The URL can be used to link to this page

88-446 WHITE - CiTV CLERK COIIQCII PINK - FINANCE CITY OF AINT PAUL /J CANARV - DEPARTMENT P BLUE : - MAVOR File NO• v� - C cil Res lution �� Presented By �� Referred To Committee: Date Out of Committee By Date WHEREAS , Roy and Elizabeth Wagner applied for a license to do business as Motor Vehi le Salvage Dealer, doing business as A-J Auto Parts to be locat d at 106 E. Arlington, Saint Paul , Minnesota; and WHEREAS , The Council did old a public hearing on this appli- cation for Motor Vehicle Deal r license on January 6 , 1988 , upon notice thereof to the applic nt and other interested parties , at which hearing the Council heard testimony submitted on behalf of the applicants , staff reports and the public ; and WHEREAS , The Council hav ng heard the testimony and having considered the evidence presen ed to it as well as the previous action of the Planning Commi sion of the City of Saint Paul , does hereby make the following indings of fact: FINDI GS OF FACT 1 . The property at 106 E. Arlington Avenue is currently zoned I-1 , Light Industrial usiness , and Motor Vehicle Salvage Dealer business is a permitt d use in the I-2 Zoning District, not in the I-1 District. 2. The applicants acquir d the subject property in May of 1985 , and that previous to their acquisition the property had been used as a Motor Vehicl Salvage Dealer business under the ownership of Norm' s Auto Par s , Inc. The use of the property by Norm' s Auto Parts , Inc . was as a legal nonconforming use because the use was established pri r to the zoning re-classification to I-1 , and that it was a le ally permitted use under the zoning restrictions at the time suc use was established and operated by Norm' s Auto Parts , Inc. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� [n Favor Goswitz Rettman �he1�� _ Against BY Sonnen Wilson Form Approv d y City Attorne Adopted by Council: Date Certified Passed by Council Secretary BY By A►pproved by �Vlavor. Date Appcove b Mayor for Submission to Council By BY �= �� 3 . The last Motor Vehic e Salvage Dealer' s license issued to the subject property was or the period of August 21 , 1983 through August 21 , 1984, issu d to Norm' s Auto Parts , Inc . , and which business license was allowed to expire and was not renewed after the said expiration date . 4. The applicants are l � censed by the City of Saint Paul to do business as a Second and Dealer in Motor Vehicles and as a Second Hand Dealer of Mot r Vehicle Parts at 106 E. Arlington Avenue , Saint Paul , and these two businesses are permitted uses within the I-1 Industrial Z ning District. Therefore , these uses as currently licensed are permitted uses within the I-1 Zoning District and may be llowed to continue notwithstanding what decision may be had on he current application for a Motor Vehicle Salvage Dealer license . 5 . That on August 12 , 198 , application was made for a Nlotor Vehicle Salvage Dealer licens , for a term beginning August 13 , 1985 and to expire on August 1 , 198�. The applicant was notified by the License Division on Oct ber 25 , 1985 , that the application would be denied because no Sp cial Condition Use Permit had been obtained for the proposed us from the Planning Commission of the City of Saint Paul as required by the provisions of the Zoning Code. 6. By letter dated Octobe 30 , 1985 , the applicants notified the License Division that the would appeal the decision to deny their application to the Sai t Paul City Council and further, that they wanted information ow to obtain the required Special Condition Use Permit. Appli ants further notified the License Division by letter dated Octob r 20 , 1985 , that their application for Motor Vehicle Salvage Dealer license be held by the Division until such time as they had pplied for and obtained a Special Condition Use Permit. 7 . By letter dated July 4, 1986 , the License Division was requested to refund the appli ants ' license application fee and advised the Division that the were in the process of obtaining a nonconforming use permit for he subject property. 8 . On January 9 , 1987 , t e Planning Commission of the City of Saint Paul denied the a plicants ' request to re-establish the nonconforming use of Mot r Vehicle Salvage Dealer at the subject property based upon t e finding of the Commission that the proposed use would be incon istent with the City' s Comprehensive Plan, Zoning Regulations , and adjacent properties , the findings and conclusions of the Commissi n being set forth in its resolution number 87-07 , dated January 9, 1987 : 2 . ��-�� "To reestablish a nonconf rming use which has not been operating for one year or onger , the Planning Commission must make three findings of fact ; these findings and the applicants ' response to them are as follows : "a) The structure , or str cture in land in combin- ation, cannot be re sonably or economically be used for a conformin purpose . "Conforming uses in t e I-1 zone include ware- housing and wholesale establishments , trucking facilities , manufa turing, laboratories , public utility build'ngs , lumberyards , auto body shops , recycling centers , rental storage facilities and so on. "While some of these uses may be precluded by the City water ma'ns which cut across the property, others will not be restricted and, in fact , the property was used for conforming purposes after the previous nonconforming use was discontinued. "b) The proposed use is equally appropriate or more appropriate to the district than the previous nonconforming se. "The previous nonconf rming use , Norm' s Auto Parts , and the propos d use , A-J Auto Parts , are similar businesses -auto salvage. However , the City' s Comprehensive Plan identifies this area as labor-intens ve light industry and states in policy 4. 3-4 that ' in the evaluation of proposals for ind strial development, the City will use the c assification system and locations indicated o the industrial policy map as a guide. ' he plan further states in policy 4. 3-6 that ' the City will support development of less int nsive industrial activi- ties only when such ctivities are necessary adjuncts of intensiv industrial pursuits ' (emphasis added) . T erefore , reestablishing an auto salvage noncon orming use is not appro- priate to the distri t and is inconsistent with the comprehensive plan and the existing I-1 zoning. 3. @F-��--�� "c ) The proposed use is c nsistent with the health, safety, morals and eneral welfare of the community and is consi tent with the reasonable use and enjoyment of ad 'acent property. "To the east and cont ' guous to the applicants ' property is another salvage operation with several other similar businesses further east (Bauer Brothers , Wilso Auto Salvage and A-Able Salvage) . South of this parcel is vacant land, zoned A-1 , and wned by the City' s Water Department . West o this parcel are other vacant industrial-zone lots . Arlington Avenue acts as the dividing line between these in- dustrial uses and t e multiple family uses to the north. "The Norhaven home , residence to about 100 mentally retarded ad lt women, is directly south of this parcel . ublic testimony indicates that vandals and othe criminal elements use the salvage yard to gather and do pose a serious threat to th health and safety of the Norhaven resident and to residents of the McDonough housing area. Therefore , the proposed use is incon istent with the health, safety and general welf re of the community. " 9 . The denial of their appl ' cation for permission to reestablish the nonconforming use was appe led to the City Council , and the applicants withdrew their appeal prior to a decision of the Council so that they might apply to the Zoning Administrator for a determi- nation that their proposed use of the property could be allowed to continue as a legal nonconfor ing use. 10. On September 2, 1987 , t e office of Zoning Administrator, determined that the nonconformi g use as a Motor Vehicle Salvage Dealer had not been discontin ed for more than one year prior to the operation of that same business by the applicants. The Zoning Administrator ' s decision as as follows : "The evidence you submit ed overwhelmingly indicates that storage and disassembling of more vehicles occurred �-��-�� . continually through the ye r, and sales occurred sporadi- cally. Consequently, we re hereby approving the legal nonconforming use of 106 E . Arlington Avenue as a junk yard and have no objecti n to the issuance of a motor vehicle salvage dealer ' s license . "Anyone disagreeing with our opinion on this matter has an option of filing for an administrative review before the Board of Zoning ppeals within 30 days . " No appeal was taken fro this decision of the office of Zoning Administrator. WHEREAS , Based upon the following findings of fact, the Council does hereby adopt the fo lowing conclusions : CON LUSIONS 1 . It would not be approp iate to permit the reestablishment of a Motor Vehicle Salvage D aler at 106 E . Arlington Avenue. The property and the adjacent reas are currently zoned for light industrial uses , and the propo ed junk yard is inconsistent with the City' s Comprehensive Plan and the adjacent residential uses existing. Other reasonable u es can be made of this property, including the present uses be 'ng made thereof by the applicant pursuant to the existing busi ess licenses currently issued by the City of Saint Paul . 2. The previous business license for Motor Vehicle Salvage Dealer issued to Norm' s Auto Parts , Inc . , had been allowed to expire on August 21 , 1984, t e Wagners acquired possession of the property in May of 1985 an did not apply for such a business license until August 12 , 1985 The application on behalf of the Wagners in Rugust of 1985 f r a Motor Vehicle Salvage Dealer ' s license was made more than o e year after the discontinuance of the business by Norm' s Aut Parts. The alleged use of the property by the Wagners subse uent to May of 1985 would have been without the benefit of a license and therefore would have been an illegal use of the proper y. Now, therefore , based upo the above findings of fact and conclusions , the Council of th City of Saint Paul does hereby 5, Wh11TE - CITV CLERK PINK - FINANCE COIIIICIl J��f/'�'/) CANARV - DEPARTMENT GITY OF AINT PAUL ��' / / K/ BLUE �- MAVCTR File NO• � Co ci esol tion Presented By Referred To Committee: Date Out of Committee By Date RESOLVE , That the appli ation for Motor Vehicle Salvage Dealers license made by and on behalf of Roy and Elizabeth Wagner for the property at 106 E . A lington Avenue , be and is hereby denied, and the City Clerk i hereby directed to mail a copy of this resolution to the applic nts and to the License Division. 6 . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� in Favo coswitz Rettman � Scheibel A gai n s t BY Sonnen Wilson �R �� '��$ Form Approve City Attor Adopted by Council: Date Certified Pass unc.il S t BY— By � Approv y lWavor: Date � A — � Approved y ayor for Su mission to Council B BY �li$HED ti�t; 9 1 88 . , , . , f Council Research Cen#er. �'a 49s�.� ,�'•1 �tl�c� 1 DEPARTMENT ,�• � J�.�.� —: CONTACT MAR �3 �958 �� Y' PHONE �T1.�� DATE ��C'� � �� AS� ,� UMBER F4R ROUTING ORDER Cl i Al] Locat'ons for.Si nature .: ,� �p�tment Director Director of Managemen�/Mayor Finance and Management Services Director - City Clerk Budget Director � ` G�� •LI �City Attorney —' * WHAT WILL BE ACHIEYED BY TAKING ACTION ON THE TTACHED MATERIALS? (Purpose/ Q7'1 �aiJ�t�►� �i /��' � G� � Rationale) : � y � j � ��r'w'a' Vo� 4� � ,L1F,o,,+�r 9 - '� 1�o�or v.tki�l� ,I�(wy,� ��;/��f �: .�r-� /��'�d�1;�,v g � � - : � dG R /Qr(��• T �v `� `�1' 4f''c�yG"� ,, f � . �i f �,C,/'Ol4 � � i'� o� �o��`�t.+�� C`�Pi4� .�` � �� C-4w J�t i ��.�`oK� �c /1R.a�d`� � 7�»-�c f��'4`� COST BENEFIT BUDGETARY AN PERSONN�L IMPACTS NTICIPAT�D: FINANCING SOURCE AND BUDGET ACTIVITY NI�BER ARGED OR CREDITED: (Mayor's sig�a- ture nat re- Tota] Amount of "Transaction: qutred :if under " $10,00Q) Funding Source: Activity Number: . , � ��. TTACHMENTS List and Number All Attaciunents : . � ... . , ..:ti��.�. ,•�+��R. � . . . . . .. . . . . .. .., - ' . . . . ,.. . . . . DEPARTMENT REVIEW CITY I�TTORNEY RfVIEW �Yes No C�ouncil Resolution Required? ' Resolution i�quired? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes�No Insurance Attached: � (SEE •REVERSE SIDE R IMSTRUCTIONS) Revised 12/84 . - t:� , �- _,�,.. ., � � ,`�-. •' �`� � ' . . , CITY OF SAINT PAUL F... 4 `"� � � DEPART ENT OF FINANCE AND MANAGEMENT SERVICES � � ey �. F, �e' ""�'�"' e� ' ,• DIVt510N OF LICENSE AND PERMIT ADMINISTRATION °� ,�� Room 203, City Hall Saint Paul,Minnesota 55102 George Latimer /),.. ��._.t�(��p Mayor �/�- June 29, 1982 Norm's Auto Parts Inc Norm's U-Pull-It Inc 106 E Arlington Av St. Paul, MN 55117 Records of the License and Pe it Division show that the following licenses expire on Yr-Mo-Da: 83�-Q8-21 Mtr Veh Slvg Dlr 214.00 2nd Hd Dlr-Mtr Veh-- 2nd loc 53.50 Appn Fee 2.50 Please submit the fees for the above licenses to our office before they expire. You may be penaliz d up to 50% of your license fee for late payment. Checks should be made payable to he City of Saint Paul a�d mailed to: License and Permit Division, 203 ity Hall, St. Paul, MN 55102. This letter must accompany your remitt nce. NOTE: IF YOU HAVE 1 OR MORE EMP OYEES IT IS REQUIRED THE:T YOU SUBMIT PR00£ OF WOkKM.�.1v'S COMP�NSATIpN NSURANCE TO OUR OFFICE TO REiv'EW YO1JR Li�r.t�S�. i�;c�i;i�r]r'.NT UF MIhh�k;SUT SIAilJTE SECL1Gn' 176.�1. . � ' IIdSURANCE C�. ��e �Ui��e.[ � � Lt.�1e�u..._ � �t�e —r 6'I5, POLICY N0. ,��-o�� ,3304/ EXFIRATIQA3 DATE� ' (�9 I HAVE NO EMPLOYEES LICENSE DIVISION �� , � �3G� �-a 9-�s INSP CTOR'S COPY ��Y� ...�-�� .CIN F SAINT PAUL (:. ( � I�� _ DEPARTME T�OF FINANCE AI� °- �- � � MANA EMENTSERVICES E AND � Q �NO�uh ' APP�ICA ION FOR LICENSE APP�-• NO. R H J 2 2 USH CHECK i ' NEW ❑ RENEW� �� -,- �I--�'o��i�� v � ��N�� TITIE OF IICENSES l�� — �M .. � y 00 FkOM �. _� � � �_ TO � '��C 19 � --�•-=� �� 1` � i � r 1� _\': � . � � rr•, � � �i s.i r ., 1 ^� ,'� % t . .��. 1. ' ` � �_ � �� , :� 100 . � IOD BUSI ltDDRtSS � . �. . TEI.n RCt�rVEC iME SUM pf . � RESIDEN� � . .. TEL.NO. . � . 1� � •'� { ..._�- ` ��y TOTAI _,� 1 1 . .•� � .� :y I ,��. . :ICENSE�NSPfCTOR ,, i : 8Y , \ i - . SIGNATURE OF APP�ICANT REPO T OF INSPECTION VENDING MACHINES C l/ �`' G�� BUYER'S C NO. / �� FEDERAL�tETA�I BfEf�$ AI16��! %� ,�� . FEDERAL RETAII UC'lUOR STAMP `;��'� � �=�w , _ _ _ ._ IF C�t�P ,R�TIGN,- NAMES,AbDRFSSES,?IT�ES OF OFFICERS: / .•.;� 1 J'rr.;.:� '� - --t;� ' �' � � �_ --- -_. � � , /�. � , ' _�� .� �� `! ,,,.�.- l G_� ��✓i �. _ ` -- " � ��-' �' ' �'S�� i tEMARKS: . ,. _ . . ,r,a.,�r/uCASE �;�` � � �y� Y�1 AfY4CYED �f�' � � ,+�•''�'" a REJECTED \ �� ;:�} .i w { DATE - ...._ _,_, / a �, „ , - - � !• �� . � .�. _ `"::_ :•.2:''`. - '= "� - � Y �"�y, x , � � 1 ,4 • � i ��,' � � `1 � �� .. ,.�;' �'r .�, �..: • , � �... _ � ,�i.., l � Transmit to ZONING AD INISTRATOR•Code Enforcement (�(�. C��p : ��a O � CITY SAINT PAUL DEPARTME OF FINANCE AND � MANAG ENT SERVICES �APPL. NO. R V J 2 2 ir,oicl.Te APP�IC/�T ON FOR LICENSE CASN CMECK • /..: ,� ` NEW ❑ RfNEV� : ; I•.`: ':: ,s DATg IICENSE NO. � TITLE OF IICENSES ��,�: f:- . .....: • ; .. � a' :: . • . s ! l00 FROM " ' � .79 TO � •• ' . 19 . . . . . .. � . ' .. . ... � � s �s 3 r � 3 � , . �� 14, !' f , ,�, � . .. A►PU NT . . ' . y• lOD , , � � �� . . i �., . . 100 MIESSNAME .... �� . • .. . ��"`•... � � S r .:.r.1. 100 BUSINESS ADDRESS ,.� . . . .' A . . . �` ' TEL NO'� �� RESIDENCE TEI.NO. �':CF NED TNf SUM OF .,..�.(�- � � :tt TOTAI -•� F'r • 100 L i . • . '' 10�0 . . i!CENSE INSPfROR # BY SIGNATURE OF AVPIICANT REMARKS: �• c � � Z � � �� y ^ ... _�.� - �q,��—�—..--.—��-..—_. . � � . • � '•c � j T . I � "• � � `}, '• , � � . /' . � �+ ' ISSUANCE OF LICEN �S A�� f r• � SEXTUPIICATE t f. � .a . � . . 8 REJKIED 'r ,ti . ,�.° . . _ , . {�. •:�� , _ � .. . , . . � ' .'. _ . . . . , . . .. . . �p��: � _ � .. 42. . . � � . . ' . . • � ' - DATE . � . LICENSE INSPECTOR � .. ys. � .,, � 1 R/w I ` Tl ;+` " W� �Cr f 7..y t' ._ ��.4 � . 'Y: � � µi . ' � : v:�.;.�1 - .f - •f,sc 1. -L•t!.. �k - � J . � � y �." �t ' . � �� Transmit ta tlEALTH MSION for Inspedion �� /► CITY OF AINT PAUL DEPARTMENT F FINANCE AND 8 9 2 2 �� MANAGE NT SERVICES ��APP� NO. R ,N�,UTE APPLKA710 FOR LIGENSE CASN CHECK � � NEW � RENEW'� �'' 1 ' � '° f ; DATEf I�CENSE NO. ' TITIE Of IICEN5E5 �` •� , �j� .,,,,�,_ .., c .. . .. , �. � F•. .l }' `� : ` � � 1� . . .��`f � FROM %'• .^.l j - • `' _~19 _ _ TO i " 19 , G } � -� � •r ^ 1� ,J r i ~ ..,i �r• • �� E �.t. 1 .+ i �. � ��., ` 1 . �� .. . . .... r . A ll ' . i �. . .` . 1 ^ .. : w..i �'^ . , ,._ �r J i r � SS NANVE � ',� . . �f� � ' 7 � „�i {�' • � 9USitrE3�ADOaL55 - • • � . , rEL. � RESIDENCE � TEi.NO. �ECE�VED 1NE SUM OF . t f !�. TOTAL � ! ' � . �. . • f , i i . )00 " , � . f � .'=fNSE WSPECTOR � i BY � � SIGNATUREOFAPVIICAN' REMARKS: " % 1 . � • - --- ----______------ ; i / yi t 1 -°- 4t 1 , .� p�tl pvsRE�pR OUADRUPLICAiE - � 8 APPROVED 19 REJECTED pp� MEALTM OFFICER . . . _ . . ...c .. .___.._. . _ . .._ . . . ._... t,mer�rurtt.�UU �.7 �' , �a, � '►� , ,` � ` , ,.��8_ , �. �, , ,r�' Trcnsmit to FIRE PREVE ION DIVlS10N for►nspection �� , !�y �, .�H ��. /`` CITY OF AWT PAUL / DEPARTMENT F FINANCE AND _ ___ ___ _ � � MANAGE ENT SERVICES �'APPL. NO. R � 9 �Z ,NOiU,TE � APP�,ICATI N FOR LICENSE , CASH CHECK - � : � j � . r>: .._ r NEW � RENEW� :,, J r,,. is DATE � U�ENSE NO. 11TLE OF[ICEhtSES , � . I �.�J 1• FROM �� . � � ,. �19 TO �' .. � .. -- i 19 _ �. _ . ._., , ... r .. � � ^ � s -' t , t W i . t.. `�° , j .. � — . . � ' . ' ' • . ' ' � • ° AVPII, •.fT' . . . � • � • . . {ql .. . �.,. �.. . . . . . . . - � � ... . � f ;r, � � _ s= .. � � 100� B 51NESS�NAME ��. �.:- �� .. "�' . � -��. � p-�� ' � .•'i J 1 s 100 BUSiNESS DRE55 •�. . • • � � � ' ' � •- TEL. a �� RESIDENC£ TEL.NO. i�nvED TME SUM OF � TOiAI '� �r �t00 ..-j . . ��. _ . . � � . _ . . � . , . . ! BY ' � SIGNATUREOFAPiUCA17T ��,�=ENSE wSOFCtOR � . " REPGR OF INSPECTION FIRE HAZARDS EXITS ' EXTINGUISHERS HEATING PLANT , � . _ , . ♦ b, � � � `' `1 '� DECORATIONS • LIGHTING RiRE RECORD f2EMf�RKS / �r 1..�- E W IDMG IN57ECTOR REPORT � � . . � - . . g=15= g 3 . . c`��t.nn� , � , DATE a INSPEQOR UJi�1TVPlIUTE J � APVROVED I9 -- � a�JECtEC DAtF CN!ECiMSPECt�R � C��a ��r" � - , , , � Januar 6, 1988 8. Second Reading - 87-1841 - An ordinanc amending Chlpi2r 170 of the Le�islative � Code by proh�biting the dumping of tra h & refuse in City parks/parkrlays. (I.�. ;357) Laid over to January 7, 198� for Third eading. APPLICATIONS - COMMUTIICATIGNS • 9. Letter of District Energy submitting tl�eir financial stateme�ts for the year ended September 30, 1987. Filed. . � (cc �12904) Upon request of Councilm�mber Scheibel the Council agreed to consider item �27 on t±�e agenda because the attorney i volved was also scheduled in court on 8tt�t�2!" 1 t2fT1. PUBLIC HEARItt6 27. Hearing to review application for Mot r Vehicle S�lvage Dealer License by A-J Auto Parts located at 106 E. Arlington. (Laid over form D2cemb2r 9th) Councilnember Rettman revievied th2 it m and the consideration by the Planning Comrnission ar.� said the �lagner's have en �vorking to establish a cont�nued use . for this property. Wendy Lane of th.e Zoning Administ at�r`s office �xpl�in�� the Plannin9 Commission action on an application t continue non-cor�for►ning use which was denied and since then the Zoning Adm nistrator has changz� p�sitions that a 1eg31 non-conforming use has not ceased for more than one y?ar. Co��nc i 1 mem5er Rettman sa i d i f the 1 i ce se di dn't exi st i t coul d noi: be conti nued as a non-conforming use and, F�ir. Carche i said it was never a jun�: fard and it � was an auto salvage dealer. Mr. Carchedi said his recommendatio is based on staff reports and is for approval . l��ndy Lane explained the September, 1 81 decision and said a copy was sent to the liistrict Council an� an appeal was ot filed. 8ill Rosen, attorney represent�ng Ray Bev Wagner, reviewed the history of the item and said errors were made and th Wagners have been prevent�d from doing business and the cost to them is unbeli vable. He said the mistake ��as made and the Zoning Administrator recommended c rrection and he revieaie� the entire process and he said in August, 1985 hey were told to make application to r�in�*.,*P the no��-canforming use. F;e aid uccor�ing to th� ir�ves�ic�ation they ' found the bvsiness has continupd to A gust, I985 and beyond and there was a l�icense to Norm's A�:ta Parts in effect hru Rugust, 1985. He said �ney withdre4v tneir appeal for n�an-cor�for�ing use b sed on this �r�vpstigation and pursued a chang� in the �oning Adrn�n�strator's o fice and in Aug��st, 1987 they s�.�bmitted i�.`or�nati�n tr� the Zon#r�g �idministr�� r �nd on S��e,:�b�r 7tn tE,�y z"cCe1Vt� a let�er stating that the evidence overvheimingly indicates contYnued use and copies were sent to various offices inc uding the District Council. He said the District Council met last night and con inued to oppose b�causz th�y don't want , � an au�o salvage yard on this property nd he said this is not a valid r•eason to ' d�ny the application for a licens2. � ' U�on q��estion of Councilmember Scheibe , htr. Segal said tne zoning and license issues should not be confused and aft r the zoning appeal was 4rithdraam the a,�plicant pursued and received a change in position by tne Zoning Administrator. N� sai� the issue before th� Cot�ncil i th2 license �pplication at�� Jh�th�r �a appr��r� or deny. On q��estic:n of •Councilmember Scheibel , Ms. Lane said they found that the use of a jun'� yard has not been discontinued f r more than one year. t"r, Carched� said there is no license t this addresss since F2bruary 1, 193� � ar�d f�r. Rosen said Norm's Auto Parts fi ed for bankruptcy in June of 1984. �;� s�id t�e 4Jagners meet all the requireme ts of the licensing ordinance and s^o�.�ld be granted the license. On q�_�esti�n o` Councilmember Scheibel , Mr. Carch�di and 1•ts. Lane said they both (Discussion continued on follolying page ) , � � . ��-�� . ' ,' ,� January 6, 19�3 i (Discussion continu�d from previus �age ) recor,mend approval �f the licens2. � !�r. Segal clarified the item befor the Council concerniny the license ap�lication and explained the previous zoning items and said th�� Zoning iss�e has be2n deter;nined and denial of t e license must be ~{�:�L d on other facts u�?ess there is a fin�ing of fraudulen actions by the Zo�tit�g r�d,�ninistrator. Councilmember Long expr2ssed concern a out a change in decision two years after th2 original decision was made. Sharon Voyda, representing District 6 Planning Council , said they are not at issue with the 4lagners but are concer ed about tf�e use of the property and thQ Oistrict Council is making a study of he .entire area. Upon G;,estion of Councilmemb�r Rettma , Ms. 'Joyda said they received th� letter of tne decision by the Zoning Admin strator but' didn't know whether it was �1-op�r of District Council to file an ppeal . �o��ncilme,�b2r P,ztt�^?n referred to h us?ng related usAs ►�� rie ar�a and said thzre a�e eighty acres o` untouc�ed pr pert;r an� t�� area ne�ds a redev?1op�ent plan a�d she believes and the Distri t Councii believ�s that the license had lapsed fo� m�r� th3n o.ie ye�r. h�s. Voyda said she thinks the lice se should not 5e issued in lieu of the d�velop��nent plan. � No one else appearzd and Councilmembe Rettman noved that the public hearing be closed. Ado;i�d. Yea s - 7 Nays - Q Caunc i l me�nb�r ftettman referred to in o�r�ation in January of 19�'� submitted by th� >.agner's attorney revie�ving the history of the pr�perty and stating ti�at f3orms discontinued business in J�nuar of 1984. Councilmember Dimon� said the issue efor2 the Council is zoning and licensing �•�hich are interrelated and the Counci must deterrnine whetner th�y wer•e actually out of business. Councilmember Long said he agrees th t zoning is really the issue and it would be proper to deny tne license based o an error on the Zoninr decision. Councilmember 4lilson said he will su port denial and thinks t�e zoning ordinance is clear and must be uoheld. ' Councilmember Rettman moved deni 1 of the app� ication t•rith the necessary resolution to be pr�epared containi g the basis for denial to include facts submitted by the applicant's attorne that there was discontinued use in January of 1984, based or� the fact that the roperty was purchased in May of 1985 which � �•ras longer than 3S5 days after use iseontinued, that there is no license shown to be issued since February, 1984, hat no non-conforming use vras established �nd that a r��'evelo��^�rit pldn is bei g �repared fvr th� area. Counci �mem�er 5�nnen said she is a ainst tfie motion althoug.h sh� agr�ees that � • neiynborhoods shoulci have a say in hat they tlant but she thinks the time did • lapse for filing an appeal and e must follow a proc�ss. She said the arpr-a�riate actiun should have b�en to a�pe�l the Zoning Admtnistratar's ac�ion an� it rras n�t up to the Council o deter�nin� zoninq �ss�:�; uflless th�,� ar�e ' ap�ealed. Councilmember Dirr�ond said he grees procedures must be follo wed but neigh5orhoods get worn do�m with he rings and should be protected. Councilmember blilson said ultimate y the Council is responsi�le to upho�d �he • � law and the zoning ordinance has 5e n violated. Councilmember Scheibel said he wi 1 oppose tne motion and he tninks mistakes have been made but the license is ue �s• the only matter b�fure the Council. Upon s�ggestion of i�1r. Segal , Coun ilmember Rettman said denial s�ould also b� bas2d on the preparation of th� r development plan tiiat i•;as a�opted by the Cour�cil f�r th� area and also base on the fac� that it is n�t �a prope� use ►`ar this zoned prop2r�y and the com pr hensive plan disagrees :��ith the use of• the � prop��ty for junk yard purposes nd that the Planning Commission previousl, de��,ed a non-conforming use for the property. R�11 call on denial based on reason previously outline:l. . Adopted. Yeas - Nays - ( Sonnen & Scheibel ) - 7 - . 1��c V FI� �.�•,.• C ITY OF SA I NT PA U L , :=-:��•' •=;-,, . _.• ;'_.. OFFICE OF THE CITY CLERK £: =: �: i'°i° Q� ALBERT B. O150N, CITY CLERK i,,; ,,f �w�o,NnT��w�,,-=` 386 City Hall,Saint Paul, Minnesota 55102 612-248-4231 GEORGE LAT{MER MAYOR February 26, 1987 Alanning 5ta,ff, Zoning Sectior� llth Floor City Hall Annex Dear Sirs: At today's Council tt�etir�g an appeal �af Roy and Elizabeth Wagner to a decision of the Planning Conmi ion for property at 106 E. Arlington was withdrawn. ., ry�truly our , � � � � �c�� Albert B. Olson City Clerk ABO:th �tsr e V P ��7 '!' �` ':�� -. • ITY OF �NT PAUL s. �,,,� � ., C 5 �� ;,,,,,' �� DEPARTMENT � PLANNING AND ECONOMIC DEVELOPMENT �� _ �iu, A� DIVISION OF PLANNING 25 West FouAh Street,Saint Pau�Minnesola 55102 '••• � 612-292-1577 GEORGE IJ�TIMER MAYOR Fcbruary 6, 1987 Albcrt Olson, City Clerk Room 386, City HaII St Paul, MN SS1Q2 RE: Zoning File #10073 - Roy R. and Eliza cth A. R'agner City Council Hcaring: Fcbruary 26, l9 7 PURPOSE: To �p�cal a dccision of the Plan ing Commission which denicd a Nonconformiag Usc Pcrmit to rc-cstablish a auto salvage operation at 106 East Arlington. P ANI�t�JG CQ��IISSIQN DE I 1QN: De y (18-0� ZONING COMMITTEE DECISION: Deny ( -3) STAFF RECOMMENDATION: Deny (origi al recommendation was to approve) . �,TFPORT• None OPPOSITION: District 6 Community Coun il and two other persons testified in opposition. Dear Sir: On lanuary 8, 2987, the Zoaing Committce of the Ptanning Commission hcld a public hcaring oa an application for a Nonconfor ing Use Permit to rc-cstablish an auto salvage operation. Auto salvage is a permiti�d use in the I-2 zaning distr�ct, the appticant's property i� :.��.c:a �-i. ;i,� �c�:ciunec testified. !�t hc closc of the public 3�e�r:ng, th� Cor.�mi�:ee . voted 6 to 3 to deny the permit based on p blic testimony. On Jaauary 9, 1987, ihe Planning Comrnis ioa uphelQ the Zoning Committ�e's rccommendation oa a unanimous voice vo c. ' This rczaning is schedulcd to be heard by the City Council on Fcbruary 26, 1987. The City Devclopmcnt and Transportation Commit ee will review the appeal on Monday, February 9, � and.slidcs will bc shown at that timc. Sinccrcly� � �►��-��1��--- Donna Datsko Planncr II D D:ss Attachmcnts +y�1 r r o�., �4 "tT ir' �o� •� CITY OF AINT PAUL �, , ��,�,,,,, , DEPARTMEN OF PLANNING AND ECONOMIC DEVELOPMENT � "�� ` � DIVISION OF PLANNING w �..• 25 Wat Fourth Street,Saint Paul,Min�esota 551Q2 612-292-1577 GEORGE UTIMER MAYOR MEMORANDUM DATE: Fcbruary 6, 1987 TO: Devclopment and Transportation ommittee Members FROM Donna Datsko, City Plaaner, PED Zoning Soction �" RE: Wagner Appeal -�- -� " � " - 'I'his memo is to revicw for y�"thEZonirig cc�on st-a�f'posiiion which ft�lly supports th� • Planning Commission's deniai of a Nonconf rming Use Pcrmit for property locatcd at �Ob East Arlington to re-tstablish-a junkya�r . r'�-- ' " � -� � As you may note f rom-the-a�compan�ing-d �ut�ctit"s,_fhc flrigina.Lsta�f .report presented to thc Zoning Committce on January 9 was to support the issuance of a Nonconforming Use Permit. From a review of the application aterials, surrounding land uses and unusual property circumstanccs (water mains cut a_ _oss a�o�rtion.�f.th�r.operty) it appcared to staff that this nonconforming auto salvage operatioa mct thc critcria for the re-cstablishing of a nonconforming use and that a �ermit houTd�be iss�d..___ —__ -- --- - From tcstimony presented at the public he. riri.g bcfore.the Zoning Committee and from closcr scrutiny of tho zoning ordinaace an the comprehensive plan, it became clear to committcc mcmbers, aad to�sta-�i'; tha�-fe-r -esta�iish a junkyard at�ihi��location was- unncECSSary, inappropriate, and inconsiste t with the comprch�nsive plan. These findings arc rcflccted in the resolution which was s bsequcntly passed by the Plannin� Commission � �::d �L-:;;; i� i:,c?a:�eu in tt:is �acket. Two points not meniioned in thc resolution but wi�;cn are germane to this appeal are found in th . zoning ordinaace undcr Section 62.102 Subd. I intent�of (nonconfarming uses). This sccti n states, "it is the intent of this code to permit legal noncoaforming .., usts existiag on O ober 25, 1973, to continue uatil they �re removed but not to cacoarage thcir survival." Furt er i� that scctio�t is ihc statcmcnt, "sueh useS are dcclarcd by this code to be incompatible ith permitted uses in the districts involved." These citations indicate that first and for most, nonconforming uses �rc incompatible uses in the district and that only upon close scrut ny by the Planning Commission can such uses be • ' rc-cstablishcd once thcy are discoatinucd. Thcrcf�re, while the original auto junkyard at � this location, Norm's, was givcn a noncon orming use permit because it eaisted prior to Octobcr 25, 1975, there was ncver any ass mcd approval to re-establish a junkyard at this location, particularly since more than 365 days passed between Norm's ceasing to operate and the Wagncr's rtqnest. _. - -- � /��'�a �� , , ,• , � � ' Dcvelopmcnt and Transportation Committee embers Fcbruary 6, 1987 Page Two � Thc appcllants' have statcd in their grounds f r appeal that the Planning Commission errcd in its dccision which denicd issuance of the n nconforming use permit. They contcnd fhat the critcria for issuing a nonconforming use p rmit were satisficd by their proposal. Three elcmcnts must be revicwcd by the Planning Co missioa to re-establish a nonconforming use which was discontinucd for 365 days or longe the first is that "the land and structure may not be used for a conforming purpose" The a pellants' parcel has both water and sewer • cas�ments which cut across it in two locations. The rasulting lan configuration is some what unvsual and precludes some developments whi h would need a larger, developable site. Howcver, once Norm's ceased operation, the la d was uscd for permitted, I-1 uscs. This indicates that whilc the parcel may have unus al characteristics, it is not restricted to sole usc as a junkyard and permitted uscs caa be es abtished there. The appcllants havt also statcd that a qualific rcal estate appraisal has concluded that "tho highest and best use of the property was as im rovod and currcntly being utilized as an auto salvage dcaler" The phrase 'highest and best u e' is a real estate term which mcans "the property use that at a given point of time ia dc mcd likely to produce the gre est net rsturn ia the foreseeable future' (emphasis added). T e `highest and best usc' is pur�ty dcfined by . cconomics and not by compatibility with zonin or with adjaccnt land uscs. Thcrcfore what may be economically advantageous may or may not be the `highest and bcst usc' in relatioa to the ad jacent ptapeFt�nwne�s or the commun ty as a whole. `�c;,�!f u..::, Thc second critcrion for rcvicw is that the "pro osed use is equally approaria;e or more appropriate to the district than the previous no conforming use" Both the previous and proposcd uses are junkyards. However, the zon ng code clearly indicates that nonconforming uscs are "incompatible with permittcd uses in t e district" Thereforc continuance of a nonconforming junkyard is not appropriate to t e district. In its resolution, thc Planning Commission citcs several comprchensive plan p licy statemcnts which rcinforce the finding that the proposed use is inappropriate to the dis rict. The final critcrion is that "The proposcd use is onsisicnt with the hcalth, safcty, morals and ___.;.'. '�'C'.�;.:C G� .L;C CG:':i..'�:::ity and •,S COIIS.�I I1i 'r�li�`. t:�C fC35G1I�a4J�C USe aAcj CIIjJj�'I11CII: of ad jaccnt property" 'i"he land uscs to t�e east of this parcel are other noaeonforming junkyards; tn thc wcst is vacaat industriai land and the Trout Brook rede clopment arca. 1Vorth of this parcal is tlie McDanough housing addition and south is addit onally zoned I-1 land, including both vacant and devcloped parcels. The Norhaven residence is also located to the south. �� Whcn property in the City was rezoned in 1975, his arca was specifically designated I-1 and � not I-2. This indicatcs that it was not the City's ntontion to cncourage such I-2 uses as . junkyards in an area whcrc redevclopmcnt dolla s werc being directcd and whcre residential uscs would be affectcd by visual and aural pollu ion and potcntially malodorous conditions. In conclusion, thc Commission recognized the ex e�lent reputatioa of the Wagncrs but feit that the location was inappropriate for the rc-est blishment of a junkyard; staff concurs. DD:rm EnClosures . . � . ��-�� A'PPLICATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUL R E C E I V D File � ` O v [ � o� J A N 27 198 Application Fee S �� 1 ZONING Tentative Hearing Date 2'2L'8�- App 1 i cat i on i s hereby r�ade f or an Appea 1 to the Cit Councal under the provisions of Chapter 64, Section 206 , �arag�x of the oning Code to apppal a decision made by the Board oning Appeals x Planni g Comnission on January 9 , 19 87. Zoning Administrator (date of decision) Planni g Administrator Other A. APPELLANT Name Ro R. Wa ner and Elizabeth A Wa ner Daytime phone (612)645-7244 Address 1388 Sheldon 5t. Paul MN Zip Code 5�f08 B. DECISIOM BEING APPEALED Roy and Elizab th Wagner/A-J Zoning file name o P ar s In . Zoning File � 10037 Property Address/Locatior� 106 E. Arli gton Ave. , St. Paul, MN 55117 Legal description see copy of le al description attached C. GRQUNDS FOR APPEAL (Use additional sheet if necessary.) r►:{�lain why y�ou fPPI th�re has been �n rror in any requirement, permit, decision � or refusal made by an administrative off cial , or an error in fact, procedure nr finding made by the Board of Zoning Appeals or t e Planning Comnission. ) Error in decision of the Planning mmission, as the land cannot reasor,ably or economically be used for a coaf rning purpose, the proposed use is equally appropriate or more appropriate to the district than the previous nonconforming � use and the proposed use is consis ent with the health, safety, morals and genEral welfare of the community and is co sistent with the reasonable use and enjoyment of adjac�nt proper� See atta ed statement of If you have any questions, please contact: �PPeua�t. C�-��' d'� � c�'iP' � •. Applican ' n a � ��lc_ � �� St. Paul Zoning Office � 1100 City Hall Annex O1/26/86 `� 25 West Fourth Street .- Saint Paul , Minnesota 55102 Date City agent (298-4154) 9/82 . ,� . � ��-� STATEMENT IN SU PORT OF APPLICATION FOR APPEAL FOR N NFORMTNG USE PERMIT APPLICANT: Roy R. agner and Elizabeth A. Wagner 1388 Sh ldon Saint P ul, Minnesota 55108 ZONING FILE NO. : �0037 PROPERTY ADDRESS: 106 Eas Arlington Avenue Saint P ul, Minnesota 55117 NAME OF �WNER: Roy R. agner and Eliaabeth A. Wagner Proce ra o tu e Roy R. Wagner and Eli abeth A. Wager (hereinafter the "Wagners") appeal the deci ion of the Planning Commission of the City of Saint Paul, denying their application for a nonconforming use permit o reestablish a motor vehicle saZvag� dealership under he name "A-J Auto Parts, Inc. " at 106 East Arlington Avenu� Saint Paul , Minnesota 5�11? . On o November 25, 1986, the Wa ners filed their Application for � Nonconforming Use P�rmit it� the Saint Paul ZoMing Office. On January 8, 1987, the Z ning Committee of the Planning Commission voted six to t ree to recamir.end denial of the noneonforming use permit and on January 9 , 1987 , the Planning Commission deni d the Wagners ' applicati�n. The Staff R�port af the Zoni q Committee had recomrnended approval of the applicat on for the nonconforming use permit. � P��'-�� . Factua Back round Roy and Elizabeth Wagn r purchased the property at 106 East Arlington Avenue in Ma , 1985, from the bankruptcy trustee of Norm' s U-Pull-It Auto Parts, Inc. for $420, 000. Norm's Auto Parts was an a o salvage company which discontinued operation in anuary, 198� . The business was an I-2 use in an I-1 zonin district and Norm's Auto Parts had been granted a nonconf rming use permit for a use lawfully �stablished prior to the �ffective date of the zoning code, October 25, 1 75. Because the nonconforming use was discontinued for o er one y�ar, the Wagners are required to reestablish th nonconforming use by obtaining a nonconforming use permit The Wagners, who are ifelong residents of Saint Paul, � have operated motor vehicl salvage dealerships for nearly 25 ��ars. �'hey owr�ed and perated A-1 Auto Parts & Salvage, Inc. at 388 Como venue (Como Avenue and Western Avenue) in Saint Paul for 20 �rears be�are they sold the business in February, 198 . Motor vehicle salvage is the • ' only business in which th Wagners have been engaged, and ` Roy Wagner had worked for Max Reiter at A-1 Auto Parts since he was 13 years ol.d The Wa�gners also owried A�1 Auta Towing and Salvage, Inc. n Pine City, Minnesota, which 2 , . , � ��-�� they sold in January, 1986. The Wagners have opera ed successful businesses and they have been sensitive t community needs and corporate responsibilities. When th y purchased the site at 388 Como Avenue and established A-1 Auto Parts, the property was surrounded by a chain link fence and had two ramshackle houses u�ed for storage an office space. The Wagners tore down the old houses and bu lt a new, attractive building. They also removed the old encing and installed a new, yellow, tight-w4od fence w th shel�ing on the inside. The Wagners have been active in civic recycling and clean-up campaigns. Durin the time they operated A-1 Auto Parts at 388 Como Avenue, rse neighbors of the community were so impressed with th improved apgearance of the business and with the exc llent continuing maintenance of the �roperty, that they n minated the Wagners and their company �or t�e Golden Br on� Award. In recogni�.ion� of • their commitment to city eautification, Saint Paul Mayor George Latimer presented hF Wagners with the Golden Broom Award in 1979. iscussion Chapter 62 , SectiOn 102, subdivisiQn 5, paragraph 5, of the Saint Paul Zoning ode provides that a nonconforming 3 �� use permit may be reestabli hed after it has been discon- tinued for over 365 days, i it is shown that: (1) the structure and land cannot reasonably or economically be u ed for a conforming purpose; (2) the proposed use s equally appropriate or more appropriate to th district than the previous nonconforming use and (3) the proposed use ' s consistent with the health, 5afety, �orals an general welfare o€ the community and is onsistent with the reasonable use and enjoyment of adjacent property.. The Zoninq Committee Staff eport, in recommending approval � of tMe nonconfoz�ning us� p rmit, found all thr�e criteria were met. The Planning Co ission erred in its decision denying the application, w en the three criteria were satisfied. Z. The land and structur may not be used for a conform- in ur ose. Conforming uses in th I-1 zone in which the pr�perty is located include warehou ing and wholesale establish- � � .a:ents, trucking facilities manufacturing, laborator.ies, public utility buildings, umberyards, auto body shops, recycling centers, and ren al storage facilities. In the present case, the use of e property is limited by the ' fact that the Saint Paul ater Department water main cuts diagonally across the mid le of the property. The Water Department will not allow storage or buildings erected over the water main areas, whi h is 60 feet wide. 4 , � �r-��-�� , . : In addition to the wa er works easement, there is a sewer easement which runs iagonally across the southwest corner of the property. T e easement is known as the "Trout Brook Sewer Easem�n " and it is 50 �eet in width and contains a six foot sewer. No building is allowed over the easement and the grade mus be kept as it is. , The unusual land conf guration zesulting from the easements precludes many u es of the parcel where a greater intensity of developed lan is required. ee Zoning Ca�nmi�tee Staff Regort, p. 2 . When the property was sold by the bankruptcy trustee f Norm' s Auto Parts, a professional real estate a praiser, Dwight W. Dahlen of Dahlen and Dwyer, Inc. , Sa nt Paul, Minnesota, made an inspection and appraisal o the .property. Mr. Dahlen concluded that considering the existing land uses and zoning, the highest and be t use of the property was as �mproved �nd currently bei g utilized as an auto salvage , dealer. See excerpt of Ap raisal of Dwight W. Dahlen, attached. The groperty is best u�ed, where, like th� Wagners, the owners requir a substantial amount of land area in relationship to bu' lding area. 2 . The proposed use is e ally appropriate or more a ro riate th n the revious nonconformin use. The previous noneon�o ing use, Norm's Auto Parts, and the proposed use, A-J Auto Parts, are similar businesses -- 5 . , �� . , auto salvage. The propos d use, therefore, is equally appropriate to the distric as the previous use. 3 . The proposed use is c nsistent with the health, safety, morals and ge eral welfare of the community and is consistent wit the reasonable use and enjoy- � men of ad 'acen ro t . The Wagners' property is nearly surrounded by similar I-2 uses within an I-1 zon'ng district. To the east and contiguous to the Wagners' property is another auto salvage business, Bauer Brothers S lvage, 174 Arlington Avenue � East. �ast of Bauer Broth rs and contiguous to it is Wilson Auto Salvage, 208 A lington Avenue East. Wilson Auto Salvage was moved by t e Port Autho.rity of Saint Paul in 1985 to its present loca ion. Just east of Bauer Brothers is another motor v hicle salvage company, A Aabel Auto Parts, 228 Arlington A enue East. There are two other mo or vehicle salvage businesses nearby the Wagners: AAA Au o & Truck Parts (also known as • . , Brac' s Auto Parts, Inc. ) , 1 36 Jackson Street; and All State Salvage, Inc. , 1354 J ckson Street. Brac's Auto Parts was moved by the City of Saint Paul approximately ten years ago to its present lo ation. In addition, Twin � Cities Salvage Pool, 1280 J ckson Street, a supplier of used motor vehicles for the area auto salvage businesses, is c�ose by. The number of auto sal age businesses in the Iocale, 6 , . ��.�� . . . which is largely an I-1 zo ing district, demonstrates the City' s desire to concentra e these businesses in one area. This is further shown by t e relocation of Wilson Auto Salvage and Brac's Auto Pa ts to the area. Except for the multiple family residentia housing development to the north, McDonough Homes Add'tion, the surrounding land use is industrial, if not auto salvage busi,nesses. The Wagners have obta 'ned written consents for the nonconforming use permit om nearly all of the property ownc��s within 100 feet of th� Wagn�rs' property. In addition, the City of Sai t Paul Department of Planning and Economic Development has ' ssued a letter of intent to approve the Wagners' site p].an. The Wagners have planned for additional landscapin of the property, which will include planting of four kyline Honeylocust trees along the western edge of the p operty, 40 Bailey Red 'Fwig�ed Dogwood �hrubs alor�g the orthern edge, and three Coiorado . Greer� Spruce trees along he southern edge. Access to the business will only be ont Jackson Street and wi1l not � interfere with access to he housing development to the north. The landscaping d the already existing obscuring , fences enclosing the pro erty foster the use and enjoyment of the adjacent property. 7 r V" �/� \ Con lusion For all of the foregoin reasons, the decision of the Planning Commission should reversed and a nonconforming use permit should be issued o Roy and Elizabeth Wagner for 106 East Arlington Avenue. Dated: January 2 �, 1 87. DUDLEY AND SMITH, P.A. . gY ,,��►. C� G9��-'�."`' Davfd w. Larson Steven C. Opheim Attorneys for Appellant Tenth Floor West First National Bank Building Saint Paul, Minnesota 55101 Telephone: (612) 291-1717 Attorney Registration Nos. 60483 and 169�80, respectively 8 �,� g�-�� 4��``T*�o'�� . • CITY OF SAINT PAUL � ` DEPARTMEN Of PLANNING AND ECONOMIC DEVELOPMENT + iiii�iit i�i o � � DIVISION OF PLANNING ,... 25 West Fourth Street,Saint Paul, Minnesota,55102 GEORGE UTIMER 6�Z�292-�57T MAYOR January 13, 1987 Roy R, and Elizabeth Wagner 1388 Sheldon Saint Paul, A'IId 55108 Dear Mr. and Mrs. Wagner: On January 9� 1987, the Planning Co ission, by a vote of 18 to 0, denied your request to permit the reestablishmen of a nonconforming use for auto salvage at your property located at 106 East Arlington Avenue. You may appeal the decision of the P anning Gommission to the City Council by filing an application for appeal by anuary 27. The application is a��ailable from this office and would require a fee of $185.00. Please ca12 me at 228-3395 if I can e of further assistance. Sincerely, � �� I ! ��+ � Donna Datsko Planner II Zoning Section cc: File #10037✓ Zoning Administrator ' Lice:�se Ir►spector District Council C.O. . � . , . � �-�� city of saint paul planning commiss�on resol tron file number 87-�� . �te January 9, 1987 WHEREAS, Roy R. and Elizabeth Wagncr, fil #lOC°7, have applicd for a Nonconforming Use Permit under the provisions of Section 62.102 Subd. S (5) of the Saint Paul Legislative Codc, for the purpose of allowing the reestablishment o a motor vehicle salvage operation on property located at l06 East Arlington (Southwest cor er at Jackson Street) legally described as (attached); and WHEREAS, the Zoning Committee of the Pla aing Commission on January 8, 1987 held a public hearing at which all persons present were giv n an opportunity to be heard pursuant to said application in accordance with the requireme ts of Section 64.300 of thc Saint Paul Logislative Codc; and WHEREAS, Saint Paul Plannin$ Co�mission, b�sed 4n tht evidence pres�ntcd to its �onittg Committee at thc public .hearing as subscquc tly reflected in the minutes, made the following findings of fact: 1. The applicant purchased the property in ay, 1985, from the bankruptcy officer handling the Norm's Auto Parts property; Norm's was n auto salvage company and ceased operation in January, 1984. Bctween that date and M y, 1985, parts of the property were rented to Morley Bus Company (for bus storagc) and B an D Radiator Compan'y but no salvagc operations occurred. 2. Thc applicant would like to establish A- Auto Parts, an auto salvage operation. This use is a nonconforming ust ia the I-1 zoning dist ict. The A-J Auto Parts business would occur in con junction with A-1 Ustd Cyele Parts a d B and D Radiator Company (the Ivlorley Company no"longcr leases storage space hcre). Th total number of eniployees at all three businesses would be eighL � ( optinutd) m��d t'�/ Morton .r.� `.�.�p� �/ Zieman 7GVV� �v �✓� in favor Unanimovs against . � , . , . � ��-�`� city of saint paul planning co�mmission resolu ion . file number � date F;i� #�003� Page Two 3. To reestablish a nonconforming use which has not been operating for one year or longer, the Planning Commission must make three fin ings of fact; these findings and the applicants' response to thcm are as foilows: a) The structure, or structurc in land in ombination, cannot reasonably or economically bc uscd for a conforming purposc. Conforming uses ia the I-1 zoae inclu e warehousing and wholesala establishments, truckiag facilities, manu�acturing, la aratories, publie utility buildings, lutnbcryards, auto body shops, recycling centers, rc tal storage facilities 1nd so on. While some of these uses may be prec uded by thc City water mains which cut across the property, others will not be so restric cd and, in fact, the property was used for conforming purposes after the previo s nonconforming use was discontinued. b) Thc proposed use is equally appropria e or more appropriate to the district than the prcvious nonconforming usc. . The previous nonconforming use, No m's Auto Parts, and the proposed use, A-J Auto Parts, are sirnilar businesses--auto sa vage. Howcver, the City's Comprehcnsive Plan identifies this area as labor-inteasiv light industry and states in policy 4.3-4 that "in the evaluation oC proposals for industri devclopment, the City will use ths ciassification �v�te**� ar�i I�e�t��*�s in�icated on Yf: in�lustria� po�icy ma� �s a guidc." The p1?n fo-t�e- states in policy 4.3-6 that "the City ill support deveiopmeat of less intensive industrial � ' activities �nlv whcn such activities re n�ce�sarv ad i�ncts of intensivc industrial � pursuits" (caiphasis gdded). 'Thercf e, reestabtishing an auto satvage noncoaforming use is not appropriate to the district an is ineonsistent with tl�e camprehensive ptan and the czisting i-1 zoning. ., ontinued) � moved by seconded by — in fav�or against_____ • . � ' • ta �Q `L` ' r" r , � city of saint paut p�ar�ning commission resolu ion f i!e number � date File #10037 Page Thrcc c) The proposed use is consistent with th health, safety, morals and general welfare of the community and is consistent with the easonabla use and enjoyment of adjacent property. To the east and contiguous to the app icants' property is another salvage operation with several other similar businesses furth r east (Bauor Brothers, Wilson Auto Salvage and A- Able Salvage). South of this parcel is vacant land, zoned I-1, and owned by the City's Water Department. Wcst of this parc are other vacant industrial-zoned lots. Arlington . Avenue acts as the dividing line betw en these industrial uses and the multiple family uscs to tf�e north. The Norhaven home, residcnee to ab ut 100 mentally retarded adult women, is directly south of this parcel. Public testimon indicates that vandals and other criminal elements usc the satvage yards to gather and d pose a serious threat to the health and safety of the Norhaven rtsidents and to residents f the McDonough housing area. Therefore the proposcd use is inconsistent with the health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED, by he Saint Paul Planning Commission, that under the � authority of thc rity's Legislative Codc, the pplication for a Nonconforming Use Permit to allow the reestablishment of a motor vehicle salva e operation at 106 East Arlington (Southwest corner at 3ackson Street) is hereby denied. moved by 5econded by in fav�or against- • 1 , � / �(-'� '_ ' ��r M � � MINUTES OF THE Z NING CONIIvIITTEE , ,�. CITY COUNCIL CHAMBERS, ST. PAU , MINNESOTA ON JANUARY 8, 1987 PRESENT: Mmes. Morton, Summers,Tracy a d Zieman; Messrs. Christonson, Lanegran, Lcvy, Neid and Repke of the Zo ing Committee; Mr. Scgal, Assistant City Attorney; Ms. Lane of the Divisi n of Housing and Building Code Enforcement; Ms. Murray, Ms. D tsko and Mr. Soderholm of the Planning Division staff. AB ENT: Nonc The mceting was chaired by Gladys Morton, hairman. R Y . AND LIZABET WA NER #1 7 ; A Nonconforming Use Permit to allow the reestablishme�t of a motor vchicle sal�age o eration oa property� located at 106 East Arlington. Ms. Datsko showed slides of the site and rev ewed the staff report, with a recommendation for approval. The applicant submitted a pe ition from neighborhing property owners attesting thcir support of this use; they hav also submitted a site plan which states they wiil do a complete landscaping which was p aposed by Norm's Auto Parts but nr�xer finished. District 6 Land Use recommende approval but District 6 Council unanimously recommended denial. Stcven Opheim, W-1080 First National Ban Building, attorncy with Dudley and Smith, introduced the applicants. He stated that t ey have been in the business of motor vehicle � salvage for the past 20 years and stressed t e uniqueness of their operation; they have been in this type of business for a lifetime and ave been sensitive to needs of neighborhing land owners. Mr. Opheim described landsc ping to be acco�nplished by the Wagners on this property. He stated that the site plan was pproved by the Planning Division and that with only onc exception a11 property owners wit in 100 feet of 106 East Arlington signed consents for this permit application. D. D. Wozniak, .130 Amhoist Tower, stated hat hc owns property on the southwest corner of Ar:ington and Jackson and spoke in oppos tion to the permit. Ht stated that his undcrstanding is that the entire area is to e upgraded and that junkyards are to be phased ' eut. Hc questioned why a nonconforming use which has cxpired vvould be considered for • renew�al by the City. A4r. Wozni.ak siatcd t at a junkyard with its att.e�dant noise, waste, disruption and traffic would be a dctrimc t to the neighborhood. He showed a map and , dcscribed t}�e arca, statiflg that many new additions havc improvzd that part of Saint Paul. Sharon Voyda, 1021 Marion Strcet, comm nity organizer for District 6, tcstified in . opposition stating that on )anuary 6 their district voted to recommend dcnial of the �� nonconCorming use; she stated that it was not their intent to reflect negativcly on the current property owners, their current or previous rclationships with ncighborhoods. District 6 feels that the property is locate in an cnvironmcntaliy sensitive area and askcd that a special land use plan be cpmpleted by the City priar to enco�raging further dcvelopment. 'Phe City Council approv a laad usc pla9 in ]980 and in May, 1983 Distri�t b Council again asked for a 40 acre stud . Ms. Voyda stated that public and private funds are going into the devclopment of Trout rook, now referred to as Wheelock Way, which is across frorn 106 East Arlington. � . � _ , . � . �;��'-�'� ` ` � ` Filc �c 10037 Pagc Two . �� Pcter Sa jevic, 1394 Jaekson, owner/direetor af Norhaven residential facitity, vigorously urged rejection of the permit. He stated th t general upgrading of the area has been promiscd for sevcral years and this is a "wi dow of opportunity" for the site in question, a ma jor opportunity for rehabilitating and b autifying the area. He stated that the saivage yards attract criminal elemcnts to thc area nd that it has been a moral and safety eoncern for Norhavcn residents. Ms. Summcrs asked if the operation under nonconforming use had ceased for one year why the permit was befora tho zoning cam ittee. Ms. Datsko citcd the section in the code which refers to reestablishing nonconformi g use. Hearing no further testimony, Ms. Morton losed the public hearing portion of the meeting. Mr. Ncid asked about restrictions on build ng there due to the location of the water mains. Ms. Datsko rcplied that the problem involv s the water main area only which is a very small part of the total area. No storage or building would bc possible therc dve to the need for acctss. Ms. Summers mada a motion to deny the N ncanfor�ing Use Fzrrnit. lv(r. Lcvy stconded the motion which passed on a roll call vot of 6 to 3 (Christenson, Lanegran, Neid). Submiited by: A rovcd by: � ! �►1°�-�( � �� ' � �'�� U Donna Datsko Gladys Morton, Chairman , � , ., � ��-�� . � ,� ) ZONING COMMITT E STAFF REPORT _______________ _____________ FILE #10037 1. APPLICANT: Roy R. and Elizabeth Wagner DATE OF HEARING: 1/8/87 2. CLASSIFICATION: Nonconforming L'se Per it • 3. LOCATION: ]06 East Arlington (Southwest orner at Jackson St.) 4. PLANNING DISTRICT: 6 S. LEGAL DESCRIPTION: On file 6. PRESENT ZONING: I-1 ZONING ODE REFERENCE: 62.102 Subd.S (5) 7. STAFF In'VESTIGAI"ION AND REPORT: DATE: December 17, 1986 BY: ,Donna Datsko ---------------------------- ----------- --------------------------------------- ------------------==--- ---- ------ ---__------ ------______�__ A. PURPOSE: To allow the reestablishment of a metor vchicle salvage operation. B. PARCEL S1ZE: The parcel is irregularly s aped with a 60' wide diagonal strip of land owned by thc City's Water Department running no thwest to southeast through the parcel; the site has 364' of frontage on Jackson and about 15' on Arlington for a total parcel size of about 190,203 square feei. C. EXISTING LA�1D USE: The property is u ed as B and D Radiator Company and A-1 Used Cycle. D. SURROUNDING LAND USE: North: Multiple family residential East: Industrial Sovth: Industrial �1'est: Industrial E. ZQNIN� F3ISTORY: Site plan approval as given for the construction of a building addition in 1981 to be used for storage purposes on y. F. FINpII�GS: l. The appl.ieant purchased the property in May, 1985, from tt�e bar�kruptcy officer handlina r�:� !��,rrn'� ��.,,r� rart� nr�pA.ty; Ner 's s��ss an aut� salva�� cc,m�any and ceasad operation in January, 1984. Between that date and May, 1985, parts of the property were ° rented to Morley Bus Company (for b s stora�;e) and B and D Radiator Company but no salvage �perations occurred. 2. The a�plicant would like to establish A-J Auto Parts, an auto salvage operation. This use is a nonconforming use in the I-1 zo ing district. The A-J A�to Parts business would occur in conjunction with A-1 Used ycle Parts and B and D Radiator Company (the Moriey Company no longer leases sto age space here). The total number of employees at all three businesses would be eight. 3. 7"o reestablish a nonconforming use hich ha� not been opera*.ing for one year or longer, the Planning Commission must mak three findings of fact; these findings az�d the aFplicants' respunse tq iherr� arc as f Ilows: a) The structure, or structure in la d in combination, cannot reasonably or economicallv be used for a conforming purpo e. " Coni orming uses in the I-1 zon include warehousing and wholesale establishments, trucking facilities, manufactur ng, laboratores, public utility buildings. lumber}�ards, auco bociy shops, recycling cent rs, rental storage facilities and so on. . ._. . ��-�� ,, � r�le #10037 . Page Two The applicant has stated that thc use of his property is limited by the fact that Citv water mains cut diagonally across th property. The Water Department stated that no scorage can occur or buildings creece over water main arcas. The unusual land configuration resulting from ihis arr ngement does preciude many uses of the parcel where a greater intensity of develop o land is required. ' b) The proposed use is equally appropr ate or more appropriate to the district than the previous nonconforming us . The previous nonconforming use, N rm's Auto Parts, and the proposed use, A-J Auto Parts, are similar businesses--auto sa vage--and exist in an arca where other sal��age uses are already grouped together. herefore, the proposed use is equally appropriatc to the district than the previous use c) The proposed use is consistent with the health, safety, morals and general welfare of the cammunity and is consistent wi h fhe reasonable use and enjoyment of adjaeent property. To the east and contiguous to the a plicants' property is another salvage operation �vith several other similar business s further east (Bauer Brothers, Wilson Auto Salvage and A-Able Salvage). Sout of this parcel is vacant land, zoned I-1, and , owned by the City's Water Depart ent. West of this parcel are other vacant industrial-zoned lots. Arliagton A cnue acts as thc dividing line bciwen these industrial uses and the multiple fa ily uses to the north. The applicants' parcel has access o ly on to Jackson Street so traffic uses associated with the business will not iaterfer with acess to the McDonough Housing area to the north. ?'he lot is enclosed with an obscuring fence at this time. 7'herePore, the proposcd use is consistent with th hcalth, safety, morals and general welCare of the community and is consistent with he reasonable use of ad jacent property. G. STAFF ANALYSIS: 1"he layout and size o the existing building, the existing obscuring fences, the uniG�ue land configuration and the economic or psychological benefits resulting from the groupzng of similar uses along A lington all indicate that the reestablishment of a vehicle salvage operation at this location i a reasonable land use if all Code requirements can be met. As stated in item #3 above, these onditions are met by the applicant. In addition, and although not requircd by the Code, th applicant has submitted a petition of signatures from neighboriitg property owners who al attest their support to this use. H. STAFF RECONiMENDAT'ION: Based on indings 1 through 3, staff recOmmends approval oi the Special Con9ition Use Permit. C�N I NG Ff L� �� ' y [ � (�/�7 T , � , � z � � � `'OGO � ` ' �' - < �-` � � _ ' a� 2 ` � - ,•t � �' �� .. � ~I a � � � � • . � , ' �.. � _ ��. t~ �.�-+ '`. . �� --�. , � �� , � . � � � �, �� _ � r � �J'r �'o w� '� � � � � �� -OOYK- -_ . • I ( I 1 � �- / � . . ° o s � � l r d w � ` / � � �+ • .'C I .�. / p ��,�' __--___ -__ ,� � ' � f • i 1 I � � ./ . � �� ,� - � 'a � ' � � ' ( ' / i'i�� . '+ ' � . � �� q � i i , � 1 � � /i � fl � � / � E ' � , � � i � –°°�oot– � � � � � ` � -- ¢ ! i ' 1 � � � / � . i � - . � � � , i � +► � _ i , ' 1 • / 1 ' � v � �,�-+� � � � . . ' ��3 O �3 � , � �9 � � 'i ` � , � . t Ot '�.:. � � � r , !� ' � � � •� � / / / �� _. � ' � b , , . . ! !� _.�... / �� 6 i � ! t � fi,�' `. � . � • " ' t i ¢ � +r . . . � :,'; � . s ♦ ! � � 1 ` , ' � .� � ,�� .. . . i � � ( � , ` ' .. . �Ii ' i " . ' • :� - � � � � .. . � •� , . . �,� . _ - ��, . - . - . � �,.�� . - ' ' �-� . • � � ' . ` . .. _ � . ° � ```�� . � +' � �. � � _ . . ' � `�, � � . . . � . . .� � 1 � {• � X/ t' . . a . .' _ � �� ° �� . � . � � � . ^ ` ', ; . : . � = :. ,� : - � � � • t� � : - � `�_� . � � � � '� _ , ' � � , ; • ' `'� �� _ -_. ; . , � � � � ; � �� r , , , , . � � r . ,<, � � � � ' � ..� ^ � � � � . �� ;� ^ . • � : \� �. �9 iv � � . S'y .' . � � � � . • . � `a� . .` . '-'--_-_ '"''�-�-�� L � .. . _� - .�_ ___--��`` � . . . - . _ _ . �� . , " � � � � i . • ��.� . \ 1 . � � 1 � ` _ . , . . , � . ' -. - ' ,s` s, "''� • ' � � - � ; , � ' . . , ,��a�.�. '�� .� .�� 1 � � � ' R' ,�►v.�Xr" � 11� '.I c�.�. - ' � . �� , , 9 . i � � _ a-. . . � _ . t .�, , J"`-'� � 1�j . . 9 - � . . . � . _ 7',. _ .. .�y . � }� ' 1 � R . . ` .� � . . «� .. � r � .. • " . so , .�- �� , . • W . ' n s ' �: r�.' .,: - �- ' ,�! . 9 . - ` � — , L< _ . ` �`t . "' �- �� - r _ .� �,� . ��:� � �� T � i ' O z �� ..`�, � ��`,—�_��_ ';� �� ' � i o � ? � g � A f --��___ . . � Z • - �� % � � • + 1� �1�' �. � r K � ' . _ � , � 1 ` ` � � � . � 1 ..1�.�.1.._. ; '� '�' `r -- 'eo�:.s_ ` p. o � i . . . . . . _. i� i . N . �3ais �os�r�vr _ .r� : " ' . . . . .4 J. . F : . . . • . � . . � . . . �_� . . . , . . �� .� � � v �� . � � vv..vv�rr ��` \ O � �� v � � . ____ ___ _ MOUSIMa � o�. � . � � , ,,• , �'Q` �'�� - O � -� ____ . ___ _ , � o ___ v_�F__ _ _ e + ___ _-_ ____ 0 � 4 C� . = -- ---- , 4 � � �. \ \ 4 ----� � ...--- \!4 � � � --- n � .I � , �.� :_!_ --__ �P�. • i ��- -- : ' �`_ 4 _.___ _— __ � �(`� --- ��!� � �4V �� _.._ � -'T�'TTTTZ s ! 1 � 1 1 � � � s - j � j I t 1 MJ I � t i. a S O � 1 1 I 1 J i � i i � i � 4� 4 1 1 1 � 1 . . • � � � , . . � . r h .�..�...r�� • --� � �� ' .. ( . ._"( �. . � � � s � � : � � � . � � � • � i - � rt�TE R c r�rwFKr .. i ! . �o ( �� G � . . — � �� i i � Y ' \ 1 � � - " � � � � � } . - ------- -- - -- ------ - _ 1 v � , , • � � �\ ° . � � _....�� , , i � - ! � . I � � � ' . � �- . . �� ,'�r"�,�'-.'�'..''�� _ .....� ' .�'. �.;; '"•,�. .�� •J I �:� `�s. � . +..�• �•�� t�.`•�t•�:i �__.. .. .�.ea_s._� ��-.�iz:�.r.c.:al"a�r .+ � .. � . . . . • • . ' . . . . . . .. � ' � . ��.•f•:'S'.�: i/ A EA MAP APPLICANT n � E I i LEGEND -- — ZONING DIST�ICT BOUNDARY � a �<<!1� SU8.3'ECT Pi2C►PERTY P�'P.POSE - — - • _ ` � ..�, O � ONE FAMILY P�ANNING � '�� Ol ST RICT ¢ TWO FAMlLY � Fl�E N0. O Q� (� MULTIP�.E FAMiLY � DATE 3 17 �� i� � � � � , � COAAMERCIAL � 5CALE � I" = 200� NORTH � � � �NDUSTRIAL MAP N0. SA1�1T PAUL PL�NNING 80AR� V VACQNT � r_. , ' �� /� � , . �T � T ��_ ` �� S �INT Pr,L;�T C � � OU� � IL , . PUBLLC �i.��G �0 `�ICL * , � ,-, LICE�iSE ��P � LTCATION �: �;� � T0: District 5 � � ' � ��• 18667 � This is to notify ou that on December 9, 1987, the St. Paul ��-�pO�E City Council wiil e reviewing the application for a Motor Vehicle Salvage De ler License at 106 E. Arlington Avenue applied for by A-J Auto Parts �r��I C�,'�T A-J Auto Parts uQC�`�T(�j�j 106 E. Arlington venue December 9, 987 � � 9 :00 a.m. �� -�T�C City Council hambers, 3rd :Ioor Cit� :a11 - Court House By ;.icense a. d ?er.nit Division, Depart�ent o= :'_�2ace and T , � uanagement S rvices, 3oom 203 Cit� dall - Court :ouse �tOT�C� 5�:�1T r , Saint ?aul, �nnesota 298-5056 This datz may be chan�ed with ut tne cor_ser.t an�;cr ;.�!ewledge of t`�e License �nd Permit Division. _t ;s suggested _`:at �cu ca'? t�?e C�t,r CZer'�' s Ot��ce at 298-423I �� you wisn cor_��.-z�t_on.