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88-902 WHITE - CITV CLERK PINK � - FINANCE GITY OF SAINT PALTL Council CANARV - DEPARTMENT � BI.UE - MAVOR File NO• -�O - �C ci Resolution ��;��, . (�7 Presented By Referre Committee: Date Out of Committee By Date WHEREAS, John Rupp DBA W. A. Frost an Company at 374 Selby Avenue has requested an extension of On Sale Liq or Service to include a seasonal outdoor patio and also for a Modification of arking Requirements for the seasonal outdoor patio to reduce the required ff-street parking from 119 spaces to 0 spaces; and WHEREAS, notice of a public hearing b fore the City Council was duly mailed to each owner of affected property withi 350 feet of the property for which the license was sought; and WHEREAS, the City Council held a publ c hearing on May 17, 1988, pursuant to said application; and WHEREAS, the City Council based upon vidence presented at the public hearing, as substantially reflected in the min tes made the following findings of fact: 1. The patio for W. A. Frost opened in 1976. Liquor was served in the patio. The size of the patio and the nature f the operation have not changed since that time. The patio has approximatel 30 tables. 2. License Division records indicate that a restaurant license was issued in 1976 for 100 or more seats and has bee renewed as required since that time. This license includes the patio area. However, under the terms to the L gislative Code the liquor license for W. A. Frost only covered the inside ser ing area and did not include the patio. When this situation came to the City's attention the applicant was informed that he must have his license amended to nclude the patio space. 3. In a letter to the License Divisi n, the applicant wrote that he believed that "the patio was legally establishe in 1975, at the time of the license transfer" and that "every year since 1976, he license has been renewed with all , or substantially all , of the council members believing that the license included the outdoor dining area." con nue COUNCIL MEMBERS Requested by Department of: Yeas Nays i Dimond Lo� \ [n Favo Goswitz Rettman � sc6e;bei _ Against BY Sonnen Wilson Focm Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY gy, I#pproved by �Vlavor: Date _ Approved by Mayor for Submission to Council By BY WHITE - C�7V CLERK PINK . - FINANCE COl1I1C11 G CANARV - DEPARTMENT GITY OF SAINT PAUL /� BLUE - MAVOR File NO. " �D� - � Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date 4. In 1984 the City Council amended t e Legislative Code to establish parking requirements for establishments wi h liquor licenses. The City Attorney has determined that outdoor patio spac must be included in computing parking requirements. Under these requirements the estab ishment must provide 114 spaces for the patio based on the patron area of 5152 s uare feet for the patio. In addition another 5 spaces must be provided to compe sate for 25% of the parking shortfall for the existing indoor area. 5. W. A. Frost has 48 parking spaces n two lot all of which is required for its indoor operations. It is not feas ble for the applicant to find additional parking for the patio. 6. There are 3 large trash dumpsters ocated in the parking lot to the south of the patio. (The applicant told staff hat only one of these dumpsters belongs to W. A. Frost and the other two serve o her tenants in the building.) The dumpsters are located at the rear of the lot This location puts them near several apartment buildings. Staff receiv d a phone call from a neighboring resident asking if something could be done bout these dumpsters. Specifically she complained that the dumpsters were not screened and that trash pick-ups take place as early as 4 A.M. If W. A. Frost had a bigger parking lot it might be possible to relocate the dumpsters farther from the apartments. But given the limited size of the existing parki g lot this does not appear to be practical . ( ontinued) COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favor Gosw;tz Rettman Sc6eibel A gai n s t BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY— By t�pproved by Mavor: Date Approved by Mayor for Submission to Council By BY WNITE - C�TV CLERK PINK � - FINANCE COU�ICil CANARY - DEPAR7MENT C I TY O F SA I NT PA U L BLUE - MAVOR File NO. s�o� � Counci Resolution Presented By Referred To Committee: Date Out of Committee By Date Therefore the variance should be ranted subject to conditions to reduce the impact of the dumpsters on nearby residents. First, the applicant should be required to build an enclosure to screen the dumpsters. Second, the applicant should make efforts to schedule t ash pickups for after 7 A.M. 7. The modification can be granted w thout substantial detriment to the surrounding neighborhood. The patio operated for a number of years so even though the calculated parking shortfall is q ite substantial granting the modification would not add to the parking dema d for the area. NOW, THEREFORE, BE IT RESOLVED, by th City Council that the request to extend On Sale Liquor Service to include a seas nal patio and Modification of Parking Requirements for the patio space from 119 spaces to 0 spaces by John Rupp DBA W. A. Frost and Company at 374 Selby Avenue be and the same is hereby granted, subject to the following conditions: 1. The applicant shall install an en losure to screen the dumpster. This enclosure shall be completed no later than ctober 15, 1988. 2. The applicant shall attempt to res hedule trash pickups to no earlier than 7 A.M. COUNCIL MEMBERS Yeas Nays � Requested by Department of: Dimond �� In Favor Goswitz Rettman a .-�� _ Against BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified a - b Coun ' Secr tary BY gy. Approv Mavor: Date i�i �'� I�D Approved by Mayor for Submission to Council � By - BY pUQIISl1Etf �`�'`'� 1 1198� : ._ ��--�°� �. ., � �„�.�,�,� �„�� i��:fi1 ��I��i' Mo. 0 01�5 4 bir. J. Ca�ched� _ � o�n�w.�orr or�crnA wroa ian�erer� - Kris Schweinler-VanNorn _ ' � — �.�� «� ` " � �nance . na„� — �a� � Council _Research & ,Management 98-5456 ono�: � «r�,►� — , - Affirm Council action taken 5-17-88 appro ing a park#ng variance and request for extension of On Sale Liquor Service area o the s�asonal pati�. alec�weMCit�oN.:urvp►w.�y o►!�l�� ca,�cu. �ronr:. x��o oo�aoe cnn�sf�c�issrori w� on� �wu.vsr wa►�no. �-�� a�'�/ �'��Y� s/ er,�s ��oa as�g aooi,r�o.�oo�o• _,ro�w,o�."�r _�"�• o�cr couNCw ,�� i�ra�rs wwc��oou+cw 6e,�cm� — - Cpuncil Research �enter � MAY 2 6�� : ..w�,MO.�o.cr�.»�ue,oProirru�.n►lw�+�.w�,a�.,nn,e�.,M,.ro.wnr>: On May 17 Cit Council a roved the re e t for ark'n vari ce d te sio , ' oF�, the �n Saile Liquor 5ervice Area fo r�t. . Fros� �nd �ol�pany �a 1��. �ros�, a� 37� Selby Avenue. , :: , , ;: :�t�tc�reen.Ne..�ava�...��: :: , ` All applications have been submitted and 11 required departments have reviewed and ,appr.oved the request for extensi_on of �ervice area. The" parking vari:ance was recort�nended �or pprova7 after being researched by PEO. ..�s twnw.wnen..na fo.wnomY . ,. _ ... _ - _ ,. rutenwt��t: : _ _.. _ �e �rsromr�rts: �E�i�L I�uES: �