work. Tenant shali submit its plan to Landiord for written approval within two (2) weeks of execution of this Lease and prior to any remodeling, renovation, construction or installation of trade fixtures. Tenant shall, as expedifiously as possibie, prepare the Premises, at its own cost and/or expense, for opening for business. ARTICLE XX Speciai Provisions Section'I. :Contingencies. The obligations of Tenanf under this Lease are subject to Tenant's approval or waiver of all of the following matters: (a) Receipt ofi all governmenta( approvals necessary for Tenant's Permitted Use. �' - (b) Receipt of a nondisturbance agreement from any parties with a prior interest to that of Tenant in fhe Shopping Center, insluding contract vendors an� morfgagees. � isa_ss_os 21 P�wvA�sa .1. \" :j� SCi� � �ir" �9.�^/` � -.n" [�, 'A ^•^ I ..F40U hG�?.�7 STfl��T P.�L D�Iy?.,., (;,_.;; c. � �.,�- i. i�:i�;�.+U. [61 P � 99-/J 1� � (c} Receipt of Landlord's approval of TenanYs pians, specificafions and signage. (d) Qhtaining the lease and possession of the "Cantingent Space"_ l� Section 2_ Righ# of Termination. Tenant has tfie right to teminate this Lease an the third anniversary of the Rent Commencemenf pate and upon every third anniversary of the Ftent Cammencement Date thereafrer upon giving Landlord (a) 90 days p;iflr written notice, together with (b} payment on the Termination Date of Landiord's unamortized cost of relocating the tenants currently occupying the Contingent Space, such unamortized cost in the manner set out in Article I, Secfion 1.8. SecEion 3_ Right of First Offer. If any space adjacent fo the Premises becomes available during the Lease Term, Landiord agrees to of`er the space to Tenant upon the terms and condition of this Lease, excepf the rent for the adjacent space wiil be set at market rate, prior to offering or leasing the space to another party. Upon written notice of Landlord's offer, including Landiord's good faith estimate_of the market rate, Tenant musf give written notice to Landlord that it intends to lease the adjacent space within five {5) business days, or its rights to lease the space will be deemed wai�ed. Norivithstanding TenanYs right of first offer above, Tanant hereby waives its rights under this paragraph with resp2cf to the 450 square foot office currently occupied by the comic book distributor. [Remainder of Page lntentionaliy Siank] �- - � , isnsr..as 22 Y�'�YM�PJi:Ca Section 4. Right of First Refusal to Purcfiase Shopping Center_ Lartdlard hereby grants Tenant a right of first refusa! to purchase the Shopping Center aa�e� an the same terms and conditions " °� — �.:.. 9�-�ii� � IN WITNESS WHEREOF, tfie parties herefo have caused fhis Lease to be � executed as of fhe day first above written. Landiord: Greenfield Voehl Hafner Center, Limited Liability Company gy: � �ts: Tenant: Pawn America Minnesota, L.L.C. � BY� � its: � i � , /`i'I A,(>,4 /' <,C_ �, - . � : `! l6S_59205 23 Pwrrt+AS� `LEONABD ,..:.__- ,-.. _ __..:.=.� _� _. : ,,: .. .. .-. .. . . . -_-,. - ,.� : ^_ �_ . �--�x�l¢t� � 99-iii� � ��I �[tl�� o �tX f ,��.�� . - �;�{.� } �_�� 3 � . 5 y �� - - -- - -- -. { -.. ,� ; . - "`�,� - � s a �� .�f :o r� � ;s� � r :� N07 GOMIC ( y08B1E� PLUS � COLLECTABLFS 778-��5� ' �AF�Y'S ` PATRI� ' AL�'ERA�IONS I H�1R �EStG� .�_. _....--- -- - �3C1�'F1`g1"� �c G� • ' . • W '. � N � x a � c� • a o . x t�i � d m � a c. _ t ' � .. . . � N a • �u m• w ca - :� .� 1� ' 4� � � � � �C ��` t 6 `� u t ^ ! N � ��j� J 7 O N � �.A�y ¢ °- � �� c,� c.a� t�ac 99-��i� � ti ' `� `�, � ~Z � � � � "s �� 2 � e o �� s � � �- h � S� � �GE . 02 _ � � ` r :� � _ Qi ,, � � "� :.f:i`[ `' ' ' :::�::=_.. ._.- - t, \� � ��,,,�,,��1�, G�n 1�1.�1 , �� ;� �1�1� 99-/�� 20 SaikPcu(Leg¢II�dRm SeturdaY.hlarch2Y 1999 SECItON 3 iTU ard�nance sM1Vll �akc cltect aM pc In force 30 Aap (nm and a(!m Ilz pavage_awd ava�ma� .�n M��u.:,n�,. Mopud by Counc�l Marcfi 10. 1999 Ymz—Cmmc4lmemle�s Ccnafuv. tl1akcy. Bpllimn Colmu.�. Nartb, Idf�lry. F21Ur—�. Na)'s—O. AyMO.M by Nayer Marth I5. 1999 SUShY KIAf82RLY ' �Ma:M2].1999I CounNl Flte No. 99�T0 — By Dan Bozttom M Mm�ntstniivc Ora�mnn ammd�ng CnaP�R 21 of lirc AEmInWnNC Cade. mu- tled Of(ittr s gua0flwtiona by csupLahing mlmmum quallllcatbm kr t�c unc1ass111vE positlon of Garka antl Recrcauon Dmmar. _ The Ceuncil o( the C�ty of Salnt Paul Dacs Ordaln: SECTION 1 Thm It Is apProptlate �o maCLSn minlmum quallllntiom Wr !M1e Porks antl Recr<mion Dlrmar poswon. SECfION 3 T�m C�ap�cr YI ef t�c Smnt Paul Mmintssmnrc Code Ia �crcby amendetl Ey aEEing n�v muewng aen�an m rcae: 21.08. hrks antl Recrntlon Otrmor The Parka and Nerrmlmn Dirmor sAall havc a bachelors peS�+�d 11w (51 yean ef pvbi�c or priwte ucmr IeaacnM1lp or manaFemrnt experlrn<e wwWng In or Wth 6rge mulufamctl xmce onmma orgamvtmm. ��- SECIION 9 'ITis oram�nce shan �ake ettect a�a Ce m farce ao aan fmm anE aftv us paszagc. xxd aPProva anA e�m o Mop�M by Counc�l MarcM1 10. 1999 Vev — CounclL�rcmbers Benanav. Blakry. OmVam. Gelrnun. Hartla. lanuy. Rtl¢r— ] Nays — 0. AppmveE bY Mayer MarcL I5. 1999 SUSAN KIMBEFtLY IMarc� 2l. I�19 Counctl FAe No. 99462 — By Dan Boslrom M ordirmnce to amentl Ne ]nning Code rc�a�ing b tAC lacatlon of pavmshops. Thc Com�al o! [�e Gny of Sa1n� Paui Decs OMain. SECi10N i Scctbn 6Q53i of tAC Sunt Paul Lcgls�aUVC Cotle Is Aereby amenCM lo rtatl as !ob lows See. 60.53<. Nfveipai mu perm�tted rvbjeet te �yeeW eanpltieeu TTe following addlUOnal mo sM1all pe pe�mlltM, subfecl b l�e stanEeltla speHlled (or all spedal ronOnlan uses as xt forth m ml�on 64300ftl. NI Phne�Py uses perMUed su�)m l0 5M'�'�� ronEWOns a�a0 be �Meve<I vntl approvM Ly t�e planNng mmmb- Nan. 111 AIt uss ae perml4ed anE mgulatetl In tLe B-1 Lecal Buslness Dlattlet untle� ptln- Hpal uscs permluetl subJeq b spcclal mnEltlons. 121 Open alr uxa wMCh are acceuory m a ptlnclW� �x pamitted In the tliw1N anA bcutM on a mning lot at kast tuzmy �M1ODUnd 120.0001 aquare f t in area as ( povvs: a Reull vi�o of ylanb rot grown on �he sl�e. lawn fur�¢urc. P�aygrountl cqvip. m ent. anA 6artlen avppiln: Prehtletl. further. l�at avcA ux aM1all Ec localctl at �.�a o� rt=� or m� nmia�os. �3� Box�linq alley. b11LarE haii. Intloor ar<h<ry anS�� a�r t<nnls rouna nequet Wll and M1antl ball rourts. dance hall. eittVOnic game room. Indaor akating tlnk. tl r slm�lar forms of Ineoot mmmerclal recreutlon wM1en ba4a at I�ast me nun- mtl t�001 feev Gem any 4onl. mr or s�ac yartl or any residrnuai loun an aaJ.i. mt resiemuat a�smct measurca rrom �ne ciosese po�et of tne bu��aing In wnkn tM1e utt Is locatc0 lo ihe closcs( mldmUal property Ilne. HI nmo convemence markcts, aum xm<c stauonn anC eum eyenally aro� suCJ«t lo Nc (ollown8 ronEitlovs: .. m� m�,w�uo� .oa mmm��a�a or an dn�n. a,�e,, sm� aks. pump Isiantls o/ olhcr 6cllltics uxd In conJunttlon wlt� the epcqtlon of Ne eule xr htt sta�lo� shall Ee In acmrtlan<e M�h eurnnl clty apselpca(IOna. Such apccb ❑ationa sM1all �e tlevelepcC py the Nty planning eooMlnnae Ir+!(k mgineer . nd clty Ilre marsM1al. mtl s1ui1 Ee appmaM by �he plmning romminlon. >M mm wm me n�r a�.k. 6. atcn�toaevtterveawthurtenylannnganpanoM�vnnsvrattmirnaahatl be rryulrctl aleng anY propertY llnc oEJolNng an Wsling realticnt x aGJalving _�� i,na w��e ro. n�an,u,i �x. c Thc m�mmum bt arca sAalt bc Ofi«n iMuantl It5.0001 aqvarc f L enC ae anan6� ��at ample apace is awllaEle fer mpror vNlcka wh�c� are mrylmi m wa1L AY�O xMCe Etatbv WMCM1 arc InlMECtl aolCly (w Ih<vl[ Of �a11M.011 an� miner accesmtles aM naving ro(anl�t�ca for inadmtal aeMCmg N auto- moblies pnciuEing lubncat�ng facillllnl mtl auto mnvenimtt �vkeb may bc perm¢dd on a tet of t�<Ive t�ouaand (12,000� aquarc @n. aubJM b all olM1<r prmv�ons hcrc�n requirM. tsi ua�uaconK�m�.i�m�mq.mm��neir.nnu��.n�ame �vur •a�n.nu:i fanm�o ,m m�eeFenq neudeq 9auue wqec� �o com Ntlane ai xt farN Wr RM.� Mul�llamllY ��ntlal Dls�ticl In acCllan 60.NJ 161 Pavn a�oq whm lM1e bminess b ronEUCmE w�Mn eamplelelY eMiesed EullemRa Y of n �[ � n.kinn .na�l nm M � r«,n.� a b y -- - rn.... in. ��Ytl im L]'F� af a nawmFOn + M1� ocit an W 1 n dn al Nenamt�m eavle•n1 C .�..+�.e �„ . .. a. vn (11 nccevery DuuSm6z atrvttu�es ana usn cuxemanty �nctarnt to �he aDO.�e pc-- m��tetl uses 5£Cl�ON 2 SerUOn 60.533 et t�e Silnt Paul 1<6isla:�ve CeEe li n�.�ey a�,a<e �o .��e az roi- lowz s.�. so.saa. pncapu a«s ye.m�«<a .an�a� ro.yecfat eeommem. xn� reno�mq.adiuw,a� � �nan x xmuim. s�qRi m m«e�muo�. n�„an�: �m�a ror eun uu:�e sw�«uo �ne sunouaa s�n�a mr au z�m �onmua� ux, ut fen� In amlan W.9pplcl. NI DnuYpa� uscs permineE suEJect m spttlal ronCC�onz sM1all !e rMewcE and appmveC by the planning rommlsslen. Ip Aumxnxesta�wrts.mmmnvcnicnttmvketz.anaaurospcdaityztoresazreg. vlatcd In t�e B�R Orslrict. 121 Out�oor uicz space Im ihe sale or rcmal of nev, eeronE�anA, or pa.mM amo- mob�lca. W cka. motorcyclo. trallen. or boats. all aubJ¢t te t�c following. a. Thc lot or ara s�all Oc proNEetl Wt� a pevmanent. tlunble and tlusllezs sur 6cw sE shall Ce g.aLetl anE drmnctl as w tlupox of an surfacc waver accu- mulatcd �i�M1ln �M1C araa. L. \kMCUlar acccsa m �he wtdaor sa�es area slup Ee at leau smty (601 (eet &om the Inunettion of any iwn �21 zlrttu. c No repLr w rcMlaNng aAall Gc tlone w �he bt unleaa mnEUCtetl Wthin a mn� Plettly en<bxd Eulitling d. 'ITeminlmumio�areasha116e0RttnthouunE115.00p�aqvare(ttt.Aa�mD�an .n�n x suemrti.d anown� �ne i�yw� er m�.cniaea r r ea4 or reat. empM� yrking a ntl ivsmmer D arkm6. L r. aa u 1 <lo nftM1�vra�w�M� 2 IM 3 imnr �n�. �n..�i,io �.n�n 4 mnhvl n.�e nn W 30(1 � (31 Pawn shoCS wM1m �he business Is eontluct<E W thin cempletdy encloud Ew!tlmgs I fn� � fnllo. nA�l b 'ITere Ix no wna�On W �, 5'�PO (rc �n( M1e � �(� «tl t�n �(p➢,,,m{; u� nrm.pro 1L pnm L dn . n M1er C v r(nr n� ��M��mtl ronm f tl^1� rrrtiltle� alo elelmll�l a o..��n „ „� es am (4) Rcstaunnb.fasP(ootl aubJectlolhefe➢oWngcondWOns: Polnts of vcM1LLVlar Ingrcu v+tl <6rns shail net be onto a slrttt whlch b vzM primatlly for a<ttss b aW LLing rczltlmual pmpaty. e. ro��tn or.zmmm. �ns��u ana cs��+::nm� ee �oczad at �ws� sdty tsol rcr. Gom Nc mtersecuon ef my twe 121 svee(a ane at Inst s4ty 1601 fn� (mm any abutlmg rnldentlal!y mncd pmperty. e. KTen �he mle abuls an allry wF�lc� alw servea rtsldent�al�y zoned �anE. no v fmm Ne slte m the a�lq sAal� be permlited. d SM1C shall Aa�e a minhnum o( one hundrcd �1001 fee[ ef atrttt fmntage on Is p`indpal accns sUee1. c TmaA rccepuvb aha114e Aovxtl In a tfireeeldctl mesenry mclosure six 151 feet h�g�. or eGUa� In n�ism �o m� a�m�«n WmcnM� i. q2,«,.,m na.<.� envance gate mmt�utted ef a tlum0le. opaque rtutenal. L A �ILLm mliesnon pian aM1all be Eeveleped vW submined ro the ptanning rom� mlsslon. wMCh obllSato t�e rataurmt eperalor to keep t�e arca surtounEm; vaa .e:vnuram rme er.e.moam uuc� w. a rcawvam� ae +n�a e�s�ana. g Speakm pox aounEa fmm Etl•rl�mug� bnes sM1eli mt ba plalnly audible m as b mrcawnahly tlbwrt the pmtt. qu�cl anE mmt rt of abuLLing roitle�u>I v�anr n. n mmx. :Rn �o� i�.., ma� nn«� u s� v�� er m� imx'no�s .�rt_.< ro at �Le lot a�alt Ce pmNdetl antl malntafnN. 1 Impact on apjoming property aj ux af tM1e aue mry not rnul[ In tM1e fd:omng i��a. ea.m�e�..m au;�ro��a ooix m.<i� s na�a.m�a�nm<m�aino�.. 3. O!(msrve, oCnoz�oua and tl�smr�mg otlon. 4. Exttssroe ILLmr 5. Ezasslve aNpnal l�g�ting 6 SuEsianualaeereaaelnaEloininRpnpenyvalun. Ist ermnnouaeatormercm�iv�<ory�anugrmmonmey�eaMaa�esorla.nrvr. niw... o��rsm��a n;wvm•m .m c•m�� .�pnun auq«� �o m� mnawns �o�� e::io�� a. 'ITC alange er Wp1aY of anY ��cMab or pmtluem shail mat all xtSack leQYl(eme�lf pIa ]WCIY2. b NI IoaC�nB y�d parking ahall Ce prMtled oR.Mrtet. S wrdeY. TtnrcA 21:1999 .� $oinnPnii! GQUf 6«f�;�v 11 . � � s c. The sbraAe ef:my aoll. fmlLUr or ot�cr Icou. �mµ ckagcE nutetWa alull bc cvmnnM m as w Pre�rm anY cffcas w aepcme uscs. 161 ana o�woe� ,.x.� .,w� wm �wc �o w„m« �m u�� apmuoo M tM1C 8.5 Q.ttfKl as �o O(�.HlNt }�rW�IL' on.3lrttt batl�Of. infl ll�e sJ51t111 O� �F11(S�1Lln Ow. T¢ ptannlnA ��'��++�mr. In tlQttminLµ LLaI W c u5e b Ivmm�bus hW x��i ��x snw rmwr� n�e x�e��,..i„� ar a vi� om�� mcivai„e � nm. W�� aml all usea WtTtn f��ee ��u(ulml (3pp1 feel M tFC iwuntlary e[ saM xlie aper lmpa[eE en v1�1 site ylan. f/1 wto IaunMn Imr uoslJ vM1icl� eu� be ayn�pinely rnclosetl whrn em{ y� upern- uoo e�q¢i m uK roiro.,�g �onmeon: d. M)' accesz Enw shall be Ixaud at leax[ thmY IJ01(ttt Gom anY WaK 5vM Intmeceon. meazureG fmm iLC In4tlar mrbLne mmmrn<ing at Ne In(oeec- tlwi o( ILe WM. b. MY aub wash pne etit sLall be at inst thi[ly (301 @el d�AVrt (rOm vty Arcet 4n<. _ la1 uan�mmeaw�.�imn�m��qrcven�aac,�ueein��ui�a�uanme�id�cen+ai umtY te4dunnl fanlwcs aatl mmt6cnry M1ausmg as pcfnJUetl v W tt}u� 6letl In 0-2 tlusinav Dtsvic�s vnJer Pn��dpa� usrs pernuttcd subJeet b spMal mlWltbrtS 191 Nlull baa4staro, subjccl �o l�e fo1bW ng con��t�ons: a. 'Itm aeuit MoksorC aLa111c Iqy�eal at �eut [xn p�ousinE gz pundreG fMy 12.W 01 mJUi lttl Gom mry othcr mlWt uu In any mun¢'IWLtY. �twv`u�etl In a svalgM line 4om U¢ cbsX palnb of the property 1¢rcs o( N< bullNnss N vhicM1 the atlult uscs arc IacatcJ n n��.awimou.�m.s��+n��«m.a�i�o:�nsinn��a.wtaoo�aawr �r.o�� anY �Itlmllally vnetl propertY In anY n�unRlpaOly. measu�etl Ip> spalght INe lrom tlm tlozest palnv e! t!c pmpctlY Ilnc o( the Euileing In wltich Ne aEult booict�arc ls ImvM m tLe tlozel rmtlrn�ollY �^nctl PropcnY �inc. e The aEWI Eoob�orc shall bc laeatal at leut (our Mun@etl (a00� nElal fM 4an anY'Promctctl use: Ecfinctl az: A Gulltl�ng In wA�ch a n jM�Y of �oor apatt Is , asM Wr midmtlal purposcv; a dvy care crnmt. wisrc such Cay care �en¢r Is a Ptlntlpal usc a �oux of monhry: a publlc I�Enry: a xhwl {publ�c. parxhlal or pnnt< ticmrn[ary. Junlor M1igh or h�yL xhootl. a pubL< reglowl park or pabvay, publtc pvk. publk r¢rtauon em�er or pubLC speclal�zeE e¢rcallon _ fac�biy as mrnuOeE in Nc parks anO rccrcaUOn tlemmt of Ne Sant Paui Comvrcncnsl�e Man: v nm uatlon: a cammunlry rmamUal fadlltY a mluWn ot a �md/nmttl. The tllsmntt shall be meaxurctl in a sVNght Iine from tM1e e1uxM polnt of ltu propenY 1�ne M tfie W4tlinFln.uhlM tfie atlutt Dookstwe ts Ior�tcG w lLe ciosest po�nl a! U¢ PmpertY Ilne af N<bulltling In �vhleh la lacat- <tl an a(orcmvn�mN proicctW ux. E. CoMUlons b. m��/or e maY be vnivctl LY tM1C Plmm6k rnmMSalon If the per- n apPipny 6r l�e xalwr aAall llle v5[h the Plamm�b aEMn�aValo� s m`ucnt yclWOn wM1�ch Intlioln appmvW otNe proposcd aE W i pookarore by nlnelY 190) v=a,n or m� o,o ow�«, wmm �isn� n��a.<a ieoo� aam� r t ef tM1c bt wA¢h lM1e ux unultl pe lacatetl: Ihe Pivming comMS3lon. In eenald<�ng sueh a waiver, s�all make thc (oila 1ng Ontlings That the proppsed use W II not be wntary to tAC publlc Interest ot N�urbus b ncarEy propcNp. aM Nat Ihc apW t anE intcnt ef �MS aettron xill be obxrvctl. tM1al lLe proposetl ux wlll not mlar6c ar enwurasc the Ae.xlopmenl of a'aWErou� arc¢ tM1at Ne esqCpsA- rnt a[an atltlltloml ux af th�s type In the azea w91 mt be eontrary w�nY Pro- gram of nngnborhoW waurvaUOn or Improvemmt. e1NCr rcalErnUa1 oc nom res�dm0ai, aM lAat all appLablc regulauons ol t��s ucUOn 9i be oburvctl. e. NI vgns shall romply w4M1 C�aPmr 66 0( t�c zonmg [atle anE wIN CM1aPlcrs YR anE 2]5 of l�e SaNt Poul I.cgi9a0�c Codc. (. NoycmnsLallengay'clnanSattiv�lYarconduclorpermltanYONerpersonta engage in anY atthitY or mebuct In the adW t bookzmrc vhlch 4 prohiblted any oNmance N the Gq of $ain� Poul, O�e lavs o! Ihe Slate of Mirv�esota. or Ne UnrteE Sums o( Amerka. Nothing In t�b aecnon shall ba wns4ucd as authwivng er permuing coMUCt mMCM1 Is proMOLLCtl or «gulatM �y othcr ataW tea erortlmantts.IntluCmg bul mt IImR<C b. amwtu or ortlmanm pro- A1b1Ong tbe uh�b�t�on. aile or Envlbunwi al oESCenc malerta� gmenlly or Ne a<itlbltlan.:ale wElzitlbutlon ofspealietl matvials m nunora. No obsttne work Mall be ailawN. s. rn� tlly m msvrc t�at no eAange m uze occura anC Nat no aEElUwul adWt uvs c atlEM m the bullNny mntalning Ne aJUlt Eooksmre. h. The aEWt booksrore is eonsitlereE m be ane (tl vx No two (21 adW t uxs ean Ee In IM1< same buddlnS Lut must be apacetl Wv t�ouzmtl slz Aundred (orty (Y.6i0� ratlfal [ttt apart 1. The aCult bookslorc nhall not bc lecatctl W tM1�n a bwltlmg alao useC for resL dcntlalpu�zea (IOtAOUIt eiDamts aubfecl to ITe aame mndmOns llsmtl ahove N subsection (91 (or aEWt bookuores Wth tM1e suEStimno� of t�e pM1mse'atlWt abaref (w the phnse'atlWt booksbre''+'Aercvcr It appcars. Tne atlult cabaret �s eonslCVCd to Oe one (11 ux No Ixo (21 adWt uxs can be m t�e same bwlE�ng but muse be aPacN turo �Iwuun� sR M1untlretl (orry f2. W 01 vtlni (ttl apart �i pAEu�l comersauon/rap pvlors. subJen to Ne same wntllilons IIStN vbovc �n aubscc�an (91 kr aE Wt boaks�arcs. wN lhe subsb W uon of tLC yivase'adult mn- sauoNrap par�or' [or Nc phrasc'aEWt bookstore' wherncr It appears. The +tlWt eonrcrsauon/rap parbr Ia mnsitlereE to be one (q ux. No txo (2� adult n �c in the umc builNng Gu� must Ee apacN two �houuM aL hunErtd fartY I2.6i01 mtllal kct aPUt. (l11 Mv1t h[aY.h{sqns dubs, subJttt ta tTC same cW�O�clanz llst[tl aMVC N subMC- �on f91 (or aEUlt baoWtotts. �n[b �he aubulmtlen o( The pAnx ldutt healtM1/spons eWE' for the phrzx'adWt booksm�i wM1erever IL appears. The atlWt AcaiN/sports dub is cons�ticrN m bc onc (q uw, No tuo �Y� aEUlt mo can n� m mc samc buua�ns em m�:e x sw� �� no�zar�a s� n�nerm mrq 1Y.6�W� raL�ai (eet apart. (IW Mull nus.wpe parlors. sub�ttt m Ne vme cenEl[lons listed above In sabss4en 19I (or atlNt hooksmres Wch Ihc auESO Wtlon of tAe Phrau'aAWt masvgc par- lor' for Nc phnx'ap W[ Eaoksiort vhemer It appears- The atlult AWth/spoM1s club Is eonsitleretl lo be we 111 use. No turo �2� adWt uses ean bC In llrc yame bulitling Eut mmt Ge spaeeC tw tM1euvntl s�s hunErW 0ny �2.6G01 nNal Ittt apart. 1�41/dw� men.mouon prcwre mcaves, suqe�i m Ne same conan�om usiN aW�e m w6xcuen �9� (or adWt baokslores, w�N tM1e subatiwtlon of Ne p�nu •aEWt minbmoUOnplcwrttneatrc'(w(Lephnze'adWtbooksare mpttneri[appears. tAe aeWt ew�rrtwum� p�cmre Neatre Is ronalaerN b be onc Ul ux No mo (21 atlult uxs can be In Ihc an�e bulWmg bul nws� besWaM 4ro tlrawmJ xtc Imn- EtN (oRY IT.6C01 raEml fttl aParl. Usinu�di nnoon r�n�nc niea�m. auu�m �o n�v �,nm ow�LUmu L:e�.l ,h..e F� m�b. M"n�� U14K v4dl la�L,r{an. .Nll� 1{K •++Ir31t1�1xMi N lNr ��Nl.iK .\�MIIi nvNirnl p�a�m w<.,�rc ra nK vn.�',nmv ��«r w�no<. u �vx�.s. n�e ,mm �w� p.ouuv tl¢ave b mmAncl l0 4e une Iq ure. No Wv 19 +Ault usea qn be 4� Ifie v� a buJJn�y but must Ic apacW t�a �lwuvntl vi Luntlrnl forly 2.G101 ra�4��(ala�urt. 1�6)lu1Wt stemn .ao��iwmnwx ranuu�. sub�e[t to �he amc w�WM1�ws IistM ai,o� �� mi. nio�� tsi ro.,dw� �oot.uo.�. mn� m� .�n.ewivo�� or m� ono,� ndui� sicw m/Wlitlwiue Grlli�y for lLe pLns 4uk.�ort v�Lomrr LL aPlxi->-'n�� dWi stan room/LVlld�oux fanLq b mnvticrM b Le onc (II x- Ro tua (YI aE�flt ;�an be 4� the mne buJLhiy but mnsl Le spacM ixa tliousinC a�<LuMr[tl (ortY Q.63% ntlial !m aput. II]IOihcr �Eult usa. sub�ett to Ne vmc condii�orts I�zted aEo.c ta zuUSect�an �9L (o� am�n n�x,io.ez. mn� nm :mnum�w� or m� ne�.,m rom�. ,mm use to. w. pLr�x'atlul� Lwkemri �.Lncxr It aplp�s Tm ml�rr aJitl� um b�w�wlvnl m be oue pi use No txa �2i aEult uses e+n he In tl¢ m�¢ bmlJmg but mmt he spacN t�'u U�ouvn0 slx M1uMrN fortY IR.6i01 rad�a� kct apart. 118)nub mryvr. suqcct m I�a kllootnp condi�wis: a. TLC wnimum Id vea sl.a�l Le Mtm� [Lousand 1�5.0001 vM1�are f¢t. 4. A lnn(uol �an�lxcaynl LuRC wth saim� ylanLny, y�E an Wxunn� frnce x4a11 �`C fCQwK[i dbnQ d�lY V�oN[Ra.luY a�jolnYlQ M Cpstln6 revtlOitt Ot a(1foL1- ms �,,,a m�.ma.�u�i. e. NI r f�m xark A�all be done WUm� an mcbsnl bufltl�ng. d.'qivc shatt bc no wWEe sy2yt. " U91Pr1vule helrstep for m�vqenry metlleil aeMCes �vh¢h are acceswry m a bosPl W. subJttt te lLe caitllllam eet (ort� (or RM-2 Metlmn�-Densly'. Inw�R.0 M W Oyle- Famly R.:siECnllal OISVICI N teeUOn fi0.653. hlrclpal Uus PGm�ItteE $ubJttt b s�„ico�a.uo� (201 Ccllular iticphone antmnaa bcatcd on a GeulanE�� pole. as rcgulamtl In �he OS-1 Dutnvt. aecUOn G0.51<I6)a. tM1musL g @IlACttssory W�IEInBz. strvcturo aM uus an tleG�utl In secUOn 60201. SEC110N 3 SMlon W.552 of We Salnt Paul LeglsW�ve Code Is hercby ammJetl lo read aa fotbws: Scc. 60.552. Rlae�p�l ww pezmltteA, In a B�4 Ccntral Businca DpWa {M1e vtt of lantl. lhc locatlon antl ermtlan of new bulltlmSS or sWCWas. and tM1e altaatlon. WarS�rn[ md rtwnng of Ws(InH builtli�s r sWaures from oNer lacatlom w tlutrlels aW 11 eantorm b lhe fo11oW n6 �K S�ups. unim a�crvltt pnNtletl In Nb cotic: (q hane�cn[ rWErnlla� uxz Ho41s, mo4b and rlubs uuE ptlmarily kr translent Cccupanp'. 12) A{+artment rcaldmtlal uses, To Intivae: a Foslcr Mmo antl 4cestmulmg foster homcs IacalN In muitlPio-(am�ly swc Iw6: b. Humar. servittdicrnutl mmmunity Yoltlmtlal (aclLUCS laated at least six �undred lGW1 sad�at [ttt kom anMhy atm�lar fac}fity anp ixamE In a mult4 Vlchnu� . �.....� . . . . � e TtmsCionyhou5ingaMShdlvalorbattetedyc[mnsloca4dlnrtmltlplefam� IIY aLV<Wres: and E. Hosp¢es IomlM N mulUylb(amliy abucturu (31 fte4ti1 bus�nezs vus: Retall business serving lhe mnvenlmce anE cm�parl5on snoppmb „aa: or �ne aiy am m..�w� e� � HI Scmce busmw uus: Scnnces buslness provttlmg dircct consumer umces. (51 ORtt uscs: Busineu, professlonal and grncrnmrn[al ofOCU aaromnwda4ng a wrictY o(lunMbns SucM1 a5 finv�ct Cory�ntt hcdtlQUa[lvs. scrvice mteryrises aM other ziMlar of11tt devrlopmrnl. (6) PubLC uNrty uus: PubLC utdLLy oR¢s; micphone u<hange buliJin6s: cicctrtc fmnsform<r s[a0ons anE wbstatlons: gae reguUlor sta�ons: ail W thout sbrage yaras. (�l Ott-sVmt par�Ung 6clLtlu parking �amps. Eccks, or gacagcs. Wth fully encioud ssnry automebilc uMtt aUtlana. . (81 Amuxmcnt a�tl rnlcrtalnmrnt uur Comnmrclal rttrcation. thcaten. <at6�g or tltlnkmg p:acu IncNOmg mtertalnmmt ind oNer Cuch usea oRctlnG mtenalm mt to [he uurs af the Central Buslnm D�attleL ' �o� a�:o-mme wtacuung usu wnm��ms wm stwage.<smaea w s,mv�as �IOIGovemmenWl u: Thox uw wM1l[h Rqulrt central locahon l0 eeMtt {he neetls W[he rcgi n the Cenlnl Buainess District. IlpPUbbc an� qmsipubllc u s: Churches, xhwls, liManes. Mspitals. parks, s Gammal orS�+��ons. Nups, famlly day arre group famity day care. gmuy day carc antl athcr aimllar uxs aeMCing tM1C nttES of lhe �eylon v�tl Cmtmi Busmess DbUlct uun. I121NCVSpapc: Publlsltlng 1131 Olhcr uscs wM1ICM1 thc pWnning wmmlsslon sha0 Md b bc: a. ndzim and mzwnae�y neccsezey o. eomawem tor me .uuA,ctory ana em� c�mt operaUan ef a ca+Uai buanass Nzlricl. b. S�m�ar m cM1arvcler b enc or mort W Ne use groups IeEiratttl above. e Olsucn cFaracler iM1at the vchlalar traRC genve[W py such ux Is simliar to one or morc of the amve-pemYUed uzrs. � a. no no«.v« �w.�,tt a, a�n��a m �m. wae. f idl Coll<6� uni�cvsniez sem�wfes and other sueh Inst�NUOns e! h�gM1Cr Imrning Pubirt antl PMnte. eRCtlng mursra In gene+al. l¢hnicL or relly�ous etluca�on anE no[ op<nlW for pmfit. ❑Sioetdmrrcsmramswhma wrymapnnc�paluseandoutEaorfarmvsmarv kets ❑61Ctliular lcicpryane animnu !acalctl on an etlsUng sWClure as pemtlltetl anC rcgu4¢E in thc OS-0 Bus�ncza Dblr4t xcUOn W.512�81 ucept lM1al an�mnas may e�4nA up m torry (<01 &cl abo.e �he atrvcWrai hnght of the swcwre b wMCM1 Nry arc a[tachd. ( V� CuRency e<c�anGC buslncss, ax pe�mlltcd anE as rcF�V�N In the F)�2 Buslness Disttict ur.ticr pnnclpal uscs pemuLLal, xclion 60.532. llBi� h 1 WIIE�nga. aWCtum antl usa az in axtbn 60101 � �19-1�� .1� ( �� r� �y-�,1� � ` � �� ?p SeikPau(L�gutLeJ,cer Sa[vrday.\la:ch?i.l�. SECTON < 11ns er3name sFal� uke eR � and Le m(xce on lM1e �hWCth d y kl�owng Va pas vfc aPPmwl antl PuELCation. mior�n� nr co��m m�.�n io. �� Yms- Coa ��Lnm�bers Onunav. Wsvam. �lams. l�ntry. Rel�c- 5. �ap- d�akry. Colen��n - 2. �Jop�M wt�om StayoYS vFnanm of aPPrmat. (ht m� 2]. 193MJ RESOCVT[ON NPAOVINC ASSESSIRM AND FIXING T[6[E OF AEAIltYG THEItEOV Gnnnr11fl1eNO.99d25-ByDanBosirom - m me m,ucr or me.�ssn,�n� ef en,�ms.'me �„a Q�� vou�s wam s to� J99U1 B 19P I518wrdin6-uP of wtant propMl<s E�rttOg AuguzL ard Dcttmbc[ i938. J990t1111981 W Boartlmg.up af vacvnt propcNla tlutlng Oetobtt aM Na�xmber l998. J9901 V 19B V1 To-w�nK ��antlone.al �eM1leka tlutlng OcmEer 1998. ,19901C 108 t9) Oemollilon of wcant Wildlnys tlutln6 �'emECr I998 �ntl Jmvary anE F<Wvary 1999. J9901 A1 19BY01 Summary AlvKmrnb Ivww anE ar fac icmevLL dw ssndln8 �'+Ikal A.�nn6 JanuM' S FeEmary �999 ,199OIA 198R1I5ummary Abaamenis IproyertY ��a^'upl tlutlngJanuary aM Febmary 1999 'ITC dZXSSmmt ef E[ne��0. COSI a1W Qp[I1X3 fof illd VI NnINY�Of1 M111 tM1e 1110vC Imprwcmmt haNng Eccn suEmlLL<0 ro Nc CouMl�, anE tM Councli �aW�g censldaatl aame anA fowE ��e saW assessment vUSfactory, tMrcforc. Ee 1� PESOLVED. Tnat t�e vIC avcsxment Ee aeW itrc eal�e b Lveby In all reap�cts aOP�w�. RESOLVED FURiHER. lTat � puElie �earing h fi+E en uld �sseummt on tAe SiM1 day ef May. 1999. �t the hour o( 5:30 P.M.. In t�e Wunell CM1amEer of t�c Court Noux and tlry Hall Bv1101ng. In the Cl�y of 5� P+ul lMt Ne V lwtlon and .Weavnmv Engmecr g�ve nouce of aa�d m<cun8+. es reqWrcd by t�e Chaner. staung fn aai�t asuaseE agalrol llm�l t or�lots of i e pamculu o�wror te wham Ne�neuce a m.��e. Fllc Nor J9901B. J9901B1. J990t V. J9901C. J990tA1. J9901AAftess:nen� Nm.9615. 981G981) 98I9.9820.9821. AdepleE Cy Cwncll March 10. 1999 Ccni�ed Paacd by Cauncil Secrctary N��Y M'DERSON IMarcM1 2). 19991 Summary Minutes of the Saint Paul City Council 3:30 P.M. Room 300 T'hird Floor City Ha11 and Coud House Salnt Paul. Minnesota 9. Remo�M for dvcussion 10- Resoluimn 98dOT_ - Aut�ownF t�c P�Kr Clry Mrlxis to m�e: mro t]c nn ssry aFrccmmiz �o attc�� +�A ex�+entl 52.500 of �nnt (un�lin� from �f�n�ss� Amaieur5parbCnmmisvonl.�Li5C1'MigMYwtlz forsponstt�n,pn��m um(or. x�wi�..n�r�. ann mm�nai io Y� �v a.nn.ess�o� n.�w a� no�.R.�.rt�a«n.,�. Crnmr. MoPted: Y<as -> N.�ys - � 1 L RemiuGOn 9P-10]3 - EzuE115M1mg a spendmg ptan (or lhe I.ocai L w Enbrart B�mk Gnm Itl remvcd from the Uurnu ofJUSt�tt MMnL tmeon. Mopte3 Teas-) Nays-� 12. Remlutlon98�IWa-CancurtinF��tTCBoartlofWaterCOmm�ss�onersaecL uan ot ttnain real Propcmes m Wm�ey. Moka. and Oakeu Commes ax snn, propenY antl mNOrizln69��clalm of t�e Cu�'v mmret In tM1e Properua m fevo m. noa.e. Mopted:TCas -> Nayz- D IS Rmlvt1en98�10'IS-AUtM1atlxln6�heDlrMOro(PuhlleWOrkslorMUCSte to FLnec»ta AW<8820.9936 fo� thc Cagn epeeL M a hortonml curvc an Via Sircct at Te�rmka Aven� ��<rscctlon. Atlopmd: Yeaa- ) Nays - 0 li. ReaWOan 98�10]6 - Csvabl�sTfng t�e eate af mmpensallon for ll¢ alass of u�nmos omn:i. . AtloP�R�� Yeaa - ) Nays - 0 I5. Femlmlan 9&IOT/ - FsbCllsMng ��e nle 0( paY (w !Le Illic of'LIEP Hdy L CaorElnatoC Mop�cd: Tns-> Nays - O I6. Rewlullon 984 W8-AUlhotlzing t�e proper Clq efllcials to Iseue a«funE el $eu2� Malla�lLty C�alqc lo HM Melro Bulltlns In ihe amounl of J I.ObJ 00 fdoptcC�. Yms-i Nays- O t]. PewW Wn 9Bd0'!9 -SetUng a pubile Tmtln6 ��e for DccemMr 23. 1998, to s�der Inereuing Ne S�w*+ �mtt Ava�WWl�q CMrg< I�q Gom St.000.0 SI.OSO.00beglnnlnBJanuary l. 1999. AEeytcd: Ym -> Naya - 0 ' 38. itexalutlonApprevinglaussmcnt984080-�nth<ma ing a perrtunmt easunem near tfie Interxctlen ef Kmny RnaE and Demto St and xning tlatc of puD��e heatlng (m January 2J. l999. IFlIC M 18856E1 AEOptcd: Yeas-] Nays - 0 19 Rcmlutlon AppmNng Aucs+mmt 98-0OBI -In Nc maller of inedcmning anE fng evscmenu near tM1C Inmrsmlon of Mari16e ian< eM Point Oeuglas eoad. scuing Eam of puDllc ��ng for January 2). 1999. �Plle �188]5£� Mopicd Yeaa-JNay�-0 20. Pre1�rtYnary Order 98�1082 - in lhe maVa of ImproNng Vic�otla Svttt �aeyentmr m.vlm�on Avenun w¢M1 Efmmvrous roaEway. mnemte eurb anC ter. roncrcte diMeway ePrortS anE outwdlks. Wu4vdid lMding. Irtt Plantlng. swmon or. �ana<.� an�� snung ry:tm,. ana el� oma.wrk o�ccssz.y �o aom improvemenb fot lhe Gmtw/HOyt 5[rttt PaNng antl ll�ting ProJ¢L md ae dam ef pub�lc ha�nglm Febrva+y 3. 1999. (Fl�e+18886N Adoptcd: Veas- � NaYs - 0 FOA DISCOSSIOY 5 FewluUOn 98� 106> - Flna��arig Qly Ceuncll acHOn pken Novem�er 12. 1996 4 Ing t�e appeal of MqNn Sple6lcr Pmpcnlcs LP m a tlMS�rn o( ID<nannmH �mme cpDroHng a parpng mmp proposed Ey Pak N Jet a[ Y951 Sfiepartl Roatl. Cwnetlmembcr Harrls movetl b Introdutt a substlWte rewNOOn nonng that Nne > �ypograpincal ertor m �hc or�gtrwl ttsolutlon. SuESUwm InvotlucM and atlopted: Yns- l Naya - 0 6. F<mWt�on 9&]O68 - �ons�dcrinS �T� nquezt of Poeja. Inc.. I<9 East llnrv� $unll[tflTy MiLVtGS DtCCmbef 9. 7998 A�cnw for a atay o! Councll F11c 98� 1012 adepted NmmCer l2. 1998. ycntlmg < ila mmiing wes rn11N te ortler at 3:50 p m. by Cauntll PttslEmt Bostrom. mination of �Aar<ase by tM1< Court ot Appeais. Presmt - Benanav. Blakry. Bos4om. Col<man. Hartls. IavM. ��«+-�. A0.senl - 0 P�� BfT^°• �m9ant Clty Atmmcy. statcd �M1at t�b ma<ter Imro�m t�e L wM1lch Pooja. Inc, appealed lu cax to t�e Court o( Gppeal% Bctert Uc appllcm CONSENT AGEYDA aOP�Y �e lM1e Court o( Appeals (ar a stay of enfommen� O( the Qty Counvl decslo Couvc�lm<mber llaMS r<queslM itcm 5 Ee rtmwN for tlizcussbn. must repvezmE a svay from t�e Countli. Smven %dly. 9s`utlgan and Kc11y law Councilmember B�akry requested Rem 6 be rcmaved fo� dlacuvioa - appearetl and statetl M1c waa appcaring �efort theqty CouncO on Dchalf of Poo�a, l�. Councllmemixr laniry rc9ues�M Ilem 9 Ec rcmmed fo� distuvion. _ .. rcquest t�e Cama'i stay tM1C tlrnla� of a Ilemx appLntlan. Mr. Rclty stoled tM1at N COW �f�ITGTbC� H,�.,. �,w.ru w� co�� ns��na .z amma.a �� n• =rv�� ro.< <n� CW AC11. 11�ne W 3 N��Cd�MtlO 25� p011tt <��IS l� Yma -6 Nays- 0 Pmperty. �oxevc¢ ��ere were ac�ually only IB polltt reports`ITCrt wasrlm a suta t�e mmpa^Y hM� �^ opeating wlthout a ��ttnse Nowe��r. tlty staff naE recomr. TOH ACfIOtt - M that Tnvel lnn tnttt In�o a mvugement apttment W[� [he Immer mmcrs pe 1 �pprer.tl of minute otOcmECr 28 anA NovemMr 4. 1998. -' y Aetlslon on Nc Ycenu. TLC stay uas granictl and, fiertlar<. Tn.<I inn wvs opn AdopKd Yms-9Nays-0 � ^ � xithtM1eopllontormulatMbyCitystefLMCKC 2. Clmms elJeann�e Gatl�n. Mark Cenareuz. Erik %avu�avgh. aM MR�tlIN'aylee 5Uy aM II tM1<weWiuoeu a�e rot met. lM1C stay can Dc pulietl. Re&rtal m t�e tlty Atmmeys Offcc. - � �irpJnia Paimer. Au�zvmt C1ty ritarney rtprcunting tM1c Ofiltt of Umse i�upcc 3 Mmm�srotive ONers � - and Emtronmcmal Roltttlon WE�. appcaretl antl ttatca tiwt UEP �s In op�ros¢ U00141]AU1�otlzinglAeDCFN�nm�ofFrcaMSaklY�stepay(oralltesls t�eaLY.S�eeMpl�at'OThnmatttrMSgonemOrcCOVrte(Appca1s.51evcrtKe!�) urrN �o liol� a Cneca� Strcu Inaaknt DebtleMg rn Sepmmber �), 1998. �_ ratM thai Pao�a. 3nc was ro� opentmF �nth a licmss Eemux lfiere wns a maw5�. D001618 Au�herlxing tM1e Department W Frte and Safey Sr+Ntts to pay fw all rosts aF�^�^�� Howcvec Mr mcwrM �o mmplem a female fnf�h�er rnvantt mt nornYnR atudy ��mer u1d It Is Importanl to notc lM1at thae nevet wes a llcensc. They appim? 000�619 Nncnaiin tM1e �998 b�Aet In the Depanmmt of Tee�roMpy and �R��4f�edeNed.]heAAmmistntivelawJUtlR��ldeterm:nMi�cre.� m.ma i Servmes 55.000 bud YiM Wr an in�em In 91P69 to ron. mnmuons umer rmm� tM1C Eus�ness eoW� opea�e. The Ceuna� madc a anr.mn gcn�m ty monnF A ��at �OC Dus�n�u fs tictr�mm�ai �o the public xeii being and sa&tv antl. for tM1at r� sulhng ob�m cMC, tTe Counal s�outC deny the rcquez[ !or a smy o( the tlrnlai. Countllmca�ha t DW I610 TmLatlz�n6 �� Cn Ven SeMtt 01ttt/AlarkcUng aM Promdlans lo yy �d � tlmy lh< stay. Ts Nts hnnershry <iR.500 DO for Wo kiosks wLICM1 w+ll Waally be bnmtl at t�c �optctl as ammLeE: Yeas -� Nap - O Mall of Nnenr.� vntl Umm� Dcpo� 9 Rewlvt�on 98-I W I- Aut�on ing �hc Preper Oty af11Ha15 to en:cr mu v`<'. No�etl as on fie in Ne C�q Ckrk's Offre. sary a6reem.rnis b acttP� anE upentl 55.000 W 6rant tunticg Go�� .+•:- S RaSOINIOn9R�1066-flnuLZmeCllyCOUn[ItacOenfakenOCte�erl�. /ypa�m�5pp5COmMS5fon1AV5C1'M mg i�e aypLCmmn M DonaiE F'raLle a�M 4even Wlnarcr b mnne D�MnY fmm ke��a�l iom krs at CPnvay Rn+ea4on Cmmr. R\I-2lrmdmual multiPlo-(amtly) m 82.0 ICOmmunlry BusiMas CanvertMl m allow Counalmcmper Blakry mmxtl aPpmwl an of n e1nF�r fannly �rn�zr 10 an Inmrantt o111tt ux a� 1388 Gnn�i benue bopleC Yeas - 6 Nays - O ACStmtlon - I l�amryl TCOp�M: Veas -] Nays - 0 2L Resolut�en 9b-ID83 - TaePling the 1999 tlry ef Saine Pau: �� Lov pa�i, 5 P�n�metl (e� <Ilxvvlon 1993. 4 RnwvN for tl�uuvlon Joe Rtltl. prttttar. O(�[e of Flmne1a15eMaa. dppeartd .v+E 5[me1. !hr�c'e ] Remivuan 98.IC69 - ApProN�G ��e �ealsion of @e Is¢slatlre Heatln6 O(ficn an mveau �n t�e tu le+y anC �t lollow� t�e mss�mum levy xt en.LC [` z�.e IYryanr Cale F.�Rnrnnw u nppeals Inr pmMnv IoneM at 6iJ Vir�lnla SVeel. 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Rewlutbn - 98.IW0 - Nnentlmg the I998 GP�� Impmxnrn� BuC6'�t by ��y�y BuEget. aM�n� 5380.000 �o �I�e IsOA Grovelami %aY Mea uW Sihwrk Prqn't Couk�lmemper Harxl: mwN aPG�'r+i n�4rynrtP Yra. -] Nay� - O Mopu+L Veae - 9 Nap - 0 � 99-��i� city of saint paul planning commission resolution fiie number 99-60 date September 10, 1999 �VI-IEREAS, PAWN AMERICA, file # 99-207, has applied for a Special Condition Use Permit under the provisions of Section § 60.534(6) of the Saint Paui Legislative Code, to allow establishment of a pawn shop at 1546 White Bear Avenue, legatly described as Hayden Heights, VacAlleys Accruing and Fol, Lot 42, Block 1, and WIIEREAS, the Zoning Committee of the Planning Commission, on 09/02/99, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantialiy reflected in the minutes, made tite following findings of fact: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approximately 6,000 square feet, as shown on the site plan dated July 28, 1999. The applicant states the Pawn America corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year, The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that Yhe Pawn America proposal does not meet the Zoning Code reqairemenY that pawn shops be separated from residentially zoned properry by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History section of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout moved by Getvais seconded by in favor Unanimous against � 99-» it� Z.F. #99-207 Page 2 of Resolution was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requiremenY is met due to applicanY's new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. As noted in the staff response to the previous application, staff is aware of no history of this reaz area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the extent of information about plans for the space aze the statements of Mr. Tim Welch, attorney representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Riacman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. 4. 5ection 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantia! comp[iance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciG This condition is not met. Policy 5.2.4 ofthe City's Land Use Plan says that "the City�� will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries beriveen residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequafe ingress and egress fo minimiZe traffic congesiion in ihe public sireets. This condition is met. There are no changes planned to the parking lot or driveways for the center. c. Tf:e use wilf not be detrimenta[ ta the existing character of the development in the immediafe neighborltood or endanger the public Izealth, safefy and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops cvould indeed be detrimental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may bejudged detrimenta( to the residential character ofthe ` � . Z.F.#99-207 page 3 of Resolution immediate neighborhood. 99-1�t� d The use wi11 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the disirict. In consideration of current planning activities, ihis condition rnay not be met. In recent years, the White Bear Avenue neighborhood has become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White $ear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located This condition is met. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the auYhority of the Ciiy's Legislative Code, the application for a Special Condition Use Permit to allow establishment of a pawn shop at 1546 White Bear Avenue is hereby denied, based upon Finding 3, that the application does not meet the Zoning Code requirements that pawn shops be separated from residentially zoned property by 150 feet, Finding 4(a) that the extent, location and intensity of the use would not be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council, Finding 4(c) that the use would be detrimental to the existing character of the development in the immediate neighborhood, and Finding 4(d) that the use may impede the normal orderly development and improvement of the surrounding property for uses permitted in the district. QR��I�AC� Presented By WHEREAS, the Commission's Zoning Committee conducted a public hearing on September 2, 1999, after having provided notice to affected property owners, and submitted its recommendation to the Commission. The Commission, in its resolution No. 99-60 dated September 10, 1999, decided to deny the application based upon the following findings and conclusions which are based on the evidence presented at the public hearing to the Zoning Committee: Council File # qq � �`\ � Green Sheet # _i��.l�t{� L4 Refened To Committee: Date i 2 WHEREAS, Pawn America Minnesota, L.L.C., in zoning file 99-207 made application to 3 the Saint Paul Planning Commission (Commission) for a Special Condirion Use Pernut to aJlow 4 establishment of a pawn shop at 1546 White Beaz Avenue, legally described as Hayden Heights, 5 VacAlleys Accnring Fol, Lot 42 Block 1; and 6 7 9 10 il 12 13 14 15 16 17 18 19 20 2] 22 23 24 38 34 40 41 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Pawn America Minnesota LLC has a lease agreement with Crreenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approxunately 6,Q00 square feet, as shown on the site plan dated July 28, 1999. 2. The applicant states the Pawn Amerlca corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 am. to 8 p.m., Saturday, 10 am. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that pawn shops be sepazated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History secrion of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejecrion of this second proposal, based upon a judgment that the new usterior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicanYs new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. °l9 -\ �lSe 17 18 19 20 21 22 23 24 47 48 49 50 51 52 53 54 55 56 57 � � � c. � As noted in the staff response to the previous application, staff is aware of no history of this rear area being used as a sepazate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the ea�tent of information about plans for the space aze the statements of Mr. Tim Welch, attomey representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Rixman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. Secrion 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall fmd that: The extent, location and intensity of the use wi11 be in substantial compZiance wlth the Saint Pau1 Comprehensive Plan and any applicable subarea plans which were approved by the ciry councit. This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmenta] regulations to prevent and mitigate land use conflicts among boundazies between zesidential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. The use will provide adequate ingress and egress to minimdze tra�c congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways for the center. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. The requ'uement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops would indeed be detrunental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As stafF finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. In consideration of cunent pianning activities, this condition may not be met. In recent years, the White Beaz Avenue neighborhood has become concerned about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities includina the White Bear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the CiTy of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. 9q-�� e. The use sha11, in all other respects, conform to the applicable regulations of the district in which it is located. 4 5 This condition is met. 7 AND, WI�REAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, 8 Pawn America Mumesota, L.L.C., on September 29, 1999, duly filed an appeal from the 9 deteiwination made by the Commission and requested that a public hearing be held before the 10 Saint Paul City Council (Council) for the purpose of considering the actions taken by the said 11 Commission; and 12 13 WI�REAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon 14 notice to affected parties, a pubiic hearing was duly conducted by the Council on October 27, 15 1999, where all interested parties were given an opportunity to be heard; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the zoning committee and the planning commission, the Council does hereby; RESOLVE, that the appeal of Pawn America Minnesota, L.L.C. be and is hereby denied as there was no errar in any fact, procedure or finding of the Commission; AND BE IT FURTF3ER RESOLVED, that the Council affirms the decision of the Commission and adopts as its own the fmdings set forth in Commission resolution No. 99-60 and adds these additional findings in support of denying the appeal pursuant to Saint Paul Legislative Code § 64.207: 1. This use does not meet the 150 foot separation requirement whether measured from the lot line of residentiaily zoned property or the building wall containing the use. A. While the dividing wall may have been intended to meet the separation requirement, the record indicates that the dividing wall will create space that does not appear to be commercially viable. The space would have no access to the rear of the building and the space appears to lack the normal facilifies one would expect to find in commercial space offered for rent. The wall therefore does not legitimately separate the pawn shop from residential uses as required under the zoning code. B. Failure to meet the specific separation requirement violates a term of the zoning code and therefore violates the general standards for special condition uses permits under Leg. Code § 64.300(a), 64300(c) and 64300(d). Failure to comply with a specific zoning requirement defeats the intent of the zoning code to protect the public by establishing zoning regulations intended to prevent land use conflicts. Pernutting a use that does not comply with zoning code requirements impedes orderly development and improvement in surrounding neighborhoods and conflicts with the goals of the City's Comprehensive Plan. 2. The space behind the pawn shop would be difficult to regulate to insure that the space was not used to facilitate the pawn shop and would therefore be detrimental to public health, welfare and safeiy. �°t-��5• A. Legitimate commercial use of the space behind the pawn shop would require a certificate of occupancy as weil as overall compliance with other applicable city buiiding and occupancy codes. Lack of ea�erior access increases the likelihood that the space could be used to facilitate the pawn shop and would therefore be detrimental to public health, welfaze and safety. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pawn America Minnesota, L.L.C., the Zoning Admiuistrator and the Planuing Commission. �R�GINAL Requested by Department of: ay: Form Appro ed by City Attorney a ay: �d.'� �✓�c�.vr�, /l— °l - �1 'j Adopted by Covncil: Date o-�, �. Lq`� Adoption Certi£ied by Council Secretaxy Approved by Mayor for Submission to Council BY' _�_�� 1� � �'._ Approved by Mayor: Date BY � , S � _ �� 9g -��u. 11/10/99 GREEN SHEET No 1 Q4/*�6 Peter Watnex November 17, 1999 TOTAL # OF SIGNATURE PAGES oFnut�rwegraie rnrcanu. � ❑ arvattw�r ❑ arcasu � wuncuuaEaxcuw� ❑ ra.xeut�aom�tto ❑ W1fORI�IbfLLi4I1) ❑ (CLIP ALL LOCATtONS FORSlGNATURE) Resolution memorializing City Council action taken October 27, 1999, denying the appeal of Pawn America Minnesota to a decision of the Planning Co�ission which denied a request for a special condition use permit to allow establishment of a pawn shop at 1546 White Bear Ave. PLANNING CAMMISSION CIB COMMf1TEE CML SERVICE COMMISSION f SOURCE INFORMATION (IXPIPNJJ Hes tnis persaJrrm e�erwnrlced unaer a contrace rortAis aepertmenn YES NO Has Mis perowJfirm erer been a dly empbyee7 YES NO Does ihis PetiwUfirm P� a sldll rwt mm�albPossessed Ey anY curlent citY emPbYee? YES NO k thic persoMrtn a taryefetl ventlaYt YES NO CO3T/REVENUE BUDOEfm (GRCLE ONE) ACTNITY NUMBER YES NO OFFICE OF Tf� CITY ATTORNEY CI¢yton M Robinson, Jr., Ciry Attomey n��' �� CIT'Y OF SAINT PALTL Norm Coteman, Mayar HartdDelivered November 10, 1999 Nancy Anderson City Council 5ecretary Room 310 City Hall Telephone: b51 266-8770 Facsimile: 651298-56I9 MJI.`(le i �e`�'=`u. v . �. _ ._..> T de k ! �? RE: Resolution memorializing city council action in the matter of the appeal of Pawn America, LLC. Zoning File No. 99-207. Councii public hearing date: October 27, 1999. Council acfion: appeal denied. Dear Nancy: Attached please find a signed, original resolution memorializing the Council's decision to deny the appeai of Pawn America from a decision of the Saint Paul Plaxuung Commission. Please place this matter on the Council's consent agenda at your convenience. Sincerely �/'.�ies-� �l✓yt�-.� Peter W. Warner Civi( Division 400 CiTy Ha71 IS West Kellogg Blvd Saint P¢uI, Minnesota 55102 Attachment DEPARTMENT OF PI.ANNING & ECONOMIC DEVELOPMENT Division oJPlanning 25 YYest Fourth Street S� CITY OF SAINT PAUL Norm Coleman, Mayar October 6, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: I would like to confirm that a public hearing October 27, 1999 for the following appea] c special condition use permit: Appellant: PAVJN AMERICA MINNESOTA File Number: #99-274 Purpose: Address: \�� S-^=� `�� ` \ � � q9-1{ E� elephone: 672-266-6.i63 'acsimi7e: 672-228-3374 P� ,.�„ -'+-. , tLr�.w.;:}� v.'.�:l:G! ` I� G 9MVY �� day q � suestfor a Appeal a Planning Commission decision denying a request for a special condition use permit to allow establishment of a pawn shop. 1546 White Bear Avenue (east side, between Hoyt and Montana) Legal Description of Property: Hayden Heights, VacAlleys Accnxing and Fol, Lot 42, Block 1 Previous Action Planning Commission Recommendation: Denial; vote: unanimous, September 10, 1994 Zoning Committee Recommendation: Denial; vote: 5-0, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the October 13, 1999 City Council meeting and that you will pu6lish notice of the heazing in the Saint Paul Legai Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ''y� � �"/1� � / � Nancy Frick City Planner cc: File #99-207 File #99-274 Paul Dubruiel Carol Martineau Wendy Lane, LIEP � •FUtsrx�mr• � NOTICE OF POBLIC A£ARII�iG _ - 27�eSaint Paul CSty Coiu�clwill conduct a public hearing on Wednesday. OMOber 27, 1999, at 5:30 p.m. in the City Council Chambers, Third Flodr, City Hall- Courthouse, to consider the appeai of Pawn Axnesica Minnesota to a decision of the Planning Commission denying a request for a special condition use permit Lo atlow establishment of a pawn shop at 1546 LVhite Bear Avenue (east side between Hoy[ andMIontanaAvenues). - Dated: October 7, 193� . NAI+ICyNPIDERSON � �� . Assistant�iEyCo'uncilSecietazy- ' - �# "• [Oct 9) � ==�—s ST PADL LR(iAb�L�GFdt �—=__ � ; � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT B�ian Sweeney, Dtrector CTTY OF SAINT PAUL Norm Coteman, Mayor 25 Wes1 Fourth Street SainrPaul, MN55/02 October 20, 1999 Ms. 23ancy A�derson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-274: PAWN AMERICA MINNESOTA City Council Hearing: October 27, 1999 530 p.m. City Council Chambers `l9-/ltlp Telephane: 651-266-6626 Facsimile; 651-228-3341 P1?RPOSE: Appeal a planning commission decision denying a special condition use permit to allow a pawn shop at 1546 White Bear Avenue. PLANNING COMMISSION ACTION: DEIVIAL, unanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: Five (5) persons spoke. eight (8} ]etters, a petition with 66 signatures, and two (2) phone �*'?s � ceived in opposition. The District 2 Community Council voted unanimousiy to oppose the special condition use permit. Dear Ms. Anderson: PAWN AMERICA MINNESOTA L.L.C, has appealed the decision of the Saint Paul Planning Commission to deny a special condition use pecmit to allow a pawn shop at 1546 White Bear Avenue. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on September 2, 1999. The applicanYs representatives addressed the committee. At the close of the public "c. :.,n the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld ti � Zoning Committee's recommendation for denial on a unanimous vote on September 10, 1999. This appeal is scheduled to be heazd by the City Council on October 27, 1999. Please notify me if any member of the CiTy Council wishes to have slides of the site presented at the public hearing. The appeal packet is attached. Sincerely, — -- °— - - _--.. �� -,uc,� Nancy Frick City P(anner cc: City Council Members Peter Warner Brad Ri�nan, Pawn America ; � Minnesota Attachments Carolyn V. Wolski, Leonard, Street and Deinard Wendy Lane District 2 Community Council File #99-274 ;� � J APPLICATION FURAPPEAL �� I[. jl �l Department ojPlanming and Econainic Development � J Zoning Seclio�r 1100 Ciry• Hall Annex 15 West Fourth Street Saint Paul, MN 55102 - 266-6589 94-ilttv if5 ��.- �. " �'. ., _ °�� :_...: . _ '�CI£Ig i � O I Q :/} �-� i •_._ . t* Leonard, Street & Deinard / Carolyn V. Wolski�representing llant: APPELLAtST Name Pawn America Minnesota, L.L.C. AddfeSS Suite 35, 2020 Silver Be11 Road City_ Eagan St.� Zip 55122 Daytime phone683-1044 PROPERTY I Zoning File Name Pawn America / File � 99-207 LOCRTION 1546 White Bear Avanae AddresslLocation TYPE OF APPEAL: Application is hereby made for an appeaf to tfie: � Board of Zoning Appeals � City Council � under the provisions of Chapter 64, Section 206 , paragraph (a) of the Zoning Code, to appeal a decision made by the St. Paui Planning Commission on September lo , 19 99 . File number: 99-20� (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. S � ' E , "_ LaRiTt$ File rio � >..Fse, ' -: �' °;�2£1�3tiYE_ � :� `:� P� Se2 Attachment A .� R�CEIVED SEP 2 9 �ggg ZONWG � K �,z��`� Attach additiona/ sheet if essary) Applicant's signatu / • Date .2 -p City agent_J( �C° I ��_c Carolyn V. Wolski, attorney for Pawn Ame�ica Minnesota, L.L.C. G� 99-i�i� �� i i� ATTACHMENT A Appeal of Pawn America Minnesota L.L.C. / File No 99-207 1. Appellant's proposed pawnshop, as detailed in plans submitted to the Saint Paul Department of Plannin� and Economic Development on July 28, 1999, will be more than 150 feet away from residentially zoned property. 2. Appellant's proposal meets the requirements of Section 60.534(6) of the Saint Paul Legislative Code (requirin� that pawnshops be separated from residentially zoned property either by a public street or by a distance of 150 feet measured from the buildin� wall of the pawnshop to the neazest lot line of the residentially zoned property), both as stated in the code and as interpreted by staff. 3. Appellant's proposal meets the requirements of Section 64300(d) of the Saint Paul Le�islative Code because: (a) By virtue of ineeting the requirements of Section 60.534(6), appellant's proposal also meets the requirements of Section 64.300(d)(I) and (3} of the St. Paul Legislative Code. Planning Commission Resolution 99-60 (denyin� appellant's application for a special condition use permit) states that because the 150-feet distance requirement of Section 60.534(6) is not met, the requirements of Section 64300(d)(1) and (3) are aiso not met. Accordin�ly, if appellant's proposal meets the requirements o£ Section 60.534(6), ft also meets the requirements of Section 64300(d)(1) and (3). (b) The Plannin� Commission concluded that appellant's proposal may not satisfy Section 64300(d)(4) because neighborhood concerns about "business condition and deterioration of neighborhood image" have led to new plannin� initiatives for White Beaz Avenue. Generalized neiahborhood concems are not a sufficient basis for denyin� a special conditional use permit. The inclusion of a pawnshop in a retail center is supported by the Saint Paul Legislative Code, as well as by existin� retail and commercial uses located near the premises at 1546 White Bear Avenue. (c) The Planning Commission a�reed that appellanYs proposal rs�eets the requirements of Section 64300(d){2) and (5}. ?� q ! ��T � Saint Paul Planning Commission City �Iall Conference Center 15 ICellogg Bonlevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, September 10, 1999, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, En�h, Faricy, Geisser, McCall, Morton and Nordin Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Messrs. *Jolinson azid Kong Absent: *Excused t� Also Present: Ken Ford, Planning �.�ministrator, Jean Birkholz, Nancy Frick, Tom Harren, Nancy Homans, Lucy Thompson, Al1an Torstenson and James Zdon, Department of Planning and Eca7omic Development staff; Tom Beach and Bob Kessler, Office of License, Inspection and Environmental Protection; Bill Hagland and Al Shetka, Traffic En�ineering, Department of Public Works. I. Approval of Minutes of Augus¢ 13 and August 27, 1999 MOTIO�i: Con:»:issioner Kramer moved approval oftke n:inutes ofAugust I3, 1999 and August 27, 1999; Con:missioner Marde!! seconded the n:otion which carried unanimausly on a voice vote. II. Chair's Announcements Chair Morton announced tha[ Mr. Ken Ford will be leavin� the Department of Planning and Economic Development beriveen October and the beginning ofthe new year. Mr. Ford responded by sayin� that tlie possibility of retirement and doing a few other things is something that he has been thinking abouf for some time, and decided to make it happen a little before the end of this year. He noted tha[ it �vas a hard decision to come to given the way he enjoys this tivork and workin� wiih the Plannin� Commission. `: _ —' _ ° ---- - - III. - Plan�ing A�Iminis#rator's Announcements Mr. Ford announced that he has handed out some information about audio trainin� conferences that the American Plannin� Association offers. � h4c Ford announced that this last week. the City Council appro� ed the rezonines for St. Pau! Bra;s and for the Riverbend Industrial Park. A public hearin� wa; held this week on the Shepard Da�ern Gate«a� Small Area Plan. Thz City Council laid it over to September 22, 1999. Vtost of the testimon} focused on the issue of affordab(e housins and some interest in havina 99-ii�� ;� more specific tar�ets for affordable housin� in tlie Shepard Davern area in the plan. The City Council set October 6, 1999, for public hearings on the Merriam Park and Hamline Midway Special Si�n Districts. IV. PtJB[sT� I-i�R1N�: JLT Group Site Plan Review for the proposed two buildings at Prior and Minnehaha and Fairvie�c and blinnehaha (Tom Beach, 266-9086, LIEP). Chair Morton read the niles and procedures for public hearings. Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides of the site and gave a short presentatioo. - JLT Group is proposin� to construct two officelwarehouse buildin�s on property they-own bounded by Minnehaha, Fairview and Prior. The site covers approximately 14 %z acres. It has been used for industrial uses for a number of years. JLT has owned it for about the last three years. Earlier this year, JLT submitted a site plan for a trucking faciliry for Dawes Trucking. That facility was going to have 26 doors for trucks. The Planning Commission approved the site plan rvith a nwnber of conditions including existing curb cuts on Fairview, construction sound barriers, and restrictin� hours of operation. The City Councii heard the case on appeal; they approved it with the same conditions tliat the Planning Commission recommended, pius added some new conditions incfuding limitin� the number of trucks and requiring an annual review of the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a vote of 5-2. JLT Group has since filed a{awsuit about that case. No�v, they are proposing ttivo buildings. One ��ould go alon� Minnehaha; the other would be located alon� Minnehaha and Prior. I� .� Mr. Beach read the staff recommendations. Commissioner Gordon stated that he is concerned about approving a site plan �vithout hav_ing a'__ .,... better idea ofthe use ofthe buildin�s. Re�ardin� findings 3d and 3e, the staffrecotxrtnandation: . says that "the site plan is consistent if conditions are pVaced on the approval that minimizes the -° impact on the nearby residential nei�hborhood, including truck traffiq noise, light and the visual impact of this lar�e buildin�." A number of the conditions do deat �vith truck traffic, but if the site plan is approved consistent with the staff report, what would happen if we end up with a coupte tmndred trncS:s per day in that facilit}'? What is to protect these concerns that run in favor of the nei�hborin� land owners and residents around this site if there tums out to be some t�u�e amount of truck traffic? Mr. Beach responded that �vhen the noise anaiysis �vas done for Dawes Truckin„ there were some assumptions made about a reasonable number oftrucks given a number of doors. 7I�e noise analysis takes tlie more restrictive standards that apply from 10 p.m. to 7 a.m. Commissioner Gordon asl:ed if the site plan is approved consistent with the staff recommendation, is 2liere any limit on zhe number of trncks Shat coutd access that site over the Qiven course of a day? Mr. Beach ans��ered that there was not. If it turned out that the noise ordinance were violated, the City «oufd need to make sure that JLT came into compliance with iL Commissioner Gordon indicared that if there �vould be a laree number of trucks, they would impact on rnore thasi }tsst noise. Thesz ��outd be safety issues if trucks ��'ould be backed-up into intersections. Mr. Beach responded tha[ onz of the conditions is that trucks have to use Prior to enter tlx sitz, and ma�i�u�ering tl�e utuks �could Uz �,oing on in thz ;ite itsclC. Commissioner Gordon a;ked Mr. Beach �vhether he ha> thoueht of a�va� of strucmrins this so that there would bz some re��ie�c or control on the total number of trucS:s that could use the site? Mr. Beach � 9'9-1��ta _ replied tliat staff didn't consider diat; and added that it's not an easy thing to enforce. They hoped to settle some of dlose problems with the design of the buildings. � Commissioner Geisser asked if ��hen the MPCA did their environmental study, did they do a specific site studv or a cumu(ative affect on air and the environmental? Mr. Beach stated that when he spoke to thent, he eave them this site only. Commissioner Geisser noted that the �vhole area beaveen Fairview and Minnehaha has a lot of truck traffic. Mr. Beach replied that such a decision �vould be up m the MPCA ; the Citv can't require one by themselves. Commissioner Maroulies asked if Mr. Beach knew the status of the Da�ves (itigation and the outstandin� issues involved. Mr. &each replied that afl he knew is what he read in the paper. Joe O'Neil, lb3 East Sixth Street, Saint Paul, attomey representin� ]LT I�corporated, addressed the Commission. He ezpressed that nvo weeks a�o, some of the Commission members su�gested to him very stroo�ly that he and �ic Trooien s]iould make a stron� effort to meet with the neighbors. Throu�h the cooperation of ihe Hamline Midway Coalition, JLT had a very good meetin� on Wednesday niaht with the nei�hborhood. Both Mr. Trooien and Mc Meyer from 3LT were there, alon� with nei�hbors and the people from the Hamline Midway Coalition. It �vas a aood meeting and an understandin� tvas reached that ewall be very helpful in the future. Mr. O'Neii referred to a{ar�e zoni�i� map to show that the whofe area near this site is an industrial area. He said that he drove around in the area coimting the number of doors on many of the businesses in the area. Some of the doors �vere inside the sites; many were leading directly onto the streets. Mr. O'1`�eif pointed out that in the Legislative Code there is no restrictioits on the number of trucks permitted into a facility. IZone of the businesses in this area (� are rest�icted as to number of trucks. JLT Group bou�ht tl�is �r6�eriy in 1996. The properiy had been vacant for many years. JLT has tried to utilize and develop it in a way that is consistent with City legislation. He pointed out that goin� north on Fairvie�v, there's about 14 truck sites that have access riaht onto Fairview Avenue, and Prior Avemie also has many truck sites that access ri�lit onto ic. He reiterated diat industrial s+tes do not have any limitations regarding the number of tnick traffic. If however, there is any violation of City codes, people need to comply, and JLT certainly intends to do as �vell. A�ioise study that �vas done on this property on the Dawes matter found that there was no violation. [t appears that this use of industriai property is consistent �vith the code and consistent �+�itii thz use of an officehsarehouse or a trucking facility. There is nothin, in Saint P1ul's code that restricts the numf3ec ef doors in a building. Mc O'Neil indicated that the} intend to comply �vith aif of tlie staff recarnmendations even though some of the restrictions are more than other industrial property o�vners have out there. He asked the Plannin� Commission to be equal in so faras its consideration ofthe property ri�his ofthe industrial o�vner, JL7, and decide today to approve the site plans for 6oth buildings. CommissionerFaric}� asfied who did ta�e noise sza�y fo_r the Daa�es Truckin� site, and if a cop}� was available. Mr. O'Neil answered that Dacid Brasiau did the study and he thinks that the Plannin, Commission has a cop} of it. If co;t about $5,000 and was paid for by ]LT. Commissioner Faricy asked abou[ the Au=ust 18, 1999 leiter from Hamline Midway Coalition. i�lr. O�\`eil replizd that he ��as reFerrin2 to �esterda�� letter. �'he Plannine Commission did not received ir. Commi;sioner Gordon had been fa�ed the fetter. Mr. O'Neil passed out copies of thc leuu. , Commissionzr \o�� lin askzd aboutthe Dan2; matter. Mr. O�tieil replied that action has 99-��Ilo commenced in the Ramsey County District Court; the ans«•er has not yet been filed by the City. �� A hearing is scheduled for Monday, September 13, 1999, for a temporary restraining order. Commissioner No«•lin asked if Dawes is plannin� to go into the site on the east side. Mr. O'Neif ans«�ered that they are not; JLT lost Da�ves. Commissioaer I�iowlin asked if JLT was suin� on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for both. Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coafition on gettiii� together and meetin� with the communiry to discuss these issues and in reaching agreement on a number of concems. He encoura�ed them to continue in those efforts in hopes of reachin� a,reement iii the remainino unreso{ved issues. With respect to the role of the Plannin� Commission, the Land Use Plan calls for compatible mixed use, so the Commission needs to be lookin, at a way for the use of diis property tliat is compatible with tke residential nei�hborhood that abuts it on at least two sides. Commissioner Gordon a�rees that the code does not contain a specific restriction on the number of trucks, but the code does require the Planning Commission to make certain findin�s, such as there Gvill be no unreasonabte affects on neiahboring land o�vners. In order for the Commission to make those findings, it needs to take into consideration thin�s such as the fevef of Vuck traffic because given some level of traffic, there coufd be an impact on surrounding use. If JLT were to run 500 trucks per day into buildin�s, it might have an unreasonable affect on the neighborhood. The concern is how does the Plannin� Commission approve a si[e plan without knowin� that? He asked Mr. O'Neil if he has considered structuring this in a way diat would enable approval of the site plan and yet protect a�ainst an excessive amoiutt of truck traffic that Fvould unreasonably impac[ the surrowtding residential nei�hborhood? Mc O'Neil replied that he thinks the real restriction is '� the size of the buildina. The size of the 56�,000 square foot buildino at Gr�gs Cooper will lend itself to a certain number of tnicks; a small 29,000 square foot buildin� or a 33,000 square foot buildin� is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the Commission must find is not whether it�s reasonable or unreasonable, but �vhether or not it has a substantial effect. Whether or not it has a substantial effect is a decision for the Planning Commiss+on to make, althoi�sh these are not large buildin�s. The number of doors that are proposed «ould restrict the number of trucks that could be available for loading and unloading during the day. Commissioner Gordon asked how many doors are proposed. Mr. O'Neil ans«ered that there are 33 [otal doors proposed for both buifdin�s. Commissioner Gordon asked if he had heard correctly thai fhese 33 doors are contained �vithin �valls. P✓Ir. f2'Neil responded that they are �vithin ��al Is. There wil I be a�call all along the exterior of the Qroperty, 27 feet hi�h; trucks «auld come inside that �aall. Commissioner Gordon aske� if the outcome of this site p{an revie�v �vill ha�re any impact on the liti�ation process regarding the Da��•es Trucking site plan review. Mr. O'Neil replied tha[ he can't answer that question. All he can say is ihat the Ciry has not vet filed a response. Commissioner Nord�n asked if th�s buildins .�ere desi�ned as a one-tenant or possibly a two- tenant buifdin�. [vlr. O'Neif responded tha[ it �vas not designed as a one- or t��o-tenant building; morz possibl� for multi-tenants. �,4r. Trooizn. JLT Group, expfained that �chen they designed the northeast buildin�, they put in the ma�imum number of docks so that the} u-ouid not need to come back for further appro�al if the number of docks increased. Commissionei \lar,ulie� atsl:e� hu�� man� (I007� ��21r lu IIIC D <n«> ouiluin�_. Jlr. O'Neil � replied there «ere ?6. Cominissionzr �Iareulizs asked. althou�h hz and JLT «ant the Plannin, Comm{;sion to ba;e i�; deci;ion o�i thz ti�umber of doors. (gi�en th: Commi>sion�s decision, 9t 99-/I �!� needs to look at t�ie impact); what assumptions do they want the Commission to use with respect t � to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that � again the test is one of whether or not this use has a substantiat affect, and he indicated that the Commission should rely on the staff £ndings and staff's indication that this use is consistent with industrial use and with the Legislative Code. He stated that he can't ans«'er what the number of trucks �vould be. In e�amination, they have not found any other industriaf site in the Midway area that has any restrictions on the number of trucks, re�ardless of how many doors they have. Commissionerl�'o�vlin is troubled because he sees rivo building plans in front of him buf he doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil replied that the site is tlie 14.5 acres. CoinmissionerNo�vlin agreed. Mr. O'Neil noted that you need a specific buildin� positioned �vithin that site. Commissioner Nowlinstated that the issue here today is not zonin� classifica[ion 1-1 or sometliing else. Everyone here a�rees that we're not chan�in� the zoning code or the zonin� treahnent of [he property. The issue is site planning. In tlie suburbs, this 15 acres would have a site plan, 6ut �ve're not seeing that today and we've got these problems. The Planning Commission's job is to assess and to make sure that there is no substantial adverse impact on surroundin� propeny. Here, we don't even have a number of trucks tha[ mi�ht use this. Commissioner Nowlin wonders how many more buildings can �e constructed on this 15 acres; perhaps a lot mo�e. This is not done yet. Mr. Trooien tesponded that he doesn't know where they would put dte nest building, other than where Dawes would have gone. Commissioner Nowli�i pointed out that the Commission does not have anything in front of them tltat clearly shows what's goin� to happen at this site for a long period of time. Mr. Trooien asked if tliere was a correlation between a site plan and restricting a number of trucks. To him the real issue is whether there are any other buildin�s that have those ;� restrictions; is tliere dual treatment goin� on? CommissionerNowlin replied that Mr. T�oie=i woutd find out in court that the �vay zonin� works is cumuiative and impacts are cumulative: He added that it's too bad that Mc Troaien is the I1st owner there; the Plannina Commission really �vants to help him. It's a troubled old piece of property and it ou�ht to be reused and it ought to be used for industrial. The problem is that there is already industry there. Now, someone needs to fi�ure out ho�e to esist there �vithout eaasperating an already e�istin� impact. ThaPs the law; not, "I get to do the same thine as the �uy next door." Mc Trooien thinks there is some element of tha[, but he [hinks the issue here revolces more aroimd [he number of uucks, and a small buildin� cannot eenerate as lar�e an amount of tntck traffic as a lar�e building would do with a lot of continual distribution. Commissioner Engh asked Mc O'Neil if he knew what the avera�e daily traffic count is on Prior and Fairvie�v. Mr. 0'Neil replied that he did not. Commissioner En�h thinks that is someffiin� the Commission should find out because countin� triick doors is only a snapshot ofwhat potentiall}• could �o in there. Havi� � driven up and doivn those streets, she thinks that a traffic ct>unf avould provide Ia�}pful information. Mr. $eacla responded lhat the traffic count on Fairvie�� south of Minnehaha is 7,6�0 vehicles per da}'; Prior is 4,100 vehicles per day; Pierce Butier sets about 12.000; Universit� Avenue in that area Qets about 22,000: Minnehaha gets about ],�00 ��ehicles per da}. � Commi;sioner Gordon asked Mr O'Neii ifthe Plannin� Commission approved this site plan ��itli staii recommendation>. ��ouVd the approcal aVso appl� to tUe alread� c�i,tin � buiVdin� on this site (thz Da��e; buildin�_). �Ir. OTeil repiizd that i[ �could not. Commissionzr Gordon � asked if this site plan ��zre dealine ��ith onh these t�co buildings. btr. O�\eil replied that it «a>. � 99-��t� � i� Commissioner Mardell asked Mr. Trooien about the market they were Iooking for in building these buildin�s. To him, it seemed likety to be more in the micro-office «arehousing distribution type of market. Mr. Trooien replied that JLT thinks there's a market for smailer bay use, not heavy truck users. options. Public Testimon�� The large number of doors put into the design is to give JLT some l. Cheryl Hammerlindl, 672 2�orth Fairview Avenue, addressed the Commission. She said that providin� that conditions to limit truck traffic, provide safety, and address concems and preserve the qualiry of the nei�hborhood, tllis is possibly an acceptabte development. One of her major concerns is the increased nwnber of dock doors added to the original plan. There being no restrictions on the e�istin� cron3panies in the nei�hborhood is a difficult problem for the nei�hboriiood because all of the thin�s that Mr. O'Neil exp(ained are along Fairview, Prior, and Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a junction behveen Saint Paul and Minneapolis has led to the over saturation of truck related businesses in this very small residential area. She asked the P(anning Commission to take that into consideration. Decisions that Ilave been made about development in the city forty years ago affect this neighborhood today. Decisions that are made today about development wil( affect this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and parkina problems. The nei�hborhood fiopes to meet with the Public Works Depadment and the Police Department to resolve some of the issues and reduce any nega[ive affects that more or new traffic would have on the area. Neishbors and members of the district council met with Mr. Trooien on September 8, aod came away hopeful that Mr. Trooien will continue to be willing to address the commimity's concerns. The community is interested in talkino further with Mr. Trooien about alternative development for this property. The communit}• respects Mr. Trooien's ri�ht to develop this property as lon� as it's compatible with the neighborhood and does not have a negative affect on the quality of tiFe for this area of residents. Chair Nlorton asked if commissioners had any questions for the Public �Vorks' en�ineers. Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive truck traFfic, the point at which the level of truck traffic �vould unreasonably, substantially, adversely impact on the surroundin� neishborhood. He noted that was a difficutt question to quantify or qualif} . If trucks �could come in a convoy to load/unload at 33 docks, it certainly would present a problem for any particular place. Normally, in areas �nfiere there is heavy truck traffic, it's distributed throu;hout the `cork day, which does not {end itself to a problem. Occasionally, there may be some congestion and some noise, but con�estion and noise, in and of themselves do not create an unsafe condition. In fact, it may have the opposite affect by consestin� a strezt-siowins down and catmting traffic. Tl�is is a qaestion that really cannot be respotrded to tmtil there are numbers and voinmes to be anaiyzed. Commissioner \o�clio asked tilc S4ietka to talk about the existin� traffic columes. Mr. Shetka replied that Pair� iew is about 7,600 and Prior is about 4,100. He added that these are noi esce;si�'e volumes. Street; like Cretin Avenue near St. 7homas carries zbout 16,0�0 vehicles pzr da}: Snellin� 4�as about 4SA00 ��ellicle> pes da}. Commissioner \o«lin asked �vhere the majorit� uf truck trafll. �ium this area ��ould e�it \1r. Shcika re;ponde� that dzpends on their oriein and destination � 99�-�11� � 2. 3ames Turkowski, 1861 Enatewood Avenue, addressed the Commission. He pointed out that the proposed building at Minnehal�a and Prior has no setbacks indicated, which will create a blind corner on the southeast corner, like the current buiiding across the street produces. This will make turnin� north or south onto Prior from Minnehaha dangerous. Also, traffic heading noRh on Prior wiiV not be able to see traFfic tha[ is approachin� from the west on Minnehaha. Tlte second concern is that the truck docks increased from seven to 33, «�hich appears to be a shift from warehousetoffice buiidin�s to a major truckino facility, one that is even larger that the earlier one proposed alon� Fairvie�v, a proposal that was only approved afrer critical conditions were ptaced on it by the City Council. 3. Roberta Mackin, iSO4 En�le�vood Avenue, addressed the Commission. She explained that the reason [he nei�liborhood has �athered to�ether and has 70 people on their call list is because -- -- they don't-��ant [heir neighborhood ro look like North Prior. If the City wants more housing, then she thinks the indus[rial people are goino to have to accommodate it. She is concemed about [hese proposed buitdin�s that liave no desi�nated use abutted to a residential neighborhood that has been around a long time before Mc Trooien bought the property. There ought to be new restrictions and conditions. The neighborhood doesn't want any chemical waste products for obvious reasons and no produce or meats that require refri�erated trucks, which need to be lefr runnin� producin� more noise. The neighborhood �vould prefer office type buildings and there should be no exit onto Fairview Avenue. 4. Kimberly Ni�htin�ale, 1639 Van Buren Avenue, addressed the Commission. She and her husband own a duple� in the nei�hborhood. She noted that it is good that Mc Trooien is � working with the community. It is afso good to know that there will be no truck access onto Fairview. The nei�hborhood is currendy investin� money into its homes and needs to be assured that residential properties will not be ttegatively impacted by JLT's plans. There are safet}' and pollution issues that the nei�l�borhood is concerned about. There are approximately 75 children in the area, and the nei�hborhood is concerned about keeping them safe from traffic problems and pollution. S. Ron �Villiams, 779 Clayland Street, addressed the Commission representin� the Siena Club. In the Sierra Club's view, truck terminals are il(egal because they violate the City's Zoning Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the Cit}' Noise Ordinance and the 1980 District 1 1 Plan. The Sierra Club is not sayin� that Mr. 7'rooien has no ri�ht to develop his property for a light industria) use and that they expect the land should be turned into a weUand. It hopes that he will find a use that is compatible with the neighborhood. The Zoning Code for the City of Saint Paul says that [he intent of the 1-1 Industrial District is "ro primarily accommodate �vholesale and warehouse activities and industrial operations �vhose external __, physi�al affects are restricted to the area of die district, and in no manner affect the surround�no districts in a detrimental �vay." Tfie code further states that new buildin�s in I-1 must conform to specific uses includin� "�varehousin� and hotel establishments and truckin� facilities." The thrust of the Zonins Code here is to define permitted I-I lioht industrial activity as that which has no deleterious affects on Ihe surroundin; area. The code sharply distin�uishes I-1 from the ne�t industrial dassification, 1-2, b}' stating that 1-2 is for certain "industrial operations whose esternal affects �� ill be felt in surroundine districts." Classification I-1 indicates that its pennitted uses are restricted [o those ��hich hace no adcerse physical affects on neighborin� aiea,. Tru::nin�s facili[i��. alon_ ��i[li otl�z; spcei�i.d tue; a�e allo��ab!� u�:i_, on locations n'here � t6e} "in no manner affect the surroundimz districts in a detrimental «a�'." The problem here is that thz proposed buildin�=s �cill hace a suostantial affzct on neishborhood rzsidents. A pertinent � 99-iri� part of tiie 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an unsuccessfui development. For example, uses which generate farge volumes of traffic, noise Or _.� air pollution cannot be combined with uses requiring quiet. This area is only about 12 blocks a�vay from �vhat in the past �vas the most air polluted site in Minnesota, Snellin� and University. The City lias �vorked hard to reduce air pollution at this site. 7he introduction of these proposed truck facilities threatens [he air quality of this area, a problem �vhich should be studied. The "need for such a study is even more pressing noGV since we are now considerin� facilities with the capacity to serve I�0-200 tn�cks per week, instead of the 45 per week for the southem most terminat. The ]999 Land Use Plan is even more supportive than the 3950 Plan in protecting residential nei�hborlioods from adjacent incompatible development. The Sierra Club understands that ihe City of Saint Paui intends to prohibit additional truck iransfer facilities in Saint Paul just a Roseville did some years a�o and other area municipalities have done. 1t makes no sense for the City to establish a polic}� like this and then squeeze in more developments of the sort that tliis policy proliibits. It is critical that the Saint Paul Planning Commission has adequate environmentai information in siting these site plans with serious possible affects on adjoinin� nei�hborlioods. The State of Minnesota Environmental Rights Act states: The Legislature finds and declares that each person is entitled by ri�ht to the protection, preservation and enhancement of air, water, land and other natural resources located within the state and that eacli person lias a responsibility to contribute to protection, preservation and enhancement thereof. Commissioner Gordon asked Mc �Villiams if he would allow that some level of increased truck traffic in connection with these proposed buildin�s would be compatible with the surrounding nei�hborlloods and would not substantially or imreasonably adversely affect the surrounding �• nei�hborhoods. Mr. 1Villiams replied that he would allow "some." He would hope that the P{annins Commission would add some kind of limit so that the neighborhood wouidn't need to be �vorried about it. Commissioner Gordon asked Mr. �Villiams what he would define as "some"? Mr. Wiltiams responded that he would follo�v the guide of the City Council and prorate these facilities accordinoly, abou[ 30 more. A bui(ding with 1 S loadin� docks, which has been in place for a lon� time, is also in play here. That should be taken into consideration. 74 loading docks total �vill now be the total number. 6. Any Hummel, 779 Ctaylancl Street, addressed the Commission. She siated that the Zonin� Code states, "The Plannin� Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development of project plans for subareas of the city." The 1950 city Land Use Pian says, "Mising incompatible uses �vill create an unsuccessful development. For e�ample, uses �vhich oenerate large voltunes of traffic, noise or air pollution cannot be coinbined �vith i�ses requiring quiet." The proposed terminals are on land abutting a residentia! nei�hborhood immediately across an ordinary nei�hbodiood street, not a highway or truck route_ These t«'o neti�� tenninafs, plus another existing terminat on this site, wilt provide a total of 74 truck bays. The terminal buildines themselves may partially reduce noise levels to homes directly opposite each terminal from noise sources directly behind each terminal. These bazriers, however «ould not pre� ent si�nifican[ detrimental noise affects on adjacent houses up and do�� n Fair� ie« and 1�3innehaha to eidizr side of the houses that are directl}• opposite. These adjacent homes «ould remain in direct line of sieht and therefore, in direct noise ran�e, from noi,�; liom trucl.s dire�tl� bohind lll:i ST117117:1i. SII711IIl� e�en the home> directiti� opposite thc terminal; �wuld be ad� ersek affected b� noise ori:inatine amti�herz on thz site other than ,� directh bzhind the terminals, including notjust [ruek enginz; at lo�c speeds and idlin�, but stack / ! �� exhaus[ noise, en,ine revvin� at start-up, back-up signals and air brakes. Given the large � number of tn�ck bay's and tlie traffic capacity of the site, such noise should be expected to be ` substantial, not to mention considera6le truck traffic noise at atl hours alon� Fairview and Minnehaha. If the Fairvie�v entrance is permitted contrary to Commission and staff recommendations, the proposal does not indicate that there would be less than round the clock, 7-day per ��eek operation. Instantaneous noise levels from air brakes and repeated back-up beepers will disturb neighborliood peace and quietude and will be severel} disruptive to the neiahborhood. Thz noise evaluation submitted with the southernmost terminals proposal did not include any actual measurements of individual truck noises, but relied instead on federal EPA noise data from a division of the EPA that had been disfunct for nearfy riventy years. This data included only just the a��erage noise level of truck en�ines idlin� and movin� at 5 m.p.h. It did not differentiate amon� types of trucks or the aoe or mechanical condition of the trucks, nar did it include noise ranRes for start-up or revving of engines, stack eshaust noise,.air brakes or back- _ up beeper signafs. The City should require an actual test of noises from trucks of different types, ages and conditions. Such a study should include not only fleet vehic(es, but independently owned and operatzd vehicles as «�ell since these latter would be expec[ed to vary quite a lot with respect to noise. I�'oise will be particularly troublesome in spring, summer and fall when windows wifl be open for ventilation. Night time noise will interfere with sleep causing health nnd safet}' problems for children, students, parents, workers and other neighborhood residents. The heavier daytime noise will also interfere with sleep for neighborhood sliift workers, children at nap time aod those neighbocs who are i1L These trucking facility proposals in one of Saint Paul's evermore scarce affordable 6ousin� neighborhoods raises critical em�ironmentaljustice issues, development issues of key importance to the city, and economic issues for the ciry's employers as well as for �vorkers and home owners and the banks that invest in our moRgages and home impro��ement loans. Over 400 nei�hbors signed a pe[ition requesting an environ- �� mental assessment, includina noise, air and visual pollution for the southernmost terminal alone. As a violation of the zonino code and tlte city plan, approval of these hvo new trucking facilities on Minnehaha would cautitute a takin� in terms ofthe qua(ity of tife in the nei�hborhood and the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully reques[ed that the Ptanning Commission i7ot approve the nvo ne�v trucking terminal site proposals. In behaif of the neighborhood, she also requested that tlte Pianning Commission order a noise stud�. includin� actual noise measurements to be performed by a consultant acceptable to the neiahbors as well as the developer, and directin� all the noise sources and noise related affects the neiehbors have addressed 7. Leah Karlssen, S 1 S Tatum Street North, addressed the Commission. She specifically . addressed the land;capina part of die plan. She works as a professional landseape horticulturist and she has run her o�vn business for nine years. The site plan's landscaping i�cludes one row of deciduous shrubs that grow to about 3 feet tall interspersed �vith an occasional deciduous small tree that ero«s to about IS feet tall. Tl�ese buildin�s are about 27 feet tall. She made some su�gestions tjiaemi_��t provide some noise miti�ation, some air pollution mitigation as well as being � isuall}' attractive. There's a 10-foot wide buffer behveen the buildings on the ed�e the propert}. Accept at the comers �+'here i['s desirable to keep vision free ofobstruction, the planu could bz taller in conjunction �� idi the buildin,s. The tallest ones could be 25 feet or so. She sue�zsted e��ersreei�s as part of die plan because the� pro� ide folia,e all vear round. She sug2ested also that pfants and tree� be plantzd more densely. In combinacion, all these thin,> could do more tham pcu� id: ;i � i�tial barrier: the� could help ��itl; o:Le� concerns as «•ell. tn addition. she st;�*eested that somethim� be put into tiiz plan to en,ure that thz landscapin� is � indezd donz upon comple[ion of thz buiidin�;, and that it is maintainzd properl}. "_�,_ �y-i�� 8._Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer � on the corner of Fairvie�v and Minnehaha. He helps out at the grocery store and spoke from the s vietivpoint of tlie store. His concerns are safety issues and the quality of life in the neighborhood. He thinks that these issues are possibly threatened by the �vay this property mi�ht be developed. He takes issue with the presentation of the general area as presented by Mr. O'Neil. He has lived in this nei�hborhood for the past six years. In this neigh6orhood are approcimately 200 homes, and if they �vould be out in the area at the end of the rumvay of the airport, it would zost $16,000 for noise abatement, a federally fimded pro�ram, for the cheapest house. It would cost $60,000 for the cnost e�pensive house. The avera�e house �vould come to about $45,0�0. Taking 200 homes multiplied by 545,000 equals the potential threat to the quality of life down the road. As Mr. O'Neil toured from Uni�•ersity Avenue, up Aldine and passed McQueen TrucS:in� that buildin� is ri�ht on Thomas. Going tivest�vard from Aldine to Fairview, the facilities are all pretty much sheltered. 'tl�ere activities are baek down off the road and very few houses face those buildin�s. McQueen Trucking itself has a lot of doors, but the main operation is behind the building and imder cover. It's a very low activity type of business and doesn't seem to affect the quality of life too much. Banta Truckin� comes and goes off Prior Avenue. Only Bauer Bilt, the battery wmpany, has any trucks going on and off Fairview. From Minnehaha to Pierce Butier alon� Prior, it's all industriat, but there aren't any residences there. The residences are all on the back side. You might say that all these listed companies-McQueen Truckin�, Banta Trucking, Bauer Bill-are grandfathered-in. IfJLT comes in and puts up a whole bunch of docks, the minute tiiey start operating, they are grandfathered-in, and the nei�liborhood l�as to tive with them. Mr. Volden su�gested that is way the City Council put conditions on the Da�ves site. � Mr. O'Nei! asked that the Planning Commission approve the site plan in accordance with the (' code, providin� equality and concem for thz nei�hbors by puttin� into effect the various staff recommendations that 1LT Group has indicated they would a�ree with. He asked that the Plannin� Commission considec whether or not another noise study is needed since one has already been done. He indicated that JL"f Group will comply �vith any noise requirements of the City. MOTION: Conen:issio�rer Faricy nroved Uiat t/te public Iteari�zg be closed and the site plan be n:oved to tlte R'eiglrborkoo�lPlr�n�rii:a Conen:ittee; Conu�:issio�eer Nordin seconded the mntion wkich cnrrierl t+nanimous/y on a voice vote. _ V. Zoning Committee �99-177 P�t Boemer - Special condition use permit for shared parkin� at the Sandco parkin� lot on the west corner of Chestnut & Exchanez for Patrick McGovern's pub and restaurant at 22> -. -. - -- 1Vest 3"Street �Nancy Hn�nans, 2bb-6�57). MOTION: Cannnissioirer Gerrnis nmved �tpproval ojtke reqceested special condition use pernrit wit6 conditiniis for sGtrred parkine at tlre Saadco parking !ot o�r tlte west corner of C/iestr:td aacl Exe%aeeve jor Pettrick DIcGc�vert:'.r pc�b arzcl restac�raat at 22� West T Street. Mr. Ger��ais esplained that Plannin!_ Commission members hace a substitute resolution in front ol�them todac. � Commissioner Geisser asked if Patrick �(cGo�ern realh had 32 parkin_ space;. Ms. Homans m 99-///� �_ responded that tlie applicant reported he has 32 parkino spaces. Some spaces are used by his employees and some are used by tfie apaRment d�veflers. In the meetings Faith the Department : of License, Inspections and Environmental Protection, they determined that he needed these addiciona162 spaces, given the espansion onto the second floor. Commissioner Kramer recommended a minor change on the conditions attached to the resolution. He pointed out that one ofthe conditions that tlie Zoning Committee attached is that the applicant needs to provide an on-site attendant behveen tl�e hours of 8 p.m. and 2 a.m. It occurred to him that lot mi�ht actuafly close before 2 a.m. Perhaps the condition should add that there does not need [o be an attendant if the (ot is closed durin� that time. MOTION FOR AMENDMENT Conur:issioner Kran:er moved to amend cortdition #2 to say lliat t/re applrcant nu�st provide an on-site attendant rk�iing 1/te /torvs between 8 p.m. ar:d 2«.nx unless cordoned ofjbefore tkat tin:e; Conrn:issior:er Eneh secon�led t/re motion whiclt earrietf oi� a voice vote, witl: Comniissioners Maroufies anr! Nowlin abstainirtg. Commissioner Kramer, referring to condition #3, noted that it states the Exchanae Street entrance/exit will be cordoned off afrer 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her espectation that it will open when United Hospitai's lease begins in tlie mornin� or whenever the arm is enabled. Commissioner Fotsch asked if these conditions �vere present at the time the objections from the nei�hborhood �vere received. Ms. Homans answered that these conditions were developed in � consu�tation with the nei�hborhood residents and the applicant afrer the first sta�es ofthe public heann� when the objections were raised. � T/ie rsnter:derl niotion on the floor to approve !he requestetl specia! contlition use permit for s(�ared parking at Uie Saitdco parking (ot on d�e west corner of Chestnut nnd Excfiange for Prurick McGoverr:'s pub anrl rnstruvaat at 225 West T Street carried on a voice vote (eYlnro ttlies nnd 1Vowlir: nbstninino). �99-18� RoQer Bonfe - Rezoning from RT-2 to P-1 to allow a parking ]ot in association with Bo��fe Auto Repair at 366 and 372 Smith Avenue beriveen Grand and Forbes (Lucy Thompson, 266-6573). MOTIOV: Commissioner Gervais n:oved approval of U:e request to rezone the property at 366 and 371 Sniitk Avenue hebveen Grand tt�:rl Forbes from RT-2 to P-1 to allow a parking !01 [/1 QSSOCIlfI[O/1 iV[l�l B0771 Auta Repair. — Mr: Ger4ais esplained thaf this case had been a Iayovec The ori2inai application submitted was From ftT-2 to B-3. Fotlo�vin� discussio�i at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-I. A ques2ion about a si�n issue came up after Zonin� Committee. Ivts. Thompson e�plained that Mr. Bonfe asked if a condition noted in the staff report in order ro establish a parkinQ lot in P-1 meant that he could not move a sign that is at Smith Aeenue and McBoll to a corner of the ne�v parking lot facine Smith Avenue. It is a 21- foot tali businz;s advertisin: si;n. It i; her interpretation that this sisn ��ould not be allowed in the parkin � lut. She thinks that tli� Cummission iieeds to tnake ii clzar thti: a business sign � «ould not be allo«ed in this location on [he parkine lot. Chair `torton asked if the ne�v sisns on the lot �� ill sa} "ParkinR for Bonfe�s Patrons Onh." bis. Thompson scated that something like m 9'S-lllto � - that would be allowed. She also informed commissioners that Mr. Bonfe is afso closing the driveway off of Stnith. The only access to this parking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe rvill fose his business sign. Chair Morton responded that hejust cannot move his business sign to the parkin� lot. Commissioner I�'ordin asked if the�e were a limit to the size of a parkin� si�n in the �-I zonin�. Ms. Thompson repiied that the si�n ordinance may have restrictions, but in terms of the conditions for establishin� a parkino lot in P-1, it does not have dimension restrictions. T{ie nmtior2 0�: tlte floor carrie�! eina�:in:ously on a voice vote. #99-200 American Portnble Teleeom - Special condiTion use permit to allow a ten foot cellular telephone antentla on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION: Co/nmissiorrer Gervais aeoved approval ofl(te requested special condition use pernut witk con:'itions to a!!ow a ten joot ce!/ulnr telep/taie antenna on tlte apartment stnrctrve at 1967 Graird Avertree 6etweei: Prior a�:d Clevelnnd. Commissioner Gervais explained that this case had been laid over in order for staffto research the possibility of there bein� any other buildines or Socations in the area where this could be located. Staff reported that there were none. � The motiole oee cl:e floor cnrried unaiiintous(y on a voice vote. , #99-207 Pawn Americl -Special condition use perm it to allow a pa�m shop at 1546 White Bear Avenue behveen Hoyt and Montana (Nancy Frick, 266-6554j. MOTION: Con:missiare� Gervrris moved de�:ial of t1:e requested special condition use pernrit to a!!ow rt prnv�r shop a11546 lYkite BearAvenue wLich carried ur:animously on a VO[C2 VOIL. k99-208 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. "Loning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-65�4. NIOTION: Conn�:issioi:er Gervais nroved approva! of tlze requested specia! condition use pe�neit for rr Znai�rg vcrrimlce ;vitli co�iditioi:s for m fra:t yard setback jrom 25 feet required to 8 feet pr�posed at iui instiurlional recrealion renter nt 875 Arca�le Street whidt carried untutifranus[y on rr voice vote. �99-226 G1il Geisenhoff 1Molh' Toulouse - Modification of the river corridor standards to allo« fos t�tio additions to a�i ezistin� structure within 40 feet of the bluff line at 2072 HiQhwood A�enue bet��een Sky��'ap and NlcKni_h[ Road (Lucy Thompson, 266-6�78). DlOTIO\: Corru�ri.isiorzer G�n��iis er�ored «pprara! rtf tlre requesltr7 ntodificaliare of tlie rirer � c��rritlor sttutdards wiUt cn�tditinns to al[ow fnr two additions to an eristino structure within 40 feet nf tbe blu fjline at 2072 Hi;l�wondAveiu�e wktcl: carrierl iutanimously orz a voice vote. 12 9 9-//i� Commissioner Gervais announced the next Zoning Committee meeting will be hetd Thursday, September 16, 1499, ai�d there tivill be one order of ne�v business: Sherman R. Ruuick, a `� rezoning from RT-2 to RM-2 to allo�v a medium density housing project northwest of Toronto and Grace streets, southeast of Osceola. VI. Guest Presentation: Larry Dowell, President, Saint Panl Area Chamber of Commerce Chair Mor[on informed commissioners that Mr. Dowell had an emergency today and will not be addressin� the Commission. His presentation will be rescheduled. VII. Comprehensive Planning Committee Commissioner Geisser announced thatthere wifl be a meeting ohTuesday, September 14, from 3:30 -5:30 p.m. to continue discussion on LRT. A consultant will be comina during the first hour. VIII. Neighborhood and Current Planning Committee Commissioner Faricy stated that a date has not yet been set to discuss the JLT site plan review. IX. Communications Committee Commissioner Kramer announced that the 1998 Annual Report has been published and is now available to distribute. (� X. Task Force Reports Commissioner Gordon announced that the S7AR Board will meet September 13, 1999 to review all the applications. The Board wilt meet September 15 and 16 to intervlew all the applicants. Rankin�s are scheduled to be done on Wednesday, September 29, 1999. Commissioner Kramer reported that the White Bear Avenue Smalt Area Plan Task Force has been meeting. The ne�t scheduled meeting is for Wednesday, October 6, 1999; the tentative location is St. Paschal�s. XI. Old Business None. �II. " hew $nsiness Request for nublic hearin� on 1 Site Plan Aevierv - Tom Beach, 266-9086, LIEP Mr. Beach said there has been another request for public hearing on a site plan. This involves old railroad property south of �tar}�land bzt«een 3SE a�d Jackson known as the Trillium site. A site plan has been submitted by Frank Frattalone (Frattalone Excavating) to use the north 7 acres for out;id� sroragz of sand and equipment or material. Thz propert� is zoned I-2. To access this site, you need to come in off ofJackson, go down a road and underneath Maryland. District 6 e � and the Tri Area Block Cfub requested the puhlic hearina. They are concerned that there wi(l be 13 99•ri�t� polVution, noise, dirt, dust and traffic safety issues with this use. Because of these concerns the . neiahborhood took a proactive approach and solicited help from Representative Tom Osthoff to � develop this site as a nature preserve that wouid be an asset to the community and could be used by local schools as an educational tool. Representative Osthoff was successful in securing $900,000 from the 1999 Legislature for this project. Their understanding i_s that the City �vill _ have to accept the money from the state for this putpose. In (ate Septem�er the City Council - will hold a public hearin� and vote on whether to initiate the acquisition process and afrer that negotiations would bein� �vith the propeRy o�vner. Mr. Beach stated that another site pfan just came in for the south end of this site to be used for mini-stora�e. Mr. Beach explained that there are [hree considerations that the Planning Commission looks at when deciding to hold a public hearing: 1) Is it a major project; 2) Are there important policy issues raised; or 3) poes the site plan have a ma}or impact on the neighborhood. The District Council feels tliat this site plan �vould have a major impact on the neighborhood. Staffthinks that it ►ias the potential to have a major impact on the neighborhood and is recommending that the Planning Commission hold a public hearing. MOTION: Con:ntissioner Geisser moved ihat tlie Pfanning Commission I:old a public hearine o t1�is site plan; CamntissionerKramerseconded tke motion w/tidr earrietl ru:anin:ortsly o�: a voice vote. The date for pub(ic Itearing on this site p4an revie�v was set for October 8, 1999. i� XIII. Adjournment MOTION: Comn:issioner Krnmer moved ac journment; Comn:issioner Fotscl: seconded the n:otion w/ticlt carried �utaitit�rously on m voice vote. The meetin� was adjourned at 10:46 a.m. � Recorded and prepared by Jean Birkholz, Plannin� Commission Secretary Plannin� and Economic Development Department, City of Saint Paul Respectfully submitted, Kenneth ord Plannins Administrator \planning\minutts. frm Approved (Date) Jennifer En�h Secretary of the Plannino Commission 14 '{� f� i � CIT'Y OF SAINT PAUL Norm Coleman, Mayor September i0, 1999 DEPARTMEN'f OF PLANNING & ECONOMIC DEVELOPMENT Brian Sxeeney, Di�ector 25 West Four�h Sireet Sairu Pau{ MN SSIO2 TO: Planning Commissioners - FROM: Nancy Frick 7�F RE: Z.F. #99-207 PAWN AMERICA (1546 White Bear Avenue) 94-iii� Telephone: 651-266-6626 Faaim ile: 65I -22833 J ) The attached letters were received after the September 2, 1999 zoning committee public heazing on the above matter. Both letter express opposition to the proposed special condition use permit for a pawn shop at 1546 White Bear Avenue. �� 99-/1�� : ,• ,� � ��,..�-.- y�..�.°--� � �� > �� $-3�-� No �� G-�- �-�-� � �,�-�"�� Sz�-.--�- � �s�� _. �`�- ";--�:�.Q� �� --� �,,.� �-� ��......� �- �� -� .,Q,_.� � � ��, � .�. � -�� ----�..� -�� _ � � �� .� � ati� � � �� .n;w �,-�,-�= �-�. �� - �.�..°�, ��.`�- °.- .��-- ,9�-�` ' ' �.`-�""' �-u�-R--� ��-� � `.�`_ _ � �� . .� '�- �.� �,-� -�-�- � ��'�- �- °-�' -� --�-� � �� .=� �- � _ . � s�e.�� °��.� �..-,_.� ��- . - - � - _ . � �� - _�._—.�, �-y-�-- - - ` ��° � . ,. c� _ �, 99 , Saint Paul Zonin� Committee Litton Field, Chair 25 West Fourth Street � Saint Paul, MN 55102 Dear Chaiz Field, . v: The Zonin� Committee will soon be deciding if they wi11 allow Pawn Amezica to locate at 1546 White Bear Avenue. Please, vote no! Hill�rest once was a nice place to shop, and it could be again. The decision is up to you. V�'hy do you want to continue to brig our nei�hborhood down? We already have one pawnshop located less than two blocks from this location. They are (� also buiiding a bin�o pazlor one block a�s�ay. I don't know how much more of these kinds of places the nei�hborhood can take. Please, think about how to make the East Side better and do the right thin� for our community. Sincerely, � �/��rtie-o1 �� t9-�i it� MINU7ES OF THE ZONlNG COMMITTEE Thursday, September 2, 1999 - 3:30 p.m. 6� t� . City Council Chambers, 3e Floor City Hall and CouR House 15 West Kellogg Boutevard PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, and Nowlin Field, Faricy, Morton Peter Wamer, City Attomey_ Nancy Frick, Caroi MaRineau, Ailan Torstenson, of PED Pawn America, 99-207 - special condition use permiY to allow for a pawn shop at 1546 White Bear Ave., Zoning B-2. A slide presentation and staff report was given by Nancy �rick. Staff recommends denial of the application. Cari Wolski, attorney at Leonard Street and Deinard, was present to represent the applicant. She disagreed with the way staff had characterized the situation, saying that the proposal was not attempting to circumvent the code but rather to meet it. Ms. Wofski referred to a lettes from staff which indicated how the distance wouid be measured, from the exterior building wall or in the case of a multi-tenant buiiding from the interior wall of recog�ized marketable commercial space, and stated that this proposal therefore meets tfie distance requirement. Larry Soderhoim said that the letter Ms. Wolski referred to suggested tests for what would be considered recognized marketable commercial space - visibi{ity from a main street, previous division and use, and designed for customer access. Staff finds that the proposed partition meets none of those tests. Commissioner Kramer stated that he disagreed with both interpretations, saying that "buiiding wall" means wall of the buiiding, not of the licensed premises. Ms.lNolski repreated her opinion that the staff interpretation of how to measure distance is correct and that the application meets the requirements of the ordinance. She also said that the space can be modified to have its own door. Commissioner Gordon asked abDU# the purpose of the spacing requirement. Ms. Wolski stated her understanding that it respvnded"to a concern about gans and noted that Pawn America does not buy or sell any weapons. Commissioner Gordon asked Ms. Wolski about the buiiding wall definition and went on to state that the Commission may disagree with staff. Chuck Repke, Community Organizer from Dist. 2 was present to testify and neighbors were also present to speak. Sherri Letz, 1939 Montana Ave. E. Block club leader of 1900 block of Montana appeared in opposition. She lives directly one b�ock east of where Pawn America is applying for a license. 99-liit� Zoni�g Committee Minutes September 2, 1999 Pawn America � She was representing the block club of Montana and Hoyt Avenue to ask the zoning committee to deny the license request for Pawn America. She stated that the neighborhood currently has two pawn shops. One is Lincoln Pawn and Jewelry, the second is Floria Jewelers which would be located less than 2 biocks away from where Pawn America has apptied for the license. Her major reasons for coming before the zoning committee were: 1) There is no need or a want in the neighborhood for another pawn shop. 2) There already are two pawn shops in the neighborhood. 3) She cares about her community and her neighborhood, and 4) She would like to see a business located in this area that the neighborhood needs and could use and that wouid comptement the other businesses ctose to it. She went door to door on the biock and got a petition from the neighbors that could not attend. Out of the 67 residences talked with 66 and they wouid iike the zoning committee to be aware that they do not need or want another pawn shop in the neighborhood. She took a personal survey of how many people do use pawn shops in my neighborhood and found the peop{e in the neigfiborhood do not use pawn shops. She asked the zoning committee to consider the neighborhood and their needs and not to give Pawn America the license that they are requesting. Julie Pivick, 1809 E. Nebraska spoke in opposition. She lives about 200 feet from back of pawn shop. She is opposed to the pawn shop because she doesn't think it will add any value whatsoever to her neighborhood. She has talked to neighbors and their main concern was that they have space for the possibitity of a grocery or hardware store. Another concern was that White Bear Avenue would have increased traffic from outside. ;� Lois Gelden, 1826 E. Nebraska Ave. and Loretta Novack, 1474 McAfee were also present to speak in opposition. Chuck Repke spoke in opposition for District 2 and he said he received a cail from Scott Viney of the White Bear Avenue Business Association that they too oppose the request from Pawn America. He also disagreed with the staff interpretation of the definition of building wall and cited the deflnition of "building" fou�d in the Zoning Code as being "any permanent structure having a roof supported by columns or walls. Mr. Repke said that the externai walis should be used for measuring the distance requirements because of neighborhood concern about the clientele and activities potentially outside the licensed activities. Cari Wolski again stated that her interpretation meets the distance requirement of the zoning law. Commissioner Gervais closed the pubiic hearing. Commissioner Gordon moved to adopt the recommendation of staff and deny the application. Commissiones Kramer seconded. Commissioner Engh spoke in favor of the motion. She said that she remembers that the 150 foat distance requirement was included in the code not just because of guns, but also because of noise, lighting, and traffic relating io the pawn shops. Commissioner Gordon spoke in favor of the motion. He stated Pawn America does not meet the requirement of the code, and that the interpretation for distance measurement should be the exterior building wall. ;� 99-ii�� '� � Zoning Committee Minutes September 2, 1999 Pawn America Commissioner Nowlin said that, in order to approve the special condition use permit, the Planning Commission has to assess that tfie extent, location and intensity of the use wil! be in substantial compiiance with the Saint Paul Comprehensive Plan and any applicabie sub area pians. He said that the testimony shows that the proposal is not in support of the neighborhood. He said the Plan calis for urban vilfages and that this is one which we should preserve. He wanted strip centers that support the neighborhood and the urban center. Commissioner Nowlin noted that retaii vacancies are a probiem throughout the region but that doesn't mean an owner can�ut anything in a neighborhood strip mall. The motion to approve denial of the speciai condition use permit for Pawn America was moved by Commissioner Gordon and seconded by Commissioner Gordon. The request would go to the Planning Commission. Adopted Yeas - 5 Drafted by: (p/YL laurie Kaplan Recording Secretary Backup Nays - 0 Submitted by: . � c n•c � ancy Fri Zoning S ction Approved by: t;ttor�-F, � Ghair ,�,/�� J�nn �S �°�eJ.�iS 9 9-i�� Dear Zoning Committee Members, We the nei�hborhood of the 1900 block of Montana Avenue East and of the 1900 block of Hoyt Avenue East want to inform you of our neighborhood needs. Montana and Hoyt are the cross streets of l 546 White Bear Avenue our neighborhood is located east of White Bear Avenue. We the neighborhood, DO 1�OT NEED or WANT another pawnshop located in our neighborhood for two Major reasons and are asking you NOT TO give the license that Pawn America is requesting. 1. WeII do NOT need or use pawnshop services in anyway. 0 2. We cunently have�,� pawn shop located less then two biocks a way from the location Pawn America is seeking a]icense for. i-�lease consider the neighborhood and our needs and do not give Pawn America the license they are requesrin�. , ;� Thank You Listed belo�v and on the following pages are names and address of peopte that titi�e in the neighborhood of Montana and Hoyt that agree with the above statement and want you, infonn you, and ask you please not to give Pawn America the license. Thank you again. � �� ` �� %�� /1�'-�j /�c,�r��,� � �s � � � �� . 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S�� (un �F�+�U� � �� J 0 , �� la�� D �-� � � �-I-�19 I � �/��u�� l�� i1� � ( 99-1�/�a CO�lJ/ �� J � /��`" a��a � �77� ��'�� , /�J�.. �c, . � _ �� I� ��, �� Y � �� - �� s�l �.,� �- �, . - � � �—�'�� C��? ��° �� S �f� G l, �z u� /� � .��ti'� , �/�� /�;�� —,s � ! /�7� .. �-�i� �� 9-�i�� - �� _�,- ��.� ��.�n_� �. ��-Q�� S�- ��ul � .�Sfl�- �r/->>� y�j��/ �� / � � a� 7 �d�� .� s �- ��/��l�i s � ��, � � � �� "� +f�an�a„�g �t-1``�1 99-I»�� Survey on Pawnshop needs or Use. No I have not used pawnshop servies. � � c_ '� � Cu� ��s �� - � � � �� n �.� �G �� w� _� �- �� G� � � �' �� ' , �,� � ��V�,.� - �� C� �� J� �� It 'v , . � �, �� / ��/ � 59-1/l�P `� Survey on Pawnshop needs or Use. Yes I have used pawnshop senies. l i� ..,.-_ w °- :� � m 99-�/ �t� �� 1 � � Zani�(� hle� 99•Z07 C\ �� i�P�y _ � - ��- �..� ��; - - - - -- -- -- - - -- - -- - - - -- -- -- - ----- � �� e � e.� � ��.�..��- -�� ' -�-�-�-�- .�.� � .�,,��-- - ' t '�A�v`--UiCLW - vL. - �'»zo ° . 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U.��C�., ��- -�� r� -�` �,��-t/��' ``� � ± � � ; �,� y �� k `, „�i ' � � � �t/ LZ� . Z�U � �;2��A �Gf��J�� C�a ��i�.o—.� �..-��r�,..� � /��, -��/°�--�-' t�� a � ' B ./,�//�� ' -'�' ,��✓ ��1-�i�c - ° � � . �� ' �� `�ti�� Z� / L � { � -,o ��u��. �=, �� -- - : ,� �� e�Q��-��.��. - l � � 3 _ �' �� i�-2_. ,�9 . �'�� ,�� ' Gi � , r � �. c�2� � ��-�-� � ,?'��zh-� C��. �i � �.�a�- �:�-;� —�� %� .5%eb'e/I!/f k'e%cN.7ifP, �:' %FI.�3 �Nebj^a.SK�i Av� ST t�� ±�. ,�iiy' S"SII 9 ;� �i 9 -ii it� 2oh� �le� 99• zo? �� , Saint Paul Planning Commission Gladys Morton, Chair 25 West Fourth Street Saint Paul, MN 55102 Deaz Chair Morton, The Saint Paul Planning Commission will soon be deciding if they will allow Pawn America to locate at 1546 White Bear Avenue. Please, do not let this happen. We already have one pawnshop located less than two blocks from this location. They aze also btiilding a bingo parlor one block away. I don't irnow how much more of these kinds of places the neighborhood can take. Hillcrest once was a nice place to shop, and it could be a�ain. The decision is up to you. �� From �� ha2 we hear in the neighborhood, the law has to be stretched pretty thin to let this pawnshop go in: Why do you want to do that to our nei�borhood? Please, think about how to make the East Side better and do the ri�ht thing for our community. Sincerely, �o%�sa�..-� �� ,S� � n �. �iv �G�.c.� ,Li_ (/��e � � o G � 99-�� 2ohiny �le �99• � � Saint Paul Planning Cominission Gladvs Morton, Chair 2� West Four[h Street Sain[ Paul, NI�i >j 102 Dear Chair Nlonon, The Saint Paul Plannina Commission will soon be deciding if they wiil ailow Pawn America to locate at 1�46 W1ute Bear Avenue. Please, do not let this ha�pen. We a�ready have one pawnshop located less than two blocks from this location,. They_ are_ - also building a bingo pazior one block away. I don't irnow how much more of these kinds of places the neiahborhood can take. Hillcresi once was a nice place to shop, and it could be aeain. The decision is up to you. �� From what we hea; :n the neishborhood, the ia�v has to be stretched pretty thin to iet this pawnshop �o in. Why do you want to do thac to our neiehborhood? Please, think about how to make the East Side better and do the risht thine for our community. Sincerely, � � ��\-1� � � "L/ � , JU �I r /' �-� �/Z n'� �C� / I v-� � `�' ` ( � 1'� �/ S�s(�� , ;r��u� ��'��-� i�o i F . �c��- �,�-�z-. ,� -��' - �c� rn�. ss i y' L.F. SORENSON, D.D.S., P.A. R.C. - STODDARD, D.D.S. , Family Dentistry Zoning Co�ittee 25 West Fourth St. 1400 City Hall Annex St. Paul, MII 55102 Dear Sir, Re: Zoning File: 9i99-207 Zoning File Name: Pawn America Since I am unable to attend the Thursday, September 2nd, 1999 meeting, I am writing my comments to you as if I were addressing the hearing committee. I am Lowell Sorenson, a dentist on White Bear Ave. My office building is second from the corner on the block immediately south of the shopping center. I have been here 35 years. I sympathize with the owners of the shopping center in their attempt to secure tennants for their vacant space. Shortly after I bought my building, from my partner, about 20 years ago, a long time tennant, a pediatrician, left to join a large clinic. It took 2-3 years to find a tennant. After a considerable amount of time, effort and money spent in remodeling, the new tennant moved out in the middle of the night after only 6 months. I kno�p how they feel about lost income from empty space. However, I do not want to see another pawn shop in the neighborhood. We currently do not have a food store, clothing store or hardware store in the area. These are surely more important than a pawn shop so I don't see the need for a second pawn shop only a couple of blocks away for the existing one. I am not sure how much assistance the owners have sought or what is available to help them find an appropriate tennant. Possibly the city, White Bear Business Association, District 2 Community Council, real estate agent or business consultant can help. At any rate, the entire surrounding community sfiould help in the effort to recruit, retain and support the neighborhood businesses. Complaining about potential tennants, but shopping elsewhere does not help the community. Possibly dividing the space would help. Vacant s�ace is a problem all over Yhe area. Maplewood Mall and t3�e sarrou�d3ng zmpty°space due to excess retail building. The Metro area has a high retail square footage ratio per capita and older shopping areas are feeling it. I oppose the Pawn America special use permit and urge the owners to renew their efforts to secure and appropriate tennant. Sincerely, f /� � .'CC�r ��/`'/''/.nc � - Lowell F. orenson DDS� S cc: Council Member D an Bostrom j 1524 White J3ear Avenue . St. Paul, Minnesota 55106 • 776-1597 99-ltit� :� � �� ZONING COMMTTTEE STAFF REPORT 1. APPLICANT: FILE #� 99-207 PAWN AMERICA DATE OF HEARING: 09/02/99 2. CLASSIFSCATION: Special Condition Use 3. LOCATION: 1546 WHITE BEAR AVENUE 4. PLANNING DISTRICT: 2 5. LEGAL DESCRZPTION: see file 6. PRESENT ZONING: B-2 ZONSNG CODE REFERENCE: Section 60.534(6), Section 64.300(d), Section 64.300(f)(1) 7. STAFE INVESTIGATION AND REPORT: DATE: August 26, 1999 SY: Nancy Frick 8. IIATE RECEIVED: 07/27f99 DEADI,INE FOR ACTION: 09/25/99 A. PIIRPOSE: Special condition use permit to allow establishment of a pawn shop. B. PARCEL SIZE: 1.73 acres C. ExxSTINC LAND IISE: The proposed site of the pawn shpp is a currently vacant commercial space in the Hafner Centre shopping center. Other uses in the center include a print shop, hair salons, fabric store, restaurant, hobby shop, tax service, and coins/collectibles store. O£fices occupy the second level. There is a parking lot in front of the center and one behind the center, both of which are accessed from Hoyt and Montana. D. SIIRROVNpING LAND IISE: ' North: Commercial: entertainmen*_ center, retail, service (B-2) East: Single family residentiaZ (R-4) South: Commercial: retail, clinic (B-3) West: Commercial: dry cleaner, restaurant (S-3) E. ZONING CODE CSTATION: Section 60.534(6) of the zoning code permits pawn shops in the B-2 Community Business District subject to special conditions when the business is conducted within completely enclosed buildings and is separated from residentially zoned property either by a public street or by a distance o£ one hundred £ifty (150) £eet measured from the building wall of the pawn shop to the nearest lot line of the residentially zoned property, provided, however, that a modification may be granted pursuant to section 64.3000 from the foregoing requirement upon conditions discussed in Finding 3 below. F. AISTORY(DISCIISSiON: The property occupied by the Hafner Centre shopping T <� Z. P. 99-207 99-�/��, Page 2 center was zoned commercial in separate actions in 1947 and 1950. A parking lot permit was granted in 1970. The history of the Pawn America application is as follows: 1. Auaust 11. 1998. Pawn America Submitted an application for a special condition use permit at the 1546 White Bear Avenue site. The site plan, dated August 1998, which accompanied that application is attached to this staff report. That site plan shows a 7,686 sguare foot store that occupies the space previously leased by Champion Auto Stores, the existing Insty Print shop, a small vacant space and the £ront portion of an interior hallway. _ 2. Sentember 3. 1998. The Saint Paul City Council adopted an interim ordinance placing a moratorium on the establishment of any new pawn shop pending the study of possible amendments to the zoning code; as a result the Pawn America application process was terminated. 3. April 26. 1999. After the pawn shop-related amendments to the zoning code, adopted by the Saint Paul City Council on March 10, 1999, went into effect and the moratorium was lifted, �awn America submitted an application with essentially the same proposal as the August 1998 submission (see site plan dated ApTil 26, 1999). Staff concluded that the proposal did not meet provision in the zoning code specifying separation of pawn shops from residential zoning districts and returned the application, based on measurement, as shown in attached map. � 4. Mav 12. 1999. Pawn America submitted a revised application with a new floor plan showing an interior partition within the former Champion Auto Parts store space drawn 30 feet to the west of the rear interior wall. The space to the west of the new interior wall was labelled partly "vacant" and partly "common space". Attached to this staff report is a letter dated May 21, 1999, from Larry Soderholm to the applicant explaining that application does not meet the standards of the Saint Paul zoning code with regard to separation from residentially zoned property as the staff interprets it. In the letter, Mr. Soderholm notes "the 30-foot area ,is at the rear of the and has neither visibility from White Bear Avenue nor any dporyrays designed £oY cusomter access. ..[and] ... no evidence that th� 30-foot space has ever been leased previously as a separate commercia� tenancy."� 5. Julv 28, 1999. Pawn America submitted the application which is the subject of this report. The accompanying site plan, dated July 28, 1999, now labels the 30 foot space as "other commercial space". A July 23, 1999, letter �attached) from 1�Ir. Andrew Lee,. representi.ng Pawn America, says, in part, "...[We] will stipulate that the separating space will (i) not be used by the Applicant, and (ii� wi11 be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code _ _ . '�. : � Zt was detezmined by staff that the questions of intenC and interpretation of the Zoning Code being posed by the latest version of the Pawn America application needed to be considered by the Planning Commission, through the normal public hearing process for consideration i� Z. F. 49-207 ( ` _",� Page 3 of special condition use permits. G. DISTRICT COIINCIL RECOMMENDATION: On August 19, 1999, the District 2 Community Council recommended denial of the permit based upon the proposal not meeting the intent of the distance requirement stated in the code. H. FINDINGS: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Aafner Center, LLC. to rent space for a pawn shop. Provided is a lease - agreement submitted to the City wiCh the license application last August. The groposed pawn shop would cover approximately 6000 square- feet, as shown on the site plan dated July 28, 1999. A store £loor plan is also attached. It was the staff understanding from a discussion with property owner Larry Voehl that Pawn America would also lease the 30 foot deep space behind the proposed pawn shop and sublease it to anether tenant. Subsequently, however, Mr. Tim Welch, representing Pawr America, indicated that this other space would be under a separate lease agreement with the property owner, rather than subleased from Pawn America. i� ;� 2. The applicant states the Pawn America corporate entity owns ten � opezating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open twc a�.ditional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states,that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. 3. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that shops be separated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in F above, the series of submissions began with a stflre that, like the --; _previous.�enanE�:=e��eaded_the �1�Eh-af Ehe shopping center building. After staff rejected that proposal based on distance, the store layout was xevised� with an apparent attemgt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wa11 clearly designed to divide commercial spaces (as referenced in F(4) above) was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicant's new 1>b=lling of the space as "commercial space" and a stipulation that the space would be leased for another use. Z. F. 99-207 Page 4 94—��c� As noted in the staff response to the previous application, staff is � aware of no history of this rear area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. To_date, the extent of information about plans £or the space are the statements of Mr. Welch that there are a number of possibilities for leasing the space, that the leasing agent says there wi11 be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Ri�n family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner - Centre. 4. Section 64.300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location aad inteasity of the use wi12 be in s%.abstantia2 compliaace with the Saint Pau1 Comprehensive P3an and aay agpJicable subarea plans which were approved by the city council. . � This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries between residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy aad as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways £or the center. c. The nse wi21 not be detrimental to the existing character or the development in the immediate neighborhood or endanger the *�ublic health, safety and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code ._.____._because.of_the_cgncern that_pawn shops would indeed be detrimental _ to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. d. The use will not impede the normal and orderly development and ,,� improvement of the surrounding property for uses permitted ia the district. 99-i � �� Z. F. 99-207 Page 5 � In consideration oP current planning activiCies, this condition may � not be met. In recent years, the White Bear Avenue neighborhood has � become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White Bear Avenue Small Area P1an which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for � - proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the � � site of this proposal. _ _ _ _ e. The use sha12, ia a1Z other respects, confozm to the app2icable regulations of the district in which it is located. This condition is met. I. STAFF RECOMMENDATION: Based upon Findings 3, 4la), 4(c), and 4(d), staff recommends denial. �� SPECIAL CONDITION USE pERM[T APPLICATION Sain1 Pau1 Zoning Offue 1100 CitySaIIAnaer 25 West Fotvth Slreei Sain1 Par� MiYSSIOZ = 266-4589 .� ...—..,<�.�9..�/.1/..�. : �te� �f�!-�o7 � ��: �00, 0 O ` '��tt ,- £ �ew�..��ve, 'i'2 � (� APPCICANT Name -Pawn America Minnesota, LLC � Address •3935 Cedarview' Dr. - - City Eagan � gt,'MN ZA 55I22 . Daytime phone 65I-68 3-2094 of �nt} Pawn America Family I,imited Partr�rs: PROPERi'Y Address/Location_ 1546 : 'White Bear Ave., St. Pavl, NIl�7 55106 LOCATION Legal description: see attached ' ' Current Zoning B-z i>n�,.r, �a.,;,:,,...., -�--- 1 -- � i � TYPE OF PEFiMIT: Application is� �eby made under the provisions of Chapter 60 ,. V Se�tion 534 , Paragraph�; of the Zoning Code for a: Q Specia{ Condition Use Fermit p Modification of River Corridor Standards ❑ River Corridor Conditionaf Use Permit SUPPORTING INFORMATION: suppiy the in`ormation that is appiicabte to your type of permit {attach additionai sheets if necessary) , � • SPECIAL CONDtTION USE: 6cplain how the use wiI( meet each of the speciz! conditSons. • �tlVER CORRIDOft CONDtTfONAL USE: Describe how the use wili meet the appficab(e conditions. � iv10DIF1CATlON OF HIVER CORRIDOR STANDAR�S: Exptain why modifications are needed. Contact; gc tzi�nn 651-683-I094 See ��tached for �s"ditional infoana��ion , � App(icant's is �Date 2- Z �-��'" City agent 99—� � � c� LEGAL DESCRIPTION � Hayden Heights, VacAlleys Accruing and Fo3, Lot 42, Block 1. � � 99-it �t� �� PAWN AMERICA MINNESOTA,L.L.C. Pawn America Minnesota L.L.C. is the corporate entity which owns ten operating pawn stores in the state of Minnesota and is opening the eleventh in September and the twelfth in October. It's corporate offites are at 3935 Cedarview Drive, Eagan, Minnesota, 55122. The Chief Manager is Brad(ey Rixmann who has overseen the pawn stores since their inception in 1991. 'fhe locations include the following: Rochester, West St. Pauf, St. Paul, Burnsville, Hopkins, Roseville, Robbinsdale, Fridley, St.Cloud and Duluth. Except for the first two stores Pawn America has majored in secondhand retail goods with pawning being a second_ary service. The newer stores vary in size from 6,000 to 11,000 square feet and major emphasis is put on quality and used secondhand goods and a nice retail area. Pawn America's staff is weli trained and reports back to professional operations managers at the Eagan location. 'The current Pawn America stores are open for business on Monday through Friday 10:00 a.m. to 8 p.m., Saturday 10:a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 5 p.m. Pawn America has approximately 70 employees with the average newer store maintaining between seven and nine employees. The majority of these are full time. In reference to the 1500 White Bear Avenue focation, all business would be done in the enciosed area of the building. We understand the zoning to be Ba. The building exterior would be upgraded and the interior retail area enlarged. The normal retai{ area of a Pawn America store is from 3,000 to 4,000 square feet. � In reference to 64.3: Dl, We believe that the use coincides with the St. Paul Comprehensive Pian D2. 'The ingress and egress will be on the section facing White Bear Avenue and there is existing on-site parking. No change from-the previous use or entries is anticipated. D3. We believe that the use will enhance the neighborhood as the building is partialiy vacant. D4. The use wi{1 not impede the normai and orderly development and improvement of the surrounding property for uses perm+tted in the district. D5. The use wil( conform with the applicabie regulat+ans of the,disrict in which it is located. � We appreciate your consideration of our application. �� =�u� �s �9��- � �� " ' J : . �kkt OtT' R -1 • � . S CLE P��ttl . � Pky+H A*'lE1lItR - -►�NMc:��, uc IiVt-uutr�4�R/�{E. ^ : � � � s s •� � '�� . y `Sp N o "' J .: . � �� - ��a -- < � `� , � _ . m _ O° • � - � :K — _..__. ..- � . - . � � . - , 6 ' _ - o a'�y� . � ry . " P �l0 -'- - .�. _ � � _ _ - _ ._, °, � J -� - = _ _ _ _ "_ . _. ; J r . � w 1 ,K � V W S . j ' �� • � _ �}��.i .� -� � � ^' � � s �'�.'.�� J � .� ' 1 a� s� z � f �� < J 1 t � � �D H (*� T C iu t U .,,� a' 99-1�1� �� . c � ;_ �. . C � ''i • � e = a i = . �+ . _ �� . � . _ _""--------_.. . . —�--- _ _____ . _ � � I � �� . ----�-�--.._��_� ' P , � � a 7 � 3' S ! " 4 -�-- s - � 3� s � � 4 f�� t " � .f j.QL� �fu� ti� a � � < m Z c rn c� ; P 0 S � r x > � � 9 T dr-�ft1 tAsu+Fll�h� 4 A+RCE L] � D � ! � �__� �� ,; . o� O u � } � � �s : �� e � B ��'. 0�,, 6 : ,0 �� w o' � a ii � , o� � i �`' 9. M c �' �r v Y �� °,, � o � '' � ` ? G- �\ C � � � ,� - - .� �1 P.t.P,4 Ptqy �c�e w. r� 4 0.0 o� �� 99-�/i� t o FQET i MokrH - � Exa�s�r �-2 FLOOR Pt�+� ➢AwA AA��cA M�NyE3�'TA, LlC i541 wKt�e[�+.+��E. !3 �I �; I I � �'e�a4"� �.�i -� � uaL� atm srreas �r Fc� � Md�„� n � �+.�c } '1 �i `� � Nu�.ioi� f� �� ORrttJ�r .. avrna tlrY ma �M4iORl! 99-l�� LEONARD, STREET AND D£INARD - � PROFESStO\AL ASSOC3ATI0� July 23, 1999 Andre�v P. Lee 612-335-1881 ap11881 c�leonazd.com BY HAND City of Saint Paul Department ofPlanning & Economic Development 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 Attention: Mr. Larry Soderholm, Principal Planner , `i L I Re Special Condition Use Application for 1546 White Bear Avenue, Saint Paul, MN Dear Mr. Soderholm: As you know, we represent Pawn America Minnesota, LLC ("Applicant"). Enclosed are ApplicanYs new Special Condition Use Application and a check in the amount of $500 in connection with the proposed pawn shop at 1546 White Bear Avenue. We are concurrently submitting a Pawnbroker License Application to the Office of License, Inspections and Bnvironmental Protection. I am trazismittin� the enclosed Application directly to you due because of your familiarity with this location. As you previously requested, I am transmittin� a copy of these materials to Assistant City Attomey Peter Wamer. Tn your letter nf May 21, 1999, you indicated that "City staff interpret 'building wall' to mean either the exterior wall or, in a multi-tenant buildin�, an interior wall that is clearly designed to divide marketable commercial spaces." We generally concur with the City's interpretation that the interior wali is controlling, provided the wall legitimately separates the special condi#ion use from the residential use to #he extedt required by the Code (in this case, 150 feet). - _ Ij0 $OUTH FtETH $TAEET $VISF 2j00 hIiNNEAPOL25, ASI\NESOTA jSy02 TEL 6Z2-jjj-Sj00 FaX 612-jjj-16j7 LAW OFF1eE5 IN M[NNEAPOL[5, SAINT P.�VL AND MANRATO 99-��cv Mr. Larry Soderholm _ 7uly 22, 1999 i Pa�e 2 i� We do not understand or a,;ree �vith the sta£Fs position that the nature of the separatin� interior use is relevant, since the Code is merely separatin� one use from another. Nevertheless, we are submittin� this netiv Application, which provides that the separatin� space will be leased to a party other than the Applicant and will be used for commercial purposes that are permitted under the Zoning Code. We will provide you with whatever supporting materials that you need _ conceming this use. _ Since the new Appiication meets the City's separation requirement, and since we �vill stipulate that the separating space will (i) not be used by the Applicant, and (ii) will be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code, we presume that this will be acceptable. i � If you have any questions or comtnents, please call me at your eariiest convenience at (612) 335- 1881. Very truly yours, LEONARD, STREET AND DEINARD Professional Association '�Nl�� Andrew P. Lee cc: Mr. Bradley T{. Rixmann Peter Wamer, Esq. (400 Ramsey County Courthouse, Saint Paul, MN 55102, w/encls.) Timothy Welch, Esq. � � --- � � _ . =- - q9-I/�L January Stil TWT F 5 � ' 1 2 9 S 6 7 6 9 0 71 11 73 74 75 l6 17 78192027 22 23 ?;252627262930 37 March Apri! May June SMTWT F S SM7WT F S SMT'WT F 5 SMT WT F S 1 2 3 4 5 6 7 2 3 7 7 Z 3 4 5 7 8 9 10117213 4 5 6 7 8 9 10 2 3 4 5 6 7 8' 6 7 8 9 T07172 7475T677187920 17121374757617 9 707172131475 13747516771814 27212324252627 781920212223ZS 16l71879102122 20212223242i26 28293037 2526272B1930 23242526272829 272B2930 � 3031 �� July � August September October November December TW7 F 5 Shi T LVT F 5 SMTFVT F 5 Shl7LV7 F 5 Shf 74YT F 5 Sht 7VY7 F 5 7 2 1 2.? 4 S 6 7 7 2 3 4 7 2 - 7 3 3 4 5 6 1 2 3 4 6789 S 9t0 11 12 13 74 S 6789]071 3 456789 � 8 9]0717173 56T 8 4701t ?73i4757 77 t516T718192021 72737415761778 70171213147576 1415161718192-0 12731�5 15 7 6 17 75 J20 22 2� 22237425262728 79202122232425 77167920212123 2722232�f251627 192DZ1 22 23 24 25 >2�293037 293031 26�7282930 24252627282930 282930 26272d29303t � ( 31 AT; �� Cutoff Dates 3u1 b ]ul 20 Aug 3 P.u� 16 Au� 30 Sep ]4 S�p 23 Oct I1 Oct 22 Nov 5 City of Saint Paul Zoning Committee 1 Plannine Commission Schedulc for 19991tileetings 1�Iaitina Date Zonin� Committee Plannina Commission 3u122 AU,a, 5 Au� 13 Au� 5 �� Av, 19 Sep 1 Sep 16 Sep 30 - flcz�4 - — Oct 26 --� _ i�`ov S Nov 23 Aug 19 Sep 2 i� Sep Ib Sep 30 Oct 14 Oct 23 Nov 9` I�`ov 23` D�c 9 P.�g 27 Sep ]0 •. S.�p 24 Oct 8 Oct 22 Ncv 5 lTOV 19 D:c 3 Dec 17 � ° Tuesda}' hleetings " Rezoning Applications must be rzceived 7�vorking d>_ys prior to 2ny eut-ofi date. 99—I//!p � �� °� s Andrew Lee � � LEO\ARD, ST3tEET A�tiD DEStiARD Suite 2300, 150 S. Fifth Streeq O(inncapolis, MY 5540? (61?)335-I&8� �� MAIL TO: CITY OF SAINT PAUL Department of Plan¢ing & Economic Development 1100 City Hall Annex 25 �Vest Fourth Street Saint Paul, MN 55102 Attn: Mr. Larry Soderholm, Principal Planner �� 95-�� ;:�v ; BOARD OF 7pNING INDEY CARD I WHITE BEAR AVENUE Street Entire east side bet. Hoyt & Montana Location & Legal Applicant Council Lots 32-38 inc1. Block 1 & Use *CL ZF Action Fred Herring AM 1630 �'�140984 Hayden Heights Addition (Rezone to Commercial) W, 10' of Lots 30, 40, and a11 Fred & Florence Herring AM 2294 ?�154303 of Lots 31, 39, Block 1, Hayden (Rezone to Corrsnercial) Hgts. (prop, to the e. of above Lots 31-39 incl, and 1ot 40 exc.paster Entrprises P 2619 �r`160962 the E. 30' thereof and vacated alleys adjacent thereto W. '� of Lots 28, 29, 41, 42, 43, ayflower Dist. P 3032 Withdrawn 4/ E B1ock 1, Hayden Heights (parking lot) See £ile onald and Albert Ha£ne AM 6825 Granted (Rezone "A" to Comm'1.) �6245873 See file lbert and Donald Hafne P 6885 Granted (88-car cust. park.lot i�247192 See file Donald Hafner (bldg add )SP 1212 - ..�;�;h: ;,. . . . ^ *Key: A- A�endment pp _ Appeal_=�;P�:-�pe�it I Date 8/19/. 12( 9(_ 8/19f`_ 10/25/E 1/31/70 ! I �l� �� P�w z3 z� _��. �� -2 P'� - �- _ W!/�� Q � l�� ZZ 23 �Z� �� - ��,-��..�. L �� ' Gt.�... - � ' �3-29-22-23-0021-2 02 ST. PAUL * ACTIVE * 07/29/9 NAMES ---------------------------------------------------- FEE OWNER... 12/11/85 WILLIAM W& SUSAN LYNN ABEL 02/13/91 4840 NORMANDALE CT N STILLWATER MN 55D821248 PROP ADpR... 1546 WHITE BSAR AVE N ST. PALTL MN 551061602 - ----------------------------------------------------------------- ------ TAX DESCRIPTION — -------------- — --- ------------ PLAT..00452. HAYDEN HEIGHTS LOT SIZE........�...75,acg SQ F DESC........ VAC ALLEYS ACCRUING AND FOL 1.73 ACRP EX E 29 FT LOT 27 AND EX E TORRENS 29 FT LOT 43 AND ALL OF LOTS 28 THRU LOT �2 BLK 1 ----- — ----------------------------------------------------------------------- COMMENTS------ — ------------------------------------------- — - — -- ---------- NO COMMENTS -------------------------- — --------------------- — -------------------------- EVTER ANOTHER DiSPLAY CODE----> ,� i� . _ - qq-t� �� _ � . � . " � - � '.' 20:iI3iG CODE _ § �5 � �^ � Sec. 64.209. Permit, etc., time lixait. No order of t�e boud o; zoning appeals or the _ city council permitting the erection or alteration of a building or of,'=streef pa;l;ing fzcitity shall b>_ �alid for a period longer fhan one yeu, unless a buildino permit for such erection o* zlferation�is obtainedzvithin such pzriod a�d such erection o: alteratiDn is proceeding w the terms of such _ permit, unless the bozrd of zoning aopeals or the city council grants an extension not to exceed on_ year. Tn grznting such extension, the boazd cf zonino eppeals may decide to hold a public h��r- ing. (Code 1956, § 64.205; Ord. No. 1690i, 4-20-82) Division 2. Plazmino Conmi�sion 2nd YIuLr:i�; Administrator Sec. 6#.300. planning commission and plan- ning or 2oning administrator ap- pro� al. �� (a) App?tcetion to plcnr.ing con,.nission. Fi^.c person ha��ing an ox•ner= O.* leasehold interes! in land and/or bu�ldino (contineent included) is eligible to file an applicztion with the plannin; commission for: (1) Site plan approval; (2) A permit for a special condition use, d=- terminstion o3 sinilar use, nonconforr:- ing use, se casi�nce, river corrido* mc�- i5cation; o: (3) Other maEters provided for in this zo::�; code. All applications shall be filed on approp:;at= forms znd with reouisite fees. ,. Supp. No. 36 {b) Planning commission reuiecu; detegation t� adminislrc[or. The plznnina comr,.ission s'r.=_ll re�ieK• and approve or den}� site plzn;, permits cr other matters. The planning comciissioa shall have the autho:i!}' to inpo>e rez;o. able con�r tions �d limitation; on si:e p12ns z.�d permits; t� grant va,-i�nces from zoai reo la;ions relz,e� to site plzns and pzrmits, znd to nodify or revo�_e pernits. The plannin� co;,�nission nay, by ru?e, delegate to thz p1�-Lrin� cr zo�ine ed:;iinistra:r. its po�:•er to re�i=_w znd zoprove or deny s;c' 616.15 �� V�' (v) � g E. IOWA I l �..,.e �. °°° � �C 2 tw1 . P � 99-i�t�� : 35 36 37 38 ¢_39 40141 42 43 � 44 45 46 47 48 49 5p � e � - 3 ( � � � n�i „� �i ` �� ` AVE. ; ° i � � , L7 I I6 1 IS I 14 l!3 C 1 `� �� (stJ � � (cJ� Wia (m)j :»)� EJ �.6' v p, � ax` � (u9 (aq "' ' � ��r � sa.oaa :.�.>c... � (m`� (uliI�d,' P O1 L�l� Q 3 35 36 37("38 ;�39 V \\� i w 9 ;� 350� GO �� - . ..44� �-xY . -aav L. 1 I V�� --- — v° .�. -�An �e e � ' - ''' 33 34 35 36 37 29�28�Z7,�26 39 Y1>, I 4i ! 421 A3 � 44 � 45 I 46 � 47 � E. MONTANA IG 3v.s O 32 <rl _I ' 33 (ce; 31 30 29 �2b I7 26I � -lcci 11 (cFl ` zc (<zl (cil 35 �" � I hs? (.-.) (iil he) N; 36 (ip �(rs)��61 � 37 39 40 41 42 44 45 � L II a � � r.,s o t 38 �� E. 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' ., ~ I' � ; i � ^ r 1 1l � ' !- i ,� o�; s �� . °i — 53'�5�' S5�55�57�58��9;6D'�51�6> ' - j �" � � _ ! � _ � � � �.,e� ��} � ' � � � � "fwx) � >1 I _ -- .L . — - - � � 51 � 52 � �� , 99-i�i� 1 � i ;, i ; i . ` ;� '�- — c� � � ,— -- I - - � �---- HOYf I I I ' � � � ' � r� � I I � I '` ( i i � � I I � i � � � ! � J ! ,-� -_ -- � I a„::�'::�.�;, ii ;�>� �;>',fr I .?;'a. :� _'" c �" � =`�:��%p�', I � � ._��. � � I • I - -`-' -�;a � �,s�� i , , �, �� >: -,? ' _ MONTANA I I I � � � i � , I � — � � � � i � � I 4 I _ � _ �_ � � � � � _ _�� _ � NEBRAS}(A , � � , , ; � — ; � I � � j I � I I i , I ; I i � 4 � ' � � i � I � �� GP.Ef,TEP, EF,ST SID� f t A� DISTQICT 2 ;i , �co �eco r�n �coo ,cm :ccc S:.t� 1� fEE� �� ,.� 9 �z� � q9-iii� �� , � :� �1. C.V='� 3. E, 5. 6. 7. s. 9. _ 1Q. 11. 12. 13. 1=. 1 �. 16. 17. SL1i IRAY-BATTI.ECREEK-HIGH�VOOD HAZEL PARK �iAT)EN-PROSPERITY HIL,LCREST �VEST SIDE DAYTON'S BLUFF PAl'NE-PHAI,EN h'ORTH END THOMAS-bAI,B SUMMIT-Ur1IVEF2SITY 1'YEST SE VENT�I COMO _ _ . H.4MLTNE-MID�VAY ST. ANTHONY PARI: 1vfERRT.AM PARK-LEXPr'GTO�' I H.-.�SLr_:� TrLSCALESiER GROYELAh'7i HIGHL�vND SUMi�SIT IiTLL DOF,'NTO��(N ZUNING FlL� -2 � CITIZEN PARTTCIPATION PIFiNiv'NG AISTRICTS � � IO . v I �- � O I O 4 � � . � _ 1 O�V 'O C� i � �.. � _� - r-- - I ��000 � �? � � � � 000 T -r—rr� �, � , r� r ---, � �, ,,-T F,��ucr,,:r �At+.)`(� �M�t�fiCts.. 1 �� ' � + AeSO'�rtEC=�:� .. Pu� � r._.�._.._t � ._ _ ��5= t� /` � _ 20!li�y d:S: : C'7J �ddry `� � FI! E � �� / D=�TE � '�� iiiil subj'C: P �'i '�r,; �_- -- F'Lh3 D;ST_�,___ h!�p r� = a�e far- °+^ cc -- �rc-.�..� :� M1':D fz^ :: p .a... i, _- , � �J�o �- _Q mulfi�I� 13:; :ly V v2.�_ �__�_J �_ � � , 4 { � � ( o>n - '. ' ' I � `� Q` L— . I 1 � j __ ^ � r � � �� 1�TTT1��T � � =� � � ! ��TTT�T i _: 1 `` /' � �� . �(!-4�I`Q1'�' lAc M . ��T� ��N ' . �� -�1;c6UST � �� A • a . � �� •^.. s � �� s e� � Y " � G- � iV � �� ' 7 � � _. � . . g 99-/�Il� p�ta`^`""'�C" a � ��i-2a' c�� , - a � ,� . .�- b _ - a t � � `� � _ �� 9 _ � � _ ��----- _ _.--__ . _ `f �� . ------��`._ . 0 �� . 0 � _" _..� �� . , -- • .� . r _ �^�� . : � �;\ �� • .� � ^' _� � d � Q . �'. � "'_ • " � � Y • ' _" .�.:. - — i R � �� a a � o � 3 � � � � � 4 . --^-----__._.. _ --- - �` � � � _s � � � �� U N y � ; \� 2 � � 3� - - a � �•� � y �� Q - h � o Q ' � � �� N � "q �+� aa tagc aaGE.02 �C�1'�lT IPr- � � •�ii� ��/�N • ��r�l 2to�� 19q�j e a t i� r t a � 'a �� R . �� . n '� � �� S • J �� i� j N � � . Z. '� `dl � 4 N � ��7 � �� a "' = -=.�... .� 99-i�i� p��a-� � � � ��-1� �� . Gt'7 GaZ t P�� a � � y � � 2 � � � � �. 2 � � 3� o �v `�� Q s � �� oa_r P� DEPARTMENTOFPLAN*R`G & ECONOMIC DEVELOP,�T7T Brain Sweeney; )nferim PED Director � �, �� - �19-/IIIQ � � CITY OF SAINT PAIJL 25 WutFoa,th S[�eee Telaphone: 612d66-6700 No�m Co(eman, dfaynr Sain[ Pauf, MNSSIQ2 Facsimile: 612-228-3220 May 21, 1999 ,� i Mr. Brad Rixman Pa�vn America Minnesota, L.L.C. 3935 Cedarview Drive Eagan, MN 55122 RE: Special Condition L3se Permit Application of 5/12/99 1546 White Bear Avenue Dear Mr. Risman: On May 12, 1999, tive received your revised application for a special condition use permit for a pa�i�n shop at 1546 White Beaz Avenue. I had returned your application of April 26, 1999, because it did not meet the I50-foot spacing requirement from a lot �i ith residential zoning. In your revised application you have attempted to meet the spacing requirement b}� showing an i�terior partition within the building which is 30 feet further from the residential zoning district. The 30 feet between the exterior �vall and the partition is designated on the floor plan as partly "vacant" and partly "common area". The Zonin� Code says the spacing measurement is to be taken from the buildinQ wali. City staff interpret "building �vall" to mean either the exterior �vall or, in a multi-tenant building, an interior wail that is clearly designedto diuide marketable commercial spaces. The_ne�� interior walls shown in your application of May 12 do not meet this test. The 3 D-foot area is at the rear of the building and has neither visibility from �Vhite Bear Avenue nor any doonvays designed for customer access. I have no evidence that the 30-foot space has ever been leased previously as a sepazate commercial tenancy. Tlierefore, I am aaain retuming your application and check for $500.00 becausz the location does not meet the standards of the Saint Paul Zoning Code with regard to separation from residzntially VPED'SYS?�SHARED�SODER£lOL�ZO�INUIPAW� iA�1ER.L72 99'-��1G Mr. Brad Rixman - � May 19, 1999 Page 2 - zoned property. - In addition, because Pawn America has sued the City of 5aint Paul over this matter, please direct any future questions in writing to Assistant City Attomey Peter �Vamer, Room 400 Ramsey County Court House, Saint Paul, MN 55102. Sincerely, " - - �Y�� Larry So erholm � Principal Planner - cc: Andrew Lee, Leonard, Street, and Dinard Peter Warner, Assistant City Attomey � Wendy Lane, Zoning Administrator, LIEP �� \�PED'SYS?'SHAREDISODERHOL�ZO`fING�PA0.'NAty¢RLP_ n nu�s,�e,��- � g-�-� -59 t O WA s�t-a�'f rcPa,+ �.�o � SrS 18.720 � �• _� �D�si-anc.e.. be�wceh r2ar bu�ldinr� Walf of� i�4 b W�,;�e. �ea r Avehu� a� � R`'� Z°n'ir�o� c� is`h�i c�- i�b K�'l tl.0. r� � 03 �{ ?i (so) �:; p.' �.r. ti7-z,o7 9cl-//I�p ��m0� I I o <.n, � 1 � ($�� C�� 02o Csz) o Gee7 Uo�; (icol (99) ( � .�� - G� 8 aa � _ p o' �103� �1041 49 48 oD _�G�� 59.a3o 1.3G x. � I (IOS� �� I� �,4L"� Lr � � 34 35 36 37 � .'�E m \� vi � � � I I rB4i � • oo _ ., �� _ GO . o ' � � .-.-E.�(_I G -' ' •.�r9.• ..4i.. . � ..�.,, _ — - I 35. 5 - - � � Reo.r Su�ld; �a�° � •�_:��`z_� .� o_ _ � ^ waR � y � R con�r.�dis��c�'° �� 33 � 1-�(-Bi` � bcw.d � ----�� { :s�; 2� 28 �( 1 26 � 2� 22 I21 2�p � 34 , � � N�",Y H (19} ��Q. �it) �IG� ��5� 35 ((ti� ;; `ro� rm � ' � i Zo o r'�' s� � - 3 6 � �� W (zz) (zgl Us7> (zs) (w) (u) (za) d : � " I 3 - 37 'b� 39 •'e� 41 4Z A4 45 46 47 4� 49 SO ,---� H� _: I f - - - � � � � i . � 3S ,�� o ,s�r � � a �o ' � F. mo �v TA{�A � � �i . yg-�� ,. v a LEASE AGREEMENT Pawn America Minnesota, L.L.C., a Minnesota limited liability company as Tenant AND � Greenfiefd Voeht Hafner Center, Limited Liabitity Company, as Landlord NaiE : lEaxep ti.F � cuwFal:{ TD z�i'� �L�`H ATTIIPC.L�Qi 7y' ' kP►�,��,�ftoa� lt1 CYk�Rt7S A=l Rk0 A�� — 1 FOR RETAIL PREMlSES IN THE: Hafner Center 1500 White BearAvenue St. Paul, Minnesota :�- � � � tssar� os }AIn,IA1�Cw :.�FRd1i:•I.EOS�AhD STfl�i", �`ID DEItid;D � ARTfCLE I Definitions and Term Sectian 1_ Deflnitions. 99-i//� (i9eD) &. ;' 98 t3:12/Si. 13:1C/iiG. �'.2e10�'.029; P 5 LEASE THIS LEASE is made this day of .1� Au ust, '1998, by and between Greenfieid Voetrl t-lafner Centar, L'tmited Liability Campany ("Landlotd") and Pawn America Minnssota. L.L.C., a Minnesota limited liabitity cnmpany {°Tenanf"). Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (fhe °Premises"). The Premises are situated at 'I500 White Bear Avenue, Sf. Paul, Minnesota, in a shopping center (the "Shopping Cente�') commonly known as Hafner CenTer. Section 1.1 Landlord. "Landlord" has used in this tease shall mean: Greenfield Voehl Hafner Center, Limited Li�bility Company, or ifs assigns. Section 'f.2 Tenant "Tenant" as used in tiiis lease shall mean: . Pawn � America Minnesota, L.L.C., a Minnesota limited liability company, or its assignee or subtenants. Section'1.3 TenanYs Trade Name_ "Ttade Name" as used in connection with Tenant herein shaii be Pawn AmericaTM. � . Section 1.4 Shopping Center. "Shopping Cente�' as used herein shall mean the Shopping Center in which the Premises are located, and shall include all land and structures therein, and shali further include all adjacent sidewalks, parking, signs or public areas for which Landlord has some �esponsibi('rty for maintenance, snowplowing or other activiiy which resuits in expense to the Landlord. Landiord covenants thx�t there wili at all times be a minimum of four (4) reserved stalis for Tenant's employees and customers dirediy in front of the Prernises, and thaf the rest of the parking in the Common Area Yvill be available to TenanYs customers on a non-exdusive basis. Ssction 't_5 Premis�s_ "Premises" as used herein shall refer fo (a) Location 1550 co7ifaining a{otal af 5,200 square feet of gross leaseable area as cross hatched on Exhibit R, and (b) the space, which contains 2,1Q0 square feet of leaseable area as cross hatched on Exhibit A, but which wiil be stipulated to be 1,750 square feet for purposes of this Lease (the "Contingent Space"). � 5ection �.6 Gross Leaseabfe Area. "Gross Leaseable Area" as used in this lease shall refer fo the area designations as shown on Exhi6it A. I6S:192.a6 9S-�i�� Section 1.7 Rent. °Rent" as used herein shaii inc(ude Minimum Renf � and Additional Rent as defined herein. ;� in addifion, Tenant shall pay each monfh during the Lease Term the Landlord's actual cost of relocating the tenanfs currently occupying the Contingent Space, amortized over 180 months, provided that Tenant's mnnthly payments to Landlord for relocation wiil not cumulatively exceed $10,000. For example, if Landlord's relocztion costs were $8,000, then TenanYs monthly payment would be $44.44 per montn [8,000/180j. Further, if Tenant exercises its option to terminate the Lease under Article XX, Section 2, then the balance of the monfhly relocation payments would be immediafely due and payabie. For example, if Tenant terminated the lease at the end of the sixth year, and the Landlord's relocation costs were $8,000; tfisn 'fenant would owe a relocation payment of $4,800 [7a81180 x 8,000]. Secti� 1.9 Additional Rent. "Additional Renf" as used herein is the amount of increase in excess of three percent (3%) per Lease Year in the foilowing costs, over and above the amount of such costs in the first complete Lease Year commencing on January 1 and ending on December 3�: � ' a. Taxes as defined in Article iil. ts�sr_os 2 Paw.vm�.�u Section 1.8 Minimum Rent. °Minimum Rent° shall be the amount to be paid in accord with Article II over the Lease Term as follows: - 9q-i�� b. Common Area Costs as defined in Article 1V. � c. Utility cosfs as provide din Article VI. d. Insurance Premiums as provided in Articie X. Section 1.10 Permifted Use. °Permitted Use" as used herein shalf mean the following and no other use: pawn store, secondhand goods store, video and compacf disc sales (new and used), sale of elecfronics, computers and musical equipment (new and used), and all other lawful retaif uses, provided fhat Tenant may not use the Premises for sale of any product or seivice not specifically lisfed above for which Landlord has previously granted an exciusive use or right to another tenant. Section 1.11 Commencement Date. °Commencement Date" as used herein shall refer to the daie first above written. Section 1.12 Rent Commencement Date. "Rent Commencement Date° as used herein shall mean the earlier of (i) thirty (30) days after Landlord delivers the Premises to Tenant and the last of the contingencies under Article 10 below is compieted or waived by the party benefiting from the contingency, or (ii) the date the Tenant opens for business to the public. � , Section 1.13 Termination Date. "Termination Date" as used herein � shall mean the {ast day of the final month of the Lease Term. Section 1.14 Landiord's Work. "Landlord's Work" as used herein shall mean that portion of the construction acfivity necessary to accomplish the Standare� Tenant Improvement Schedule. Section 1.15 Tenant's Work. "Tenant's Work" as used herein shall mean the construction and finishing work. Section 2. Term. This lease shall be in efFect from the Commencement Date until 11:59 p.m. on the Termination Date. The Terminafion Date shall be July 31, 2013. Rent will commence on the Rent Commencement Date. The period from the Commencement Date through the Termination Dafe is referred to herein as the °Lease , __ Term°. - Section 3. ==PossessPon. Landlord shall have no obligation to de(iver possession of the Premises to Tenant until Landlord's Work is complete and Landlord's contingencies are completed or waived. Tenanf shall be entitled to possession of the Premises on and after such date; provided that Landford shall be entitled to enter onto ti;= Premises on and affer such date for the purpose of completing Landlord's Work, if any Landiorc!'s work remains to be completed, and as otherwise provided in this Lease. ,� ie.r_ar_.os c rwwxAS�.�c+ � 9q��ii�a Section 4. Lease Year. °Lease Yea�' shall mean a period of twelve (12) � consecufive ca(endar months commencing on January 1 and ending on December 31. The first Lease Year shall be that portion of fhe Calendar Year fol(owing the Rent Commencemenf Date. The Final Lease Year shall be the Lease Year commencing on January 1 of the year of the Termination Date and ending on the Termination Date, nofwifhsfanding the facf thaf such period may be less than twelve (12) months. Section 5. Rentais Payable. Tenanf shall pay to Landlord fhe following categories of charges as cent {co{{ectively, "Rent") for the Premises: a_ Minimum Rent; b. Additional Rent; All such amounts shall be due and payable on the first day of each month at Landiord's address as set forth herein or such other acldress as Landlord shall notify Tenant in writing. Section 6. interest and Late Charge. Aii Renf and any other sums payable hereunder by Tenant which are not paid within ten (10) days after written notice thaf such sums are due shall bear interest from the dafe due to the date paid at the rate of 18% per annum or the highest rafe permitted by law, whichever"is less. in addition to the above, Tenant shall pay Landlord a$100.00 service charge with respect to any � �instaffinent of Rent payments not paid by the tenth {90th) day afiter written no#ice that such instaliment is due and payable. Said $100.00 charge is a service charge to paRially cover extra expense invo{ved in handiing definquent payments. Tenant will be charged a$25.00 service charge for any check wriften to Landiord that is returned by its financial institution for nonpayment or insufticient funds. ARTICLE (I Minimum Rent Minimum Rent shall be due � and payable by Tenant without prior demand therefor in monthiy installments on the firsf day of each month, at the ofrice of Landlord or at such other p(ace designated by Landlord. Minimum Rent shall be due and payable in the amoT�nt sef forth in Article 1 herein. Minimum Rent for the first full calendar month of the Lease Term following the Rent Commencement Date shali be paid on the Renf Commencement Date. � tss_sszos � e��.�,�.� (� 94-i�i� ARTiCLE (11 - � Taxes Landlord shali pay Tenant's share of Real Estate Taxes as specified in fhis - Article ill, Tenanf shall pay ifs share of the amount of the increase in Real Estate Taxes in excess of three percent (3°/oj per Lease Year, over a�d above the amount of Taxes in the firsf complete Lease Year commencing on January 1 and ending on December 31. Tenant's sfi�are of such increases in Real Estate Taxes shail be calcu(ated by dividing fhe g�oss leaseable square footage of tfie Premises (including the Confingent Space, if leased by Tenant) by the totai gross leaseabie foofage of the Shopping Center. The term "real estate taxes" shall mean all taxes and assessments (speciai or otherwise) levied or assessed against the Shopping Center (land, buildings, and improvements), and other taxes arising out of the use and/or occupancy of the Premises imposed by Sfate, County or Local govemmental authorify or any other taxing authority having jurisdiction over the Shopping Center (inciuding expenses directly incurred by Landlord in contesting the validity of, in seeking a reduction in, or in seeking to prevent an increase in any such ta�c(es) or assessment(s), but shall exclude franchise, capital stock, estate or inheritance taxes Qersona( in nature to Landlord). Any reductions in real estate taxes resulting from Landlord's coritest of the real estate ta�es shall be rebated to Tenant based on the Lease Year for which such reduction '� was received. All assessments sha(1 be inciuded in rea{ estate taxes as if financed over the longest period allowed by fhe assessing authorify. As close as passible to the beginning of each Lease Year Landlord shall estimate Reai Estate Taxes referred fo in fhis Article and notify Tenant of the estimate of Real Estate Taxes and any amount of increase that may be paid by Tenant. ARTICLE IV Common Areas Section 1. . Common Areas. The tecm. °Common Areas" shal! mean all that portion of fhe Shopping Genfer excepting only_that area whic}i�is constructed for lease to tenants or hereaftec leased to tenants. The Common Areas inciude a minimum of twenty-one (21) paFf�ing stalis in front of the Premises. Section 2. Nonexclusive Use; Easement Agreements. Landlord grants to Tenant, its employees, customers and invitees, the nonexclusive right (except �rrith respect to Tenant's exclusive parking rights which shall be exclusive to l"enant and its customers} cluring the Lease Term to use the Common Areas from time to time � constructed, such use tD be in common with Landlord and all tenants o` Landlord, its tur_ss� o> 5 e�wd,as�cw 9'9-��i�o and their employees, customers and invitees. Tenant shall not at any time interfere � with the rights of Landlord and ofher tenants, its and their employees, customers and invitees, to use any parf of the Common Areas. Section 3. Maintenance and Operation. Landlord agrees fo operate and maintain all Common Areas. The manner and cost of such management, operation and maintenance shall be at the sole discretion of Landiord. Landlord discretion shall be reasonabie. Landlord sMall have the right to adopt and promulgate reasonable, nondiscriminatory rules and regulations which do not inferfere with the ability of Tenant to carry on its business as presentiy contempletsd, including the right to designate parking areas for the tise of employees of tenants of the Premises and.to restrict such employees from parking areas designated exciusively for customers (except for the four (4) parking sfalis provided for the exclusive use of Tenant's employees). Upon reasonable request by Landlord, Tenant shall furnish a complete list of the names of Tenant's empioyees ai the Premises who have automobiles and the license number of all motor vehicles operated by Tenant. Landlord shall have the right fo use portions of the Common Areas for fhe purpose of display, promofions, programs, games or other use which may be of interest to all or part of the generai public, so long as such use does not interfere with the ability of Tenant to serve its customers. Landlord shall have the right to close portions of the Common Areas from time to time for repairs, to preven4 public rights from accruing therein and for any other legitimate purpose. � �_ �sction 4. Common Area Costs. Common Area Costs shall include all expenditures by Landlord for managing (with management fees not to exceed five percent (5%) of gross rents received by Landlord), repairing, insuring (with respect to both the Common Areas and Common Area maintenance employees), operafing, securing, traffic regulating, lighting, cleaning, snow removai, trash and garbage storage and removal, line painting and maintenance, including such replacement of paving, curbs, sidewa{ks, landscaping, drainage, lighting, roof maintenance, and the cost ofi repairing and repiacing equipment used by Landford in fhe perormance of its maintenance obligation, in monthiy payments due and payable with the .monthly paymerts of Minimum Rent. Common Area Costs shall not include the following: leasing comt�issions and costs of marketing; the cost of constructing leasehold improvements; payments of principal and interest on any mortgages, contracfs for deed or other encumbrances upon the Shopping Center, depreciation of the capital cosf of the Shopping Center except as provided above; #he cnst of any items for which Landlord is directly reimbursed by insurance proceeds, condemnation awards, a tenant of the Shopping Center or the like; costs associated with the operation of the business of the entity which constitufes Landiord;swhich costs are not directly refafed to maintaining or operating the Shopping Center (by way of exampie, the formafion o` the entity, internai accounting and legal matters, including but not limifed to preparation of tax returns and financiai sfatements and gathering of data therefor, costs of defending any lawsuits related to maintaining or operating the Shopping Center; costs of any disputes between Landlord and its employees); any expense representing zn amount paid for products or services (other than � overali property managemer�t) to a person or entity relating to or afrilia'ed with Landlord iey_sr �< g P�M'N.b�:[� 99-/�It� which is in excess of the fair market value of such services and products; fees incurred in � disputes with tenants; costs of remediation of hazardous maferials, exciuding law(ul use and disposition of reasonable quantifies of supplies used in the ordinary course of operafion and maintenance of iike shopping centers; costs of compliance with the Americans with Disabilities Acf; or the cosf of any items of repair or replacement which are capifalized for Federal income taxes by the Landlord, except that such capitalized items may be included as a Common Area Cost prorated each Lease Year over their expected useful (ife. Tenant's share of such Common Area costs shall be computed and paid in the same manner as provided with respect to taxes in Articfe 114 above, substitufing the amount of operating costs for the amount of Real Estafe Taxes for the purpose of making such computation. - - Section 5. Capital Improvements. For the purpose of this Lease the costs set forth in Section 4 of this Article VI shall .be deemed to inc(ude costs of capital improvements made to the Shopping Center subsequent to the Commencement Date (i) which wili improve the operating efficiency of the Shopping Center, or reduce its operating expenses; or which (ii) have been made in order to comply with safety or other requirements of any federai, state or local law or govemmental regulation. Such costs, with inferest at the rate of twelve percent (12°/a) per annum or the highest rate permitted by law, whichever is less, shall be amortized over the expected usefui life of the improvement. In the evant fhat such expenditures are less fhan twenty-five cents ($,25) per square foot of the Shopping Center, Landford may choose to treat them as an operafing expense rather than amortize them. Capital improvements shail be !,� �capped at $.25 per square foot of the Premises annuaily. ARTICLE V Use Section 1. Permitted Use. The Premises may be used only for the permitted use ("Permitted Use") set forth in Article I attached hereto, subject to the provisions of Section 2 of this Article, and for no other purpose without the written consent of Landlord. Tenanf shall promptiy compiy with ail laws, ordinances and regulations affecting the Premises or TenanYs business the�ein, plus insurance compa�y requirements affecting the cleanliness, safety, use and.accupation of #he Premises. Section 2. Covenants of Tenant. Tenant sha(1 not, without Landlord's prior written consent, conduct a fire, close-out or bankruptcy sale in or about the Premises, or any "sidewalk sales" or other display or sale of inerchandise outside of the interior of the Premises. Tenant shall not obstruct the Common Areas or use the same for business or display purposes; nor abuse walis, ceilings, partitions, floors, wood, stone or iron work; nor use piumbing for any purpose other than that fior which constructed; nor make or" permit any objectionable noise or odor to emit from the Premises; nor � create, maintain or permit a nuisance thereon; nor, without Landlord's prior written 16Y:89'_03 7 PAaNxs@s[G �9-I! /4� - consent, place nor permit any radio or television antenna, loud speaker or sound � amplifier, or any phonograph or other devices similar to any of the foregoing outside of the building or at any place where the same may be seen or heard outside of the building; nor where loading and delivery services are provided, use or permif to be used ofher entrances for delivery or pick-up of inerchandise or supplies to or from the Premises, or permit trucks or ofher delivery vehicles while being used for any such purpose to be parked at any place within the Shopping Center except such facilities as are specifically provided for such purpose. Tenant shall nof permit any blinking or flashing (ighf to emit from the Premises. Tenant shall keep the Premises and service corridor areas allowed for fhe use of Tenant clean and free from rubbish and dirt at a{{ times. Tenant shail regularly deposif all trash and garbage in receptacles designated by Landlord. Tenant shall riot burn any trash or garbage at any time in or about the Shopping Cenfer. Section 3. [Intentionatly Deleted] Section 4. [Intentionaily De(etedJ ARTICLE VI Utilities ' � �� Section 1. Payment fo� Utifities. Tenant sha!! pay for al4 heating, air conditioning, elecfricity, gas, water and sewer charges used in the Premises. if Landiord elects to supply said ufilities to the Premises, Tenan# shall use only utilities supplied by Landlord in the Premises and shatl pay for all utilities so supplied by Landlord at rates no greater than if supplied directly by-�tie public utilities which would othervvise serve the Premises. Tenant shall pay for such utility charges by paying its stiare of such charges as determined by Landlord, provided that the Tenant may require that the Premises be separately metered or submetered at the Landlord's cost. In fhe event such ufilities are supplied by Landiord, Tenant's share shali be payable as Additional Rent with its Monfhly Minimum Rent payment based on actual billings and TenanYs share thereof. Notwithstanding anything to the contrary contained in this Lease, Tenant shall pay atl charges for utilities suppiied to the Premises commencing on the date on which Landlord delivers �ossession of the Premises to Tenant with all confingencies remoVed. _ Section 2. =tnterruption of Service. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by any other suppiier of any utilify or other service to the Premises shail be inferrupfed or impaired by fire, repairs, accident or by any cause beyond Landlord's reasonable control. ,� l6a`!34205 �-'� PAw,vASo-xCa 9� -�l/t� t� {� ARTICLE VI! Re airs Section 1. Landiord's Maintenance Obfigations, Landlord shall keep all - common areas, fhe foundations, exterior waf(s (except pfate glass or glass or ofher special breakable maferiafs used in structurai portions),. and roof of the Shopping Center and Premises in good repair, and if necessary or required by proper governmental aufhority, make modifications or repiacemenfs thereof, excepf that Landlord shali not be required to make any such repairs, modifications or replacemenfs which become necessary or desirable by reason_of the illegal acts or willfuJ misconduct of Tenant, its agents, or employees, which ai(ow Landlord's insurer to deny coverage Section 2. TenanPs Maintenance pbligations. Except as provided in Section 1 of this Article, tandlord shali not be obligated to make repairs, repiacemenfs or improvements of any kind upon the Premises. 7enant shali at ali times keep the Premises and any equipment, facilities and fixtures, including entrance doors, heating, cooling, plumbing, elecfrical and mechanical fixtures therein contained, in good order, condition and repair, and in a clean, sanitary and safe condition and in accordance with ali applicable laws, ordinances and regulations of any governmentai authority having jurisdiction. Tenant shali permit no waste, damage or injury to the Premises. .Tenant's obligation to pay for the cost of HVAC repairs shaii be capped at�$500 per Lease Year. All additionai costs for repair ofi the HVAG �ystem will be paid by the Landlord. Section 3. TenanYs Obligations Regarding Plate Glass. Tenant shail forthwith at its own cost and expense replace with gfass of fhe same quality any cracked or broken glass, inciuding plate glass or giass or ofher special breakable materiais used in structural portions, and any inferior and exterior windows and doors in the Premises. ART6CLE VII! Instaltations. Alterations and Siqns �'� Section 9. TenanYs Work. On and after the date on which Landlord delivers possession of the Premises #o Tenant with all contingencies completed or waived, Tenant shall enter �he Premises for the purpose of perForming TenanYs fixturing and other Tenant impro`vemenfs to�the Premises (°Tenant's Work"). Section 2. Maintenance of Interior by Tenant. Tenanf, at its own expense, shali maintain its store fixtures, fioor covering, interior painting and dscorating. Section 3. Signage. Tenant shall not erect or install any signs, advertising media or displays of any kind or make changes fa exterior of the Premises which may isr_sszn3 � PwwNAy�%[G 99-i i�t� be seen from the outside of the Premises withouf Landlord's prior written consent, �� which wilf not be unreasonabiy withheld. Notwithstanding fhe previous sentence, Landlord hereby consents to the signage depicfed on Exhibit B hereto, and to the placement of TenanYs signage on the pyfon sign located in front of the Premises at the Shopping Cenfer. Tenant's pylon signage will be at least forty (40) inches by eleven (11) feet. Landlord wil( make a reasonable effort to obtain the consent of the tenants relocating from the Contingent Space to move their signage to the existing "For Pef's Sake" pylon sign. Tenant will have fhe right to piace the signage depicted on Exhibit B on the exterior of the Premises in the same size as Landlord's currenf fenants. Section 4. Alterations by Tenant Tenant sfiail not make any repairs, alferations or additions to #he Premises with a cost in excess of $25,000, or make any contract therefor without first procuring Landlord's written consent. Tenanf shall fumish such indemnification against liens and other ciaims as Landlord may reasonably require. landiord may condition its consent on such indemnification being furnished by Tenant. All afterations, additions, improvements and fixtures, other than trade fixtures, which may be made or instal{ed by either of the parties thereto upon the premises and which in any manner are attached to the floors, walls or ceiling, which are not removed by Tenant or its lender, shall become the property of Landlord at the termination of this lease and shall remain upon and be surrendered with the premises as a part thereof, without damage or injury, normal wear, tear and casualty excepted. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall have fhe � right fo place two (2) antennas and one (1) satellit� �ii�� on the roof of the shopping Center. � Section 5. Liens. Tenant shail promptiy pay all contractors and materialmen, so as to eliminate the possibility of a lien attaching to the Premises, and should any lien be made or filed, Terrant shall bond against or discharge the same wifhin thirty (30) days after written request by Landlord. Nothing in this Lease shali be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability under fhe laws of the State of Minnesofa. ARTICLE tX fndemnitv Section 1. Indemnification. Except for fiabi{ities arising from Landford's intentional conducfl`"or from an act or occurrence for which Landlord's negiigence and wiliful misconduct was the cause in fact, Tenant shall indemnify and save tandford harmiess against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising from the canduct ar manzgement of fhe business conducted by Tenant in the Premises or from any breach or default on •fhe :� part of Tenant in the performance of any covenant or agreement on the part af Tenan� to be performed pursuant to the terms of this Lease, or from any act or negligence or 168'_Y7:05 10 Pad+.v�sx 99-�i�t� Tenant, its agenfs, contractors, servants, employees, customers, sublessees, t� concessionaires or licensees, in or abouf the Shopping Center or the Premises, to the ` extent the Landlord's loss or damage is not covered under a policy of insurance owned by Landford or Tenanf. In the case of any action or proceeding brought against Landlord by reason of any such ciaim, upon notice from Landlord, Tenanf covenants to - defend such acfion or proceeding with counsel reasonabiy satisfactory to Landlord. Section 2. Waiver of Subrogation. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agenfs, servants and _ employees for loss or cJamage to, or destruction of, fhe buildings and other improvements situated on the premises resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any of said persons or otherwise. Likewise, Tenant hereby waives and releases..all ciaims, liabilities and causes of action against Landlord and its agents, servants arid empioyees for I�ss or damage to, or destruction of, any of the improvements, fixtures, equipment, supplies, merchandise and other property, whether that of Tenant or of others in, upon or about tfie Premises or the Shopping Center resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any said persons or otherwise. The foregoing mutual waivers are given in consideration of each other, and the termination or suspension of one shall, with like effect, terminate or suspend the other. �.� ARTICLE X Insurance Section 1. Increased tnsurance Premiums. Tenant shall nof carry any stock of goods or do anything in or about the Premises which shall in any way tend to increase insurance rates on the Premises or the Shopping Center. Should insurance rates on the Premises or the Shopping Center be increased by any act of Tenant, Tenant shall pay as Additional Rent the entire amount of such inci Section 2. TenanYs Insurance. Tenant agrees to procure and maintain a poficy or policies of liability insurance at its own cost and expense insuring Landlord, Tenant and Landlord's mortgagee (if so required by said mortgagee) from ail claims, demands or actions for property damage, personal injury or death susfained by one or more persons as a result of any one occurrence in the amount of One Million Dollars ($1,000,000) (com6ined single limit personal injury and property damage), made by or on behalf of any person or persons, firm or corporation arising from, related to or connected with, the conduct and operafion of Tenant's business in the Premises. Said insurance shali not be subject to canceilation except after at least thirty (30) days' prior written notice to Landlord, and duly executed certificate or certificates for the policies, together with satisfactory evidence of the payment of premium thereon, shall be � deposited with Landlord at the commencement of the Lease Term and, upon any l68'_39'_OS 11 PAwt+Aaax:u ' 99—��ic� renewal of said insurance, not less tfian thirty (30) days prior to the expiration of the � period of sucfi coverage. if Tenanf fails fo comply with such requirement, Landlord may obtain such insurance and keep the same in effect, and Tenant shall pay Landlord the cost thereof upon demand as Addifional Rent. Section 3. Landiord's Insurance. Landlord shall procure fire and exfended coverage in the amount of replacement value and other reasonably necessary insurance on fhe Shopping Center. The cost of such insurance shall be included among the Common Area expenditures contemplafed in Article VI hereof. Section 4. TenanYs Insurance on improvements. Tenant shall mainfain, at_ - its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of all improvements in the Premises in fhe event of a loss, in companies and in a form acceptable to Landlord. The insurance which the Tenant agrees to carry in this section shafi insure the full insurable value of the improvements installed and paid for by Tenant in the Premises. Upon request therefor by Landlord, Tenant will deposit a certificate evidencing such policywith Landiord. Section 5. Nazardous Waste. If TenanPs business shail manufacture, handle, transport, store, dispose or use in any way, any substance or material classified as hazardous by the Comprehensive Envi�onmental Response Compensation and Liabilify Act of 1980 (C.E.R.C.L.A.), the Minnesota Enyironmentai �� Response and Liability Act of 1983 (M.E.R.L.A.), the Clean Air Act, the Soli�i Waste Disposal Act or the Federal Water Pollufion Control Act or any other statutory or regulatory provision, other than small amounts of cleaning and janiforial supplies, then Tenant shail carry adequate insurance to cover any and all expenses associated wifh the ciean up of any spi(i, leak, pumpi�g, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing of any of these materials. Tenant further agrees to indemnify, defend and hold harmless Landlord from any suit or claim as a direct resu(t of Tenant's acfions. ARTICLE XI Fire or Other Casualtv Section 1. Landiord's Obligation to Repair. If the Premises shall be damaged by fire, tfire elemenfs, accident or other casualty (any of such causes being referred to herein as a"Casualt�'), but the Premises shall not be thereby rendered wholly or partially untenanfable, Landlord shall promptly cause the damage to be repaired and there shail be no abafemsnt of Rent. if, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 2 of this Articie, Landiord shail cause such damage to be repaired !� and, Minimum Rent shall be abated proportionately as to the portion of the Premises �6�r� o> 12 e.�.�,�:�. 99-1l1� rendered untenanfabie during the period of such unfenantabilify. Ail such repairs shail ( be made at the expense of Landlord, subjecf to TenanYs responsibilities set forth � herein. Landiord shail not be liable for any interruption of Tenant's business or for damage to or replacement or repair of Tenanf's personaf property (including, without limifation, inventory, trade fixtures, floor coverings, fumifure and ofher property removable by Tenant under. the provisions ofi this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair sha(I be unde�taken and completed by Tenant promptfy. Section 2. Landlord's Option to Terminate. lf the Premises are: (i) rendered wholiy untenantabie, or (ii) damaged as a result of any cause which is not covered by insurance required to be carried by Landiord by the terms hereof, or (iii) damaged or destroyed in whole or in part during the lasf two (2) Lease Years, or (iv) if the building in which the Premises are located is damaged to the extenf of fifty percent (50%) or more ofi Landiord's gross leaseable area, then, in any such event, either Landlord or Tenant may elect to terminate this Lease by giving nofice to the other of such eleetion within one hundred twenty (120) days afFer the occurrence of such event. If such notice is given, the rights and obiigations of the Parties shall cease as of the date of such notice, and Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusfed as of the date of the casualty. Section 3. Extent of Reconstruction. Landlord's obligation to repair or ' re6uiid pursuant to this Article shall be limited to a basic building and the replacement � of any interior work which may have originally been installed at Landlord's cost to the e�ent of +nsurance proceeds availab{e to tandlord for such purpose. 1n no event in the case of any such destruction shall Landlord be required to repair or repiace TenanYs stock in trade, feasehold improvements, fixfures, furniture, furnishings or floor coverings and equipment instailed and paid for by Tenant. Tenant covenants to make such repairs and replacements. Section 4. Demolition of Landlord's Building. If the Premises is so substantially damaged ihat it is reasonably necessary, in Landlord's judgment, fo demolish it for the purpose of reconstruction, Landiord may demolish the same, ii� which event Annual Minimum Rent shaN be abated to the same extent as ifi the Premises were rendered untenantable by a Casualty. Section 5. lnsurance Procseds. -=!t Landlord does not elect to terminate this Lease pursuant to 2 of this Articie, Landlord shalf, subject to the rights of any mortgagee, disburse and appiy any insurance proceeds received by Landlord to the restoration and rebuilding of Landlord's building in accordance with Section 1 hereof. All insurance proceeds payable with respect to the Premises (exciuding proceeds payable to Tenant with respect to Tenant's property and any insurance proceeds paid with respect to insurance policies purchased by Tenant) shall belong to and shali be ; � payable to Landlord. tsr_sr_os 13 ewwv�tcw #� ARTIGLE X(t Eminent Domain 99-��t�o Section 1. Effect of Taking. If the whole or any part of the Premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date Tenant is required to yield possession thereof fo the condemning authority. Land{ord shaii make such repairs and alterations as may be necessary in order to restore fhe part not taken to useful condition and ali Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be reduced in the same proportion as the portion of the gross leaseable area of the Premises so taken bears to the total gross leaseable area of the Premises. if the aforementioned taking renders the remainder of Premises unsuitabie for the Permitted Use in the sole opinion of Tenant, either parEy may terminate this Lease as of the date when Tenant is required to yield possession by giving notice to that effeci within thirty (30) days after such date. If ten percent (10%) or more of the total gross leaseable area in the Shopping Center is taken, or if by reason of a taking the number of parking spaces in the Shopping Center is reduced by more than fen percent � (10%), and if Landford does not deem it reasonably necessary to replace such parking spaces with other parking spaces within the Shopping Center, either party may elecf to terminate this Lease as of the date on which possession thereof is required to be yieided to ihe condem�ing authority,.by giving.notice of such electio� within ninety (90) days after such date. If any notice of termination is given pursuant to this Section, this Lease and the rights and obligations of the parfies hereunder shall cease as of the date such notice is deiivered and Rent (other ihan any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be adjusfed as of the date ofi such termination. Section 2. Condemnation Awards. Afl com¢ensation awarded for any taking of the Premises or the Shopping_ Center or any interest in either shall belong to and be the property of Landlord, Tenant hereby assigning fo Landlord all rights with respect thereto; provided, however, nothing contained herein shall prevent Tenant from applying for reimbr.irsement from fhe condemning authority (if permitted by law) for moving expenses, or the expense of removal ofi ?enant's trade fixtures, or loss of Tenanf's business goodwiil. Notwithstanding fhe other provisions of fhis paragraph, if Landlord receives a condemnation award after the efeventh year of the Lease �term, Landiord will reimburse 7enant for its cost of tenant improvements to the Premises. � I6F_Y4:.0> 14 PnwelA.�e�ew ARTICLE Xlfl �� Assiqnment and SubletEinq 9y—i�ic� Section 1. Assignment and Subletting - Landlord's Consent Requir�d. Tenant shall not assign or in any manner transfer this Lease or any interest fherein, nor sublet the Premises or any part or parts thereof, nor permif occupancy of the Premises by anyone wifhout fhe prior written consenf "af Landlord provided that Tenant may assign the Lease to any entity fhaf purchases the majority of Tenanf's stores in fhe Minneapolis/Saint Paul metropolitan area or purchases substanfially all of Tenant's membership interests or assets._ No assignm�nt shail release Tenant of any of its obiigations under this Lease or be construed or taken as a waiver of any Landlord's rights under this Article. Consent.�y Larid�ord lo ariy sale, assignment or transfer shail not be unreasonabiy withMeld. Landlord's consent shall not be unreasonably withheld or.delayed. ARTICLE XIV Access to Premises Aftef reasonable prior notice to Tenant, Landlord shall have the right to enter � , upon the Premises during a(1 business hours for the purpose of inspecting the same or '� of making repairs, additions or alterations thereto or to the Shopping Center, or for the purpose of exhibiting the same to prospective tenanfs, purchasers or others. Landlor� shall have the right to enter the Premises at any time for emergency repairs to protec4 the property and mitigate damages. Landlord shall no't be liable to Tenant in any manner for expense, loss or damage by reason thereof, uniess caused by Landlord's gross negligence or willful misconduct, nor shall the exercise of such right be deemed an eviction or disturbance of Tenant's use or possession. ARTICLE XV Remedies Section 1. "Event of Default" Defined. Any one or more of the following evenfs shall constitate an °Evenf of Defauft°: (a) The commencement of a case under any chapter of the Federal Bankruptcy Code by or against Tenant or any guarantor of Tenant's obligations hereunder, or the filing of a volun#ary or involuntary petition proposing the adjudication of Tenant or,any guarantor as bankrupt or insolvent, or the reorganization of Tenant or any such guarantor, unless the petition is filed or case commenced by a party oth2r i� 16tC_39'_J> 15 P�werqs�ew 9'9-i�i� than Tenant or any such guarantor and is withdrawn or dismissed within fhirty (30) days � after the date of ifs filing. (b) The failure of Tenant to pay any Rent or the sum of money within ten (10) calendar days after written notice the same is due hereunder. it is acknowledged that, except for Landlord's obtigations to deliver possession ofi ihe Premises, Tenant's covenant to pay Rent is entirely independent. (cj Default by Tenant in t#te �ertormance or observance of any covenanf of agreement of this Lease (ofher than a default invoiving the payment of money), which defauit is not cured within thirty (30) days after the giving of notice thereof by Landlord, unless such default is of such nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall occur so long as Tenant shali commence the curing of the Default within such fhirty (30) day period and shall thereafter diligently prosecute the curing of same. (d) The occurrence of any other event described as constituting an °Event of DefaulY' elsewhere in this Lease or in any Exhibit or Rider hereto. Section 2. Remedies. Upon the occurrence and continuance of an Event of Default, Landiord, without notice to Tenant in any instance (except where expressly provided for be4ow) may do any one or more the foffowing: ' ',� �' (a) Perform on behalf and at the expense of Tenant any obligation of Tenant under this Lease which Tenant has faifed to perform and of which Landlord shali have given Tenant notice, the cost of which performance by Landlord, together with interest thereon at the Defauit �Rafe from the date of such expenditure, shall be deemed Additional Rent and shall be immediately due and payable by Tenant to Landlord. (b) Elect to terminate this Lease and the tenancy created hereby by giving notice of such election to Tenant. (c) Exercise any other legal or equitable right or remedy which it may have. Notwithstanding the provisions ofi clause (a) above. and regardiess of whether any Event of Default shail have occurred, Landlord may exercise the remedy described in clause (a) without any notioe to Tenant if Landlord, in its good faith judgmenf, believes it wouid be injured by failure to take'rapid action or if the unperformed obligation of Tenaat-constitutes an emergency. Any costs and expenses incurred by Landlord (including, without limifation, aftorneys' fees) in enforcing any of its rights or remedies under this lease sha(I be deemed to be Additional Rent immediate{y dus and payable. Sectian 3. Damages. if this Lease is termin2ted by tandlord pursuant ta ;� Section 2, Tenant nevertheless shall remain liable for any and aii reasonable costs, ier_sr_.os 16 P�werwwx:u 99-�i�� fees and expenses including, but not limited to, attomeys' fees incurred by Landlord in pursuit of its remedies hereunder, or in renting the Premises to others. ln any dispute �� between Landlord and Tenant, the non-prevailing party shall pay fhe reasonab{e attorneys' fees and cosfs of fhe prevailing party. ARTiCLE XV! Surrender of Premises _ Section 1. Surrender by Tenant At the Termination Date or earlier termination of the Lease Term, Tenanf shail surrender the Premises broom ciean and in good condition and repair, reasonable wear and fear and loss by fire or casualfy excepted. Section 2. Ho{ding dver. tn the event Tenant remains in possession of the Premises after the Termination Date without execution of a new Lease, it shall be deemed to be occupying the Premises as a 7enant from month to month, at 125°/a of the Annual Minimum Rent -set forth herein and subjeet to ali the ofher conditions, provisions and obligations of this Lease. Section 3. Removal of Tenant's Property. Upon the expiration of fhe Lease Term, if Land(ord so requests in writing, Tenant shali promptly remove any additions, j.� fztures and instaliations placed in the Premises by Tenanf which were not consented to by Landlord, and repair any such damage occasioned by such removals. Landlord may effect such removai and repairs, and Tenant shafl pay Landlord the cost thereof. ARTICLE XVII Subordination: Attomment• Nondisturbance �� Upon receipt by Tenant of an acceptable nondisturbance agreement providing that so long as this Lease is not in defauit, a mortgagee or other encumbrancer of fhe Prem+ses wiil not disturb Tenant's tenancy under the terms and conditions of this Lease, this Lease shall be subordinate to any mortgages that may hereafter be piaced upon the Premises and to any and all advances to be made thereunder, and to the interest thereon, and al! renewa(s, rep(acemerns and extensions thereof; and Tenant shall atforn to sucl�r�mortgagee or trustee. Upon notification by Landlord to Tenant this Lease shail be or become prior fo any mo�fgages or trust deeds that may heretofore or hereafter be placed on the said Premises. Tenant shall execute and deliver whatever insfruments may be reasonably requesfed by Landlord for the above purposes. �ssss� os 17 P�we�Awxe• �� 99-i�i�o ARTICLE XVfll Miscellaneous Section 1. Reiationship ofi ParEies. Nothing contained herein shall be deemed or consfrued by anyone as creating the relationship of principal and agenf or of partnership or of joint venture between Landlord and Tenant. Section 2. Remedies. The various rights and remedies contained in fhis Lease shall not be considered as exclusive of any other right or remedy, but shaff be construed as cumulative and shall be in addition _to any remedy now or thereafter existing at law, in equity, or by statute. No delay or omission of the exercise of any power by either party shal� impair any such right or power, or shail be construed as a waiver of any defaulf or acquiescence therein.. One or more waivers of any covenant, term, or condition hereof by either party shall not be construed by the other party as a waiver of a.subsequent breach of any covenant, term or condition. The consent or approval by either party to or of any act by the other of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the approval of any subsequent similar act. Section 3. Headings. The headings of the several articles contained herein are for convenience only and shail not be construed to define or limit the contents of ;� such �rtscles. Ali negofiations, considerations, representations and understandings ' � between the parties are incorporated herein and may be modified by agreement in writing between the parties. Section 4. Binding EfEect. The covenants, agreements and obligations herein contained shall extend to and inure to the benefit not on(y of the parties hereto but their respective personai representatives, successors and assigns. Section 5. Force Majeure. Whenever a period of-time is herein provided for either party to perform any act, that party shall not be liabie or responsible for any del�ys, and applicable periods, performance shall be extended accordingly, due to strikes, lockouts, riots, acts of God, shorkages of materials, national emargency, acts of public en�my or governmental restrictions, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonable control. The provisions of this Secfion 5 skial4 not operate ta exc�se Tenani ftom prompt payment ofi Minimum Rent, Percentage Rent, Additional Rent or other monetary payments required by this Lease. �'' � Section 6. Recording. Tenant shall not record this Lease without the written consent of Landlord. Section 7. Partial Payments. No payment by Tenant or receipt by Landlord ;�� of a lesser amount than the amount then due under this Lease shall be deemed to ba tss=xros 18 PawNns�ca ' F3Ck. I.EOty'A5D S i t?E�T Ari� DE I Y�c,D Section 8. Brokers. Tenanf represents and warrarrts that there are no claims for broke2ge commissions or fees a�'s�s6 claimed ifirouah Tenant in connection with the execution of this Lease hy Tenant w�th the excep6on af Mike Kohier, Premise Reality, . Landlard and Tenant hereby agress fo indemnify and defend each other against and hofd each other harmless from ati 4iabi4ifies arising frosn - any other such daims for wh'sch each is responsible (including, without limitation, the cost af reasonabie at2orneys fees in conneciion therewith). ather than on account of fhe eariiest partian due, nor shall aay endorsement or � statement on any check or any lefte� accompanying any check be deemed an accord and satisfaction, and Landlord may accept sucfi check or payment without prejudice to �andlord's right to recover the balance due or pursue any other remedy in fhe Lease. { � � .� Seciian 9. Autamatic Termination. Anything to the confrary contained in this Lease natwithstanding, in the event that the Rent C.c,c�mrs}encement Dats shafl not have occurred withir 180 days ftom the date hereof, this Lease shall automatically terminate and shalf be of no �orce or effect. Section 10_ Severabiiity. The unenforceability of any provision contained in this Lease sha11 not afifect or diminish the vslidity of any other provision ofi this Lease. Section 'I't. Goveming Law. The laws of the State of Minnesota shaii govem t}ie validity, perfarrnance and enforcemenf of this Lease. Section 12. LiabiEity ofi Tenant In the event that twa or more individuals, torporatians, partnerships or enlities (or any combinafion of iwa or more thereofl shall sign this Lease agreement as Tenant, the liabii'�ty of each such individuai, corporation, partnership or other entity to pertorm ail obiiga5ons hereunder shali be deemed to be joint and several. ln like manner, in the event that Tenant named in tfiis Lease be a partnership or other business association, the mambers of which are suhject to personal liability, then and in that event, ihe liabiliiy of each such member shali be deemed to be joicat and several. I�cD; c. 5' 98 13:12/ST. 1::19?��. �'.[c10^:�5;; P 6 9'9-// /!� Seztion'f3_ Liability af Landtord_ Except far tort ciaims arising from Landlord's intentionai acts or omissions, anything to the contrary herein notwfthstanding, if C.andiard, its soccessors and assigns, is a corporafion, an individual, a joint venture, a tenancy iR common, a tisrrt or pa�tnetship, general or timited, it is specifically undersfood and agreed that there shali be absolutely no parsonal liability on fhe part of such Landlord or the members of such Landiord with respect to any of th2 tesms, covenants, conditions and provisions af this Leasa, and Tenant shall look solely to the equiry of Landlord, its successors and assigns in fhe properEy, and the rents derived the,refrom, of whicn the Premises are a part for the satisfaction of each and every remedy of covenants, conditions, and provisions of this Lease to be performed by Landlord, such ezcuipafion of psrsonal liabilify is to be absalute and without any 16T_S9:.lb 19 D�rwAw�x� � � 99 �lit� benefit of Landlord's successors and assigns inciuding any mortgagee of Landlord's interest. Section 94. Landlord's Use. Landlord shafl have the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through tfie Premises and serving ofher parts of the building in locations which will not maferially interfere wifh Tenant's use thereof. Section 15. Notices. Any nofice desired or required to be given under this Lease shail be delivered in person or sent postage paid registered or certified mail, retum receipt requested: as to Landiord Larry Voehi Hafner Center LLC 10'100 Crosstown Circle Eden Prairie, MN 55346 as to Tenant ,� Bradley K Rixmann Pawn America Minnesota, L.L.C. ° 3935 Ceda`rview Drive Eagan, MN 55122 and Timothy Wefch Leonard, Street and Deinard 150 South Fifth Street Suite 23Q0 Minnaapolis, MN 55402 Either party may by written notice designate a different address to �,vhich way notices may be sent. ='' ARTICLE XIX Construction of Premises � Section 1. Construction; Plans and Specifications. Landlord shali a# its sole cost and expense construct the Premises. Tenant shall be responsible for construction of the Premises as set forth in Tenanf's plan and specifications, as �sasszas 20 pwvMAa¢sccw 99—�i ic� provided to Landiord lipon Landlord's request and subject to Landlord's review and <� approval. d Section 2. Location of Premises. The proposed locafion of the Premises in the building of which fhe Premises form a part is designated on the site plan attached hereto as Exhibit A(°Site Pian"). Section 3. Ghange in Pians. No such changes in the Landlord's Work or Tenant's plans and specifications or in the Site Pian that may tie appropriafe during the preparafion of the Premises for the Tenant, or during construction, shall affecf, change or invalidate this Lease. Section 4. Acceptance of Premises. Upon taking possession of the Premises, Tenant shall have accepted fhe Premises in "as is" condition and shall have acknowledged that Landlord's Work has been substantialiy complefed, other than a punch list to be delivered to Landl�rd by Tenan# within 30 days following Tenant's possession of the Premises. Landlord shall have no construction, reconstrucfion or modification obiigations whatsoever.. Landiord makes absolute(y nQ warranties andlor representations about or conceming the condition of the Premises other than specifically set out herein. Upon request by Tenant, Landlord shall assign to Tenan4 manufacturer's warranties, if any, regarding equipment or fixtures located in the Premises. • `.� �_ Section 5. TenanYs Work. Tenant shali submit its plan to Landiord for written approval within two (2) weeks of execution of this Lease and prior to any remodeling, renovation, construction or installation of trade fixtures. Tenant shall, as expedifiously as possibie, prepare the Premises, at its own cost and/or expense, for opening for business. ARTICLE XX Speciai Provisions Section'I. :Contingencies. The obligations of Tenanf under this Lease are subject to Tenant's approval or waiver of all of the following matters: (a) Receipt ofi all governmenta( approvals necessary for Tenant's Permitted Use. �' - (b) Receipt of a nondisturbance agreement from any parties with a prior interest to that of Tenant in fhe Shopping Center, insluding contract vendors an� morfgagees. � isa_ss_os 21 P�wvA�sa .1. \" :j� SCi� � �ir" �9.�^/` � -.n" [�, 'A ^•^ I ..F40U hG�?.�7 STfl��T P.�L D�Iy?.,., (;,_.;; c. � �.,�- i. i�:i�;�.+U. [61 P � 99-/J 1� � (c} Receipt of Landlord's approval of TenanYs pians, specificafions and signage. (d) Qhtaining the lease and possession of the "Cantingent Space"_ l� Section 2_ Righ# of Termination. Tenant has tfie right to teminate this Lease an the third anniversary of the Rent Commencemenf pate and upon every third anniversary of the Ftent Cammencement Date thereafrer upon giving Landlord (a) 90 days p;iflr written notice, together with (b} payment on the Termination Date of Landiord's unamortized cost of relocating the tenants currently occupying the Contingent Space, such unamortized cost in the manner set out in Article I, Secfion 1.8. SecEion 3_ Right of First Offer. If any space adjacent fo the Premises becomes available during the Lease Term, Landiord agrees to of`er the space to Tenant upon the terms and condition of this Lease, excepf the rent for the adjacent space wiil be set at market rate, prior to offering or leasing the space to another party. Upon written notice of Landlord's offer, including Landiord's good faith estimate_of the market rate, Tenant musf give written notice to Landlord that it intends to lease the adjacent space within five {5) business days, or its rights to lease the space will be deemed wai�ed. Norivithstanding TenanYs right of first offer above, Tanant hereby waives its rights under this paragraph with resp2cf to the 450 square foot office currently occupied by the comic book distributor. [Remainder of Page lntentionaliy Siank] �- - � , isnsr..as 22 Y�'�YM�PJi:Ca Section 4. Right of First Refusal to Purcfiase Shopping Center_ Lartdlard hereby grants Tenant a right of first refusa! to purchase the Shopping Center aa�e� an the same terms and conditions " °� — �.:.. 9�-�ii� � IN WITNESS WHEREOF, tfie parties herefo have caused fhis Lease to be � executed as of fhe day first above written. Landiord: Greenfield Voehl Hafner Center, Limited Liability Company gy: � �ts: Tenant: Pawn America Minnesota, L.L.C. � BY� � its: � i � , /`i'I A,(>,4 /' <,C_ �, - . � : `! l6S_59205 23 Pwrrt+AS� `LEONABD ,..:.__- ,-.. _ __..:.=.� _� _. : ,,: .. .. .-. .. . . . -_-,. - ,.� : ^_ �_ . �--�x�l¢t� � 99-iii� � ��I �[tl�� o �tX f ,��.�� . - �;�{.� } �_�� 3 � . 5 y �� - - -- - -- -. { -.. ,� ; . - "`�,� - � s a �� .�f :o r� � ;s� � r :� N07 GOMIC ( y08B1E� PLUS � COLLECTABLFS 778-��5� ' �AF�Y'S ` PATRI� ' AL�'ERA�IONS I H�1R �EStG� .�_. _....--- -- - �3C1�'F1`g1"� �c G� • ' . • W '. � N � x a � c� • a o . x t�i � d m � a c. _ t ' � .. . . � N a • �u m• w ca - :� .� 1� ' 4� � � � � �C ��` t 6 `� u t ^ ! N � ��j� J 7 O N � �.A�y ¢ °- � �� c,� c.a� t�ac 99-��i� � ti ' `� `�, � ~Z � � � � "s �� 2 � e o �� s � � �- h � S� � �GE . 02 _ � � ` r :� � _ Qi ,, � � "� :.f:i`[ `' ' ' :::�::=_.. ._.- - t, \� � ��,,,�,,��1�, G�n 1�1.�1 , �� ;� �1�1� 99-/�� 20 SaikPcu(Leg¢II�dRm SeturdaY.hlarch2Y 1999 SECItON 3 iTU ard�nance sM1Vll �akc cltect aM pc In force 30 Aap (nm and a(!m Ilz pavage_awd ava�ma� .�n M��u.:,n�,. Mopud by Counc�l Marcfi 10. 1999 Ymz—Cmmc4lmemle�s Ccnafuv. tl1akcy. Bpllimn Colmu.�. Nartb, Idf�lry. F21Ur—�. Na)'s—O. AyMO.M by Nayer Marth I5. 1999 SUShY KIAf82RLY ' �Ma:M2].1999I CounNl Flte No. 99�T0 — By Dan Bozttom M Mm�ntstniivc Ora�mnn ammd�ng CnaP�R 21 of lirc AEmInWnNC Cade. mu- tled Of(ittr s gua0flwtiona by csupLahing mlmmum quallllcatbm kr t�c unc1ass111vE positlon of Garka antl Recrcauon Dmmar. _ The Ceuncil o( the C�ty of Salnt Paul Dacs Ordaln: SECTION 1 Thm It Is apProptlate �o maCLSn minlmum quallllntiom Wr !M1e Porks antl Recr<mion Dlrmar poswon. SECfION 3 T�m C�ap�cr YI ef t�c Smnt Paul Mmintssmnrc Code Ia �crcby amendetl Ey aEEing n�v muewng aen�an m rcae: 21.08. hrks antl Recrntlon Otrmor The Parka and Nerrmlmn Dirmor sAall havc a bachelors peS�+�d 11w (51 yean ef pvbi�c or priwte ucmr IeaacnM1lp or manaFemrnt experlrn<e wwWng In or Wth 6rge mulufamctl xmce onmma orgamvtmm. ��- SECIION 9 'ITis oram�nce shan �ake ettect a�a Ce m farce ao aan fmm anE aftv us paszagc. xxd aPProva anA e�m o Mop�M by Counc�l MarcM1 10. 1999 Vev — CounclL�rcmbers Benanav. Blakry. OmVam. Gelrnun. Hartla. lanuy. Rtl¢r— ] Nays — 0. AppmveE bY Mayer MarcL I5. 1999 SUSAN KIMBEFtLY IMarc� 2l. I�19 Counctl FAe No. 99462 — By Dan Boslrom M ordirmnce to amentl Ne ]nning Code rc�a�ing b tAC lacatlon of pavmshops. Thc Com�al o! [�e Gny of Sa1n� Paui Decs OMain. SECi10N i Scctbn 6Q53i of tAC Sunt Paul Lcgls�aUVC Cotle Is Aereby amenCM lo rtatl as !ob lows See. 60.53<. Nfveipai mu perm�tted rvbjeet te �yeeW eanpltieeu TTe following addlUOnal mo sM1all pe pe�mlltM, subfecl b l�e stanEeltla speHlled (or all spedal ronOnlan uses as xt forth m ml�on 64300ftl. NI Phne�Py uses perMUed su�)m l0 5M'�'�� ronEWOns a�a0 be �Meve<I vntl approvM Ly t�e planNng mmmb- Nan. 111 AIt uss ae perml4ed anE mgulatetl In tLe B-1 Lecal Buslness Dlattlet untle� ptln- Hpal uscs permluetl subJeq b spcclal mnEltlons. 121 Open alr uxa wMCh are acceuory m a ptlnclW� �x pamitted In the tliw1N anA bcutM on a mning lot at kast tuzmy �M1ODUnd 120.0001 aquare f t in area as ( povvs: a Reull vi�o of ylanb rot grown on �he sl�e. lawn fur�¢urc. P�aygrountl cqvip. m ent. anA 6artlen avppiln: Prehtletl. further. l�at avcA ux aM1all Ec localctl at �.�a o� rt=� or m� nmia�os. �3� Box�linq alley. b11LarE haii. Intloor ar<h<ry anS�� a�r t<nnls rouna nequet Wll and M1antl ball rourts. dance hall. eittVOnic game room. Indaor akating tlnk. tl r slm�lar forms of Ineoot mmmerclal recreutlon wM1en ba4a at I�ast me nun- mtl t�001 feev Gem any 4onl. mr or s�ac yartl or any residrnuai loun an aaJ.i. mt resiemuat a�smct measurca rrom �ne ciosese po�et of tne bu��aing In wnkn tM1e utt Is locatc0 lo ihe closcs( mldmUal property Ilne. HI nmo convemence markcts, aum xm<c stauonn anC eum eyenally aro� suCJ«t lo Nc (ollown8 ronEitlovs: .. m� m�,w�uo� .oa mmm��a�a or an dn�n. a,�e,, sm� aks. pump Isiantls o/ olhcr 6cllltics uxd In conJunttlon wlt� the epcqtlon of Ne eule xr htt sta�lo� shall Ee In acmrtlan<e M�h eurnnl clty apselpca(IOna. Such apccb ❑ationa sM1all �e tlevelepcC py the Nty planning eooMlnnae Ir+!(k mgineer . nd clty Ilre marsM1al. mtl s1ui1 Ee appmaM by �he plmning romminlon. >M mm wm me n�r a�.k. 6. atcn�toaevtterveawthurtenylannnganpanoM�vnnsvrattmirnaahatl be rryulrctl aleng anY propertY llnc oEJolNng an Wsling realticnt x aGJalving _�� i,na w��e ro. n�an,u,i �x. c Thc m�mmum bt arca sAalt bc Ofi«n iMuantl It5.0001 aqvarc f L enC ae anan6� ��at ample apace is awllaEle fer mpror vNlcka wh�c� are mrylmi m wa1L AY�O xMCe Etatbv WMCM1 arc InlMECtl aolCly (w Ih<vl[ Of �a11M.011 an� miner accesmtles aM naving ro(anl�t�ca for inadmtal aeMCmg N auto- moblies pnciuEing lubncat�ng facillllnl mtl auto mnvenimtt �vkeb may bc perm¢dd on a tet of t�<Ive t�ouaand (12,000� aquarc @n. aubJM b all olM1<r prmv�ons hcrc�n requirM. tsi ua�uaconK�m�.i�m�mq.mm��neir.nnu��.n�ame �vur •a�n.nu:i fanm�o ,m m�eeFenq neudeq 9auue wqec� �o com Ntlane ai xt farN Wr RM.� Mul�llamllY ��ntlal Dls�ticl In acCllan 60.NJ 161 Pavn a�oq whm lM1e bminess b ronEUCmE w�Mn eamplelelY eMiesed EullemRa Y of n �[ � n.kinn .na�l nm M � r«,n.� a b y -- - rn.... in. ��Ytl im L]'F� af a nawmFOn + M1� ocit an W 1 n dn al Nenamt�m eavle•n1 C .�..+�.e �„ . .. a. vn (11 nccevery DuuSm6z atrvttu�es ana usn cuxemanty �nctarnt to �he aDO.�e pc-- m��tetl uses 5£Cl�ON 2 SerUOn 60.533 et t�e Silnt Paul 1<6isla:�ve CeEe li n�.�ey a�,a<e �o .��e az roi- lowz s.�. so.saa. pncapu a«s ye.m�«<a .an�a� ro.yecfat eeommem. xn� reno�mq.adiuw,a� � �nan x xmuim. s�qRi m m«e�muo�. n�„an�: �m�a ror eun uu:�e sw�«uo �ne sunouaa s�n�a mr au z�m �onmua� ux, ut fen� In amlan W.9pplcl. NI DnuYpa� uscs permineE suEJect m spttlal ronCC�onz sM1all !e rMewcE and appmveC by the planning rommlsslen. Ip Aumxnxesta�wrts.mmmnvcnicnttmvketz.anaaurospcdaityztoresazreg. vlatcd In t�e B�R Orslrict. 121 Out�oor uicz space Im ihe sale or rcmal of nev, eeronE�anA, or pa.mM amo- mob�lca. W cka. motorcyclo. trallen. or boats. all aubJ¢t te t�c following. a. Thc lot or ara s�all Oc proNEetl Wt� a pevmanent. tlunble and tlusllezs sur 6cw sE shall Ce g.aLetl anE drmnctl as w tlupox of an surfacc waver accu- mulatcd �i�M1ln �M1C araa. L. \kMCUlar acccsa m �he wtdaor sa�es area slup Ee at leau smty (601 (eet &om the Inunettion of any iwn �21 zlrttu. c No repLr w rcMlaNng aAall Gc tlone w �he bt unleaa mnEUCtetl Wthin a mn� Plettly en<bxd Eulitling d. 'ITeminlmumio�areasha116e0RttnthouunE115.00p�aqvare(ttt.Aa�mD�an .n�n x suemrti.d anown� �ne i�yw� er m�.cniaea r r ea4 or reat. empM� yrking a ntl ivsmmer D arkm6. L r. aa u 1 <lo nftM1�vra�w�M� 2 IM 3 imnr �n�. �n..�i,io �.n�n 4 mnhvl n.�e nn W 30(1 � (31 Pawn shoCS wM1m �he business Is eontluct<E W thin cempletdy encloud Ew!tlmgs I fn� � fnllo. nA�l b 'ITere Ix no wna�On W �, 5'�PO (rc �n( M1e � �(� «tl t�n �(p➢,,,m{; u� nrm.pro 1L pnm L dn . n M1er C v r(nr n� ��M��mtl ronm f tl^1� rrrtiltle� alo elelmll�l a o..��n „ „� es am (4) Rcstaunnb.fasP(ootl aubJectlolhefe➢oWngcondWOns: Polnts of vcM1LLVlar Ingrcu v+tl <6rns shail net be onto a slrttt whlch b vzM primatlly for a<ttss b aW LLing rczltlmual pmpaty. e. ro��tn or.zmmm. �ns��u ana cs��+::nm� ee �oczad at �ws� sdty tsol rcr. Gom Nc mtersecuon ef my twe 121 svee(a ane at Inst s4ty 1601 fn� (mm any abutlmg rnldentlal!y mncd pmperty. e. KTen �he mle abuls an allry wF�lc� alw servea rtsldent�al�y zoned �anE. no v fmm Ne slte m the a�lq sAal� be permlited. d SM1C shall Aa�e a minhnum o( one hundrcd �1001 fee[ ef atrttt fmntage on Is p`indpal accns sUee1. c TmaA rccepuvb aha114e Aovxtl In a tfireeeldctl mesenry mclosure six 151 feet h�g�. or eGUa� In n�ism �o m� a�m�«n WmcnM� i. q2,«,.,m na.<.� envance gate mmt�utted ef a tlum0le. opaque rtutenal. L A �ILLm mliesnon pian aM1all be Eeveleped vW submined ro the ptanning rom� mlsslon. wMCh obllSato t�e rataurmt eperalor to keep t�e arca surtounEm; vaa .e:vnuram rme er.e.moam uuc� w. a rcawvam� ae +n�a e�s�ana. g Speakm pox aounEa fmm Etl•rl�mug� bnes sM1eli mt ba plalnly audible m as b mrcawnahly tlbwrt the pmtt. qu�cl anE mmt rt of abuLLing roitle�u>I v�anr n. n mmx. :Rn �o� i�.., ma� nn«� u s� v�� er m� imx'no�s .�rt_.< ro at �Le lot a�alt Ce pmNdetl antl malntafnN. 1 Impact on apjoming property aj ux af tM1e aue mry not rnul[ In tM1e fd:omng i��a. ea.m�e�..m au;�ro��a ooix m.<i� s na�a.m�a�nm<m�aino�.. 3. O!(msrve, oCnoz�oua and tl�smr�mg otlon. 4. Exttssroe ILLmr 5. Ezasslve aNpnal l�g�ting 6 SuEsianualaeereaaelnaEloininRpnpenyvalun. Ist ermnnouaeatormercm�iv�<ory�anugrmmonmey�eaMaa�esorla.nrvr. niw... o��rsm��a n;wvm•m .m c•m�� .�pnun auq«� �o m� mnawns �o�� e::io�� a. 'ITC alange er Wp1aY of anY ��cMab or pmtluem shail mat all xtSack leQYl(eme�lf pIa ]WCIY2. b NI IoaC�nB y�d parking ahall Ce prMtled oR.Mrtet. S wrdeY. TtnrcA 21:1999 .� $oinnPnii! GQUf 6«f�;�v 11 . � � s c. The sbraAe ef:my aoll. fmlLUr or ot�cr Icou. �mµ ckagcE nutetWa alull bc cvmnnM m as w Pre�rm anY cffcas w aepcme uscs. 161 ana o�woe� ,.x.� .,w� wm �wc �o w„m« �m u�� apmuoo M tM1C 8.5 Q.ttfKl as �o O(�.HlNt }�rW�IL' on.3lrttt batl�Of. infl ll�e sJ51t111 O� �F11(S�1Lln Ow. T¢ ptannlnA ��'��++�mr. In tlQttminLµ LLaI W c u5e b Ivmm�bus hW x��i ��x snw rmwr� n�e x�e��,..i„� ar a vi� om�� mcivai„e � nm. W�� aml all usea WtTtn f��ee ��u(ulml (3pp1 feel M tFC iwuntlary e[ saM xlie aper lmpa[eE en v1�1 site ylan. f/1 wto IaunMn Imr uoslJ vM1icl� eu� be ayn�pinely rnclosetl whrn em{ y� upern- uoo e�q¢i m uK roiro.,�g �onmeon: d. M)' accesz Enw shall be Ixaud at leax[ thmY IJ01(ttt Gom anY WaK 5vM Intmeceon. meazureG fmm iLC In4tlar mrbLne mmmrn<ing at Ne In(oeec- tlwi o( ILe WM. b. MY aub wash pne etit sLall be at inst thi[ly (301 @el d�AVrt (rOm vty Arcet 4n<. _ la1 uan�mmeaw�.�imn�m��qrcven�aac,�ueein��ui�a�uanme�id�cen+ai umtY te4dunnl fanlwcs aatl mmt6cnry M1ausmg as pcfnJUetl v W tt}u� 6letl In 0-2 tlusinav Dtsvic�s vnJer Pn��dpa� usrs pernuttcd subJeet b spMal mlWltbrtS 191 Nlull baa4staro, subjccl �o l�e fo1bW ng con��t�ons: a. 'Itm aeuit MoksorC aLa111c Iqy�eal at �eut [xn p�ousinE gz pundreG fMy 12.W 01 mJUi lttl Gom mry othcr mlWt uu In any mun¢'IWLtY. �twv`u�etl In a svalgM line 4om U¢ cbsX palnb of the property 1¢rcs o( N< bullNnss N vhicM1 the atlult uscs arc IacatcJ n n��.awimou.�m.s��+n��«m.a�i�o:�nsinn��a.wtaoo�aawr �r.o�� anY �Itlmllally vnetl propertY In anY n�unRlpaOly. measu�etl Ip> spalght INe lrom tlm tlozest palnv e! t!c pmpctlY Ilnc o( the Euileing In wltich Ne aEult booict�arc ls ImvM m tLe tlozel rmtlrn�ollY �^nctl PropcnY �inc. e The aEWI Eoob�orc shall bc laeatal at leut (our Mun@etl (a00� nElal fM 4an anY'Promctctl use: Ecfinctl az: A Gulltl�ng In wA�ch a n jM�Y of �oor apatt Is , asM Wr midmtlal purposcv; a dvy care crnmt. wisrc such Cay care �en¢r Is a Ptlntlpal usc a �oux of monhry: a publlc I�Enry: a xhwl {publ�c. parxhlal or pnnt< ticmrn[ary. Junlor M1igh or h�yL xhootl. a pubL< reglowl park or pabvay, publtc pvk. publk r¢rtauon em�er or pubLC speclal�zeE e¢rcallon _ fac�biy as mrnuOeE in Nc parks anO rccrcaUOn tlemmt of Ne Sant Paui Comvrcncnsl�e Man: v nm uatlon: a cammunlry rmamUal fadlltY a mluWn ot a �md/nmttl. The tllsmntt shall be meaxurctl in a sVNght Iine from tM1e e1uxM polnt of ltu propenY 1�ne M tfie W4tlinFln.uhlM tfie atlutt Dookstwe ts Ior�tcG w lLe ciosest po�nl a! U¢ PmpertY Ilne af N<bulltling In �vhleh la lacat- <tl an a(orcmvn�mN proicctW ux. E. CoMUlons b. m��/or e maY be vnivctl LY tM1C Plmm6k rnmMSalon If the per- n apPipny 6r l�e xalwr aAall llle v5[h the Plamm�b aEMn�aValo� s m`ucnt yclWOn wM1�ch Intlioln appmvW otNe proposcd aE W i pookarore by nlnelY 190) v=a,n or m� o,o ow�«, wmm �isn� n��a.<a ieoo� aam� r t ef tM1c bt wA¢h lM1e ux unultl pe lacatetl: Ihe Pivming comMS3lon. In eenald<�ng sueh a waiver, s�all make thc (oila 1ng Ontlings That the proppsed use W II not be wntary to tAC publlc Interest ot N�urbus b ncarEy propcNp. aM Nat Ihc apW t anE intcnt ef �MS aettron xill be obxrvctl. tM1al lLe proposetl ux wlll not mlar6c ar enwurasc the Ae.xlopmenl of a'aWErou� arc¢ tM1at Ne esqCpsA- rnt a[an atltlltloml ux af th�s type In the azea w91 mt be eontrary w�nY Pro- gram of nngnborhoW waurvaUOn or Improvemmt. e1NCr rcalErnUa1 oc nom res�dm0ai, aM lAat all appLablc regulauons ol t��s ucUOn 9i be oburvctl. e. NI vgns shall romply w4M1 C�aPmr 66 0( t�c zonmg [atle anE wIN CM1aPlcrs YR anE 2]5 of l�e SaNt Poul I.cgi9a0�c Codc. (. NoycmnsLallengay'clnanSattiv�lYarconduclorpermltanYONerpersonta engage in anY atthitY or mebuct In the adW t bookzmrc vhlch 4 prohiblted any oNmance N the Gq of $ain� Poul, O�e lavs o! Ihe Slate of Mirv�esota. or Ne UnrteE Sums o( Amerka. Nothing In t�b aecnon shall ba wns4ucd as authwivng er permuing coMUCt mMCM1 Is proMOLLCtl or «gulatM �y othcr ataW tea erortlmantts.IntluCmg bul mt IImR<C b. amwtu or ortlmanm pro- A1b1Ong tbe uh�b�t�on. aile or Envlbunwi al oESCenc malerta� gmenlly or Ne a<itlbltlan.:ale wElzitlbutlon ofspealietl matvials m nunora. No obsttne work Mall be ailawN. s. rn� tlly m msvrc t�at no eAange m uze occura anC Nat no aEElUwul adWt uvs c atlEM m the bullNny mntalning Ne aJUlt Eooksmre. h. The aEWt booksrore is eonsitlereE m be ane (tl vx No two (21 adW t uxs ean Ee In IM1< same buddlnS Lut must be apacetl Wv t�ouzmtl slz Aundred (orty (Y.6i0� ratlfal [ttt apart 1. The aCult bookslorc nhall not bc lecatctl W tM1�n a bwltlmg alao useC for resL dcntlalpu�zea (IOtAOUIt eiDamts aubfecl to ITe aame mndmOns llsmtl ahove N subsection (91 (or aEWt bookuores Wth tM1e suEStimno� of t�e pM1mse'atlWt abaref (w the phnse'atlWt booksbre''+'Aercvcr It appcars. Tne atlult cabaret �s eonslCVCd to Oe one (11 ux No Ixo (21 adWt uxs can be m t�e same bwlE�ng but muse be aPacN turo �Iwuun� sR M1untlretl (orry f2. W 01 vtlni (ttl apart �i pAEu�l comersauon/rap pvlors. subJen to Ne same wntllilons IIStN vbovc �n aubscc�an (91 kr aE Wt boaks�arcs. wN lhe subsb W uon of tLC yivase'adult mn- sauoNrap par�or' [or Nc phrasc'aEWt bookstore' wherncr It appears. The +tlWt eonrcrsauon/rap parbr Ia mnsitlereE to be one (q ux. No txo (2� adult n �c in the umc builNng Gu� must Ee apacN two �houuM aL hunErtd fartY I2.6i01 mtllal kct aPUt. (l11 Mv1t h[aY.h{sqns dubs, subJttt ta tTC same cW�O�clanz llst[tl aMVC N subMC- �on f91 (or aEUlt baoWtotts. �n[b �he aubulmtlen o( The pAnx ldutt healtM1/spons eWE' for the phrzx'adWt booksm�i wM1erever IL appears. The atlWt AcaiN/sports dub is cons�ticrN m bc onc (q uw, No tuo �Y� aEUlt mo can n� m mc samc buua�ns em m�:e x sw� �� no�zar�a s� n�nerm mrq 1Y.6�W� raL�ai (eet apart. (IW Mull nus.wpe parlors. sub�ttt m Ne vme cenEl[lons listed above In sabss4en 19I (or atlNt hooksmres Wch Ihc auESO Wtlon of tAe Phrau'aAWt masvgc par- lor' for Nc phnx'ap W[ Eaoksiort vhemer It appears- The atlult AWth/spoM1s club Is eonsitleretl lo be we 111 use. No turo �2� adWt uses ean bC In llrc yame bulitling Eut mmt Ge spaeeC tw tM1euvntl s�s hunErW 0ny �2.6G01 nNal Ittt apart. 1�41/dw� men.mouon prcwre mcaves, suqe�i m Ne same conan�om usiN aW�e m w6xcuen �9� (or adWt baokslores, w�N tM1e subatiwtlon of Ne p�nu •aEWt minbmoUOnplcwrttneatrc'(w(Lephnze'adWtbooksare mpttneri[appears. tAe aeWt ew�rrtwum� p�cmre Neatre Is ronalaerN b be onc Ul ux No mo (21 atlult uxs can be In Ihc an�e bulWmg bul nws� besWaM 4ro tlrawmJ xtc Imn- EtN (oRY IT.6C01 raEml fttl aParl. Usinu�di nnoon r�n�nc niea�m. auu�m �o n�v �,nm ow�LUmu L:e�.l ,h..e F� m�b. M"n�� U14K v4dl la�L,r{an. .Nll� 1{K •++Ir31t1�1xMi N lNr ��Nl.iK .\�MIIi nvNirnl p�a�m w<.,�rc ra nK vn.�',nmv ��«r w�no<. u �vx�.s. n�e ,mm �w� p.ouuv tl¢ave b mmAncl l0 4e une Iq ure. No Wv 19 +Ault usea qn be 4� Ifie v� a buJJn�y but must Ic apacW t�a �lwuvntl vi Luntlrnl forly 2.G101 ra�4��(ala�urt. 1�6)lu1Wt stemn .ao��iwmnwx ranuu�. sub�e[t to �he amc w�WM1�ws IistM ai,o� �� mi. nio�� tsi ro.,dw� �oot.uo.�. mn� m� .�n.ewivo�� or m� ono,� ndui� sicw m/Wlitlwiue Grlli�y for lLe pLns 4uk.�ort v�Lomrr LL aPlxi->-'n�� dWi stan room/LVlld�oux fanLq b mnvticrM b Le onc (II x- Ro tua (YI aE�flt ;�an be 4� the mne buJLhiy but mnsl Le spacM ixa tliousinC a�<LuMr[tl (ortY Q.63% ntlial !m aput. II]IOihcr �Eult usa. sub�ett to Ne vmc condii�orts I�zted aEo.c ta zuUSect�an �9L (o� am�n n�x,io.ez. mn� nm :mnum�w� or m� ne�.,m rom�. ,mm use to. w. pLr�x'atlul� Lwkemri �.Lncxr It aplp�s Tm ml�rr aJitl� um b�w�wlvnl m be oue pi use No txa �2i aEult uses e+n he In tl¢ m�¢ bmlJmg but mmt he spacN t�'u U�ouvn0 slx M1uMrN fortY IR.6i01 rad�a� kct apart. 118)nub mryvr. suqcct m I�a kllootnp condi�wis: a. TLC wnimum Id vea sl.a�l Le Mtm� [Lousand 1�5.0001 vM1�are f¢t. 4. A lnn(uol �an�lxcaynl LuRC wth saim� ylanLny, y�E an Wxunn� frnce x4a11 �`C fCQwK[i dbnQ d�lY V�oN[Ra.luY a�jolnYlQ M Cpstln6 revtlOitt Ot a(1foL1- ms �,,,a m�.ma.�u�i. e. NI r f�m xark A�all be done WUm� an mcbsnl bufltl�ng. d.'qivc shatt bc no wWEe sy2yt. " U91Pr1vule helrstep for m�vqenry metlleil aeMCes �vh¢h are acceswry m a bosPl W. subJttt te lLe caitllllam eet (ort� (or RM-2 Metlmn�-Densly'. Inw�R.0 M W Oyle- Famly R.:siECnllal OISVICI N teeUOn fi0.653. hlrclpal Uus PGm�ItteE $ubJttt b s�„ico�a.uo� (201 Ccllular iticphone antmnaa bcatcd on a GeulanE�� pole. as rcgulamtl In �he OS-1 Dutnvt. aecUOn G0.51<I6)a. tM1musL g @IlACttssory W�IEInBz. strvcturo aM uus an tleG�utl In secUOn 60201. SEC110N 3 SMlon W.552 of We Salnt Paul LeglsW�ve Code Is hercby ammJetl lo read aa fotbws: Scc. 60.552. Rlae�p�l ww pezmltteA, In a B�4 Ccntral Businca DpWa {M1e vtt of lantl. lhc locatlon antl ermtlan of new bulltlmSS or sWCWas. and tM1e altaatlon. WarS�rn[ md rtwnng of Ws(InH builtli�s r sWaures from oNer lacatlom w tlutrlels aW 11 eantorm b lhe fo11oW n6 �K S�ups. unim a�crvltt pnNtletl In Nb cotic: (q hane�cn[ rWErnlla� uxz Ho41s, mo4b and rlubs uuE ptlmarily kr translent Cccupanp'. 12) A{+artment rcaldmtlal uses, To Intivae: a Foslcr Mmo antl 4cestmulmg foster homcs IacalN In muitlPio-(am�ly swc Iw6: b. Humar. servittdicrnutl mmmunity Yoltlmtlal (aclLUCS laated at least six �undred lGW1 sad�at [ttt kom anMhy atm�lar fac}fity anp ixamE In a mult4 Vlchnu� . �.....� . . . . � e TtmsCionyhou5ingaMShdlvalorbattetedyc[mnsloca4dlnrtmltlplefam� IIY aLV<Wres: and E. Hosp¢es IomlM N mulUylb(amliy abucturu (31 fte4ti1 bus�nezs vus: Retall business serving lhe mnvenlmce anE cm�parl5on snoppmb „aa: or �ne aiy am m..�w� e� � HI Scmce busmw uus: Scnnces buslness provttlmg dircct consumer umces. (51 ORtt uscs: Busineu, professlonal and grncrnmrn[al ofOCU aaromnwda4ng a wrictY o(lunMbns SucM1 a5 finv�ct Cory�ntt hcdtlQUa[lvs. scrvice mteryrises aM other ziMlar of11tt devrlopmrnl. (6) PubLC uNrty uus: PubLC utdLLy oR¢s; micphone u<hange buliJin6s: cicctrtc fmnsform<r s[a0ons anE wbstatlons: gae reguUlor sta�ons: ail W thout sbrage yaras. (�l Ott-sVmt par�Ung 6clLtlu parking �amps. Eccks, or gacagcs. Wth fully encioud ssnry automebilc uMtt aUtlana. . (81 Amuxmcnt a�tl rnlcrtalnmrnt uur Comnmrclal rttrcation. thcaten. <at6�g or tltlnkmg p:acu IncNOmg mtertalnmmt ind oNer Cuch usea oRctlnG mtenalm mt to [he uurs af the Central Buslnm D�attleL ' �o� a�:o-mme wtacuung usu wnm��ms wm stwage.<smaea w s,mv�as �IOIGovemmenWl u: Thox uw wM1l[h Rqulrt central locahon l0 eeMtt {he neetls W[he rcgi n the Cenlnl Buainess District. IlpPUbbc an� qmsipubllc u s: Churches, xhwls, liManes. Mspitals. parks, s Gammal orS�+��ons. Nups, famlly day arre group famity day care. gmuy day carc antl athcr aimllar uxs aeMCing tM1C nttES of lhe �eylon v�tl Cmtmi Busmess DbUlct uun. I121NCVSpapc: Publlsltlng 1131 Olhcr uscs wM1ICM1 thc pWnning wmmlsslon sha0 Md b bc: a. ndzim and mzwnae�y neccsezey o. eomawem tor me .uuA,ctory ana em� c�mt operaUan ef a ca+Uai buanass Nzlricl. b. S�m�ar m cM1arvcler b enc or mort W Ne use groups IeEiratttl above. e Olsucn cFaracler iM1at the vchlalar traRC genve[W py such ux Is simliar to one or morc of the amve-pemYUed uzrs. � a. no no«.v« �w.�,tt a, a�n��a m �m. wae. f idl Coll<6� uni�cvsniez sem�wfes and other sueh Inst�NUOns e! h�gM1Cr Imrning Pubirt antl PMnte. eRCtlng mursra In gene+al. l¢hnicL or relly�ous etluca�on anE no[ op<nlW for pmfit. ❑Sioetdmrrcsmramswhma wrymapnnc�paluseandoutEaorfarmvsmarv kets ❑61Ctliular lcicpryane animnu !acalctl on an etlsUng sWClure as pemtlltetl anC rcgu4¢E in thc OS-0 Bus�ncza Dblr4t xcUOn W.512�81 ucept lM1al an�mnas may e�4nA up m torry (<01 &cl abo.e �he atrvcWrai hnght of the swcwre b wMCM1 Nry arc a[tachd. ( V� CuRency e<c�anGC buslncss, ax pe�mlltcd anE as rcF�V�N In the F)�2 Buslness Disttict ur.ticr pnnclpal uscs pemuLLal, xclion 60.532. llBi� h 1 WIIE�nga. aWCtum antl usa az in axtbn 60101 � �19-1�� .1� ( �� r� �y-�,1� � ` � �� ?p SeikPau(L�gutLeJ,cer Sa[vrday.\la:ch?i.l�. SECTON < 11ns er3name sFal� uke eR � and Le m(xce on lM1e �hWCth d y kl�owng Va pas vfc aPPmwl antl PuELCation. mior�n� nr co��m m�.�n io. �� Yms- Coa ��Lnm�bers Onunav. Wsvam. �lams. l�ntry. Rel�c- 5. �ap- d�akry. Colen��n - 2. �Jop�M wt�om StayoYS vFnanm of aPPrmat. (ht m� 2]. 193MJ RESOCVT[ON NPAOVINC ASSESSIRM AND FIXING T[6[E OF AEAIltYG THEItEOV Gnnnr11fl1eNO.99d25-ByDanBosirom - m me m,ucr or me.�ssn,�n� ef en,�ms.'me �„a Q�� vou�s wam s to� J99U1 B 19P I518wrdin6-uP of wtant propMl<s E�rttOg AuguzL ard Dcttmbc[ i938. J990t1111981 W Boartlmg.up af vacvnt propcNla tlutlng Oetobtt aM Na�xmber l998. J9901 V 19B V1 To-w�nK ��antlone.al �eM1leka tlutlng OcmEer 1998. ,19901C 108 t9) Oemollilon of wcant Wildlnys tlutln6 �'emECr I998 �ntl Jmvary anE F<Wvary 1999. J9901 A1 19BY01 Summary AlvKmrnb Ivww anE ar fac icmevLL dw ssndln8 �'+Ikal A.�nn6 JanuM' S FeEmary �999 ,199OIA 198R1I5ummary Abaamenis IproyertY ��a^'upl tlutlngJanuary aM Febmary 1999 'ITC dZXSSmmt ef E[ne��0. COSI a1W Qp[I1X3 fof illd VI NnINY�Of1 M111 tM1e 1110vC Imprwcmmt haNng Eccn suEmlLL<0 ro Nc CouMl�, anE tM Councli �aW�g censldaatl aame anA fowE ��e saW assessment vUSfactory, tMrcforc. Ee 1� PESOLVED. Tnat t�e vIC avcsxment Ee aeW itrc eal�e b Lveby In all reap�cts aOP�w�. RESOLVED FURiHER. lTat � puElie �earing h fi+E en uld �sseummt on tAe SiM1 day ef May. 1999. �t the hour o( 5:30 P.M.. In t�e Wunell CM1amEer of t�c Court Noux and tlry Hall Bv1101ng. In the Cl�y of 5� P+ul lMt Ne V lwtlon and .Weavnmv Engmecr g�ve nouce of aa�d m<cun8+. es reqWrcd by t�e Chaner. staung fn aai�t asuaseE agalrol llm�l t or�lots of i e pamculu o�wror te wham Ne�neuce a m.��e. Fllc Nor J9901B. J9901B1. J990t V. J9901C. J990tA1. J9901AAftess:nen� Nm.9615. 981G981) 98I9.9820.9821. AdepleE Cy Cwncll March 10. 1999 Ccni�ed Paacd by Cauncil Secrctary N��Y M'DERSON IMarcM1 2). 19991 Summary Minutes of the Saint Paul City Council 3:30 P.M. Room 300 T'hird Floor City Ha11 and Coud House Salnt Paul. Minnesota 9. Remo�M for dvcussion 10- Resoluimn 98dOT_ - Aut�ownF t�c P�Kr Clry Mrlxis to m�e: mro t]c nn ssry aFrccmmiz �o attc�� +�A ex�+entl 52.500 of �nnt (un�lin� from �f�n�ss� Amaieur5parbCnmmisvonl.�Li5C1'MigMYwtlz forsponstt�n,pn��m um(or. x�wi�..n�r�. ann mm�nai io Y� �v a.nn.ess�o� n.�w a� no�.R.�.rt�a«n.,�. Crnmr. MoPted: Y<as -> N.�ys - � 1 L RemiuGOn 9P-10]3 - EzuE115M1mg a spendmg ptan (or lhe I.ocai L w Enbrart B�mk Gnm Itl remvcd from the Uurnu ofJUSt�tt MMnL tmeon. Mopte3 Teas-) Nays-� 12. Remlutlon98�IWa-CancurtinF��tTCBoartlofWaterCOmm�ss�onersaecL uan ot ttnain real Propcmes m Wm�ey. Moka. and Oakeu Commes ax snn, propenY antl mNOrizln69��clalm of t�e Cu�'v mmret In tM1e Properua m fevo m. noa.e. Mopted:TCas -> Nayz- D IS Rmlvt1en98�10'IS-AUtM1atlxln6�heDlrMOro(PuhlleWOrkslorMUCSte to FLnec»ta AW<8820.9936 fo� thc Cagn epeeL M a hortonml curvc an Via Sircct at Te�rmka Aven� ��<rscctlon. Atlopmd: Yeaa- ) Nays - 0 li. ReaWOan 98�10]6 - Csvabl�sTfng t�e eate af mmpensallon for ll¢ alass of u�nmos omn:i. . AtloP�R�� Yeaa - ) Nays - 0 I5. Femlmlan 9&IOT/ - FsbCllsMng ��e nle 0( paY (w !Le Illic of'LIEP Hdy L CaorElnatoC Mop�cd: Tns-> Nays - O I6. Rewlullon 984 W8-AUlhotlzing t�e proper Clq efllcials to Iseue a«funE el $eu2� Malla�lLty C�alqc lo HM Melro Bulltlns In ihe amounl of J I.ObJ 00 fdoptcC�. Yms-i Nays- O t]. PewW Wn 9Bd0'!9 -SetUng a pubile Tmtln6 ��e for DccemMr 23. 1998, to s�der Inereuing Ne S�w*+ �mtt Ava�WWl�q CMrg< I�q Gom St.000.0 SI.OSO.00beglnnlnBJanuary l. 1999. AEeytcd: Ym -> Naya - 0 ' 38. itexalutlonApprevinglaussmcnt984080-�nth<ma ing a perrtunmt easunem near tfie Interxctlen ef Kmny RnaE and Demto St and xning tlatc of puD��e heatlng (m January 2J. l999. IFlIC M 18856E1 AEOptcd: Yeas-] Nays - 0 19 Rcmlutlon AppmNng Aucs+mmt 98-0OBI -In Nc maller of inedcmning anE fng evscmenu near tM1C Inmrsmlon of Mari16e ian< eM Point Oeuglas eoad. scuing Eam of puDllc ��ng for January 2). 1999. �Plle �188]5£� Mopicd Yeaa-JNay�-0 20. Pre1�rtYnary Order 98�1082 - in lhe maVa of ImproNng Vic�otla Svttt �aeyentmr m.vlm�on Avenun w¢M1 Efmmvrous roaEway. mnemte eurb anC ter. roncrcte diMeway ePrortS anE outwdlks. Wu4vdid lMding. Irtt Plantlng. swmon or. �ana<.� an�� snung ry:tm,. ana el� oma.wrk o�ccssz.y �o aom improvemenb fot lhe Gmtw/HOyt 5[rttt PaNng antl ll�ting ProJ¢L md ae dam ef pub�lc ha�nglm Febrva+y 3. 1999. (Fl�e+18886N Adoptcd: Veas- � NaYs - 0 FOA DISCOSSIOY 5 FewluUOn 98� 106> - Flna��arig Qly Ceuncll acHOn pken Novem�er 12. 1996 4 Ing t�e appeal of MqNn Sple6lcr Pmpcnlcs LP m a tlMS�rn o( ID<nannmH �mme cpDroHng a parpng mmp proposed Ey Pak N Jet a[ Y951 Sfiepartl Roatl. Cwnetlmembcr Harrls movetl b Introdutt a substlWte rewNOOn nonng that Nne > �ypograpincal ertor m �hc or�gtrwl ttsolutlon. SuESUwm InvotlucM and atlopted: Yns- l Naya - 0 6. F<mWt�on 9&]O68 - �ons�dcrinS �T� nquezt of Poeja. Inc.. I<9 East llnrv� $unll[tflTy MiLVtGS DtCCmbef 9. 7998 A�cnw for a atay o! Councll F11c 98� 1012 adepted NmmCer l2. 1998. ycntlmg < ila mmiing wes rn11N te ortler at 3:50 p m. by Cauntll PttslEmt Bostrom. mination of �Aar<ase by tM1< Court ot Appeais. Presmt - Benanav. Blakry. Bos4om. Col<man. Hartls. IavM. ��«+-�. A0.senl - 0 P�� BfT^°• �m9ant Clty Atmmcy. statcd �M1at t�b ma<ter Imro�m t�e L wM1lch Pooja. Inc, appealed lu cax to t�e Court o( Gppeal% Bctert Uc appllcm CONSENT AGEYDA aOP�Y �e lM1e Court o( Appeals (ar a stay of enfommen� O( the Qty Counvl decslo Couvc�lm<mber llaMS r<queslM itcm 5 Ee rtmwN for tlizcussbn. must repvezmE a svay from t�e Countli. Smven %dly. 9s`utlgan and Kc11y law Councilmember B�akry requested Rem 6 be rcmaved fo� dlacuvioa - appearetl and statetl M1c waa appcaring �efort theqty CouncO on Dchalf of Poo�a, l�. Councllmemixr laniry rc9ues�M Ilem 9 Ec rcmmed fo� distuvion. _ .. rcquest t�e Cama'i stay tM1C tlrnla� of a Ilemx appLntlan. Mr. Rclty stoled tM1at N COW �f�ITGTbC� H,�.,. �,w.ru w� co�� ns��na .z amma.a �� n• =rv�� ro.< <n� CW AC11. 11�ne W 3 N��Cd�MtlO 25� p011tt <��IS l� Yma -6 Nays- 0 Pmperty. �oxevc¢ ��ere were ac�ually only IB polltt reports`ITCrt wasrlm a suta t�e mmpa^Y hM� �^ opeating wlthout a ��ttnse Nowe��r. tlty staff naE recomr. TOH ACfIOtt - M that Tnvel lnn tnttt In�o a mvugement apttment W[� [he Immer mmcrs pe 1 �pprer.tl of minute otOcmECr 28 anA NovemMr 4. 1998. -' y Aetlslon on Nc Ycenu. TLC stay uas granictl and, fiertlar<. Tn.<I inn wvs opn AdopKd Yms-9Nays-0 � ^ � xithtM1eopllontormulatMbyCitystefLMCKC 2. Clmms elJeann�e Gatl�n. Mark Cenareuz. Erik %avu�avgh. aM MR�tlIN'aylee 5Uy aM II tM1<weWiuoeu a�e rot met. lM1C stay can Dc pulietl. Re&rtal m t�e tlty Atmmeys Offcc. - � �irpJnia Paimer. Au�zvmt C1ty ritarney rtprcunting tM1c Ofiltt of Umse i�upcc 3 Mmm�srotive ONers � - and Emtronmcmal Roltttlon WE�. appcaretl antl ttatca tiwt UEP �s In op�ros¢ U00141]AU1�otlzinglAeDCFN�nm�ofFrcaMSaklY�stepay(oralltesls t�eaLY.S�eeMpl�at'OThnmatttrMSgonemOrcCOVrte(Appca1s.51evcrtKe!�) urrN �o liol� a Cneca� Strcu Inaaknt DebtleMg rn Sepmmber �), 1998. �_ ratM thai Pao�a. 3nc was ro� opentmF �nth a licmss Eemux lfiere wns a maw5�. D001618 Au�herlxing tM1e Department W Frte and Safey Sr+Ntts to pay fw all rosts aF�^�^�� Howcvec Mr mcwrM �o mmplem a female fnf�h�er rnvantt mt nornYnR atudy ��mer u1d It Is Importanl to notc lM1at thae nevet wes a llcensc. They appim? 000�619 Nncnaiin tM1e �998 b�Aet In the Depanmmt of Tee�roMpy and �R��4f�edeNed.]heAAmmistntivelawJUtlR��ldeterm:nMi�cre.� m.ma i Servmes 55.000 bud YiM Wr an in�em In 91P69 to ron. mnmuons umer rmm� tM1C Eus�ness eoW� opea�e. The Ceuna� madc a anr.mn gcn�m ty monnF A ��at �OC Dus�n�u fs tictr�mm�ai �o the public xeii being and sa&tv antl. for tM1at r� sulhng ob�m cMC, tTe Counal s�outC deny the rcquez[ !or a smy o( the tlrnlai. Countllmca�ha t DW I610 TmLatlz�n6 �� Cn Ven SeMtt 01ttt/AlarkcUng aM Promdlans lo yy �d � tlmy lh< stay. Ts Nts hnnershry <iR.500 DO for Wo kiosks wLICM1 w+ll Waally be bnmtl at t�c �optctl as ammLeE: Yeas -� Nap - O Mall of Nnenr.� vntl Umm� Dcpo� 9 Rewlvt�on 98-I W I- Aut�on ing �hc Preper Oty af11Ha15 to en:cr mu v`<'. No�etl as on fie in Ne C�q Ckrk's Offre. sary a6reem.rnis b acttP� anE upentl 55.000 W 6rant tunticg Go�� .+•:- S RaSOINIOn9R�1066-flnuLZmeCllyCOUn[ItacOenfakenOCte�erl�. /ypa�m�5pp5COmMS5fon1AV5C1'M mg i�e aypLCmmn M DonaiE F'raLle a�M 4even Wlnarcr b mnne D�MnY fmm ke��a�l iom krs at CPnvay Rn+ea4on Cmmr. R\I-2lrmdmual multiPlo-(amtly) m 82.0 ICOmmunlry BusiMas CanvertMl m allow Counalmcmper Blakry mmxtl aPpmwl an of n e1nF�r fannly �rn�zr 10 an Inmrantt o111tt ux a� 1388 Gnn�i benue bopleC Yeas - 6 Nays - O ACStmtlon - I l�amryl TCOp�M: Veas -] Nays - 0 2L Resolut�en 9b-ID83 - TaePling the 1999 tlry ef Saine Pau: �� Lov pa�i, 5 P�n�metl (e� <Ilxvvlon 1993. 4 RnwvN for tl�uuvlon Joe Rtltl. prttttar. O(�[e of Flmne1a15eMaa. dppeartd .v+E 5[me1. !hr�c'e ] Remivuan 98.IC69 - ApProN�G ��e �ealsion of @e Is¢slatlre Heatln6 O(ficn an mveau �n t�e tu le+y anC �t lollow� t�e mss�mum levy xt en.LC [` z�.e IYryanr Cale F.�Rnrnnw u nppeals Inr pmMnv IoneM at 6iJ Vir�lnla SVeel. W2 Caunc�lmemtrr Cdanan maveA aPProwl. Nonl� Srtet'2�0 l�.anFtou f.vkvav �+�L. Wil-6G3 fl�h S�m� Eaa�. U5 �oP��'Teas-9Nays-� F_�rhau4e9rtrL11WF4rr5irceL21G5�aburrrcAvenueaM �. R��WUOn98.10&f-ACaPt�nFthel999^_Ityef5alntPaulMnua19uE6�:s Mbptal:l'nu -] Nap - 0 Ja ReW. Dvttmr.0(I�ce of flnaneint SeMas. epialmd Ne ehanFez:o [.^.e ♦ 8. Rewlutbn - 98.IW0 - Nnentlmg the I998 GP�� Impmxnrn� BuC6'�t by ��y�y BuEget. aM�n� 5380.000 �o �I�e IsOA Grovelami %aY Mea uW Sihwrk Prqn't Couk�lmemper Harxl: mwN aPG�'r+i n�4rynrtP Yra. -] Nay� - O Mopu+L Veae - 9 Nap - 0 � 99-��i� city of saint paul planning commission resolution fiie number 99-60 date September 10, 1999 �VI-IEREAS, PAWN AMERICA, file # 99-207, has applied for a Special Condition Use Permit under the provisions of Section § 60.534(6) of the Saint Paui Legislative Code, to allow establishment of a pawn shop at 1546 White Bear Avenue, legatly described as Hayden Heights, VacAlleys Accruing and Fol, Lot 42, Block 1, and WIIEREAS, the Zoning Committee of the Planning Commission, on 09/02/99, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantialiy reflected in the minutes, made tite following findings of fact: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approximately 6,000 square feet, as shown on the site plan dated July 28, 1999. The applicant states the Pawn America corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year, The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that Yhe Pawn America proposal does not meet the Zoning Code reqairemenY that pawn shops be separated from residentially zoned properry by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History section of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout moved by Getvais seconded by in favor Unanimous against � 99-» it� Z.F. #99-207 Page 2 of Resolution was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requiremenY is met due to applicanY's new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. As noted in the staff response to the previous application, staff is aware of no history of this reaz area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the extent of information about plans for the space aze the statements of Mr. Tim Welch, attorney representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Riacman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. 4. 5ection 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantia! comp[iance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciG This condition is not met. Policy 5.2.4 ofthe City's Land Use Plan says that "the City�� will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries beriveen residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequafe ingress and egress fo minimiZe traffic congesiion in ihe public sireets. This condition is met. There are no changes planned to the parking lot or driveways for the center. c. Tf:e use wilf not be detrimenta[ ta the existing character of the development in the immediafe neighborltood or endanger the public Izealth, safefy and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops cvould indeed be detrimental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may bejudged detrimenta( to the residential character ofthe ` � . Z.F.#99-207 page 3 of Resolution immediate neighborhood. 99-1�t� d The use wi11 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the disirict. In consideration of current planning activities, ihis condition rnay not be met. In recent years, the White Bear Avenue neighborhood has become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White $ear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located This condition is met. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the auYhority of the Ciiy's Legislative Code, the application for a Special Condition Use Permit to allow establishment of a pawn shop at 1546 White Bear Avenue is hereby denied, based upon Finding 3, that the application does not meet the Zoning Code requirements that pawn shops be separated from residentially zoned property by 150 feet, Finding 4(a) that the extent, location and intensity of the use would not be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council, Finding 4(c) that the use would be detrimental to the existing character of the development in the immediate neighborhood, and Finding 4(d) that the use may impede the normal orderly development and improvement of the surrounding property for uses permitted in the district. QR��I�AC� Presented By WHEREAS, the Commission's Zoning Committee conducted a public hearing on September 2, 1999, after having provided notice to affected property owners, and submitted its recommendation to the Commission. The Commission, in its resolution No. 99-60 dated September 10, 1999, decided to deny the application based upon the following findings and conclusions which are based on the evidence presented at the public hearing to the Zoning Committee: Council File # qq � �`\ � Green Sheet # _i��.l�t{� L4 Refened To Committee: Date i 2 WHEREAS, Pawn America Minnesota, L.L.C., in zoning file 99-207 made application to 3 the Saint Paul Planning Commission (Commission) for a Special Condirion Use Pernut to aJlow 4 establishment of a pawn shop at 1546 White Beaz Avenue, legally described as Hayden Heights, 5 VacAlleys Accnring Fol, Lot 42 Block 1; and 6 7 9 10 il 12 13 14 15 16 17 18 19 20 2] 22 23 24 38 34 40 41 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Pawn America Minnesota LLC has a lease agreement with Crreenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approxunately 6,Q00 square feet, as shown on the site plan dated July 28, 1999. 2. The applicant states the Pawn Amerlca corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 am. to 8 p.m., Saturday, 10 am. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that pawn shops be sepazated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History secrion of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejecrion of this second proposal, based upon a judgment that the new usterior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicanYs new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. °l9 -\ �lSe 17 18 19 20 21 22 23 24 47 48 49 50 51 52 53 54 55 56 57 � � � c. � As noted in the staff response to the previous application, staff is aware of no history of this rear area being used as a sepazate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the ea�tent of information about plans for the space aze the statements of Mr. Tim Welch, attomey representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Rixman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. Secrion 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall fmd that: The extent, location and intensity of the use wi11 be in substantial compZiance wlth the Saint Pau1 Comprehensive Plan and any applicable subarea plans which were approved by the ciry councit. This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmenta] regulations to prevent and mitigate land use conflicts among boundazies between zesidential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. The use will provide adequate ingress and egress to minimdze tra�c congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways for the center. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. The requ'uement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops would indeed be detrunental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As stafF finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. In consideration of cunent pianning activities, this condition may not be met. In recent years, the White Beaz Avenue neighborhood has become concerned about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities includina the White Bear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the CiTy of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. 9q-�� e. The use sha11, in all other respects, conform to the applicable regulations of the district in which it is located. 4 5 This condition is met. 7 AND, WI�REAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, 8 Pawn America Mumesota, L.L.C., on September 29, 1999, duly filed an appeal from the 9 deteiwination made by the Commission and requested that a public hearing be held before the 10 Saint Paul City Council (Council) for the purpose of considering the actions taken by the said 11 Commission; and 12 13 WI�REAS, acting pursuant to Saint Paul Legislative Code §§ 64.206 - 64.208 and upon 14 notice to affected parties, a pubiic hearing was duly conducted by the Council on October 27, 15 1999, where all interested parties were given an opportunity to be heard; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the zoning committee and the planning commission, the Council does hereby; RESOLVE, that the appeal of Pawn America Minnesota, L.L.C. be and is hereby denied as there was no errar in any fact, procedure or finding of the Commission; AND BE IT FURTF3ER RESOLVED, that the Council affirms the decision of the Commission and adopts as its own the fmdings set forth in Commission resolution No. 99-60 and adds these additional findings in support of denying the appeal pursuant to Saint Paul Legislative Code § 64.207: 1. This use does not meet the 150 foot separation requirement whether measured from the lot line of residentiaily zoned property or the building wall containing the use. A. While the dividing wall may have been intended to meet the separation requirement, the record indicates that the dividing wall will create space that does not appear to be commercially viable. The space would have no access to the rear of the building and the space appears to lack the normal facilifies one would expect to find in commercial space offered for rent. The wall therefore does not legitimately separate the pawn shop from residential uses as required under the zoning code. B. Failure to meet the specific separation requirement violates a term of the zoning code and therefore violates the general standards for special condition uses permits under Leg. Code § 64.300(a), 64300(c) and 64300(d). Failure to comply with a specific zoning requirement defeats the intent of the zoning code to protect the public by establishing zoning regulations intended to prevent land use conflicts. Pernutting a use that does not comply with zoning code requirements impedes orderly development and improvement in surrounding neighborhoods and conflicts with the goals of the City's Comprehensive Plan. 2. The space behind the pawn shop would be difficult to regulate to insure that the space was not used to facilitate the pawn shop and would therefore be detrimental to public health, welfare and safeiy. �°t-��5• A. Legitimate commercial use of the space behind the pawn shop would require a certificate of occupancy as weil as overall compliance with other applicable city buiiding and occupancy codes. Lack of ea�erior access increases the likelihood that the space could be used to facilitate the pawn shop and would therefore be detrimental to public health, welfaze and safety. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pawn America Minnesota, L.L.C., the Zoning Admiuistrator and the Planuing Commission. �R�GINAL Requested by Department of: ay: Form Appro ed by City Attorney a ay: �d.'� �✓�c�.vr�, /l— °l - �1 'j Adopted by Covncil: Date o-�, �. Lq`� Adoption Certi£ied by Council Secretaxy Approved by Mayor for Submission to Council BY' _�_�� 1� � �'._ Approved by Mayor: Date BY � , S � _ �� 9g -��u. 11/10/99 GREEN SHEET No 1 Q4/*�6 Peter Watnex November 17, 1999 TOTAL # OF SIGNATURE PAGES oFnut�rwegraie rnrcanu. � ❑ arvattw�r ❑ arcasu � wuncuuaEaxcuw� ❑ ra.xeut�aom�tto ❑ W1fORI�IbfLLi4I1) ❑ (CLIP ALL LOCATtONS FORSlGNATURE) Resolution memorializing City Council action taken October 27, 1999, denying the appeal of Pawn America Minnesota to a decision of the Planning Co�ission which denied a request for a special condition use permit to allow establishment of a pawn shop at 1546 White Bear Ave. PLANNING CAMMISSION CIB COMMf1TEE CML SERVICE COMMISSION f SOURCE INFORMATION (IXPIPNJJ Hes tnis persaJrrm e�erwnrlced unaer a contrace rortAis aepertmenn YES NO Has Mis perowJfirm erer been a dly empbyee7 YES NO Does ihis PetiwUfirm P� a sldll rwt mm�albPossessed Ey anY curlent citY emPbYee? YES NO k thic persoMrtn a taryefetl ventlaYt YES NO CO3T/REVENUE BUDOEfm (GRCLE ONE) ACTNITY NUMBER YES NO OFFICE OF Tf� CITY ATTORNEY CI¢yton M Robinson, Jr., Ciry Attomey n��' �� CIT'Y OF SAINT PALTL Norm Coteman, Mayar HartdDelivered November 10, 1999 Nancy Anderson City Council 5ecretary Room 310 City Hall Telephone: b51 266-8770 Facsimile: 651298-56I9 MJI.`(le i �e`�'=`u. v . �. _ ._..> T de k ! �? RE: Resolution memorializing city council action in the matter of the appeal of Pawn America, LLC. Zoning File No. 99-207. Councii public hearing date: October 27, 1999. Council acfion: appeal denied. Dear Nancy: Attached please find a signed, original resolution memorializing the Council's decision to deny the appeai of Pawn America from a decision of the Saint Paul Plaxuung Commission. Please place this matter on the Council's consent agenda at your convenience. Sincerely �/'.�ies-� �l✓yt�-.� Peter W. Warner Civi( Division 400 CiTy Ha71 IS West Kellogg Blvd Saint P¢uI, Minnesota 55102 Attachment DEPARTMENT OF PI.ANNING & ECONOMIC DEVELOPMENT Division oJPlanning 25 YYest Fourth Street S� CITY OF SAINT PAUL Norm Coleman, Mayar October 6, 1999 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: I would like to confirm that a public hearing October 27, 1999 for the following appea] c special condition use permit: Appellant: PAVJN AMERICA MINNESOTA File Number: #99-274 Purpose: Address: \�� S-^=� `�� ` \ � � q9-1{ E� elephone: 672-266-6.i63 'acsimi7e: 672-228-3374 P� ,.�„ -'+-. , tLr�.w.;:}� v.'.�:l:G! ` I� G 9MVY �� day q � suestfor a Appeal a Planning Commission decision denying a request for a special condition use permit to allow establishment of a pawn shop. 1546 White Bear Avenue (east side, between Hoyt and Montana) Legal Description of Property: Hayden Heights, VacAlleys Accnxing and Fol, Lot 42, Block 1 Previous Action Planning Commission Recommendation: Denial; vote: unanimous, September 10, 1994 Zoning Committee Recommendation: Denial; vote: 5-0, September 2, 1999 My understanding is that this public hearing request will appear on the agenda for the October 13, 1999 City Council meeting and that you will pu6lish notice of the heazing in the Saint Paul Legai Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ''y� � �"/1� � / � Nancy Frick City Planner cc: File #99-207 File #99-274 Paul Dubruiel Carol Martineau Wendy Lane, LIEP � •FUtsrx�mr• � NOTICE OF POBLIC A£ARII�iG _ - 27�eSaint Paul CSty Coiu�clwill conduct a public hearing on Wednesday. OMOber 27, 1999, at 5:30 p.m. in the City Council Chambers, Third Flodr, City Hall- Courthouse, to consider the appeai of Pawn Axnesica Minnesota to a decision of the Planning Commission denying a request for a special condition use permit Lo atlow establishment of a pawn shop at 1546 LVhite Bear Avenue (east side between Hoy[ andMIontanaAvenues). - Dated: October 7, 193� . NAI+ICyNPIDERSON � �� . Assistant�iEyCo'uncilSecietazy- ' - �# "• [Oct 9) � ==�—s ST PADL LR(iAb�L�GFdt �—=__ � ; � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT B�ian Sweeney, Dtrector CTTY OF SAINT PAUL Norm Coteman, Mayor 25 Wes1 Fourth Street SainrPaul, MN55/02 October 20, 1999 Ms. 23ancy A�derson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #99-274: PAWN AMERICA MINNESOTA City Council Hearing: October 27, 1999 530 p.m. City Council Chambers `l9-/ltlp Telephane: 651-266-6626 Facsimile; 651-228-3341 P1?RPOSE: Appeal a planning commission decision denying a special condition use permit to allow a pawn shop at 1546 White Bear Avenue. PLANNING COMMISSION ACTION: DEIVIAL, unanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: Five (5) persons spoke. eight (8} ]etters, a petition with 66 signatures, and two (2) phone �*'?s � ceived in opposition. The District 2 Community Council voted unanimousiy to oppose the special condition use permit. Dear Ms. Anderson: PAWN AMERICA MINNESOTA L.L.C, has appealed the decision of the Saint Paul Planning Commission to deny a special condition use pecmit to allow a pawn shop at 1546 White Bear Avenue. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on September 2, 1999. The applicanYs representatives addressed the committee. At the close of the public "c. :.,n the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld ti � Zoning Committee's recommendation for denial on a unanimous vote on September 10, 1999. This appeal is scheduled to be heazd by the City Council on October 27, 1999. Please notify me if any member of the CiTy Council wishes to have slides of the site presented at the public hearing. The appeal packet is attached. Sincerely, — -- °— - - _--.. �� -,uc,� Nancy Frick City P(anner cc: City Council Members Peter Warner Brad Ri�nan, Pawn America ; � Minnesota Attachments Carolyn V. Wolski, Leonard, Street and Deinard Wendy Lane District 2 Community Council File #99-274 ;� � J APPLICATION FURAPPEAL �� I[. jl �l Department ojPlanming and Econainic Development � J Zoning Seclio�r 1100 Ciry• Hall Annex 15 West Fourth Street Saint Paul, MN 55102 - 266-6589 94-ilttv if5 ��.- �. " �'. ., _ °�� :_...: . _ '�CI£Ig i � O I Q :/} �-� i •_._ . t* Leonard, Street & Deinard / Carolyn V. Wolski�representing llant: APPELLAtST Name Pawn America Minnesota, L.L.C. AddfeSS Suite 35, 2020 Silver Be11 Road City_ Eagan St.� Zip 55122 Daytime phone683-1044 PROPERTY I Zoning File Name Pawn America / File � 99-207 LOCRTION 1546 White Bear Avanae AddresslLocation TYPE OF APPEAL: Application is hereby made for an appeaf to tfie: � Board of Zoning Appeals � City Council � under the provisions of Chapter 64, Section 206 , paragraph (a) of the Zoning Code, to appeal a decision made by the St. Paui Planning Commission on September lo , 19 99 . File number: 99-20� (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. S � ' E , "_ LaRiTt$ File rio � >..Fse, ' -: �' °;�2£1�3tiYE_ � :� `:� P� Se2 Attachment A .� R�CEIVED SEP 2 9 �ggg ZONWG � K �,z��`� Attach additiona/ sheet if essary) Applicant's signatu / • Date .2 -p City agent_J( �C° I ��_c Carolyn V. Wolski, attorney for Pawn Ame�ica Minnesota, L.L.C. G� 99-i�i� �� i i� ATTACHMENT A Appeal of Pawn America Minnesota L.L.C. / File No 99-207 1. Appellant's proposed pawnshop, as detailed in plans submitted to the Saint Paul Department of Plannin� and Economic Development on July 28, 1999, will be more than 150 feet away from residentially zoned property. 2. Appellant's proposal meets the requirements of Section 60.534(6) of the Saint Paul Legislative Code (requirin� that pawnshops be separated from residentially zoned property either by a public street or by a distance of 150 feet measured from the buildin� wall of the pawnshop to the neazest lot line of the residentially zoned property), both as stated in the code and as interpreted by staff. 3. Appellant's proposal meets the requirements of Section 64300(d) of the Saint Paul Le�islative Code because: (a) By virtue of ineeting the requirements of Section 60.534(6), appellant's proposal also meets the requirements of Section 64.300(d)(I) and (3} of the St. Paul Legislative Code. Planning Commission Resolution 99-60 (denyin� appellant's application for a special condition use permit) states that because the 150-feet distance requirement of Section 60.534(6) is not met, the requirements of Section 64300(d)(1) and (3) are aiso not met. Accordin�ly, if appellant's proposal meets the requirements o£ Section 60.534(6), ft also meets the requirements of Section 64300(d)(1) and (3). (b) The Plannin� Commission concluded that appellant's proposal may not satisfy Section 64300(d)(4) because neighborhood concerns about "business condition and deterioration of neighborhood image" have led to new plannin� initiatives for White Beaz Avenue. Generalized neiahborhood concems are not a sufficient basis for denyin� a special conditional use permit. The inclusion of a pawnshop in a retail center is supported by the Saint Paul Legislative Code, as well as by existin� retail and commercial uses located near the premises at 1546 White Bear Avenue. (c) The Planning Commission a�reed that appellanYs proposal rs�eets the requirements of Section 64300(d){2) and (5}. ?� q ! ��T � Saint Paul Planning Commission City �Iall Conference Center 15 ICellogg Bonlevard West A meeting of the Plannin� Commission of the City of Saint Paul was held Friday, September 10, 1999, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Duarte, En�h, Faricy, Geisser, McCall, Morton and Nordin Present: and Messrs. Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, Mardell, Margulies, Nowlin and Shakir. Commissioners Messrs. *Jolinson azid Kong Absent: *Excused t� Also Present: Ken Ford, Planning �.�ministrator, Jean Birkholz, Nancy Frick, Tom Harren, Nancy Homans, Lucy Thompson, Al1an Torstenson and James Zdon, Department of Planning and Eca7omic Development staff; Tom Beach and Bob Kessler, Office of License, Inspection and Environmental Protection; Bill Hagland and Al Shetka, Traffic En�ineering, Department of Public Works. I. Approval of Minutes of Augus¢ 13 and August 27, 1999 MOTIO�i: Con:»:issioner Kramer moved approval oftke n:inutes ofAugust I3, 1999 and August 27, 1999; Con:missioner Marde!! seconded the n:otion which carried unanimausly on a voice vote. II. Chair's Announcements Chair Morton announced tha[ Mr. Ken Ford will be leavin� the Department of Planning and Economic Development beriveen October and the beginning ofthe new year. Mr. Ford responded by sayin� that tlie possibility of retirement and doing a few other things is something that he has been thinking abouf for some time, and decided to make it happen a little before the end of this year. He noted tha[ it �vas a hard decision to come to given the way he enjoys this tivork and workin� wiih the Plannin� Commission. `: _ —' _ ° ---- - - III. - Plan�ing A�Iminis#rator's Announcements Mr. Ford announced that he has handed out some information about audio trainin� conferences that the American Plannin� Association offers. � h4c Ford announced that this last week. the City Council appro� ed the rezonines for St. Pau! Bra;s and for the Riverbend Industrial Park. A public hearin� wa; held this week on the Shepard Da�ern Gate«a� Small Area Plan. Thz City Council laid it over to September 22, 1999. Vtost of the testimon} focused on the issue of affordab(e housins and some interest in havina 99-ii�� ;� more specific tar�ets for affordable housin� in tlie Shepard Davern area in the plan. The City Council set October 6, 1999, for public hearings on the Merriam Park and Hamline Midway Special Si�n Districts. IV. PtJB[sT� I-i�R1N�: JLT Group Site Plan Review for the proposed two buildings at Prior and Minnehaha and Fairvie�c and blinnehaha (Tom Beach, 266-9086, LIEP). Chair Morton read the niles and procedures for public hearings. Mr. Tom Beach, the Office of License, Inspection and Environmental Protection, showed slides of the site and gave a short presentatioo. - JLT Group is proposin� to construct two officelwarehouse buildin�s on property they-own bounded by Minnehaha, Fairview and Prior. The site covers approximately 14 %z acres. It has been used for industrial uses for a number of years. JLT has owned it for about the last three years. Earlier this year, JLT submitted a site plan for a trucking faciliry for Dawes Trucking. That facility was going to have 26 doors for trucks. The Planning Commission approved the site plan rvith a nwnber of conditions including existing curb cuts on Fairview, construction sound barriers, and restrictin� hours of operation. The City Councii heard the case on appeal; they approved it with the same conditions tliat the Planning Commission recommended, pius added some new conditions incfuding limitin� the number of trucks and requiring an annual review of the site plan. The Mayor vetoed that decision, but the City Council overturned the veto on a vote of 5-2. JLT Group has since filed a{awsuit about that case. No�v, they are proposing ttivo buildings. One ��ould go alon� Minnehaha; the other would be located alon� Minnehaha and Prior. I� .� Mr. Beach read the staff recommendations. Commissioner Gordon stated that he is concerned about approving a site plan �vithout hav_ing a'__ .,... better idea ofthe use ofthe buildin�s. Re�ardin� findings 3d and 3e, the staffrecotxrtnandation: . says that "the site plan is consistent if conditions are pVaced on the approval that minimizes the -° impact on the nearby residential nei�hborhood, including truck traffiq noise, light and the visual impact of this lar�e buildin�." A number of the conditions do deat �vith truck traffic, but if the site plan is approved consistent with the staff report, what would happen if we end up with a coupte tmndred trncS:s per day in that facilit}'? What is to protect these concerns that run in favor of the nei�hborin� land owners and residents around this site if there tums out to be some t�u�e amount of truck traffic? Mr. Beach responded that �vhen the noise anaiysis �vas done for Dawes Truckin„ there were some assumptions made about a reasonable number oftrucks given a number of doors. 7I�e noise analysis takes tlie more restrictive standards that apply from 10 p.m. to 7 a.m. Commissioner Gordon asl:ed if the site plan is approved consistent with the staff recommendation, is 2liere any limit on zhe number of trncks Shat coutd access that site over the Qiven course of a day? Mr. Beach ans��ered that there was not. If it turned out that the noise ordinance were violated, the City «oufd need to make sure that JLT came into compliance with iL Commissioner Gordon indicared that if there �vould be a laree number of trucks, they would impact on rnore thasi }tsst noise. Thesz ��outd be safety issues if trucks ��'ould be backed-up into intersections. Mr. Beach responded tha[ onz of the conditions is that trucks have to use Prior to enter tlx sitz, and ma�i�u�ering tl�e utuks �could Uz �,oing on in thz ;ite itsclC. Commissioner Gordon a;ked Mr. Beach �vhether he ha> thoueht of a�va� of strucmrins this so that there would bz some re��ie�c or control on the total number of trucS:s that could use the site? Mr. Beach � 9'9-1��ta _ replied tliat staff didn't consider diat; and added that it's not an easy thing to enforce. They hoped to settle some of dlose problems with the design of the buildings. � Commissioner Geisser asked if ��hen the MPCA did their environmental study, did they do a specific site studv or a cumu(ative affect on air and the environmental? Mr. Beach stated that when he spoke to thent, he eave them this site only. Commissioner Geisser noted that the �vhole area beaveen Fairview and Minnehaha has a lot of truck traffic. Mr. Beach replied that such a decision �vould be up m the MPCA ; the Citv can't require one by themselves. Commissioner Maroulies asked if Mr. Beach knew the status of the Da�ves (itigation and the outstandin� issues involved. Mr. &each replied that afl he knew is what he read in the paper. Joe O'Neil, lb3 East Sixth Street, Saint Paul, attomey representin� ]LT I�corporated, addressed the Commission. He ezpressed that nvo weeks a�o, some of the Commission members su�gested to him very stroo�ly that he and �ic Trooien s]iould make a stron� effort to meet with the neighbors. Throu�h the cooperation of ihe Hamline Midway Coalition, JLT had a very good meetin� on Wednesday niaht with the nei�hborhood. Both Mr. Trooien and Mc Meyer from 3LT were there, alon� with nei�hbors and the people from the Hamline Midway Coalition. It �vas a aood meeting and an understandin� tvas reached that ewall be very helpful in the future. Mr. O'Neii referred to a{ar�e zoni�i� map to show that the whofe area near this site is an industrial area. He said that he drove around in the area coimting the number of doors on many of the businesses in the area. Some of the doors �vere inside the sites; many were leading directly onto the streets. Mr. O'1`�eif pointed out that in the Legislative Code there is no restrictioits on the number of trucks permitted into a facility. IZone of the businesses in this area (� are rest�icted as to number of trucks. JLT Group bou�ht tl�is �r6�eriy in 1996. The properiy had been vacant for many years. JLT has tried to utilize and develop it in a way that is consistent with City legislation. He pointed out that goin� north on Fairvie�v, there's about 14 truck sites that have access riaht onto Fairview Avenue, and Prior Avemie also has many truck sites that access ri�lit onto ic. He reiterated diat industrial s+tes do not have any limitations regarding the number of tnick traffic. If however, there is any violation of City codes, people need to comply, and JLT certainly intends to do as �vell. A�ioise study that �vas done on this property on the Dawes matter found that there was no violation. [t appears that this use of industriai property is consistent �vith the code and consistent �+�itii thz use of an officehsarehouse or a trucking facility. There is nothin, in Saint P1ul's code that restricts the numf3ec ef doors in a building. Mc O'Neil indicated that the} intend to comply �vith aif of tlie staff recarnmendations even though some of the restrictions are more than other industrial property o�vners have out there. He asked the Plannin� Commission to be equal in so faras its consideration ofthe property ri�his ofthe industrial o�vner, JL7, and decide today to approve the site plans for 6oth buildings. CommissionerFaric}� asfied who did ta�e noise sza�y fo_r the Daa�es Truckin� site, and if a cop}� was available. Mr. O'Neil answered that Dacid Brasiau did the study and he thinks that the Plannin, Commission has a cop} of it. If co;t about $5,000 and was paid for by ]LT. Commissioner Faricy asked abou[ the Au=ust 18, 1999 leiter from Hamline Midway Coalition. i�lr. O�\`eil replizd that he ��as reFerrin2 to �esterda�� letter. �'he Plannine Commission did not received ir. Commi;sioner Gordon had been fa�ed the fetter. Mr. O'Neil passed out copies of thc leuu. , Commissionzr \o�� lin askzd aboutthe Dan2; matter. Mr. O�tieil replied that action has 99-��Ilo commenced in the Ramsey County District Court; the ans«•er has not yet been filed by the City. �� A hearing is scheduled for Monday, September 13, 1999, for a temporary restraining order. Commissioner No«•lin asked if Dawes is plannin� to go into the site on the east side. Mr. O'Neif ans«�ered that they are not; JLT lost Da�ves. Commissioaer I�iowlin asked if JLT was suin� on the land use restrictions or for damages. Mr. O'Neil responded that JLT was suing for both. Commissioner Gordon commended Mr. O'Neil, Mr. Trooien and the Hamline Midway Coafition on gettiii� together and meetin� with the communiry to discuss these issues and in reaching agreement on a number of concems. He encoura�ed them to continue in those efforts in hopes of reachin� a,reement iii the remainino unreso{ved issues. With respect to the role of the Plannin� Commission, the Land Use Plan calls for compatible mixed use, so the Commission needs to be lookin, at a way for the use of diis property tliat is compatible with tke residential nei�hborhood that abuts it on at least two sides. Commissioner Gordon a�rees that the code does not contain a specific restriction on the number of trucks, but the code does require the Planning Commission to make certain findin�s, such as there Gvill be no unreasonabte affects on neiahboring land o�vners. In order for the Commission to make those findings, it needs to take into consideration thin�s such as the fevef of Vuck traffic because given some level of traffic, there coufd be an impact on surrounding use. If JLT were to run 500 trucks per day into buildin�s, it might have an unreasonable affect on the neighborhood. The concern is how does the Plannin� Commission approve a si[e plan without knowin� that? He asked Mr. O'Neil if he has considered structuring this in a way diat would enable approval of the site plan and yet protect a�ainst an excessive amoiutt of truck traffic that Fvould unreasonably impac[ the surrowtding residential nei�hborhood? Mc O'Neil replied that he thinks the real restriction is '� the size of the buildina. The size of the 56�,000 square foot buildino at Gr�gs Cooper will lend itself to a certain number of tnicks; a small 29,000 square foot buildin� or a 33,000 square foot buildin� is restricted by the number of doors proposed. Mr. O'Neil indicated that the affect the Commission must find is not whether it�s reasonable or unreasonable, but �vhether or not it has a substantial effect. Whether or not it has a substantial effect is a decision for the Planning Commiss+on to make, althoi�sh these are not large buildin�s. The number of doors that are proposed «ould restrict the number of trucks that could be available for loading and unloading during the day. Commissioner Gordon asked how many doors are proposed. Mr. O'Neil ans«ered that there are 33 [otal doors proposed for both buifdin�s. Commissioner Gordon asked if he had heard correctly thai fhese 33 doors are contained �vithin �valls. P✓Ir. f2'Neil responded that they are �vithin ��al Is. There wil I be a�call all along the exterior of the Qroperty, 27 feet hi�h; trucks «auld come inside that �aall. Commissioner Gordon aske� if the outcome of this site p{an revie�v �vill ha�re any impact on the liti�ation process regarding the Da��•es Trucking site plan review. Mr. O'Neil replied tha[ he can't answer that question. All he can say is ihat the Ciry has not vet filed a response. Commissioner Nord�n asked if th�s buildins .�ere desi�ned as a one-tenant or possibly a two- tenant buifdin�. [vlr. O'Neif responded tha[ it �vas not designed as a one- or t��o-tenant building; morz possibl� for multi-tenants. �,4r. Trooizn. JLT Group, expfained that �chen they designed the northeast buildin�, they put in the ma�imum number of docks so that the} u-ouid not need to come back for further appro�al if the number of docks increased. Commissionei \lar,ulie� atsl:e� hu�� man� (I007� ��21r lu IIIC D <n«> ouiluin�_. Jlr. O'Neil � replied there «ere ?6. Cominissionzr �Iareulizs asked. althou�h hz and JLT «ant the Plannin, Comm{;sion to ba;e i�; deci;ion o�i thz ti�umber of doors. (gi�en th: Commi>sion�s decision, 9t 99-/I �!� needs to look at t�ie impact); what assumptions do they want the Commission to use with respect t � to the number of trucks on a daily basis that will be utilizing this site? Mr. O'Neil replied that � again the test is one of whether or not this use has a substantiat affect, and he indicated that the Commission should rely on the staff £ndings and staff's indication that this use is consistent with industrial use and with the Legislative Code. He stated that he can't ans«'er what the number of trucks �vould be. In e�amination, they have not found any other industriaf site in the Midway area that has any restrictions on the number of trucks, re�ardless of how many doors they have. Commissionerl�'o�vlin is troubled because he sees rivo building plans in front of him buf he doesn't see one site plan. He asked Mr. O'Neil what he considered the site to be. Mr. O'Neil replied that the site is tlie 14.5 acres. CoinmissionerNo�vlin agreed. Mr. O'Neil noted that you need a specific buildin� positioned �vithin that site. Commissioner Nowlinstated that the issue here today is not zonin� classifica[ion 1-1 or sometliing else. Everyone here a�rees that we're not chan�in� the zoning code or the zonin� treahnent of [he property. The issue is site planning. In tlie suburbs, this 15 acres would have a site plan, 6ut �ve're not seeing that today and we've got these problems. The Planning Commission's job is to assess and to make sure that there is no substantial adverse impact on surroundin� propeny. Here, we don't even have a number of trucks tha[ mi�ht use this. Commissioner Nowlin wonders how many more buildings can �e constructed on this 15 acres; perhaps a lot mo�e. This is not done yet. Mr. Trooien tesponded that he doesn't know where they would put dte nest building, other than where Dawes would have gone. Commissioner Nowli�i pointed out that the Commission does not have anything in front of them tltat clearly shows what's goin� to happen at this site for a long period of time. Mr. Trooien asked if tliere was a correlation between a site plan and restricting a number of trucks. To him the real issue is whether there are any other buildin�s that have those ;� restrictions; is tliere dual treatment goin� on? CommissionerNowlin replied that Mr. T�oie=i woutd find out in court that the �vay zonin� works is cumuiative and impacts are cumulative: He added that it's too bad that Mc Troaien is the I1st owner there; the Plannina Commission really �vants to help him. It's a troubled old piece of property and it ou�ht to be reused and it ought to be used for industrial. The problem is that there is already industry there. Now, someone needs to fi�ure out ho�e to esist there �vithout eaasperating an already e�istin� impact. ThaPs the law; not, "I get to do the same thine as the �uy next door." Mc Trooien thinks there is some element of tha[, but he [hinks the issue here revolces more aroimd [he number of uucks, and a small buildin� cannot eenerate as lar�e an amount of tntck traffic as a lar�e building would do with a lot of continual distribution. Commissioner Engh asked Mc O'Neil if he knew what the avera�e daily traffic count is on Prior and Fairvie�v. Mr. 0'Neil replied that he did not. Commissioner En�h thinks that is someffiin� the Commission should find out because countin� triick doors is only a snapshot ofwhat potentiall}• could �o in there. Havi� � driven up and doivn those streets, she thinks that a traffic ct>unf avould provide Ia�}pful information. Mr. $eacla responded lhat the traffic count on Fairvie�� south of Minnehaha is 7,6�0 vehicles per da}'; Prior is 4,100 vehicles per day; Pierce Butier sets about 12.000; Universit� Avenue in that area Qets about 22,000: Minnehaha gets about ],�00 ��ehicles per da}. � Commi;sioner Gordon asked Mr O'Neii ifthe Plannin� Commission approved this site plan ��itli staii recommendation>. ��ouVd the approcal aVso appl� to tUe alread� c�i,tin � buiVdin� on this site (thz Da��e; buildin�_). �Ir. OTeil repiizd that i[ �could not. Commissionzr Gordon � asked if this site plan ��zre dealine ��ith onh these t�co buildings. btr. O�\eil replied that it «a>. � 99-��t� � i� Commissioner Mardell asked Mr. Trooien about the market they were Iooking for in building these buildin�s. To him, it seemed likety to be more in the micro-office «arehousing distribution type of market. Mr. Trooien replied that JLT thinks there's a market for smailer bay use, not heavy truck users. options. Public Testimon�� The large number of doors put into the design is to give JLT some l. Cheryl Hammerlindl, 672 2�orth Fairview Avenue, addressed the Commission. She said that providin� that conditions to limit truck traffic, provide safety, and address concems and preserve the qualiry of the nei�hborhood, tllis is possibly an acceptabte development. One of her major concerns is the increased nwnber of dock doors added to the original plan. There being no restrictions on the e�istin� cron3panies in the nei�hborhood is a difficult problem for the nei�hboriiood because all of the thin�s that Mr. O'Neil exp(ained are along Fairview, Prior, and Pierce Butler, have led to difficulties in the community. The fact that the Midway area is a junction behveen Saint Paul and Minneapolis has led to the over saturation of truck related businesses in this very small residential area. She asked the P(anning Commission to take that into consideration. Decisions that Ilave been made about development in the city forty years ago affect this neighborhood today. Decisions that are made today about development wil( affect this neighborhood for at least forty more years. Both Minnehaha and Fairview have traffic and parkina problems. The nei�hborhood fiopes to meet with the Public Works Depadment and the Police Department to resolve some of the issues and reduce any nega[ive affects that more or new traffic would have on the area. Neishbors and members of the district council met with Mr. Trooien on September 8, aod came away hopeful that Mr. Trooien will continue to be willing to address the commimity's concerns. The community is interested in talkino further with Mr. Trooien about alternative development for this property. The communit}• respects Mr. Trooien's ri�ht to develop this property as lon� as it's compatible with the neighborhood and does not have a negative affect on the quality of tiFe for this area of residents. Chair Nlorton asked if commissioners had any questions for the Public �Vorks' en�ineers. Commissioner Gordon asked Mr. Shetka if he had any sense about what would be excessive truck traFfic, the point at which the level of truck traffic �vould unreasonably, substantially, adversely impact on the surroundin� neishborhood. He noted that was a difficutt question to quantify or qualif} . If trucks �could come in a convoy to load/unload at 33 docks, it certainly would present a problem for any particular place. Normally, in areas �nfiere there is heavy truck traffic, it's distributed throu;hout the `cork day, which does not {end itself to a problem. Occasionally, there may be some congestion and some noise, but con�estion and noise, in and of themselves do not create an unsafe condition. In fact, it may have the opposite affect by consestin� a strezt-siowins down and catmting traffic. Tl�is is a qaestion that really cannot be respotrded to tmtil there are numbers and voinmes to be anaiyzed. Commissioner \o�clio asked tilc S4ietka to talk about the existin� traffic columes. Mr. Shetka replied that Pair� iew is about 7,600 and Prior is about 4,100. He added that these are noi esce;si�'e volumes. Street; like Cretin Avenue near St. 7homas carries zbout 16,0�0 vehicles pzr da}: Snellin� 4�as about 4SA00 ��ellicle> pes da}. Commissioner \o«lin asked �vhere the majorit� uf truck trafll. �ium this area ��ould e�it \1r. Shcika re;ponde� that dzpends on their oriein and destination � 99�-�11� � 2. 3ames Turkowski, 1861 Enatewood Avenue, addressed the Commission. He pointed out that the proposed building at Minnehal�a and Prior has no setbacks indicated, which will create a blind corner on the southeast corner, like the current buiiding across the street produces. This will make turnin� north or south onto Prior from Minnehaha dangerous. Also, traffic heading noRh on Prior wiiV not be able to see traFfic tha[ is approachin� from the west on Minnehaha. Tlte second concern is that the truck docks increased from seven to 33, «�hich appears to be a shift from warehousetoffice buiidin�s to a major truckino facility, one that is even larger that the earlier one proposed alon� Fairvie�v, a proposal that was only approved afrer critical conditions were ptaced on it by the City Council. 3. Roberta Mackin, iSO4 En�le�vood Avenue, addressed the Commission. She explained that the reason [he nei�liborhood has �athered to�ether and has 70 people on their call list is because -- -- they don't-��ant [heir neighborhood ro look like North Prior. If the City wants more housing, then she thinks the indus[rial people are goino to have to accommodate it. She is concemed about [hese proposed buitdin�s that liave no desi�nated use abutted to a residential neighborhood that has been around a long time before Mc Trooien bought the property. There ought to be new restrictions and conditions. The neighborhood doesn't want any chemical waste products for obvious reasons and no produce or meats that require refri�erated trucks, which need to be lefr runnin� producin� more noise. The neighborhood �vould prefer office type buildings and there should be no exit onto Fairview Avenue. 4. Kimberly Ni�htin�ale, 1639 Van Buren Avenue, addressed the Commission. She and her husband own a duple� in the nei�hborhood. She noted that it is good that Mc Trooien is � working with the community. It is afso good to know that there will be no truck access onto Fairview. The nei�hborhood is currendy investin� money into its homes and needs to be assured that residential properties will not be ttegatively impacted by JLT's plans. There are safet}' and pollution issues that the nei�l�borhood is concerned about. There are approximately 75 children in the area, and the nei�hborhood is concerned about keeping them safe from traffic problems and pollution. S. Ron �Villiams, 779 Clayland Street, addressed the Commission representin� the Siena Club. In the Sierra Club's view, truck terminals are il(egal because they violate the City's Zoning Ordinance, the 1983 Land Use Plan, the 1999 Land Use Plan, the Cit}' Noise Ordinance and the 1980 District 1 1 Plan. The Sierra Club is not sayin� that Mr. 7'rooien has no ri�ht to develop his property for a light industria) use and that they expect the land should be turned into a weUand. It hopes that he will find a use that is compatible with the neighborhood. The Zoning Code for the City of Saint Paul says that [he intent of the 1-1 Industrial District is "ro primarily accommodate �vholesale and warehouse activities and industrial operations �vhose external __, physi�al affects are restricted to the area of die district, and in no manner affect the surround�no districts in a detrimental �vay." Tfie code further states that new buildin�s in I-1 must conform to specific uses includin� "�varehousin� and hotel establishments and truckin� facilities." The thrust of the Zonins Code here is to define permitted I-I lioht industrial activity as that which has no deleterious affects on Ihe surroundin; area. The code sharply distin�uishes I-1 from the ne�t industrial dassification, 1-2, b}' stating that 1-2 is for certain "industrial operations whose esternal affects �� ill be felt in surroundine districts." Classification I-1 indicates that its pennitted uses are restricted [o those ��hich hace no adcerse physical affects on neighborin� aiea,. Tru::nin�s facili[i��. alon_ ��i[li otl�z; spcei�i.d tue; a�e allo��ab!� u�:i_, on locations n'here � t6e} "in no manner affect the surroundimz districts in a detrimental «a�'." The problem here is that thz proposed buildin�=s �cill hace a suostantial affzct on neishborhood rzsidents. A pertinent � 99-iri� part of tiie 1980 Saint Paul Land Use Plan says "mixing the incompatible uses will create an unsuccessfui development. For example, uses which generate farge volumes of traffic, noise Or _.� air pollution cannot be combined with uses requiring quiet. This area is only about 12 blocks a�vay from �vhat in the past �vas the most air polluted site in Minnesota, Snellin� and University. The City lias �vorked hard to reduce air pollution at this site. 7he introduction of these proposed truck facilities threatens [he air quality of this area, a problem �vhich should be studied. The "need for such a study is even more pressing noGV since we are now considerin� facilities with the capacity to serve I�0-200 tn�cks per week, instead of the 45 per week for the southem most terminat. The ]999 Land Use Plan is even more supportive than the 3950 Plan in protecting residential nei�hborlioods from adjacent incompatible development. The Sierra Club understands that ihe City of Saint Paui intends to prohibit additional truck iransfer facilities in Saint Paul just a Roseville did some years a�o and other area municipalities have done. 1t makes no sense for the City to establish a polic}� like this and then squeeze in more developments of the sort that tliis policy proliibits. It is critical that the Saint Paul Planning Commission has adequate environmentai information in siting these site plans with serious possible affects on adjoinin� nei�hborlioods. The State of Minnesota Environmental Rights Act states: The Legislature finds and declares that each person is entitled by ri�ht to the protection, preservation and enhancement of air, water, land and other natural resources located within the state and that eacli person lias a responsibility to contribute to protection, preservation and enhancement thereof. Commissioner Gordon asked Mc �Villiams if he would allow that some level of increased truck traffic in connection with these proposed buildin�s would be compatible with the surrounding nei�hborlloods and would not substantially or imreasonably adversely affect the surrounding �• nei�hborhoods. Mr. 1Villiams replied that he would allow "some." He would hope that the P{annins Commission would add some kind of limit so that the neighborhood wouidn't need to be �vorried about it. Commissioner Gordon asked Mr. �Villiams what he would define as "some"? Mr. Wiltiams responded that he would follo�v the guide of the City Council and prorate these facilities accordinoly, abou[ 30 more. A bui(ding with 1 S loadin� docks, which has been in place for a lon� time, is also in play here. That should be taken into consideration. 74 loading docks total �vill now be the total number. 6. Any Hummel, 779 Ctaylancl Street, addressed the Commission. She siated that the Zonin� Code states, "The Plannin� Commission shall consider and find that the site plan is consistent with the city's adopted comprehensive plan and development of project plans for subareas of the city." The 1950 city Land Use Pian says, "Mising incompatible uses �vill create an unsuccessful development. For e�ample, uses �vhich oenerate large voltunes of traffic, noise or air pollution cannot be coinbined �vith i�ses requiring quiet." The proposed terminals are on land abutting a residentia! nei�hborhood immediately across an ordinary nei�hbodiood street, not a highway or truck route_ These t«'o neti�� tenninafs, plus another existing terminat on this site, wilt provide a total of 74 truck bays. The terminal buildines themselves may partially reduce noise levels to homes directly opposite each terminal from noise sources directly behind each terminal. These bazriers, however «ould not pre� ent si�nifican[ detrimental noise affects on adjacent houses up and do�� n Fair� ie« and 1�3innehaha to eidizr side of the houses that are directl}• opposite. These adjacent homes «ould remain in direct line of sieht and therefore, in direct noise ran�e, from noi,�; liom trucl.s dire�tl� bohind lll:i ST117117:1i. SII711IIl� e�en the home> directiti� opposite thc terminal; �wuld be ad� ersek affected b� noise ori:inatine amti�herz on thz site other than ,� directh bzhind the terminals, including notjust [ruek enginz; at lo�c speeds and idlin�, but stack / ! �� exhaus[ noise, en,ine revvin� at start-up, back-up signals and air brakes. Given the large � number of tn�ck bay's and tlie traffic capacity of the site, such noise should be expected to be ` substantial, not to mention considera6le truck traffic noise at atl hours alon� Fairview and Minnehaha. If the Fairvie�v entrance is permitted contrary to Commission and staff recommendations, the proposal does not indicate that there would be less than round the clock, 7-day per ��eek operation. Instantaneous noise levels from air brakes and repeated back-up beepers will disturb neighborliood peace and quietude and will be severel} disruptive to the neiahborhood. Thz noise evaluation submitted with the southernmost terminals proposal did not include any actual measurements of individual truck noises, but relied instead on federal EPA noise data from a division of the EPA that had been disfunct for nearfy riventy years. This data included only just the a��erage noise level of truck en�ines idlin� and movin� at 5 m.p.h. It did not differentiate amon� types of trucks or the aoe or mechanical condition of the trucks, nar did it include noise ranRes for start-up or revving of engines, stack eshaust noise,.air brakes or back- _ up beeper signafs. The City should require an actual test of noises from trucks of different types, ages and conditions. Such a study should include not only fleet vehic(es, but independently owned and operatzd vehicles as «�ell since these latter would be expec[ed to vary quite a lot with respect to noise. I�'oise will be particularly troublesome in spring, summer and fall when windows wifl be open for ventilation. Night time noise will interfere with sleep causing health nnd safet}' problems for children, students, parents, workers and other neighborhood residents. The heavier daytime noise will also interfere with sleep for neighborhood sliift workers, children at nap time aod those neighbocs who are i1L These trucking facility proposals in one of Saint Paul's evermore scarce affordable 6ousin� neighborhoods raises critical em�ironmentaljustice issues, development issues of key importance to the city, and economic issues for the ciry's employers as well as for �vorkers and home owners and the banks that invest in our moRgages and home impro��ement loans. Over 400 nei�hbors signed a pe[ition requesting an environ- �� mental assessment, includina noise, air and visual pollution for the southernmost terminal alone. As a violation of the zonino code and tlte city plan, approval of these hvo new trucking facilities on Minnehaha would cautitute a takin� in terms ofthe qua(ity of tife in the nei�hborhood and the inevitable subsequent decline in property values. Ms. Hummel therefore, respectfully reques[ed that the Ptanning Commission i7ot approve the nvo ne�v trucking terminal site proposals. In behaif of the neighborhood, she also requested that tlte Pianning Commission order a noise stud�. includin� actual noise measurements to be performed by a consultant acceptable to the neiahbors as well as the developer, and directin� all the noise sources and noise related affects the neiehbors have addressed 7. Leah Karlssen, S 1 S Tatum Street North, addressed the Commission. She specifically . addressed the land;capina part of die plan. She works as a professional landseape horticulturist and she has run her o�vn business for nine years. The site plan's landscaping i�cludes one row of deciduous shrubs that grow to about 3 feet tall interspersed �vith an occasional deciduous small tree that ero«s to about IS feet tall. Tl�ese buildin�s are about 27 feet tall. She made some su�gestions tjiaemi_��t provide some noise miti�ation, some air pollution mitigation as well as being � isuall}' attractive. There's a 10-foot wide buffer behveen the buildings on the ed�e the propert}. Accept at the comers �+'here i['s desirable to keep vision free ofobstruction, the planu could bz taller in conjunction �� idi the buildin,s. The tallest ones could be 25 feet or so. She sue�zsted e��ersreei�s as part of die plan because the� pro� ide folia,e all vear round. She sug2ested also that pfants and tree� be plantzd more densely. In combinacion, all these thin,> could do more tham pcu� id: ;i � i�tial barrier: the� could help ��itl; o:Le� concerns as «•ell. tn addition. she st;�*eested that somethim� be put into tiiz plan to en,ure that thz landscapin� is � indezd donz upon comple[ion of thz buiidin�;, and that it is maintainzd properl}. "_�,_ �y-i�� 8._Bob Volden, 1817 Van Buren, addressed the Commission. He lives right behind the grocer � on the corner of Fairvie�v and Minnehaha. He helps out at the grocery store and spoke from the s vietivpoint of tlie store. His concerns are safety issues and the quality of life in the neighborhood. He thinks that these issues are possibly threatened by the �vay this property mi�ht be developed. He takes issue with the presentation of the general area as presented by Mr. O'Neil. He has lived in this nei�hborhood for the past six years. In this neigh6orhood are approcimately 200 homes, and if they �vould be out in the area at the end of the rumvay of the airport, it would zost $16,000 for noise abatement, a federally fimded pro�ram, for the cheapest house. It would cost $60,000 for the cnost e�pensive house. The avera�e house �vould come to about $45,0�0. Taking 200 homes multiplied by 545,000 equals the potential threat to the quality of life down the road. As Mr. O'Neil toured from Uni�•ersity Avenue, up Aldine and passed McQueen TrucS:in� that buildin� is ri�ht on Thomas. Going tivest�vard from Aldine to Fairview, the facilities are all pretty much sheltered. 'tl�ere activities are baek down off the road and very few houses face those buildin�s. McQueen Trucking itself has a lot of doors, but the main operation is behind the building and imder cover. It's a very low activity type of business and doesn't seem to affect the quality of life too much. Banta Truckin� comes and goes off Prior Avenue. Only Bauer Bilt, the battery wmpany, has any trucks going on and off Fairview. From Minnehaha to Pierce Butier alon� Prior, it's all industriat, but there aren't any residences there. The residences are all on the back side. You might say that all these listed companies-McQueen Truckin�, Banta Trucking, Bauer Bill-are grandfathered-in. IfJLT comes in and puts up a whole bunch of docks, the minute tiiey start operating, they are grandfathered-in, and the nei�liborhood l�as to tive with them. Mr. Volden su�gested that is way the City Council put conditions on the Da�ves site. � Mr. O'Nei! asked that the Planning Commission approve the site plan in accordance with the (' code, providin� equality and concem for thz nei�hbors by puttin� into effect the various staff recommendations that 1LT Group has indicated they would a�ree with. He asked that the Plannin� Commission considec whether or not another noise study is needed since one has already been done. He indicated that JL"f Group will comply �vith any noise requirements of the City. MOTION: Conen:issio�rer Faricy nroved Uiat t/te public Iteari�zg be closed and the site plan be n:oved to tlte R'eiglrborkoo�lPlr�n�rii:a Conen:ittee; Conu�:issio�eer Nordin seconded the mntion wkich cnrrierl t+nanimous/y on a voice vote. _ V. Zoning Committee �99-177 P�t Boemer - Special condition use permit for shared parkin� at the Sandco parkin� lot on the west corner of Chestnut & Exchanez for Patrick McGovern's pub and restaurant at 22> -. -. - -- 1Vest 3"Street �Nancy Hn�nans, 2bb-6�57). MOTION: Cannnissioirer Gerrnis nmved �tpproval ojtke reqceested special condition use pernrit wit6 conditiniis for sGtrred parkine at tlre Saadco parking !ot o�r tlte west corner of C/iestr:td aacl Exe%aeeve jor Pettrick DIcGc�vert:'.r pc�b arzcl restac�raat at 22� West T Street. Mr. Ger��ais esplained that Plannin!_ Commission members hace a substitute resolution in front ol�them todac. � Commissioner Geisser asked if Patrick �(cGo�ern realh had 32 parkin_ space;. Ms. Homans m 99-///� �_ responded that tlie applicant reported he has 32 parkino spaces. Some spaces are used by his employees and some are used by tfie apaRment d�veflers. In the meetings Faith the Department : of License, Inspections and Environmental Protection, they determined that he needed these addiciona162 spaces, given the espansion onto the second floor. Commissioner Kramer recommended a minor change on the conditions attached to the resolution. He pointed out that one ofthe conditions that tlie Zoning Committee attached is that the applicant needs to provide an on-site attendant behveen tl�e hours of 8 p.m. and 2 a.m. It occurred to him that lot mi�ht actuafly close before 2 a.m. Perhaps the condition should add that there does not need [o be an attendant if the (ot is closed durin� that time. MOTION FOR AMENDMENT Conur:issioner Kran:er moved to amend cortdition #2 to say lliat t/re applrcant nu�st provide an on-site attendant rk�iing 1/te /torvs between 8 p.m. ar:d 2«.nx unless cordoned ofjbefore tkat tin:e; Conrn:issior:er Eneh secon�led t/re motion whiclt earrietf oi� a voice vote, witl: Comniissioners Maroufies anr! Nowlin abstainirtg. Commissioner Kramer, referring to condition #3, noted that it states the Exchanae Street entrance/exit will be cordoned off afrer 2 a.m. on all nights, but asked when it would open. Ms. Homans replied that it is her espectation that it will open when United Hospitai's lease begins in tlie mornin� or whenever the arm is enabled. Commissioner Fotsch asked if these conditions �vere present at the time the objections from the nei�hborhood �vere received. Ms. Homans answered that these conditions were developed in � consu�tation with the nei�hborhood residents and the applicant afrer the first sta�es ofthe public heann� when the objections were raised. � T/ie rsnter:derl niotion on the floor to approve !he requestetl specia! contlition use permit for s(�ared parking at Uie Saitdco parking (ot on d�e west corner of Chestnut nnd Excfiange for Prurick McGoverr:'s pub anrl rnstruvaat at 225 West T Street carried on a voice vote (eYlnro ttlies nnd 1Vowlir: nbstninino). �99-18� RoQer Bonfe - Rezoning from RT-2 to P-1 to allow a parking ]ot in association with Bo��fe Auto Repair at 366 and 372 Smith Avenue beriveen Grand and Forbes (Lucy Thompson, 266-6573). MOTIOV: Commissioner Gervais n:oved approval of U:e request to rezone the property at 366 and 371 Sniitk Avenue hebveen Grand tt�:rl Forbes from RT-2 to P-1 to allow a parking !01 [/1 QSSOCIlfI[O/1 iV[l�l B0771 Auta Repair. — Mr: Ger4ais esplained thaf this case had been a Iayovec The ori2inai application submitted was From ftT-2 to B-3. Fotlo�vin� discussio�i at the last Planning Commission meeting, an application was resubmitted from RT-2 to P-I. A ques2ion about a si�n issue came up after Zonin� Committee. Ivts. Thompson e�plained that Mr. Bonfe asked if a condition noted in the staff report in order ro establish a parkinQ lot in P-1 meant that he could not move a sign that is at Smith Aeenue and McBoll to a corner of the ne�v parking lot facine Smith Avenue. It is a 21- foot tali businz;s advertisin: si;n. It i; her interpretation that this sisn ��ould not be allowed in the parkin � lut. She thinks that tli� Cummission iieeds to tnake ii clzar thti: a business sign � «ould not be allo«ed in this location on [he parkine lot. Chair `torton asked if the ne�v sisns on the lot �� ill sa} "ParkinR for Bonfe�s Patrons Onh." bis. Thompson scated that something like m 9'S-lllto � - that would be allowed. She also informed commissioners that Mr. Bonfe is afso closing the driveway off of Stnith. The only access to this parking lot is from the alley. Commissioner Geisser asked if this means that Mr. Bonfe rvill fose his business sign. Chair Morton responded that hejust cannot move his business sign to the parkin� lot. Commissioner I�'ordin asked if the�e were a limit to the size of a parkin� si�n in the �-I zonin�. Ms. Thompson repiied that the si�n ordinance may have restrictions, but in terms of the conditions for establishin� a parkino lot in P-1, it does not have dimension restrictions. T{ie nmtior2 0�: tlte floor carrie�! eina�:in:ously on a voice vote. #99-200 American Portnble Teleeom - Special condiTion use permit to allow a ten foot cellular telephone antentla on the apartment structure at 1967 Grand Avenue between Prior and Cleveland (James Zdon, 266-6559). MOTION: Co/nmissiorrer Gervais aeoved approval ofl(te requested special condition use pernut witk con:'itions to a!!ow a ten joot ce!/ulnr telep/taie antenna on tlte apartment stnrctrve at 1967 Graird Avertree 6etweei: Prior a�:d Clevelnnd. Commissioner Gervais explained that this case had been laid over in order for staffto research the possibility of there bein� any other buildines or Socations in the area where this could be located. Staff reported that there were none. � The motiole oee cl:e floor cnrried unaiiintous(y on a voice vote. , #99-207 Pawn Americl -Special condition use perm it to allow a pa�m shop at 1546 White Bear Avenue behveen Hoyt and Montana (Nancy Frick, 266-6554j. MOTION: Con:missiare� Gervrris moved de�:ial of t1:e requested special condition use pernrit to a!!ow rt prnv�r shop a11546 lYkite BearAvenue wLich carried ur:animously on a VO[C2 VOIL. k99-208 YMCA - Special condition use permit for an institutional recreation center at 875 Arcade Street. "Loning variance for front yard setback, from 25 feet required to 8 feet proposed (on York Street), Nancy Frick, 266-65�4. NIOTION: Conn�:issioi:er Gervais nroved approva! of tlze requested specia! condition use pe�neit for rr Znai�rg vcrrimlce ;vitli co�iditioi:s for m fra:t yard setback jrom 25 feet required to 8 feet pr�posed at iui instiurlional recrealion renter nt 875 Arca�le Street whidt carried untutifranus[y on rr voice vote. �99-226 G1il Geisenhoff 1Molh' Toulouse - Modification of the river corridor standards to allo« fos t�tio additions to a�i ezistin� structure within 40 feet of the bluff line at 2072 HiQhwood A�enue bet��een Sky��'ap and NlcKni_h[ Road (Lucy Thompson, 266-6�78). DlOTIO\: Corru�ri.isiorzer G�n��iis er�ored «pprara! rtf tlre requesltr7 ntodificaliare of tlie rirer � c��rritlor sttutdards wiUt cn�tditinns to al[ow fnr two additions to an eristino structure within 40 feet nf tbe blu fjline at 2072 Hi;l�wondAveiu�e wktcl: carrierl iutanimously orz a voice vote. 12 9 9-//i� Commissioner Gervais announced the next Zoning Committee meeting will be hetd Thursday, September 16, 1499, ai�d there tivill be one order of ne�v business: Sherman R. Ruuick, a `� rezoning from RT-2 to RM-2 to allo�v a medium density housing project northwest of Toronto and Grace streets, southeast of Osceola. VI. Guest Presentation: Larry Dowell, President, Saint Panl Area Chamber of Commerce Chair Mor[on informed commissioners that Mr. Dowell had an emergency today and will not be addressin� the Commission. His presentation will be rescheduled. VII. Comprehensive Planning Committee Commissioner Geisser announced thatthere wifl be a meeting ohTuesday, September 14, from 3:30 -5:30 p.m. to continue discussion on LRT. A consultant will be comina during the first hour. VIII. Neighborhood and Current Planning Committee Commissioner Faricy stated that a date has not yet been set to discuss the JLT site plan review. IX. Communications Committee Commissioner Kramer announced that the 1998 Annual Report has been published and is now available to distribute. (� X. Task Force Reports Commissioner Gordon announced that the S7AR Board will meet September 13, 1999 to review all the applications. The Board wilt meet September 15 and 16 to intervlew all the applicants. Rankin�s are scheduled to be done on Wednesday, September 29, 1999. Commissioner Kramer reported that the White Bear Avenue Smalt Area Plan Task Force has been meeting. The ne�t scheduled meeting is for Wednesday, October 6, 1999; the tentative location is St. Paschal�s. XI. Old Business None. �II. " hew $nsiness Request for nublic hearin� on 1 Site Plan Aevierv - Tom Beach, 266-9086, LIEP Mr. Beach said there has been another request for public hearing on a site plan. This involves old railroad property south of �tar}�land bzt«een 3SE a�d Jackson known as the Trillium site. A site plan has been submitted by Frank Frattalone (Frattalone Excavating) to use the north 7 acres for out;id� sroragz of sand and equipment or material. Thz propert� is zoned I-2. To access this site, you need to come in off ofJackson, go down a road and underneath Maryland. District 6 e � and the Tri Area Block Cfub requested the puhlic hearina. They are concerned that there wi(l be 13 99•ri�t� polVution, noise, dirt, dust and traffic safety issues with this use. Because of these concerns the . neiahborhood took a proactive approach and solicited help from Representative Tom Osthoff to � develop this site as a nature preserve that wouid be an asset to the community and could be used by local schools as an educational tool. Representative Osthoff was successful in securing $900,000 from the 1999 Legislature for this project. Their understanding i_s that the City �vill _ have to accept the money from the state for this putpose. In (ate Septem�er the City Council - will hold a public hearin� and vote on whether to initiate the acquisition process and afrer that negotiations would bein� �vith the propeRy o�vner. Mr. Beach stated that another site pfan just came in for the south end of this site to be used for mini-stora�e. Mr. Beach explained that there are [hree considerations that the Planning Commission looks at when deciding to hold a public hearing: 1) Is it a major project; 2) Are there important policy issues raised; or 3) poes the site plan have a ma}or impact on the neighborhood. The District Council feels tliat this site plan �vould have a major impact on the neighborhood. Staffthinks that it ►ias the potential to have a major impact on the neighborhood and is recommending that the Planning Commission hold a public hearing. MOTION: Con:ntissioner Geisser moved ihat tlie Pfanning Commission I:old a public hearine o t1�is site plan; CamntissionerKramerseconded tke motion w/tidr earrietl ru:anin:ortsly o�: a voice vote. The date for pub(ic Itearing on this site p4an revie�v was set for October 8, 1999. i� XIII. Adjournment MOTION: Comn:issioner Krnmer moved ac journment; Comn:issioner Fotscl: seconded the n:otion w/ticlt carried �utaitit�rously on m voice vote. The meetin� was adjourned at 10:46 a.m. � Recorded and prepared by Jean Birkholz, Plannin� Commission Secretary Plannin� and Economic Development Department, City of Saint Paul Respectfully submitted, Kenneth ord Plannins Administrator \planning\minutts. frm Approved (Date) Jennifer En�h Secretary of the Plannino Commission 14 '{� f� i � CIT'Y OF SAINT PAUL Norm Coleman, Mayor September i0, 1999 DEPARTMEN'f OF PLANNING & ECONOMIC DEVELOPMENT Brian Sxeeney, Di�ector 25 West Four�h Sireet Sairu Pau{ MN SSIO2 TO: Planning Commissioners - FROM: Nancy Frick 7�F RE: Z.F. #99-207 PAWN AMERICA (1546 White Bear Avenue) 94-iii� Telephone: 651-266-6626 Faaim ile: 65I -22833 J ) The attached letters were received after the September 2, 1999 zoning committee public heazing on the above matter. Both letter express opposition to the proposed special condition use permit for a pawn shop at 1546 White Bear Avenue. �� 99-/1�� : ,• ,� � ��,..�-.- y�..�.°--� � �� > �� $-3�-� No �� G-�- �-�-� � �,�-�"�� Sz�-.--�- � �s�� _. �`�- ";--�:�.Q� �� --� �,,.� �-� ��......� �- �� -� .,Q,_.� � � ��, � .�. � -�� ----�..� -�� _ � � �� .� � ati� � � �� .n;w �,-�,-�= �-�. �� - �.�..°�, ��.`�- °.- .��-- ,9�-�` ' ' �.`-�""' �-u�-R--� ��-� � `.�`_ _ � �� . .� '�- �.� �,-� -�-�- � ��'�- �- °-�' -� --�-� � �� .=� �- � _ . � s�e.�� °��.� �..-,_.� ��- . - - � - _ . � �� - _�._—.�, �-y-�-- - - ` ��° � . ,. c� _ �, 99 , Saint Paul Zonin� Committee Litton Field, Chair 25 West Fourth Street � Saint Paul, MN 55102 Dear Chaiz Field, . v: The Zonin� Committee will soon be deciding if they wi11 allow Pawn Amezica to locate at 1546 White Bear Avenue. Please, vote no! Hill�rest once was a nice place to shop, and it could be again. The decision is up to you. V�'hy do you want to continue to brig our nei�hborhood down? We already have one pawnshop located less than two blocks from this location. They are (� also buiiding a bin�o pazlor one block a�s�ay. I don't know how much more of these kinds of places the nei�hborhood can take. Please, think about how to make the East Side better and do the right thin� for our community. Sincerely, � �/��rtie-o1 �� t9-�i it� MINU7ES OF THE ZONlNG COMMITTEE Thursday, September 2, 1999 - 3:30 p.m. 6� t� . City Council Chambers, 3e Floor City Hall and CouR House 15 West Kellogg Boutevard PRESENT: EXCUSED: OTHERS PRESENT: Engh, Gervais, Gordon, Kramer, and Nowlin Field, Faricy, Morton Peter Wamer, City Attomey_ Nancy Frick, Caroi MaRineau, Ailan Torstenson, of PED Pawn America, 99-207 - special condition use permiY to allow for a pawn shop at 1546 White Bear Ave., Zoning B-2. A slide presentation and staff report was given by Nancy �rick. Staff recommends denial of the application. Cari Wolski, attorney at Leonard Street and Deinard, was present to represent the applicant. She disagreed with the way staff had characterized the situation, saying that the proposal was not attempting to circumvent the code but rather to meet it. Ms. Wofski referred to a lettes from staff which indicated how the distance wouid be measured, from the exterior building wall or in the case of a multi-tenant buiiding from the interior wall of recog�ized marketable commercial space, and stated that this proposal therefore meets tfie distance requirement. Larry Soderhoim said that the letter Ms. Wolski referred to suggested tests for what would be considered recognized marketable commercial space - visibi{ity from a main street, previous division and use, and designed for customer access. Staff finds that the proposed partition meets none of those tests. Commissioner Kramer stated that he disagreed with both interpretations, saying that "buiiding wall" means wall of the buiiding, not of the licensed premises. Ms.lNolski repreated her opinion that the staff interpretation of how to measure distance is correct and that the application meets the requirements of the ordinance. She also said that the space can be modified to have its own door. Commissioner Gordon asked abDU# the purpose of the spacing requirement. Ms. Wolski stated her understanding that it respvnded"to a concern about gans and noted that Pawn America does not buy or sell any weapons. Commissioner Gordon asked Ms. Wolski about the buiiding wall definition and went on to state that the Commission may disagree with staff. Chuck Repke, Community Organizer from Dist. 2 was present to testify and neighbors were also present to speak. Sherri Letz, 1939 Montana Ave. E. Block club leader of 1900 block of Montana appeared in opposition. She lives directly one b�ock east of where Pawn America is applying for a license. 99-liit� Zoni�g Committee Minutes September 2, 1999 Pawn America � She was representing the block club of Montana and Hoyt Avenue to ask the zoning committee to deny the license request for Pawn America. She stated that the neighborhood currently has two pawn shops. One is Lincoln Pawn and Jewelry, the second is Floria Jewelers which would be located less than 2 biocks away from where Pawn America has apptied for the license. Her major reasons for coming before the zoning committee were: 1) There is no need or a want in the neighborhood for another pawn shop. 2) There already are two pawn shops in the neighborhood. 3) She cares about her community and her neighborhood, and 4) She would like to see a business located in this area that the neighborhood needs and could use and that wouid comptement the other businesses ctose to it. She went door to door on the biock and got a petition from the neighbors that could not attend. Out of the 67 residences talked with 66 and they wouid iike the zoning committee to be aware that they do not need or want another pawn shop in the neighborhood. She took a personal survey of how many people do use pawn shops in my neighborhood and found the peop{e in the neigfiborhood do not use pawn shops. She asked the zoning committee to consider the neighborhood and their needs and not to give Pawn America the license that they are requesting. Julie Pivick, 1809 E. Nebraska spoke in opposition. She lives about 200 feet from back of pawn shop. She is opposed to the pawn shop because she doesn't think it will add any value whatsoever to her neighborhood. She has talked to neighbors and their main concern was that they have space for the possibitity of a grocery or hardware store. Another concern was that White Bear Avenue would have increased traffic from outside. ;� Lois Gelden, 1826 E. Nebraska Ave. and Loretta Novack, 1474 McAfee were also present to speak in opposition. Chuck Repke spoke in opposition for District 2 and he said he received a cail from Scott Viney of the White Bear Avenue Business Association that they too oppose the request from Pawn America. He also disagreed with the staff interpretation of the definition of building wall and cited the deflnition of "building" fou�d in the Zoning Code as being "any permanent structure having a roof supported by columns or walls. Mr. Repke said that the externai walis should be used for measuring the distance requirements because of neighborhood concern about the clientele and activities potentially outside the licensed activities. Cari Wolski again stated that her interpretation meets the distance requirement of the zoning law. Commissioner Gervais closed the pubiic hearing. Commissioner Gordon moved to adopt the recommendation of staff and deny the application. Commissiones Kramer seconded. Commissioner Engh spoke in favor of the motion. She said that she remembers that the 150 foat distance requirement was included in the code not just because of guns, but also because of noise, lighting, and traffic relating io the pawn shops. Commissioner Gordon spoke in favor of the motion. He stated Pawn America does not meet the requirement of the code, and that the interpretation for distance measurement should be the exterior building wall. ;� 99-ii�� '� � Zoning Committee Minutes September 2, 1999 Pawn America Commissioner Nowlin said that, in order to approve the special condition use permit, the Planning Commission has to assess that tfie extent, location and intensity of the use wil! be in substantial compiiance with the Saint Paul Comprehensive Plan and any applicabie sub area pians. He said that the testimony shows that the proposal is not in support of the neighborhood. He said the Plan calis for urban vilfages and that this is one which we should preserve. He wanted strip centers that support the neighborhood and the urban center. Commissioner Nowlin noted that retaii vacancies are a probiem throughout the region but that doesn't mean an owner can�ut anything in a neighborhood strip mall. The motion to approve denial of the speciai condition use permit for Pawn America was moved by Commissioner Gordon and seconded by Commissioner Gordon. The request would go to the Planning Commission. Adopted Yeas - 5 Drafted by: (p/YL laurie Kaplan Recording Secretary Backup Nays - 0 Submitted by: . � c n•c � ancy Fri Zoning S ction Approved by: t;ttor�-F, � Ghair ,�,/�� J�nn �S �°�eJ.�iS 9 9-i�� Dear Zoning Committee Members, We the nei�hborhood of the 1900 block of Montana Avenue East and of the 1900 block of Hoyt Avenue East want to inform you of our neighborhood needs. Montana and Hoyt are the cross streets of l 546 White Bear Avenue our neighborhood is located east of White Bear Avenue. We the neighborhood, DO 1�OT NEED or WANT another pawnshop located in our neighborhood for two Major reasons and are asking you NOT TO give the license that Pawn America is requesting. 1. WeII do NOT need or use pawnshop services in anyway. 0 2. We cunently have�,� pawn shop located less then two biocks a way from the location Pawn America is seeking a]icense for. i-�lease consider the neighborhood and our needs and do not give Pawn America the license they are requesrin�. , ;� Thank You Listed belo�v and on the following pages are names and address of peopte that titi�e in the neighborhood of Montana and Hoyt that agree with the above statement and want you, infonn you, and ask you please not to give Pawn America the license. Thank you again. � �� ` �� %�� /1�'-�j /�c,�r��,� � �s � � � �� . 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S�� (un �F�+�U� � �� J 0 , �� la�� D �-� � � �-I-�19 I � �/��u�� l�� i1� � ( 99-1�/�a CO�lJ/ �� J � /��`" a��a � �77� ��'�� , /�J�.. �c, . � _ �� I� ��, �� Y � �� - �� s�l �.,� �- �, . - � � �—�'�� C��? ��° �� S �f� G l, �z u� /� � .��ti'� , �/�� /�;�� —,s � ! /�7� .. �-�i� �� 9-�i�� - �� _�,- ��.� ��.�n_� �. ��-Q�� S�- ��ul � .�Sfl�- �r/->>� y�j��/ �� / � � a� 7 �d�� .� s �- ��/��l�i s � ��, � � � �� "� +f�an�a„�g �t-1``�1 99-I»�� Survey on Pawnshop needs or Use. No I have not used pawnshop servies. � � c_ '� � Cu� ��s �� - � � � �� n �.� �G �� w� _� �- �� G� � � �' �� ' , �,� � ��V�,.� - �� C� �� J� �� It 'v , . � �, �� / ��/ � 59-1/l�P `� Survey on Pawnshop needs or Use. Yes I have used pawnshop senies. l i� ..,.-_ w °- :� � m 99-�/ �t� �� 1 � � Zani�(� hle� 99•Z07 C\ �� i�P�y _ � - ��- �..� ��; - - - - -- -- -- - - -- - -- - - - -- -- -- - ----- � �� e � e.� � ��.�..��- -�� ' -�-�-�-�- .�.� � .�,,��-- - ' t '�A�v`--UiCLW - vL. - �'»zo ° . 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U.��C�., ��- -�� r� -�` �,��-t/��' ``� � ± � � ; �,� y �� k `, „�i ' � � � �t/ LZ� . Z�U � �;2��A �Gf��J�� C�a ��i�.o—.� �..-��r�,..� � /��, -��/°�--�-' t�� a � ' B ./,�//�� ' -'�' ,��✓ ��1-�i�c - ° � � . �� ' �� `�ti�� Z� / L � { � -,o ��u��. �=, �� -- - : ,� �� e�Q��-��.��. - l � � 3 _ �' �� i�-2_. ,�9 . �'�� ,�� ' Gi � , r � �. c�2� � ��-�-� � ,?'��zh-� C��. �i � �.�a�- �:�-;� —�� %� .5%eb'e/I!/f k'e%cN.7ifP, �:' %FI.�3 �Nebj^a.SK�i Av� ST t�� ±�. ,�iiy' S"SII 9 ;� �i 9 -ii it� 2oh� �le� 99• zo? �� , Saint Paul Planning Commission Gladys Morton, Chair 25 West Fourth Street Saint Paul, MN 55102 Deaz Chair Morton, The Saint Paul Planning Commission will soon be deciding if they will allow Pawn America to locate at 1546 White Bear Avenue. Please, do not let this happen. We already have one pawnshop located less than two blocks from this location. They aze also btiilding a bingo parlor one block away. I don't irnow how much more of these kinds of places the neighborhood can take. Hillcrest once was a nice place to shop, and it could be a�ain. The decision is up to you. �� From �� ha2 we hear in the neighborhood, the law has to be stretched pretty thin to let this pawnshop go in: Why do you want to do that to our nei�borhood? Please, think about how to make the East Side better and do the ri�ht thing for our community. Sincerely, �o%�sa�..-� �� ,S� � n �. �iv �G�.c.� ,Li_ (/��e � � o G � 99-�� 2ohiny �le �99• � � Saint Paul Planning Cominission Gladvs Morton, Chair 2� West Four[h Street Sain[ Paul, NI�i >j 102 Dear Chair Nlonon, The Saint Paul Plannina Commission will soon be deciding if they wiil ailow Pawn America to locate at 1�46 W1ute Bear Avenue. Please, do not let this ha�pen. We a�ready have one pawnshop located less than two blocks from this location,. They_ are_ - also building a bingo pazior one block away. I don't irnow how much more of these kinds of places the neiahborhood can take. Hillcresi once was a nice place to shop, and it could be aeain. The decision is up to you. �� From what we hea; :n the neishborhood, the ia�v has to be stretched pretty thin to iet this pawnshop �o in. Why do you want to do thac to our neiehborhood? Please, think about how to make the East Side better and do the risht thine for our community. Sincerely, � � ��\-1� � � "L/ � , JU �I r /' �-� �/Z n'� �C� / I v-� � `�' ` ( � 1'� �/ S�s(�� , ;r��u� ��'��-� i�o i F . �c��- �,�-�z-. ,� -��' - �c� rn�. ss i y' L.F. SORENSON, D.D.S., P.A. R.C. - STODDARD, D.D.S. , Family Dentistry Zoning Co�ittee 25 West Fourth St. 1400 City Hall Annex St. Paul, MII 55102 Dear Sir, Re: Zoning File: 9i99-207 Zoning File Name: Pawn America Since I am unable to attend the Thursday, September 2nd, 1999 meeting, I am writing my comments to you as if I were addressing the hearing committee. I am Lowell Sorenson, a dentist on White Bear Ave. My office building is second from the corner on the block immediately south of the shopping center. I have been here 35 years. I sympathize with the owners of the shopping center in their attempt to secure tennants for their vacant space. Shortly after I bought my building, from my partner, about 20 years ago, a long time tennant, a pediatrician, left to join a large clinic. It took 2-3 years to find a tennant. After a considerable amount of time, effort and money spent in remodeling, the new tennant moved out in the middle of the night after only 6 months. I kno�p how they feel about lost income from empty space. However, I do not want to see another pawn shop in the neighborhood. We currently do not have a food store, clothing store or hardware store in the area. These are surely more important than a pawn shop so I don't see the need for a second pawn shop only a couple of blocks away for the existing one. I am not sure how much assistance the owners have sought or what is available to help them find an appropriate tennant. Possibly the city, White Bear Business Association, District 2 Community Council, real estate agent or business consultant can help. At any rate, the entire surrounding community sfiould help in the effort to recruit, retain and support the neighborhood businesses. Complaining about potential tennants, but shopping elsewhere does not help the community. Possibly dividing the space would help. Vacant s�ace is a problem all over Yhe area. Maplewood Mall and t3�e sarrou�d3ng zmpty°space due to excess retail building. The Metro area has a high retail square footage ratio per capita and older shopping areas are feeling it. I oppose the Pawn America special use permit and urge the owners to renew their efforts to secure and appropriate tennant. Sincerely, f /� � .'CC�r ��/`'/''/.nc � - Lowell F. orenson DDS� S cc: Council Member D an Bostrom j 1524 White J3ear Avenue . St. Paul, Minnesota 55106 • 776-1597 99-ltit� :� � �� ZONING COMMTTTEE STAFF REPORT 1. APPLICANT: FILE #� 99-207 PAWN AMERICA DATE OF HEARING: 09/02/99 2. CLASSIFSCATION: Special Condition Use 3. LOCATION: 1546 WHITE BEAR AVENUE 4. PLANNING DISTRICT: 2 5. LEGAL DESCRZPTION: see file 6. PRESENT ZONING: B-2 ZONSNG CODE REFERENCE: Section 60.534(6), Section 64.300(d), Section 64.300(f)(1) 7. STAFE INVESTIGATION AND REPORT: DATE: August 26, 1999 SY: Nancy Frick 8. IIATE RECEIVED: 07/27f99 DEADI,INE FOR ACTION: 09/25/99 A. PIIRPOSE: Special condition use permit to allow establishment of a pawn shop. B. PARCEL SIZE: 1.73 acres C. ExxSTINC LAND IISE: The proposed site of the pawn shpp is a currently vacant commercial space in the Hafner Centre shopping center. Other uses in the center include a print shop, hair salons, fabric store, restaurant, hobby shop, tax service, and coins/collectibles store. O£fices occupy the second level. There is a parking lot in front of the center and one behind the center, both of which are accessed from Hoyt and Montana. D. SIIRROVNpING LAND IISE: ' North: Commercial: entertainmen*_ center, retail, service (B-2) East: Single family residentiaZ (R-4) South: Commercial: retail, clinic (B-3) West: Commercial: dry cleaner, restaurant (S-3) E. ZONING CODE CSTATION: Section 60.534(6) of the zoning code permits pawn shops in the B-2 Community Business District subject to special conditions when the business is conducted within completely enclosed buildings and is separated from residentially zoned property either by a public street or by a distance o£ one hundred £ifty (150) £eet measured from the building wall of the pawn shop to the nearest lot line of the residentially zoned property, provided, however, that a modification may be granted pursuant to section 64.3000 from the foregoing requirement upon conditions discussed in Finding 3 below. F. AISTORY(DISCIISSiON: The property occupied by the Hafner Centre shopping T <� Z. P. 99-207 99-�/��, Page 2 center was zoned commercial in separate actions in 1947 and 1950. A parking lot permit was granted in 1970. The history of the Pawn America application is as follows: 1. Auaust 11. 1998. Pawn America Submitted an application for a special condition use permit at the 1546 White Bear Avenue site. The site plan, dated August 1998, which accompanied that application is attached to this staff report. That site plan shows a 7,686 sguare foot store that occupies the space previously leased by Champion Auto Stores, the existing Insty Print shop, a small vacant space and the £ront portion of an interior hallway. _ 2. Sentember 3. 1998. The Saint Paul City Council adopted an interim ordinance placing a moratorium on the establishment of any new pawn shop pending the study of possible amendments to the zoning code; as a result the Pawn America application process was terminated. 3. April 26. 1999. After the pawn shop-related amendments to the zoning code, adopted by the Saint Paul City Council on March 10, 1999, went into effect and the moratorium was lifted, �awn America submitted an application with essentially the same proposal as the August 1998 submission (see site plan dated ApTil 26, 1999). Staff concluded that the proposal did not meet provision in the zoning code specifying separation of pawn shops from residential zoning districts and returned the application, based on measurement, as shown in attached map. � 4. Mav 12. 1999. Pawn America submitted a revised application with a new floor plan showing an interior partition within the former Champion Auto Parts store space drawn 30 feet to the west of the rear interior wall. The space to the west of the new interior wall was labelled partly "vacant" and partly "common space". Attached to this staff report is a letter dated May 21, 1999, from Larry Soderholm to the applicant explaining that application does not meet the standards of the Saint Paul zoning code with regard to separation from residentially zoned property as the staff interprets it. In the letter, Mr. Soderholm notes "the 30-foot area ,is at the rear of the and has neither visibility from White Bear Avenue nor any dporyrays designed £oY cusomter access. ..[and] ... no evidence that th� 30-foot space has ever been leased previously as a separate commercia� tenancy."� 5. Julv 28, 1999. Pawn America submitted the application which is the subject of this report. The accompanying site plan, dated July 28, 1999, now labels the 30 foot space as "other commercial space". A July 23, 1999, letter �attached) from 1�Ir. Andrew Lee,. representi.ng Pawn America, says, in part, "...[We] will stipulate that the separating space will (i) not be used by the Applicant, and (ii� wi11 be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code _ _ . '�. : � Zt was detezmined by staff that the questions of intenC and interpretation of the Zoning Code being posed by the latest version of the Pawn America application needed to be considered by the Planning Commission, through the normal public hearing process for consideration i� Z. F. 49-207 ( ` _",� Page 3 of special condition use permits. G. DISTRICT COIINCIL RECOMMENDATION: On August 19, 1999, the District 2 Community Council recommended denial of the permit based upon the proposal not meeting the intent of the distance requirement stated in the code. H. FINDINGS: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Aafner Center, LLC. to rent space for a pawn shop. Provided is a lease - agreement submitted to the City wiCh the license application last August. The groposed pawn shop would cover approximately 6000 square- feet, as shown on the site plan dated July 28, 1999. A store £loor plan is also attached. It was the staff understanding from a discussion with property owner Larry Voehl that Pawn America would also lease the 30 foot deep space behind the proposed pawn shop and sublease it to anether tenant. Subsequently, however, Mr. Tim Welch, representing Pawr America, indicated that this other space would be under a separate lease agreement with the property owner, rather than subleased from Pawn America. i� ;� 2. The applicant states the Pawn America corporate entity owns ten � opezating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open twc a�.ditional sites this year. The corporate offices are in Eagan, Minnesota. The applicant states,that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. 3. Staff finds that the Pawn America proposal does not meet the Zoning Code requirement that shops be separated from residentially zoned property by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in F above, the series of submissions began with a stflre that, like the --; _previous.�enanE�:=e��eaded_the �1�Eh-af Ehe shopping center building. After staff rejected that proposal based on distance, the store layout was xevised� with an apparent attemgt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wa11 clearly designed to divide commercial spaces (as referenced in F(4) above) was met with another revision of the site plan, this time with the argument that the code requirement is met due to applicant's new 1>b=lling of the space as "commercial space" and a stipulation that the space would be leased for another use. Z. F. 99-207 Page 4 94—��c� As noted in the staff response to the previous application, staff is � aware of no history of this rear area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. To_date, the extent of information about plans £or the space are the statements of Mr. Welch that there are a number of possibilities for leasing the space, that the leasing agent says there wi11 be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Ri�n family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner - Centre. 4. Section 64.300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location aad inteasity of the use wi12 be in s%.abstantia2 compliaace with the Saint Pau1 Comprehensive P3an and aay agpJicable subarea plans which were approved by the city council. . � This condition is not met. Policy 5.2.4 of the City's Land Use Plan says that "the City will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries between residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy aad as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There are no changes planned to the parking lot or driveways £or the center. c. The nse wi21 not be detrimental to the existing character or the development in the immediate neighborhood or endanger the *�ublic health, safety and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code ._.____._because.of_the_cgncern that_pawn shops would indeed be detrimental _ to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may be judged detrimental to the residential character of the immediate neighborhood. d. The use will not impede the normal and orderly development and ,,� improvement of the surrounding property for uses permitted ia the district. 99-i � �� Z. F. 99-207 Page 5 � In consideration oP current planning activiCies, this condition may � not be met. In recent years, the White Bear Avenue neighborhood has � become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White Bear Avenue Small Area P1an which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for � - proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the � � site of this proposal. _ _ _ _ e. The use sha12, ia a1Z other respects, confozm to the app2icable regulations of the district in which it is located. This condition is met. I. STAFF RECOMMENDATION: Based upon Findings 3, 4la), 4(c), and 4(d), staff recommends denial. �� SPECIAL CONDITION USE pERM[T APPLICATION Sain1 Pau1 Zoning Offue 1100 CitySaIIAnaer 25 West Fotvth Slreei Sain1 Par� MiYSSIOZ = 266-4589 .� ...—..,<�.�9..�/.1/..�. : �te� �f�!-�o7 � ��: �00, 0 O ` '��tt ,- £ �ew�..��ve, 'i'2 � (� APPCICANT Name -Pawn America Minnesota, LLC � Address •3935 Cedarview' Dr. - - City Eagan � gt,'MN ZA 55I22 . Daytime phone 65I-68 3-2094 of �nt} Pawn America Family I,imited Partr�rs: PROPERi'Y Address/Location_ 1546 : 'White Bear Ave., St. Pavl, NIl�7 55106 LOCATION Legal description: see attached ' ' Current Zoning B-z i>n�,.r, �a.,;,:,,...., -�--- 1 -- � i � TYPE OF PEFiMIT: Application is� �eby made under the provisions of Chapter 60 ,. V Se�tion 534 , Paragraph�; of the Zoning Code for a: Q Specia{ Condition Use Fermit p Modification of River Corridor Standards ❑ River Corridor Conditionaf Use Permit SUPPORTING INFORMATION: suppiy the in`ormation that is appiicabte to your type of permit {attach additionai sheets if necessary) , � • SPECIAL CONDtTION USE: 6cplain how the use wiI( meet each of the speciz! conditSons. • �tlVER CORRIDOft CONDtTfONAL USE: Describe how the use wili meet the appficab(e conditions. � iv10DIF1CATlON OF HIVER CORRIDOR STANDAR�S: Exptain why modifications are needed. Contact; gc tzi�nn 651-683-I094 See ��tached for �s"ditional infoana��ion , � App(icant's is �Date 2- Z �-��'" City agent 99—� � � c� LEGAL DESCRIPTION � Hayden Heights, VacAlleys Accruing and Fo3, Lot 42, Block 1. � � 99-it �t� �� PAWN AMERICA MINNESOTA,L.L.C. Pawn America Minnesota L.L.C. is the corporate entity which owns ten operating pawn stores in the state of Minnesota and is opening the eleventh in September and the twelfth in October. It's corporate offites are at 3935 Cedarview Drive, Eagan, Minnesota, 55122. The Chief Manager is Brad(ey Rixmann who has overseen the pawn stores since their inception in 1991. 'fhe locations include the following: Rochester, West St. Pauf, St. Paul, Burnsville, Hopkins, Roseville, Robbinsdale, Fridley, St.Cloud and Duluth. Except for the first two stores Pawn America has majored in secondhand retail goods with pawning being a second_ary service. The newer stores vary in size from 6,000 to 11,000 square feet and major emphasis is put on quality and used secondhand goods and a nice retail area. Pawn America's staff is weli trained and reports back to professional operations managers at the Eagan location. 'The current Pawn America stores are open for business on Monday through Friday 10:00 a.m. to 8 p.m., Saturday 10:a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 5 p.m. Pawn America has approximately 70 employees with the average newer store maintaining between seven and nine employees. The majority of these are full time. In reference to the 1500 White Bear Avenue focation, all business would be done in the enciosed area of the building. We understand the zoning to be Ba. The building exterior would be upgraded and the interior retail area enlarged. The normal retai{ area of a Pawn America store is from 3,000 to 4,000 square feet. � In reference to 64.3: Dl, We believe that the use coincides with the St. Paul Comprehensive Pian D2. 'The ingress and egress will be on the section facing White Bear Avenue and there is existing on-site parking. No change from-the previous use or entries is anticipated. D3. We believe that the use will enhance the neighborhood as the building is partialiy vacant. D4. The use wi{1 not impede the normai and orderly development and improvement of the surrounding property for uses perm+tted in the district. D5. The use wil( conform with the applicabie regulat+ans of the,disrict in which it is located. � We appreciate your consideration of our application. �� =�u� �s �9��- � �� " ' J : . �kkt OtT' R -1 • � . S CLE P��ttl . � Pky+H A*'lE1lItR - -►�NMc:��, uc IiVt-uutr�4�R/�{E. ^ : � � � s s •� � '�� . y `Sp N o "' J .: . � �� - ��a -- < � `� , � _ . m _ O° • � - � :K — _..__. ..- � . - . � � . - , 6 ' _ - o a'�y� . � ry . " P �l0 -'- - .�. _ � � _ _ - _ ._, °, � J -� - = _ _ _ _ "_ . _. ; J r . � w 1 ,K � V W S . j ' �� • � _ �}��.i .� -� � � ^' � � s �'�.'.�� J � .� ' 1 a� s� z � f �� < J 1 t � � �D H (*� T C iu t U .,,� a' 99-1�1� �� . c � ;_ �. . C � ''i • � e = a i = . �+ . _ �� . � . _ _""--------_.. . . —�--- _ _____ . _ � � I � �� . ----�-�--.._��_� ' P , � � a 7 � 3' S ! " 4 -�-- s - � 3� s � � 4 f�� t " � .f j.QL� �fu� ti� a � � < m Z c rn c� ; P 0 S � r x > � � 9 T dr-�ft1 tAsu+Fll�h� 4 A+RCE L] � D � ! � �__� �� ,; . o� O u � } � � �s : �� e � B ��'. 0�,, 6 : ,0 �� w o' � a ii � , o� � i �`' 9. M c �' �r v Y �� °,, � o � '' � ` ? G- �\ C � � � ,� - - .� �1 P.t.P,4 Ptqy �c�e w. r� 4 0.0 o� �� 99-�/i� t o FQET i MokrH - � Exa�s�r �-2 FLOOR Pt�+� ➢AwA AA��cA M�NyE3�'TA, LlC i541 wKt�e[�+.+��E. !3 �I �; I I � �'e�a4"� �.�i -� � uaL� atm srreas �r Fc� � Md�„� n � �+.�c } '1 �i `� � Nu�.ioi� f� �� ORrttJ�r .. avrna tlrY ma �M4iORl! 99-l�� LEONARD, STREET AND D£INARD - � PROFESStO\AL ASSOC3ATI0� July 23, 1999 Andre�v P. Lee 612-335-1881 ap11881 c�leonazd.com BY HAND City of Saint Paul Department ofPlanning & Economic Development 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 Attention: Mr. Larry Soderholm, Principal Planner , `i L I Re Special Condition Use Application for 1546 White Bear Avenue, Saint Paul, MN Dear Mr. Soderholm: As you know, we represent Pawn America Minnesota, LLC ("Applicant"). Enclosed are ApplicanYs new Special Condition Use Application and a check in the amount of $500 in connection with the proposed pawn shop at 1546 White Bear Avenue. We are concurrently submitting a Pawnbroker License Application to the Office of License, Inspections and Bnvironmental Protection. I am trazismittin� the enclosed Application directly to you due because of your familiarity with this location. As you previously requested, I am transmittin� a copy of these materials to Assistant City Attomey Peter Wamer. Tn your letter nf May 21, 1999, you indicated that "City staff interpret 'building wall' to mean either the exterior wall or, in a multi-tenant buildin�, an interior wall that is clearly designed to divide marketable commercial spaces." We generally concur with the City's interpretation that the interior wali is controlling, provided the wall legitimately separates the special condi#ion use from the residential use to #he extedt required by the Code (in this case, 150 feet). - _ Ij0 $OUTH FtETH $TAEET $VISF 2j00 hIiNNEAPOL25, ASI\NESOTA jSy02 TEL 6Z2-jjj-Sj00 FaX 612-jjj-16j7 LAW OFF1eE5 IN M[NNEAPOL[5, SAINT P.�VL AND MANRATO 99-��cv Mr. Larry Soderholm _ 7uly 22, 1999 i Pa�e 2 i� We do not understand or a,;ree �vith the sta£Fs position that the nature of the separatin� interior use is relevant, since the Code is merely separatin� one use from another. Nevertheless, we are submittin� this netiv Application, which provides that the separatin� space will be leased to a party other than the Applicant and will be used for commercial purposes that are permitted under the Zoning Code. We will provide you with whatever supporting materials that you need _ conceming this use. _ Since the new Appiication meets the City's separation requirement, and since we �vill stipulate that the separating space will (i) not be used by the Applicant, and (ii) will be used for commercial purposes other than a pawn shop and which are permitted under the Zoning Code, we presume that this will be acceptable. i � If you have any questions or comtnents, please call me at your eariiest convenience at (612) 335- 1881. Very truly yours, LEONARD, STREET AND DEINARD Professional Association '�Nl�� Andrew P. Lee cc: Mr. Bradley T{. Rixmann Peter Wamer, Esq. (400 Ramsey County Courthouse, Saint Paul, MN 55102, w/encls.) Timothy Welch, Esq. � � --- � � _ . =- - q9-I/�L January Stil TWT F 5 � ' 1 2 9 S 6 7 6 9 0 71 11 73 74 75 l6 17 78192027 22 23 ?;252627262930 37 March Apri! May June SMTWT F S SM7WT F S SMT'WT F 5 SMT WT F S 1 2 3 4 5 6 7 2 3 7 7 Z 3 4 5 7 8 9 10117213 4 5 6 7 8 9 10 2 3 4 5 6 7 8' 6 7 8 9 T07172 7475T677187920 17121374757617 9 707172131475 13747516771814 27212324252627 781920212223ZS 16l71879102122 20212223242i26 28293037 2526272B1930 23242526272829 272B2930 � 3031 �� July � August September October November December TW7 F 5 Shi T LVT F 5 SMTFVT F 5 Shl7LV7 F 5 Shf 74YT F 5 Sht 7VY7 F 5 7 2 1 2.? 4 S 6 7 7 2 3 4 7 2 - 7 3 3 4 5 6 1 2 3 4 6789 S 9t0 11 12 13 74 S 6789]071 3 456789 � 8 9]0717173 56T 8 4701t ?73i4757 77 t516T718192021 72737415761778 70171213147576 1415161718192-0 12731�5 15 7 6 17 75 J20 22 2� 22237425262728 79202122232425 77167920212123 2722232�f251627 192DZ1 22 23 24 25 >2�293037 293031 26�7282930 24252627282930 282930 26272d29303t � ( 31 AT; �� Cutoff Dates 3u1 b ]ul 20 Aug 3 P.u� 16 Au� 30 Sep ]4 S�p 23 Oct I1 Oct 22 Nov 5 City of Saint Paul Zoning Committee 1 Plannine Commission Schedulc for 19991tileetings 1�Iaitina Date Zonin� Committee Plannina Commission 3u122 AU,a, 5 Au� 13 Au� 5 �� Av, 19 Sep 1 Sep 16 Sep 30 - flcz�4 - — Oct 26 --� _ i�`ov S Nov 23 Aug 19 Sep 2 i� Sep Ib Sep 30 Oct 14 Oct 23 Nov 9` I�`ov 23` D�c 9 P.�g 27 Sep ]0 •. S.�p 24 Oct 8 Oct 22 Ncv 5 lTOV 19 D:c 3 Dec 17 � ° Tuesda}' hleetings " Rezoning Applications must be rzceived 7�vorking d>_ys prior to 2ny eut-ofi date. 99—I//!p � �� °� s Andrew Lee � � LEO\ARD, ST3tEET A�tiD DEStiARD Suite 2300, 150 S. Fifth Streeq O(inncapolis, MY 5540? (61?)335-I&8� �� MAIL TO: CITY OF SAINT PAUL Department of Plan¢ing & Economic Development 1100 City Hall Annex 25 �Vest Fourth Street Saint Paul, MN 55102 Attn: Mr. Larry Soderholm, Principal Planner �� 95-�� ;:�v ; BOARD OF 7pNING INDEY CARD I WHITE BEAR AVENUE Street Entire east side bet. Hoyt & Montana Location & Legal Applicant Council Lots 32-38 inc1. Block 1 & Use *CL ZF Action Fred Herring AM 1630 �'�140984 Hayden Heights Addition (Rezone to Commercial) W, 10' of Lots 30, 40, and a11 Fred & Florence Herring AM 2294 ?�154303 of Lots 31, 39, Block 1, Hayden (Rezone to Corrsnercial) Hgts. (prop, to the e. of above Lots 31-39 incl, and 1ot 40 exc.paster Entrprises P 2619 �r`160962 the E. 30' thereof and vacated alleys adjacent thereto W. '� of Lots 28, 29, 41, 42, 43, ayflower Dist. P 3032 Withdrawn 4/ E B1ock 1, Hayden Heights (parking lot) See £ile onald and Albert Ha£ne AM 6825 Granted (Rezone "A" to Comm'1.) �6245873 See file lbert and Donald Hafne P 6885 Granted (88-car cust. park.lot i�247192 See file Donald Hafner (bldg add )SP 1212 - ..�;�;h: ;,. . . . ^ *Key: A- A�endment pp _ Appeal_=�;P�:-�pe�it I Date 8/19/. 12( 9(_ 8/19f`_ 10/25/E 1/31/70 ! I �l� �� P�w z3 z� _��. �� -2 P'� - �- _ W!/�� Q � l�� ZZ 23 �Z� �� - ��,-��..�. L �� ' Gt.�... - � ' �3-29-22-23-0021-2 02 ST. PAUL * ACTIVE * 07/29/9 NAMES ---------------------------------------------------- FEE OWNER... 12/11/85 WILLIAM W& SUSAN LYNN ABEL 02/13/91 4840 NORMANDALE CT N STILLWATER MN 55D821248 PROP ADpR... 1546 WHITE BSAR AVE N ST. PALTL MN 551061602 - ----------------------------------------------------------------- ------ TAX DESCRIPTION — -------------- — --- ------------ PLAT..00452. HAYDEN HEIGHTS LOT SIZE........�...75,acg SQ F DESC........ VAC ALLEYS ACCRUING AND FOL 1.73 ACRP EX E 29 FT LOT 27 AND EX E TORRENS 29 FT LOT 43 AND ALL OF LOTS 28 THRU LOT �2 BLK 1 ----- — ----------------------------------------------------------------------- COMMENTS------ — ------------------------------------------- — - — -- ---------- NO COMMENTS -------------------------- — --------------------- — -------------------------- EVTER ANOTHER DiSPLAY CODE----> ,� i� . _ - qq-t� �� _ � . � . " � - � '.' 20:iI3iG CODE _ § �5 � �^ � Sec. 64.209. Permit, etc., time lixait. No order of t�e boud o; zoning appeals or the _ city council permitting the erection or alteration of a building or of,'=streef pa;l;ing fzcitity shall b>_ �alid for a period longer fhan one yeu, unless a buildino permit for such erection o* zlferation�is obtainedzvithin such pzriod a�d such erection o: alteratiDn is proceeding w the terms of such _ permit, unless the bozrd of zoning aopeals or the city council grants an extension not to exceed on_ year. Tn grznting such extension, the boazd cf zonino eppeals may decide to hold a public h��r- ing. (Code 1956, § 64.205; Ord. No. 1690i, 4-20-82) Division 2. Plazmino Conmi�sion 2nd YIuLr:i�; Administrator Sec. 6#.300. planning commission and plan- ning or 2oning administrator ap- pro� al. �� (a) App?tcetion to plcnr.ing con,.nission. Fi^.c person ha��ing an ox•ner= O.* leasehold interes! in land and/or bu�ldino (contineent included) is eligible to file an applicztion with the plannin; commission for: (1) Site plan approval; (2) A permit for a special condition use, d=- terminstion o3 sinilar use, nonconforr:- ing use, se casi�nce, river corrido* mc�- i5cation; o: (3) Other maEters provided for in this zo::�; code. All applications shall be filed on approp:;at= forms znd with reouisite fees. ,. Supp. No. 36 {b) Planning commission reuiecu; detegation t� adminislrc[or. The plznnina comr,.ission s'r.=_ll re�ieK• and approve or den}� site plzn;, permits cr other matters. The planning comciissioa shall have the autho:i!}' to inpo>e rez;o. able con�r tions �d limitation; on si:e p12ns z.�d permits; t� grant va,-i�nces from zoai reo la;ions relz,e� to site plzns and pzrmits, znd to nodify or revo�_e pernits. The plannin� co;,�nission nay, by ru?e, delegate to thz p1�-Lrin� cr zo�ine ed:;iinistra:r. its po�:•er to re�i=_w znd zoprove or deny s;c' 616.15 �� V�' (v) � g E. IOWA I l �..,.e �. °°° � �C 2 tw1 . P � 99-i�t�� : 35 36 37 38 ¢_39 40141 42 43 � 44 45 46 47 48 49 5p � e � - 3 ( � � � n�i „� �i ` �� ` AVE. ; ° i � � , L7 I I6 1 IS I 14 l!3 C 1 `� �� (stJ � � (cJ� Wia (m)j :»)� EJ �.6' v p, � ax` � (u9 (aq "' ' � ��r � sa.oaa :.�.>c... � (m`� (uliI�d,' P O1 L�l� Q 3 35 36 37("38 ;�39 V \\� i w 9 ;� 350� GO �� - . ..44� �-xY . -aav L. 1 I V�� --- — v° .�. -�An �e e � ' - ''' 33 34 35 36 37 29�28�Z7,�26 39 Y1>, I 4i ! 421 A3 � 44 � 45 I 46 � 47 � E. MONTANA IG 3v.s O 32 <rl _I ' 33 (ce; 31 30 29 �2b I7 26I � -lcci 11 (cFl ` zc (<zl (cil 35 �" � I hs? (.-.) (iil he) N; 36 (ip �(rs)��61 � 37 39 40 41 42 44 45 � L II a � � r.,s o t 38 �� E. 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' ., ~ I' � ; i � ^ r 1 1l � ' !- i ,� o�; s �� . °i — 53'�5�' S5�55�57�58��9;6D'�51�6> ' - j �" � � _ ! � _ � � � �.,e� ��} � ' � � � � "fwx) � >1 I _ -- .L . — - - � � 51 � 52 � �� , 99-i�i� 1 � i ;, i ; i . ` ;� '�- — c� � � ,— -- I - - � �---- HOYf I I I ' � � � ' � r� � I I � I '` ( i i � � I I � i � � � ! � J ! ,-� -_ -- � I a„::�'::�.�;, ii ;�>� �;>',fr I .?;'a. :� _'" c �" � =`�:��%p�', I � � ._��. � � I • I - -`-' -�;a � �,s�� i , , �, �� >: -,? ' _ MONTANA I I I � � � i � , I � — � � � � i � � I 4 I _ � _ �_ � � � � � _ _�� _ � NEBRAS}(A , � � , , ; � — ; � I � � j I � I I i , I ; I i � 4 � ' � � i � I � �� GP.Ef,TEP, EF,ST SID� f t A� DISTQICT 2 ;i , �co �eco r�n �coo ,cm :ccc S:.t� 1� fEE� �� ,.� 9 �z� � q9-iii� �� , � :� �1. C.V='� 3. E, 5. 6. 7. s. 9. _ 1Q. 11. 12. 13. 1=. 1 �. 16. 17. SL1i IRAY-BATTI.ECREEK-HIGH�VOOD HAZEL PARK �iAT)EN-PROSPERITY HIL,LCREST �VEST SIDE DAYTON'S BLUFF PAl'NE-PHAI,EN h'ORTH END THOMAS-bAI,B SUMMIT-Ur1IVEF2SITY 1'YEST SE VENT�I COMO _ _ . H.4MLTNE-MID�VAY ST. ANTHONY PARI: 1vfERRT.AM PARK-LEXPr'GTO�' I H.-.�SLr_:� TrLSCALESiER GROYELAh'7i HIGHL�vND SUMi�SIT IiTLL DOF,'NTO��(N ZUNING FlL� -2 � CITIZEN PARTTCIPATION PIFiNiv'NG AISTRICTS � � IO . v I �- � O I O 4 � � . � _ 1 O�V 'O C� i � �.. � _� - r-- - I ��000 � �? � � � � 000 T -r—rr� �, � , r� r ---, � �, ,,-T F,��ucr,,:r �At+.)`(� �M�t�fiCts.. 1 �� ' � + AeSO'�rtEC=�:� .. Pu� � r._.�._.._t � ._ _ ��5= t� /` � _ 20!li�y d:S: : C'7J �ddry `� � FI! E � �� / D=�TE � '�� iiiil subj'C: P �'i '�r,; �_- -- F'Lh3 D;ST_�,___ h!�p r� = a�e far- °+^ cc -- �rc-.�..� :� M1':D fz^ :: p .a... i, _- , � �J�o �- _Q mulfi�I� 13:; :ly V v2.�_ �__�_J �_ � � , 4 { � � ( o>n - '. ' ' I � `� Q` L— . 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Gt'7 GaZ t P�� a � � y � � 2 � � � � �. 2 � � 3� o �v `�� Q s � �� oa_r P� DEPARTMENTOFPLAN*R`G & ECONOMIC DEVELOP,�T7T Brain Sweeney; )nferim PED Director � �, �� - �19-/IIIQ � � CITY OF SAINT PAIJL 25 WutFoa,th S[�eee Telaphone: 612d66-6700 No�m Co(eman, dfaynr Sain[ Pauf, MNSSIQ2 Facsimile: 612-228-3220 May 21, 1999 ,� i Mr. Brad Rixman Pa�vn America Minnesota, L.L.C. 3935 Cedarview Drive Eagan, MN 55122 RE: Special Condition L3se Permit Application of 5/12/99 1546 White Bear Avenue Dear Mr. Risman: On May 12, 1999, tive received your revised application for a special condition use permit for a pa�i�n shop at 1546 White Beaz Avenue. I had returned your application of April 26, 1999, because it did not meet the I50-foot spacing requirement from a lot �i ith residential zoning. In your revised application you have attempted to meet the spacing requirement b}� showing an i�terior partition within the building which is 30 feet further from the residential zoning district. The 30 feet between the exterior �vall and the partition is designated on the floor plan as partly "vacant" and partly "common area". The Zonin� Code says the spacing measurement is to be taken from the buildinQ wali. City staff interpret "building �vall" to mean either the exterior �vall or, in a multi-tenant building, an interior wail that is clearly designedto diuide marketable commercial spaces. The_ne�� interior walls shown in your application of May 12 do not meet this test. The 3 D-foot area is at the rear of the building and has neither visibility from �Vhite Bear Avenue nor any doonvays designed for customer access. I have no evidence that the 30-foot space has ever been leased previously as a sepazate commercial tenancy. Tlierefore, I am aaain retuming your application and check for $500.00 becausz the location does not meet the standards of the Saint Paul Zoning Code with regard to separation from residzntially VPED'SYS?�SHARED�SODER£lOL�ZO�INUIPAW� iA�1ER.L72 99'-��1G Mr. Brad Rixman - � May 19, 1999 Page 2 - zoned property. - In addition, because Pawn America has sued the City of 5aint Paul over this matter, please direct any future questions in writing to Assistant City Attomey Peter �Vamer, Room 400 Ramsey County Court House, Saint Paul, MN 55102. Sincerely, " - - �Y�� Larry So erholm � Principal Planner - cc: Andrew Lee, Leonard, Street, and Dinard Peter Warner, Assistant City Attomey � Wendy Lane, Zoning Administrator, LIEP �� \�PED'SYS?'SHAREDISODERHOL�ZO`fING�PA0.'NAty¢RLP_ n nu�s,�e,��- � g-�-� -59 t O WA s�t-a�'f rcPa,+ �.�o � SrS 18.720 � �• _� �D�si-anc.e.. be�wceh r2ar bu�ldinr� Walf of� i�4 b W�,;�e. �ea r Avehu� a� � R`'� Z°n'ir�o� c� is`h�i c�- i�b K�'l tl.0. r� � 03 �{ ?i (so) �:; p.' �.r. ti7-z,o7 9cl-//I�p ��m0� I I o <.n, � 1 � ($�� C�� 02o Csz) o Gee7 Uo�; (icol (99) ( � .�� - G� 8 aa � _ p o' �103� �1041 49 48 oD _�G�� 59.a3o 1.3G x. � I (IOS� �� I� �,4L"� Lr � � 34 35 36 37 � .'�E m \� vi � � � I I rB4i � • oo _ ., �� _ GO . o ' � � .-.-E.�(_I G -' ' •.�r9.• ..4i.. . � ..�.,, _ — - I 35. 5 - - � � Reo.r Su�ld; �a�° � •�_:��`z_� .� o_ _ � ^ waR � y � R con�r.�dis��c�'° �� 33 � 1-�(-Bi` � bcw.d � ----�� { :s�; 2� 28 �( 1 26 � 2� 22 I21 2�p � 34 , � � N�",Y H (19} ��Q. �it) �IG� ��5� 35 ((ti� ;; `ro� rm � ' � i Zo o r'�' s� � - 3 6 � �� W (zz) (zgl Us7> (zs) (w) (u) (za) d : � " I 3 - 37 'b� 39 •'e� 41 4Z A4 45 46 47 4� 49 SO ,---� H� _: I f - - - � � � � i . � 3S ,�� o ,s�r � � a �o ' � F. mo �v TA{�A � � �i . yg-�� ,. v a LEASE AGREEMENT Pawn America Minnesota, L.L.C., a Minnesota limited liability company as Tenant AND � Greenfiefd Voeht Hafner Center, Limited Liabitity Company, as Landlord NaiE : lEaxep ti.F � cuwFal:{ TD z�i'� �L�`H ATTIIPC.L�Qi 7y' ' kP►�,��,�ftoa� lt1 CYk�Rt7S A=l Rk0 A�� — 1 FOR RETAIL PREMlSES IN THE: Hafner Center 1500 White BearAvenue St. Paul, Minnesota :�- � � � tssar� os }AIn,IA1�Cw :.�FRd1i:•I.EOS�AhD STfl�i", �`ID DEItid;D � ARTfCLE I Definitions and Term Sectian 1_ Deflnitions. 99-i//� (i9eD) &. ;' 98 t3:12/Si. 13:1C/iiG. �'.2e10�'.029; P 5 LEASE THIS LEASE is made this day of .1� Au ust, '1998, by and between Greenfieid Voetrl t-lafner Centar, L'tmited Liability Campany ("Landlotd") and Pawn America Minnssota. L.L.C., a Minnesota limited liabitity cnmpany {°Tenanf"). Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (fhe °Premises"). The Premises are situated at 'I500 White Bear Avenue, Sf. Paul, Minnesota, in a shopping center (the "Shopping Cente�') commonly known as Hafner CenTer. Section 1.1 Landlord. "Landlord" has used in this tease shall mean: Greenfield Voehl Hafner Center, Limited Li�bility Company, or ifs assigns. Section 'f.2 Tenant "Tenant" as used in tiiis lease shall mean: . Pawn � America Minnesota, L.L.C., a Minnesota limited liability company, or its assignee or subtenants. Section'1.3 TenanYs Trade Name_ "Ttade Name" as used in connection with Tenant herein shaii be Pawn AmericaTM. � . Section 1.4 Shopping Center. "Shopping Cente�' as used herein shall mean the Shopping Center in which the Premises are located, and shall include all land and structures therein, and shali further include all adjacent sidewalks, parking, signs or public areas for which Landlord has some �esponsibi('rty for maintenance, snowplowing or other activiiy which resuits in expense to the Landlord. Landiord covenants thx�t there wili at all times be a minimum of four (4) reserved stalis for Tenant's employees and customers dirediy in front of the Prernises, and thaf the rest of the parking in the Common Area Yvill be available to TenanYs customers on a non-exdusive basis. Ssction 't_5 Premis�s_ "Premises" as used herein shall refer fo (a) Location 1550 co7ifaining a{otal af 5,200 square feet of gross leaseable area as cross hatched on Exhibit R, and (b) the space, which contains 2,1Q0 square feet of leaseable area as cross hatched on Exhibit A, but which wiil be stipulated to be 1,750 square feet for purposes of this Lease (the "Contingent Space"). � 5ection �.6 Gross Leaseabfe Area. "Gross Leaseable Area" as used in this lease shall refer fo the area designations as shown on Exhi6it A. I6S:192.a6 9S-�i�� Section 1.7 Rent. °Rent" as used herein shaii inc(ude Minimum Renf � and Additional Rent as defined herein. ;� in addifion, Tenant shall pay each monfh during the Lease Term the Landlord's actual cost of relocating the tenanfs currently occupying the Contingent Space, amortized over 180 months, provided that Tenant's mnnthly payments to Landlord for relocation wiil not cumulatively exceed $10,000. For example, if Landlord's relocztion costs were $8,000, then TenanYs monthly payment would be $44.44 per montn [8,000/180j. Further, if Tenant exercises its option to terminate the Lease under Article XX, Section 2, then the balance of the monfhly relocation payments would be immediafely due and payabie. For example, if Tenant terminated the lease at the end of the sixth year, and the Landlord's relocation costs were $8,000; tfisn 'fenant would owe a relocation payment of $4,800 [7a81180 x 8,000]. Secti� 1.9 Additional Rent. "Additional Renf" as used herein is the amount of increase in excess of three percent (3%) per Lease Year in the foilowing costs, over and above the amount of such costs in the first complete Lease Year commencing on January 1 and ending on December 3�: � ' a. Taxes as defined in Article iil. ts�sr_os 2 Paw.vm�.�u Section 1.8 Minimum Rent. °Minimum Rent° shall be the amount to be paid in accord with Article II over the Lease Term as follows: - 9q-i�� b. Common Area Costs as defined in Article 1V. � c. Utility cosfs as provide din Article VI. d. Insurance Premiums as provided in Articie X. Section 1.10 Permifted Use. °Permitted Use" as used herein shalf mean the following and no other use: pawn store, secondhand goods store, video and compacf disc sales (new and used), sale of elecfronics, computers and musical equipment (new and used), and all other lawful retaif uses, provided fhat Tenant may not use the Premises for sale of any product or seivice not specifically lisfed above for which Landlord has previously granted an exciusive use or right to another tenant. Section 1.11 Commencement Date. °Commencement Date" as used herein shall refer to the daie first above written. Section 1.12 Rent Commencement Date. "Rent Commencement Date° as used herein shall mean the earlier of (i) thirty (30) days after Landlord delivers the Premises to Tenant and the last of the contingencies under Article 10 below is compieted or waived by the party benefiting from the contingency, or (ii) the date the Tenant opens for business to the public. � , Section 1.13 Termination Date. "Termination Date" as used herein � shall mean the {ast day of the final month of the Lease Term. Section 1.14 Landiord's Work. "Landlord's Work" as used herein shall mean that portion of the construction acfivity necessary to accomplish the Standare� Tenant Improvement Schedule. Section 1.15 Tenant's Work. "Tenant's Work" as used herein shall mean the construction and finishing work. Section 2. Term. This lease shall be in efFect from the Commencement Date until 11:59 p.m. on the Termination Date. The Terminafion Date shall be July 31, 2013. Rent will commence on the Rent Commencement Date. The period from the Commencement Date through the Termination Dafe is referred to herein as the °Lease , __ Term°. - Section 3. ==PossessPon. Landlord shall have no obligation to de(iver possession of the Premises to Tenant until Landlord's Work is complete and Landlord's contingencies are completed or waived. Tenanf shall be entitled to possession of the Premises on and after such date; provided that Landford shall be entitled to enter onto ti;= Premises on and affer such date for the purpose of completing Landlord's Work, if any Landiorc!'s work remains to be completed, and as otherwise provided in this Lease. ,� ie.r_ar_.os c rwwxAS�.�c+ � 9q��ii�a Section 4. Lease Year. °Lease Yea�' shall mean a period of twelve (12) � consecufive ca(endar months commencing on January 1 and ending on December 31. The first Lease Year shall be that portion of fhe Calendar Year fol(owing the Rent Commencemenf Date. The Final Lease Year shall be the Lease Year commencing on January 1 of the year of the Termination Date and ending on the Termination Date, nofwifhsfanding the facf thaf such period may be less than twelve (12) months. Section 5. Rentais Payable. Tenanf shall pay to Landlord fhe following categories of charges as cent {co{{ectively, "Rent") for the Premises: a_ Minimum Rent; b. Additional Rent; All such amounts shall be due and payable on the first day of each month at Landiord's address as set forth herein or such other acldress as Landlord shall notify Tenant in writing. Section 6. interest and Late Charge. Aii Renf and any other sums payable hereunder by Tenant which are not paid within ten (10) days after written notice thaf such sums are due shall bear interest from the dafe due to the date paid at the rate of 18% per annum or the highest rafe permitted by law, whichever"is less. in addition to the above, Tenant shall pay Landlord a$100.00 service charge with respect to any � �instaffinent of Rent payments not paid by the tenth {90th) day afiter written no#ice that such instaliment is due and payable. Said $100.00 charge is a service charge to paRially cover extra expense invo{ved in handiing definquent payments. Tenant will be charged a$25.00 service charge for any check wriften to Landiord that is returned by its financial institution for nonpayment or insufticient funds. ARTICLE (I Minimum Rent Minimum Rent shall be due � and payable by Tenant without prior demand therefor in monthiy installments on the firsf day of each month, at the ofrice of Landlord or at such other p(ace designated by Landlord. Minimum Rent shall be due and payable in the amoT�nt sef forth in Article 1 herein. Minimum Rent for the first full calendar month of the Lease Term following the Rent Commencement Date shali be paid on the Renf Commencement Date. � tss_sszos � e��.�,�.� (� 94-i�i� ARTiCLE (11 - � Taxes Landlord shali pay Tenant's share of Real Estate Taxes as specified in fhis - Article ill, Tenanf shall pay ifs share of the amount of the increase in Real Estate Taxes in excess of three percent (3°/oj per Lease Year, over a�d above the amount of Taxes in the firsf complete Lease Year commencing on January 1 and ending on December 31. Tenant's sfi�are of such increases in Real Estate Taxes shail be calcu(ated by dividing fhe g�oss leaseable square footage of tfie Premises (including the Confingent Space, if leased by Tenant) by the totai gross leaseabie foofage of the Shopping Center. The term "real estate taxes" shall mean all taxes and assessments (speciai or otherwise) levied or assessed against the Shopping Center (land, buildings, and improvements), and other taxes arising out of the use and/or occupancy of the Premises imposed by Sfate, County or Local govemmental authorify or any other taxing authority having jurisdiction over the Shopping Center (inciuding expenses directly incurred by Landlord in contesting the validity of, in seeking a reduction in, or in seeking to prevent an increase in any such ta�c(es) or assessment(s), but shall exclude franchise, capital stock, estate or inheritance taxes Qersona( in nature to Landlord). Any reductions in real estate taxes resulting from Landlord's coritest of the real estate ta�es shall be rebated to Tenant based on the Lease Year for which such reduction '� was received. All assessments sha(1 be inciuded in rea{ estate taxes as if financed over the longest period allowed by fhe assessing authorify. As close as passible to the beginning of each Lease Year Landlord shall estimate Reai Estate Taxes referred fo in fhis Article and notify Tenant of the estimate of Real Estate Taxes and any amount of increase that may be paid by Tenant. ARTICLE IV Common Areas Section 1. . Common Areas. The tecm. °Common Areas" shal! mean all that portion of fhe Shopping Genfer excepting only_that area whic}i�is constructed for lease to tenants or hereaftec leased to tenants. The Common Areas inciude a minimum of twenty-one (21) paFf�ing stalis in front of the Premises. Section 2. Nonexclusive Use; Easement Agreements. Landlord grants to Tenant, its employees, customers and invitees, the nonexclusive right (except �rrith respect to Tenant's exclusive parking rights which shall be exclusive to l"enant and its customers} cluring the Lease Term to use the Common Areas from time to time � constructed, such use tD be in common with Landlord and all tenants o` Landlord, its tur_ss� o> 5 e�wd,as�cw 9'9-��i�o and their employees, customers and invitees. Tenant shall not at any time interfere � with the rights of Landlord and ofher tenants, its and their employees, customers and invitees, to use any parf of the Common Areas. Section 3. Maintenance and Operation. Landlord agrees fo operate and maintain all Common Areas. The manner and cost of such management, operation and maintenance shall be at the sole discretion of Landiord. Landlord discretion shall be reasonabie. Landlord sMall have the right to adopt and promulgate reasonable, nondiscriminatory rules and regulations which do not inferfere with the ability of Tenant to carry on its business as presentiy contempletsd, including the right to designate parking areas for the tise of employees of tenants of the Premises and.to restrict such employees from parking areas designated exciusively for customers (except for the four (4) parking sfalis provided for the exclusive use of Tenant's employees). Upon reasonable request by Landlord, Tenant shall furnish a complete list of the names of Tenant's empioyees ai the Premises who have automobiles and the license number of all motor vehicles operated by Tenant. Landlord shall have the right fo use portions of the Common Areas for fhe purpose of display, promofions, programs, games or other use which may be of interest to all or part of the generai public, so long as such use does not interfere with the ability of Tenant to serve its customers. Landlord shall have the right to close portions of the Common Areas from time to time for repairs, to preven4 public rights from accruing therein and for any other legitimate purpose. � �_ �sction 4. Common Area Costs. Common Area Costs shall include all expenditures by Landlord for managing (with management fees not to exceed five percent (5%) of gross rents received by Landlord), repairing, insuring (with respect to both the Common Areas and Common Area maintenance employees), operafing, securing, traffic regulating, lighting, cleaning, snow removai, trash and garbage storage and removal, line painting and maintenance, including such replacement of paving, curbs, sidewa{ks, landscaping, drainage, lighting, roof maintenance, and the cost ofi repairing and repiacing equipment used by Landford in fhe perormance of its maintenance obligation, in monthiy payments due and payable with the .monthly paymerts of Minimum Rent. Common Area Costs shall not include the following: leasing comt�issions and costs of marketing; the cost of constructing leasehold improvements; payments of principal and interest on any mortgages, contracfs for deed or other encumbrances upon the Shopping Center, depreciation of the capital cosf of the Shopping Center except as provided above; #he cnst of any items for which Landlord is directly reimbursed by insurance proceeds, condemnation awards, a tenant of the Shopping Center or the like; costs associated with the operation of the business of the entity which constitufes Landiord;swhich costs are not directly refafed to maintaining or operating the Shopping Center (by way of exampie, the formafion o` the entity, internai accounting and legal matters, including but not limifed to preparation of tax returns and financiai sfatements and gathering of data therefor, costs of defending any lawsuits related to maintaining or operating the Shopping Center; costs of any disputes between Landlord and its employees); any expense representing zn amount paid for products or services (other than � overali property managemer�t) to a person or entity relating to or afrilia'ed with Landlord iey_sr �< g P�M'N.b�:[� 99-/�It� which is in excess of the fair market value of such services and products; fees incurred in � disputes with tenants; costs of remediation of hazardous maferials, exciuding law(ul use and disposition of reasonable quantifies of supplies used in the ordinary course of operafion and maintenance of iike shopping centers; costs of compliance with the Americans with Disabilities Acf; or the cosf of any items of repair or replacement which are capifalized for Federal income taxes by the Landlord, except that such capitalized items may be included as a Common Area Cost prorated each Lease Year over their expected useful (ife. Tenant's share of such Common Area costs shall be computed and paid in the same manner as provided with respect to taxes in Articfe 114 above, substitufing the amount of operating costs for the amount of Real Estafe Taxes for the purpose of making such computation. - - Section 5. Capital Improvements. For the purpose of this Lease the costs set forth in Section 4 of this Article VI shall .be deemed to inc(ude costs of capital improvements made to the Shopping Center subsequent to the Commencement Date (i) which wili improve the operating efficiency of the Shopping Center, or reduce its operating expenses; or which (ii) have been made in order to comply with safety or other requirements of any federai, state or local law or govemmental regulation. Such costs, with inferest at the rate of twelve percent (12°/a) per annum or the highest rate permitted by law, whichever is less, shall be amortized over the expected usefui life of the improvement. In the evant fhat such expenditures are less fhan twenty-five cents ($,25) per square foot of the Shopping Center, Landford may choose to treat them as an operafing expense rather than amortize them. Capital improvements shail be !,� �capped at $.25 per square foot of the Premises annuaily. ARTICLE V Use Section 1. Permitted Use. The Premises may be used only for the permitted use ("Permitted Use") set forth in Article I attached hereto, subject to the provisions of Section 2 of this Article, and for no other purpose without the written consent of Landlord. Tenanf shall promptiy compiy with ail laws, ordinances and regulations affecting the Premises or TenanYs business the�ein, plus insurance compa�y requirements affecting the cleanliness, safety, use and.accupation of #he Premises. Section 2. Covenants of Tenant. Tenant sha(1 not, without Landlord's prior written consent, conduct a fire, close-out or bankruptcy sale in or about the Premises, or any "sidewalk sales" or other display or sale of inerchandise outside of the interior of the Premises. Tenant shall not obstruct the Common Areas or use the same for business or display purposes; nor abuse walis, ceilings, partitions, floors, wood, stone or iron work; nor use piumbing for any purpose other than that fior which constructed; nor make or" permit any objectionable noise or odor to emit from the Premises; nor � create, maintain or permit a nuisance thereon; nor, without Landlord's prior written 16Y:89'_03 7 PAaNxs@s[G �9-I! /4� - consent, place nor permit any radio or television antenna, loud speaker or sound � amplifier, or any phonograph or other devices similar to any of the foregoing outside of the building or at any place where the same may be seen or heard outside of the building; nor where loading and delivery services are provided, use or permif to be used ofher entrances for delivery or pick-up of inerchandise or supplies to or from the Premises, or permit trucks or ofher delivery vehicles while being used for any such purpose to be parked at any place within the Shopping Center except such facilities as are specifically provided for such purpose. Tenant shall nof permit any blinking or flashing (ighf to emit from the Premises. Tenant shall keep the Premises and service corridor areas allowed for fhe use of Tenant clean and free from rubbish and dirt at a{{ times. Tenant shail regularly deposif all trash and garbage in receptacles designated by Landlord. Tenant shall riot burn any trash or garbage at any time in or about the Shopping Cenfer. Section 3. [Intentionatly Deleted] Section 4. [Intentionaily De(etedJ ARTICLE VI Utilities ' � �� Section 1. Payment fo� Utifities. Tenant sha!! pay for al4 heating, air conditioning, elecfricity, gas, water and sewer charges used in the Premises. if Landiord elects to supply said ufilities to the Premises, Tenan# shall use only utilities supplied by Landlord in the Premises and shatl pay for all utilities so supplied by Landlord at rates no greater than if supplied directly by-�tie public utilities which would othervvise serve the Premises. Tenant shall pay for such utility charges by paying its stiare of such charges as determined by Landlord, provided that the Tenant may require that the Premises be separately metered or submetered at the Landlord's cost. In fhe event such ufilities are supplied by Landiord, Tenant's share shali be payable as Additional Rent with its Monfhly Minimum Rent payment based on actual billings and TenanYs share thereof. Notwithstanding anything to the contrary contained in this Lease, Tenant shall pay atl charges for utilities suppiied to the Premises commencing on the date on which Landlord delivers �ossession of the Premises to Tenant with all confingencies remoVed. _ Section 2. =tnterruption of Service. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by any other suppiier of any utilify or other service to the Premises shail be inferrupfed or impaired by fire, repairs, accident or by any cause beyond Landlord's reasonable control. ,� l6a`!34205 �-'� PAw,vASo-xCa 9� -�l/t� t� {� ARTICLE VI! Re airs Section 1. Landiord's Maintenance Obfigations, Landlord shall keep all - common areas, fhe foundations, exterior waf(s (except pfate glass or glass or ofher special breakable maferiafs used in structurai portions),. and roof of the Shopping Center and Premises in good repair, and if necessary or required by proper governmental aufhority, make modifications or repiacemenfs thereof, excepf that Landlord shali not be required to make any such repairs, modifications or replacemenfs which become necessary or desirable by reason_of the illegal acts or willfuJ misconduct of Tenant, its agents, or employees, which ai(ow Landlord's insurer to deny coverage Section 2. TenanPs Maintenance pbligations. Except as provided in Section 1 of this Article, tandlord shali not be obligated to make repairs, repiacemenfs or improvements of any kind upon the Premises. 7enant shali at ali times keep the Premises and any equipment, facilities and fixtures, including entrance doors, heating, cooling, plumbing, elecfrical and mechanical fixtures therein contained, in good order, condition and repair, and in a clean, sanitary and safe condition and in accordance with ali applicable laws, ordinances and regulations of any governmentai authority having jurisdiction. Tenant shali permit no waste, damage or injury to the Premises. .Tenant's obligation to pay for the cost of HVAC repairs shaii be capped at�$500 per Lease Year. All additionai costs for repair ofi the HVAG �ystem will be paid by the Landlord. Section 3. TenanYs Obligations Regarding Plate Glass. Tenant shail forthwith at its own cost and expense replace with gfass of fhe same quality any cracked or broken glass, inciuding plate glass or giass or ofher special breakable materiais used in structural portions, and any inferior and exterior windows and doors in the Premises. ART6CLE VII! Instaltations. Alterations and Siqns �'� Section 9. TenanYs Work. On and after the date on which Landlord delivers possession of the Premises #o Tenant with all contingencies completed or waived, Tenant shall enter �he Premises for the purpose of perForming TenanYs fixturing and other Tenant impro`vemenfs to�the Premises (°Tenant's Work"). Section 2. Maintenance of Interior by Tenant. Tenanf, at its own expense, shali maintain its store fixtures, fioor covering, interior painting and dscorating. Section 3. Signage. Tenant shall not erect or install any signs, advertising media or displays of any kind or make changes fa exterior of the Premises which may isr_sszn3 � PwwNAy�%[G 99-i i�t� be seen from the outside of the Premises withouf Landlord's prior written consent, �� which wilf not be unreasonabiy withheld. Notwithstanding fhe previous sentence, Landlord hereby consents to the signage depicfed on Exhibit B hereto, and to the placement of TenanYs signage on the pyfon sign located in front of the Premises at the Shopping Cenfer. Tenant's pylon signage will be at least forty (40) inches by eleven (11) feet. Landlord wil( make a reasonable effort to obtain the consent of the tenants relocating from the Contingent Space to move their signage to the existing "For Pef's Sake" pylon sign. Tenant will have fhe right to piace the signage depicted on Exhibit B on the exterior of the Premises in the same size as Landlord's currenf fenants. Section 4. Alterations by Tenant Tenant sfiail not make any repairs, alferations or additions to #he Premises with a cost in excess of $25,000, or make any contract therefor without first procuring Landlord's written consent. Tenanf shall fumish such indemnification against liens and other ciaims as Landlord may reasonably require. landiord may condition its consent on such indemnification being furnished by Tenant. All afterations, additions, improvements and fixtures, other than trade fixtures, which may be made or instal{ed by either of the parties thereto upon the premises and which in any manner are attached to the floors, walls or ceiling, which are not removed by Tenant or its lender, shall become the property of Landlord at the termination of this lease and shall remain upon and be surrendered with the premises as a part thereof, without damage or injury, normal wear, tear and casualty excepted. All fixtures installed by Tenant shall be new or completely reconditioned. Tenant shall have fhe � right fo place two (2) antennas and one (1) satellit� �ii�� on the roof of the shopping Center. � Section 5. Liens. Tenant shail promptiy pay all contractors and materialmen, so as to eliminate the possibility of a lien attaching to the Premises, and should any lien be made or filed, Terrant shall bond against or discharge the same wifhin thirty (30) days after written request by Landlord. Nothing in this Lease shali be construed as a consent on the part of Landlord to subject Landlord's estate in the Premises to any lien or liability under fhe laws of the State of Minnesofa. ARTICLE tX fndemnitv Section 1. Indemnification. Except for fiabi{ities arising from Landford's intentional conducfl`"or from an act or occurrence for which Landlord's negiigence and wiliful misconduct was the cause in fact, Tenant shall indemnify and save tandford harmiess against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising from the canduct ar manzgement of fhe business conducted by Tenant in the Premises or from any breach or default on •fhe :� part of Tenant in the performance of any covenant or agreement on the part af Tenan� to be performed pursuant to the terms of this Lease, or from any act or negligence or 168'_Y7:05 10 Pad+.v�sx 99-�i�t� Tenant, its agenfs, contractors, servants, employees, customers, sublessees, t� concessionaires or licensees, in or abouf the Shopping Center or the Premises, to the ` extent the Landlord's loss or damage is not covered under a policy of insurance owned by Landford or Tenanf. In the case of any action or proceeding brought against Landlord by reason of any such ciaim, upon notice from Landlord, Tenanf covenants to - defend such acfion or proceeding with counsel reasonabiy satisfactory to Landlord. Section 2. Waiver of Subrogation. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agenfs, servants and _ employees for loss or cJamage to, or destruction of, fhe buildings and other improvements situated on the premises resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any of said persons or otherwise. Likewise, Tenant hereby waives and releases..all ciaims, liabilities and causes of action against Landlord and its agents, servants arid empioyees for I�ss or damage to, or destruction of, any of the improvements, fixtures, equipment, supplies, merchandise and other property, whether that of Tenant or of others in, upon or about tfie Premises or the Shopping Center resulting from fire, or perils covered under standard extended coverage insurance policies, whether caused by the negligence of any said persons or otherwise. The foregoing mutual waivers are given in consideration of each other, and the termination or suspension of one shall, with like effect, terminate or suspend the other. �.� ARTICLE X Insurance Section 1. Increased tnsurance Premiums. Tenant shall nof carry any stock of goods or do anything in or about the Premises which shall in any way tend to increase insurance rates on the Premises or the Shopping Center. Should insurance rates on the Premises or the Shopping Center be increased by any act of Tenant, Tenant shall pay as Additional Rent the entire amount of such inci Section 2. TenanYs Insurance. Tenant agrees to procure and maintain a poficy or policies of liability insurance at its own cost and expense insuring Landlord, Tenant and Landlord's mortgagee (if so required by said mortgagee) from ail claims, demands or actions for property damage, personal injury or death susfained by one or more persons as a result of any one occurrence in the amount of One Million Dollars ($1,000,000) (com6ined single limit personal injury and property damage), made by or on behalf of any person or persons, firm or corporation arising from, related to or connected with, the conduct and operafion of Tenant's business in the Premises. Said insurance shali not be subject to canceilation except after at least thirty (30) days' prior written notice to Landlord, and duly executed certificate or certificates for the policies, together with satisfactory evidence of the payment of premium thereon, shall be � deposited with Landlord at the commencement of the Lease Term and, upon any l68'_39'_OS 11 PAwt+Aaax:u ' 99—��ic� renewal of said insurance, not less tfian thirty (30) days prior to the expiration of the � period of sucfi coverage. if Tenanf fails fo comply with such requirement, Landlord may obtain such insurance and keep the same in effect, and Tenant shall pay Landlord the cost thereof upon demand as Addifional Rent. Section 3. Landiord's Insurance. Landlord shall procure fire and exfended coverage in the amount of replacement value and other reasonably necessary insurance on fhe Shopping Center. The cost of such insurance shall be included among the Common Area expenditures contemplafed in Article VI hereof. Section 4. TenanYs Insurance on improvements. Tenant shall mainfain, at_ - its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended coverage insurance in an amount adequate to cover the cost of replacement of all improvements in the Premises in fhe event of a loss, in companies and in a form acceptable to Landlord. The insurance which the Tenant agrees to carry in this section shafi insure the full insurable value of the improvements installed and paid for by Tenant in the Premises. Upon request therefor by Landlord, Tenant will deposit a certificate evidencing such policywith Landiord. Section 5. Nazardous Waste. If TenanPs business shail manufacture, handle, transport, store, dispose or use in any way, any substance or material classified as hazardous by the Comprehensive Envi�onmental Response Compensation and Liabilify Act of 1980 (C.E.R.C.L.A.), the Minnesota Enyironmentai �� Response and Liability Act of 1983 (M.E.R.L.A.), the Clean Air Act, the Soli�i Waste Disposal Act or the Federal Water Pollufion Control Act or any other statutory or regulatory provision, other than small amounts of cleaning and janiforial supplies, then Tenant shail carry adequate insurance to cover any and all expenses associated wifh the ciean up of any spi(i, leak, pumpi�g, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing of any of these materials. Tenant further agrees to indemnify, defend and hold harmless Landlord from any suit or claim as a direct resu(t of Tenant's acfions. ARTICLE XI Fire or Other Casualtv Section 1. Landiord's Obligation to Repair. If the Premises shall be damaged by fire, tfire elemenfs, accident or other casualty (any of such causes being referred to herein as a"Casualt�'), but the Premises shall not be thereby rendered wholly or partially untenanfable, Landlord shall promptly cause the damage to be repaired and there shail be no abafemsnt of Rent. if, as the result of Casualty, the Premises shall be rendered wholly or partially untenantable, then, subject to the provisions of Section 2 of this Articie, Landiord shail cause such damage to be repaired !� and, Minimum Rent shall be abated proportionately as to the portion of the Premises �6�r� o> 12 e.�.�,�:�. 99-1l1� rendered untenanfabie during the period of such unfenantabilify. Ail such repairs shail ( be made at the expense of Landlord, subjecf to TenanYs responsibilities set forth � herein. Landiord shail not be liable for any interruption of Tenant's business or for damage to or replacement or repair of Tenanf's personaf property (including, without limifation, inventory, trade fixtures, floor coverings, fumifure and ofher property removable by Tenant under. the provisions ofi this Lease) or to any leasehold improvements installed in the Premises, all of which damage, replacement or repair sha(I be unde�taken and completed by Tenant promptfy. Section 2. Landlord's Option to Terminate. lf the Premises are: (i) rendered wholiy untenantabie, or (ii) damaged as a result of any cause which is not covered by insurance required to be carried by Landiord by the terms hereof, or (iii) damaged or destroyed in whole or in part during the lasf two (2) Lease Years, or (iv) if the building in which the Premises are located is damaged to the extenf of fifty percent (50%) or more ofi Landiord's gross leaseable area, then, in any such event, either Landlord or Tenant may elect to terminate this Lease by giving nofice to the other of such eleetion within one hundred twenty (120) days afFer the occurrence of such event. If such notice is given, the rights and obiigations of the Parties shall cease as of the date of such notice, and Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusfed as of the date of the casualty. Section 3. Extent of Reconstruction. Landlord's obligation to repair or ' re6uiid pursuant to this Article shall be limited to a basic building and the replacement � of any interior work which may have originally been installed at Landlord's cost to the e�ent of +nsurance proceeds availab{e to tandlord for such purpose. 1n no event in the case of any such destruction shall Landlord be required to repair or repiace TenanYs stock in trade, feasehold improvements, fixfures, furniture, furnishings or floor coverings and equipment instailed and paid for by Tenant. Tenant covenants to make such repairs and replacements. Section 4. Demolition of Landlord's Building. If the Premises is so substantially damaged ihat it is reasonably necessary, in Landlord's judgment, fo demolish it for the purpose of reconstruction, Landiord may demolish the same, ii� which event Annual Minimum Rent shaN be abated to the same extent as ifi the Premises were rendered untenantable by a Casualty. Section 5. lnsurance Procseds. -=!t Landlord does not elect to terminate this Lease pursuant to 2 of this Articie, Landlord shalf, subject to the rights of any mortgagee, disburse and appiy any insurance proceeds received by Landlord to the restoration and rebuilding of Landlord's building in accordance with Section 1 hereof. All insurance proceeds payable with respect to the Premises (exciuding proceeds payable to Tenant with respect to Tenant's property and any insurance proceeds paid with respect to insurance policies purchased by Tenant) shall belong to and shali be ; � payable to Landlord. tsr_sr_os 13 ewwv�tcw #� ARTIGLE X(t Eminent Domain 99-��t�o Section 1. Effect of Taking. If the whole or any part of the Premises shall be taken under the power of eminent domain, this Lease shall terminate as to the part so taken on the date Tenant is required to yield possession thereof fo the condemning authority. Land{ord shaii make such repairs and alterations as may be necessary in order to restore fhe part not taken to useful condition and ali Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be reduced in the same proportion as the portion of the gross leaseable area of the Premises so taken bears to the total gross leaseable area of the Premises. if the aforementioned taking renders the remainder of Premises unsuitabie for the Permitted Use in the sole opinion of Tenant, either parEy may terminate this Lease as of the date when Tenant is required to yield possession by giving notice to that effeci within thirty (30) days after such date. If ten percent (10%) or more of the total gross leaseable area in the Shopping Center is taken, or if by reason of a taking the number of parking spaces in the Shopping Center is reduced by more than fen percent � (10%), and if Landford does not deem it reasonably necessary to replace such parking spaces with other parking spaces within the Shopping Center, either party may elecf to terminate this Lease as of the date on which possession thereof is required to be yieided to ihe condem�ing authority,.by giving.notice of such electio� within ninety (90) days after such date. If any notice of termination is given pursuant to this Section, this Lease and the rights and obligations of the parfies hereunder shall cease as of the date such notice is deiivered and Rent (other ihan any Additional Rent due Landlord by reason of Tenant's failure to perForm any of its obligations hereunder) shall be adjusfed as of the date ofi such termination. Section 2. Condemnation Awards. Afl com¢ensation awarded for any taking of the Premises or the Shopping_ Center or any interest in either shall belong to and be the property of Landlord, Tenant hereby assigning fo Landlord all rights with respect thereto; provided, however, nothing contained herein shall prevent Tenant from applying for reimbr.irsement from fhe condemning authority (if permitted by law) for moving expenses, or the expense of removal ofi ?enant's trade fixtures, or loss of Tenanf's business goodwiil. Notwithstanding fhe other provisions of fhis paragraph, if Landlord receives a condemnation award after the efeventh year of the Lease �term, Landiord will reimburse 7enant for its cost of tenant improvements to the Premises. � I6F_Y4:.0> 14 PnwelA.�e�ew ARTICLE Xlfl �� Assiqnment and SubletEinq 9y—i�ic� Section 1. Assignment and Subletting - Landlord's Consent Requir�d. Tenant shall not assign or in any manner transfer this Lease or any interest fherein, nor sublet the Premises or any part or parts thereof, nor permif occupancy of the Premises by anyone wifhout fhe prior written consenf "af Landlord provided that Tenant may assign the Lease to any entity fhaf purchases the majority of Tenanf's stores in fhe Minneapolis/Saint Paul metropolitan area or purchases substanfially all of Tenant's membership interests or assets._ No assignm�nt shail release Tenant of any of its obiigations under this Lease or be construed or taken as a waiver of any Landlord's rights under this Article. Consent.�y Larid�ord lo ariy sale, assignment or transfer shail not be unreasonabiy withMeld. Landlord's consent shall not be unreasonably withheld or.delayed. ARTICLE XIV Access to Premises Aftef reasonable prior notice to Tenant, Landlord shall have the right to enter � , upon the Premises during a(1 business hours for the purpose of inspecting the same or '� of making repairs, additions or alterations thereto or to the Shopping Center, or for the purpose of exhibiting the same to prospective tenanfs, purchasers or others. Landlor� shall have the right to enter the Premises at any time for emergency repairs to protec4 the property and mitigate damages. Landlord shall no't be liable to Tenant in any manner for expense, loss or damage by reason thereof, uniess caused by Landlord's gross negligence or willful misconduct, nor shall the exercise of such right be deemed an eviction or disturbance of Tenant's use or possession. ARTICLE XV Remedies Section 1. "Event of Default" Defined. Any one or more of the following evenfs shall constitate an °Evenf of Defauft°: (a) The commencement of a case under any chapter of the Federal Bankruptcy Code by or against Tenant or any guarantor of Tenant's obligations hereunder, or the filing of a volun#ary or involuntary petition proposing the adjudication of Tenant or,any guarantor as bankrupt or insolvent, or the reorganization of Tenant or any such guarantor, unless the petition is filed or case commenced by a party oth2r i� 16tC_39'_J> 15 P�werqs�ew 9'9-i�i� than Tenant or any such guarantor and is withdrawn or dismissed within fhirty (30) days � after the date of ifs filing. (b) The failure of Tenant to pay any Rent or the sum of money within ten (10) calendar days after written notice the same is due hereunder. it is acknowledged that, except for Landlord's obtigations to deliver possession ofi ihe Premises, Tenant's covenant to pay Rent is entirely independent. (cj Default by Tenant in t#te �ertormance or observance of any covenanf of agreement of this Lease (ofher than a default invoiving the payment of money), which defauit is not cured within thirty (30) days after the giving of notice thereof by Landlord, unless such default is of such nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall occur so long as Tenant shali commence the curing of the Default within such fhirty (30) day period and shall thereafter diligently prosecute the curing of same. (d) The occurrence of any other event described as constituting an °Event of DefaulY' elsewhere in this Lease or in any Exhibit or Rider hereto. Section 2. Remedies. Upon the occurrence and continuance of an Event of Default, Landiord, without notice to Tenant in any instance (except where expressly provided for be4ow) may do any one or more the foffowing: ' ',� �' (a) Perform on behalf and at the expense of Tenant any obligation of Tenant under this Lease which Tenant has faifed to perform and of which Landlord shali have given Tenant notice, the cost of which performance by Landlord, together with interest thereon at the Defauit �Rafe from the date of such expenditure, shall be deemed Additional Rent and shall be immediately due and payable by Tenant to Landlord. (b) Elect to terminate this Lease and the tenancy created hereby by giving notice of such election to Tenant. (c) Exercise any other legal or equitable right or remedy which it may have. Notwithstanding the provisions ofi clause (a) above. and regardiess of whether any Event of Default shail have occurred, Landlord may exercise the remedy described in clause (a) without any notioe to Tenant if Landlord, in its good faith judgmenf, believes it wouid be injured by failure to take'rapid action or if the unperformed obligation of Tenaat-constitutes an emergency. Any costs and expenses incurred by Landlord (including, without limifation, aftorneys' fees) in enforcing any of its rights or remedies under this lease sha(I be deemed to be Additional Rent immediate{y dus and payable. Sectian 3. Damages. if this Lease is termin2ted by tandlord pursuant ta ;� Section 2, Tenant nevertheless shall remain liable for any and aii reasonable costs, ier_sr_.os 16 P�werwwx:u 99-�i�� fees and expenses including, but not limited to, attomeys' fees incurred by Landlord in pursuit of its remedies hereunder, or in renting the Premises to others. ln any dispute �� between Landlord and Tenant, the non-prevailing party shall pay fhe reasonab{e attorneys' fees and cosfs of fhe prevailing party. ARTiCLE XV! Surrender of Premises _ Section 1. Surrender by Tenant At the Termination Date or earlier termination of the Lease Term, Tenanf shail surrender the Premises broom ciean and in good condition and repair, reasonable wear and fear and loss by fire or casualfy excepted. Section 2. Ho{ding dver. tn the event Tenant remains in possession of the Premises after the Termination Date without execution of a new Lease, it shall be deemed to be occupying the Premises as a 7enant from month to month, at 125°/a of the Annual Minimum Rent -set forth herein and subjeet to ali the ofher conditions, provisions and obligations of this Lease. Section 3. Removal of Tenant's Property. Upon the expiration of fhe Lease Term, if Land(ord so requests in writing, Tenant shali promptly remove any additions, j.� fztures and instaliations placed in the Premises by Tenanf which were not consented to by Landlord, and repair any such damage occasioned by such removals. Landlord may effect such removai and repairs, and Tenant shafl pay Landlord the cost thereof. ARTICLE XVII Subordination: Attomment• Nondisturbance �� Upon receipt by Tenant of an acceptable nondisturbance agreement providing that so long as this Lease is not in defauit, a mortgagee or other encumbrancer of fhe Prem+ses wiil not disturb Tenant's tenancy under the terms and conditions of this Lease, this Lease shall be subordinate to any mortgages that may hereafter be piaced upon the Premises and to any and all advances to be made thereunder, and to the interest thereon, and al! renewa(s, rep(acemerns and extensions thereof; and Tenant shall atforn to sucl�r�mortgagee or trustee. Upon notification by Landlord to Tenant this Lease shail be or become prior fo any mo�fgages or trust deeds that may heretofore or hereafter be placed on the said Premises. Tenant shall execute and deliver whatever insfruments may be reasonably requesfed by Landlord for the above purposes. �ssss� os 17 P�we�Awxe• �� 99-i�i�o ARTICLE XVfll Miscellaneous Section 1. Reiationship ofi ParEies. Nothing contained herein shall be deemed or consfrued by anyone as creating the relationship of principal and agenf or of partnership or of joint venture between Landlord and Tenant. Section 2. Remedies. The various rights and remedies contained in fhis Lease shall not be considered as exclusive of any other right or remedy, but shaff be construed as cumulative and shall be in addition _to any remedy now or thereafter existing at law, in equity, or by statute. No delay or omission of the exercise of any power by either party shal� impair any such right or power, or shail be construed as a waiver of any defaulf or acquiescence therein.. One or more waivers of any covenant, term, or condition hereof by either party shall not be construed by the other party as a waiver of a.subsequent breach of any covenant, term or condition. The consent or approval by either party to or of any act by the other of a nature requiring consent or approval shall not be deemed to waive or render unnecessary the approval of any subsequent similar act. Section 3. Headings. The headings of the several articles contained herein are for convenience only and shail not be construed to define or limit the contents of ;� such �rtscles. Ali negofiations, considerations, representations and understandings ' � between the parties are incorporated herein and may be modified by agreement in writing between the parties. Section 4. Binding EfEect. The covenants, agreements and obligations herein contained shall extend to and inure to the benefit not on(y of the parties hereto but their respective personai representatives, successors and assigns. Section 5. Force Majeure. Whenever a period of-time is herein provided for either party to perform any act, that party shall not be liabie or responsible for any del�ys, and applicable periods, performance shall be extended accordingly, due to strikes, lockouts, riots, acts of God, shorkages of materials, national emargency, acts of public en�my or governmental restrictions, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonable control. The provisions of this Secfion 5 skial4 not operate ta exc�se Tenani ftom prompt payment ofi Minimum Rent, Percentage Rent, Additional Rent or other monetary payments required by this Lease. �'' � Section 6. Recording. Tenant shall not record this Lease without the written consent of Landlord. Section 7. Partial Payments. No payment by Tenant or receipt by Landlord ;�� of a lesser amount than the amount then due under this Lease shall be deemed to ba tss=xros 18 PawNns�ca ' F3Ck. I.EOty'A5D S i t?E�T Ari� DE I Y�c,D Section 8. Brokers. Tenanf represents and warrarrts that there are no claims for broke2ge commissions or fees a�'s�s6 claimed ifirouah Tenant in connection with the execution of this Lease hy Tenant w�th the excep6on af Mike Kohier, Premise Reality, . Landlard and Tenant hereby agress fo indemnify and defend each other against and hofd each other harmless from ati 4iabi4ifies arising frosn - any other such daims for wh'sch each is responsible (including, without limitation, the cost af reasonabie at2orneys fees in conneciion therewith). ather than on account of fhe eariiest partian due, nor shall aay endorsement or � statement on any check or any lefte� accompanying any check be deemed an accord and satisfaction, and Landlord may accept sucfi check or payment without prejudice to �andlord's right to recover the balance due or pursue any other remedy in fhe Lease. { � � .� Seciian 9. Autamatic Termination. Anything to the confrary contained in this Lease natwithstanding, in the event that the Rent C.c,c�mrs}encement Dats shafl not have occurred withir 180 days ftom the date hereof, this Lease shall automatically terminate and shalf be of no �orce or effect. Section 10_ Severabiiity. The unenforceability of any provision contained in this Lease sha11 not afifect or diminish the vslidity of any other provision ofi this Lease. Section 'I't. Goveming Law. The laws of the State of Minnesota shaii govem t}ie validity, perfarrnance and enforcemenf of this Lease. Section 12. LiabiEity ofi Tenant In the event that twa or more individuals, torporatians, partnerships or enlities (or any combinafion of iwa or more thereofl shall sign this Lease agreement as Tenant, the liabii'�ty of each such individuai, corporation, partnership or other entity to pertorm ail obiiga5ons hereunder shali be deemed to be joint and several. ln like manner, in the event that Tenant named in tfiis Lease be a partnership or other business association, the mambers of which are suhject to personal liability, then and in that event, ihe liabiliiy of each such member shali be deemed to be joicat and several. I�cD; c. 5' 98 13:12/ST. 1::19?��. �'.[c10^:�5;; P 6 9'9-// /!� Seztion'f3_ Liability af Landtord_ Except far tort ciaims arising from Landlord's intentionai acts or omissions, anything to the contrary herein notwfthstanding, if C.andiard, its soccessors and assigns, is a corporafion, an individual, a joint venture, a tenancy iR common, a tisrrt or pa�tnetship, general or timited, it is specifically undersfood and agreed that there shali be absolutely no parsonal liability on fhe part of such Landlord or the members of such Landiord with respect to any of th2 tesms, covenants, conditions and provisions af this Leasa, and Tenant shall look solely to the equiry of Landlord, its successors and assigns in fhe properEy, and the rents derived the,refrom, of whicn the Premises are a part for the satisfaction of each and every remedy of covenants, conditions, and provisions of this Lease to be performed by Landlord, such ezcuipafion of psrsonal liabilify is to be absalute and without any 16T_S9:.lb 19 D�rwAw�x� � � 99 �lit� benefit of Landlord's successors and assigns inciuding any mortgagee of Landlord's interest. Section 94. Landlord's Use. Landlord shafl have the right to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through tfie Premises and serving ofher parts of the building in locations which will not maferially interfere wifh Tenant's use thereof. Section 15. Notices. Any nofice desired or required to be given under this Lease shail be delivered in person or sent postage paid registered or certified mail, retum receipt requested: as to Landiord Larry Voehi Hafner Center LLC 10'100 Crosstown Circle Eden Prairie, MN 55346 as to Tenant ,� Bradley K Rixmann Pawn America Minnesota, L.L.C. ° 3935 Ceda`rview Drive Eagan, MN 55122 and Timothy Wefch Leonard, Street and Deinard 150 South Fifth Street Suite 23Q0 Minnaapolis, MN 55402 Either party may by written notice designate a different address to �,vhich way notices may be sent. ='' ARTICLE XIX Construction of Premises � Section 1. Construction; Plans and Specifications. Landlord shali a# its sole cost and expense construct the Premises. Tenant shall be responsible for construction of the Premises as set forth in Tenanf's plan and specifications, as �sasszas 20 pwvMAa¢sccw 99—�i ic� provided to Landiord lipon Landlord's request and subject to Landlord's review and <� approval. d Section 2. Location of Premises. The proposed locafion of the Premises in the building of which fhe Premises form a part is designated on the site plan attached hereto as Exhibit A(°Site Pian"). Section 3. Ghange in Pians. No such changes in the Landlord's Work or Tenant's plans and specifications or in the Site Pian that may tie appropriafe during the preparafion of the Premises for the Tenant, or during construction, shall affecf, change or invalidate this Lease. Section 4. Acceptance of Premises. Upon taking possession of the Premises, Tenant shall have accepted fhe Premises in "as is" condition and shall have acknowledged that Landlord's Work has been substantialiy complefed, other than a punch list to be delivered to Landl�rd by Tenan# within 30 days following Tenant's possession of the Premises. Landlord shall have no construction, reconstrucfion or modification obiigations whatsoever.. Landiord makes absolute(y nQ warranties andlor representations about or conceming the condition of the Premises other than specifically set out herein. Upon request by Tenant, Landlord shall assign to Tenan4 manufacturer's warranties, if any, regarding equipment or fixtures located in the Premises. • `.� �_ Section 5. TenanYs Work. Tenant shali submit its plan to Landiord for written approval within two (2) weeks of execution of this Lease and prior to any remodeling, renovation, construction or installation of trade fixtures. Tenant shall, as expedifiously as possibie, prepare the Premises, at its own cost and/or expense, for opening for business. ARTICLE XX Speciai Provisions Section'I. :Contingencies. The obligations of Tenanf under this Lease are subject to Tenant's approval or waiver of all of the following matters: (a) Receipt ofi all governmenta( approvals necessary for Tenant's Permitted Use. �' - (b) Receipt of a nondisturbance agreement from any parties with a prior interest to that of Tenant in fhe Shopping Center, insluding contract vendors an� morfgagees. � isa_ss_os 21 P�wvA�sa .1. \" :j� SCi� � �ir" �9.�^/` � -.n" [�, 'A ^•^ I ..F40U hG�?.�7 STfl��T P.�L D�Iy?.,., (;,_.;; c. � �.,�- i. i�:i�;�.+U. [61 P � 99-/J 1� � (c} Receipt of Landlord's approval of TenanYs pians, specificafions and signage. (d) Qhtaining the lease and possession of the "Cantingent Space"_ l� Section 2_ Righ# of Termination. Tenant has tfie right to teminate this Lease an the third anniversary of the Rent Commencemenf pate and upon every third anniversary of the Ftent Cammencement Date thereafrer upon giving Landlord (a) 90 days p;iflr written notice, together with (b} payment on the Termination Date of Landiord's unamortized cost of relocating the tenants currently occupying the Contingent Space, such unamortized cost in the manner set out in Article I, Secfion 1.8. SecEion 3_ Right of First Offer. If any space adjacent fo the Premises becomes available during the Lease Term, Landiord agrees to of`er the space to Tenant upon the terms and condition of this Lease, excepf the rent for the adjacent space wiil be set at market rate, prior to offering or leasing the space to another party. Upon written notice of Landlord's offer, including Landiord's good faith estimate_of the market rate, Tenant musf give written notice to Landlord that it intends to lease the adjacent space within five {5) business days, or its rights to lease the space will be deemed wai�ed. Norivithstanding TenanYs right of first offer above, Tanant hereby waives its rights under this paragraph with resp2cf to the 450 square foot office currently occupied by the comic book distributor. [Remainder of Page lntentionaliy Siank] �- - � , isnsr..as 22 Y�'�YM�PJi:Ca Section 4. Right of First Refusal to Purcfiase Shopping Center_ Lartdlard hereby grants Tenant a right of first refusa! to purchase the Shopping Center aa�e� an the same terms and conditions " °� — �.:.. 9�-�ii� � IN WITNESS WHEREOF, tfie parties herefo have caused fhis Lease to be � executed as of fhe day first above written. Landiord: Greenfield Voehl Hafner Center, Limited Liability Company gy: � �ts: Tenant: Pawn America Minnesota, L.L.C. � BY� � its: � i � , /`i'I A,(>,4 /' <,C_ �, - . � : `! l6S_59205 23 Pwrrt+AS� `LEONABD ,..:.__- ,-.. _ __..:.=.� _� _. : ,,: .. .. .-. .. . . . -_-,. - ,.� : ^_ �_ . �--�x�l¢t� � 99-iii� � ��I �[tl�� o �tX f ,��.�� . - �;�{.� } �_�� 3 � . 5 y �� - - -- - -- -. { -.. ,� ; . - "`�,� - � s a �� .�f :o r� � ;s� � r :� N07 GOMIC ( y08B1E� PLUS � COLLECTABLFS 778-��5� ' �AF�Y'S ` PATRI� ' AL�'ERA�IONS I H�1R �EStG� .�_. _....--- -- - �3C1�'F1`g1"� �c G� • ' . • W '. � N � x a � c� • a o . x t�i � d m � a c. _ t ' � .. . . � N a • �u m• w ca - :� .� 1� ' 4� � � � � �C ��` t 6 `� u t ^ ! N � ��j� J 7 O N � �.A�y ¢ °- � �� c,� c.a� t�ac 99-��i� � ti ' `� `�, � ~Z � � � � "s �� 2 � e o �� s � � �- h � S� � �GE . 02 _ � � ` r :� � _ Qi ,, � � "� :.f:i`[ `' ' ' :::�::=_.. ._.- - t, \� � ��,,,�,,��1�, G�n 1�1.�1 , �� ;� �1�1� 99-/�� 20 SaikPcu(Leg¢II�dRm SeturdaY.hlarch2Y 1999 SECItON 3 iTU ard�nance sM1Vll �akc cltect aM pc In force 30 Aap (nm and a(!m Ilz pavage_awd ava�ma� .�n M��u.:,n�,. Mopud by Counc�l Marcfi 10. 1999 Ymz—Cmmc4lmemle�s Ccnafuv. tl1akcy. Bpllimn Colmu.�. Nartb, Idf�lry. F21Ur—�. Na)'s—O. AyMO.M by Nayer Marth I5. 1999 SUShY KIAf82RLY ' �Ma:M2].1999I CounNl Flte No. 99�T0 — By Dan Bozttom M Mm�ntstniivc Ora�mnn ammd�ng CnaP�R 21 of lirc AEmInWnNC Cade. mu- tled Of(ittr s gua0flwtiona by csupLahing mlmmum quallllcatbm kr t�c unc1ass111vE positlon of Garka antl Recrcauon Dmmar. _ The Ceuncil o( the C�ty of Salnt Paul Dacs Ordaln: SECTION 1 Thm It Is apProptlate �o maCLSn minlmum quallllntiom Wr !M1e Porks antl Recr<mion Dlrmar poswon. SECfION 3 T�m C�ap�cr YI ef t�c Smnt Paul Mmintssmnrc Code Ia �crcby amendetl Ey aEEing n�v muewng aen�an m rcae: 21.08. hrks antl Recrntlon Otrmor The Parka and Nerrmlmn Dirmor sAall havc a bachelors peS�+�d 11w (51 yean ef pvbi�c or priwte ucmr IeaacnM1lp or manaFemrnt experlrn<e wwWng In or Wth 6rge mulufamctl xmce onmma orgamvtmm. ��- SECIION 9 'ITis oram�nce shan �ake ettect a�a Ce m farce ao aan fmm anE aftv us paszagc. xxd aPProva anA e�m o Mop�M by Counc�l MarcM1 10. 1999 Vev — CounclL�rcmbers Benanav. Blakry. OmVam. Gelrnun. Hartla. lanuy. Rtl¢r— ] Nays — 0. AppmveE bY Mayer MarcL I5. 1999 SUSAN KIMBEFtLY IMarc� 2l. I�19 Counctl FAe No. 99462 — By Dan Boslrom M ordirmnce to amentl Ne ]nning Code rc�a�ing b tAC lacatlon of pavmshops. Thc Com�al o! [�e Gny of Sa1n� Paui Decs OMain. SECi10N i Scctbn 6Q53i of tAC Sunt Paul Lcgls�aUVC Cotle Is Aereby amenCM lo rtatl as !ob lows See. 60.53<. Nfveipai mu perm�tted rvbjeet te �yeeW eanpltieeu TTe following addlUOnal mo sM1all pe pe�mlltM, subfecl b l�e stanEeltla speHlled (or all spedal ronOnlan uses as xt forth m ml�on 64300ftl. NI Phne�Py uses perMUed su�)m l0 5M'�'�� ronEWOns a�a0 be �Meve<I vntl approvM Ly t�e planNng mmmb- Nan. 111 AIt uss ae perml4ed anE mgulatetl In tLe B-1 Lecal Buslness Dlattlet untle� ptln- Hpal uscs permluetl subJeq b spcclal mnEltlons. 121 Open alr uxa wMCh are acceuory m a ptlnclW� �x pamitted In the tliw1N anA bcutM on a mning lot at kast tuzmy �M1ODUnd 120.0001 aquare f t in area as ( povvs: a Reull vi�o of ylanb rot grown on �he sl�e. lawn fur�¢urc. P�aygrountl cqvip. m ent. anA 6artlen avppiln: Prehtletl. further. l�at avcA ux aM1all Ec localctl at �.�a o� rt=� or m� nmia�os. �3� Box�linq alley. b11LarE haii. Intloor ar<h<ry anS�� a�r t<nnls rouna nequet Wll and M1antl ball rourts. dance hall. eittVOnic game room. Indaor akating tlnk. tl r slm�lar forms of Ineoot mmmerclal recreutlon wM1en ba4a at I�ast me nun- mtl t�001 feev Gem any 4onl. mr or s�ac yartl or any residrnuai loun an aaJ.i. mt resiemuat a�smct measurca rrom �ne ciosese po�et of tne bu��aing In wnkn tM1e utt Is locatc0 lo ihe closcs( mldmUal property Ilne. HI nmo convemence markcts, aum xm<c stauonn anC eum eyenally aro� suCJ«t lo Nc (ollown8 ronEitlovs: .. m� m�,w�uo� .oa mmm��a�a or an dn�n. a,�e,, sm� aks. pump Isiantls o/ olhcr 6cllltics uxd In conJunttlon wlt� the epcqtlon of Ne eule xr htt sta�lo� shall Ee In acmrtlan<e M�h eurnnl clty apselpca(IOna. Such apccb ❑ationa sM1all �e tlevelepcC py the Nty planning eooMlnnae Ir+!(k mgineer . nd clty Ilre marsM1al. mtl s1ui1 Ee appmaM by �he plmning romminlon. >M mm wm me n�r a�.k. 6. atcn�toaevtterveawthurtenylannnganpanoM�vnnsvrattmirnaahatl be rryulrctl aleng anY propertY llnc oEJolNng an Wsling realticnt x aGJalving _�� i,na w��e ro. n�an,u,i �x. c Thc m�mmum bt arca sAalt bc Ofi«n iMuantl It5.0001 aqvarc f L enC ae anan6� ��at ample apace is awllaEle fer mpror vNlcka wh�c� are mrylmi m wa1L AY�O xMCe Etatbv WMCM1 arc InlMECtl aolCly (w Ih<vl[ Of �a11M.011 an� miner accesmtles aM naving ro(anl�t�ca for inadmtal aeMCmg N auto- moblies pnciuEing lubncat�ng facillllnl mtl auto mnvenimtt �vkeb may bc perm¢dd on a tet of t�<Ive t�ouaand (12,000� aquarc @n. aubJM b all olM1<r prmv�ons hcrc�n requirM. tsi ua�uaconK�m�.i�m�mq.mm��neir.nnu��.n�ame �vur •a�n.nu:i fanm�o ,m m�eeFenq neudeq 9auue wqec� �o com Ntlane ai xt farN Wr RM.� Mul�llamllY ��ntlal Dls�ticl In acCllan 60.NJ 161 Pavn a�oq whm lM1e bminess b ronEUCmE w�Mn eamplelelY eMiesed EullemRa Y of n �[ � n.kinn .na�l nm M � r«,n.� a b y -- - rn.... in. ��Ytl im L]'F� af a nawmFOn + M1� ocit an W 1 n dn al Nenamt�m eavle•n1 C .�..+�.e �„ . .. a. vn (11 nccevery DuuSm6z atrvttu�es ana usn cuxemanty �nctarnt to �he aDO.�e pc-- m��tetl uses 5£Cl�ON 2 SerUOn 60.533 et t�e Silnt Paul 1<6isla:�ve CeEe li n�.�ey a�,a<e �o .��e az roi- lowz s.�. so.saa. pncapu a«s ye.m�«<a .an�a� ro.yecfat eeommem. xn� reno�mq.adiuw,a� � �nan x xmuim. s�qRi m m«e�muo�. n�„an�: �m�a ror eun uu:�e sw�«uo �ne sunouaa s�n�a mr au z�m �onmua� ux, ut fen� In amlan W.9pplcl. NI DnuYpa� uscs permineE suEJect m spttlal ronCC�onz sM1all !e rMewcE and appmveC by the planning rommlsslen. Ip Aumxnxesta�wrts.mmmnvcnicnttmvketz.anaaurospcdaityztoresazreg. vlatcd In t�e B�R Orslrict. 121 Out�oor uicz space Im ihe sale or rcmal of nev, eeronE�anA, or pa.mM amo- mob�lca. W cka. motorcyclo. trallen. or boats. all aubJ¢t te t�c following. a. Thc lot or ara s�all Oc proNEetl Wt� a pevmanent. tlunble and tlusllezs sur 6cw sE shall Ce g.aLetl anE drmnctl as w tlupox of an surfacc waver accu- mulatcd �i�M1ln �M1C araa. L. \kMCUlar acccsa m �he wtdaor sa�es area slup Ee at leau smty (601 (eet &om the Inunettion of any iwn �21 zlrttu. c No repLr w rcMlaNng aAall Gc tlone w �he bt unleaa mnEUCtetl Wthin a mn� Plettly en<bxd Eulitling d. 'ITeminlmumio�areasha116e0RttnthouunE115.00p�aqvare(ttt.Aa�mD�an .n�n x suemrti.d anown� �ne i�yw� er m�.cniaea r r ea4 or reat. empM� yrking a ntl ivsmmer D arkm6. L r. aa u 1 <lo nftM1�vra�w�M� 2 IM 3 imnr �n�. �n..�i,io �.n�n 4 mnhvl n.�e nn W 30(1 � (31 Pawn shoCS wM1m �he business Is eontluct<E W thin cempletdy encloud Ew!tlmgs I fn� � fnllo. nA�l b 'ITere Ix no wna�On W �, 5'�PO (rc �n( M1e � �(� «tl t�n �(p➢,,,m{; u� nrm.pro 1L pnm L dn . n M1er C v r(nr n� ��M��mtl ronm f tl^1� rrrtiltle� alo elelmll�l a o..��n „ „� es am (4) Rcstaunnb.fasP(ootl aubJectlolhefe➢oWngcondWOns: Polnts of vcM1LLVlar Ingrcu v+tl <6rns shail net be onto a slrttt whlch b vzM primatlly for a<ttss b aW LLing rczltlmual pmpaty. e. ro��tn or.zmmm. �ns��u ana cs��+::nm� ee �oczad at �ws� sdty tsol rcr. Gom Nc mtersecuon ef my twe 121 svee(a ane at Inst s4ty 1601 fn� (mm any abutlmg rnldentlal!y mncd pmperty. e. KTen �he mle abuls an allry wF�lc� alw servea rtsldent�al�y zoned �anE. no v fmm Ne slte m the a�lq sAal� be permlited. d SM1C shall Aa�e a minhnum o( one hundrcd �1001 fee[ ef atrttt fmntage on Is p`indpal accns sUee1. c TmaA rccepuvb aha114e Aovxtl In a tfireeeldctl mesenry mclosure six 151 feet h�g�. or eGUa� In n�ism �o m� a�m�«n WmcnM� i. q2,«,.,m na.<.� envance gate mmt�utted ef a tlum0le. opaque rtutenal. L A �ILLm mliesnon pian aM1all be Eeveleped vW submined ro the ptanning rom� mlsslon. wMCh obllSato t�e rataurmt eperalor to keep t�e arca surtounEm; vaa .e:vnuram rme er.e.moam uuc� w. a rcawvam� ae +n�a e�s�ana. g Speakm pox aounEa fmm Etl•rl�mug� bnes sM1eli mt ba plalnly audible m as b mrcawnahly tlbwrt the pmtt. qu�cl anE mmt rt of abuLLing roitle�u>I v�anr n. n mmx. :Rn �o� i�.., ma� nn«� u s� v�� er m� imx'no�s .�rt_.< ro at �Le lot a�alt Ce pmNdetl antl malntafnN. 1 Impact on apjoming property aj ux af tM1e aue mry not rnul[ In tM1e fd:omng i��a. ea.m�e�..m au;�ro��a ooix m.<i� s na�a.m�a�nm<m�aino�.. 3. O!(msrve, oCnoz�oua and tl�smr�mg otlon. 4. Exttssroe ILLmr 5. Ezasslve aNpnal l�g�ting 6 SuEsianualaeereaaelnaEloininRpnpenyvalun. Ist ermnnouaeatormercm�iv�<ory�anugrmmonmey�eaMaa�esorla.nrvr. niw... o��rsm��a n;wvm•m .m c•m�� .�pnun auq«� �o m� mnawns �o�� e::io�� a. 'ITC alange er Wp1aY of anY ��cMab or pmtluem shail mat all xtSack leQYl(eme�lf pIa ]WCIY2. b NI IoaC�nB y�d parking ahall Ce prMtled oR.Mrtet. S wrdeY. TtnrcA 21:1999 .� $oinnPnii! GQUf 6«f�;�v 11 . � � s c. The sbraAe ef:my aoll. fmlLUr or ot�cr Icou. �mµ ckagcE nutetWa alull bc cvmnnM m as w Pre�rm anY cffcas w aepcme uscs. 161 ana o�woe� ,.x.� .,w� wm �wc �o w„m« �m u�� apmuoo M tM1C 8.5 Q.ttfKl as �o O(�.HlNt }�rW�IL' on.3lrttt batl�Of. infl ll�e sJ51t111 O� �F11(S�1Lln Ow. T¢ ptannlnA ��'��++�mr. In tlQttminLµ LLaI W c u5e b Ivmm�bus hW x��i ��x snw rmwr� n�e x�e��,..i„� ar a vi� om�� mcivai„e � nm. W�� aml all usea WtTtn f��ee ��u(ulml (3pp1 feel M tFC iwuntlary e[ saM xlie aper lmpa[eE en v1�1 site ylan. f/1 wto IaunMn Imr uoslJ vM1icl� eu� be ayn�pinely rnclosetl whrn em{ y� upern- uoo e�q¢i m uK roiro.,�g �onmeon: d. M)' accesz Enw shall be Ixaud at leax[ thmY IJ01(ttt Gom anY WaK 5vM Intmeceon. meazureG fmm iLC In4tlar mrbLne mmmrn<ing at Ne In(oeec- tlwi o( ILe WM. b. MY aub wash pne etit sLall be at inst thi[ly (301 @el d�AVrt (rOm vty Arcet 4n<. _ la1 uan�mmeaw�.�imn�m��qrcven�aac,�ueein��ui�a�uanme�id�cen+ai umtY te4dunnl fanlwcs aatl mmt6cnry M1ausmg as pcfnJUetl v W tt}u� 6letl In 0-2 tlusinav Dtsvic�s vnJer Pn��dpa� usrs pernuttcd subJeet b spMal mlWltbrtS 191 Nlull baa4staro, subjccl �o l�e fo1bW ng con��t�ons: a. 'Itm aeuit MoksorC aLa111c Iqy�eal at �eut [xn p�ousinE gz pundreG fMy 12.W 01 mJUi lttl Gom mry othcr mlWt uu In any mun¢'IWLtY. �twv`u�etl In a svalgM line 4om U¢ cbsX palnb of the property 1¢rcs o( N< bullNnss N vhicM1 the atlult uscs arc IacatcJ n n��.awimou.�m.s��+n��«m.a�i�o:�nsinn��a.wtaoo�aawr �r.o�� anY �Itlmllally vnetl propertY In anY n�unRlpaOly. measu�etl Ip> spalght INe lrom tlm tlozest palnv e! t!c pmpctlY Ilnc o( the Euileing In wltich Ne aEult booict�arc ls ImvM m tLe tlozel rmtlrn�ollY �^nctl PropcnY �inc. e The aEWI Eoob�orc shall bc laeatal at leut (our Mun@etl (a00� nElal fM 4an anY'Promctctl use: Ecfinctl az: A Gulltl�ng In wA�ch a n jM�Y of �oor apatt Is , asM Wr midmtlal purposcv; a dvy care crnmt. wisrc such Cay care �en¢r Is a Ptlntlpal usc a �oux of monhry: a publlc I�Enry: a xhwl {publ�c. parxhlal or pnnt< ticmrn[ary. Junlor M1igh or h�yL xhootl. a pubL< reglowl park or pabvay, publtc pvk. publk r¢rtauon em�er or pubLC speclal�zeE e¢rcallon _ fac�biy as mrnuOeE in Nc parks anO rccrcaUOn tlemmt of Ne Sant Paui Comvrcncnsl�e Man: v nm uatlon: a cammunlry rmamUal fadlltY a mluWn ot a �md/nmttl. The tllsmntt shall be meaxurctl in a sVNght Iine from tM1e e1uxM polnt of ltu propenY 1�ne M tfie W4tlinFln.uhlM tfie atlutt Dookstwe ts Ior�tcG w lLe ciosest po�nl a! U¢ PmpertY Ilne af N<bulltling In �vhleh la lacat- <tl an a(orcmvn�mN proicctW ux. E. CoMUlons b. m��/or e maY be vnivctl LY tM1C Plmm6k rnmMSalon If the per- n apPipny 6r l�e xalwr aAall llle v5[h the Plamm�b aEMn�aValo� s m`ucnt yclWOn wM1�ch Intlioln appmvW otNe proposcd aE W i pookarore by nlnelY 190) v=a,n or m� o,o ow�«, wmm �isn� n��a.<a ieoo� aam� r t ef tM1c bt wA¢h lM1e ux unultl pe lacatetl: Ihe Pivming comMS3lon. In eenald<�ng sueh a waiver, s�all make thc (oila 1ng Ontlings That the proppsed use W II not be wntary to tAC publlc Interest ot N�urbus b ncarEy propcNp. aM Nat Ihc apW t anE intcnt ef �MS aettron xill be obxrvctl. tM1al lLe proposetl ux wlll not mlar6c ar enwurasc the Ae.xlopmenl of a'aWErou� arc¢ tM1at Ne esqCpsA- rnt a[an atltlltloml ux af th�s type In the azea w91 mt be eontrary w�nY Pro- gram of nngnborhoW waurvaUOn or Improvemmt. e1NCr rcalErnUa1 oc nom res�dm0ai, aM lAat all appLablc regulauons ol t��s ucUOn 9i be oburvctl. e. NI vgns shall romply w4M1 C�aPmr 66 0( t�c zonmg [atle anE wIN CM1aPlcrs YR anE 2]5 of l�e SaNt Poul I.cgi9a0�c Codc. (. NoycmnsLallengay'clnanSattiv�lYarconduclorpermltanYONerpersonta engage in anY atthitY or mebuct In the adW t bookzmrc vhlch 4 prohiblted any oNmance N the Gq of $ain� Poul, O�e lavs o! Ihe Slate of Mirv�esota. or Ne UnrteE Sums o( Amerka. Nothing In t�b aecnon shall ba wns4ucd as authwivng er permuing coMUCt mMCM1 Is proMOLLCtl or «gulatM �y othcr ataW tea erortlmantts.IntluCmg bul mt IImR<C b. amwtu or ortlmanm pro- A1b1Ong tbe uh�b�t�on. aile or Envlbunwi al oESCenc malerta� gmenlly or Ne a<itlbltlan.:ale wElzitlbutlon ofspealietl matvials m nunora. No obsttne work Mall be ailawN. s. rn� tlly m msvrc t�at no eAange m uze occura anC Nat no aEElUwul adWt uvs c atlEM m the bullNny mntalning Ne aJUlt Eooksmre. h. The aEWt booksrore is eonsitlereE m be ane (tl vx No two (21 adW t uxs ean Ee In IM1< same buddlnS Lut must be apacetl Wv t�ouzmtl slz Aundred (orty (Y.6i0� ratlfal [ttt apart 1. The aCult bookslorc nhall not bc lecatctl W tM1�n a bwltlmg alao useC for resL dcntlalpu�zea (IOtAOUIt eiDamts aubfecl to ITe aame mndmOns llsmtl ahove N subsection (91 (or aEWt bookuores Wth tM1e suEStimno� of t�e pM1mse'atlWt abaref (w the phnse'atlWt booksbre''+'Aercvcr It appcars. Tne atlult cabaret �s eonslCVCd to Oe one (11 ux No Ixo (21 adWt uxs can be m t�e same bwlE�ng but muse be aPacN turo �Iwuun� sR M1untlretl (orry f2. W 01 vtlni (ttl apart �i pAEu�l comersauon/rap pvlors. subJen to Ne same wntllilons IIStN vbovc �n aubscc�an (91 kr aE Wt boaks�arcs. wN lhe subsb W uon of tLC yivase'adult mn- sauoNrap par�or' [or Nc phrasc'aEWt bookstore' wherncr It appears. The +tlWt eonrcrsauon/rap parbr Ia mnsitlereE to be one (q ux. No txo (2� adult n �c in the umc builNng Gu� must Ee apacN two �houuM aL hunErtd fartY I2.6i01 mtllal kct aPUt. (l11 Mv1t h[aY.h{sqns dubs, subJttt ta tTC same cW�O�clanz llst[tl aMVC N subMC- �on f91 (or aEUlt baoWtotts. �n[b �he aubulmtlen o( The pAnx ldutt healtM1/spons eWE' for the phrzx'adWt booksm�i wM1erever IL appears. The atlWt AcaiN/sports dub is cons�ticrN m bc onc (q uw, No tuo �Y� aEUlt mo can n� m mc samc buua�ns em m�:e x sw� �� no�zar�a s� n�nerm mrq 1Y.6�W� raL�ai (eet apart. (IW Mull nus.wpe parlors. sub�ttt m Ne vme cenEl[lons listed above In sabss4en 19I (or atlNt hooksmres Wch Ihc auESO Wtlon of tAe Phrau'aAWt masvgc par- lor' for Nc phnx'ap W[ Eaoksiort vhemer It appears- The atlult AWth/spoM1s club Is eonsitleretl lo be we 111 use. No turo �2� adWt uses ean bC In llrc yame bulitling Eut mmt Ge spaeeC tw tM1euvntl s�s hunErW 0ny �2.6G01 nNal Ittt apart. 1�41/dw� men.mouon prcwre mcaves, suqe�i m Ne same conan�om usiN aW�e m w6xcuen �9� (or adWt baokslores, w�N tM1e subatiwtlon of Ne p�nu •aEWt minbmoUOnplcwrttneatrc'(w(Lephnze'adWtbooksare mpttneri[appears. tAe aeWt ew�rrtwum� p�cmre Neatre Is ronalaerN b be onc Ul ux No mo (21 atlult uxs can be In Ihc an�e bulWmg bul nws� besWaM 4ro tlrawmJ xtc Imn- EtN (oRY IT.6C01 raEml fttl aParl. Usinu�di nnoon r�n�nc niea�m. auu�m �o n�v �,nm ow�LUmu L:e�.l ,h..e F� m�b. M"n�� U14K v4dl la�L,r{an. .Nll� 1{K •++Ir31t1�1xMi N lNr ��Nl.iK .\�MIIi nvNirnl p�a�m w<.,�rc ra nK vn.�',nmv ��«r w�no<. u �vx�.s. n�e ,mm �w� p.ouuv tl¢ave b mmAncl l0 4e une Iq ure. No Wv 19 +Ault usea qn be 4� Ifie v� a buJJn�y but must Ic apacW t�a �lwuvntl vi Luntlrnl forly 2.G101 ra�4��(ala�urt. 1�6)lu1Wt stemn .ao��iwmnwx ranuu�. sub�e[t to �he amc w�WM1�ws IistM ai,o� �� mi. nio�� tsi ro.,dw� �oot.uo.�. mn� m� .�n.ewivo�� or m� ono,� ndui� sicw m/Wlitlwiue Grlli�y for lLe pLns 4uk.�ort v�Lomrr LL aPlxi->-'n�� dWi stan room/LVlld�oux fanLq b mnvticrM b Le onc (II x- Ro tua (YI aE�flt ;�an be 4� the mne buJLhiy but mnsl Le spacM ixa tliousinC a�<LuMr[tl (ortY Q.63% ntlial !m aput. II]IOihcr �Eult usa. sub�ett to Ne vmc condii�orts I�zted aEo.c ta zuUSect�an �9L (o� am�n n�x,io.ez. mn� nm :mnum�w� or m� ne�.,m rom�. ,mm use to. w. pLr�x'atlul� Lwkemri �.Lncxr It aplp�s Tm ml�rr aJitl� um b�w�wlvnl m be oue pi use No txa �2i aEult uses e+n he In tl¢ m�¢ bmlJmg but mmt he spacN t�'u U�ouvn0 slx M1uMrN fortY IR.6i01 rad�a� kct apart. 118)nub mryvr. suqcct m I�a kllootnp condi�wis: a. TLC wnimum Id vea sl.a�l Le Mtm� [Lousand 1�5.0001 vM1�are f¢t. 4. A lnn(uol �an�lxcaynl LuRC wth saim� ylanLny, y�E an Wxunn� frnce x4a11 �`C fCQwK[i dbnQ d�lY V�oN[Ra.luY a�jolnYlQ M Cpstln6 revtlOitt Ot a(1foL1- ms �,,,a m�.ma.�u�i. e. NI r f�m xark A�all be done WUm� an mcbsnl bufltl�ng. d.'qivc shatt bc no wWEe sy2yt. " U91Pr1vule helrstep for m�vqenry metlleil aeMCes �vh¢h are acceswry m a bosPl W. subJttt te lLe caitllllam eet (ort� (or RM-2 Metlmn�-Densly'. Inw�R.0 M W Oyle- Famly R.:siECnllal OISVICI N teeUOn fi0.653. hlrclpal Uus PGm�ItteE $ubJttt b s�„ico�a.uo� (201 Ccllular iticphone antmnaa bcatcd on a GeulanE�� pole. as rcgulamtl In �he OS-1 Dutnvt. aecUOn G0.51<I6)a. tM1musL g @IlACttssory W�IEInBz. strvcturo aM uus an tleG�utl In secUOn 60201. SEC110N 3 SMlon W.552 of We Salnt Paul LeglsW�ve Code Is hercby ammJetl lo read aa fotbws: Scc. 60.552. Rlae�p�l ww pezmltteA, In a B�4 Ccntral Businca DpWa {M1e vtt of lantl. lhc locatlon antl ermtlan of new bulltlmSS or sWCWas. and tM1e altaatlon. WarS�rn[ md rtwnng of Ws(InH builtli�s r sWaures from oNer lacatlom w tlutrlels aW 11 eantorm b lhe fo11oW n6 �K S�ups. unim a�crvltt pnNtletl In Nb cotic: (q hane�cn[ rWErnlla� uxz Ho41s, mo4b and rlubs uuE ptlmarily kr translent Cccupanp'. 12) A{+artment rcaldmtlal uses, To Intivae: a Foslcr Mmo antl 4cestmulmg foster homcs IacalN In muitlPio-(am�ly swc Iw6: b. Humar. servittdicrnutl mmmunity Yoltlmtlal (aclLUCS laated at least six �undred lGW1 sad�at [ttt kom anMhy atm�lar fac}fity anp ixamE In a mult4 Vlchnu� . �.....� . . . . � e TtmsCionyhou5ingaMShdlvalorbattetedyc[mnsloca4dlnrtmltlplefam� IIY aLV<Wres: and E. Hosp¢es IomlM N mulUylb(amliy abucturu (31 fte4ti1 bus�nezs vus: Retall business serving lhe mnvenlmce anE cm�parl5on snoppmb „aa: or �ne aiy am m..�w� e� � HI Scmce busmw uus: Scnnces buslness provttlmg dircct consumer umces. (51 ORtt uscs: Busineu, professlonal and grncrnmrn[al ofOCU aaromnwda4ng a wrictY o(lunMbns SucM1 a5 finv�ct Cory�ntt hcdtlQUa[lvs. scrvice mteryrises aM other ziMlar of11tt devrlopmrnl. (6) PubLC uNrty uus: PubLC utdLLy oR¢s; micphone u<hange buliJin6s: cicctrtc fmnsform<r s[a0ons anE wbstatlons: gae reguUlor sta�ons: ail W thout sbrage yaras. (�l Ott-sVmt par�Ung 6clLtlu parking �amps. Eccks, or gacagcs. Wth fully encioud ssnry automebilc uMtt aUtlana. . (81 Amuxmcnt a�tl rnlcrtalnmrnt uur Comnmrclal rttrcation. thcaten. <at6�g or tltlnkmg p:acu IncNOmg mtertalnmmt ind oNer Cuch usea oRctlnG mtenalm mt to [he uurs af the Central Buslnm D�attleL ' �o� a�:o-mme wtacuung usu wnm��ms wm stwage.<smaea w s,mv�as �IOIGovemmenWl u: Thox uw wM1l[h Rqulrt central locahon l0 eeMtt {he neetls W[he rcgi n the Cenlnl Buainess District. IlpPUbbc an� qmsipubllc u s: Churches, xhwls, liManes. Mspitals. parks, s Gammal orS�+��ons. Nups, famlly day arre group famity day care. gmuy day carc antl athcr aimllar uxs aeMCing tM1C nttES of lhe �eylon v�tl Cmtmi Busmess DbUlct uun. I121NCVSpapc: Publlsltlng 1131 Olhcr uscs wM1ICM1 thc pWnning wmmlsslon sha0 Md b bc: a. ndzim and mzwnae�y neccsezey o. eomawem tor me .uuA,ctory ana em� c�mt operaUan ef a ca+Uai buanass Nzlricl. b. S�m�ar m cM1arvcler b enc or mort W Ne use groups IeEiratttl above. e Olsucn cFaracler iM1at the vchlalar traRC genve[W py such ux Is simliar to one or morc of the amve-pemYUed uzrs. � a. no no«.v« �w.�,tt a, a�n��a m �m. wae. f idl Coll<6� uni�cvsniez sem�wfes and other sueh Inst�NUOns e! h�gM1Cr Imrning Pubirt antl PMnte. eRCtlng mursra In gene+al. l¢hnicL or relly�ous etluca�on anE no[ op<nlW for pmfit. ❑Sioetdmrrcsmramswhma wrymapnnc�paluseandoutEaorfarmvsmarv kets ❑61Ctliular lcicpryane animnu !acalctl on an etlsUng sWClure as pemtlltetl anC rcgu4¢E in thc OS-0 Bus�ncza Dblr4t xcUOn W.512�81 ucept lM1al an�mnas may e�4nA up m torry (<01 &cl abo.e �he atrvcWrai hnght of the swcwre b wMCM1 Nry arc a[tachd. ( V� CuRency e<c�anGC buslncss, ax pe�mlltcd anE as rcF�V�N In the F)�2 Buslness Disttict ur.ticr pnnclpal uscs pemuLLal, xclion 60.532. llBi� h 1 WIIE�nga. aWCtum antl usa az in axtbn 60101 � �19-1�� .1� ( �� r� �y-�,1� � ` � �� ?p SeikPau(L�gutLeJ,cer Sa[vrday.\la:ch?i.l�. SECTON < 11ns er3name sFal� uke eR � and Le m(xce on lM1e �hWCth d y kl�owng Va pas vfc aPPmwl antl PuELCation. mior�n� nr co��m m�.�n io. �� Yms- Coa ��Lnm�bers Onunav. Wsvam. �lams. l�ntry. Rel�c- 5. �ap- d�akry. Colen��n - 2. �Jop�M wt�om StayoYS vFnanm of aPPrmat. (ht m� 2]. 193MJ RESOCVT[ON NPAOVINC ASSESSIRM AND FIXING T[6[E OF AEAIltYG THEItEOV Gnnnr11fl1eNO.99d25-ByDanBosirom - m me m,ucr or me.�ssn,�n� ef en,�ms.'me �„a Q�� vou�s wam s to� J99U1 B 19P I518wrdin6-uP of wtant propMl<s E�rttOg AuguzL ard Dcttmbc[ i938. J990t1111981 W Boartlmg.up af vacvnt propcNla tlutlng Oetobtt aM Na�xmber l998. J9901 V 19B V1 To-w�nK ��antlone.al �eM1leka tlutlng OcmEer 1998. ,19901C 108 t9) Oemollilon of wcant Wildlnys tlutln6 �'emECr I998 �ntl Jmvary anE F<Wvary 1999. J9901 A1 19BY01 Summary AlvKmrnb Ivww anE ar fac icmevLL dw ssndln8 �'+Ikal A.�nn6 JanuM' S FeEmary �999 ,199OIA 198R1I5ummary Abaamenis IproyertY ��a^'upl tlutlngJanuary aM Febmary 1999 'ITC dZXSSmmt ef E[ne��0. COSI a1W Qp[I1X3 fof illd VI NnINY�Of1 M111 tM1e 1110vC Imprwcmmt haNng Eccn suEmlLL<0 ro Nc CouMl�, anE tM Councli �aW�g censldaatl aame anA fowE ��e saW assessment vUSfactory, tMrcforc. Ee 1� PESOLVED. Tnat t�e vIC avcsxment Ee aeW itrc eal�e b Lveby In all reap�cts aOP�w�. RESOLVED FURiHER. lTat � puElie �earing h fi+E en uld �sseummt on tAe SiM1 day ef May. 1999. �t the hour o( 5:30 P.M.. In t�e Wunell CM1amEer of t�c Court Noux and tlry Hall Bv1101ng. In the Cl�y of 5� P+ul lMt Ne V lwtlon and .Weavnmv Engmecr g�ve nouce of aa�d m<cun8+. es reqWrcd by t�e Chaner. staung fn aai�t asuaseE agalrol llm�l t or�lots of i e pamculu o�wror te wham Ne�neuce a m.��e. Fllc Nor J9901B. J9901B1. J990t V. J9901C. J990tA1. J9901AAftess:nen� Nm.9615. 981G981) 98I9.9820.9821. AdepleE Cy Cwncll March 10. 1999 Ccni�ed Paacd by Cauncil Secrctary N��Y M'DERSON IMarcM1 2). 19991 Summary Minutes of the Saint Paul City Council 3:30 P.M. Room 300 T'hird Floor City Ha11 and Coud House Salnt Paul. Minnesota 9. Remo�M for dvcussion 10- Resoluimn 98dOT_ - Aut�ownF t�c P�Kr Clry Mrlxis to m�e: mro t]c nn ssry aFrccmmiz �o attc�� +�A ex�+entl 52.500 of �nnt (un�lin� from �f�n�ss� Amaieur5parbCnmmisvonl.�Li5C1'MigMYwtlz forsponstt�n,pn��m um(or. x�wi�..n�r�. ann mm�nai io Y� �v a.nn.ess�o� n.�w a� no�.R.�.rt�a«n.,�. Crnmr. MoPted: Y<as -> N.�ys - � 1 L RemiuGOn 9P-10]3 - EzuE115M1mg a spendmg ptan (or lhe I.ocai L w Enbrart B�mk Gnm Itl remvcd from the Uurnu ofJUSt�tt MMnL tmeon. Mopte3 Teas-) Nays-� 12. Remlutlon98�IWa-CancurtinF��tTCBoartlofWaterCOmm�ss�onersaecL uan ot ttnain real Propcmes m Wm�ey. Moka. and Oakeu Commes ax snn, propenY antl mNOrizln69��clalm of t�e Cu�'v mmret In tM1e Properua m fevo m. noa.e. Mopted:TCas -> Nayz- D IS Rmlvt1en98�10'IS-AUtM1atlxln6�heDlrMOro(PuhlleWOrkslorMUCSte to FLnec»ta AW<8820.9936 fo� thc Cagn epeeL M a hortonml curvc an Via Sircct at Te�rmka Aven� ��<rscctlon. Atlopmd: Yeaa- ) Nays - 0 li. ReaWOan 98�10]6 - Csvabl�sTfng t�e eate af mmpensallon for ll¢ alass of u�nmos omn:i. . AtloP�R�� Yeaa - ) Nays - 0 I5. Femlmlan 9&IOT/ - FsbCllsMng ��e nle 0( paY (w !Le Illic of'LIEP Hdy L CaorElnatoC Mop�cd: Tns-> Nays - O I6. Rewlullon 984 W8-AUlhotlzing t�e proper Clq efllcials to Iseue a«funE el $eu2� Malla�lLty C�alqc lo HM Melro Bulltlns In ihe amounl of J I.ObJ 00 fdoptcC�. Yms-i Nays- O t]. PewW Wn 9Bd0'!9 -SetUng a pubile Tmtln6 ��e for DccemMr 23. 1998, to s�der Inereuing Ne S�w*+ �mtt Ava�WWl�q CMrg< I�q Gom St.000.0 SI.OSO.00beglnnlnBJanuary l. 1999. AEeytcd: Ym -> Naya - 0 ' 38. itexalutlonApprevinglaussmcnt984080-�nth<ma ing a perrtunmt easunem near tfie Interxctlen ef Kmny RnaE and Demto St and xning tlatc of puD��e heatlng (m January 2J. l999. IFlIC M 18856E1 AEOptcd: Yeas-] Nays - 0 19 Rcmlutlon AppmNng Aucs+mmt 98-0OBI -In Nc maller of inedcmning anE fng evscmenu near tM1C Inmrsmlon of Mari16e ian< eM Point Oeuglas eoad. scuing Eam of puDllc ��ng for January 2). 1999. �Plle �188]5£� Mopicd Yeaa-JNay�-0 20. Pre1�rtYnary Order 98�1082 - in lhe maVa of ImproNng Vic�otla Svttt �aeyentmr m.vlm�on Avenun w¢M1 Efmmvrous roaEway. mnemte eurb anC ter. roncrcte diMeway ePrortS anE outwdlks. Wu4vdid lMding. Irtt Plantlng. swmon or. �ana<.� an�� snung ry:tm,. ana el� oma.wrk o�ccssz.y �o aom improvemenb fot lhe Gmtw/HOyt 5[rttt PaNng antl ll�ting ProJ¢L md ae dam ef pub�lc ha�nglm Febrva+y 3. 1999. (Fl�e+18886N Adoptcd: Veas- � NaYs - 0 FOA DISCOSSIOY 5 FewluUOn 98� 106> - Flna��arig Qly Ceuncll acHOn pken Novem�er 12. 1996 4 Ing t�e appeal of MqNn Sple6lcr Pmpcnlcs LP m a tlMS�rn o( ID<nannmH �mme cpDroHng a parpng mmp proposed Ey Pak N Jet a[ Y951 Sfiepartl Roatl. Cwnetlmembcr Harrls movetl b Introdutt a substlWte rewNOOn nonng that Nne > �ypograpincal ertor m �hc or�gtrwl ttsolutlon. SuESUwm InvotlucM and atlopted: Yns- l Naya - 0 6. F<mWt�on 9&]O68 - �ons�dcrinS �T� nquezt of Poeja. Inc.. I<9 East llnrv� $unll[tflTy MiLVtGS DtCCmbef 9. 7998 A�cnw for a atay o! Councll F11c 98� 1012 adepted NmmCer l2. 1998. ycntlmg < ila mmiing wes rn11N te ortler at 3:50 p m. by Cauntll PttslEmt Bostrom. mination of �Aar<ase by tM1< Court ot Appeais. Presmt - Benanav. Blakry. Bos4om. Col<man. Hartls. IavM. ��«+-�. A0.senl - 0 P�� BfT^°• �m9ant Clty Atmmcy. statcd �M1at t�b ma<ter Imro�m t�e L wM1lch Pooja. Inc, appealed lu cax to t�e Court o( Gppeal% Bctert Uc appllcm CONSENT AGEYDA aOP�Y �e lM1e Court o( Appeals (ar a stay of enfommen� O( the Qty Counvl decslo Couvc�lm<mber llaMS r<queslM itcm 5 Ee rtmwN for tlizcussbn. must repvezmE a svay from t�e Countli. Smven %dly. 9s`utlgan and Kc11y law Councilmember B�akry requested Rem 6 be rcmaved fo� dlacuvioa - appearetl and statetl M1c waa appcaring �efort theqty CouncO on Dchalf of Poo�a, l�. Councllmemixr laniry rc9ues�M Ilem 9 Ec rcmmed fo� distuvion. _ .. rcquest t�e Cama'i stay tM1C tlrnla� of a Ilemx appLntlan. Mr. Rclty stoled tM1at N COW �f�ITGTbC� H,�.,. �,w.ru w� co�� ns��na .z amma.a �� n• =rv�� ro.< <n� CW AC11. 11�ne W 3 N��Cd�MtlO 25� p011tt <��IS l� Yma -6 Nays- 0 Pmperty. �oxevc¢ ��ere were ac�ually only IB polltt reports`ITCrt wasrlm a suta t�e mmpa^Y hM� �^ opeating wlthout a ��ttnse Nowe��r. tlty staff naE recomr. TOH ACfIOtt - M that Tnvel lnn tnttt In�o a mvugement apttment W[� [he Immer mmcrs pe 1 �pprer.tl of minute otOcmECr 28 anA NovemMr 4. 1998. -' y Aetlslon on Nc Ycenu. TLC stay uas granictl and, fiertlar<. Tn.<I inn wvs opn AdopKd Yms-9Nays-0 � ^ � xithtM1eopllontormulatMbyCitystefLMCKC 2. Clmms elJeann�e Gatl�n. Mark Cenareuz. Erik %avu�avgh. aM MR�tlIN'aylee 5Uy aM II tM1<weWiuoeu a�e rot met. lM1C stay can Dc pulietl. Re&rtal m t�e tlty Atmmeys Offcc. - � �irpJnia Paimer. Au�zvmt C1ty ritarney rtprcunting tM1c Ofiltt of Umse i�upcc 3 Mmm�srotive ONers � - and Emtronmcmal Roltttlon WE�. appcaretl antl ttatca tiwt UEP �s In op�ros¢ U00141]AU1�otlzinglAeDCFN�nm�ofFrcaMSaklY�stepay(oralltesls t�eaLY.S�eeMpl�at'OThnmatttrMSgonemOrcCOVrte(Appca1s.51evcrtKe!�) urrN �o liol� a Cneca� Strcu Inaaknt DebtleMg rn Sepmmber �), 1998. �_ ratM thai Pao�a. 3nc was ro� opentmF �nth a licmss Eemux lfiere wns a maw5�. D001618 Au�herlxing tM1e Department W Frte and Safey Sr+Ntts to pay fw all rosts aF�^�^�� Howcvec Mr mcwrM �o mmplem a female fnf�h�er rnvantt mt nornYnR atudy ��mer u1d It Is Importanl to notc lM1at thae nevet wes a llcensc. They appim? 000�619 Nncnaiin tM1e �998 b�Aet In the Depanmmt of Tee�roMpy and �R��4f�edeNed.]heAAmmistntivelawJUtlR��ldeterm:nMi�cre.� m.ma i Servmes 55.000 bud YiM Wr an in�em In 91P69 to ron. mnmuons umer rmm� tM1C Eus�ness eoW� opea�e. The Ceuna� madc a anr.mn gcn�m ty monnF A ��at �OC Dus�n�u fs tictr�mm�ai �o the public xeii being and sa&tv antl. for tM1at r� sulhng ob�m cMC, tTe Counal s�outC deny the rcquez[ !or a smy o( the tlrnlai. Countllmca�ha t DW I610 TmLatlz�n6 �� Cn Ven SeMtt 01ttt/AlarkcUng aM Promdlans lo yy �d � tlmy lh< stay. Ts Nts hnnershry <iR.500 DO for Wo kiosks wLICM1 w+ll Waally be bnmtl at t�c �optctl as ammLeE: Yeas -� Nap - O Mall of Nnenr.� vntl Umm� Dcpo� 9 Rewlvt�on 98-I W I- Aut�on ing �hc Preper Oty af11Ha15 to en:cr mu v`<'. No�etl as on fie in Ne C�q Ckrk's Offre. sary a6reem.rnis b acttP� anE upentl 55.000 W 6rant tunticg Go�� .+•:- S RaSOINIOn9R�1066-flnuLZmeCllyCOUn[ItacOenfakenOCte�erl�. /ypa�m�5pp5COmMS5fon1AV5C1'M mg i�e aypLCmmn M DonaiE F'raLle a�M 4even Wlnarcr b mnne D�MnY fmm ke��a�l iom krs at CPnvay Rn+ea4on Cmmr. R\I-2lrmdmual multiPlo-(amtly) m 82.0 ICOmmunlry BusiMas CanvertMl m allow Counalmcmper Blakry mmxtl aPpmwl an of n e1nF�r fannly �rn�zr 10 an Inmrantt o111tt ux a� 1388 Gnn�i benue bopleC Yeas - 6 Nays - O ACStmtlon - I l�amryl TCOp�M: Veas -] Nays - 0 2L Resolut�en 9b-ID83 - TaePling the 1999 tlry ef Saine Pau: �� Lov pa�i, 5 P�n�metl (e� <Ilxvvlon 1993. 4 RnwvN for tl�uuvlon Joe Rtltl. prttttar. O(�[e of Flmne1a15eMaa. dppeartd .v+E 5[me1. !hr�c'e ] Remivuan 98.IC69 - ApProN�G ��e �ealsion of @e Is¢slatlre Heatln6 O(ficn an mveau �n t�e tu le+y anC �t lollow� t�e mss�mum levy xt en.LC [` z�.e IYryanr Cale F.�Rnrnnw u nppeals Inr pmMnv IoneM at 6iJ Vir�lnla SVeel. 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Rewlutbn - 98.IW0 - Nnentlmg the I998 GP�� Impmxnrn� BuC6'�t by ��y�y BuEget. aM�n� 5380.000 �o �I�e IsOA Grovelami %aY Mea uW Sihwrk Prqn't Couk�lmemper Harxl: mwN aPG�'r+i n�4rynrtP Yra. -] Nay� - O Mopu+L Veae - 9 Nap - 0 � 99-��i� city of saint paul planning commission resolution fiie number 99-60 date September 10, 1999 �VI-IEREAS, PAWN AMERICA, file # 99-207, has applied for a Special Condition Use Permit under the provisions of Section § 60.534(6) of the Saint Paui Legislative Code, to allow establishment of a pawn shop at 1546 White Bear Avenue, legatly described as Hayden Heights, VacAlleys Accruing and Fol, Lot 42, Block 1, and WIIEREAS, the Zoning Committee of the Planning Commission, on 09/02/99, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantialiy reflected in the minutes, made tite following findings of fact: 1. Pawn America Minnesota LLC has a lease agreement with Greenfield Voehl Hafner Center LLC to rent space for a pawn shop. The proposed pawn shop would cover approximately 6,000 square feet, as shown on the site plan dated July 28, 1999. The applicant states the Pawn America corporate entity owns ten operating pawn stores in the state of Minnesota, including one at 1636 University Avenue in Saint Paul, and plans to open two additional sites this year, The corporate offices are in Eagan, Minnesota. The applicant states that the major business is secondhand retail goods with pawning being a secondary service. The applicant states that the proposed store would employ approximately 15 employees. Business hours are expected to be the same as other Pawn America stores: Monday through Friday, 10 a.m. to 8 p.m., Saturday, 10 a.m. to 6 p.m., Sunday 12 p.m. to 5 p.m. Staff finds that Yhe Pawn America proposal does not meet the Zoning Code reqairemenY that pawn shops be separated from residentially zoned properry by 150 feet. The evolution of the Pawn America proposal does not suggest to staff consistency with spirit of the pawn shop code amendment, but rather a repeated attempt to circumvent the standard of the code. As discussed in the F. History section of the staff report dated August 26, 1999, the series of submissions began with a store that, like the previous tenant, extended the depth of the shopping center building. After staff rejected that proposal based on distance, the store layout moved by Getvais seconded by in favor Unanimous against � 99-» it� Z.F. #99-207 Page 2 of Resolution was revised, with an apparent attempt to avoid the distance issue by adding an interior partition at the rear of the proposed store. The staff rejection of this second proposal, based upon a judgment that the new interior wall did not meet the test of a building wall clearly designed to divide commercial spaces, was met with another revision of the site plan, this time with the argument that the code requiremenY is met due to applicanY's new labeling of the space as "commercial space" and a stipulation that the space would be leased for another use. As noted in the staff response to the previous application, staff is aware of no history of this reaz area being used as a separate commercial space. The space is not visible from White Bear Avenue and no customer access doors are shown. As of the date of the staff report, the extent of information about plans for the space aze the statements of Mr. Tim Welch, attorney representing Pawn America, that there are a number of possibilities for leasing the space, that the leasing agent says there will be no trouble leasing it, and that, if no other tenant is found, the space could be leased by one of the other Riacman family companies, for example, for storage and office space. Mr. Welch also states that the rent for the space would be in the same range as for other spaces in the Hafner Centre. 4. 5ection 64300(d) of the zoning code requires that, before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantia! comp[iance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciG This condition is not met. Policy 5.2.4 ofthe City's Land Use Plan says that "the City�� will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts among boundaries beriveen residential access and commercial and industrial areas". It is the staff position that the pawn shop study and subsequent zoning amendments are an example of this policy and as stated in Finding 2, staff finds this application does not meet the distance requirement of the code. b. The use will provide adequafe ingress and egress fo minimiZe traffic congesiion in ihe public sireets. This condition is met. There are no changes planned to the parking lot or driveways for the center. c. Tf:e use wilf not be detrimenta[ ta the existing character of the development in the immediafe neighborltood or endanger the public Izealth, safefy and general welfare. This condition is not met. The requirement that pawn shops be separated by distance from residential land was amended to the code because of the concem that pawn shops cvould indeed be detrimental to residential areas, which is the existing character of the neighborhood to the east of 1546 White Bear Avenue. As staff finds that the application does not meet the distance requirement, staff also finds that the encroachment into the distance requirement may bejudged detrimenta( to the residential character ofthe ` � . Z.F.#99-207 page 3 of Resolution immediate neighborhood. 99-1�t� d The use wi11 not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the disirict. In consideration of current planning activities, ihis condition rnay not be met. In recent years, the White Bear Avenue neighborhood has become concemed about transitions in the area, marked by increased commercial vacancies and the introduction of Class B tenancies in the White Bear Avenue/Larpenteur commercial area. Issues of business condition and deterioration of neighborhood image have led to planning activities including the White $ear Avenue Small Area Plan which was initiated last year, and most recently joint issuance by the City of Saint Paul and the City of Maplewood of a request for proposal for planning services to develop a vision, functional issue analysis, and physical plan for White Bear Avenue, including the site of this proposal. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located This condition is met. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the auYhority of the Ciiy's Legislative Code, the application for a Special Condition Use Permit to allow establishment of a pawn shop at 1546 White Bear Avenue is hereby denied, based upon Finding 3, that the application does not meet the Zoning Code requirements that pawn shops be separated from residentially zoned property by 150 feet, Finding 4(a) that the extent, location and intensity of the use would not be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council, Finding 4(c) that the use would be detrimental to the existing character of the development in the immediate neighborhood, and Finding 4(d) that the use may impede the normal orderly development and improvement of the surrounding property for uses permitted in the district.