88-1238 wHiTE — cirr CLERK COLLRCII f/
•DINK — FINANCE GITY OF SAINT PAUL File NO. �a '����
CANARK— C�EPARTMENT
BIUE — MAVOR -
Council. esolution --..
� ,.-\��- �'
Presented By 'G �'
Referred To Committee: Date
Out of Committee By Date
WHEREAS , Ray Hessler and Dave Van Poperin, 10140 Adam,
Inver Grove, Minnesota, made application to the Planning Com-
mission of the City of Saint Paul for a Special Condition Use
Permit with modification of conditions pursuant to the provisions
of Section 60. 534(3) and Section 64. 300, 5ubd. 4, of the Saint
Paul Legislative Code, for the purpose of establishing a billiard
hall on property located at 627 So. Smith Avenue and legally
described as Except the south 882 ft. , Lot 18 , and the north
51 2/3 ft. of Lot 19, Marion Addition to the City of Saint
Paul , Ramsey County, Minnesota; and
WHEREAS , the Zoning Committee of the Planning Commission
conducted a public hearing on the above referenced application
held on May 5, 1988 , and following that hearing the Zoning
Committee adopted a motion to recommend that the Planning Com-
mission deny the application for modification of special con-
ditions and to deny the Special Condition Use Permit applied
for; and
WHEREAS , the Planning Commission of the City of Saint
Paul at its meeting on May 13 , 1988 , did by its Resolution
No. 88-26 deny the application of Ray Hessler and Dave Van
Poperin to modify one of the conditions set forth in Section
60. 534(3) which provides that billiard halls located in a B-2
zoning district must be located at least 100 feet from any
front, rear or side yard of any residential lot in an adjacent
residential district measured from the closest point of the
building in which the use is located to the closest residential
property line , the denial being based upon the following findings
made and adopted by the Planning Commmission:
(1 ) The Planning Commission is authorized to modify a
special condition if it finds that strict application of this
special condition would unreasonably limit or prevent otherwise
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Favor
Goswitz
Rettman
s�6e;be� __ A gai n s t BY
Sonnen
Wilson
Form Appr v d by City Attorne
Adopted by Council: Date
Certified Passed by Council Secretary By
By
Approved by Mavor: Date App�d by Mayor for Submission to Council
gy By
WH17E - CITV GLERK C011flC11 �//�
'PINK - FINANCE G I TY O F SA I NT PA U L /�
BLUERµ- M�AVORTMENT File NO. u -/� -
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
lawful use of a piece of property. The applicant has not estab-
lished that other lawful uses of the property could not be
made. Other uses that may be made at this property include ,
but are not limited to , a restaurant, a bank, offices or other
retail type uses.
(2) A second finding required to be made by the Planning
Commission in granting modification of a special condition
use is that the strict application would result in exceptional
undue hardship to the owner of the property. In this case
the owner has indicated that they would experience financial
hardship in that they have already invested $25,000 towards
the property and have made deposits on equipment. The Planning
Commission, however , finds that this hardship is self-imposed.
( 3) A third finding necessary to be made by the Planning
Commission in granting a modification of special condition
use is that the modification would not impair the intent and
purpose of such special condition and that the modification
would be consistent with the reasonable enjoyment of adjacent
property. The Planning Commission found that the modification
of the distance requirement of the billiard hall from residential
property would in this case be inconsistent with the intent
and purpose of the condition. The condition' s purpose is to
buffer the negative impacts of indoor commercial recreation
uses from residential property. The Commission concluded that
a business such as what is proposed would operate 14 hours
a day, seven days a week, and would have a detrimental impact
from the associated noise and traffic on the reasonable enjoyment
of the nearby residential property; and
WHEREAS , pursuant to the provisions of the Saint Paul
Legislative Code , Ray Hessler and Dave Van Poperin filed with
2.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Lo�g [n Favor
Goswitz
Rettmaa B
�hetbe� Against Y
Sonnen
Wilson
Form Appr by City At ey
Adopted by Council: Date
Certified Yassed by Council Secretary BY
sy,
A►pproved by Mavor: Date _ Appro d by Mayor for Submission to Council
gy By
WM17E - CITV CLERK
�PINK, - FINANCE G I TY O F SA I NT �A U L Council �/�
CAMAR'r- OEPARTMENT
BLUE� - MAVOR File NO• /�Q
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
the City Clerk their appeal from this determination made by
the Planning Commission requesting that a hearing be held before
the City Council for the purpose of considering the actions
taken by the said Commission; and
WHEREAS , acting pursuant to provisions of the Legislative
Code, and upon notice to appellants and other affected property
owners , a public hearing was duly conducted by the Saint Paul
City Council on June 28 , 1988 where all interested parties
were given an opportunity to be heard; and
WHEREAS , the Council having heard the statements made
and having considered the application for Special Condition
Use Permit and Application for Modification of the required
condition dealing with the spacing of the billiard hall from
residential property, the report of staff, the minutes and
findings of the Zoning Committee and the resolution adopted
by the Planning Commission, does hereby
RESOLVE , that the Council of the City of Saint Paul does
hereby find and determine that the Planning Commission did
not commit any error in fact or in law and therefore the Council
does hereby approve the decision of the Planning Commission
in this matter and does hereby concur in the findings made
and determined by the said Commission; and, be it
FURTHER RESOLVED, that the appeal of Ray Hessler and Dave
Van Poperin be and is hereby denied; and, be it
FURTHER RESOLVED, that the City Clerk shall mail a copy
of this resolution to Ray Hessler and Dave Van Poperin, the
Zoning Administrator and the Planning Commission.
3.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
r.o� In Favor
coswitz
Rettman �
.�,�;� _ Against BY
Sonnen
Wilson
��, 2 S � Form Appr e by City Attorney
Adopted by Council: Date
Certified Pas d ou cil S re By
By
Approved b avor• D e � �_ App ov by Mayor Eor Submission to Council
� �
By '_- v _ gy
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CON'FACT NAl�
PHONE � :
DATE :
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JUL 191988
AD1�i�NISTRATIVB PROCEDURES '
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�.���'
���"` CITY OF SAINT PAUL
,<>� �,�. o.
�404 �'?�
;; ,'. OFFICE OF 7HE CITY ATTORNEY
�;
� iiii�i ii ii ;`
^%.m 1- 1J� ��� EDWARD P. STARR, CITY ATTORNEY
�a;��t��^�fi.��'` 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
July 14, 1988
Albert B. Olson
City Clerk
Room 386
City Hall
Dear Mr. Olson:
Pursuant to your request , I have prepared a resolution for
the City Council whereby they deny the appeal of Ray Hessler
and Dave Van Poperin for modification of special conditions
in order to establish a billiard hall at property located at
627 So. Smith Avenue. Upon the adoption of this resolution,
a copy thereof should be mailed to Ray Hessler, David Van Poperin
and to their attorney, Mark Vaught.
You very tru y,
J RO1�E . S GAL
A�istan ity P,ttorney
JJSccg
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;
Encl .
c1Tt o' ' ������
R�` ' �. ' CITY OF SAINT PAUL
4 '�
a ����� °, ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
`�s• _��� �� �v' DIVISION OF PLANNING
� 25 West Fourth Streef,Saint Paul,Minnesota 55102
,ss• { �
I 612-228-3270
GEORGE LATIMER
MAYOR
June 20, 1988
RECEIVED
Albert Olson, City Clerk
Room 386, City Hall 2 1 1988
Saint Paul, Minnesota 55102 �UN
RE: Zoning File #10310 - Ray Hessler/David Van Poperin CITY CLERK
City Council Hearing: June 28, 1988
PURPOSE: To consider an appeal of a Planning Commission decision which denied
a Special Condition Use Permit to establish a Billiard Hall at 627
South Smith Avenue.
PLANNING COMMISSION DECISION: Deny (unanimous) .
ZONING COMMITTEE DECISION: Deny (3-0) .
STAFF RECONIlrIENDATION: Deny.
SUPPORT: One letter received.
OPPOSITION: 21 people spoke, 44 letters and a petition with 164 signatures
received.
Dear Sir:
On May 5, 1988, the Zoning Committee of the Planning Commission held a public
hearing on this Special Condition Use Permit application for a billiard hall.
The petitioner testified. At the close of the public hearing, the Committee
voted 3 to 0 to deny the permit based on staff findings. On May 13, 1988, the
Planning Commission upheld the Zoning Committee's recommendation on a unanimous
voice vote.
Billiard halls are permitted subject to the condition that they be located 100
feet from any residentially zoned lot. The proposed site at 627 South Smith
Avenue cannot meet that condition and the Planning Commission decided that the
applicant did not show why the condition should be modified. Mr. Hessler and
Mr. Van Poperin are appealing this decision. The appellants state that strict
application of the condition would unreasonably limit the use of the property,
result in hardship and is consistent with the reasonable enjoyment of the
adjacent property.
This appeal is scheduled to be heard by the City Council on June 28, 1988.
Please notify me by June 27, 1988, if any member of the City Council wishes to
have slides of the site presented at the public hearing.
Sincerely,
l��''���'S� 0�`
Lisa J. Freese
Planner II
LJF:rm
Attachments
� "��• • �i1`�d
APPLICATi�ON FOR APPEAL R E C E I V E D ZONING OFFICE USE ONLY
CITY OF SAINT PAUL
MAY 3 � 1988 Fi1e � ID�IO
�- �;_
Application Fee S j'`�� • � „�
ZONING b
Tentative Hearing Date
Application is hereby made for an Appeal to the St. Paul City Counsel
under the provisions of Chapter 64, Section 206 , Paragraph -- of the oning Code
to appeal a decision made by the _ Board of oning Appeals
xx Planning Comnission on Mav 13 � 19�8•
Zoning Administrator (date of decision)
_ Planning Administrator
Other
A. APPELLANT
Name Ray Hessler/Dave Van Poperin Daytime phone 297-6400
Address C/O S. Mark Vaught, Attorney at Law Zip Code
ois ower
345 Saint Peter Street, St. Paul , Minnesota 55102
6. DECISION BEING APPEALED
Zoning file name Hessler/Van Poperin Zoning File � 88-26 ( 10261)
Property Address/Location 627 South Smith Avenue __
Legal description Except South 88 1/2 Feet, Lot 18, and North 51 2/3 Feet
o Lot 19, Marion Addition.
C. GROUNDS FOR APPEAL (Use additional sheets if necessary. )
(txplain 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.)
Strict application of the special condition: 1 ) one would unreasonably limit
or otherwise prevent lawful use of the property; 2 ) would result in
modification would not impare the intent and purpose of such special
adjacent property.
If you have any questions, please contact:
Ap licant's signature
St. Paul Zoning Office
1100 City Hall Annex
25 West Fourth Street 5/31/88
Saint Paul, Minresota 55102 Date City agent
(298-4154) 9I82
� . � ��i���
'cit}� of saint paul .
plar�ning commission resolution
file number 88-26
UdtE] Mav 13, 1988
WHEREAS, Ray Hessler/Dave Van Poperin, file #10261, have applied for a Special
Condition Use Permit with Modification under the provisions of Sections 60.534(3)
and 64.300 Subd. 4 of the Saint Paul Legislative Code, for the purpose of
establishing a billiard hall on property located at b27 South Smith Avenue, legally
described as Except South 88-1/2' , Lot 18, and North 51-2/3' of Lot 19, Marion
Addition; and
WHEREAS, the Zoning Committee of the Planning Commission on April 14 and May 5,
1988. 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 64.300 of the Saint Paul Legislative Code; and
i.�iEREAS, Saint Paul Planning Commission, based on the evidence presented to its �
Zoning Co�ittee at the public hearing as substantially zeflected in the minutes,
made the following findings of fact:
1. The applicants propose to establish a billiard hall consisting of 12 pool
tables, vending machines and a limited food service with a small seating area
locatEd on the first floor. No aicoholic beverages will be served and the hours �
af operation will be from 9 a.m. until 11 p.m. daily. The billiard hall will be
open to the public and for tournament play. The original request included a
private billiard club upstairs, but this has been dropped from the proposal.
2. Section 62.103 (3a) of the zoning code states that when the use of a structure
changes and if the parking requirement for the new use is 30 percent greater
than the previous use, the additional parking must be provided. The off-street
parking requirement for billiard halls and meeting halls such as the Masonic �
- Lodge is the same, one for every three persons allowed within the maximum
occupancy load. Therefore, the parking deficiency is legally nonconforming and
no addi;.ional parking is required.
. (continued)
.
moved by MORTO�:
s�;cor�ded by *:EIP .
in faUOr i'na�imrn�g
against
., � . � �.�z��
, ,
�
File #10261
Page Ttao
3. Section 60.534(3) permits billiazd halls, and other forms of indoor commercial
recreation, ?n the B-2 zoning district "when located at least 100 feet from eny
front, rear or side yard of any residentiel Iot in an adjacent residential
district meesured from the closest point of the buildfng in which the use is
located to the closest residential properry 1ine."
4. The nearest residential district (RT-1) is located to the west of the proposed
billiard hall. The distance from the rear of the building to the closest
residentially zoned property is approximately 40 feet. This condition may be
modified. -
5. The Planning Commission may modify any special conditions if it finds that
strict application of such special condition (1) would unreasonably limit ar
prevent otherwise lawful use of a piece of property, (2) would result in
exceptional undue hardship to� the-.awner of the property; and (3) such
modification would not impair the intent and purpose of such special condition
and is consistent with the reasonable enjoyment of• ad,jacent property. *
6. Strict application of the distance requirement for indoor commercial recreation
uses would not preclude other permitted uses to be established at this location;
these uses include, but are not limited to, restaurants, banks, offices and most
retail uses. The applicants have not demonstrated that it' is infeasible to
reuse the property for another permitted use.
The applicants have stated that �hey would experience financial hardship if the
permit is not granted because they have invested $25,000 towards the property
and have made a deposit on the equipment. This hardship, however, is self-
imposed.
• (continued)
,
� . � �'F�,�3�'
, ,
File #10261
Page Three
Finally, modification of the distance requirement is inconsistent with the
intent and purpose of the special condition, which is to buffer the negative
impacts of indoor commercial recreation uses from residential property. A
business which operates 14 hours a day, seven days a week will have a
detrimental impact from associated noise and traffic on the reasonable enjoyment
of the nearby residential property.
hOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that�under
the suthority of the City's Legislative Code, the request to modify special
conditions for the billiard hall is hereby denied; and
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby deny
t�e application `for a Special Condition Use Permit to allow the establishment of a
billiard hall at 627 South Smith Avenue. �
.
.
' ' MINUTES OF THE ZONING COt4�I1TE8 �����3V
, � CITY COUNCIL CI�iAl�IBERS, SAINT PAUL, IiINNESOTA ON !!AY S, 1988
�: Mmes. Hirte. Morton, Tracy and Zieaan; Messrs. Christenson, I.evy�
Neid and Repke of the Zoning Coanittee; Mr. Segal� Assistant City
Attorney; Ms. Lane of the Building Inspection and Design Division�;
Ms. Freese and Ms. Murray of the Planning Division staff.
gg�: None.
The aeeting was chaired by Gladys Morton, Chairman.
Aay Hessler and Dave Van Poperin (#10261) : A Special Condition Use with
Modification for property located at 627 South Smith Avenue to establish a
billiard hall in the foraer Masonic Lodge building.
The applicants were present; there was opposition present at the hearing.
Ms. Freese showed slides of the site and summarized the staff report with a
recommendation for denial. She distributed letters and a petition in
opposition.
Mark Vaught, 800 Amhoist Tower, attorney representing the applicants,
introduced Alice Larson� 458 Laurel, who showed slides of billiard halls in
the area, outlined the history of billiards, and described a packet of
information on the applicants' proposal.
Piark Vaught said that the applicants expect between 25-30 billiard players in
the hall at peak hours, that parking areas are being arranged even though it
is not required, and asked that the co�ittee give serious consideration to
modifying the 100 foot lot-line to lot-line distance requirement.
Dave Van Poperin, 628 Stryker, owner/operator/aanager of the proposed High
Bridge Billiard Hall, stated that he wants to work with area residents. He
addressed their concerns of security, stating that there would be three
employees on-site at all times; the house rules, stating that there would be
no gambling, no loitering, no liquor at present or in the future; and that
there would be lights in the alley to alleviate the dark conditions. He
detailed potential parking arrangements and also described the proposed second
floor plans. . �
Mr. Christenson asked if the building has been purchased from the Iiasonic
Lodge. Mr. Van Poperin replied affirmatively and said that they purchased it
without a contingency regarding zoning approval.
Ms. Zieman questioned the charge for billiard players. Mr. Van Poperin stated
that it would be two dollars per person per hour. Iis. Zieman asked how
profitable the business would be with that fee.
Ray Hessler, 10140 Adam, Iirver Grove Heights, su�arized budget iteas; he said
that the billiard hall will receive additional incoae from the piatuied video
game area and from the sale of soft drinks and snack iteas.
, � . � �.�i�3�'
� Fi�le �10261
l�iay 5� 1988
Page 1�0
Ms. Zieman inquired about the applicants' business experience. Mr. Hessler
responded that he is an independent nanufacturers' representative �rith 18
years of sales experience and that Mr. Van Poperin was in the vending machine
business; at present they work together at Payuaster Checks, a firm owned by
Nr. Hessler.
Rick Casper, 984 Scheffer, representing Cherokee Sirloin Room� and president
of the Smith-Dodd Business Association, stated that he is interested in the
growth and improvement of Snith Avenue. He said with the community "so
opposed" to this particular business, however, that it is necessary to listen
and respond to their concerns. He offered his assistance in the development
of the site for another type of co�ercial establishment.
Iis. Zieman and Mr. Neid asked how the building could be used. Mr. Casper
responded that the question is being addressed by the Ssith-Dodd Association
and that the next stage would be to form a task force to work directly on the
issue.
Arthur Gaard� 643 Cherokee, president of West Side Citizens' Organization,
spoke about the WSCO Building snd Land Use Committee aeeting held on April 20
and the WSCO Special Board meeting held on April 28. Regarding the billiard
hall proposal, he said that the initial endorsement with restrictions was
rescinded because of the community's negative response. He requested denial
of the permit with modification for distance.
Mr. Christenson asked why the co�unity requested denial. Mr. Gaard replied
that the residents were concerned about the overflow of patrons outside the
billiard hall, the increasing problems with drugs, and the resulting impact on
the neighborhood.
Linda Johnson, 689 Ottawa, referred to the Smith Avenue Market Analysis and
the Smith Avenue Task Force and stated that a billiard hall is not compatible
with the co�ercial clusters on Smith Avenue.
Robert Allen, 2033 North Lexington, owner of Chick's Flicks, 635 South Smith,
described his business and told of the anticipated detriaental effect of a
billiard hall on other neighborhood businesses.
Mr. Neid asked for a reco�endation on other uses of the building. Kr. Allen
replied that the lfuin City Youth Symphony has inquired about the building and
suggested other small businesses vt►ich could occupy the space.
William J. Kleineck� 945 Bidwell, stated that he owns 1�in City Mower at 838
South Smith and voiced his opposition to the billiard hall.
Maureen Nieman, 617 South Snith, said that she opposes the billiard hall and
their proposed purchase of the adjoining home for parking purposes.
Michael Laska, 674 Ottawa, told of his opposition to the billiard hall because
of the expected negative effect on the neighborhood.
, . � (��r'"i�23 �'
� F.+�.le �t10261
May 5, 1988
Page Three
Gayle Whitney, 434 Cherokee, described the Saint Paul ilest Side Co�unity
Survey questionnaire and the respondents' concerns about further deterioration
of the neighborhood.
Janice Hove, 705 South Smith� referred to the "Better Neighborhoods" program
and relayed her concerns about probleas on the West Side.
Gary Kimoel, 405 West Baker� stated his concerns about the noise, traffic and
hours of a billiard hall impairing the use of adj�cent properties.
Maureen Fearing� 646 Cherokee� reviewed the billiard hall's pro�ected budget
line items and questioned the operation's profitability.
Peter Schmidt. 581 Ottawa� told of his concerns about the possible impact of a
billiard hall on the neighborhood and of his research on police reports
cgvering similar establishments.
Debra Seivert, 616 Ottawa, addressed potential problems of traffic congestion,
criae and truancy.
Billie Sawas Slater, 665 Ottawa, asked that the co�ittee deny the permit in
order to preserve the safety and quality of life in her West Side
aeighborhood.
Pat I.eahy, 578 Cherokee, and Mary DeRoma� 399 West Baker, recounted an
unfortunate incident which happened on April 9 and focused on their concerns
about the reasonable enjoyment of adjacent property.
Pete Grills, 440 Cherokee, insisted that the committee apply the zoning code
100' distance requirement and deny the permit.
Jill Jackson, 37 West Belvedere, representing the Council of the United
Methodist Church, read a letter which addressed a potential negative influence
of a billiard hall on adjacent residences and neighboring businesses.
John Livingstone, 615 South Smith, detailed concerns with declining property
values associated with the addition of a billiard hall in the neighborhood.
Jill Danner, 791 Ottawa, referred to the District 3 plan and said a billiard
hall does not fit into that design.
Elizabeth Wehrwein� 838 Delaware, gave background inforsation on WSCO
neetings, told of neighborhood concerns, and aentioned other proposed uses for
the building.
Mark Vaught reiterated his request for relaxation of the 100' distance
requirenent.
David Van Yoperin read phrases from 20 letters of support which he received.
, t
. � ��-����
File �t10261
liay 5� 1958
Page Fonr
Hearing no further testimony� l�s. Morton closed the public portion of the
aeeting.
Mr. Neid �ade a notion to recommend denial of the Special Condition Use Permit
with Iiodification based on public testiaony and the staff report findings 1
through 6. !!r. Christenson seconded the aotion which passed on a roll call
vote of 3-0.
Submitted by: Appro d by: '
�� TiLt'°'1R'
Lisa Freese adys Morton, airman
,
_ � . � � ���3�'
MINUTES OF THE ZONING COP4IITTEE
CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON APRIL 14, 1988
PRESENT: "Imes. Hirte, Morton and Zieman; Messrs. Lew, veid and Repke of the
Zoning Committee; Mr. Sullivan, Assistant City Attorney; Ms. Lane
of the Building Inspection and Design Division; Ms. Freese, Ms.
Datsko, Ms. Murray, Mr. Ryan and Mr. Soderholm of the Planning
Division staff.
ABS�NT: Ms. Tracy and Mr. Christenson.
The meeting was chaired by Gladys Morton, Chairman.
Ray Hessler and Dave Van Poperin t#10261) : A Special Condition Use wi[h
Modification for property located at 627 South Smith Avenue to allow the
establishment of a billiard hall.
The applicants were present; there was opposition present at the hearing.
Ms. Morton stated that the applicant requested a layover and inquired if there
was anyone present to give public testimony. She replied that testimony would
be taken and that the public hearing would be continued.
Ms. Freese showed slides of the site and reviewed the staff report with a
recommendation for denial.
Ray Hessler, 10140 Adam, Inver Grove Heights, stated that he had requested a
layover. He said that two parking options had been obtained: (1) use of a
lot iocated two blocks away at George and Smith which would accommodate 30 .
cars, and (2) an option to purchase property at 623 South Smith which is next
door to the Masonic Lodge. He stated that the closest residentially zoned
property, 40 feet away to the west, faces the back brick wall of the '�asonic
Lodge. .
�Ir. Neid asked if Hessler/Van Poperin were fee owners of the Masonic Lodge.
Mr. Hessler responded that they had a contract for deed.
Mr. Soderholm asked how many parking spots would be available on the lot at
623 South Smith. Mr. Hessler answered approximately 30 and added that thev
are working with the owner of the lot at Baker and Smith and hope �o report
results at the next Zoning Committee hearing.
Heidi Gesell, Cherokee State Bank assistant vice president, 607 South Smith
Avenue, stated that Cherokee State Bank owns the vacant lot across from the
proposed billiard hall, and that there are plans for the development of that
lot. She described the bank's "strategic plans" for the area.
Gail Whitney, 434 Cherokee Avenue, representing the Cherokee Heights
Neighborhood Association, expressed concerns about the incompatibility of a
billiard hall with the character of their neighborhood, loitering, and the
additional parking and traffic problems on Smith and Baker �hich would be
created by the business. She questioned how the applicants plan to use of the
second floor of the Masonic Lodge.
. � . �����3�
� Fi1e #10261
Page 1�ao
Elizabeth M. (Betsy) Wehrwein, 838 Delaware, read a statement which addressed
her positive and negative insights about the proposal.
Elaine A. Al1en, 2033 North Lexington, representing Chick's Flicks Video Store
located next to the Masonic Temple, said that she was concerned about the
impact of a billiard hall on the area, the congestion and lack of parking, the
negative influeace on neighborhood children and the safety of those children.
Lisa Jo Albers, 557 Ottawa Avenue, told of her concerns about the possible
negative effect on the community and the impact on children during after-
school hours. ,
Ray Hessler addressed neighborhood questions regarding the gathering held at
the hall during the previous weekend. He said that he is going to meet with
the District Council during the next week.
Ms. Morton stated that the public hearing would be continued.
Mr. Levy made a motion to continue the public hearing until May S, 1988 at. the
request of the applicants so that they can meet with District 3. Mr. Neid
secanded the motion which passed on a roll call vote of 4-2 (Repke, Hirte) .
Submitted by: Approved by: /
� . - _ � � � 't��, / /��/T � �V / � .
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Lisa Freese �Gladys MorL�6n, Chairman
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ZONING COMMITTEE STAFF REPORT
: FILE #10261
1. APPLICANT: Ray Hessler/Dave Van Poperin DATE OF HEARING: 4/14/88
2. CLASSIFICATION: Special Condition Use Permit with Modification
3. LOCATION: 627 South Smith Avenue (West side between King and Baker)
4. PLANNING DISTRICT: 3
5. LEGAL DESCRIPTION: Except South 88-1/2' , Lot 18, and North 51-2/3' of Lot 19,
Marion Addition
6, PRESENT ZONING: B-2 ZONING CODE REFERENCE: 60.534(3) ; 64.300 Subd.4
7. STAFF INVESTIGATION AND REPORT: DATE: 4/6/88 BY: Lisa J. Freese
A. PURPOSE: To allow the establishment of a billiard hall.
B. PARCEL SIZE: The parcel has 75.23 feet of frontage along Smith Avenue and total
lot area of 5,200 square feet.
C. EXISTING LAND USE: The structure is the former Mason Shekinah Lodge and is
vacant.
D. SURROiJNDING LAND USE:
North: Two family residential; B-2
East: Vacant - 1 lot, residential - 4 lots, commercial - 1 lot; B-2
South: Commercial; B-2
West: Residential; B-2, RT-1
E. FINDINGS:
1. The applicants propose to establish a billiard hall consisting of 12 pool
tables, vending machines and a limited food service with a small seating area
located on the first floor. No alcoholic beverages will be served and the hours
of operation will be from 9 a.m. until 11 p.m. daily. The billiard hall will be
open to the public and for tournament play. The original request included a
private billiard club upstairs, but this has been dropped from the proposal.
2. Section 62.103 (3a) of the zoning code states that when the use of a structure
changes and if the parking requirement for the new use is 30 percent greater
than the previous use, the additional parking must be provided. The off-street
parking requirement for billiard halls and meeting halls such as the Masonic
Lodge is the same, one for every three persons allowed within the maximum
occupancy load. Therefore, the parking deficiency is legally nonconforming and
no additional parking is required by the zoning code.
The applicants have attempted to obtain off-street parking arrangements with
adjacent property owners, but at the time this report was written, no agreements
were submitted.
3. Section 60.534(3) permits billiard halls, and other forms of indoor commercial
recreation, in the B-2 zoning district "when located at Ieast 100 feet fro� any
front, rear or side yard of any residential lot in an adjacent residential
district measured from the closest point of the building in which the use is
Iocated to the closest residential property 1ine."
4. The nearest residential district (RT-1) is located to the west of the proposed
billiard hall. The distance from the rear of the building to the closest
residentially zoned property is approximately 40 feet. This condition may be
modified.
. � . � l����3�
File #10261
� Page Two
5. The Planning Commission may modify any special conditions if it finds that
strict application of such special condition (1) would unreasonably limit or
prevent otherwise lawful use of a piece of property, (2) would result in
exceptional undue hardship to the owner of the property, and (3) such
modification would not impair the intent and purpose of such special condition
and is consistent with the reasonable en�joyment of adjacent property.
6. Strict application of the distance requirement for indoor commercial recreation
uses would not preclude other permitted uses to be established at this lacation;
these uses include, but are not limited to, restaurants, banks, offices and most
retail uses.
The applicants have stated that they would experience financial hardship if the
permit is not granted because they have invested $25,000 towards the property
and have made a deposit on the equipment. (This hardship, however, is self-
imposed. )
Finally, modification of the distance requirement is inconsistent with the
intent and purpose of the special condition, which is to buffer the negative
impacts of indoor commercial recreation uses from residential property.
Although this building is approximately 40 feet from a residential zoned lot, it
also abuts residential uses which are zoned commercial on the north and west
sides. A business which operates 14 hours a day, seven days a week and provides
no off-street parking will have a detrimental impact from associated noise and
traffic on the reasonable en�oyment of the adjacent residential property.
F. STAFF RECOMMENDATION: Based on staff findings 1 through 6, staff recommends
denial of the Special Condition Use Permit with Modification for distance
requirements.
. � . � G���-�a.�'
APPLICATION FOR SPECIAL CONDITION USE
C1TY OF SAINT PAUL ZONING OFFICE USE ONLY
File # �
��C E I V E D Application Fee $ ,
Tentative Hearing Date 3'�7 " �g'
F E B 16 1988 Number of Lots or Size of Parcel:
ZONING
Application is hereby made for a Special Condition Use Permit under the provisions of
Chapter �['7 , Section ,5 3� , Paragraph 3 , of the Zoning Code to operate a
��1 I.�J..---��,� �--�
A. APPLICANT
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Name � — fJ�V �CJ�hone (Daytime)__ao`Z�-/�s �
Address �U) �{U /�DAM ^ �N v Lr (�rv ✓ � Zip
Property interest of Applicant (Owner, contract purchaser, etc.) �(it//V 'e (�'
Name of owner (if different) D•tye Va K F��pe,�;., i'O 7cxt 1 St ���� . N�N S 5(o-]
B. PROPERTY DESCRIPTION �p �,.P L
Address{Location ��� �� //�, �(,,� �f
Legal Descript�n: Lot Block Add. /�/�ribN.� ,� p r,,
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Present Zoning GVNj J"I P i�l.���Lot Size
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C. SPECIAL CONDITIONS
Explain how you will meet each of the Special Conditions. Attach supporting materials
(diagrams, site plan, letters of support, etc.) �� � �� � C
If you have any questions, please contact:
Saint Paul Zoning Office �.������ ±""� �-� O��
1100 City Hall Annex
25 West Fourth Street
Saint Paul, Minnesota 55102 4102
(298-4154) 1/1/82
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HIGHBRIDGE BILLIARDS
NEEDS AND REASONS FOR SPECIAL USE PERMIT
The building at 627 South Smith Avenue was recently purchased by Raymond
Hessler and David Van Poperin. The property was formerly owned by the Mason
Shekinah Lodge 171 . They used the premises for their membership meetings and
also for public events (pancake breakfasts, booya, flea markets, etc.). At
times, as many as 300 people would be involved at an event. That amount of
additional traffic created no problems to the area. Highbridge Billiards will
not create traffic prob7ems in the area, considering that the number of addi-
tional people will be much less than those involved in the Mason's activities.
The need for a special condition permit exists because the adjoining prop-
erty line runs one to two feet from the back of our building, with a cyclone
fence between the properties. Our building is of solid brick and stands 35 feet
high. There are no windows or doors or any access to the back of the building.
Impairment to any resident should not exist because of the solid brick walls,
and the fact that all traffic will enter and exit only on Smith Avenue.
The building is located in an area zoned Commercial B. We are very consis-
ter�t with the buildings in the area. Highbridge Billiards is adjacent to three
businesses and one of a total of twelve located in the imnediate two-block area
on Smith Avenue. We should blend into the area very we11 with no structural
change to the building.
We are hoping for positive results from the Zoning Comnission. A negative
response would create both a hardship for the area, as well as a financial
burden to me and my partner. The Masons have been trying to sell the property
for three years. The building would likely remain err�ty with no new business
coming into the area. �
Personally, my partner and I have invested $25,000 cash toward the purchase
of the property, and an additional $20,000 for the purchase of billiard tables
(see attached invoice). We would appreciate a positive response from the Com-
mission so that we can proceed with our business plan, and also with our hope of
contributing to the local area in a positive way.
Thank you.
Dave Van Poperin
Ray Hessler
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HIGH BRIDGE BILLIAROS - 627 South Smith Avenue, St. Paul, Minnesota
FACT SHEET
The Building - 8uilt in 1921 with Art Deco styling, the building was originally
the Mohawk Theatre. It was later adaQted for use by the Masonic Lodge.
Developers - David Van Poperin and Raymond Hessler
Both developers are graduates of Humboldt High School. Mr. Van Poperin
who grew up at 628 Stryker, has served as a coach of West St. Paul
Senior Baseball Club, worked as a youth counselor with the St. Paul
YMCA and the Neighborhood Community Center, and has been a successful
businessman and active member of the comnunity for many years. He is a
graduate of the University of Minnesota.
Mr. Hessler, a successful businessman, has served as Director of the
Colorado Playground, was a counselor for Neighborhood House, coached
Pee Wee basketball , and has been a promoter of the neigbhorhood all his
life.
Objective The developers propose to create a classic billiard hall that will provide
an atmosphere for recreation for the entire family as well as for the
more serious player.
Description The main level will consist of 12 pool tables of classic design.
The upper level will present a unique library of historical information
on both billiards and other major sports. There will be a portrait
Hall of Fame of famous billiard players alor�g with a replica of an
authentic Victorian billiard table on display. Also on display will
be former and present local athletes and their contributions to the
world of sports.
FOOD SERVICE - frozen pizza, hot dogs, snacks, coffee and soft �drinks
will be available on the first level with seating and tables provided.
NO ALCOHOL WILL BE SERVED, nor will there be any attempt now or in the
future to secure a license for alcohol.
Hours 9AM - 11 PM dai�y. School age children will not be allowed on the
premises until after 3PM on school days.
Management Owner/managers - David Yan Poperin and Raymond Hessler
On Site manager - George Karmath (early retiree with 30 years management
experience with Bell Telephone)
NOTE: David Van Poperin will also be on site at all times, with Raymond
Hessler being in charge of promotions and tournaments.
The business will be hiring an additional 12 persons who will run the
food service and be part of the daily management of the billiard hall .
There will be adult supervision on staff, on site at all times.
� � . � . - (�=��i�.��'
� �'page 2
Programs - Tournaments for both men and women with cash and equipment for prizes.
- Charity involvement for local non-profit organizations and neighborhood
groups to use the second floor of the fzcility FREE of charge for any
meetings.
- Scholarship funds will be set up through the local bank for
area schools and conanunity centers, with �150 per month budgeted by
High Bridge Billiards to be put into the scholarship fund.
- Seniors will have the opportunity for cards and billiards and
pleasant conversation at High Bridge Billiards. Bus transportation
will be provided FREE of charge to Seniors. Discounts on food and services
at the hall.
- Local residents will have the opportunity to have FREE time/play
with complimentary coffee, one day a week. �
In addition, High Bridge Billiards will offer FREE of charge, use of one of the
offices on the second floor of the building to the conmunity -- non-profit organizations.
Marketing There are 53 million billiard players in the United States and the
sport is experiencing a tremendous return as a popular sport for the
entire family, second to bowling. Billiards is coming back in a new
classic, clean, all-around competitive as well as recreational sport.
One third of the new players are women. In Minnesota, according to
the Valley League (a member of a nationwide billiard association),
there are over 30,000 registered billiard players.
There have been billiards played in famous Minnesota institutions
like the Minnesota Club, the Minneapolis Club, the St. Paul Athletic
Club, and the University of Minnesota Coffman Student Union for many
years.
Five new billiard halls have opened in Twin Cities' suburbs in the
past six months.
HIGH BRIDGE BILLIAROS will promote tournaments, educational billiard
classes, pro instruction and e�hibition, and community events.
HIGH BRIDGE BILLIARDS hopes to create an image and business that is
both beneficial and entertaining for the area, and hopes to work
closely with the community in making this goal a reality.
A marketing plan will be implemented that includes advertising and
public relations.
. . . . . .��3 �,
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PARKING
The developers, being concerned about the parking issue related to High Bridge
Billiards, have researched the subject and have secured the following:
1. An agreement for use of the vacant lot on the southwest corner of Smith
and Baker has been reached, which will accommodate 25-30 cars.
2. An agreement for use of the lot on the corner of George and SMith (2 blocks
south of High Bridge Billiards), with complimentary valet parking. The lot
will hold 30 cars.
3. An option to buy the property adjacent to High Bridge Billiards at 625
Smith. This lot would hold 30 cars.
A maximum of 90 offstreet parking spaces would be provided.
Our research has shown that, in fact, additional parking is probably not necessary.
With 12 pool tables with 2 players each and 3 staff on site at all times, there would
be a maximum of 15-20 cars if all tables were in play.
When the building was in use as a Masonic Temple, there were far greater numbers
of people and cars in the area as a result of various functions held in the building.
From 100 to 450 persons attended meetings and special events resulting in fran 60 to
200 cars in the area.
If the building were used, for examp.le, as a restuarant or catering/event facility,
there would be a much greater need for offstreet parking upwards to 200 spaces.
f.�j/ye Ns� o��s
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OPTION
For and in consideration of $100.00 dollars
to me in hand paid, the receipt whereof is hereby acknowledged.
David VanPoperin
I hereby grant unto Raymond Hessler an option for gp days,
from the llth day of April , 1988, to purchase, for
$65,000.00 dollars, the following described lands
situated in the county of Ramsey and state of
Minnesota , viz.: 623 Smith Avenue, St. Paul, 55107.
Upon the following terms and conditions, to wit: cash
David VanPoperin
Raymond Hessler to signify his intention to take or reject
the same !:� due notices in writing within the time above specified,
and a failure to serve such notice within the time specified
shall terminate this option without further action, time being
the essence of this agreement.
In case said notice shall be served in due time, then
thirty days shall be given in which to examine abstract, make �
deeds and close sale. r�t �' ' �
. �. _ .7-- �,��� L
Dated. April 11, 1988
C F Lee Dinger
623 Smith Ave. So.
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CITIZENS
OAG ION
209 West Page, St. Paul, MN SS107 292-8020
May 2, 1988
T0: Lisa Freese, PED
FROM: Kathleen Anderson, Community Organizer
SUBJECT: Billiard Hall Proposal
Enclosed are copies of the two meetings regarding the proposed billiard hall on
Smith Avenue.
The meeting on April 20, also a public meeting, indicates passage with restrictions.
A special board meeting held April 28 rescinds the original motion of passage to
one of opposition.
If you have any further questions, please don' t hesitate to call either me or
Art Gaard, President of WSCO.
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WSCO/Building and Land Use Committee
Special Meeting
April 20, 1988
Cherokee United Church
Present: Dave Haley, Linda Johnson, Arthur Gaard, Jill Danner, Mark Boulos,
Tim Johnson, Ron Bloch, Theresa Castor, Cary Kimmel , Jim Bukowski ,
Agnea Antoniades, Kim �loralez, Jeff Schuetz, Brian Miller, �eorge
Hunkins, Zona Butler, Rick Casper
The meeting was called to order at 9:30 p.m. , following the end of the public
forum concerning the proposed billiard ha11 on Smith Avenue. Dsicussion opened,
and revolved around the opinions expressed earlier, toward adopting recom-
mendations for the City's Zoning Committee to consider at its May 5th Public
Hearing.
A motion was made by Jill Danner and seconded by Theresa Castor to deiay the
vote until a later date prior to the May 5th hearing. The motion faiied 7 to
7 with 2 abstaining.
A motion was then made by ;3ukowsl:i and seconded by Moralez to recommend that the
special use permit be granted with the folTowing stipulations:
l. That the permit would expire after 1 year, necessitating reapplication.
2. That hours be restricted to between 9:00 a.m. and 11 :00 p.m.
3. That no alcohol be allowed in the building, nor a liquor license
be granted.
The motion passed on a 9 to 7 vote.
After further discussion, it was motioned by Bukowski and seconded by Butler
that a resident be formed which would meet before the May 5th hearing.
�taSX W r��
On a motion by Bloch and seconded by Bukowski , it was amended that the task
force be authorized to attach amendments to the original tJSCO recommendations
contingent upon agreement between the task force and the developer. The
amendment passed on a 10 to 0 vote with 1 abstention.
The original mction was then passed 9 to 0 with 2 abstentions.
The meeting was adjourned at 10:56 p.m.
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MINUTES
WSCO Special Board Meeting, Apri1 ,�8,1988 , Baker Community Center
Attendance : Board Members : Arthur Gaard , Richard Aguilar, Agnea Antoniades,
Tina Isaac , Kim Moralez, Linda Johnson, Tim Johnson,?eter Grills , Jill
Danner, Brian Miller, Jeff Schuetz.
Board Members Absent: Bridget Martin, Fred Nimtz, Rafael Ortega , Marc Boulos,
Ron Bloch, Dave Haley, Teresa Castor, Dan Gross.
Others Present: t1rs. Nick Antoniades, Phyllis Willerschiedt, Paul Mandell ,Stephen Mike,
Pat Leahy, Betsy Wehrwein, Zona Butler, Ray Hessler, David Van Poperin , Gayle
Whitney, Maureen Fearing, Karen Thompson, Sean Kel��y, Judy Gehz, Rick Casper.
WSCO staff present: Judy Brown.
1. The meeting was 7:09 p.m, by President Arthur Gaard.
� 2. 4/20minutes were APPROVED with two possible changes. 8oard members
recalled Brian Miller may have authored the motion attributed to
Jim Bukowski . (According to notes taken by staff at the 4/2p meeting
Jim Bukowski was the originator) Secondly, addition of "task force"
after "resident" in the fourth graph.
3. President Arthur Gaard said the special meeting had been cal7ed to re-
examine the pool hall issue at 627 South Smith in response to board
member and resident requests. On April 2Q, more than 170 residents
voiced opinions about approving the special use permit the proposed
developer of a billiard hail needs to operate a business at 627 S. Smith.
The vote at the 4/21 meeting by authorized members of the Building and
Land Use Committee and WSCO board members present was 9to 7 in favor of
recommending a special use permit be granted with the following stipulations:
1. That the permit would expire after one year, necessitating reapplication,
2. That hours be restricted to between 9 a.m. and 11 p.m.
3. That no alcohol be allowed in the building, nor a liquor license be
granted.
4. Brian Miller moved that the meeting be adjourned. Richard Aguilar
seconded the motion, The motion failed .
5. Tim Johnson moved & Peter Grills seconded the that the board rescind
the action of the Building and Land Use Committee and WSCO Board Members
present at the April 20 meeting and oppose the modification of the
special use permit requested for the property at 627 South Smith.
AFter considerable discussion, lasting for more than one hour, the board
APPROVED the motion with 7 for and 3 against.
6. The meeting was adjourned at 8�:20 p.m.
Minutes submitted by Judy Brown , wSCO staff. •
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TE ° E (�I�I �i4T� HAS �EEN CH�N
N � � �I � C� c��
ST. PAUL CITY COUNCIL �
�,,�3�'
PUBI.IC HEARING NOTICE ����,�p
ZONING
�°� ,JUN i s �9e� �
CITY CLERK
T0: Property owners within 350' ;
Representatives of Planning District 3 FIL E N 0. 10310
PAGE
PURPOSE
To appeal a Planning Commission decision denying a Special
Condition Use Permit to establish a Billiard Hall .
Present Zoning: B-2 (Community Business District)
LOCATION
627 S. Smith (West side between King and Baker)
P E T I T 10 N E R RAY HESSLER and DAVE VAN POPERIN
H E A R I N G Tuesday, �une 28A 1988 9:0o A.M.
� Cit Council Chambers, 3rd Floor City Hall - Court House
Q U E S T10 N S Zoning z9s-4154 (�;sa Freese)
Contact the Zoning Section of the Planning and Economic
Development Department, Room 1101, City Ha11 �Annex,
25 W. 4th Street, St. Paul, MinnesoLa 55102
Legal Description: On file
Notice sent 6/15/88
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