00-1030oR��tNA�
Presented By
Referred To
Paul; and
2 Whereas, Douglas Berends, in zoning file no. 00-127129 made application to the Saint
3 Paul Planning Commission (hereinafter, the "Commission" for a special condition use permit
4 pursuant to the provisions of the Saint Paul Zoning Code for property located at 1170 Arcade
5 Street and legally described as Lots 14 and 15, Block 8, Eastville Heights in the City of Saint
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Whereas, The Zoning Committee of the Commission conducted a public hearing on June
15, 2000 after having provided notice to afFected property owners, and submitted its
recommendation to the Commission. The Commission, by its Resolution 00-35, dated June 23,
2000, decided to deny the application based on the following findings and conclusions:
The applicant, Douglas Berends, has a purchase agreement dated March 15, 2000 for the
property at 1170 Arcade and proposes to establish a used car business at the site. The
property is a vacant Ashland gas station. The applicant has provided documentation from
the Minnesota Pollution Control Agency that the underground tanks have been removed.
The pumps and canopies have been removed. The building remains and the applicant
plans to use it as the business office. The applicant intends to have one employee per
shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of
automobiles subject to the following conditions:
�soLUTZON
CITY OF SAINT PAUL, MINNESOTA
Council File # � .. � �^y (�
Green Sheet # �(p (� L'a,a•
�
Committee: Date
The lot or area shall be provided with a perrrzanent, durable and dustless
surface, and shall be graded and drained as to dispose of al[ surface water
accumulated within the area.
This condition is met. The lot is paved; drainage is assumed to be satisfactory.
2. Vehicular access to the outdoor sales area shall be at least sirty (60); eet from
the intersection of any two (2) streets.
This condition is met. The access from Arcade is approximately 100 feet from the
intersection of Rose and Arcade. The applicant proposes closing the access on
Rose with a cable fence. The applicant also proposes closing the access from the
alley with wood fencing and a cable fence along the alley, as shown on the site
plan.
oo-�t�,� �
c. No repair or reJtnishing sha11 be done on the lot unless conducted within a completely
enclosed building.
5 This condition is met. The applicant states that no repair or refinishing work will be
6 performed on the premises and that all vehicles offered for sale will be in quality
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The minimum lot area shall be fifteen thousand (I5, 000) square feet. A site plan shal[
be submitted showing the layout of the vehicles for sale or rent, employee parking, and
customer parking.
This condition is not met. The lot size is 9,760 square feet. If half the alley is used in
computing density as aliowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is sti114,440 squaze feet less than the minimum required by the
code. The applicant is seeking a modification of this condition.
2. Section 64300(d) requires that the planning commissioa make the following findings before
granting approval of a principle use subject to special conditions:
a.
b.
c.
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The extent, location and intensity of the use will be in substantial co�npliance with the
Saint Paul Comprehensive Pian and any applicable subarea plans which were
approved by the city council.
This condition is met. The proposed use is in substantial compiiance with the
comprehensive plan, given that the B3 zoning district is intended for this kind of use.
The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
This condition is met. The applicant site plan indicates access from Arcade
approximately 100 feet from the intersection of Rose and Arcade.
The use will not be debimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety and general welfare.
This condition is not met. While the use is permitted in the B-3 zoning district, and
while the applicant has proposed site improvements including a five-foot cedar privacy
fence along the rear property line where the site abuts residential use, and a twenty-inch
wood fence along the front property line to prevent cars from hanging over the public
sidewallc, the small size of the lot makes the proposed use detrimental to the immediate
neighborhood.
The use will not impede the normal and orderly development and improvement af the
surrounding property for uses permitted in the district.
This condition is not met. Again, while the use is consistent with the B-3 zoning district,
the detriment to the neighborhood character posed by locating this use on a very small lot
is an impediment to improvement and development of other property in the district.
The use shall, in all other respects, conform to the applieable regulalzons of the district
in which it is IocaterL
This condition is met, with some rearrangement of parking spaces on the site plan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
totals five spaces for a lot and building this size. The site plan indicates five spaces.
t oo-�a � �3
2 However, the site plan shows all spaces (required parking and spaces for the vehicles on
3 display) as 10 feet wide and 14 feet long. To comply with zoning code regulations,
4 changes would need to be made. One of the customer spaces would have to be 16 feet
5 wide to comply with ADA requirements for handicapped pazking. The length of the
6 required customer/empioyee parking spaces would have to be increased to 18 feet, as
7 indicated in Section 62.104(4) of the zoning code. The width of the non-handicapped
8 spaces, now shown at 10 feet, could be reduced to nine feet and remain in compliance
9 with the code. It appears that the extra lot area needed to accommodate the handicapped
10 space width can be more than made up for by the lesser width required for all the other
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spaces.
The length of the spaces for the vehicles-for-sale would have to be increased to 16 feet,
while the width, now shown at 10 feet, can be reduced to eight feet. (Site plan staff
generally uses the "compact space" dimensions cited in 62104(5) as the minimum
requirements for vehicles being displayed for sale.)
If customer and vehicle-for-sale parking spaces are increased in leno h to comply with
the code, the arrangement shown in the site plan would leave a 19 foot lane between the
customer parking and the line of vehicles-for-sale; the code requires 20 feet It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parking spaces and some of the vehicle-for-sale spaces on the east side of the lot were
exchanged.
Section b4300( fl of the zoning code states, "The planning commission, after public hearing, may
modify any or all special conditions, when strict application of such special conditions would
unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure
and would result in exceptional undue hardship to the owner of such property or structure;
provided, that such modification wili not impair the intent and purpose of such special condition
and is consistent with the health, morals and general welfare of the community and is consistent
with reasonable enjoyment of adjacent property.
Staff finds that the size of the requested modification, 4,440 square feet or approximately 30
percent, from the required minimum lot azea, is not consistent with reasonable enjoyment of
adjacent property nor the intent of the code to limit outdoor auto sales to larger lots.
Whereas, Pursuant to the provisions of Leg. Code § 64.206, Douglas Berends duly filed
with the City Clerk an appeal from the determination made by the Planning Commission and
requested a hearing before the City Council for the purpose of considering the actions taken by
the said Commission; and
Whereas, Acting pursuant to Leg. Code §§ 64.206 - 64.208, and upon notice to affected
parties a public heazing was duly conducted by the City Council on August 9, 2000 where all
interested parties were given an opportunity to be heard; and
Whereas, The Council, having heazd the statements made, and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby
Resolve, That the Council does hereby uphold the decision of the Planning Commission
to deny the said application and to adopt as its own in support of the Council's decision herein,
the findings in Planning Commission of its Resolution No. 00-35; and be it
e,> s�
j '� 0 ^ � �,1����
2 Finally Resolved, That the City Clerk shall mail a copy of this resolution to the Zoning
3 Administrator and the Planning Commission and to the appellant, Douglas Berends.
OR1GIi�AL
Requested by Department of:
By'
Apps
By:
By:
Form Appr d by City Attorney
By: �(� 4/M/L'�-� �V � /� �c p
Approved by Mayor foY Submission to Council
By:
Adopted by Council= Date ��0�
Adoption Certified by Council Secretary
d�o-�o�0
,
GREEN SHEET
N�106122
Peter Wazner - 266-8710
�T BE ON COUNCIL AGH�I BY (QqT�
NOVCII1bCI Ol, ZOOO
TOTAL �E OF SIGNATURE PAGES
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(CL1P ALL LOCATIONS FOR SIGNATURE)
Memorializing the decision of the City Council on August 9, 2000, denying the appeal of Douglas
Berends to a decision of the Planning Commission denying a request for a special condition use permit
to allow for a used car sales lot at 1170 Arcade Street.
PLANNING COMMISSION
CIB COMMffTEE
CNIL SERVICE CAMMfSSfON
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VES MO
Flas Mis D�� ever bee.n a ary anPbYee7
YE3 NO
Does tltis peroakrm posroec e aldN not normalypoesessetl by arry arrent dty empbyce?
YES NO
Is thia pemaNfrm a tarpetetl ventlort
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CITY OF SAINT PAUL
Nonrs Colemars, Mayor
October 20, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Douglas Berends
Zoning File No. 00-127129
City Council Action Date: August 9, 2000
Deaz Nancy:
L+C'�'f" "ec��%vs? ° �'iB�}2t
.:�E, :
�' � 9 . ' ��o��
_�
Attached please find the signed original resolution memorializing the Council's decision to deny
the appeal of Douglas Berends in the above referenced zoning file. Please place this resolution
on the Council's Consent Agenda at your earliest convenience.
If you have any questions, piease don't hesitate to contact me.
Very truly yours,
irLr�I� �^'!�'Gi�v�`a—�
Peter W. Warner
Assistant City Attorney
OFFICE OF THE CITY ATTORNEY Q O'I
Clayton M. Robinson, Jr., Ciry Attorney
Civil Division
400 Ciry Ha[[ Telephane: 6�7 266-87l0
ISWestKelinggBlvd. Facsimile:6i1?98-5619
Sairst Pau{ Minnuota 5�102
PW Wfrmb
Enclosure
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
ORIG��IAL
CTTY OF SAIIVT PAUL
Norm Coleman, Mayor
Divisian ojPlm�ning
25 West Fourth Sbeet
Saint Paul, MN55102
30
Telephone: 612-266-6565
F¢csimile: 672-228-3314
.�,� ri
_tt ��� -
, Jllly ig� 2���
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
I would like to confirm that a public hearing bef
August 9, 2000 far the following appeal of a Pl
special condition use permit:
A�pellant: DOUGLAS BERENDS
FileNumber #00-135-723
Pui �ose:
Address
Appeal a Planning Commissi
permit to allow for a used caz sa,cs �o�.
1170 Arcade Street (southeast comer of Rose and Arcade)
Le¢al Description of Pronertv: Lots 14 and 15 Block 8 Eastville Heights
Previous Action
Planning Commission Recommendation: Denial; vote: unanimous, June 23, 2000
Zoning Committee Recommendation: Denial; vote: 6-0, June 15, 2000
D I�
use
My understanding is that this public heazing request will appeaz on the agenda for the August 9, 2000
CiTy Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger.
Please call me at 266-6554 if you have any questions.
Sincerely,
�(�.i✓�-f..(,j_ �/ '� 1��---
J
; '�ancy Frick
�'�'sity Planner
l cc: File #00-135-723
File #00-127-129
Pau1 Dubruiel
Cazol Martineau
Wendy Lane, LIEP
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_—= 81: -PAOL IEGAL i r¢nnun s'
ozooes�s
• �srxvn* •
� NOTiCE OF PUBLTC HEARIZiG
The Saint Pau1 City CounciI wtll con-
ducfi' a public hearinb on Wednesday,
Aa�.ist 9, 2000, at 5:30 p.m. in the City
Council Chaznbers, Third Floor City Hall,
15 West Kellagg Bouievard, Sauxt Paul, �NIN
to consider the appeal of Dougtas Serends
to a decision of the Planiurig Commission
denying-a request for a special condition
use permit to allow for a used car sales lot
on the pmpe.rty at L370 Arcade Street
(southeast corner of Rose and Arcade
s��l. .
Dated July 18, 2000 - . �
NAPICY ANDERSOI�I
Assistant CYty Cotineil"Secretary -
. CJuly201 -
I� � i i
: 'n
:a.a.. . [� a � u
..�� a �t � � ��• �a
i, > 1 I �
CITY OF SAII�T PAUL
Nosm Co[emmt, Mayor
August 3, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Aall
Saint Paul, Minnesota 55102
25 Weat Fmvth Sueet Te7ephane: 651-266-6626
SaintPau;MN55702 Faemnile:651-22&3347
RE: Zoning File #00-135-723: DOUGLAS BERENDS
City Council Hearing: August 9, 2000, 530 p.m. City Council Chambers
�
PURPOSE: Appeal a planning commission decision denying a request for a special condition use permit
to allow for a used caz sales lot at 1170 Arcade Street.
PLANI�TING COMMISSION ACTION: DENIAL; vote: unanimous
ZONRVG COMMITI'EE RECOMMENDATION: DENIAL; vote: unanimous
STAFF RECOMMENDATION: DENIAL
SUPPORT: Two (2) persons spoke.
OPPOSIT'ION: No one spoke. Two letters. Three telephone calls. The District 5 Payne Phalen Planning
Council voted to oppose the special condition use permit.
Deaz Ms. Anderson:
DOUGLAS BERENDS has appealed the decision of the Saint Paul Planning Commission to deny a
request for a special condition use permit to allow for a used car sales lot at 1170 Arcade Street. The
Zoning Committee of the Saint Paul Planning Commission held a public heazing on the request on June
15, 2000. The appellant's representatives addressed the committee. At the close of the public heazing
the committee voted unanimously to recommend denial of the permit. The Planning Commission upheld
the Zoning Committee's recommendation to deny the permit on a unanimous vote on June 23, 2000.
This appeal is scheduled to be heazd by the City Council on August 9, 2000. Please notify me if any
member of the City Council wishes to have slides of the site presented at the public hearing. The appeal
packet is attached.
��
Sincerely,
`�� �� c�
U
Nancy Frick
City Planner
Attachments
cc: City Council Members
Douglas Berends
J. Anthony DeRungs
Peter Wazner
Wendy Lane
D3strict 5 Planning Council
File #00-127-129
�"�"ea�`a� - _: -- _
APPLiCAT
Deptrrtmeni e
Zoning Secti�
�� IIOD Cit}• Ha
25 lf esl Fou;
Saint Paul, D
26G-6589
APPELLAt1T
PROPERTY Zoning File Name S^ec�u ;.o:ir�.4e; i;� -�: ;z E-.�;��.�
LOCATION
Address/Location 1i70- �cace S�reet
co:.ing Fiie � ��-227-:.<
TYPE OF APPEAL: Application is hereby made for an appeal to the:
� Board of Zoning Appeals C;3 City Council
�nder the provisions of Chapter 64, Section , Paragraph of the Zoning Code, to
appeat a decision made by the 2�--�;z;- � o = Di li.- �__.�-__
on i�e 23 , 1�j�. File number:�^-?;-_;��
(dafe of decisionJ
I GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement,
permit, decision or refusal made by an administrative o�ciai, or an error in facf, procedure or •
finding made by the Board of Zoning Appeais or the Planning Commission. • �
1• izss s��ce is re�:irea _°or �i�.is ��se� c� loL t.::e:: ot^.er� :;��se t:^_e a.-: ier
.-_oes not pe:.foxn a-�y ca: �repara�.on or. �iis site. :;� se�wice ::a�s a�.-e ;ieec
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�zis area. It is a.;.icht i:se ca.; erei� ��:t ?ri�ac�T s�.xt �c
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ttach additiona! sheet if necessary) �re at�c`.ac
AppticanYs signatur�,� nii ��/,{i� ���/�/t/l.C�/1� Date � lZ 00 City agent� b
�
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Application for Appeal of Deniat of SCUP
Douglas Berends
1170 Arcade St., St. Paui
File #00-127-129
Page 2
C�
4• The parldng, vehicle placement and lane width requiremems aze all acceptable as
recommended by the Planning Commission. An alternarive arrangement of the vehicles
for sale and for customer parking can be accommodated.
FolIowing the meeting of Thursday, March�, 2000, I met with the District 5 Planning
councit communrty meeting participants. More than half of the people at the meeting spoke with
me at the conclusion of the meeting. Contrary to the Dist. 5 Ptanning council report they were
� opposed to my development of the lot as proposed. They expressed to me that if the alley
was blocked off so that there would be no commercial use of the alley, they didn't believe tbe
commercial use would be of damage to the surrounding properry. They were more interested in
whether the pay phone could be removed with which I am in complete agreement. If there aze
people in the azea that the neighbors find offensive, it is more likely due to the accessibility of the
pay phone than used vehicle sales.
I will not be operating a convenience store or gas starion as the tot has been used in the
past, both of which amact large numbers of customers. I anticipate use of appro�mately 15 �
customers per day with a single lot saIes person. Based on my conversarions the neighbors
indicated they believed less appealing business could be on this lot. There were three people who
expressed clear opposition to my proposai. They wanted the lot to be green sgace with no
business of any kind on the lot. Uniess the City wants to acquire the property, I don't believe the
lot can be so restricted.
This Special Conditional Use Permit application needed to be judged on the merits of the
business proposed. There will be no gas pumps, tanks or overhead canopies alI of which have
already been removed. The property will be properly resurfaced with asphalt, graded and drained
to dispose of any surface water accumulated in the area. I would also resurface the adjacent alley
way if approved by the City. The vehicle entrance and exit is on Arcade, approximately 100 feet
from the Rose Street intersection. The business will not increase local street usage.
I do not intend to perform an repair or refinishing work on vehicles at this site. When the
minimum lot size for a motor vehicle�usiness was set, service bays and building space for parts
and equipment storage had to be considered as a necessary part af the business. I already have
another site for vehicle preparation. The existing bnitding would be occupied and used as a sales
office. It will no longer be sitting vacant and unused. A five foot cedar privacy fence will be
installed on the back property line to separate the Iots and a 20 inch cedar fence will be installed
on the front property line on Arcade and atong the alleyway to bIock it off. Curbing is already
present on Rose SYreet and the Rose Street access wi11 be closed off.
Please refer to the scated site plan previously suppiied along with the pictures of the �
current condition of the property including the building.
- - - -- ��:-�
- - �" -- � � - =�'.
�
�
ciijr of saint paul
planning commission resolution
fiie number _ „�_� �
date � 6�ZS�oo .. .. . -
-- �,-.:m::>_���: ;,::._
_ _ - _ - --,� -
� �C�i3O
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� .,, : -�_.;�.�.. s _-:�. -
. - ,r:.-, .. G3:� ...- _..?'t`"T - = -
tVHEREAS, DOUGLAS B£RENDS, fi[e �00-127-129, has �pplied for a Special Condition Use Permit
under the provisions of Section § 60.544(2) of the Saint Paul Legislative Code, to allow a used auto
dealership at I 170 Arcade Street; Iegally described as I,ots 14 and 15 Block 8 Easrvilte Hei�hts; and
«'HEREAS, the Zoning Committee of the Plannin� Commission, on 06/15/00, held a public hearing at
��•liich all persons present were given an opportunity to be heard pursuant to said application in
accordance �vitli t]ie requirements of Section 64300 of the Saint Paul Legislative Code; and �
�VHEREAS, Saint Paul Plannin� Commission, based on the evidence presented to its Zonin� Committee
at the pub(ic hearing as substantially reflected in the minutes, made the follo�ving findings of fact:
The applicant, Dou�las Berends, has a purctiase agreement dated March 15, 2000 for the
properry at 1170 Arcade and proposes to establislz a used car business at the site. The property is ..
a vacant Ashland gas station. The applicant has provided documentation from the Minnesota
Pollution Control Agency that the underground tanks have been removed. The pumps and
canopies have been removed. The building remains and the applicant plans to use it as the
business office. Thz applicant intends to have one employee per shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of automobiles
subject to tl�e follotivin� conditions:
TI:e lot or area s/ra1! be provided rvitlt a perma�rent, dttrable tu:d tlusfless sttrface, arzd
slra!! be gratled a�zd drained as to dispose of al1 surface tvafer accrrn:rdated fvithin ihe
areu.
This condition is met. The lot is paved; drainage is assumed to 6e satisfactory.
2. Vehicular access to the outdoor sales area s/eall be at least sisty (60) feet from tl:e
interseclior: of ntty iwo (2) streets.
This condition is met. The access from Arcade is approsimatel}• 100 feet from the
intersection of Rose and Arcade. The applicant proposes closina the access on Rose
�vith a cable fence. The applicant also proposes closing the access from the alley with
�vood fencina and a cable fence atong the alley, as shown on the site plan.
moved by Gervais
seconded by
� in favor Unzzi�°°5
against
Z.F. #00-127-129
Page 2 of Resolution
3• Nn rep�rir or refifzisliing s1:�11 be done or: rhe lor uizless cox�lucterl witlrisi R conrpletely
enclosed builrling.
This condition is met. The app(�cant states that no repairor refinishine «•ork �vi(1 be
performed on tfie premises and tliat atf vehicles offered for sale n�ili be in qualiry
condition.
4• T/ae ptbai»tum !ot area slrall be ftf?eei: t1:ot�sand (IS,000) square feet. A site plan sJ:all
be srrbnrit[ed slaorving tlre layout ojtlee ve/riclesforsal or re�zt, e»�ployee prrrkino
custamerparking.
a . lltid .
�
This condition is not met. The lot size is 9,760 square feet. Ifhalfthe aftey is used in .
computino density as a[Iowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is ste(! 4,440 square feet less than the minimum required by the
code. The applicant is seeking a modification ofthis condition.
3 • Section 64.300(d) requires that the p(anning commission make the foltozvin� findings before
grantin� approval ofa principle use subject to special conditions:
a- T/ee eztent,location and inletuity ofthe use rvill be irz srcbstantial conrpliar:ce witlr tl:e
Saint Parrl Comprel:ensive Plar: and �zrry applicable subarea plar:s whide rvere
�rpproved by the cify cormcil. �
This condifion is met. The proposed use is in substantiai compliance �vith the
comprehensive ptan, given that the B-3 zoning district is intended for this kind of use.
b• T/te rrse will provide adequate itze ress ¢nd egress io »:ittinrize irrtffc congestion in tl:e
pub[ic streets.
This condition is met. The applicant site plan indicates access from Arcade
approsimately 100 feet from the intersection of Rose and Arcade. �
�- Tlte trse tvill not be detriment�rl to tlre ex�sting clraracter ofilre developa:ent in t/te
imnrediate trei� hborlrooct or e�zd¢nger Ure public leealtle, safety mad general weljare.
This condition is not met. �Vhile the use is permitted in the B-3 zonine district, and
while the applicant has proposed site improvements includino a five-foot cedar privacy
fence along the rear property line �vhere the site abuts residential use, and a hventy-inch
wood fence aloa� 8�e front property Iine to prevent cars from hangin� over tIie pubtic
side«�al[:, tlie small size of the lot makes the proposed use detrimentat to the immediate
neiahborhood.
<< T/re rrse �vill i:ot inrpede t/:e �rorn:a! and orderly derelopnzetat a�rd inrprovemetrl njllre
srrrroundiito pr�perty for trsespernritted in tlze district.
� �tis conui[iun i; not meL A_�ain, ������ thz u;e is co:isisteizt ���i�h t�t; £z-3 z.:;litt� district, �
the detriment to the neial�borhood character posed b} locatin� thi; usz on z�•zry smail lot
�
. Z.F.#00-i27-I29
Page 3 of Resolution
e.
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is an impediment to impcovement and development of other properiy in the district_
The rrse s1ia1l, itr all otlter respects, confor»: to the appticable regttlations of tl:a disirict
in whide it is located
This condition is met, �vith some rearrangement of parking spaces on tlie siTe pIan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
Yotals five spaces for a lot and building U�is size. The site plan indicates five spaces.
Ho�vever, the site plan sho�vs all spaces (required parking and spaces for the vehicles on
display) as 10 feet �vide and 14 feet lona. To comply wit6 zoning code regulations, •
clianges would need to be made. One of the customer spaces would have to be 16 feet
wide to comply with ADA requiremeats for handicapped parking. The len�th of the
required customer/employee parkin� spaces would have to be increased to 18 feet, as
indicated in Seceion 62.104(4) of the zoning code. The width of the non-handicapped
spaces, notiv sho�vn at J O feet, could be reduced to nine feet and remain in compliance
with the code, lt appears that tlte extra lot area needed to accommodate the handicapped
space width can be more than made up for by tl�e lesser width required for all the other '
spaces.
� The length of the spaces for the ve6icles-for-sale �vould ha��e to be increased to 16 feet,
while the �vidth, no�v shown at 10 feet, can be reduced to ei�ht feet. (Site plan staff
generally uses t6e `�compact space" dimensions cited in 62.104(5) as the minimum
requirements for vehicles bein� displayed for sale.)
If customer and vel�icle-for-sale parking spaces are increased in lensth to comply with
the code, the arrangement sho�m in the site plan «�ould leace a 19 foot lane behveen the
customer parkino and the line of veliicles-for-sale; the code requires 20 feet. It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parkin� spaces and some of the ��ehicle-for-sale spaces on the east side of the lot were
exchan�ed. '
4. Section 64300(� of the zoning code states, "The plannine commission, afrer public hearing, may
modify any or atl special conditions, when strict applicafion of such special conditions would
unreasonably limit or prevent otherwise lawfu{ use of a piece of properry or an esisting structure
and �vould result in escepiional undue hardship to the oticner of such property or structure;
provided, that such modification �vitl not impair the intent and purpose of suc1� special condition
and is consistent �vith the healtli, morals and general �velfare of the communit}• and is consistent .
�vith reasonable enjoyment ofadjacent propeRy.
Staff finds that the sizz of the requested modification, 4,440 square feet or appro�imatet}� 30
percent, from the required minimum lot area, is not consi;tent with reasonable ei�jo}�ment of
adjacent propertt• nor the intent of the code to limit outdoor auto sal�s to lareer lots.
� I304V, THEREEOKE, BE 1T RESOL�jED, b}• thz Saint Paul 1'lanning Commiss(on, tiia� unti�r the
authority of the Cit}•'s Lesislati�•e Code, t(ze application for a Special Condition U;e Permit to allow
Z.F. #00-I27-129
Page 4 of Resolution �
outdoor sales of used automobifes at 1170 Arcade Street is herehy denied, based upon Findina 2(d), that '
the minimum lot size condition is not met, Finding 3(c),•that the use may be detrimental to the existing
character of tfie development in the immediate neighborhood, 3(d), that the use may impede the normal
and order(y devefopment and improvement of the surrounding property for uses permitted in the district,
and Finding 4, that the size of the requested modification, 4,440 square feet orapproxi�nate(y 30 percent,
from the required minimum Iot area, is not consistent �vith reasonable enjoyment of adjacent property nor
the intent of the code to limit outdoor auto sales to larger lots.
�
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City Hall Conference Cenfer
15 Keflogg Boulevaid �
Minutes of Jane 23, 2000
A meeting of the Planning Commission of the City of Saint Paul �vas held Friday, June 23, 2000, at 8:30
a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Engh, Fazicy, Zimmer Lonetti, McCall, and Morton
Present: and Messrs. Anfang, Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, and
Margulies.
Commissioners
Absent:
Mmes. *Duarte, and Messrs. *Kong, *Mazdeii, *Johnson, Alton and Shakir.
*Excused
��
II
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Also, Present: Larry Soderholm, Planning Administrator; Tom Beach (LIEP), Al Lovejoy, Elvira
Barnes-Wycough, Lucy Thompson, Altan Torstenson, Virginia Burke, Nancy Frick
Jim Zdon Nancy Homans, and Martha Faust (Department of Planning and Economic
Development staf�; Patrick L,00nan and John Labosky of the Capitol City
Partnership.
Approval of Minutes of June 9, 2000
I.
Amendments to the mailed drafr of the minutes are as follows:
■ Page ttivo, paragraph seven to state Commissioner Gordon stated he asked City staff.
■ Pa�e t�vo, paragraph eight Commissioner Fie1d on behalfotthe Zoning Committee
moved tlrat tl:e petitio�r.
■ Page four, last paragraph to state Commissioner Engh stated that goin underground
would be allowed if feasible.
■ Page five, fourth paragraph, delete devefoper for and amend to state develoument of
the hotel.
MOTION: CommissionerEng/: moved approval oft/ee n:inutes ofJune 23, 2000 as
corrected, Con:missioner Field seconded t1:e nrotion. T/:e nzotion carried unanimously
on a voice vote.
Chair's Announcement
None
III Planning Administrator's Announcementc '�
Mr. Soderholm stated that Joel Spoonheim, Lucy Thompson and he of the planning staff
went to the Congress for the New Urbanism in Porttand, Oregon. They spent most ofthe
last week in Portland and it was exciting to see the strength of the mazket and the kind of
development that is going on, particularly in the downto�vn. They have had lightrail
transit for fifteen years and they have a very good bus system. He stated he will be
getting his slicles back in the near future and wili present more information to tEte
Commission,
Mr. Soderholm stated that pazking passes are availabte for commission members to pazk
in the Civic Center Ramp. Staff received calls from Commissioners who had passes,
used them and have run out. Passes can be obtained from Elvira Barnes-Wycough after
the meeting.
He also thanked Ms. Bam�s-Wycou�h for servin� as the Commission Secretary on a
temporary basis. A new secretary has been hired cvho cvilt be at the first PIanning
Commission meeting in July and we wi11 introduce her then. He thanked Ms. Bames-
'' Wycough for doing a terrific job without much training in this di�cult position.
Chair Morton stated that she �voufd also like to thank Ms. Bames-Wycough for helping
the Commission throuah this period of time and the commission members have enjoyed
working with her.
Mr. Soderholm reported that there have been meetings between the City staff, the �
developer and neighborhood representatives on Victoria Plaza. They have not reached a
conclusion yet, but they are exp[orin� an option for a smaller Victoria P[aza building and
a second ramp along the alley north of Grand Avenue. The City Council Iaid over their
resolution for one week. City Council has not taken a finai written action on the vote that
they took three weeks ago.
TV Publie Heariug
Brewen�/Ran-View Smalt Area Plan and Forfv Acre Studv
Nancy Homans introduced the area plan summary of ihe Brewery/Ran-Vie�v Small Area
Plan and the related Foriy Acre Study for public hearing. She stated that the plan
addresses the azea between West Seventh Street and the Mississippi River, the Boazd of
Edacation Offices, and 35E. Ran-Vietiv comes from Randolph and View Street.
Work beQan on Yhis plan in October of 1993, when the major issues in the area re[ated to
the conditions in the neighborhood immediately surroundine what is now the Minnesota
Brewins Company. At that point in history, the Planning Commisseoe and the City were
heavily involved in the production of small area plans and d�e plans themselves were
adopted by the City Council as chapters of the Comprehensi��e Plan. The Plannin�
Commission held a public hearin� on the original plan drafr on November I7, ] 995. At �
�
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the same time, that the plan was baing considesed - €or- adop�tioa, there'was a reaiization
that uses of the Koch Mobil site were changing. Neaz the middle of the adoption process,
Koch and Mobil decided Yo teave the tank•fazms viere on the way out, it did not seem •
feasible to adopt a plan for the area that had virtually no recommendation about the future
of the sixty-five-acre site in the heart of the city.
In Auaust of 1999 the task force was reconstituted and co-chaired by Planning
Commission member, Kathi Donnelty-Cohen, and $ecca Hine and Andrew Schmidt from
the West Seventh Federation. Today, the Planning Commission will hear testimony on
the summary of the azea plan and the relaYed Forty Acre study.
While the geographic emphasis and the format ofthe plan have changed, the goals have
notchanged:
The first is to increase the area's population. The West Seventh community has ]ost
population to the construction of I-35 and the United Hospital complex. They
recoanize the strena h of their communiry depends on having a larger population. .
'-' � The second goal is developing ne�v uses for aging industriai sites.
As a central city community located on rail (ines and the Mississippi River, West
Seventh was the model of a successful neighborhood in the industrial era. As the
economy cl�anged, West Seventh has been left with the remnants of that era. The
� railroad yard at Randolph and Shepard is gone, as are the tank farms on the Koch
Mobil site. The Crosby Lake Industrial area is one very successful response to that
chan�e, but ihis plan recommends a series of other and varied responses for those
sites.
� The third goal is cieaning up, renewing and restoring the residential and commercial
structuresin the neighborhood.
Ms. Homans stated that among the most important values that comes through all the
recommendations in the plan is that new development must be done in the context of
the existin� neighborhood fabric. West Seventh is one of those ciassic urban
neighborhoods wliere families stay for generations, where businesses are owned by
people who live down the street. White everybody kno���s that there is a change
coming to �Vest Seventh Street, they want that change to enhance the strength of the
comnatotity and not overwhelm it.
The fouRh goal is to connect the Mississippi River. This is an area where the
Mississippi River was given over to commerce, �vhere tank farms and rail yards stood
between the neighborhood and the river itself. 7he community is making real the
goal that redevelopment and renewal efforts should reclaim that river and provide
access to the river.
�
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Major recornmendations included in the p(an inctude:
I. RedevelopmenT of the Koch Mobil Site. Between I-35E aad Otto, Shepazd and West
Seventh Street. The site represents one of the largest and most excitina possibilities
for the whole city. It is an opportunity to make real all thaY tve have seY forth in this
pfan and the citywide chapters of the Comprehensive Plan. The Plan recoinmends the
construction of about 600 housing units, providing options for smaller St, Paul
households of various ages. Twenty percent of the units should be affordable. It also
recommends a modest amount of neighborhood commerciaf space, along West
Seventh Street itself, witb housina or office space above. She stated that this was the
point �vhere they had the most conversation in their p[anning process.
Ms. Homans stated that there were some who proposed that the Koch Mobil site
should be used for fair]y large scale retai! developmertt, feeiina that the creation of
such a commercial site would be a regional draw to West Seventh Street and improve
the health of West Seventh Street itself. After a discussion with the business owners
on �Vest Seventh Street, it is the task force's recommendation that it is neighborhood
scale commercial that does the most to serve the vitality of West Seventh Street.
i
2. Further, the plan recommends the redevelopment of other industrial sites, primazily
the industriat site at Rando(ph and Shepard where the ADM elevators are today,
ADM stil] operates there; it is an important business and there's no recommendation
that the business be moved. Owners of the sarrounding petro[eum and railroad �
related businesses haven't begun their cleanup process yet, so much of the site is now
used for the storage of cars, buT markeT pressures rvill eventually build on this site for
a more intensive use.
The p[an recommends that the site eventually have a mis use but the detailed
planning can �vait until the market is cleazer about the direction and timing for
redevelopment of the site.
3. Renewin� the existing fabric ofthe community, There is a series of
recommendations related to rehab and renewal of residential and commercial
structures in the area. That work is well ander way. The West Seventh Business
Association has been very active in that process.
4. Strengthen West Seventh Street as a neighborhood commercial corcidor by improving
of the pl�}•sical character, adding to and the mix of businesses and creating an
environment where those businesses thrive.
5. Enhancins the parks, recreation and open spaces. This is an area that is right on the
Mississippi. They need to build a link to the river_
What �eill be before the Commission once it comes back from committee is the adoption
of The summan� of the plan, as a chapter of ihe Comprehensive P(an. There is also work
on land use resulations that we need to do. The Plan recommends that the Koch Mobil
site be re,idated throu;h a Planned Development, which involves al! the detaits of a �
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� devetopmeni coming in and xhe-�ity PlanninaComsnission and£ity Council esseatially
adopting a plan regulating the mix of uses, the setbacks, etc.
In the last week or so some of the zoning professionals have indicaYed that the Planned
Development toof is not very flexible and fltat some other mix of re�ulations would be
more appropriate. This will be addressed in the Neighborhood Committee. There aze
also two small neiahborhood pockets where the Forty Acre Study recommends rezoning
to the existing use. They were zoned for multiple family and that they remain single
family and townhouse azeas. Finally, the plan recommends rezonin; the �vaterfront pazk
land from industrial too residential.
In conclusion she stated that the ptanning process was a wonderful process for her even
with the length of time it took. The task force members were hard working and extremely
dedicated. She stated that Commissioner ponnelly-Cohen had to join in the middle of a
long and ongoing process and exercised an important leadership rote.
Commissioner Corbey asked if these �vere the last of the tank farms. Ms. Homans stated
that these are no more tank farms. This plan doesn't make recommendations for ai1 the
tank farm sites, but it does make recommendations for the major ones. There was one
right on the river - Union Oil had it for a while - and it was outside of this study area. The
Port Authority is working on that site.
� Commissioner Gordon stated that in auidetines that the Commissioners adopted
previously, with respect to approving these summaries, plans should provide for where
commercial and residential development should take place within the study area. This
one appears to identify some areas. He asked Ms. Homans �vhether she �vas satisfied that
fiiture commercial and residential development within this area is adequately addressed.
Ms. Homans stated that she would have to go throu�h it one more time to make sure that
there aren't any areas feft unspecified, but she believes eacl� portion of the nei�hborhood
and the future uses for those areas were systematically addressed. The existing fabric
dictates most of it and the plan does not recommend wholesale chan�es to that existing .
fabric. There are recommendations on al l of the major vacant parcels in the area.
Commissioner Gordon also stated that the Commission is cunentty working on the River
Corridor Plan as well and he can see that there is some overlap behveen this plan and the
River Corridor Plan. He asked whether she has had con�ersation with the parties working
on the River Corridor Plan to make sure these tivo are goin� to be consistent �vith each
other. Ms. Homans stated that she has and that she thinks that they are very
complementary.
Chair MoROn asked Commissioner ponnel(y-Cohen whether she had anythin� to add.
She stated that she would like to add that she did come in toward the end of this, but the
dedication> the work and the cooperation of the communit}� and those persons who stuck
with it all those years, even thou�h some mo��ed a�cay and came back to work on the plan.
� It was quite estraordinary.
Chair Morton opened the public hearing
�
Marcy Groves, 1833 Ivan Way. She moved to the azea about rivo years ago. As a
community person, she called the West Seventh Federation and asked if she could get
involved in that small area plan and they totd her it was already approved. She went to
their annual meetina where she found out what was going on in their small azea plan and
she feels that the community was not involved like they should have been. Her
recommendation is tfiat it goes back to the community and the community peop(e have
their voices heazd and that their recommendations are included in the pian. With
recreation, we have kids that aze growing up and there could be more recreational
activities for them.
Holly Crouse, 1911 Knob Road, Executive Director ofthe Business Association
Revitalization Corporation. We have done thirty-eight projecu in the last eighteen
months up and down West Seventh Street. Her organization hopes to be more of a
sTreno h and a voice for the businesses a(ong the way. The only comment is that they got
involved very late in this process. She went to a meeting very late in the process and
asked for the businesses to have a voice. At that point there was an open meeting for the
businesses aad everybody rvas involved arsd zhey were able to get a!ot of the informaYion.
They would tike to see mixed use and many of the businesses would love to have more
people in the nei�hborhood. She thinks the plan is very well thou�ht out. She would like
to see more unified efforts in the future.
Kim Knudson, 224 W. Isabel Street. TUe last time she appeazed before the Commission. �
they were focused on the area around the Brewery. Sfie tfianked commissioners for the
support they gave to the Bre�very area redevelopment. It is looking very beautiful and
everyone has received it very �vell. The next phase of deve(opment is the River Bluff
Homes. She has tatked witU businesses all the �vay do�vn West Seventh. She �c�ent into
alf the businesses and asked �vhat they need in this area. They said, we need people. The
�rocery store by Champps said they were just han�ing on and it has chan�ed hands a�ain.
Then we got together with various groups of people and interviewed people and the
people said we need homes. Currently there aze only three homes for sale in Nest
Seventh Street and probably if you asked someone tomorrow, they �vill not be there.
People around West Seventh Street like to tive by their relatives. Older relatives don't
fiave a place to l ive if they want to set! their home. In this plan, �ce wanted to make sure
everyone was involved and people of all incomes would be able to qualify for these
homes.
You almost have to dri��e up to look at the beautiful majestic ri�•er. It just about takes
your breath a�vay, and to have the possibility of a huge buildins blocking this �vhole river
would be a true travesty and quite a waste. There are places for larger business, and they
are needed, but in the rio��t ptace. 7'his is a beautifiil area to reim�est in housino. You are
puttina brand-ne��• homes in an esistin� area and they can look like they have ahvays been
there. Tlie citizens of �Vest Seventh Street and Saint Paut need this plan. She supports
this beautiful plan and, for everyone ���ho has been involved, it �cill be a beautiful thing to �
oa-lo3a
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- leave behind forour cHildren.
Dan Dege, 2145 Ford �arkway #20i inadvertently signed the wrong list. Said as an
observer it looks like a wonderful pian and a great opportunity.
Becca Hine, 757 Armstrong Avenue, stated that she was one of tite co-chairs of the task
force and is in support of the plan. She believed it is important to note that their
community is between the airport and downtown and should be "filled in" with quality
development. Two seniors on either side of her have had to move because they could no
lon�er take care of their o�m homes and they could not find affordabte housing in the
neighborhood. Senior housing itrthe new Koch Mobil site will be able to relocate those
people in our community.
Jim Walsh asked if his business, riaht across from the grain elevator at 615 Drake Street
is in the study area. He is ti�ht industrial and he objects to being changed to anything but
light industrial because now you have a huge problem with ethanot odors and he doesn't
see hoFV you can have first class housing with those types of odors.
Commissioner Gordon asked �vhat his business is and he stated it was sheet metal and
COOFRa.
Diane Gert/:, 909 Bayard, �vas also on the plannin� committee to put the pfan together.
� She is close to the Koch Mobil site. There is some tweaking that she would recommend
in zonin� in the small area plan, but obviously the use of that site is the biggest change in
our neighborhood. It is a tremendous opportunity to move forward in a�vay that the
neighborhood has ratlied around. She has lived in the neighborhood for about twelve
years and recognizes is that she is a newcomer and that many people are there for the long
haul. There are people in her block wlto are in their 80's who are living in the houses the}
were born in. They are very reluctant to move away from where their churches and their
families and their neighbors are. This does, for the seniors, open up an opportunity for
their houses to move back into the marketplace. 7his will help free up more single famil}
housing in that part of the City. Koch-Mobii is a former tank farm and the remediation
issues are real and she thinks they are being addressed. ln putting the plan together they
have tried not to do any harm to existin� businesses. This is a dense development, but it
is a big city space. We tried to include in the descriptions those things we value about our
neighborhood like front yards that are not dominated by gara�es, neighbors that are close,
a diversity of housing (clear in not trying to have a suburban devetopment placed in the
neighborhood). She urged the Commissioners to adopt the plan and move fonvard with it
so that they can do these exciting things in their neighborhood.
�
Jeff Joiner, 575 Drake Street, Reoional Mana�er for ADM. He was at the Plannin�
Commission meeting a few years ago and when ADM had just purchased land that was
within the plannin� area. They do own the land and they are going through a process
where they are goin� to make the facility a�ery pleasing looking area. T4�ey are letting
the City of Saint Paul use the land where the oil tanks use to be, for the cement ptant for
Shepard Road. When they are done, there are a couple of plans to possibly use the land
and he would like to be involved. They hear about people knocking on doors and he has �
tatked with Nancy Homans, maybe twice in the past five yeazs, and he 6as been invited to
some meetings, but no one really comes and talks to them. The}� have some pleasing �
intentions for that land. A(so, he has �vorked their twenty five }'eazs and there are some
issues in the area, not on their land, but on the old Metalcote land. There aze a lot of
thinas there that are hidden and he be(ieves he can be of value.
Jin: Classen stated he just purchased his home at 818 Stewart. He said he agrees with the
gentleman about the smell at the ethanol plant. If he had kno�m that had been put in he
woald not have bought down there. It has a really foul odor. He lives right next door to
the Mobil site and it is an eye sore and he agrees that maybe they shoufd put housina in
there. He bought a duplex and he planned on renting it, but he doesn't know �vhether he
would ever be able to rent it with the smells. They say they �vant to clean up the
neighborhood and he a�rees. The homes on Stewart Avenue are run down and should be
repaired. He and his wife have been at this address for a year as of April 29 and they
�vant to get out, they are ready to sell. They had seen the site bein� brought up and
looking better and always liked livin� in the city. The street they live on is a real dazk
sTreet. It ]ooks like ti�ey have repaired some sTreets around the area, but the street I am on
is collapsing riaht in my front yard on the boulevard. There are a lot of things that should
be done.
Betty Mya�:, 974 West Seventh, West Seventh Federation. She addressed the smell issue.
Minnesota Brewing Company has put in an ethanol plant and there are hvo issues, smell �
and noise. The noise was taken care of this ���eek when the}• had a muffler put on. They
didn't expect that much noise comin� from ���hat they calf a c}�clone fan that circuiates the
corn inside the buildina. They have another scrubber en route from California and that
�vill take care of the smell coming from the CO2 that is being released into the air. Once
that is captured and they recycle the CO2 coming from the cooking process, the smell �vill
be �one. They have guaranteed us and we believe them that iheq wilt take care of this
problem and make sure that the neiahborhood does not have to deal with this. They sell
beer, they sell beer to people on West Seventh Street and Saint Paul and the Federation
does not want that business to go away. ,
MOTION: Conrn:issioner ponne[ly-Co/ten »:oved t/:at tlte Brewery/Ran-View Smr�[I
Areu Plan and Forty Acre Study be referred to tlre Neialtborl:oorl ar:d Current
Pla/tn�/tg Committee and tlae public /tearin:o be closed Conunissio�ter %ran:er
secnnded Tlre motio�: carried on a unanimous vnice votz
Commissioner Faricy stated that the date of the Nei�hborhood Committee meeting will be
Wednesday, July t2 at 830 a.m.
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Oc�-/o30
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Hocteev Areaa SiQn Stndv
Mr. Soderholm stated members ofthe Commission received copies of the Hockey Arena
Sign Zoning Study at the time the public hearing was scheduled and that additional copies
aze avaitable to anyone who �vould iike to have one as the testimony proceeds,
Mr. Soderholm summarized the Hockey Arena Signs Study before the pubiic hearing
started. He stated that the purposes of the Hockey Arena Zonina Signs Study are to allow
two lazge signs on the hockey arena that will have some advertisin�. Each one of the rivo
signs has an electronic message board and surrounded by the names of four corporate
sponsors of the team.
The City is the owner of the hockey arena and the team is leasin� the arena from the City.
The lease agreement, which �vas concluded before we got into the advertising sign zoning
study, provides that if these signs are allowed at the arena, the team will pay larger lease
payments to the City and over the hventy-five years it adds up to a si�nificant amount,
16.7 million doltars. He stated that we need to amend the zoning code and the temporary
moratorium on advertising signs on the downtown area to permit these signs. That is the
purpose of the study.
Mr. Soderholm presented some drawings to show the Iocations of the proposed signs.
Each si�n is just less than 600 square feet and the message boards are 360 square feet.
Staff recommends that we adopt new regulations to permit these siens as a permitted
accessory use at a professional sports facility that seats at least 10,000 people, if the
facility is (ocated in the downtown or industrial zonin� districts, with some required
standards for the signs. If the facility is on one aRerial street you can have one sign, if it is
on rivo or more, you can have two si�ns. The hockey arena has fronta�es on Kellogg,
West Seventh and Fifrh. The maximum size is 700 square feet and it counts toward the
business signa�e. Advertising signs are usually a large esception to the amount of square
footage a business can have. In this case, we are recommending that the advertising .
signs be included in the regular business signage for total square feet. We have some
spacin� requirements for houses of �vorship, schools, or residences. No li�htin� of the
signs is permitted between midnight and 6:Q0 a.m., and, of course, �ve need to lift the
temporary moratorium on si�ns downtown. These are the recommendations of the staff:
The Commission has been working on and shortly witl come out �rith recommendations
for tou?her re�ulations on advertising sians in the city. Mr. Soderhotm said he has
paused to think about «�hether there is justification for loosenin� our regulations for
advertising si�ns at the hockey arena. He believes this is an exceptionat case and that
these sisns should be permitted because:
■ These si�ns have a�ery clear public benefit. If �ve are ooine to have professional
sports, which the Mayor and the City Council have decided�then ad��ertising signage
is a customary financing method for professional sports teams. You see it at the
Humphrey Dome, Target Center and stadiums around the country. If we recognize
the public benefit of havin� professiona! sports in downtown Saint Paul, then the
signs come along as part of the package.
■ Compared to bil(boards, the total amount of sign-age is small. He stated that few
peop(e would object to advertising signs if the advertising signs were half the size of
the permitted business signs, but, of course, they are much lazger than business signs.
In this case the totaf amount of signaae on the azena is only 37 percent of the amount
of business sign-age the zonin� code would allow.
■ This building has gone through a public design review process, has been approved by
representatives of the public as a handsome baildin�, and the signs aze integrated into
the architecture of the buildin�, another major distinction between these signs anfl
billboards.
These are the reasons he is recommending that it is justifiab(e for the Planning
Commission to recommend approval of advertising signs at the azena, and not necessarily
be in favor of liberalizin� advertising sign regulations else�vhere in the downtown or
� elsewhere in the City.
Commissioner Zimmer Lonetti asked how bi� the sign at the RiverCentre is. Mr.
Soderholm stated that the existing messa�e reader board at the RiverCentre is about one-
fourth the size of the messa�e reader boards that will be on this building.
Commissioner Margulies asked whether Mr. Soderholm knew how it compares to the
Taroet Center in Minneapolis. Mr. Soderholm stated that he did not.
Mr. Soderhofm pointed out that the Commissioners received rivo letters, one from State
Representative Michael Paymar, tivho hopes that we will find an alternative to havin�
advertisin� si�ns at the hockey arena and one from Peter Coyle, who is at the heazing.
Chair Morton opened the public hearing
Peter Coyle, 7900 Xerses Avenue So., Bloomington, an attorney with Larkin, Hoffrnan,
Daly and Lindgren, Ltd. He spoke on behalf of DeLiie Outdoor Advertising and he was
joined by Paul Radermacher, a representative of the company �vho was available to
respond to any questions.
Mr. Coyle stated that he is a re(uctant opponent to the proposal. He is not opposed to the
idea that the City �vould like to attract needed revenue to support the arena and they
suppoR the idea that advertising signs fit as part of the business rriis to make the arena a
viable, successful, business enterprise for the City. What they object to is the procedure
that is bein� followed by the City, where it is cavalierly treatin� itself preferentially.
Other ton� standing basiness enterprises are not bein� afforded the same treatment in the
process that is being followed today, let alone within the lasc t���o to three years when
there has been an interim moratorium that has blocked consideration of private proposa]s
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for the construction of new advettis�w s aQns in Yhe City of Saint Paul.
He stated that ttte-moratorium that Mr. Soderholm spoke to was adopted by the City in �
1998 and it shut down any staff consideration of any advertising sia proposals, no matter
how meritorious. The process that has been played out by ciTy staff and by an. appointed
task force and now by a subcommittee of this Planning Commission has yet to produce
amendments to the city's ordinances. They understand that an amendment may be
forthcoming, but they have been told that for the better pact of a coup(e of years. Now
this process allows for City consideration of an exemption for itself that's coming,
essentially, out of left field in a manner that he thinks is patently unfair.
DeLite and other similarly situated pri�•ate companies have not been afforded the same
level of treatment by the City process and they object on that basis. The City adopted an
interim development moratorium better than two years ago. They have been attempting
to gain verification from City staff for at least a couple of months now as to how long
that moratorium will last, and they have yet to receive any response to their question.
He continued by stating that there are �•ery clear requirements in State la�v as to how
interim moratoria are to be applied. The first hallmark is they must be applied fairly and
uniformly. It is quite clear from t1�e process that the City is attempting to use the
moratorium process in a manner that favors its own admittedly commercial and financial
purposes, which he understands and doesn't fundamentally have a problem with. But he
does object when the City uses the process to favor itself to the disadvantage of private
similarly situated businesses, such as DeLite.
Mr. Coyle said that there is clear case law that says, when cities use the regulatory
process in this manner, it is patently unfair, and it is illegaL In this case, DeLite
submitted essentially a similar proposal to the city, approsimately sis months a�o and
DeLite was told that its proposal was untimely because of the moratorium. DeLite �vas
told to wait untit an overall solution to the advertisin� sian issue in the city �vas brought
forth and tl�at its proposal could be dealt with at that time.
Mr. Soderholm, he thinks, honestly characterizes the proposal today as a loosening ofthe
reaulations for the City's benefit so that they can capture a significant revenue stream.
Mr. Coyle agrees with that characterization. DeLite's proposat did not request any kind
of loosening of the city's standard. Its proposal was in full compliance �vith city code.
DeLite's proposal called for the removal of billboard space, ��hich is one of the primary
goals of the drafr report of the Legislative Advisory Task Force and of the Planning
Commission's committee. The arena proposal calls for no reduction or removal of any
sort of billboard space owned by Cih�. The City is an owner of billboard space and he did
not see any paR of fhe proposal including a recommendation that the City's existin�
billboards be taken down as paR of this proposal.
He said that there is an aspect of antitrust that needs to be raised. R'hen a cit}� ventures
off of its leQitimate domain of public po(ic}� formation and steps into the business world
as a private or quasi-private enterprise, which is ho«� the arena is set up to function, there
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are different rules and those rules require that you play on a level fie(d. This process is not �
a level field. When cities use rea latory powers to further their own business enterprise
opportuniYies, and to shut down similarly situated private ventures, thaT's i1legal. He
would like to note respectfully for the record DeLite's opposition on that basis.
They do not have a problem with the placement of adveRisements on the arena. He is
pieased to hear Mr. Soderhoim extollina the virtues of advertising for that purpose.
DeLite would like to have that same oppoRuniry in the Ciry of Saint Paul.
DeLite's proposal, and he apologized that it was not a part of the package that was
provided to the Commissioners, did not advocate any loosening of re�ulations. Mr.
Soderholm mentioned that the hockey arena proposal was of si�nificant benefit to the
City because of the financial opportunities afforded by the lease arranaemenf with the
owners of the hockey team. Those same financial benefiu accrue, not only to companies
like DeLite, but also to their property o�mers and he would like to have their
opportunities protected as wett. He stated that Mr. Soderholm indicated that the sia s are
relatively small and then he confirmed that they �vere four times the size of the electric
sign at the RiverCentre property. Mr. Coyle's guess is that they are probably about
average, frankty, relative to existin� advertising structures throu�hout Saint Paul.
Mr. Coyle stated that Mr. Soderhotm indicated that there was a public design process that
these signs have gone throu�h. All billboard companies and advertisin� sign companies
have to go throuah a review process that the City enforces and supervises. He said that �
DeLite's proposa! is a stron�er proposal than the one before the Commission and they
would asi: for equat consideration ofthat proposal on the same schedule as the hockey
arena proposal.
Commissioner Gordon said that Mr. Coyle's letter refers to the DeLite proposal that was
made to the City Council and was not accepted. He asked whether they witl be supplyin�
copies of that proposa[ to Commission members. Mr. Coyle stated that he wou[d.
Commissioner Gordon stated that he personally had seen the proposal, but did not think
many of the members had. ,
Mr. Coyle stated that he would like to make one correction to Commissioner Gordon's
statement. Th� City Council took no action on DeLite's proposal; it was tabted at the
motion of Councilmember Blakey, who was the author of the proposal, for the stated
reason that the consensus of the Councit cvas that it svas prematare and should be dealt
«�ith in the context of the larger resolution of the advertisins si�n question. This
underscores DeLite's concem that this process is bein� used unfairly to the disadvantage
of private enterprise.
Commissioner Gordon stated that �vith respect to DeLite's proposat, ifthe City had
aereed to it, the City would have had to lift the moratorium for every�one.
btc Coyte responded by stating that the City could have, but it would not have to have
done so. �
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Commissioner Gordon responded by saying that DeLite's proposal was designed to
enable them to gain some aduertisina signs while the moratorivm remained in effect for
everybody else, inciuding the City. .
No different from the proposal that is before you today, Mr. Coyle said, that is conect.
Commissioner Gordon asked ifthe City does not fift the moratorium for DeLite, then
dces Mr. Coyle contend that the City cannot proceed with advertising at the arena?
Mr. Coyle said that would be their contention, that is corcect.
Commissioner Gordon stated that it �vould deprive the City of approximately $385,000
annuatly or $17.2 million over the life of the arrangement.
Mr. Coyte stated that he is not privy to all the numbers, but it is no different from their
property owners who would like to be their customers under similar landlord/tenant
arrangements. That is correct.
� Jeanne 6i'eigum, 1647 Laurel, Saint Paul. Representing Scenic Minnesota, a nonprofit
organization committed to the visual improvement of communities and public road�vays.
Off-premises advertising si�ns impact surrounding residences and businesses. They
create visual clutter and detract from business signs, which local businesses use to attract
� customers and shoppers use to locate the goods and services which they seek. �Vhen off-
premise advertising signs are alfowed, other businesses must visuatly compete. To be
noticed, each business tries to sho�rt louder than the one nest door and the end result is
_ visual clutter.
Obviously, city planners were concerned about this in the past and the City Council, more
than a decade ago adopted regutations that prohibited new advertisin� signs downto�vn.
The B-4 zone allows no ne�v adveRising signs and they had very valid reasons for that
decision. Investors and people looking to live downtown have been able to count on
zoning to protect them from billboards being erected on adjoining property. Billboards, if
erected, would reduce tlieir enjoyment and the value of their property. Increasin�ly,
downtown has become a residentiat area, a trend which is playin� a vital rote in chan�ing
our urban core. Those w6o o�vn condos or rent don't need to «'orry about a lighted
billboard being erected which would mar tlieir views of the river or the Capitol, vie�vs for
which they have paid a premium price. Ifyou think this is a fantasy, imagine the people
who awakened one morning to discover a billboard erected on the top of the Colonnade
Buildin„ a billboard erected literally hours before it �vould have been i(legal to do so.
Scenic Minnesota opposes the modification of the downto«�n zonin� code to allow
advertisin� sians for five reasons:
• Do��ntown Izas been zoned to prohibit this t}�pe of si�naae for many years.
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• Contrary to the fiill document that the city planners procided to you, which implies
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that the new azena signs were ne�otiated prior to these regulations, the regulations on �
advertising signs in downtown have been on the books for many years. You are being,
asked to reverse the trend of the last decade and a haff. ThaYs why it takes a super
majority of the City Council to modify the Zoning Code. If you read the planner's
report to you, it imp[ies that this is a done deal--people signed off on it, names are on
the dotted }irte, it is too late to change. This is simply not true.
Those who negotiated this contract gave away something they did not have, they gave
away your vote and they gave the vote of the City Council away. They had no right
to do that and now they expect you, as the Ptanning Commission, to roll over and say
they've done it, fine with us�It does not need to be fine with you. You can choose to
vote the way you think you ought To. The azgument has been made that anless we
get the development revenues from these biliboards, the taxpayers will have to pony
up $390,000 a year. She sugaested making a slightly different argument. She bet that
if we put biliboards on Como Conservatory, the Ciry could make $100,000 per year
easy, maybe $200,000 for biltboards on the side ofCity Hall. This is absurd loaic; it
is absurd because we have choices.
As you enter downtown Saint Paul from the East Side on I-94 now, the view of
downtown buildings is dominated by a billboard with a camera sign. Why on earth
would we now wish to mar yet another gateway to our beautiful city?
The decision we make today, we �vilt have to live with for decades. Sometime ago a �
body, perhaps the Planning Commission, approved a billboard advertisina type si�n
on the side of the West Seventh Street Hardware Store. It has said Milwaukee Tools
for decades and it's still there. Hardly anyone today thinks that sign was a good idea.
The same goes for the sien on the top of the Colonnade Building. Somebody a while
back thought it was a good idea and no�v hundreds and thousands of us live �vith the
consequence of that decision. The Ptanning Commission can make a good decision
today for the lona tertn appeazance of our communit} b}� opposin� advertisin� signs
on the hockey arena.
The zonin� amendment, as she reads it, appears to address the issue of night lightina.
On Mr. Soderholm's overhead sfide, he said there won't be any night lightin�. But
the draft ordinance appears to sa}• that there n:ight not be any, that if too many people
object, there won't be any. She has learned that there are euphemisms for blinkina
artd flashing lights. They no loneer blink and flash. The}� strobe and move azound,
�chich increases the bli�hting impact on the neighborhoods.
• Increasing billboard advertisin� in St. Paul is not a good idea. The trend has
increasin�ty been a�vay from it. It is a step back�vard and tfiere is no compelling
reason tivhy you, as a Planning Commission, should aeree to reverse the trends of the
last decade. She encoura�ed the Plannin� Commission to �ejec[ the proposal.
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� MOTIOPT: Comn:issioner Gordon moved to close tl:e public hearing and to accept
wriSen teslimony unti! Tnesday, June 27 at 4:30 p.m, and also to refer t/:e Hockry
Arersa Sigas Study to t):e Con:prelaensive Planning Committee Commissioner Field
offered a friendly amendmenl to refer t/te matter to the Zoning Comminee for its
consideration on July 6.
Seconded by Commissioner ponne!!y -Cokeiz. Tlie motion carried on a unanimous
voice vote.
Commissioner Field stated that the Zoning Committee met on June 15. He was absent
and asked Commissioner Gervais to make the Zoning Committee report.
Commissioner Gervais stated that the Zoning Committee had one item of old business:
#00125-361 Precision Tune - Speciai Condition ITse Permit �vith Modification of
Special Conditions to alto�v reconstruction of an auto specialty store with a 6 foot
landscaped buffer area along the north property line (10 foot setback required) on a
9,760 sq. foot lot (15,000 square feet required). 360 S. Sneliing Avenue, NE corner
' Snelling and Jefferson.
There was no comment from the district counci(. No one spoke in support and two spoke
in opposition. The hearing tivas closed and a motion was adopted for approval �vith the
� following conditions:
I. That a majority ofthe Snellin� Avenue facade, the Jefferson Avenue facade that
covers the customer waiting area and the west twenty feet of the north building facade
be faced �vith brick similar in color to the commercia( buildin� on the southeast
corner of Snelling and Jefferson.
2. That the remainder of the buitding's facade be of rouah faced concrete hlock that
matches the brownish tones of the brick facade. �
3. That all landscaping, shrubs, evergreens and trees be watered and maintained.
4. That the front building setback off Snel(in� Avenue be 16 feet and that the applicant
be granted a parkin� variance of one space to accommodate the setback requirement.
With a vote of 6-0, the motion passed.
Commissioner Kramer asked whether Mr. Zdon, after the Zoning Committee had
completed its action on this case, had talked with the applicant and had found out if the
applicant believes they are able to build somethine within the parameters we have set out.
Mr. Zdon stated that he did send out a revised site plan to the applicant and the architect
has fonvarded it on to the owner of the properh. He stated that the architect, Mr. Dege,
� was in attendance at the Planning Commission meeting. YIr. Zdon conferred briefly with
Mc Dege and then indiczted that the applicant is �cillin, to move ahead �vith tLe revised
site p(an with the sisteen-foot setback. �
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MOTION: Commissioner Gervais moved to approve #00-I25-361 Precision Tune -
Specia! Condition Use Permit with Modification ofSpecia[ Conditions to aUow
reconstruction of an auto speciafty store at 360 S. Snelling Avenue, NE corner Snelling
and defferson wit1: conditions I-4 abnvz
Tlte motion passed on a unanin:ous voice vote.
Commissioner Gervais statin� that the foltowing new business �vas addressed by the
Zoning Committee.
#00-127-177 VoiceStream Wireless - Special Condirion Use Permit to install six
cellular antennas on an existing residentiat strucfure less than 60 ft. high. 33 Avon
St., NW corner of Avon and Grand.
The district council had no objection. No one spoke in support and no one spoke
opposition. The hearing was closed and there was a motion to approve the staff
recommendations.
MOTION: Conzmissioner Gervais n:oved tltat t/te application of YoiceStream Wireless
for a Special Conditiox Use Pern:it to allow t1:e ir:stallation of six (6) antennas on four
(4) poles and tlte related transn:iui�:g, switcl:ing and receivina equipment on ilte
builrling located at flze nortl:west corner of Grand and Avon be approved. �
The motion carried on a unaninnzous voice vote
#00-127-058 Sem le Excavatina & Truckina - Rezone from I-2 to I-3 to altow (with a
Special Condition Use Permit) processeng and recycling of concrete and asphalt on
site; 91 Ridder Circle.
Commissioner Gervais stated that no one spoke in favor, one spoke in opposition. The
public hearine was closed. There was a motion for denial. There was a 5-1 vote for the
denial. �
MOTION: Com»zissioner Gervais n:oved t/iat #0 012 7-058 Sen:ple Excavating and
Trackixe be denied.
Commissioner Engh stated that she was the vote opposed to the deniat because she aa eed
with the staff recommendation. She said there �vas either an absence of language or an
intemal inconsistency within the Comprehensive Plan. The Comprehensive Plan talks
about businesses near the river having a relationship �vith the river. Yet, this isn't
defined. She stated she needs a clearer statement of �vhat isn't allo«�ed before she tells a
business that their current use is not allowed; ue need to decide �vhat industrial uses aze
appropriate by the river before ��e tell business that the current use or expanded use isn't
aI lowed.
Commissioner Gordon statzd he voted on the other side of the issue. �Ve ltave lan�uage �
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in the Comprehensive Plan and the Land Use Plan that says new development in the flood
plain, or within 300 feet of the ordinary high water mad: "should have a relationship to
the river, a need for a river location, and/or should enhance the river environment" The
applicant was asked whether or not his application fe11 into any of those categories and he
clearly indicated that it did not. In para�araph three the staff report states that the
Land Use Plan, "supports continuation of industrial uses in appropriate portions of the
river corridor "
Commissioner Gordon stated that there are a couple of points �vhen there is more specific
language and more general lan�uaae in the document.
♦ First, the more specific controis over the general. So the specific reference to river-
related uses ought to take precedence over the general reference to continuation.
♦ Secondly, this is an application to expand the business that is going on; it is not
merely a continuation.
♦ Thirdly, the reference to continuation ought to include the references to river related
from the more specific langua�e.
Second, the machine that they take from site to site to crush the debris is portable.
Their proposal is to operate this machine on site and to open it up as a public area
«�here anyone can brin� in trucks of debris that could be crushed on site. This is not a
continuation of the existin� use. It is a completely ne« use and that is somethina he
could not rationalize doin�.
These points combined �vith all of the other thinss that tive allo�v �cithin the I-3 zone just
did not make ihe case to him to allo�� rezoning at this location.
For all the above reasons he believes the Zonin� Committee did the right thing and he
intends to support that motion.
Commissioner Field stated that he was not at the public hearing but he tends to side with
Commissioner Engh. As he looks at the staff report he thinks staff did a good job and he
agrees with the staff recommendation. He pointed out that there �vas a letter, submitted
afrer the public hearing was closed, in opposition, which �vas circulated to the
Commissioners at this meetins. He said he has a difficult time with the river-related
concept. Reserve Mining was related to Lake Superior, but not in a positive sense. The
«�ording is too ambiguous and vague. He believes he knows what the intention is, but it
confuses him and he will vote in opposition to the committee recommendation.
Commissioner Kramer said that the rivo things that made the decision for him on this
were:
• First, the fact that this is a rezoning to I-3. There are no areas adjacent to this site that
are zoned I-3. The rest ofthe area is zoned I-1, li�ht industrial, and I-2. I-3 allo�vs a
completely different set of operations to take place there.
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Commissioner Fotsch asked whether there was any other way of leaving this I-2 and
altowing a special use.
Commissioner Engh stated that she asked that same question at the Zoning Committee
meeting. Currently, the gentlemen is keeping the portable machine there and moving it to
construction sites to grind the material at construction sites. He wishes to crush materials
on the site, which is allowed in I-3, but not in I-2. Currently, he is storing ground up
concrete and construction debris on site. I-2 allows storing of materials, but it doesn't
altow the actual grinding of the material on site. There �vas some question of whether he
would be a licensed recycler, but it is her understanding That woatd need permits from
MPCA.
Commissioner Fotsch requested clarification on the answer.
Commissioner Field stated that the answer was no, you cannot.
Mr. Soderhotm stated that the zoning code is clear that rock or concrete cannot be crushed
in I-2, and it is cleazly and specifically listed as a permitted use with a Special Condition
Use PermiY in I-3.
Commissioner Gordon stated that we have a finite amount of land available for industrial
use along the river. As time goes on, it is going to be more in demand. That is why the �
Comprehensive Plan is beginnin� to limit the use of riverfront land to river related
industries. To the extent that industry needs to use barge traffic, there is only one place
that it could be, and that is on the river.
Commissioner Gordon said that the industry involved in this apptication can do basiness
in any of a number of places. We ou�ht to be encouraging those business to be in other
places to make the land available for those industries that need access to the river. This
appticanYs ordinary business is to take the crusher out to various sites. That is primaziiy
�vhat he has been doing. In denying this application to expand, he is going to be able to -
continue to do that. He could also relocate to any one of a number of other areas in the
city. He does not need access to the river.
Commissioner Gordon stated he agreed with everything that Commissioner Kramer said
and if it were to be approved to I-3, that woald open the door to not just one crasher on
site, but more than one crusher on site. It would also open it up to any other type of I-3
use that is permitted. For all these reasons, Commissioner Gordon stated that he thinks
this application should be denied.
Commissioner Corbey stated that he agrees �vith Commissioner Gordon_ At a recent
discussiort, the Port Authority told them that they are movine industries off the river as
their leases expire and encoura�ing companies that are barge dependent. He asrees with
Commissioner Gordon, that we should deny the application. y
MOTION: Conrnri.rsinirer Gervais moved to derr�• tlre npplictttinra for a Rezo:riirg fronz �
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! I-2 to I-3 ofproperty located at 9I RidderC'ucle;'#Op=727.-OSS Semple Excavatitrg and
?'nuking, to alloiv processing and recycling ofconcrete and ¢rphalr on site
Chair Monon ca[/ed for a rol! call vote: Ten voted yes, foar voted no, (Commissioners
Field, Anfang, Engh and Folsclr vvted no}. T1:e motion carri¢d
#00-127-I29 Doun Berendr Used Car Lot - Special Conduion Use Permit to
allow for a used car salesloG II79Arcade Street, SE corner of Rose andArcade.
(Nancy Frick, 266-6559)
Commissioner Gervais said fhat tlie District Five Plannina Council is opposed to granYing
the permit. One person spoke in support and there was no opposition at 2he hearing. ��
hearing was cfosed and the committee recommended denial of the Special Cottdition Use
Permit on a vote of 6-0.
Chair Morton acknowledged communication from Ms. Frick, and asked her ifshe would
fike to address the Commission.
-' Ms. Frick stated that there was a Fnding in the staff report reaarding aI(ey access that has
been corrected. It was corrected at the Zoning Committee meeting and it is correct in the
resoluYion before the Commission today.
MOTION: Commissiorrer Gervafs n:oved to deny 1ke app[ication by Doxs Berends
� Used Car Lot for Specinl Coadilion Use Pern:iY to allow for a used car sales !ot at
II79Arcade St., SE corRer ofRose andArcade. The n:otion passed unanimously.
#00-127-4I6 U.S. West �reless - Specia! Condition Use Pernzil to a!!ow a cellular
antersna ot: fop oja new telepleoi:e/power po[e (52' tota! /teig/ri). Public ROW, soutl:
side of O/d Hudson Roatl, west of Birn:ingham (Nayicy Frick, 26G-6554)
Commissioner Gervais stated that no one spoke in support or in opposition to the
proposed antenna. The public heazing was closed.
MOTION: Comn:issioner Gervais n:oved approva! of #00-127-4I6 U.S. West Wireless
a Special Comlitioi: Use Permit to allow � celkdar nntenna on top of a new
telepkonelpawerpole (52'toral height) m: public right of way along the soutls side oj
O/d Flredson Road, west ofBirn:i�:a han: with contlitions for obtaining approvals from
Public Works arrd MNDOT. The nrotion carried o�z a ur:animous voice vote.
#00-127-312 U.S. West Wireless - Special Conditio�: use Pern:ir to allow cellular
antehnrrs to be located oia m: existing residential structure !es Ykan 60jeet Itiglr. 1469
R�ndolp/e, N ai:rlPascal, (Jan:es2tlon, 266-6559)
Commissioner Gervais stated that the public hearina was closed. The district council
made no comments, and no one spoke in support or in opposition. The Zoning
Committee recommends approval.
�
19
Commissioner Zimmer Lonetti asked whether the antennas would be going above �
something that was already tftere.
Mr. Zdon stated that there are nine ante�nas, which wi11 be on top of the building, and
there is one gtobal positioning antenna, which will be attached to the side of the chimney.
The building is a three story tesidentia! apartment buitding.
MOTION: Commissioner Gervais moved approvn! of #00-I27-3Iz
U.S We�ess for a Specia! Condition Use Permit to a!!ow cellular ¢nlennas to be
located on an ezisting residentia! sfructure less fl:an 60 feet /:iglr at I469 Randolph,
NW corner ojRandolp/s and P�zs�Q/, Tlre vote carried on a unaniinous voice vot�
#00-12� 329 US West Wireless - Special Coadition Use Permit to allow a ce!lular
antenna on cr building less than 60 feet /rig/:• 2237 Commonwealtk, between Cnmo and
Keston. (Jnmes Zdon, 266-6559)
Commissioner Gervais stated that the Saint Anthony Park Community Council
recommends approval. No one spoke in support or in opposition and the public hearing
� - was cfosed.
MOTION: Commissiorrer Gervais moved ¢pproval oj#00-I27-329 U.S West Wireless
for ¢ Special Condition Use Permit ro allow a c¢llular ar:tenna on a building less than
60 feet lrig/r at 2237 Con:n:onwealtk, beiween Como rtnd Xeston. The vote carried on a �
unanimous voice vote.
#00-125-464 Tim and Mar Kowalski - ReZOne jrom RM_2 to OS-I, to create business
offrces, 39 Synddcate Streel Soutk, G¢tween Sumnzit and Grand
(Jan:es Zdon, 266-6559)
Commissioner Gervais stated that this item of business was laid over untit the next
Zoning Committee meeting.
#00-IZ6-gq4 E isco at ChurcJr Honte o MN- Rezorte from P-I mzd B-3 to IZM_2 to
a!!ow jnr expansion of U:e Episcopa! Cl:urclr Hnn:e rerirernenr community. SW corner
oj University �ri:d Fairview. (James Zdon, 266-6559)
Commissioner Gervais said that the Merriam Park Community Councit supports the
rezonin�. No one spoke in support and there was one individual in opposition. The
public hearing was closed and the Zonin� Committee recommends approval.
Commissioner Field asked what the nature of the opposition was.
Commissioner Gervais said that an individual who onned the business next door was
concerned about Fvhether any commerciat use would be on the property. He has assured
that there tivill not be any commercial use. The development tivill be part of the existing
senior housina and nursino home.
�
20
�
[it�
�
IX
X
^� c'x�lo3o
MOTION: Commi,rsioner Gervair moy¢d to recommend approval to the C'tty Council
oftlre petition by the E�ircona! Chrrrch Home ofMNto mne from P-1 and B-3 to RM-2
to allow for expaRS�on of the Episcopal Church Home retirement community at the
Southwest corner of Universiiy and Pairvi¢w. The motian carried on a unattinrous
vot� ,
Commissioner Field stated that the neart Zoning Committee Meeting will meet on July 6
and the items of business will be:
#00-I2¢464 Jim and Marv Kowalski - Rezoae from RM-2 to OS-1, to create
business offices, 39 SyQdicate Street South, between Summit and Grand.
Hockev Arena Zoaing Sia� Studv
Brewerv/Ran_view Smali Area Plan and Fortv Acre Studv
#00-I31-514 Metropolitan Airoorts Commission - Modi£cafion of Special Condition
Use Peraeit £or construcfion of a dike to include filling of a wetland. Eatou Street at
Zafayette Road.
Comprehensive Committee Report
Commissioner Gordon reported that they have kad two meetings on the Mississippi River
Corridor Plan plas a boat tour of river sites. There is one more meeting schednled for
next week.
Task Force Reports - none
Old Business - none
XI Nerv Business - none
XIII Adjournment
The meeting adjourned at 10:40 a.m.
Recorded and prepared by
EIvira Barnes-Wycough, InTerim Plaoning Commission $ecretary
Planning and Economic DeveIopment Department,
City of Saint Paul
Respectfully submitted
� �
_ Larry 5 holm
Planning Administrator
21
Approved
(Date)
Jennifer Engh
Secretary ofthe P[anning Commission
;: �: .��V. �:: ;:�; s_�=�t
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�
MINUTES OF THE ZOIJING CON1Ml7'fEE
Thu�sday, June.15, 200.0 - 3.3Q p.m.- _
City Council Cham6ers, 3� Floor`
City Half and Court House
'f5 West Kellogg Soulevard
PRESENT:
EXCUSED:
OTHERS
PRESENT:
Engh, Faricy, Gervais, Gordon, Kramer, and Morton
Fieid and Mardeti
Peter Wamer
Carol Martineau, Allan Torstenson, Nancy Frick of PED
7he meeting was chaired by Commissioner Gervais.
Adopted Yeas -6
� Drafted by:
�QI�(>
Carol Martineau
Recording Secretary
Nays - 0
Doug Serends Used Car Lof - 00-127-129- Specia( Condition Use Permit to allow for a used carsales lot.
1170 Arcade St., SE corner Rose & Arcade.
Nancy Frick showed slides and presented the staff report. Ms. Frick stated the Zoning Staff is recommending
deniai because the City Code finds that a used car sales lot is too large for the size of the lot. District 5 is
opposed to the Speciai Condition Use Permit.
At ihe question of Commissioner Gordon, Mr. Torstenson stated the difference between Precision Tune and
this case is; Precision Tune is impro�ing the !of they are already on. In this case the applicant wants to
locate on a lot that is too smalt.
Upon question of Commissioner Faricy, Ms. Frick stated there was a tetter submitted stating the applicant
is willing to reduce the number of cars parked on fhe (ot, and perform no car repairs on the site.
Mr. J. Anthony DeRungs, Representative of Doug Berends, appeared and stated Mr. Berends entered a
purchase agreement contingent upon an approvai of the Speciai Condition Permit, and that they attended
meeiings wiih the community group to receive their input. Mr. Berends made plans for severai changes to
this property. 1) Close off the ailey-way. 2) Address the concerns that were raised concerning ingress and
egress by closing oiF the road street access and using only the Arcade curb cut. 3) Biack top the entire lot.
4) Reduce the car spaces to 16 with 5 spaces for off-street parking. 5) There would be no trucks or signage
on the corner of Arcade to block the view. ' He also explairted there wouid be no junk cars on the lot, only
newer vehicies would be sotd. The anticipated customers per day would be approximately'! 0 wiih about
15 vehicles sold per month. Because of the size of the lot, it has been vacant for two years: It +s a hardship'
for the property owner because there is no revenue.
Mr. Zahid Hussaid, Owner of the Property, appeared and stated he was trying to seli the property forthe last
rivo years. He ciosed She station because the volume of customers did notjustify the cost of improvements.
7here have been few potentia! buyers because ot the size of the lot. A used car sales lot wouid one of the
few business that would work ihere. Mr. tiussaid also stated he was ciaiming a hardship because of
property t�es and no revenue received from the property.
Commissioner Morton moved fo deny fhe Speciai Condition tlse Permit. Commissioner Kramer saconded
it.
Submitted by:
f � t /L� �l.
Nancy Fri
Zoning Section
� /a30
Approved by:
4���:..���E'ix�-�b
Dennis Gervais
Chair
DEPARTMENT OF PLANNAiG
BrimtSxeenry, Direclo�
CTTY OF SAINT PALJL ZS ifest FmvdeStrcet TelepFwrte: 651-266-6626
Narm Coleman, Mayor Sainf Pav� MNSS102 Faesimik_ 6SI-22&3347
7une 14, 2000
To: Members of the Zoning Committee
From: Nancy Frick 7�.F
Re: Z.F. 00-127-219; revision to staff report and recommendation
Piease note that the application for a used caz lot at 1170 Arcade does not propose a second
access to the site from the alley, as stated in the staff report dated June 8, 200U. The site plan not
only shows a wooden fence along portions of the southem property line along the alley; it also
shows a cable fence across a 20 foot space between sections of fence, blocking access to the site
from the alley. With ttris, the finding regarding Section 64300(d}(b) is that the appIicafion
meets the general condifion for SCUPs regazding minim,�ino �c congestion. However, the
staff recouuuendaYion for denial on the basis of insufficient lot azea (Findings 2(d), 3(c), 3(d) and
4), stands. I communicated this information to the District 5 Community Council by telephone �
on June 13, 2000, following a conversation with the applicant.
cc: Douglas Berends
J. Anthony DeRungs
District 5 Community Council
�
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� - �iTT-OEINEY A�' LAW
3T 2Fst Street
Diewport, MN 55055
(65I) 458-0370 • FAX (6b2) 458-i 1C,R �
FAX TR�lt7S?SISSION C09�R SHESP
Date: 14 Jtuie 20�0
To: Nancy Frick
Plenning and Econamic Developmant
City of St. Paul
25 W. 4th St�eet
3t. Paul, Minnesota 55102
From: Tony DeRung6
Re: Douglas Berends Potential Purohase of 1170 Araade
Ms.Frick:
�,ttached you wili find a copy of my 13 June 2d00 letter.
� Please call with any questione cr suggestions.
-- � r . _C�A n
v �/
In the event you do not receive � page(s) of this document,
pZease caZl (612) 458-0170 for retxansmission. The documents
accompanying this firahsmission contain confidential and pzivileged
infoxmation whiah is intended only £or the 3ndiv3dual .inflicated
above. PLEASE NOTE THAT ANY DISCLOStTRE, COPYIN6, DZSTRIBUTION OR
USE OF THE CONfiENTS OF THIS INFORMATION TS PROHZBITED AHD MAY
CONSTITLITE AN ZNVASSON DF PR2VACY. Zf you hsve receivad this
transmission in error, piease notify us by teSephone (collect)
iamiediately so that we can arrange to ratrieve the dacumants at no
cost to you.
� ,
JUN 15�11
METROPOLITAN GRAUEt.CO IN --- 651 458'i168 F.82iP4
J• ANTHQNY DERUNGS
AT'TORNEY AT LAW �
3? 21sE Sfreet
Newport, M23 b5�i.5
(651) 458-QI70 • FAX (651) 458-11&4
23 May 2000
Nancy Frick
Planning and Economic.Development
City of St. Paul
25 td. 4th Street
St. Paul, Minnesota 55102
Payne Arcade Business Association
90o p$yne Avenue
Saittt Paul, Hinnesota 55101
Bruce Sylvester
District 5 Planning Council
1014 PaynB Avenue
Saint paul, Minnesats 55201
Re: Request For Conditional Use Permit
This letter is intended to address some of the concerne rafsed
in oppa�ition to the application Por conditional use permit
submitted by Douglas Berends for the pragerty at 1170 Arcade Street
in Saint Paul. I accrnnpanisd Doug to a meeting with the Dtstrict
Five Com�uunity Planning and Econamic Aevelopment Committee. We
listened carefully to the concerns stated at the maeting and have
addrassed as many issues as time has allowed, Fte look forward ta
warkiag with the City, the Payne J�rcada Business Association, and
the District 5 Community Blanning committee toward further
resolution of the issues raised, and toward zeasonable resolutions
to any other problems that arise.
Mr. Berends has decided to continue examining the feasibi2ity
of ineeting objections and working with the community toward
obtaining approval of a conditional use permit for 1i7o Arcade.
Mr. Berends will continue to attempt to address issues as they
arise, as he has addressed several of the issues raised by parties
involved.
First, objecti.ons fiied by St. Pau2 Planning and Economic
Development implied that Mr, Berends intends to accass 1170 ?,rcade
from the alley that runs perpenci3cular to Arcade. In a 13 June 200
telephone conversation with tiancy Frick, Doug eerends resolved this
objection by poi�ting out the chain fence along the alley that is
fncluded in the drawings eubmitted ssith the application. The
proposed use will not adfl a single vehicle to the trafPic in the
a� a= to the traPfie entering Arcade fram the alley. In fact
by blocking access from 11�o Arcade to the alley, the proposed use
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Y-� Wi ajB IIc3 P.83�iaC-
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� wi21 decrease use cg t.hg $22ey a�d trafPic entering Arcade from the
a22eY- Zn.aQdition, Mr. Berehds Kiil agree that in order to
mdint83n t.he best possible view of tza£fic crossing on Arcade, no
trucks, vans or high prafi2e vehicZes viil be parked in the first
three spaces from the alley.
Secol�d, the applicatian for a conditional use permft gs
requ3red Por the proposed use on th3e property because the lot size
is less than the ].5,00a square Peet required for Lhe saie of pre-
owned automobiles under the zoning code. The purpose of the 15,000
square faot requirement is, apparently, to limzt the number of
vehicles on t.he lot at azty given time. After discussing the issue
with the District Five Plann3ng counc3l, which "agreed that a
signiYicantly smaller number of cars would be necessary'� Mr.
Berends submitted a proposa2, inc2uding drawings, £or disp28y of
sixteen vehicles for sale an8 Pive ofF street parking spaces. Mr,
Berends re@uced the nutnber of vehicles displayefl for se2e by more
than twenty Rzve per cent (25$j, Tn response to this objection,
Mr. Berends wiil accept a limit on the number of vehicles that he
may show or store on the 2ot as a condition on his proposed use of
the property. $nPorcement of the oondition would be simple and
easy; in the event the number of vehicles displayed for sale on the
Iot exceeded sixteen, the conditions for the proposed use wou2d be
violated.
� Bruce N SylvesterW h st ted th t t u e D of the p operty for the sale of
pre-owned vehicles would-increase tzaPfic in that area of Arcade
and that ingreas and agress would be create a dangerous siLUation.
The �'acts indiaate the opposite impact on the traffic in the area.
Attached you wi21 find an Affidavit from the owner of the last
busfness operated on the property, a gas filling station, which
a tates thaL when he operated the last business on the property,
ppzoximately 250 to 275 customers per day visite@, an@ antered
and exited the premises. The business plan attached to Mr.
Berends' app2lcation states that his projection that approximately
ten people per day wi12 visit 2170 Arcade, and that he wil2 se].1
approximately 15 vehicles per month under his proposed use.
At the close of Mr, Berends' proposal, exp2anation and
responses to questions, the cammunity and neighborhood response was
not as negative as the views e3tpressed at the begianing of the
meeting, or as implied in the Keeting Not s furnished by Bre�ce
Sylvester.
Pleasa call with any additiona2 concerns you have, or with any
suggestions, or ideas, that wi22 heZp make this project work for
everyone. �ank �ou por your tfine.
�w - ��tlJ��lT'��.• r:i�
L • �' • •
JLA�1 15� 12
--
C7cTR(1POLS iHN GRHV� tA] !N __ _ ___ - - - - - .
._. 671 4�L3 llbt! � h'. t�4iN4
i, uwner of'1'otem Fovds, (nc., whiah owrts i J 70 Arcadc Street, S� nauJ, Mn.
estimate ibat when tkis property was useQ as a gas stalion and convenience store,
we had approximatety 2S010 275 customers per day.
W Tt:S'TIMONY Wf iF.RE.UP, I have set my hand this24`� day af May, 20Qq.
_. ~' � _ ..
--.. '�'��1
lahid luc�uin, Co-Owner
STA'1'I� OF MCNNFSQTA
CpUP1TY t)F RAN(SGY
"('he foregoing in�trumrat was acknowtedge{I btfore me thfs 24�' day of May, 200p by
7,ahid Hussain,
..����$�41...�..�� .. ._.
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� PAMELAA. BFlANT �
��M� K�C � U�QJEBp�A
y' Cl�v. 4lr.7�+. ]�. mo6
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� -. Z�NING Cp��gg RHPORT � .. - '
x¢====x
' F=� # 00-127-129
1. APPLSCAN'P: DOIIGLAS BERg�S
�� �F ��= 06/IS/00
2• �LASSIFSCATTON: Special Condition IIse
3. LOCATION: 1170 AACppE STREET (southeast corner of Rose an3 ArcaBe)
4. PLANL721J6 DISTRICT: S
5- LSGAL DESCRIpTION: Lots 14 and 15 B1k 8 Eastville Heights
6. PRSSENT ZONING: B-3
�• sTAF'8 INVBSTIGATION AND ggpORT:
s. aaxs R$csxvan: s/is/oo
zoxzrrc3 coa� xsFaxaxcs: §52.io2(i) (a1
DATB: 6/a8/00 BY: Nancy Frick
bEADI�INS FOR ACTION: 07/15/00
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A• BVRPOSB: Specia2 condition use to allow for used auto dealersriip,
� B• PARCEL 52ZE:
-�_� The property has 7.22 feet of frontage on Arcade Street and a
total lot area of 9,760 square feet.
C• EXISTING LAND IISE: The property is currently vacant;
station, The tanks and canopies have been removed;
D. SBRROIINDSNG LATID IIS8•
North: Commercial and parking lot (B-3; p-I)
East: Single famiZy residential (RT-1)
South: Commercial {g-3)
West: Znstitutional (g-3)
it had been a gas
the building remains.
E. ZONING CODE CTTATION: Sections 60.544(2) and 64 .300(d) permit outdoor sal.es
space for sale of new or second-hand automobiles subject to speciaZ
conditions. Section 6 4.300(f) of the zoni.ng code permits the planning
commission, after public hearing, to modify any or all special conditions
when specific findings are made. A11 conditions and findings and the
applicant's abi.li,ty to meet them are delineate8 in Section H of this
repart.
F• HISTORY/DISCVSg=pN =n lgg�� the City granted a permit for an auto sales
lot at this Iocation. In 1956, the City granted a permit for a filling
station at this location. On Augugt 27, 199g, the planning Commission
denied an application for a special condition use perniit to allow outdoor
sal.es of used automobiles at 1170 Arcade.
�. DISTRICT COIINCIL RHCO�NDATION: The Community Plannzng Committee of the
The aistrict 5 Planning Council hosted a community meeting on Thursday,
Zoaing Pile #00-127-129
Page 2
March 23. 2000 to discuss this application. Tlye District 5 plyn�y2ag �
Council has subuAitted a letter to the Plaitninq Cp�yssion dated May 3p�
2000, which states, ^ Because o£ the coacerns azul opposition raised By tfie
neighbors, and because the lot is too small for such a use, the District
Five Planning Council is opposed to the granti.ng of a SCt7p for a car
dealership at 1170 Arcade.��
H. FINDSNGS-
1• The applicant, Douglas Berends, hys a purchase agreement dated Niarch 15,
2000 for the property at 1170 Arcade and proposes to estabZish a used
car business at the site. The property is a vacaat Ash},�yg gas station.
The applicant has provided documentation from the Minxyesota Pollution
Control Agency that the underground tanks have been removed_ The pwaps
and canopies have been removed. The building remains and the appl,icant
plans to use it as the business office. The applicant intends to have
one employee per shift.
Z- Section 60.544(2) of the zoning code pezmi,ts outdoor sales space for �ye
sale of automobiles subject to the following conditions:
a' T�e j°f or area skaZZ be provided witlz a permaaeat, durable aad
dustless surface� aad ska21 be graded and draiaed as to dispose of
aI3 surface water aces�vyated withia the area.
This condition is met. The lot is paved; drainage is assumed to be
satisfactory. �
b. YekicnZar access ta the outdoor saZes area shal2 be at Zeast sixty
(60) feet from tke intersectioa of any t�ra {g� streets.
This condition is met. The access from Arcade is approximately 100
feet from the intersection of Rose and Arcade. The applicaxxt
proposes closing the access on Rose with a cable fence. The
aPplicant proposes a second access from the alley betweett Rose and
Geranium, 32 feet east of the alley entrance at Arcade. The
applicant proposes wood £encing aZong the alley to the east and west
of this access dri.ve, as shown on the site plan.
c. No repair or refiaishfag sfiaS2 be doae oa the Iot ualess coaducted
witkiu a completely eneSosed buildi,ag.
This condition is met. The applicant states that no repair or
refinishing work will be performed on the premises an3 that a11
vehicles offered for sale will be in quality condition.
d' T�e miaimum Zot area skali be fifteea thousaad (Z5,000) square feet_
A site pZaa sha22 be submitted showing tlie yayout of tke v�cZes for
saZe or reut, employee parkiag, a.ad customer parkiag.
This condition is not met. The 1ot size is 9,760 s
half the alley is used in computing density as allowed �
63.104 of the Zoning Code, the area increases to 10,560 square feeC.
This is sti11 4,440 square feet less than the minimum required by the
, � io�
Zoa3ng Fi2e # --.--.-- ---- = ' .
Page 3
� ��e- The applicant is-.seekinq a mod�fication of this conditioa.
3_ Sectioa 64:300(d) requires tbat tlie pZ�g Co�ssion make the
following pin3yngs 7�fore gr�y�g apProval of a principle use subject
to special conditions:
a. T1ze exteut. 2ocatioa aad iateusity of the use s�iZZ be izi substarstia2
compliaace mitly the Saiat PauZ Compreheasive P1aa aad axtY aPPZicable-
subarea pZaas whtefi were approved by the city couaci.l.
This coadition is met. The proposed use is in substantial compli,ance
with the comprehensive plan, given that the B-3 zoning district is
intended for this kind of use,
b• Tke use mi21 provide adequate iagress aad egress to miaimize traffic
congest.ion ,in the p�Zic streets.
This condition is not met. Ingress and egress are problematic. The
access from Arcade meets the code requirements; however, the
applicant proposes access from the alley as we12. The alley and the
Arcade driveway are very near each others. Approval of this
arrangement wou].d be dependent upon agreement by site plan review
staff in LIEP and Public faorks.
c. The use wi12 not be detrimeatal to the ex3.sting character of tlze
deveSopmeat �a the im�ediate neighborhood or eadaager tke publi.�
� hea2tk, safety axyd g��al ivelfare.
This condition is not met. While the use is permitted in the 8-3
zoning district, and while the applicant has proposed site
improvements including a five-foot cedar privacy fence a2ong the rear
property line where the site abuts residential use, and a twenty-inch
wood fence along the front property Iine to prevent cars from hanging
over the public Sidewalk, the small size of tha lot makes the
groposed use detrimental Co the immediate neighborhood.
a- The use will aot impede tke aormaZ aad orderiy deveIo,Fvaeat �d
zmprovemeat of the surrouading p for ases permitted 3n the
disErict.
This condition is not meL. Again, while the use is consistent with
the B-3 zoning district, the detriment to the neighborhood character
posad by locating this use on a very small lot is an impediment to
improvement and development of other property in the district.
e• The use sha21, in a1i otlxer respects, coaform to the applicah2e
reguiatioas of the district ia wfiich it is located.
This condition is met, with some rearrangement of parking spaces on
the site pian, The use is permitted in the B-3 zoning district. The
parking requirement of one s ace
an8 one space per 2,000 S p Per 400 square £eet of office space
� five spaces for a Zot and buildingtthis6sizeor The plan totaZs
indicates five spaces,
Zoain3 Fi1e #00-127-129
Bage 4
However, the site plan shows a12 spaces (rem,;red parkixy �
for the vehicles on display� as 10 feet wide and 14 feet lon
compyy with zoning code re g and spaces
�e of the customer s �lations, chanqes would need g' To
witks ADA re Paces woulfl I�ve to be 16 feet to be made_ •
quirements for 2 xan3ica �de to ��Z�,
required customer/e pped Parking, The Iength of the
to 18 feet, as indicatedee Parking spaces would have to be
width of � Section 6 2.104(4) of the zonin increased
the non-handi.�aPPed spaces, now shown at 10 feet,g code. �
reduced to aine feet and remain in compiian�e uitk the code.
could 8e
aApears that the eactra lot area neede@ to accommodate the handicappe3
space width can be more than ma3e up for by the lesser width re
for all the other spaces.
quired
The length of the spaces for the vehicles-Por-sale would
increased to 16 feet, while the width, aow shown
reduced to eight feet. �ve to be
(Site plan staff at 10 feet, can be
space° dimensions cited in 62.104{5� as the min mu�sre the "compact
vehicles being disglayed £or sale.) �irements for
If customer and vehicle-for-sale parki.ng spaces are increased in
leagth to comp],y with the code, the arrangemeat shown in the site
P1� would leave a 19 foot lane between the customer parkin
line of vehicles-for-sale; the code requires 20 feet. yt a g�d the
the minimum lane width oE 20 feet could be achieved, if the location
of customer PPears that
parking spaces and some of the vehicle-for-sale spaces on
the east side of the lot were exchanged.
4• Section 64_30o(f) of the zoaing code states, ���yye 1 �
after public hearing, may modify ��, or all specia� c�diti nsmm,1whenn
strict application of sucfi special conditions would unreasonably limit
or prevent otherwise lawful use o£ a piece of propert or
structure and would result in exceptiona,l uxydue hardshi to
such �' � existing
Property or structure; provided, that such modifi�ationhwilllnoto£
i.mpair the intent and purpose of sucfi special condition and is
consistent with the health, morals and general welfare of the community
and is consistent with reasonable enjoym�yt of adjacent property.
Staff finds that the size of the requested modification, a,440 s
feet or approximately 30 percent, from the re
not consistent with reasonable en•o 4uare
quired minimum lot area, is
intent of the code to limit outdoor y�o o£ adjacent progerty nor the
sales to larger lots.
2. STAFp ggCp�ATION: Based on Findin s 2
staff recormnengs denial of the g td �' 3ib), 3(c), 3{d), and 4,
sales of used automobiles at �ecial condition use permit for
1170 Arcade Street. outdoor
�
°° ""�3t3
�
SUPPOATING INPpRMAT10N: suAply ihe information that is applicable to your type of permii �attach
add�tional sheets if necessary�
• SP�CIAL CONDlTION tJSE: Exp(ain hoW 2he vse wilt meet each of the special conditions. •
• RIVER CORR(D�R CONDITIONAL USE: Describe how ihe use wiit meet the applicable conditions.
• MOplFICATtON OF RIVER CORftiDOR STANDARDS: Explain why modificaiions are needed.
� C?e�C� _
UsE�' C4 r � ( �-
S
�,1� z t f 3
�UO `�=
pplicant's
Date ' City
��
9 Mav 2000
Citv of Saint Pau?
PlanninC commiss3on
Payrte ArCade Business Association
900 Payne Avenue
3aint Paul, Minnesota SS10I
Bruce Sylvester
District S PZanning Couneil
i4i4 Paxne Avenue
Saint Paui, Minriesota 5510I
R�� Fotent3a7. Request For Cozfditional Use Permit
This offiae has warked with Doug Herends toward purchssing the
property at 2170 1►raade Stseet in Saint Paul, and a accompanied
Doug to a meating with the Crnnmun3.ty Pianning committee of the
Payne Phalen, District 8, committee. We listened aarefuily to the
concernB statad st tha neatinq and have addressed as many issues
as time hns ailowed. i4e look forward to working with the City, the
Planni g c Cammittee� tow rd 4 Purther �res lution �of oth ���issues �
raiaed, and towasd zQaeonshle r�salutions to any other problems
that arise.
Hr. Berer�cqs hns decfded to aontinue examininq the �easibility
of ineeting objeationa $nd working with the oommunity toward
obtaining epprovai of !t co�ditional use permit €or i17o Arcade. ew
reaognize thttt at leaat two comraunity members stated at the meeting
that they are ogposad to ttny development thAt fncludes a car lvt,
and that one neighbor steted apposftian to any use of the property_
other than green spaas. We Wl11 continne to listen carefuily, we
will attentpt to acqdress issues and ehange opinions. Thank you €or
youx time.
Yours truly,
s. Anthony DeRUngs
�
TUTRL F, 91 �
�
�
L�'/03D
E�glauation of how vse will meet eaetz of the spe�iai conditions -
The gas pumps, tanks, and canopy have atl i�een previously remaved. I will
have the property resurfaced with asphalt, graded, aad drained as to dispose
of att s�face water accumulated witliin the area. If permitted by ihe city, I
would also Iike to resurface the alleyway adjacent to the property.
The vehicle entrance and exit to the outdoor sales area shall be on Arcade
St., approximately one hundred feet from the Rose St. intersection.
No repair or refinishing work shall be performed on the premises. I will
retain the existing building to use for office space that will accommodate
one employee per shift. Alt vehicles offere@ for sale will be in quality
condition.
Because we are not going to be doing on-site repair of vehicles, a larger
building is not necessary. Therefore, the square footage that would need to
be utilizecl by a larger building to facilitate repairs is not needed. I believe
that because of this, the required 15,000-sq. ft. is not necessary, and that the
available IQ,560-sq. ft. will be more than sufficient for auto sales.
A five-ft. cedar privacy fence sha21 be insta.Iled along the back property line.
A twenty-in. cedar fence shall be installed along the front property line on
Arcade St, and the alleyway. Along Rose St., curbing is atready in place. A
cable fence sha11 close offthe Rose St. access.
Please refer to scaled site plan, along with pictures of the cunent condition
of the property, including the building.
�
• -- _===--
L�ENTS�CTH
r�er�
PURCFlASE AGREEMENT
��S Adareu - I110 A cade St
it6. Page 3 Date _����,_,� f �P�
t t7. Buyer sAap pa PRORATED OF GASING, 7 2 T H5, A LL, NONE real ssfste taxes due and payable in Ihe year_Z.QQO
t t& Seilet shali pay. PRORATEDTO DAY OF CLOSINC., _ S, ALL, NONE real estate taz� due and paya6�e in tlre yearZppp if yie
i 79. Gosing dare S changed, the mal esWte 4zes paid shaif�.p�pra(ed. be ac�usted to the new closing date. Sei�r wartan5 taaes due and
720. payabie in B�e yeaf �O�n _ witl De FUI,L-0�A da:silrcation. If part ornarlamesteatl dassifip6wi is a�cled,
ad>
t27. Seller agrees W PaY �r at Gasiny S unaa
722. tov(ard Me nonhomestead real esFate tazec. Buyer agrees to CaY �v �9 haianee of nonhomesteaa taxes wnen tirey become
i23, due uW PzYa4�e. Buyer sAaP pay reat estate tazes due a�W PaY�e in the year toifov�ing closing aM theteafier. Uie paymer�t of which is
t24. 'wt ahenri�e qerein pro�ided. sIO repmsenYaGOns ace matle conceming the amount M subsequent reai estate tazes.
725. POSSESSION:SeilershaIIdetiverpossessionofthepropertyw[�aterihar� iamediafelq aftercbsc�g.
t26. Ali iniereSL hameowner assadarion dues, rents. (ue! ol, fiquid petraieum 9as and aU cha<ge5 tor tlty water, city sewer, electrciry, and
127. nalurai ggs shatl 6e Pmrated belween the parties as of pate ot dasing
128_ f ,_,,,
129_ ENYIRONMENiAI CONCFANS: To 1he bes[ of Ne SWer's knowledge there are na hazardous substances, ur undergcou�W scaage
134. IdnkS,e%UQ[hE[¢u1RpLEd: SF.F. AtIYF.R PLIRCRASTNC °AS if" AOOP.TIOIM
131.
132 SELLEAWAPRANiS7HATiHEPROPERTY1SWflECTLYCANNEGTEDTO: CITYSEWERQIYESONO/pTYWATFAf�YESONO
I33. S0.LEFYBUYERAGFiEESTOPRONDEWA7Efl4UALf1YTFSTpESULTSIFpC-0UIpEDBYfAVEflNINGAUTtbqRYMIq�ORLB�IDFA
-(aaeane)-
f34. SELt,ERIBUYERAGREESTOPHOVI�E,I�RE0UIREOBYSHETFAM50FTHiS PUqCHASEAGflEEMENSOR BYGOVERNING
-(mdea�n)-
'35. AUTHORITY AND/OR LENDER, A LICENSED INSPECTOR5 SEPTIC SYSTEM MSPECTION FEPORT Oq NOTICE INOICATING IF
36. 1HE SYSTEM C061PLIES WITH APPLICABI.E REGUlAT10NS. NOTICE: A VqLiO CEATFlCATE OF CAMPL/ANCE WR TNE
37. SYSTEM MAY SATISFY THIS 0811GAT10N. NOTHING IN UNES 134 TO 738 SHALL OBLIGATE SELLER TO UPGRADE, REPAIR
38. Ofl HEPUICE THE SEPTIC SYSTEM UNLESS OtHEHWISE AGREE� TD IN THIS PUFCHASE AGREEMENT.
39. BUYER HAS NECEIVED THE WELL DfSClOSURE STATEMEM Ofl A STA7EMENT TNAT NO WELL EXISTS ON THE
40. PqOPERTY, AND A SEPTIC SYSTEM OISCLOSURE STATFlNENT OR A STATEMENi THAT NO SEPTIC SYSTEM EXISTS ON OR
di. SERYES THE PflOPEflTY, AS REQUIRED 9Y MINNESOTA STATUTES.
t2. SELLER WARRANTS THAT CEMTRAL AIR fAN6�T10NiNG, HEAT4NG. PLUMBING AND WIFING SYSTEMS USFA Ah0 LOCATED ON
V3. SiUD PROPERTY WILL 8E IN WORKfNG ORDER ON DATE OF GLOSING. EXCEPT AS MOTEp IN Trf15 AGflEEMEM.
A. BUYER HAS SI1E flIGHT TO A WALK-THflOU6Fi REVIEW OF TF45 PROPERN PHIOP TO CLOSING TO ESSABLSSH SHAT THE
5. PROPEHTY f51l3 SUBSTATfTiALLY TFIE SAME CONDITION AS OF THE �ATE OP PURCHASE AGREElh@(T. SELLER AGPEES
6. TO l30TIFY BUYER IMME�IATELY IN WRRING OF ANY Stf85TANTIYE CHANGES FROM APiY PpiOfl REPHESENTASIONS
7. qEGARDING SHE PHY5ICAL CONIX1'ION OF THE PROPERTY.
4. Bl7YER ACKSiOWLEDGES THAT NO OfiAL REPRESENTATiONS HAVE BEEN S�1ADE REGAROfNG POSSISIE PROBLEMS OF
3. WATEA IN BASEMEM, OR DAMAGE CAUSE4 BY WATER OP ICE BUILD-UP ON ROOF Of THE PROPERTY AND BUYER AEUES
1. SOIELY IN S}LlT REGARD ON THE FOLLOW ING STATEMENT BY SEILER
. SELLEFHA H0.SN0 AWETBASEMENTANOt4aS ASNOT PAOF,WAILORCEItSNGDNMAGECAUSEDBYWA7ER
. OR tGE BUfLD-UP. BUYER HAS AS NOT ECEIVEO A SElCER5 PROPERTY 07SCLOSURE STATEMENT.
. BUYER HAS RECEIVED THE INSPECTION HEPORTS, {F FEQUIRED BY MUNICIPALf7'Y.
FRAh'K S. LEYTSCei
(Licensee)
LENTSCH REALTO&S
fCr�+pa�ry>
(lieansee)
is SePefs AgenUBuye f AgenUDual gentMori-Agerrt
is Se11eYS AgenryBUyeYS AgenUDual AgenUNOn-Agent
THlS NOTICE OOES NOT SATiSFY b11NNE5�TA STATU70RY AGENCY OlSCLASURE REQUIREMENTS.
DUAL AGENCY REPRESENTATIOfJ
YJAL A6ENCY REPRESENTATlON 00£ �, NOT APPLY SN THIS TRANSACTION.
koker 2Presents both the Selie�(s) arW the 8uye�(s) of ttre prope�ty invdvetl in Uvs tcan,acAian. wRich ueates a dual agexy. This
iear�s that Broker and iis salespersore owe fiduciary tluties W bM6 Seller{s) and Buyer(s). Because Ne paEies may fia.�e w�ilicting
rterests, Broker aM! iLS salespe�sons are proMbited from advocazing exclusrvefy tor either party. Broker camrot azt as a duai agent in tlris
vnsaction withaR ihe consent of boN Sefler(s) and Buyer(s). Se9er(s) and Buye�(s) acknowledqeihat:
(1) confiCenliai infortnalion communicated to Broker which regards price, teims, or mofivation to buy or seN vriN remain confitleMial
unless Seiler(s) or 8uyer(s) irtiNtls Brpker in writing to tlrsdose this iMO�mati0n. Ocher into�mation witf be sriaretl;
(2) Broker and iis salespersons wiN not represeM ihe mterest oi eithet pany to Ne detriment oS tfie ofher; and
(3) wilhin the limils oF dual agenry, Broke� and its sa7espe��ons wiN work d�ligentiy to faciRate ihe mechaiircs oi ihe sate.
iU 0e knowledge and untlerstanNng of the eapfarelion above, Serier(s) and Buyeqs) authorize and "msimct 8mker and its
IesPersons,to act u d�ai age Ehis hansaction. �'�
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Glueomec Aaiissance ceafns
s� �y�m xosa xotd� _
Sa �ant, Mivuaera SSf55-4l9A.
INFORMATION TRANSMI�"I'AL ST-�EET
Dace: 02/�0/00
Teo Glr.y LenssFs
Company oa AgeACys
Mdre�a: 9S8 N Do1e Sc
SaitlC ?�i�t, A"_N 551 i Tc
FaY Number:
Plom: Nact realon
Scctionc `.I�Sajoz Faalities
Numbet of pages:
TaIaphone A'umber: .�ir Qualitp ?ielp Line (65i) 2H2-5844
Hazudcw Waste Heip j,iae (65l) 297-8681
Tenks Help Tiue (GS]) 297-8361 *
lY7ater Qva:'rry fietp j,ine (G51)296-7262
F8x (65I} 2fi'7-870i
Subjecs: j�gp=mation on a caatc site.
Fot: ❑ Tnfcrmxdon
� As Yov ltequesced
❑ Otkes
Comxentt I'm srnding you a capy of our. deta base on that site u arell ss rhe �race
seq � ements
�
,
If yrou have any o[her queseiona ar comm�nu please $ice me a catl.
Mp petsonallrae is {657) 296-79Q3
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14F+R-06-2006 17:0� METR�JFO�ITAN G?AVEI� Cf1 ICa 5`1 -i�S llr•= :.�'"' ;-
t+eRo�e nue: Tank Sita and Qwner tntarmailon
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- 7'ALFrS #4eport.
asxt.aNn. ...
Sife tD: 3650
Address: � 17d ARCADE ST
ST. PAU:., Remsey MN 65t08
Site Phone: 851-999-9999
S�te Leaked7: N
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ot Sitt: UndergrounH Ortly
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ehr..a�r: sooa
Regror,: nn
Aegistration Date: 4r1 tt86
teak ID(s}:
•r:.e....�e���sssssss�..�s����s�sf��t�� O�g =ynnpgap�.rO rstaett.�:...�.���aatsa+aa.<.��........
itwner Name: J$pEMY &CHALIER
Owner t0: Y86865
Address: 1T7C AFICADE ST
ST. PAUL, MN SS106
•��«���H�������as���yr��e►���rl.k• 2aNk ZMlO1WASfOL� 9iJD4�AfLY t��s�a.a.�r�.�s�y�����:���sss���.�:
Nor pJU 8ietw 5ubstents Stored Capaclty instalted Femaved
001 U Removed QBSOIine 16,000 51f01/7971 11n5/1999
oG2 U Remov/d G3soiine a,o�o 11latrt971 itlis:tsss
OD3 V Removed Qasaline a,000 tt/01/t9�1 11/SS!1439
oo< U Remeved Qasollne a,000 17;oiH9'tt tt!i5lt99B
�rc*��•.xY��rs�e�t�����frYa��t�te 501 � COfOd029 TdNX XNPOA1ta?SOtt +eiv..e•.•.e.•�a�aa��+.�csaa�•�.a
OurTankNbr:001 U CfkentTankt�br: OOt
DispanserType: Suetlort TotalCacaeity: t0,000
Tank Canst Mri: 8arelPg;nVAsph Caat Sieei Storad Praduer, GasoGne
tJsed For HeaHnQ?: U 7artK Stacos: Removed
7aek D�spasal Company: Qetermans 2nd CoRt Tank:
� TOnk 08Ih P�ot: Pipa Cath Prot: None
P(pe Materlae Galvan,zed eteel Piping t,Aateriat Deec:
HW GeneraEO� I0: Produet Replaced Date:
'ank Regi�tretion Date; a4/tt/t988 Unrep Tank Repor, Oate:
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fi ol'ank ComAeRrr,ents: 1
Compa» Numbe+; 1 �� CompaA Capsc3ly: 1D000
Compert Sto�ed Prod; paeoline � Compan Stared Desc: GASDU�E
Compatl Oihar De3a
�.i
•••• OverFill Infortnation --- j.
' Ove�H Prot Alarm: ; Over!B( Prot Aetoshutc •
Overffl! Prot Ballflaat: � Overfit! Prot Manval:
OveAlli Prat No Inlo: Y Overt'�u prot Nono:
pvertll! Pret Type Unk:
•-- Tdnk F4e(ease Prettatinn, •�. ••.• P,�1ng Reiease Pro:ectton ••--
ddily Sttek: Y Auto Line Lesk DeteVtion: N
Tightness 7est: Y bnnual Tightness Ts6t: N
Manual GAUging: Yapor Aaonhor!ng N
Auto Gauginq: N Groundweter Moniror. N
SO'rl VdDOr Monitor: N lnterst�t Mon+2ar: N
GrountlwA7er Monitor: N 3 Year tightness 7esi: N
Utsrst7t Monilor. N EurOpean Suct�on: Y
SIA Apprav2 00tA: StR ApDiove �ate�
SiR Vendo� Nbr. 0 SIR Vendor Nbr 0
Other De6C:
Ofher Flag: N
�•...,......�...�..,r..,..,..... ooa - coinsoN zx�c xxronw�rzaa� .........+ ...............�.......
Ou� 7ank Nbr. 002 U CI(enl Tank Nbr, 002
- Pege t at 6
t1.�R-�lE-2mc!p 17%t?i PIETROFOLITWI GF'AVEL �0 ]td F�l -1«� 11�'= F.�'= _-
aepmeTiHa Tank Site and Owner ininrmation R?C:R ti�^.�.*c^, d �
� ;:..._. i"aiix:,r���ii.ic7tY�iwi`i11ii�}.tt�iib�i
asHUtNa
Sits iD: 385D
Service
�e of Site: Under
----- _ -----.. . ...
. . �°jiCRNJ^.t`6r, �
DispansesType: Sueqcn
Tank Got+at k!tl: 6areipainVASpfl Cont Stee:
Used Fer Heating?: U
Tank pisposa) Company: Deterrnan�e
Tank CBth Ptafi �'•�
�+pe Materieh paivarized s=sel
Hw GarK►ator ID:
7an< Registration Otta: O4l11tf fl86
-------°--•'°--------'.`._'.._--- aao csr
k oi Tank Compartmen2s: i
Compart N�mber: t
Comoart Sto�ed Prod: pasoline
Compart dther p98p;
.._ QvEtflp lnlermate0rt --'
Qwefilt P.ot Aiarm:
OveRilt Prot Bantioai:
Ov�rtill Prot No Inte: Y
Overllif Arot Typg Unk
�•-• Tenk Releese GrafecUOn ••--
Daay Stick Y
Tightnecs Tastr Y
Manua! Gauging:
Auto Osugt»g; N
Safl Veper �,ienitor. N
GrcundwalerMonitor. N
4Met5tit Menifdr, }J
&IR Approve Dnte:
SIR Vondor Nhs 0
O:t+er Oesc:
OihAr FIBg: N
...s�xFr.s::��.ire�srrss•a+��•.�+
OU3 — COlIIdOP 7XtaC IllYOffiS1lTZOSS •����f�e��aars�sa���.��.�ue����a
Our Tank f1br. 003 U
Dispenser Type: Suctiors !
'"ank Cons� MG: 8arelPainVASph Coet Steel
Used For Heating?: U
TenK p;s�osaa Company.
Td»k Cetf+ Prot:
FiD! Mater;n?: Gstvanized steei
HW QMeratar tD:
7ank Registra6cn Date; 04l1111988
"-"""-'-'_"""^""--""'_...... 003 - VSS 'tAlTR
z a! Tank Companmen�e: t
Compnrt Numbsr; 1
Compart Stored Prod: Gasollne
Carnpart Othar Desc:
.-. Overr,�! IMOrmation ....
Wsdt41 RrotAfarm:
Overfitt Prot 9aunoat:
Ovefi!! Prot No lnfo: Y
OveHitl Rrot Type Unk:
•—� Tank Reieese Proteetion •••-
rc�at capacity:
Stored Prutlud:
Tank Status;
2nd Cont Tank
Pipe Cath ProG
piping �,iateri9! Desc:
Produot Rep:gced IIata:
Unreg Tank Report Date:
Tu•,�c :mzawaxzox ------
Cfient Tank Nbr:
Toiai CapaCiry:
Storetl Preduct:
Tank $tatvs:
2nd Cant Tsnk
Pipe Gath Prot:
PiPi�g Materin! pesc:
Produqt Replaced Oate:
Unreg 7ank Report Data:
Q03
4,000
Gasoli�e ,
RerTOVed
Aione
SMYO�RMAfl"!ON ---"'---'.��-'-----'---'---'---"
Compar: Capacfly; 4000
Compart 9tar9d Desc; GASOLtNE
Ov6rtip Pro( AUt6shut:
Overifu Prot M,a�ual:
Oved111 Prot None:
•-- Piping R9leese Proiedion ••••
�
ve9. 2 ot s
Gasoline
Removed
None
Compert Cepeciry: a0po
Compett Stared Desc: GASOLINE
Ove�i! Prot Auto9h;�t:
OverfiB PrM ts+{anuai:
Ovedifl Prot N�t16:
-- Piping Retease Protsctlan ----
Auto Line Leak Detection:
Annusl Tigh!ness Test:
Vapor Mon;tor�ng�
GroundwatSr Monitor.
intersti[ Monitot;
3 Yeflr 7lghtness Test:
European SucGOn:
51R Approve Date:
SIR Vendor Nbr:
r�
N
N
N
N
N
Y
�
MtaP,-�5-e90+� 17: �32 METP.OPOL I TRhi C,RR! 1EL !7J I t! F� t�_,: i I�_� �_ �•
Reperc ns�•; Tank Stte snd Owner informatton ��
:a��: s�.L'. :�it��`r'�@3itt� � ' -�tlOfl .-..:- :.=x :_ ._ ; ��u-_ ..--: ;.:.�---'- -_._.:_l.,
_ r�9;o�t+�mDe• 43
�'°��3a
�
\ J
_.._. _ .
ASHLAN6� ---' ` . - Setviee 3taHor1/8uik , _ .
Slte !D: 3850
L78�y SC�dC 5
TightneyS TeSG 5
MsnUEt 6tugi�p:
Avto Gettging: �
Soi! Vapor Monuor. R
Oroundwater Mcnito'r. !,
Intentit Monitor. N
SIR Ilpprove bate:
31R Vendor Nbr. 0
Othor C9ec;
Oihar F+ag: N
•f t��tt�H�i����f11f�Yf*t**44HH•
oiSfts: Under$rourni
rca �ine Leak �eteCiiOrt:
Annual Ttghtness Test:
Vspor Monitaing:
Groundwater Moniior.
I�terstit No!tilor.
3 Ye8rTighhte66 T66C
�uro¢ean SuCtlon:
S!R Approve Date:
Sf R Vendor Nbr:
N
N
N
N
N
Y
n
06l � GDDO60q ?d81% ZNlD71Zl1lTSDH •....�s��faf�s�it��aRS���s����u•
Our T�nK Nbr, pOd U
Oispans9r Type: Suetion
Tank Cansi Mtl; BaroiaatnURSph Coat Steet
Used For NeaL'ng?: U
'ank bhpo�al Company;
Tank Cath prot;
FiPe Maferial: Galvnn`ed stee!
Nw Geneeator iD: �
7enk Reg(atrativa Oate: 04lSt/1988
""_""""---'-"""".._"""' 00! - V9T
� o` Tank Campartmenb: 7
COtripert Numbsr. 1
Compar. 5torrd ProC: Gaso�i�e
Comya�l Othar Desc:
Clienf Tenk Nbr:
rotat Capaciry:
Stcred Protluct:
Tctnk Status:
2nd Cont 7enk;
Pipe CaUt Prot:
Pfping Malerial Desc:
Produc! peAlaced Daie:
UnCag Tenk Report Qate�
004
d,000
Gasoline
Removed
Norro
��it3�i
Compatt Capaetty: 4000
Compart Stor�d Desc: GASOL��lE
-•-- Overfill Informafian ---
Ovartifl ProtAlarm:
OveAilf Pret 9ellfioec
Over!'�11 Prai No In1o: Y
OvEfiill Prot Type Uhk
•-•• Tenk Ralease 7rotection -
Daily SNC : Y
Tigh�ess T t: Y
Menuat c3sugi :
Avto Gavgirq: N
Sail Vapor Monitor: N
Oroundwa!ar Moniror: N
Inters!it Monitor. N
SIA Approvs Dats:
SfR Vendor Nbr. U
Other Desc:
OveAill Prot Autoshut:
Ov�diit Prot RA80vdC
Ove�1iN Prot None:
..-. pipin� Feiease Protgelbn ....
Au[a Llne Leak Detenfion:
Annual T9F,tness 7oit:
vapor M.onitoring:
Grounqwater MoniFor.
(ntecEtlt Mqnitor.
3 Year Tghinsss Test:
Europeart Suetion:
S!R ApRreve Qete:
S!R Vandei Mbr:
N
N
N
H
N
Y
bther Fiag: N
s����1M4�N�f�s1HN��'R�I�R1Yf14Hi44 COAAEHPON21LbTCL •����rt�t�rarta��a�.u������s�������.
Num.ber: 1
Cempany:
Tyae' Registration Form
Dflte: OSlO't19Di
Person At Co:
PCS:
The fa towing camment w3s entEreC on; OdJtil96
nt 5 Al.l. T1�NK5 VlSUAL
� �IVAtiCIAL ASSUAANCE LETTEq TQ DEMONSTRATE SELF lMSttaA��C: RECEiVED b�5!92
P�ga 3 ef 5
t!4P-t�6-c��� 1?�02 METP.,OFC�ITRt! G�YJE� �0 It•t
��l ,-^_ I?•=' �,.- '
•. � r :�ik S.cC i'�� :iW���; i �'t2sii'natiwh
,,�
AJl71.RSVU
5ite ID: 3856
_ ..._ . ----`---
REFcr: ivaTba^ <3
^.+ervice StetlaRlBulk
Type Ot Site: Undera
Onty
rvumcer, z
Campeny: VtCKfipS N24t i
Type: RegistrdGorl Form
Peraon At Co: ,I�pF I(qRMER
PCS:
S}gnnture: JEFFAEY KRAMER
Ti!!? : ?RES
Data Fcrm Reee?v�d; 2J�y84 (CHANl3E OF Ot�YNERSMIP- PRCVIOUS 6UVVER-
TOTA(. �ETRpLEUM- 81415 ?ILISBURY AVE S- MPLS)
Mumber: 3
Cor+tpeny: VICKER3 �t2411
TYP9: Letl9r
Onte: 0912211ggq
Psrson At Co: S BAKER.60W�N
PCS:
CE'TER R5C&NQD q/fygy PpOM bAN�HL YALOTPRES 8 CHO-30TA! RETROLEUM
iY SJPPORT OF THE USE pp TSiF FINANCtAL TEST OF g��F•{NSVp,qhCE TO
JEMONSTqATE F�NANCfAL RESPONS161L;7Y FOA 7AKfNG CQRRECTIS�E ACT}ON RND/OR
CONa�NSA71NCi THIRp PARTIES FOA BObILY fNJURY ANO PqOPEEt7v D4MAL3E CAUSEC
ev SJppEN ANO dA NQ;�SUDbEN ACCIDHN7A1. RE�.EA56S IiV THE A!u17 OF A7 ��.qST
Sz.000.a00 aNNUAL A4GEi�GAtE AqIS1N4 FROM OPEAATfNG uSTS.
Number. 4
Compdny: VICKERS N2471
7yps: phone Cefi
Date: 03J14I1998
�'erson At Co: KAl'HY LESLiE
PCS:
nvarvT� �EAStNC3 kRS A NEw aDDRE5S. 3G33 E 16T AYE• STE 202• DEt�VER CO 80206
PRe"�OUS AOORESS- 5211 4UESEC ST- t�^qEEN�NOOD VILLAGE, Cb 8�1 t'.
P?.S�I�OJS PWONE #t 3a3a70-7007 PEA CALL T4 KA7HY tE5L1E- AvAN71 �EqS;NG
3:9&JH
Wumber: 5
Campany: A5FiLArVO
Type: FIeId Notes
6ate: oA102119?8
Person At Co: AOOER FfSHER
PCS:
P_R'Jk A SHEET (VDTES FROM Rf:
�
S7A?ION fS N07 VICFCERS, BUTASHLA D,
OWN,R IS NO CONGER AVANTf LEAS(NC3 lNC, BtJT JEREMY SCHAUEi�.-b1L
Numb9r: B
Compeny: ASHLAN�
Ty¢o. Fi91C NOteS
Daie: 02110Jt8BB
Person At Co: .
RCS:
1 VlSREQ THIS S17e QN 2ltprgg, THE FACILITY !S CLOSED, THE OISPENSERS ARE
COVEAE�J ANO BOTH THE SITE PHONE RND OWNER Pt?ON� AA'e pISCQPlNEC7Ep,
Numbe� 7
Company; 7.�h1 Equipman[
TYPe: �ax
Oate: ii/OSliS48
Per9on At Co: 9rian Lacson
PCS: JCA
} t/�.' sss arian t,areon Zahl �QUipment taued 10 day nOdee to remove 4 t�nks 7 5l16/t9gg
tJumber. 8 Dnta. 12ros1799g
'ege Q o! 5
�
�
?1RP,-�+�- 17:�3 h1ETF.7rOLITRN GRA!'EL CD lil c,�l ��„_ ��c: r_ ��
peport t[sre: Tank 3ile and Cwner lnformatia� �- � "
---._..�.
�-�«e r;�T,ea
� . �'�030
ASFfLANb -
Site 1�: 385Q Sarvice StatioNgulk
� TyPe cf Site: Undet ronnd Onty
Corr,pe�: Ash13ttK4 g
7YPa: Regtttretiort Fcrin
At Co:
PCS: AJA
�?J7199 �
r�ep7strat�on form reci6vedSr�{r� m$t nsi pot.d44 wtrc �eme�ed on 71/75ti8g9
,,\
�
�
Page 5 ot 5
rr�tc.� r-
�
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,�r� . ��� .
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�l I J
D 1 S T R 1 C T
F 1 V E P L A N N 1 N G
=l'at�nc-�ltcttcn
_ �
C O U N; C l L
To: St Paul Planning Commission
Nancy Frick
From: Bruce Sylvester, District Five Planning Council °
Date: May 30, 2000
Re: SCUP Request for poug Berends at 1170 Arcade (Southeast comer of Rose and Arcade)
I am writing to inform you that the Community Planning Committee of ow organization hosted a community
meeting on Thursday, March 23"'to discuss Mr. Doug Berend's interest in obtaining a SCUP at 1170 Arcade.
l�Teighhors in 4he � u�un3 1174 Ar�ade were invited, 2nd many attended this meeting.
At that community meeting, Mr. Berends explained his goal of opening a car lot at 1170 Arcade, and outlined
what the lot would look like, what the hours would be, etc. Neighbors expressed many concerns a6out such a
business locating at that sit�-I've encIosed a copy of the notes from the meeting for your review.
As the minutes make very clear there was no support from the community for a car dealership at 1170 Arcade,
and quite a bit of opposition. Also, a SCTJP for the same purpose at this location was denied about a year ago
when city staff determined that the lot is too smatl for a car dealership.
Because of the_co_ncems and 0000sition raised bv the neighbors and because the lot is too small for such a use
the Distnct Ftve Plamm�e Council is ooposed to the gsanting of a SCUP for a caz dealershio at 1174 Arcade
If Mr. Berends would like us to revisit this matter a second time and if he is willing to have the matter laid-over,
we can add this issue to our June 15`� Community Planning Committee meeting agenda. We would need to
know if Mr. Berends would like this on our agenda no later than Tuesday, June 6`� so we could publicize this
discussion item in the local newspaper and through fliers to local neighbors.
If you have any questions about tfiis matter, please feel free to cali me at 774-5234. Thank you.
�
C �
70�4 Payne Avenu2
Saint Pauf, Minnesota 55107
TefY 774-5234 Fax� 774-974�
�
D I.S � T R 1
- �. _ ,
- �r���•,� � - .
;R
i � I���a
—��� _
C. T- F t V E P L A N J N, G C
�ayne-P{ic�(Fri .
Meetin¢ PIobes
from the Th�usday, Manch 23'� Meeting
of the District Five Contmimity Plannina and Economic Development Committee
630 P.M. az the Arlington FIills Lbrary, I105 Greenbrier
� �t;��/03a
O U- N C 1 L
Committee members present: Ray $ammons-chair, Bruce Sylvester—stafF. A complete sign-in list is avaiIabie in '
the office...
Item One--Pronosed Used Car Lot at 1170 Arcade (the otd Ashland Oil 1
Staff explained that two different men had contacted Ute bistrict fiive Pianning Council office about their .
hopes to open a used-caz deaiership af the corner of Rose and Arcade. Because the lot is only 10,000 ._ .
squaze feet—and the City requires I5,000 square feet for such a use--a Special Conditioa Use Permit wiIf
be needed. Both men said that before submitting a request for a SCUP to the City, they wanted to heaz from
neighbors in ihe surrounding area if there would be neighborhood support or opposiuon for such a used caz
deatership. Staff and Ray S. had arranged for tonight's meeting since there was no time on last week's
CPED Committee agenda, and since there is no acfual request for a SCUP at this point. Staff fliered the
surrounding neighborhood to inform people of tonighYs meeting, and both men interested in the site said
they would attend. Only one of the two men interested in Yhe site was in attendance--Mr. Doug Berrands.
The other applicant Mr. Todd Bauer—did not attend. The meeting bagan with Mr. Berrand's attorney
� expiaining his clients proposed site plan for the site. Details inciuded curbs, caz placemenf, fencing, and
renovation of the building. Access to the site would need to be determined after consalting with Public
Works—one option is to have the entrance off-of the alley on the souttz side of the lot.
After this presentation, neighbors voiced several concems, inclading:
• Neighbors do not want traffic in the alley there is aIready too much and several accidents have
occurred recently
• Leaving the a]Iey to get onto Arcade is difficult, especially if lazge trucks are pazked on Arcade.
• In response to having `no pazkiag signs' posted on Arcade to prevent the aforementioned issae,
severai neighbors—including one business owner—said that would not be accepiable.
• Neighbors feel there aze too many used car dealership atong Arcade Street already
• Neighbors had concems about ffie number of cars 22—that Mr. Berrands said he planned on
having on the ]ot After Iengthy discussion, the group ageed that a significandy smaller
number of cars would be necessary. .
• �.� Mr. Betrands is able to open a used caz lot at that site, he promised to remove the pay
phone after severat neighbors expressed concerns abo¢t it. His lawyer said it would be removed
if it were legally possible (if it weren't on some long-term tease or something...)
• Finally, the Iawyer for Mr. Berrands asked if the community would support or oppose Mr.
Berrand's plans, and everyone present expressed opposirion for the plan. Ray S. explained
that it was now up to Mr. Berrands if he wanted to apply for a SCUP or noY, and that if he did
apply for one, District Five would receive a notice, norify neighbors, and take a formal position
on the actual request for a SCUP. Ray S. concluded by saying that the results of tonighYs
meeting would obviously be taken into consideration at that rime.
� The meeting adjourned at 730 p.m.
Respectfuily submitted, Bruce Sylvester.
Minutes ofthe Mazch 23 , 2000 meeting ofthe District Five CPED Committee
1074 Payne Avenue
Saint Paul, Minnesota 55to1
Tel� 77C-5234 Fax� 774-9745
Comments on Z.F. #00-127-229
SCUP for used car lot at i l70 Arcade gtceet
as of June 8, 2000
Staff received the following phone calls as of June 8, 2000:
• John Huot
829 E_ Geranium,
Opposed. Expressed concern abouf hazard due to alley access.
• Antonio Shaw _
846 E. Geranium
Opposed. Cannot attend 7une IS gublic heating.
• Diane Dodge
845 E. Geranium
Opposed Inappropriate vse at this location; safety concerns; too many caz lots on Arcade.
�
�
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CITIZEN PAR ICIPATI OI R? �5
CITIZEN PARTICZPA7ION PLANMING DISTRIC7S
I.S UNRAY - BATTLECREEK-HIGHi�f00D
2.GRERTER EAST SIDE
3.WE5T SIDE
.��YTON`S 8Lt1FF
- `,�y,�IYNE-PHALEH
6.NORTH END
7.THOMAS-DRLE
8 .SUMMIT-UNIVERSITY
9.WES7 SEVEN'fN
lO.COMO
1 i . HAML INE-h}IDblAY
12.ST. ANTHONY
13.MERRIAM PX.-LEXING70N HA,NLINE
14 .GROVEIAfaD-MACAIESTER
15. HIGHLAPiD
16.SUMMIT HILl.
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oR��tNA�
Presented By
Referred To
Paul; and
2 Whereas, Douglas Berends, in zoning file no. 00-127129 made application to the Saint
3 Paul Planning Commission (hereinafter, the "Commission" for a special condition use permit
4 pursuant to the provisions of the Saint Paul Zoning Code for property located at 1170 Arcade
5 Street and legally described as Lots 14 and 15, Block 8, Eastville Heights in the City of Saint
�
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Whereas, The Zoning Committee of the Commission conducted a public hearing on June
15, 2000 after having provided notice to afFected property owners, and submitted its
recommendation to the Commission. The Commission, by its Resolution 00-35, dated June 23,
2000, decided to deny the application based on the following findings and conclusions:
The applicant, Douglas Berends, has a purchase agreement dated March 15, 2000 for the
property at 1170 Arcade and proposes to establish a used car business at the site. The
property is a vacant Ashland gas station. The applicant has provided documentation from
the Minnesota Pollution Control Agency that the underground tanks have been removed.
The pumps and canopies have been removed. The building remains and the applicant
plans to use it as the business office. The applicant intends to have one employee per
shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of
automobiles subject to the following conditions:
�soLUTZON
CITY OF SAINT PAUL, MINNESOTA
Council File # � .. � �^y (�
Green Sheet # �(p (� L'a,a•
�
Committee: Date
The lot or area shall be provided with a perrrzanent, durable and dustless
surface, and shall be graded and drained as to dispose of al[ surface water
accumulated within the area.
This condition is met. The lot is paved; drainage is assumed to be satisfactory.
2. Vehicular access to the outdoor sales area shall be at least sirty (60); eet from
the intersection of any two (2) streets.
This condition is met. The access from Arcade is approximately 100 feet from the
intersection of Rose and Arcade. The applicant proposes closing the access on
Rose with a cable fence. The applicant also proposes closing the access from the
alley with wood fencing and a cable fence along the alley, as shown on the site
plan.
oo-�t�,� �
c. No repair or reJtnishing sha11 be done on the lot unless conducted within a completely
enclosed building.
5 This condition is met. The applicant states that no repair or refinishing work will be
6 performed on the premises and that all vehicles offered for sale will be in quality
7 condition.
9 d.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
The minimum lot area shall be fifteen thousand (I5, 000) square feet. A site plan shal[
be submitted showing the layout of the vehicles for sale or rent, employee parking, and
customer parking.
This condition is not met. The lot size is 9,760 square feet. If half the alley is used in
computing density as aliowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is sti114,440 squaze feet less than the minimum required by the
code. The applicant is seeking a modification of this condition.
2. Section 64300(d) requires that the planning commissioa make the following findings before
granting approval of a principle use subject to special conditions:
a.
b.
c.
�
48
44
50
51
52
53
54
55
56
57
e.
The extent, location and intensity of the use will be in substantial co�npliance with the
Saint Paul Comprehensive Pian and any applicable subarea plans which were
approved by the city council.
This condition is met. The proposed use is in substantial compiiance with the
comprehensive plan, given that the B3 zoning district is intended for this kind of use.
The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
This condition is met. The applicant site plan indicates access from Arcade
approximately 100 feet from the intersection of Rose and Arcade.
The use will not be debimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety and general welfare.
This condition is not met. While the use is permitted in the B-3 zoning district, and
while the applicant has proposed site improvements including a five-foot cedar privacy
fence along the rear property line where the site abuts residential use, and a twenty-inch
wood fence along the front property line to prevent cars from hanging over the public
sidewallc, the small size of the lot makes the proposed use detrimental to the immediate
neighborhood.
The use will not impede the normal and orderly development and improvement af the
surrounding property for uses permitted in the district.
This condition is not met. Again, while the use is consistent with the B-3 zoning district,
the detriment to the neighborhood character posed by locating this use on a very small lot
is an impediment to improvement and development of other property in the district.
The use shall, in all other respects, conform to the applieable regulalzons of the district
in which it is IocaterL
This condition is met, with some rearrangement of parking spaces on the site plan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
totals five spaces for a lot and building this size. The site plan indicates five spaces.
t oo-�a � �3
2 However, the site plan shows all spaces (required parking and spaces for the vehicles on
3 display) as 10 feet wide and 14 feet long. To comply with zoning code regulations,
4 changes would need to be made. One of the customer spaces would have to be 16 feet
5 wide to comply with ADA requirements for handicapped pazking. The length of the
6 required customer/empioyee parking spaces would have to be increased to 18 feet, as
7 indicated in Section 62.104(4) of the zoning code. The width of the non-handicapped
8 spaces, now shown at 10 feet, could be reduced to nine feet and remain in compliance
9 with the code. It appears that the extra lot area needed to accommodate the handicapped
10 space width can be more than made up for by the lesser width required for all the other
11
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spaces.
The length of the spaces for the vehicles-for-sale would have to be increased to 16 feet,
while the width, now shown at 10 feet, can be reduced to eight feet. (Site plan staff
generally uses the "compact space" dimensions cited in 62104(5) as the minimum
requirements for vehicles being displayed for sale.)
If customer and vehicle-for-sale parking spaces are increased in leno h to comply with
the code, the arrangement shown in the site plan would leave a 19 foot lane between the
customer parking and the line of vehicles-for-sale; the code requires 20 feet It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parking spaces and some of the vehicle-for-sale spaces on the east side of the lot were
exchanged.
Section b4300( fl of the zoning code states, "The planning commission, after public hearing, may
modify any or all special conditions, when strict application of such special conditions would
unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure
and would result in exceptional undue hardship to the owner of such property or structure;
provided, that such modification wili not impair the intent and purpose of such special condition
and is consistent with the health, morals and general welfare of the community and is consistent
with reasonable enjoyment of adjacent property.
Staff finds that the size of the requested modification, 4,440 square feet or approximately 30
percent, from the required minimum lot azea, is not consistent with reasonable enjoyment of
adjacent property nor the intent of the code to limit outdoor auto sales to larger lots.
Whereas, Pursuant to the provisions of Leg. Code § 64.206, Douglas Berends duly filed
with the City Clerk an appeal from the determination made by the Planning Commission and
requested a hearing before the City Council for the purpose of considering the actions taken by
the said Commission; and
Whereas, Acting pursuant to Leg. Code §§ 64.206 - 64.208, and upon notice to affected
parties a public heazing was duly conducted by the City Council on August 9, 2000 where all
interested parties were given an opportunity to be heard; and
Whereas, The Council, having heazd the statements made, and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby
Resolve, That the Council does hereby uphold the decision of the Planning Commission
to deny the said application and to adopt as its own in support of the Council's decision herein,
the findings in Planning Commission of its Resolution No. 00-35; and be it
e,> s�
j '� 0 ^ � �,1����
2 Finally Resolved, That the City Clerk shall mail a copy of this resolution to the Zoning
3 Administrator and the Planning Commission and to the appellant, Douglas Berends.
OR1GIi�AL
Requested by Department of:
By'
Apps
By:
By:
Form Appr d by City Attorney
By: �(� 4/M/L'�-� �V � /� �c p
Approved by Mayor foY Submission to Council
By:
Adopted by Council= Date ��0�
Adoption Certified by Council Secretary
d�o-�o�0
,
GREEN SHEET
N�106122
Peter Wazner - 266-8710
�T BE ON COUNCIL AGH�I BY (QqT�
NOVCII1bCI Ol, ZOOO
TOTAL �E OF SIGNATURE PAGES
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arccaao.
❑ arcwnmev ❑ dn��cu _
❑ wu�cuLLiilMe�sow. ❑ wuxu.�aFRln.ccro
�Y`IOR(ORI1f0iY1f) ❑
(CL1P ALL LOCATIONS FOR SIGNATURE)
Memorializing the decision of the City Council on August 9, 2000, denying the appeal of Douglas
Berends to a decision of the Planning Commission denying a request for a special condition use permit
to allow for a used car sales lot at 1170 Arcade Street.
PLANNING COMMISSION
CIB COMMffTEE
CNIL SERVICE CAMMfSSfON
Hx u,ic v��m� everwori�d ��ae. a�r�t�aa r� mis aepartmerM1')
VES MO
Flas Mis D�� ever bee.n a ary anPbYee7
YE3 NO
Does tltis peroakrm posroec e aldN not normalypoesessetl by arry arrent dty empbyce?
YES NO
Is thia pemaNfrm a tarpetetl ventlort
� �
atqc� W nreen sheet
II�»'i•Y�e�i
c�csx.r�e.7
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✓
CITY OF SAINT PAUL
Nonrs Colemars, Mayor
October 20, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Douglas Berends
Zoning File No. 00-127129
City Council Action Date: August 9, 2000
Deaz Nancy:
L+C'�'f" "ec��%vs? ° �'iB�}2t
.:�E, :
�' � 9 . ' ��o��
_�
Attached please find the signed original resolution memorializing the Council's decision to deny
the appeal of Douglas Berends in the above referenced zoning file. Please place this resolution
on the Council's Consent Agenda at your earliest convenience.
If you have any questions, piease don't hesitate to contact me.
Very truly yours,
irLr�I� �^'!�'Gi�v�`a—�
Peter W. Warner
Assistant City Attorney
OFFICE OF THE CITY ATTORNEY Q O'I
Clayton M. Robinson, Jr., Ciry Attorney
Civil Division
400 Ciry Ha[[ Telephane: 6�7 266-87l0
ISWestKelinggBlvd. Facsimile:6i1?98-5619
Sairst Pau{ Minnuota 5�102
PW Wfrmb
Enclosure
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
ORIG��IAL
CTTY OF SAIIVT PAUL
Norm Coleman, Mayor
Divisian ojPlm�ning
25 West Fourth Sbeet
Saint Paul, MN55102
30
Telephone: 612-266-6565
F¢csimile: 672-228-3314
.�,� ri
_tt ��� -
, Jllly ig� 2���
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
I would like to confirm that a public hearing bef
August 9, 2000 far the following appeal of a Pl
special condition use permit:
A�pellant: DOUGLAS BERENDS
FileNumber #00-135-723
Pui �ose:
Address
Appeal a Planning Commissi
permit to allow for a used caz sa,cs �o�.
1170 Arcade Street (southeast comer of Rose and Arcade)
Le¢al Description of Pronertv: Lots 14 and 15 Block 8 Eastville Heights
Previous Action
Planning Commission Recommendation: Denial; vote: unanimous, June 23, 2000
Zoning Committee Recommendation: Denial; vote: 6-0, June 15, 2000
D I�
use
My understanding is that this public heazing request will appeaz on the agenda for the August 9, 2000
CiTy Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger.
Please call me at 266-6554 if you have any questions.
Sincerely,
�(�.i✓�-f..(,j_ �/ '� 1��---
J
; '�ancy Frick
�'�'sity Planner
l cc: File #00-135-723
File #00-127-129
Pau1 Dubruiel
Cazol Martineau
Wendy Lane, LIEP
7� .�,1 ���t �
� I
�,�Jr ,
� �
�]� / �'
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_—= 81: -PAOL IEGAL i r¢nnun s'
ozooes�s
• �srxvn* •
� NOTiCE OF PUBLTC HEARIZiG
The Saint Pau1 City CounciI wtll con-
ducfi' a public hearinb on Wednesday,
Aa�.ist 9, 2000, at 5:30 p.m. in the City
Council Chaznbers, Third Floor City Hall,
15 West Kellagg Bouievard, Sauxt Paul, �NIN
to consider the appeal of Dougtas Serends
to a decision of the Planiurig Commission
denying-a request for a special condition
use permit to allow for a used car sales lot
on the pmpe.rty at L370 Arcade Street
(southeast corner of Rose and Arcade
s��l. .
Dated July 18, 2000 - . �
NAPICY ANDERSOI�I
Assistant CYty Cotineil"Secretary -
. CJuly201 -
I� � i i
: 'n
:a.a.. . [� a � u
..�� a �t � � ��• �a
i, > 1 I �
CITY OF SAII�T PAUL
Nosm Co[emmt, Mayor
August 3, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Aall
Saint Paul, Minnesota 55102
25 Weat Fmvth Sueet Te7ephane: 651-266-6626
SaintPau;MN55702 Faemnile:651-22&3347
RE: Zoning File #00-135-723: DOUGLAS BERENDS
City Council Hearing: August 9, 2000, 530 p.m. City Council Chambers
�
PURPOSE: Appeal a planning commission decision denying a request for a special condition use permit
to allow for a used caz sales lot at 1170 Arcade Street.
PLANI�TING COMMISSION ACTION: DENIAL; vote: unanimous
ZONRVG COMMITI'EE RECOMMENDATION: DENIAL; vote: unanimous
STAFF RECOMMENDATION: DENIAL
SUPPORT: Two (2) persons spoke.
OPPOSIT'ION: No one spoke. Two letters. Three telephone calls. The District 5 Payne Phalen Planning
Council voted to oppose the special condition use permit.
Deaz Ms. Anderson:
DOUGLAS BERENDS has appealed the decision of the Saint Paul Planning Commission to deny a
request for a special condition use permit to allow for a used car sales lot at 1170 Arcade Street. The
Zoning Committee of the Saint Paul Planning Commission held a public heazing on the request on June
15, 2000. The appellant's representatives addressed the committee. At the close of the public heazing
the committee voted unanimously to recommend denial of the permit. The Planning Commission upheld
the Zoning Committee's recommendation to deny the permit on a unanimous vote on June 23, 2000.
This appeal is scheduled to be heazd by the City Council on August 9, 2000. Please notify me if any
member of the City Council wishes to have slides of the site presented at the public hearing. The appeal
packet is attached.
��
Sincerely,
`�� �� c�
U
Nancy Frick
City Planner
Attachments
cc: City Council Members
Douglas Berends
J. Anthony DeRungs
Peter Wazner
Wendy Lane
D3strict 5 Planning Council
File #00-127-129
�"�"ea�`a� - _: -- _
APPLiCAT
Deptrrtmeni e
Zoning Secti�
�� IIOD Cit}• Ha
25 lf esl Fou;
Saint Paul, D
26G-6589
APPELLAt1T
PROPERTY Zoning File Name S^ec�u ;.o:ir�.4e; i;� -�: ;z E-.�;��.�
LOCATION
Address/Location 1i70- �cace S�reet
co:.ing Fiie � ��-227-:.<
TYPE OF APPEAL: Application is hereby made for an appeal to the:
� Board of Zoning Appeals C;3 City Council
�nder the provisions of Chapter 64, Section , Paragraph of the Zoning Code, to
appeat a decision made by the 2�--�;z;- � o = Di li.- �__.�-__
on i�e 23 , 1�j�. File number:�^-?;-_;��
(dafe of decisionJ
I GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement,
permit, decision or refusal made by an administrative o�ciai, or an error in facf, procedure or •
finding made by the Board of Zoning Appeais or the Planning Commission. • �
1• izss s��ce is re�:irea _°or �i�.is ��se� c� loL t.::e:: ot^.er� :;��se t:^_e a.-: ier
.-_oes not pe:.foxn a-�y ca: �repara�.on or. �iis site. :;� se�wice ::a�s a�.-e ;ieec
2. u�e use 7.S COti1S`i.0'1 ori�: i::.E zei�: .''.X�Ti.CCG. �i::2T �f_:1Ct2 �195 are r.ace i
�zis area. It is a.;.icht i:se ca.; erei� ��:t ?ri�ac�T s�.xt �c
� ��ea s�ace tr. a t::e a_?e�.rz�_ce o� t�.e nei;::xr_xa�. :is t:se �:ill
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ttach additiona! sheet if necessary) �re at�c`.ac
AppticanYs signatur�,� nii ��/,{i� ���/�/t/l.C�/1� Date � lZ 00 City agent� b
�
�"�� . � [�G
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Application for Appeal of Deniat of SCUP
Douglas Berends
1170 Arcade St., St. Paui
File #00-127-129
Page 2
C�
4• The parldng, vehicle placement and lane width requiremems aze all acceptable as
recommended by the Planning Commission. An alternarive arrangement of the vehicles
for sale and for customer parking can be accommodated.
FolIowing the meeting of Thursday, March�, 2000, I met with the District 5 Planning
councit communrty meeting participants. More than half of the people at the meeting spoke with
me at the conclusion of the meeting. Contrary to the Dist. 5 Ptanning council report they were
� opposed to my development of the lot as proposed. They expressed to me that if the alley
was blocked off so that there would be no commercial use of the alley, they didn't believe tbe
commercial use would be of damage to the surrounding properry. They were more interested in
whether the pay phone could be removed with which I am in complete agreement. If there aze
people in the azea that the neighbors find offensive, it is more likely due to the accessibility of the
pay phone than used vehicle sales.
I will not be operating a convenience store or gas starion as the tot has been used in the
past, both of which amact large numbers of customers. I anticipate use of appro�mately 15 �
customers per day with a single lot saIes person. Based on my conversarions the neighbors
indicated they believed less appealing business could be on this lot. There were three people who
expressed clear opposition to my proposai. They wanted the lot to be green sgace with no
business of any kind on the lot. Uniess the City wants to acquire the property, I don't believe the
lot can be so restricted.
This Special Conditional Use Permit application needed to be judged on the merits of the
business proposed. There will be no gas pumps, tanks or overhead canopies alI of which have
already been removed. The property will be properly resurfaced with asphalt, graded and drained
to dispose of any surface water accumulated in the area. I would also resurface the adjacent alley
way if approved by the City. The vehicle entrance and exit is on Arcade, approximately 100 feet
from the Rose Street intersection. The business will not increase local street usage.
I do not intend to perform an repair or refinishing work on vehicles at this site. When the
minimum lot size for a motor vehicle�usiness was set, service bays and building space for parts
and equipment storage had to be considered as a necessary part af the business. I already have
another site for vehicle preparation. The existing bnitding would be occupied and used as a sales
office. It will no longer be sitting vacant and unused. A five foot cedar privacy fence will be
installed on the back property line to separate the Iots and a 20 inch cedar fence will be installed
on the front property line on Arcade and atong the alleyway to bIock it off. Curbing is already
present on Rose SYreet and the Rose Street access wi11 be closed off.
Please refer to the scated site plan previously suppiied along with the pictures of the �
current condition of the property including the building.
- - - -- ��:-�
- - �" -- � � - =�'.
�
�
ciijr of saint paul
planning commission resolution
fiie number _ „�_� �
date � 6�ZS�oo .. .. . -
-- �,-.:m::>_���: ;,::._
_ _ - _ - --,� -
� �C�i3O
_ . - � �__ :,.
� .,, : -�_.;�.�.. s _-:�. -
. - ,r:.-, .. G3:� ...- _..?'t`"T - = -
tVHEREAS, DOUGLAS B£RENDS, fi[e �00-127-129, has �pplied for a Special Condition Use Permit
under the provisions of Section § 60.544(2) of the Saint Paul Legislative Code, to allow a used auto
dealership at I 170 Arcade Street; Iegally described as I,ots 14 and 15 Block 8 Easrvilte Hei�hts; and
«'HEREAS, the Zoning Committee of the Plannin� Commission, on 06/15/00, held a public hearing at
��•liich all persons present were given an opportunity to be heard pursuant to said application in
accordance �vitli t]ie requirements of Section 64300 of the Saint Paul Legislative Code; and �
�VHEREAS, Saint Paul Plannin� Commission, based on the evidence presented to its Zonin� Committee
at the pub(ic hearing as substantially reflected in the minutes, made the follo�ving findings of fact:
The applicant, Dou�las Berends, has a purctiase agreement dated March 15, 2000 for the
properry at 1170 Arcade and proposes to establislz a used car business at the site. The property is ..
a vacant Ashland gas station. The applicant has provided documentation from the Minnesota
Pollution Control Agency that the underground tanks have been removed. The pumps and
canopies have been removed. The building remains and the applicant plans to use it as the
business office. Thz applicant intends to have one employee per shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of automobiles
subject to tl�e follotivin� conditions:
TI:e lot or area s/ra1! be provided rvitlt a perma�rent, dttrable tu:d tlusfless sttrface, arzd
slra!! be gratled a�zd drained as to dispose of al1 surface tvafer accrrn:rdated fvithin ihe
areu.
This condition is met. The lot is paved; drainage is assumed to 6e satisfactory.
2. Vehicular access to the outdoor sales area s/eall be at least sisty (60) feet from tl:e
interseclior: of ntty iwo (2) streets.
This condition is met. The access from Arcade is approsimatel}• 100 feet from the
intersection of Rose and Arcade. The applicant proposes closina the access on Rose
�vith a cable fence. The applicant also proposes closing the access from the alley with
�vood fencina and a cable fence atong the alley, as shown on the site plan.
moved by Gervais
seconded by
� in favor Unzzi�°°5
against
Z.F. #00-127-129
Page 2 of Resolution
3• Nn rep�rir or refifzisliing s1:�11 be done or: rhe lor uizless cox�lucterl witlrisi R conrpletely
enclosed builrling.
This condition is met. The app(�cant states that no repairor refinishine «•ork �vi(1 be
performed on tfie premises and tliat atf vehicles offered for sale n�ili be in qualiry
condition.
4• T/ae ptbai»tum !ot area slrall be ftf?eei: t1:ot�sand (IS,000) square feet. A site plan sJ:all
be srrbnrit[ed slaorving tlre layout ojtlee ve/riclesforsal or re�zt, e»�ployee prrrkino
custamerparking.
a . lltid .
�
This condition is not met. The lot size is 9,760 square feet. Ifhalfthe aftey is used in .
computino density as a[Iowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is ste(! 4,440 square feet less than the minimum required by the
code. The applicant is seeking a modification ofthis condition.
3 • Section 64.300(d) requires that the p(anning commission make the foltozvin� findings before
grantin� approval ofa principle use subject to special conditions:
a- T/ee eztent,location and inletuity ofthe use rvill be irz srcbstantial conrpliar:ce witlr tl:e
Saint Parrl Comprel:ensive Plar: and �zrry applicable subarea plar:s whide rvere
�rpproved by the cify cormcil. �
This condifion is met. The proposed use is in substantiai compliance �vith the
comprehensive ptan, given that the B-3 zoning district is intended for this kind of use.
b• T/te rrse will provide adequate itze ress ¢nd egress io »:ittinrize irrtffc congestion in tl:e
pub[ic streets.
This condition is met. The applicant site plan indicates access from Arcade
approsimately 100 feet from the intersection of Rose and Arcade. �
�- Tlte trse tvill not be detriment�rl to tlre ex�sting clraracter ofilre developa:ent in t/te
imnrediate trei� hborlrooct or e�zd¢nger Ure public leealtle, safety mad general weljare.
This condition is not met. �Vhile the use is permitted in the B-3 zonine district, and
while the applicant has proposed site improvements includino a five-foot cedar privacy
fence along the rear property line �vhere the site abuts residential use, and a hventy-inch
wood fence aloa� 8�e front property Iine to prevent cars from hangin� over tIie pubtic
side«�al[:, tlie small size of the lot makes the proposed use detrimentat to the immediate
neiahborhood.
<< T/re rrse �vill i:ot inrpede t/:e �rorn:a! and orderly derelopnzetat a�rd inrprovemetrl njllre
srrrroundiito pr�perty for trsespernritted in tlze district.
� �tis conui[iun i; not meL A_�ain, ������ thz u;e is co:isisteizt ���i�h t�t; £z-3 z.:;litt� district, �
the detriment to the neial�borhood character posed b} locatin� thi; usz on z�•zry smail lot
�
. Z.F.#00-i27-I29
Page 3 of Resolution
e.
° �.:
G�4�;�330
J,_�� .:.
is an impediment to impcovement and development of other properiy in the district_
The rrse s1ia1l, itr all otlter respects, confor»: to the appticable regttlations of tl:a disirict
in whide it is located
This condition is met, �vith some rearrangement of parking spaces on tlie siTe pIan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
Yotals five spaces for a lot and building U�is size. The site plan indicates five spaces.
Ho�vever, the site plan sho�vs all spaces (required parking and spaces for the vehicles on
display) as 10 feet �vide and 14 feet lona. To comply wit6 zoning code regulations, •
clianges would need to be made. One of the customer spaces would have to be 16 feet
wide to comply with ADA requiremeats for handicapped parking. The len�th of the
required customer/employee parkin� spaces would have to be increased to 18 feet, as
indicated in Seceion 62.104(4) of the zoning code. The width of the non-handicapped
spaces, notiv sho�vn at J O feet, could be reduced to nine feet and remain in compliance
with the code, lt appears that tlte extra lot area needed to accommodate the handicapped
space width can be more than made up for by tl�e lesser width required for all the other '
spaces.
� The length of the spaces for the ve6icles-for-sale �vould ha��e to be increased to 16 feet,
while the �vidth, no�v shown at 10 feet, can be reduced to ei�ht feet. (Site plan staff
generally uses t6e `�compact space" dimensions cited in 62.104(5) as the minimum
requirements for vehicles bein� displayed for sale.)
If customer and vel�icle-for-sale parking spaces are increased in lensth to comply with
the code, the arrangement sho�m in the site plan «�ould leace a 19 foot lane behveen the
customer parkino and the line of veliicles-for-sale; the code requires 20 feet. It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parkin� spaces and some of the ��ehicle-for-sale spaces on the east side of the lot were
exchan�ed. '
4. Section 64300(� of the zoning code states, "The plannine commission, afrer public hearing, may
modify any or atl special conditions, when strict applicafion of such special conditions would
unreasonably limit or prevent otherwise lawfu{ use of a piece of properry or an esisting structure
and �vould result in escepiional undue hardship to the oticner of such property or structure;
provided, that such modification �vitl not impair the intent and purpose of suc1� special condition
and is consistent �vith the healtli, morals and general �velfare of the communit}• and is consistent .
�vith reasonable enjoyment ofadjacent propeRy.
Staff finds that the sizz of the requested modification, 4,440 square feet or appro�imatet}� 30
percent, from the required minimum lot area, is not consi;tent with reasonable ei�jo}�ment of
adjacent propertt• nor the intent of the code to limit outdoor auto sal�s to lareer lots.
� I304V, THEREEOKE, BE 1T RESOL�jED, b}• thz Saint Paul 1'lanning Commiss(on, tiia� unti�r the
authority of the Cit}•'s Lesislati�•e Code, t(ze application for a Special Condition U;e Permit to allow
Z.F. #00-I27-129
Page 4 of Resolution �
outdoor sales of used automobifes at 1170 Arcade Street is herehy denied, based upon Findina 2(d), that '
the minimum lot size condition is not met, Finding 3(c),•that the use may be detrimental to the existing
character of tfie development in the immediate neighborhood, 3(d), that the use may impede the normal
and order(y devefopment and improvement of the surrounding property for uses permitted in the district,
and Finding 4, that the size of the requested modification, 4,440 square feet orapproxi�nate(y 30 percent,
from the required minimum Iot area, is not consistent �vith reasonable enjoyment of adjacent property nor
the intent of the code to limit outdoor auto sales to larger lots.
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City Hall Conference Cenfer
15 Keflogg Boulevaid �
Minutes of Jane 23, 2000
A meeting of the Planning Commission of the City of Saint Paul �vas held Friday, June 23, 2000, at 8:30
a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Engh, Fazicy, Zimmer Lonetti, McCall, and Morton
Present: and Messrs. Anfang, Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, and
Margulies.
Commissioners
Absent:
Mmes. *Duarte, and Messrs. *Kong, *Mazdeii, *Johnson, Alton and Shakir.
*Excused
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Also, Present: Larry Soderholm, Planning Administrator; Tom Beach (LIEP), Al Lovejoy, Elvira
Barnes-Wycough, Lucy Thompson, Altan Torstenson, Virginia Burke, Nancy Frick
Jim Zdon Nancy Homans, and Martha Faust (Department of Planning and Economic
Development staf�; Patrick L,00nan and John Labosky of the Capitol City
Partnership.
Approval of Minutes of June 9, 2000
I.
Amendments to the mailed drafr of the minutes are as follows:
■ Page ttivo, paragraph seven to state Commissioner Gordon stated he asked City staff.
■ Pa�e t�vo, paragraph eight Commissioner Fie1d on behalfotthe Zoning Committee
moved tlrat tl:e petitio�r.
■ Page four, last paragraph to state Commissioner Engh stated that goin underground
would be allowed if feasible.
■ Page five, fourth paragraph, delete devefoper for and amend to state develoument of
the hotel.
MOTION: CommissionerEng/: moved approval oft/ee n:inutes ofJune 23, 2000 as
corrected, Con:missioner Field seconded t1:e nrotion. T/:e nzotion carried unanimously
on a voice vote.
Chair's Announcement
None
III Planning Administrator's Announcementc '�
Mr. Soderholm stated that Joel Spoonheim, Lucy Thompson and he of the planning staff
went to the Congress for the New Urbanism in Porttand, Oregon. They spent most ofthe
last week in Portland and it was exciting to see the strength of the mazket and the kind of
development that is going on, particularly in the downto�vn. They have had lightrail
transit for fifteen years and they have a very good bus system. He stated he will be
getting his slicles back in the near future and wili present more information to tEte
Commission,
Mr. Soderholm stated that pazking passes are availabte for commission members to pazk
in the Civic Center Ramp. Staff received calls from Commissioners who had passes,
used them and have run out. Passes can be obtained from Elvira Barnes-Wycough after
the meeting.
He also thanked Ms. Bam�s-Wycou�h for servin� as the Commission Secretary on a
temporary basis. A new secretary has been hired cvho cvilt be at the first PIanning
Commission meeting in July and we wi11 introduce her then. He thanked Ms. Bames-
'' Wycough for doing a terrific job without much training in this di�cult position.
Chair Morton stated that she �voufd also like to thank Ms. Bames-Wycough for helping
the Commission throuah this period of time and the commission members have enjoyed
working with her.
Mr. Soderholm reported that there have been meetings between the City staff, the �
developer and neighborhood representatives on Victoria Plaza. They have not reached a
conclusion yet, but they are exp[orin� an option for a smaller Victoria P[aza building and
a second ramp along the alley north of Grand Avenue. The City Council Iaid over their
resolution for one week. City Council has not taken a finai written action on the vote that
they took three weeks ago.
TV Publie Heariug
Brewen�/Ran-View Smalt Area Plan and Forfv Acre Studv
Nancy Homans introduced the area plan summary of ihe Brewery/Ran-Vie�v Small Area
Plan and the related Foriy Acre Study for public hearing. She stated that the plan
addresses the azea between West Seventh Street and the Mississippi River, the Boazd of
Edacation Offices, and 35E. Ran-Vietiv comes from Randolph and View Street.
Work beQan on Yhis plan in October of 1993, when the major issues in the area re[ated to
the conditions in the neighborhood immediately surroundine what is now the Minnesota
Brewins Company. At that point in history, the Planning Commisseoe and the City were
heavily involved in the production of small area plans and d�e plans themselves were
adopted by the City Council as chapters of the Comprehensi��e Plan. The Plannin�
Commission held a public hearin� on the original plan drafr on November I7, ] 995. At �
�
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the same time, that the plan was baing considesed - €or- adop�tioa, there'was a reaiization
that uses of the Koch Mobil site were changing. Neaz the middle of the adoption process,
Koch and Mobil decided Yo teave the tank•fazms viere on the way out, it did not seem •
feasible to adopt a plan for the area that had virtually no recommendation about the future
of the sixty-five-acre site in the heart of the city.
In Auaust of 1999 the task force was reconstituted and co-chaired by Planning
Commission member, Kathi Donnelty-Cohen, and $ecca Hine and Andrew Schmidt from
the West Seventh Federation. Today, the Planning Commission will hear testimony on
the summary of the azea plan and the relaYed Forty Acre study.
While the geographic emphasis and the format ofthe plan have changed, the goals have
notchanged:
The first is to increase the area's population. The West Seventh community has ]ost
population to the construction of I-35 and the United Hospital complex. They
recoanize the strena h of their communiry depends on having a larger population. .
'-' � The second goal is developing ne�v uses for aging industriai sites.
As a central city community located on rail (ines and the Mississippi River, West
Seventh was the model of a successful neighborhood in the industrial era. As the
economy cl�anged, West Seventh has been left with the remnants of that era. The
� railroad yard at Randolph and Shepard is gone, as are the tank farms on the Koch
Mobil site. The Crosby Lake Industrial area is one very successful response to that
chan�e, but ihis plan recommends a series of other and varied responses for those
sites.
� The third goal is cieaning up, renewing and restoring the residential and commercial
structuresin the neighborhood.
Ms. Homans stated that among the most important values that comes through all the
recommendations in the plan is that new development must be done in the context of
the existin� neighborhood fabric. West Seventh is one of those ciassic urban
neighborhoods wliere families stay for generations, where businesses are owned by
people who live down the street. White everybody kno���s that there is a change
coming to �Vest Seventh Street, they want that change to enhance the strength of the
comnatotity and not overwhelm it.
The fouRh goal is to connect the Mississippi River. This is an area where the
Mississippi River was given over to commerce, �vhere tank farms and rail yards stood
between the neighborhood and the river itself. 7he community is making real the
goal that redevelopment and renewal efforts should reclaim that river and provide
access to the river.
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Major recornmendations included in the p(an inctude:
I. RedevelopmenT of the Koch Mobil Site. Between I-35E aad Otto, Shepazd and West
Seventh Street. The site represents one of the largest and most excitina possibilities
for the whole city. It is an opportunity to make real all thaY tve have seY forth in this
pfan and the citywide chapters of the Comprehensive Plan. The Plan recoinmends the
construction of about 600 housing units, providing options for smaller St, Paul
households of various ages. Twenty percent of the units should be affordable. It also
recommends a modest amount of neighborhood commerciaf space, along West
Seventh Street itself, witb housina or office space above. She stated that this was the
point �vhere they had the most conversation in their p[anning process.
Ms. Homans stated that there were some who proposed that the Koch Mobil site
should be used for fair]y large scale retai! developmertt, feeiina that the creation of
such a commercial site would be a regional draw to West Seventh Street and improve
the health of West Seventh Street itself. After a discussion with the business owners
on �Vest Seventh Street, it is the task force's recommendation that it is neighborhood
scale commercial that does the most to serve the vitality of West Seventh Street.
i
2. Further, the plan recommends the redevelopment of other industrial sites, primazily
the industriat site at Rando(ph and Shepard where the ADM elevators are today,
ADM stil] operates there; it is an important business and there's no recommendation
that the business be moved. Owners of the sarrounding petro[eum and railroad �
related businesses haven't begun their cleanup process yet, so much of the site is now
used for the storage of cars, buT markeT pressures rvill eventually build on this site for
a more intensive use.
The p[an recommends that the site eventually have a mis use but the detailed
planning can �vait until the market is cleazer about the direction and timing for
redevelopment of the site.
3. Renewin� the existing fabric ofthe community, There is a series of
recommendations related to rehab and renewal of residential and commercial
structures in the area. That work is well ander way. The West Seventh Business
Association has been very active in that process.
4. Strengthen West Seventh Street as a neighborhood commercial corcidor by improving
of the pl�}•sical character, adding to and the mix of businesses and creating an
environment where those businesses thrive.
5. Enhancins the parks, recreation and open spaces. This is an area that is right on the
Mississippi. They need to build a link to the river_
What �eill be before the Commission once it comes back from committee is the adoption
of The summan� of the plan, as a chapter of ihe Comprehensive P(an. There is also work
on land use resulations that we need to do. The Plan recommends that the Koch Mobil
site be re,idated throu;h a Planned Development, which involves al! the detaits of a �
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� devetopmeni coming in and xhe-�ity PlanninaComsnission and£ity Council esseatially
adopting a plan regulating the mix of uses, the setbacks, etc.
In the last week or so some of the zoning professionals have indicaYed that the Planned
Development toof is not very flexible and fltat some other mix of re�ulations would be
more appropriate. This will be addressed in the Neighborhood Committee. There aze
also two small neiahborhood pockets where the Forty Acre Study recommends rezoning
to the existing use. They were zoned for multiple family and that they remain single
family and townhouse azeas. Finally, the plan recommends rezonin; the �vaterfront pazk
land from industrial too residential.
In conclusion she stated that the ptanning process was a wonderful process for her even
with the length of time it took. The task force members were hard working and extremely
dedicated. She stated that Commissioner ponnelly-Cohen had to join in the middle of a
long and ongoing process and exercised an important leadership rote.
Commissioner Corbey asked if these �vere the last of the tank farms. Ms. Homans stated
that these are no more tank farms. This plan doesn't make recommendations for ai1 the
tank farm sites, but it does make recommendations for the major ones. There was one
right on the river - Union Oil had it for a while - and it was outside of this study area. The
Port Authority is working on that site.
� Commissioner Gordon stated that in auidetines that the Commissioners adopted
previously, with respect to approving these summaries, plans should provide for where
commercial and residential development should take place within the study area. This
one appears to identify some areas. He asked Ms. Homans �vhether she �vas satisfied that
fiiture commercial and residential development within this area is adequately addressed.
Ms. Homans stated that she would have to go throu�h it one more time to make sure that
there aren't any areas feft unspecified, but she believes eacl� portion of the nei�hborhood
and the future uses for those areas were systematically addressed. The existing fabric
dictates most of it and the plan does not recommend wholesale chan�es to that existing .
fabric. There are recommendations on al l of the major vacant parcels in the area.
Commissioner Gordon also stated that the Commission is cunentty working on the River
Corridor Plan as well and he can see that there is some overlap behveen this plan and the
River Corridor Plan. He asked whether she has had con�ersation with the parties working
on the River Corridor Plan to make sure these tivo are goin� to be consistent �vith each
other. Ms. Homans stated that she has and that she thinks that they are very
complementary.
Chair MoROn asked Commissioner ponnel(y-Cohen whether she had anythin� to add.
She stated that she would like to add that she did come in toward the end of this, but the
dedication> the work and the cooperation of the communit}� and those persons who stuck
with it all those years, even thou�h some mo��ed a�cay and came back to work on the plan.
� It was quite estraordinary.
Chair Morton opened the public hearing
�
Marcy Groves, 1833 Ivan Way. She moved to the azea about rivo years ago. As a
community person, she called the West Seventh Federation and asked if she could get
involved in that small area plan and they totd her it was already approved. She went to
their annual meetina where she found out what was going on in their small azea plan and
she feels that the community was not involved like they should have been. Her
recommendation is tfiat it goes back to the community and the community peop(e have
their voices heazd and that their recommendations are included in the pian. With
recreation, we have kids that aze growing up and there could be more recreational
activities for them.
Holly Crouse, 1911 Knob Road, Executive Director ofthe Business Association
Revitalization Corporation. We have done thirty-eight projecu in the last eighteen
months up and down West Seventh Street. Her organization hopes to be more of a
sTreno h and a voice for the businesses a(ong the way. The only comment is that they got
involved very late in this process. She went to a meeting very late in the process and
asked for the businesses to have a voice. At that point there was an open meeting for the
businesses aad everybody rvas involved arsd zhey were able to get a!ot of the informaYion.
They would tike to see mixed use and many of the businesses would love to have more
people in the nei�hborhood. She thinks the plan is very well thou�ht out. She would like
to see more unified efforts in the future.
Kim Knudson, 224 W. Isabel Street. TUe last time she appeazed before the Commission. �
they were focused on the area around the Brewery. Sfie tfianked commissioners for the
support they gave to the Bre�very area redevelopment. It is looking very beautiful and
everyone has received it very �vell. The next phase of deve(opment is the River Bluff
Homes. She has tatked witU businesses all the �vay do�vn West Seventh. She �c�ent into
alf the businesses and asked �vhat they need in this area. They said, we need people. The
�rocery store by Champps said they were just han�ing on and it has chan�ed hands a�ain.
Then we got together with various groups of people and interviewed people and the
people said we need homes. Currently there aze only three homes for sale in Nest
Seventh Street and probably if you asked someone tomorrow, they �vill not be there.
People around West Seventh Street like to tive by their relatives. Older relatives don't
fiave a place to l ive if they want to set! their home. In this plan, �ce wanted to make sure
everyone was involved and people of all incomes would be able to qualify for these
homes.
You almost have to dri��e up to look at the beautiful majestic ri�•er. It just about takes
your breath a�vay, and to have the possibility of a huge buildins blocking this �vhole river
would be a true travesty and quite a waste. There are places for larger business, and they
are needed, but in the rio��t ptace. 7'his is a beautifiil area to reim�est in housino. You are
puttina brand-ne��• homes in an esistin� area and they can look like they have ahvays been
there. Tlie citizens of �Vest Seventh Street and Saint Paut need this plan. She supports
this beautiful plan and, for everyone ���ho has been involved, it �cill be a beautiful thing to �
oa-lo3a
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- leave behind forour cHildren.
Dan Dege, 2145 Ford �arkway #20i inadvertently signed the wrong list. Said as an
observer it looks like a wonderful pian and a great opportunity.
Becca Hine, 757 Armstrong Avenue, stated that she was one of tite co-chairs of the task
force and is in support of the plan. She believed it is important to note that their
community is between the airport and downtown and should be "filled in" with quality
development. Two seniors on either side of her have had to move because they could no
lon�er take care of their o�m homes and they could not find affordabte housing in the
neighborhood. Senior housing itrthe new Koch Mobil site will be able to relocate those
people in our community.
Jim Walsh asked if his business, riaht across from the grain elevator at 615 Drake Street
is in the study area. He is ti�ht industrial and he objects to being changed to anything but
light industrial because now you have a huge problem with ethanot odors and he doesn't
see hoFV you can have first class housing with those types of odors.
Commissioner Gordon asked �vhat his business is and he stated it was sheet metal and
COOFRa.
Diane Gert/:, 909 Bayard, �vas also on the plannin� committee to put the pfan together.
� She is close to the Koch Mobil site. There is some tweaking that she would recommend
in zonin� in the small area plan, but obviously the use of that site is the biggest change in
our neighborhood. It is a tremendous opportunity to move forward in a�vay that the
neighborhood has ratlied around. She has lived in the neighborhood for about twelve
years and recognizes is that she is a newcomer and that many people are there for the long
haul. There are people in her block wlto are in their 80's who are living in the houses the}
were born in. They are very reluctant to move away from where their churches and their
families and their neighbors are. This does, for the seniors, open up an opportunity for
their houses to move back into the marketplace. 7his will help free up more single famil}
housing in that part of the City. Koch-Mobii is a former tank farm and the remediation
issues are real and she thinks they are being addressed. ln putting the plan together they
have tried not to do any harm to existin� businesses. This is a dense development, but it
is a big city space. We tried to include in the descriptions those things we value about our
neighborhood like front yards that are not dominated by gara�es, neighbors that are close,
a diversity of housing (clear in not trying to have a suburban devetopment placed in the
neighborhood). She urged the Commissioners to adopt the plan and move fonvard with it
so that they can do these exciting things in their neighborhood.
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Jeff Joiner, 575 Drake Street, Reoional Mana�er for ADM. He was at the Plannin�
Commission meeting a few years ago and when ADM had just purchased land that was
within the plannin� area. They do own the land and they are going through a process
where they are goin� to make the facility a�ery pleasing looking area. T4�ey are letting
the City of Saint Paul use the land where the oil tanks use to be, for the cement ptant for
Shepard Road. When they are done, there are a couple of plans to possibly use the land
and he would like to be involved. They hear about people knocking on doors and he has �
tatked with Nancy Homans, maybe twice in the past five yeazs, and he 6as been invited to
some meetings, but no one really comes and talks to them. The}� have some pleasing �
intentions for that land. A(so, he has �vorked their twenty five }'eazs and there are some
issues in the area, not on their land, but on the old Metalcote land. There aze a lot of
thinas there that are hidden and he be(ieves he can be of value.
Jin: Classen stated he just purchased his home at 818 Stewart. He said he agrees with the
gentleman about the smell at the ethanol plant. If he had kno�m that had been put in he
woald not have bought down there. It has a really foul odor. He lives right next door to
the Mobil site and it is an eye sore and he agrees that maybe they shoufd put housina in
there. He bought a duplex and he planned on renting it, but he doesn't know �vhether he
would ever be able to rent it with the smells. They say they �vant to clean up the
neighborhood and he a�rees. The homes on Stewart Avenue are run down and should be
repaired. He and his wife have been at this address for a year as of April 29 and they
�vant to get out, they are ready to sell. They had seen the site bein� brought up and
looking better and always liked livin� in the city. The street they live on is a real dazk
sTreet. It ]ooks like ti�ey have repaired some sTreets around the area, but the street I am on
is collapsing riaht in my front yard on the boulevard. There are a lot of things that should
be done.
Betty Mya�:, 974 West Seventh, West Seventh Federation. She addressed the smell issue.
Minnesota Brewing Company has put in an ethanol plant and there are hvo issues, smell �
and noise. The noise was taken care of this ���eek when the}• had a muffler put on. They
didn't expect that much noise comin� from ���hat they calf a c}�clone fan that circuiates the
corn inside the buildina. They have another scrubber en route from California and that
�vill take care of the smell coming from the CO2 that is being released into the air. Once
that is captured and they recycle the CO2 coming from the cooking process, the smell �vill
be �one. They have guaranteed us and we believe them that iheq wilt take care of this
problem and make sure that the neiahborhood does not have to deal with this. They sell
beer, they sell beer to people on West Seventh Street and Saint Paul and the Federation
does not want that business to go away. ,
MOTION: Conrn:issioner ponne[ly-Co/ten »:oved t/:at tlte Brewery/Ran-View Smr�[I
Areu Plan and Forty Acre Study be referred to tlre Neialtborl:oorl ar:d Current
Pla/tn�/tg Committee and tlae public /tearin:o be closed Conunissio�ter %ran:er
secnnded Tlre motio�: carried on a unanimous vnice votz
Commissioner Faricy stated that the date of the Nei�hborhood Committee meeting will be
Wednesday, July t2 at 830 a.m.
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Hocteev Areaa SiQn Stndv
Mr. Soderholm stated members ofthe Commission received copies of the Hockey Arena
Sign Zoning Study at the time the public hearing was scheduled and that additional copies
aze avaitable to anyone who �vould iike to have one as the testimony proceeds,
Mr. Soderholm summarized the Hockey Arena Signs Study before the pubiic hearing
started. He stated that the purposes of the Hockey Arena Zonina Signs Study are to allow
two lazge signs on the hockey arena that will have some advertisin�. Each one of the rivo
signs has an electronic message board and surrounded by the names of four corporate
sponsors of the team.
The City is the owner of the hockey arena and the team is leasin� the arena from the City.
The lease agreement, which �vas concluded before we got into the advertising sign zoning
study, provides that if these signs are allowed at the arena, the team will pay larger lease
payments to the City and over the hventy-five years it adds up to a si�nificant amount,
16.7 million doltars. He stated that we need to amend the zoning code and the temporary
moratorium on advertising signs on the downtown area to permit these signs. That is the
purpose of the study.
Mr. Soderholm presented some drawings to show the Iocations of the proposed signs.
Each si�n is just less than 600 square feet and the message boards are 360 square feet.
Staff recommends that we adopt new regulations to permit these siens as a permitted
accessory use at a professional sports facility that seats at least 10,000 people, if the
facility is (ocated in the downtown or industrial zonin� districts, with some required
standards for the signs. If the facility is on one aRerial street you can have one sign, if it is
on rivo or more, you can have two si�ns. The hockey arena has fronta�es on Kellogg,
West Seventh and Fifrh. The maximum size is 700 square feet and it counts toward the
business signa�e. Advertising signs are usually a large esception to the amount of square
footage a business can have. In this case, we are recommending that the advertising .
signs be included in the regular business signage for total square feet. We have some
spacin� requirements for houses of �vorship, schools, or residences. No li�htin� of the
signs is permitted between midnight and 6:Q0 a.m., and, of course, �ve need to lift the
temporary moratorium on si�ns downtown. These are the recommendations of the staff:
The Commission has been working on and shortly witl come out �rith recommendations
for tou?her re�ulations on advertising sians in the city. Mr. Soderhotm said he has
paused to think about «�hether there is justification for loosenin� our regulations for
advertising si�ns at the hockey arena. He believes this is an exceptionat case and that
these sisns should be permitted because:
■ These si�ns have a�ery clear public benefit. If �ve are ooine to have professional
sports, which the Mayor and the City Council have decided�then ad��ertising signage
is a customary financing method for professional sports teams. You see it at the
Humphrey Dome, Target Center and stadiums around the country. If we recognize
the public benefit of havin� professiona! sports in downtown Saint Paul, then the
signs come along as part of the package.
■ Compared to bil(boards, the total amount of sign-age is small. He stated that few
peop(e would object to advertising signs if the advertising signs were half the size of
the permitted business signs, but, of course, they are much lazger than business signs.
In this case the totaf amount of signaae on the azena is only 37 percent of the amount
of business sign-age the zonin� code would allow.
■ This building has gone through a public design review process, has been approved by
representatives of the public as a handsome baildin�, and the signs aze integrated into
the architecture of the buildin�, another major distinction between these signs anfl
billboards.
These are the reasons he is recommending that it is justifiab(e for the Planning
Commission to recommend approval of advertising signs at the azena, and not necessarily
be in favor of liberalizin� advertising sign regulations else�vhere in the downtown or
� elsewhere in the City.
Commissioner Zimmer Lonetti asked how bi� the sign at the RiverCentre is. Mr.
Soderholm stated that the existing messa�e reader board at the RiverCentre is about one-
fourth the size of the messa�e reader boards that will be on this building.
Commissioner Margulies asked whether Mr. Soderholm knew how it compares to the
Taroet Center in Minneapolis. Mr. Soderholm stated that he did not.
Mr. Soderhofm pointed out that the Commissioners received rivo letters, one from State
Representative Michael Paymar, tivho hopes that we will find an alternative to havin�
advertisin� si�ns at the hockey arena and one from Peter Coyle, who is at the heazing.
Chair Morton opened the public hearing
Peter Coyle, 7900 Xerses Avenue So., Bloomington, an attorney with Larkin, Hoffrnan,
Daly and Lindgren, Ltd. He spoke on behalf of DeLiie Outdoor Advertising and he was
joined by Paul Radermacher, a representative of the company �vho was available to
respond to any questions.
Mr. Coyle stated that he is a re(uctant opponent to the proposal. He is not opposed to the
idea that the City �vould like to attract needed revenue to support the arena and they
suppoR the idea that advertising signs fit as part of the business rriis to make the arena a
viable, successful, business enterprise for the City. What they object to is the procedure
that is bein� followed by the City, where it is cavalierly treatin� itself preferentially.
Other ton� standing basiness enterprises are not bein� afforded the same treatment in the
process that is being followed today, let alone within the lasc t���o to three years when
there has been an interim moratorium that has blocked consideration of private proposa]s
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for the construction of new advettis�w s aQns in Yhe City of Saint Paul.
He stated that ttte-moratorium that Mr. Soderholm spoke to was adopted by the City in �
1998 and it shut down any staff consideration of any advertising sia proposals, no matter
how meritorious. The process that has been played out by ciTy staff and by an. appointed
task force and now by a subcommittee of this Planning Commission has yet to produce
amendments to the city's ordinances. They understand that an amendment may be
forthcoming, but they have been told that for the better pact of a coup(e of years. Now
this process allows for City consideration of an exemption for itself that's coming,
essentially, out of left field in a manner that he thinks is patently unfair.
DeLite and other similarly situated pri�•ate companies have not been afforded the same
level of treatment by the City process and they object on that basis. The City adopted an
interim development moratorium better than two years ago. They have been attempting
to gain verification from City staff for at least a couple of months now as to how long
that moratorium will last, and they have yet to receive any response to their question.
He continued by stating that there are �•ery clear requirements in State la�v as to how
interim moratoria are to be applied. The first hallmark is they must be applied fairly and
uniformly. It is quite clear from t1�e process that the City is attempting to use the
moratorium process in a manner that favors its own admittedly commercial and financial
purposes, which he understands and doesn't fundamentally have a problem with. But he
does object when the City uses the process to favor itself to the disadvantage of private
similarly situated businesses, such as DeLite.
Mr. Coyle said that there is clear case law that says, when cities use the regulatory
process in this manner, it is patently unfair, and it is illegaL In this case, DeLite
submitted essentially a similar proposal to the city, approsimately sis months a�o and
DeLite was told that its proposal was untimely because of the moratorium. DeLite �vas
told to wait untit an overall solution to the advertisin� sian issue in the city �vas brought
forth and tl�at its proposal could be dealt with at that time.
Mr. Soderholm, he thinks, honestly characterizes the proposal today as a loosening ofthe
reaulations for the City's benefit so that they can capture a significant revenue stream.
Mr. Coyle agrees with that characterization. DeLite's proposat did not request any kind
of loosening of the city's standard. Its proposal was in full compliance �vith city code.
DeLite's proposal called for the removal of billboard space, ��hich is one of the primary
goals of the drafr report of the Legislative Advisory Task Force and of the Planning
Commission's committee. The arena proposal calls for no reduction or removal of any
sort of billboard space owned by Cih�. The City is an owner of billboard space and he did
not see any paR of fhe proposal including a recommendation that the City's existin�
billboards be taken down as paR of this proposal.
He said that there is an aspect of antitrust that needs to be raised. R'hen a cit}� ventures
off of its leQitimate domain of public po(ic}� formation and steps into the business world
as a private or quasi-private enterprise, which is ho«� the arena is set up to function, there
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are different rules and those rules require that you play on a level fie(d. This process is not �
a level field. When cities use rea latory powers to further their own business enterprise
opportuniYies, and to shut down similarly situated private ventures, thaT's i1legal. He
would like to note respectfully for the record DeLite's opposition on that basis.
They do not have a problem with the placement of adveRisements on the arena. He is
pieased to hear Mr. Soderhoim extollina the virtues of advertising for that purpose.
DeLite would like to have that same oppoRuniry in the Ciry of Saint Paul.
DeLite's proposal, and he apologized that it was not a part of the package that was
provided to the Commissioners, did not advocate any loosening of re�ulations. Mr.
Soderholm mentioned that the hockey arena proposal was of si�nificant benefit to the
City because of the financial opportunities afforded by the lease arranaemenf with the
owners of the hockey team. Those same financial benefiu accrue, not only to companies
like DeLite, but also to their property o�mers and he would like to have their
opportunities protected as wett. He stated that Mr. Soderholm indicated that the sia s are
relatively small and then he confirmed that they �vere four times the size of the electric
sign at the RiverCentre property. Mr. Coyle's guess is that they are probably about
average, frankty, relative to existin� advertising structures throu�hout Saint Paul.
Mr. Coyle stated that Mr. Soderhotm indicated that there was a public design process that
these signs have gone throu�h. All billboard companies and advertisin� sign companies
have to go throuah a review process that the City enforces and supervises. He said that �
DeLite's proposa! is a stron�er proposal than the one before the Commission and they
would asi: for equat consideration ofthat proposal on the same schedule as the hockey
arena proposal.
Commissioner Gordon said that Mr. Coyle's letter refers to the DeLite proposal that was
made to the City Council and was not accepted. He asked whether they witl be supplyin�
copies of that proposa[ to Commission members. Mr. Coyle stated that he wou[d.
Commissioner Gordon stated that he personally had seen the proposal, but did not think
many of the members had. ,
Mr. Coyle stated that he would like to make one correction to Commissioner Gordon's
statement. Th� City Council took no action on DeLite's proposal; it was tabted at the
motion of Councilmember Blakey, who was the author of the proposal, for the stated
reason that the consensus of the Councit cvas that it svas prematare and should be dealt
«�ith in the context of the larger resolution of the advertisins si�n question. This
underscores DeLite's concem that this process is bein� used unfairly to the disadvantage
of private enterprise.
Commissioner Gordon stated that �vith respect to DeLite's proposat, ifthe City had
aereed to it, the City would have had to lift the moratorium for every�one.
btc Coyte responded by stating that the City could have, but it would not have to have
done so. �
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Commissioner Gordon responded by saying that DeLite's proposal was designed to
enable them to gain some aduertisina signs while the moratorivm remained in effect for
everybody else, inciuding the City. .
No different from the proposal that is before you today, Mr. Coyle said, that is conect.
Commissioner Gordon asked ifthe City does not fift the moratorium for DeLite, then
dces Mr. Coyle contend that the City cannot proceed with advertising at the arena?
Mr. Coyle said that would be their contention, that is corcect.
Commissioner Gordon stated that it �vould deprive the City of approximately $385,000
annuatly or $17.2 million over the life of the arrangement.
Mr. Coyte stated that he is not privy to all the numbers, but it is no different from their
property owners who would like to be their customers under similar landlord/tenant
arrangements. That is correct.
� Jeanne 6i'eigum, 1647 Laurel, Saint Paul. Representing Scenic Minnesota, a nonprofit
organization committed to the visual improvement of communities and public road�vays.
Off-premises advertising si�ns impact surrounding residences and businesses. They
create visual clutter and detract from business signs, which local businesses use to attract
� customers and shoppers use to locate the goods and services which they seek. �Vhen off-
premise advertising signs are alfowed, other businesses must visuatly compete. To be
noticed, each business tries to sho�rt louder than the one nest door and the end result is
_ visual clutter.
Obviously, city planners were concerned about this in the past and the City Council, more
than a decade ago adopted regutations that prohibited new advertisin� signs downto�vn.
The B-4 zone allows no ne�v adveRising signs and they had very valid reasons for that
decision. Investors and people looking to live downtown have been able to count on
zoning to protect them from billboards being erected on adjoining property. Billboards, if
erected, would reduce tlieir enjoyment and the value of their property. Increasin�ly,
downtown has become a residentiat area, a trend which is playin� a vital rote in chan�ing
our urban core. Those w6o o�vn condos or rent don't need to «'orry about a lighted
billboard being erected which would mar tlieir views of the river or the Capitol, vie�vs for
which they have paid a premium price. Ifyou think this is a fantasy, imagine the people
who awakened one morning to discover a billboard erected on the top of the Colonnade
Buildin„ a billboard erected literally hours before it �vould have been i(legal to do so.
Scenic Minnesota opposes the modification of the downto«�n zonin� code to allow
advertisin� sians for five reasons:
• Do��ntown Izas been zoned to prohibit this t}�pe of si�naae for many years.
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• Contrary to the fiill document that the city planners procided to you, which implies
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that the new azena signs were ne�otiated prior to these regulations, the regulations on �
advertising signs in downtown have been on the books for many years. You are being,
asked to reverse the trend of the last decade and a haff. ThaYs why it takes a super
majority of the City Council to modify the Zoning Code. If you read the planner's
report to you, it imp[ies that this is a done deal--people signed off on it, names are on
the dotted }irte, it is too late to change. This is simply not true.
Those who negotiated this contract gave away something they did not have, they gave
away your vote and they gave the vote of the City Council away. They had no right
to do that and now they expect you, as the Ptanning Commission, to roll over and say
they've done it, fine with us�It does not need to be fine with you. You can choose to
vote the way you think you ought To. The azgument has been made that anless we
get the development revenues from these biliboards, the taxpayers will have to pony
up $390,000 a year. She sugaested making a slightly different argument. She bet that
if we put biliboards on Como Conservatory, the Ciry could make $100,000 per year
easy, maybe $200,000 for biltboards on the side ofCity Hall. This is absurd loaic; it
is absurd because we have choices.
As you enter downtown Saint Paul from the East Side on I-94 now, the view of
downtown buildings is dominated by a billboard with a camera sign. Why on earth
would we now wish to mar yet another gateway to our beautiful city?
The decision we make today, we �vilt have to live with for decades. Sometime ago a �
body, perhaps the Planning Commission, approved a billboard advertisina type si�n
on the side of the West Seventh Street Hardware Store. It has said Milwaukee Tools
for decades and it's still there. Hardly anyone today thinks that sign was a good idea.
The same goes for the sien on the top of the Colonnade Building. Somebody a while
back thought it was a good idea and no�v hundreds and thousands of us live �vith the
consequence of that decision. The Ptanning Commission can make a good decision
today for the lona tertn appeazance of our communit} b}� opposin� advertisin� signs
on the hockey arena.
The zonin� amendment, as she reads it, appears to address the issue of night lightina.
On Mr. Soderholm's overhead sfide, he said there won't be any night lightin�. But
the draft ordinance appears to sa}• that there n:ight not be any, that if too many people
object, there won't be any. She has learned that there are euphemisms for blinkina
artd flashing lights. They no loneer blink and flash. The}� strobe and move azound,
�chich increases the bli�hting impact on the neighborhoods.
• Increasing billboard advertisin� in St. Paul is not a good idea. The trend has
increasin�ty been a�vay from it. It is a step back�vard and tfiere is no compelling
reason tivhy you, as a Planning Commission, should aeree to reverse the trends of the
last decade. She encoura�ed the Plannin� Commission to �ejec[ the proposal.
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� MOTIOPT: Comn:issioner Gordon moved to close tl:e public hearing and to accept
wriSen teslimony unti! Tnesday, June 27 at 4:30 p.m, and also to refer t/:e Hockry
Arersa Sigas Study to t):e Con:prelaensive Planning Committee Commissioner Field
offered a friendly amendmenl to refer t/te matter to the Zoning Comminee for its
consideration on July 6.
Seconded by Commissioner ponne!!y -Cokeiz. Tlie motion carried on a unanimous
voice vote.
Commissioner Field stated that the Zoning Committee met on June 15. He was absent
and asked Commissioner Gervais to make the Zoning Committee report.
Commissioner Gervais stated that the Zoning Committee had one item of old business:
#00125-361 Precision Tune - Speciai Condition ITse Permit �vith Modification of
Special Conditions to alto�v reconstruction of an auto specialty store with a 6 foot
landscaped buffer area along the north property line (10 foot setback required) on a
9,760 sq. foot lot (15,000 square feet required). 360 S. Sneliing Avenue, NE corner
' Snelling and Jefferson.
There was no comment from the district counci(. No one spoke in support and two spoke
in opposition. The hearing tivas closed and a motion was adopted for approval �vith the
� following conditions:
I. That a majority ofthe Snellin� Avenue facade, the Jefferson Avenue facade that
covers the customer waiting area and the west twenty feet of the north building facade
be faced �vith brick similar in color to the commercia( buildin� on the southeast
corner of Snelling and Jefferson.
2. That the remainder of the buitding's facade be of rouah faced concrete hlock that
matches the brownish tones of the brick facade. �
3. That all landscaping, shrubs, evergreens and trees be watered and maintained.
4. That the front building setback off Snel(in� Avenue be 16 feet and that the applicant
be granted a parkin� variance of one space to accommodate the setback requirement.
With a vote of 6-0, the motion passed.
Commissioner Kramer asked whether Mr. Zdon, after the Zoning Committee had
completed its action on this case, had talked with the applicant and had found out if the
applicant believes they are able to build somethine within the parameters we have set out.
Mr. Zdon stated that he did send out a revised site plan to the applicant and the architect
has fonvarded it on to the owner of the properh. He stated that the architect, Mr. Dege,
� was in attendance at the Planning Commission meeting. YIr. Zdon conferred briefly with
Mc Dege and then indiczted that the applicant is �cillin, to move ahead �vith tLe revised
site p(an with the sisteen-foot setback. �
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MOTION: Commissioner Gervais moved to approve #00-I25-361 Precision Tune -
Specia! Condition Use Permit with Modification ofSpecia[ Conditions to aUow
reconstruction of an auto speciafty store at 360 S. Snelling Avenue, NE corner Snelling
and defferson wit1: conditions I-4 abnvz
Tlte motion passed on a unanin:ous voice vote.
Commissioner Gervais statin� that the foltowing new business �vas addressed by the
Zoning Committee.
#00-127-177 VoiceStream Wireless - Special Condirion Use Permit to install six
cellular antennas on an existing residentiat strucfure less than 60 ft. high. 33 Avon
St., NW corner of Avon and Grand.
The district council had no objection. No one spoke in support and no one spoke
opposition. The hearing was closed and there was a motion to approve the staff
recommendations.
MOTION: Conzmissioner Gervais n:oved tltat t/te application of YoiceStream Wireless
for a Special Conditiox Use Pern:it to allow t1:e ir:stallation of six (6) antennas on four
(4) poles and tlte related transn:iui�:g, switcl:ing and receivina equipment on ilte
builrling located at flze nortl:west corner of Grand and Avon be approved. �
The motion carried on a unaninnzous voice vote
#00-127-058 Sem le Excavatina & Truckina - Rezone from I-2 to I-3 to altow (with a
Special Condition Use Permit) processeng and recycling of concrete and asphalt on
site; 91 Ridder Circle.
Commissioner Gervais stated that no one spoke in favor, one spoke in opposition. The
public hearine was closed. There was a motion for denial. There was a 5-1 vote for the
denial. �
MOTION: Com»zissioner Gervais n:oved t/iat #0 012 7-058 Sen:ple Excavating and
Trackixe be denied.
Commissioner Engh stated that she was the vote opposed to the deniat because she aa eed
with the staff recommendation. She said there �vas either an absence of language or an
intemal inconsistency within the Comprehensive Plan. The Comprehensive Plan talks
about businesses near the river having a relationship �vith the river. Yet, this isn't
defined. She stated she needs a clearer statement of �vhat isn't allo«�ed before she tells a
business that their current use is not allowed; ue need to decide �vhat industrial uses aze
appropriate by the river before ��e tell business that the current use or expanded use isn't
aI lowed.
Commissioner Gordon statzd he voted on the other side of the issue. �Ve ltave lan�uage �
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in the Comprehensive Plan and the Land Use Plan that says new development in the flood
plain, or within 300 feet of the ordinary high water mad: "should have a relationship to
the river, a need for a river location, and/or should enhance the river environment" The
applicant was asked whether or not his application fe11 into any of those categories and he
clearly indicated that it did not. In para�araph three the staff report states that the
Land Use Plan, "supports continuation of industrial uses in appropriate portions of the
river corridor "
Commissioner Gordon stated that there are a couple of points �vhen there is more specific
language and more general lan�uaae in the document.
♦ First, the more specific controis over the general. So the specific reference to river-
related uses ought to take precedence over the general reference to continuation.
♦ Secondly, this is an application to expand the business that is going on; it is not
merely a continuation.
♦ Thirdly, the reference to continuation ought to include the references to river related
from the more specific langua�e.
Second, the machine that they take from site to site to crush the debris is portable.
Their proposal is to operate this machine on site and to open it up as a public area
«�here anyone can brin� in trucks of debris that could be crushed on site. This is not a
continuation of the existin� use. It is a completely ne« use and that is somethina he
could not rationalize doin�.
These points combined �vith all of the other thinss that tive allo�v �cithin the I-3 zone just
did not make ihe case to him to allo�� rezoning at this location.
For all the above reasons he believes the Zonin� Committee did the right thing and he
intends to support that motion.
Commissioner Field stated that he was not at the public hearing but he tends to side with
Commissioner Engh. As he looks at the staff report he thinks staff did a good job and he
agrees with the staff recommendation. He pointed out that there �vas a letter, submitted
afrer the public hearing was closed, in opposition, which �vas circulated to the
Commissioners at this meetins. He said he has a difficult time with the river-related
concept. Reserve Mining was related to Lake Superior, but not in a positive sense. The
«�ording is too ambiguous and vague. He believes he knows what the intention is, but it
confuses him and he will vote in opposition to the committee recommendation.
Commissioner Kramer said that the rivo things that made the decision for him on this
were:
• First, the fact that this is a rezoning to I-3. There are no areas adjacent to this site that
are zoned I-3. The rest ofthe area is zoned I-1, li�ht industrial, and I-2. I-3 allo�vs a
completely different set of operations to take place there.
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Commissioner Fotsch asked whether there was any other way of leaving this I-2 and
altowing a special use.
Commissioner Engh stated that she asked that same question at the Zoning Committee
meeting. Currently, the gentlemen is keeping the portable machine there and moving it to
construction sites to grind the material at construction sites. He wishes to crush materials
on the site, which is allowed in I-3, but not in I-2. Currently, he is storing ground up
concrete and construction debris on site. I-2 allows storing of materials, but it doesn't
altow the actual grinding of the material on site. There �vas some question of whether he
would be a licensed recycler, but it is her understanding That woatd need permits from
MPCA.
Commissioner Fotsch requested clarification on the answer.
Commissioner Field stated that the answer was no, you cannot.
Mr. Soderhotm stated that the zoning code is clear that rock or concrete cannot be crushed
in I-2, and it is cleazly and specifically listed as a permitted use with a Special Condition
Use PermiY in I-3.
Commissioner Gordon stated that we have a finite amount of land available for industrial
use along the river. As time goes on, it is going to be more in demand. That is why the �
Comprehensive Plan is beginnin� to limit the use of riverfront land to river related
industries. To the extent that industry needs to use barge traffic, there is only one place
that it could be, and that is on the river.
Commissioner Gordon said that the industry involved in this apptication can do basiness
in any of a number of places. We ou�ht to be encouraging those business to be in other
places to make the land available for those industries that need access to the river. This
appticanYs ordinary business is to take the crusher out to various sites. That is primaziiy
�vhat he has been doing. In denying this application to expand, he is going to be able to -
continue to do that. He could also relocate to any one of a number of other areas in the
city. He does not need access to the river.
Commissioner Gordon stated he agreed with everything that Commissioner Kramer said
and if it were to be approved to I-3, that woald open the door to not just one crasher on
site, but more than one crusher on site. It would also open it up to any other type of I-3
use that is permitted. For all these reasons, Commissioner Gordon stated that he thinks
this application should be denied.
Commissioner Corbey stated that he agrees �vith Commissioner Gordon_ At a recent
discussiort, the Port Authority told them that they are movine industries off the river as
their leases expire and encoura�ing companies that are barge dependent. He asrees with
Commissioner Gordon, that we should deny the application. y
MOTION: Conrnri.rsinirer Gervais moved to derr�• tlre npplictttinra for a Rezo:riirg fronz �
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! I-2 to I-3 ofproperty located at 9I RidderC'ucle;'#Op=727.-OSS Semple Excavatitrg and
?'nuking, to alloiv processing and recycling ofconcrete and ¢rphalr on site
Chair Monon ca[/ed for a rol! call vote: Ten voted yes, foar voted no, (Commissioners
Field, Anfang, Engh and Folsclr vvted no}. T1:e motion carri¢d
#00-127-I29 Doun Berendr Used Car Lot - Special Conduion Use Permit to
allow for a used car salesloG II79Arcade Street, SE corner of Rose andArcade.
(Nancy Frick, 266-6559)
Commissioner Gervais said fhat tlie District Five Plannina Council is opposed to granYing
the permit. One person spoke in support and there was no opposition at 2he hearing. ��
hearing was cfosed and the committee recommended denial of the Special Cottdition Use
Permit on a vote of 6-0.
Chair Morton acknowledged communication from Ms. Frick, and asked her ifshe would
fike to address the Commission.
-' Ms. Frick stated that there was a Fnding in the staff report reaarding aI(ey access that has
been corrected. It was corrected at the Zoning Committee meeting and it is correct in the
resoluYion before the Commission today.
MOTION: Commissiorrer Gervafs n:oved to deny 1ke app[ication by Doxs Berends
� Used Car Lot for Specinl Coadilion Use Pern:iY to allow for a used car sales !ot at
II79Arcade St., SE corRer ofRose andArcade. The n:otion passed unanimously.
#00-127-4I6 U.S. West �reless - Specia! Condition Use Pernzil to a!!ow a cellular
antersna ot: fop oja new telepleoi:e/power po[e (52' tota! /teig/ri). Public ROW, soutl:
side of O/d Hudson Roatl, west of Birn:ingham (Nayicy Frick, 26G-6554)
Commissioner Gervais stated that no one spoke in support or in opposition to the
proposed antenna. The public heazing was closed.
MOTION: Comn:issioner Gervais n:oved approva! of #00-127-4I6 U.S. West Wireless
a Special Comlitioi: Use Permit to allow � celkdar nntenna on top of a new
telepkonelpawerpole (52'toral height) m: public right of way along the soutls side oj
O/d Flredson Road, west ofBirn:i�:a han: with contlitions for obtaining approvals from
Public Works arrd MNDOT. The nrotion carried o�z a ur:animous voice vote.
#00-127-312 U.S. West Wireless - Special Conditio�: use Pern:ir to allow cellular
antehnrrs to be located oia m: existing residential structure !es Ykan 60jeet Itiglr. 1469
R�ndolp/e, N ai:rlPascal, (Jan:es2tlon, 266-6559)
Commissioner Gervais stated that the public hearina was closed. The district council
made no comments, and no one spoke in support or in opposition. The Zoning
Committee recommends approval.
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Commissioner Zimmer Lonetti asked whether the antennas would be going above �
something that was already tftere.
Mr. Zdon stated that there are nine ante�nas, which wi11 be on top of the building, and
there is one gtobal positioning antenna, which will be attached to the side of the chimney.
The building is a three story tesidentia! apartment buitding.
MOTION: Commissioner Gervais moved approvn! of #00-I27-3Iz
U.S We�ess for a Specia! Condition Use Permit to a!!ow cellular ¢nlennas to be
located on an ezisting residentia! sfructure less fl:an 60 feet /:iglr at I469 Randolph,
NW corner ojRandolp/s and P�zs�Q/, Tlre vote carried on a unaniinous voice vot�
#00-12� 329 US West Wireless - Special Coadition Use Permit to allow a ce!lular
antenna on cr building less than 60 feet /rig/:• 2237 Commonwealtk, between Cnmo and
Keston. (Jnmes Zdon, 266-6559)
Commissioner Gervais stated that the Saint Anthony Park Community Council
recommends approval. No one spoke in support or in opposition and the public hearing
� - was cfosed.
MOTION: Commissiorrer Gervais moved ¢pproval oj#00-I27-329 U.S West Wireless
for ¢ Special Condition Use Permit ro allow a c¢llular ar:tenna on a building less than
60 feet lrig/r at 2237 Con:n:onwealtk, beiween Como rtnd Xeston. The vote carried on a �
unanimous voice vote.
#00-125-464 Tim and Mar Kowalski - ReZOne jrom RM_2 to OS-I, to create business
offrces, 39 Synddcate Streel Soutk, G¢tween Sumnzit and Grand
(Jan:es Zdon, 266-6559)
Commissioner Gervais stated that this item of business was laid over untit the next
Zoning Committee meeting.
#00-IZ6-gq4 E isco at ChurcJr Honte o MN- Rezorte from P-I mzd B-3 to IZM_2 to
a!!ow jnr expansion of U:e Episcopa! Cl:urclr Hnn:e rerirernenr community. SW corner
oj University �ri:d Fairview. (James Zdon, 266-6559)
Commissioner Gervais said that the Merriam Park Community Councit supports the
rezonin�. No one spoke in support and there was one individual in opposition. The
public hearing was closed and the Zonin� Committee recommends approval.
Commissioner Field asked what the nature of the opposition was.
Commissioner Gervais said that an individual who onned the business next door was
concerned about Fvhether any commerciat use would be on the property. He has assured
that there tivill not be any commercial use. The development tivill be part of the existing
senior housina and nursino home.
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^� c'x�lo3o
MOTION: Commi,rsioner Gervair moy¢d to recommend approval to the C'tty Council
oftlre petition by the E�ircona! Chrrrch Home ofMNto mne from P-1 and B-3 to RM-2
to allow for expaRS�on of the Episcopal Church Home retirement community at the
Southwest corner of Universiiy and Pairvi¢w. The motian carried on a unattinrous
vot� ,
Commissioner Field stated that the neart Zoning Committee Meeting will meet on July 6
and the items of business will be:
#00-I2¢464 Jim and Marv Kowalski - Rezoae from RM-2 to OS-1, to create
business offices, 39 SyQdicate Street South, between Summit and Grand.
Hockev Arena Zoaing Sia� Studv
Brewerv/Ran_view Smali Area Plan and Fortv Acre Studv
#00-I31-514 Metropolitan Airoorts Commission - Modi£cafion of Special Condition
Use Peraeit £or construcfion of a dike to include filling of a wetland. Eatou Street at
Zafayette Road.
Comprehensive Committee Report
Commissioner Gordon reported that they have kad two meetings on the Mississippi River
Corridor Plan plas a boat tour of river sites. There is one more meeting schednled for
next week.
Task Force Reports - none
Old Business - none
XI Nerv Business - none
XIII Adjournment
The meeting adjourned at 10:40 a.m.
Recorded and prepared by
EIvira Barnes-Wycough, InTerim Plaoning Commission $ecretary
Planning and Economic DeveIopment Department,
City of Saint Paul
Respectfully submitted
� �
_ Larry 5 holm
Planning Administrator
21
Approved
(Date)
Jennifer Engh
Secretary ofthe P[anning Commission
;: �: .��V. �:: ;:�; s_�=�t
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MINUTES OF THE ZOIJING CON1Ml7'fEE
Thu�sday, June.15, 200.0 - 3.3Q p.m.- _
City Council Cham6ers, 3� Floor`
City Half and Court House
'f5 West Kellogg Soulevard
PRESENT:
EXCUSED:
OTHERS
PRESENT:
Engh, Faricy, Gervais, Gordon, Kramer, and Morton
Fieid and Mardeti
Peter Wamer
Carol Martineau, Allan Torstenson, Nancy Frick of PED
7he meeting was chaired by Commissioner Gervais.
Adopted Yeas -6
� Drafted by:
�QI�(>
Carol Martineau
Recording Secretary
Nays - 0
Doug Serends Used Car Lof - 00-127-129- Specia( Condition Use Permit to allow for a used carsales lot.
1170 Arcade St., SE corner Rose & Arcade.
Nancy Frick showed slides and presented the staff report. Ms. Frick stated the Zoning Staff is recommending
deniai because the City Code finds that a used car sales lot is too large for the size of the lot. District 5 is
opposed to the Speciai Condition Use Permit.
At ihe question of Commissioner Gordon, Mr. Torstenson stated the difference between Precision Tune and
this case is; Precision Tune is impro�ing the !of they are already on. In this case the applicant wants to
locate on a lot that is too smalt.
Upon question of Commissioner Faricy, Ms. Frick stated there was a tetter submitted stating the applicant
is willing to reduce the number of cars parked on fhe (ot, and perform no car repairs on the site.
Mr. J. Anthony DeRungs, Representative of Doug Berends, appeared and stated Mr. Berends entered a
purchase agreement contingent upon an approvai of the Speciai Condition Permit, and that they attended
meeiings wiih the community group to receive their input. Mr. Berends made plans for severai changes to
this property. 1) Close off the ailey-way. 2) Address the concerns that were raised concerning ingress and
egress by closing oiF the road street access and using only the Arcade curb cut. 3) Biack top the entire lot.
4) Reduce the car spaces to 16 with 5 spaces for off-street parking. 5) There would be no trucks or signage
on the corner of Arcade to block the view. ' He also explairted there wouid be no junk cars on the lot, only
newer vehicies would be sotd. The anticipated customers per day would be approximately'! 0 wiih about
15 vehicles sold per month. Because of the size of the lot, it has been vacant for two years: It +s a hardship'
for the property owner because there is no revenue.
Mr. Zahid Hussaid, Owner of the Property, appeared and stated he was trying to seli the property forthe last
rivo years. He ciosed She station because the volume of customers did notjustify the cost of improvements.
7here have been few potentia! buyers because ot the size of the lot. A used car sales lot wouid one of the
few business that would work ihere. Mr. tiussaid also stated he was ciaiming a hardship because of
property t�es and no revenue received from the property.
Commissioner Morton moved fo deny fhe Speciai Condition tlse Permit. Commissioner Kramer saconded
it.
Submitted by:
f � t /L� �l.
Nancy Fri
Zoning Section
� /a30
Approved by:
4���:..���E'ix�-�b
Dennis Gervais
Chair
DEPARTMENT OF PLANNAiG
BrimtSxeenry, Direclo�
CTTY OF SAINT PALJL ZS ifest FmvdeStrcet TelepFwrte: 651-266-6626
Narm Coleman, Mayor Sainf Pav� MNSS102 Faesimik_ 6SI-22&3347
7une 14, 2000
To: Members of the Zoning Committee
From: Nancy Frick 7�.F
Re: Z.F. 00-127-219; revision to staff report and recommendation
Piease note that the application for a used caz lot at 1170 Arcade does not propose a second
access to the site from the alley, as stated in the staff report dated June 8, 200U. The site plan not
only shows a wooden fence along portions of the southem property line along the alley; it also
shows a cable fence across a 20 foot space between sections of fence, blocking access to the site
from the alley. With ttris, the finding regarding Section 64300(d}(b) is that the appIicafion
meets the general condifion for SCUPs regazding minim,�ino �c congestion. However, the
staff recouuuendaYion for denial on the basis of insufficient lot azea (Findings 2(d), 3(c), 3(d) and
4), stands. I communicated this information to the District 5 Community Council by telephone �
on June 13, 2000, following a conversation with the applicant.
cc: Douglas Berends
J. Anthony DeRungs
District 5 Community Council
�
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� - �iTT-OEINEY A�' LAW
3T 2Fst Street
Diewport, MN 55055
(65I) 458-0370 • FAX (6b2) 458-i 1C,R �
FAX TR�lt7S?SISSION C09�R SHESP
Date: 14 Jtuie 20�0
To: Nancy Frick
Plenning and Econamic Developmant
City of St. Paul
25 W. 4th St�eet
3t. Paul, Minnesota 55102
From: Tony DeRung6
Re: Douglas Berends Potential Purohase of 1170 Araade
Ms.Frick:
�,ttached you wili find a copy of my 13 June 2d00 letter.
� Please call with any questione cr suggestions.
-- � r . _C�A n
v �/
In the event you do not receive � page(s) of this document,
pZease caZl (612) 458-0170 for retxansmission. The documents
accompanying this firahsmission contain confidential and pzivileged
infoxmation whiah is intended only £or the 3ndiv3dual .inflicated
above. PLEASE NOTE THAT ANY DISCLOStTRE, COPYIN6, DZSTRIBUTION OR
USE OF THE CONfiENTS OF THIS INFORMATION TS PROHZBITED AHD MAY
CONSTITLITE AN ZNVASSON DF PR2VACY. Zf you hsve receivad this
transmission in error, piease notify us by teSephone (collect)
iamiediately so that we can arrange to ratrieve the dacumants at no
cost to you.
� ,
JUN 15�11
METROPOLITAN GRAUEt.CO IN --- 651 458'i168 F.82iP4
J• ANTHQNY DERUNGS
AT'TORNEY AT LAW �
3? 21sE Sfreet
Newport, M23 b5�i.5
(651) 458-QI70 • FAX (651) 458-11&4
23 May 2000
Nancy Frick
Planning and Economic.Development
City of St. Paul
25 td. 4th Street
St. Paul, Minnesota 55102
Payne Arcade Business Association
90o p$yne Avenue
Saittt Paul, Hinnesota 55101
Bruce Sylvester
District 5 Planning Council
1014 PaynB Avenue
Saint paul, Minnesats 55201
Re: Request For Conditional Use Permit
This letter is intended to address some of the concerne rafsed
in oppa�ition to the application Por conditional use permit
submitted by Douglas Berends for the pragerty at 1170 Arcade Street
in Saint Paul. I accrnnpanisd Doug to a meeting with the Dtstrict
Five Com�uunity Planning and Econamic Aevelopment Committee. We
listened carefully to the concerns stated at the maeting and have
addrassed as many issues as time has allowed, Fte look forward ta
warkiag with the City, the Payne J�rcada Business Association, and
the District 5 Community Blanning committee toward further
resolution of the issues raised, and toward zeasonable resolutions
to any other problems that arise.
Mr. Berends has decided to continue examining the feasibi2ity
of ineeting objections and working with the community toward
obtaining approval of a conditional use permit for 1i7o Arcade.
Mr. Berends will continue to attempt to address issues as they
arise, as he has addressed several of the issues raised by parties
involved.
First, objecti.ons fiied by St. Pau2 Planning and Economic
Development implied that Mr, Berends intends to accass 1170 ?,rcade
from the alley that runs perpenci3cular to Arcade. In a 13 June 200
telephone conversation with tiancy Frick, Doug eerends resolved this
objection by poi�ting out the chain fence along the alley that is
fncluded in the drawings eubmitted ssith the application. The
proposed use will not adfl a single vehicle to the trafPic in the
a� a= to the traPfie entering Arcade fram the alley. In fact
by blocking access from 11�o Arcade to the alley, the proposed use
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� wi21 decrease use cg t.hg $22ey a�d trafPic entering Arcade from the
a22eY- Zn.aQdition, Mr. Berehds Kiil agree that in order to
mdint83n t.he best possible view of tza£fic crossing on Arcade, no
trucks, vans or high prafi2e vehicZes viil be parked in the first
three spaces from the alley.
Secol�d, the applicatian for a conditional use permft gs
requ3red Por the proposed use on th3e property because the lot size
is less than the ].5,00a square Peet required for Lhe saie of pre-
owned automobiles under the zoning code. The purpose of the 15,000
square faot requirement is, apparently, to limzt the number of
vehicles on t.he lot at azty given time. After discussing the issue
with the District Five Plann3ng counc3l, which "agreed that a
signiYicantly smaller number of cars would be necessary'� Mr.
Berends submitted a proposa2, inc2uding drawings, £or disp28y of
sixteen vehicles for sale an8 Pive ofF street parking spaces. Mr,
Berends re@uced the nutnber of vehicles displayefl for se2e by more
than twenty Rzve per cent (25$j, Tn response to this objection,
Mr. Berends wiil accept a limit on the number of vehicles that he
may show or store on the 2ot as a condition on his proposed use of
the property. $nPorcement of the oondition would be simple and
easy; in the event the number of vehicles displayed for sale on the
Iot exceeded sixteen, the conditions for the proposed use wou2d be
violated.
� Bruce N SylvesterW h st ted th t t u e D of the p operty for the sale of
pre-owned vehicles would-increase tzaPfic in that area of Arcade
and that ingreas and agress would be create a dangerous siLUation.
The �'acts indiaate the opposite impact on the traffic in the area.
Attached you wi21 find an Affidavit from the owner of the last
busfness operated on the property, a gas filling station, which
a tates thaL when he operated the last business on the property,
ppzoximately 250 to 275 customers per day visite@, an@ antered
and exited the premises. The business plan attached to Mr.
Berends' app2lcation states that his projection that approximately
ten people per day wi12 visit 2170 Arcade, and that he wil2 se].1
approximately 15 vehicles per month under his proposed use.
At the close of Mr, Berends' proposal, exp2anation and
responses to questions, the cammunity and neighborhood response was
not as negative as the views e3tpressed at the begianing of the
meeting, or as implied in the Keeting Not s furnished by Bre�ce
Sylvester.
Pleasa call with any additiona2 concerns you have, or with any
suggestions, or ideas, that wi22 heZp make this project work for
everyone. �ank �ou por your tfine.
�w - ��tlJ��lT'��.• r:i�
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JLA�1 15� 12
--
C7cTR(1POLS iHN GRHV� tA] !N __ _ ___ - - - - - .
._. 671 4�L3 llbt! � h'. t�4iN4
i, uwner of'1'otem Fovds, (nc., whiah owrts i J 70 Arcadc Street, S� nauJ, Mn.
estimate ibat when tkis property was useQ as a gas stalion and convenience store,
we had approximatety 2S010 275 customers per day.
W Tt:S'TIMONY Wf iF.RE.UP, I have set my hand this24`� day af May, 20Qq.
_. ~' � _ ..
--.. '�'��1
lahid luc�uin, Co-Owner
STA'1'I� OF MCNNFSQTA
CpUP1TY t)F RAN(SGY
"('he foregoing in�trumrat was acknowtedge{I btfore me thfs 24�' day of May, 200p by
7,ahid Hussain,
..����$�41...�..�� .. ._.
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� PAMELAA. BFlANT �
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y' Cl�v. 4lr.7�+. ]�. mo6
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� -. Z�NING Cp��gg RHPORT � .. - '
x¢====x
' F=� # 00-127-129
1. APPLSCAN'P: DOIIGLAS BERg�S
�� �F ��= 06/IS/00
2• �LASSIFSCATTON: Special Condition IIse
3. LOCATION: 1170 AACppE STREET (southeast corner of Rose an3 ArcaBe)
4. PLANL721J6 DISTRICT: S
5- LSGAL DESCRIpTION: Lots 14 and 15 B1k 8 Eastville Heights
6. PRSSENT ZONING: B-3
�• sTAF'8 INVBSTIGATION AND ggpORT:
s. aaxs R$csxvan: s/is/oo
zoxzrrc3 coa� xsFaxaxcs: §52.io2(i) (a1
DATB: 6/a8/00 BY: Nancy Frick
bEADI�INS FOR ACTION: 07/15/00
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A• BVRPOSB: Specia2 condition use to allow for used auto dealersriip,
� B• PARCEL 52ZE:
-�_� The property has 7.22 feet of frontage on Arcade Street and a
total lot area of 9,760 square feet.
C• EXISTING LAND IISE: The property is currently vacant;
station, The tanks and canopies have been removed;
D. SBRROIINDSNG LATID IIS8•
North: Commercial and parking lot (B-3; p-I)
East: Single famiZy residential (RT-1)
South: Commercial {g-3)
West: Znstitutional (g-3)
it had been a gas
the building remains.
E. ZONING CODE CTTATION: Sections 60.544(2) and 64 .300(d) permit outdoor sal.es
space for sale of new or second-hand automobiles subject to speciaZ
conditions. Section 6 4.300(f) of the zoni.ng code permits the planning
commission, after public hearing, to modify any or all special conditions
when specific findings are made. A11 conditions and findings and the
applicant's abi.li,ty to meet them are delineate8 in Section H of this
repart.
F• HISTORY/DISCVSg=pN =n lgg�� the City granted a permit for an auto sales
lot at this Iocation. In 1956, the City granted a permit for a filling
station at this location. On Augugt 27, 199g, the planning Commission
denied an application for a special condition use perniit to allow outdoor
sal.es of used automobiles at 1170 Arcade.
�. DISTRICT COIINCIL RHCO�NDATION: The Community Plannzng Committee of the
The aistrict 5 Planning Council hosted a community meeting on Thursday,
Zoaing Pile #00-127-129
Page 2
March 23. 2000 to discuss this application. Tlye District 5 plyn�y2ag �
Council has subuAitted a letter to the Plaitninq Cp�yssion dated May 3p�
2000, which states, ^ Because o£ the coacerns azul opposition raised By tfie
neighbors, and because the lot is too small for such a use, the District
Five Planning Council is opposed to the granti.ng of a SCt7p for a car
dealership at 1170 Arcade.��
H. FINDSNGS-
1• The applicant, Douglas Berends, hys a purchase agreement dated Niarch 15,
2000 for the property at 1170 Arcade and proposes to estabZish a used
car business at the site. The property is a vacaat Ash},�yg gas station.
The applicant has provided documentation from the Minxyesota Pollution
Control Agency that the underground tanks have been removed_ The pwaps
and canopies have been removed. The building remains and the appl,icant
plans to use it as the business office. The applicant intends to have
one employee per shift.
Z- Section 60.544(2) of the zoning code pezmi,ts outdoor sales space for �ye
sale of automobiles subject to the following conditions:
a' T�e j°f or area skaZZ be provided witlz a permaaeat, durable aad
dustless surface� aad ska21 be graded and draiaed as to dispose of
aI3 surface water aces�vyated withia the area.
This condition is met. The lot is paved; drainage is assumed to be
satisfactory. �
b. YekicnZar access ta the outdoor saZes area shal2 be at Zeast sixty
(60) feet from tke intersectioa of any t�ra {g� streets.
This condition is met. The access from Arcade is approximately 100
feet from the intersection of Rose and Arcade. The applicaxxt
proposes closing the access on Rose with a cable fence. The
aPplicant proposes a second access from the alley betweett Rose and
Geranium, 32 feet east of the alley entrance at Arcade. The
applicant proposes wood £encing aZong the alley to the east and west
of this access dri.ve, as shown on the site plan.
c. No repair or refiaishfag sfiaS2 be doae oa the Iot ualess coaducted
witkiu a completely eneSosed buildi,ag.
This condition is met. The applicant states that no repair or
refinishing work will be performed on the premises an3 that a11
vehicles offered for sale will be in quality condition.
d' T�e miaimum Zot area skali be fifteea thousaad (Z5,000) square feet_
A site pZaa sha22 be submitted showing tlie yayout of tke v�cZes for
saZe or reut, employee parkiag, a.ad customer parkiag.
This condition is not met. The 1ot size is 9,760 s
half the alley is used in computing density as allowed �
63.104 of the Zoning Code, the area increases to 10,560 square feeC.
This is sti11 4,440 square feet less than the minimum required by the
, � io�
Zoa3ng Fi2e # --.--.-- ---- = ' .
Page 3
� ��e- The applicant is-.seekinq a mod�fication of this conditioa.
3_ Sectioa 64:300(d) requires tbat tlie pZ�g Co�ssion make the
following pin3yngs 7�fore gr�y�g apProval of a principle use subject
to special conditions:
a. T1ze exteut. 2ocatioa aad iateusity of the use s�iZZ be izi substarstia2
compliaace mitly the Saiat PauZ Compreheasive P1aa aad axtY aPPZicable-
subarea pZaas whtefi were approved by the city couaci.l.
This coadition is met. The proposed use is in substantial compli,ance
with the comprehensive plan, given that the B-3 zoning district is
intended for this kind of use,
b• Tke use mi21 provide adequate iagress aad egress to miaimize traffic
congest.ion ,in the p�Zic streets.
This condition is not met. Ingress and egress are problematic. The
access from Arcade meets the code requirements; however, the
applicant proposes access from the alley as we12. The alley and the
Arcade driveway are very near each others. Approval of this
arrangement wou].d be dependent upon agreement by site plan review
staff in LIEP and Public faorks.
c. The use wi12 not be detrimeatal to the ex3.sting character of tlze
deveSopmeat �a the im�ediate neighborhood or eadaager tke publi.�
� hea2tk, safety axyd g��al ivelfare.
This condition is not met. While the use is permitted in the 8-3
zoning district, and while the applicant has proposed site
improvements including a five-foot cedar privacy fence a2ong the rear
property line where the site abuts residential use, and a twenty-inch
wood fence along the front property Iine to prevent cars from hanging
over the public Sidewalk, the small size of tha lot makes the
groposed use detrimental Co the immediate neighborhood.
a- The use will aot impede tke aormaZ aad orderiy deveIo,Fvaeat �d
zmprovemeat of the surrouading p for ases permitted 3n the
disErict.
This condition is not meL. Again, while the use is consistent with
the B-3 zoning district, the detriment to the neighborhood character
posad by locating this use on a very small lot is an impediment to
improvement and development of other property in the district.
e• The use sha21, in a1i otlxer respects, coaform to the applicah2e
reguiatioas of the district ia wfiich it is located.
This condition is met, with some rearrangement of parking spaces on
the site pian, The use is permitted in the B-3 zoning district. The
parking requirement of one s ace
an8 one space per 2,000 S p Per 400 square £eet of office space
� five spaces for a Zot and buildingtthis6sizeor The plan totaZs
indicates five spaces,
Zoain3 Fi1e #00-127-129
Bage 4
However, the site plan shows a12 spaces (rem,;red parkixy �
for the vehicles on display� as 10 feet wide and 14 feet lon
compyy with zoning code re g and spaces
�e of the customer s �lations, chanqes would need g' To
witks ADA re Paces woulfl I�ve to be 16 feet to be made_ •
quirements for 2 xan3ica �de to ��Z�,
required customer/e pped Parking, The Iength of the
to 18 feet, as indicatedee Parking spaces would have to be
width of � Section 6 2.104(4) of the zonin increased
the non-handi.�aPPed spaces, now shown at 10 feet,g code. �
reduced to aine feet and remain in compiian�e uitk the code.
could 8e
aApears that the eactra lot area neede@ to accommodate the handicappe3
space width can be more than ma3e up for by the lesser width re
for all the other spaces.
quired
The length of the spaces for the vehicles-Por-sale would
increased to 16 feet, while the width, aow shown
reduced to eight feet. �ve to be
(Site plan staff at 10 feet, can be
space° dimensions cited in 62.104{5� as the min mu�sre the "compact
vehicles being disglayed £or sale.) �irements for
If customer and vehicle-for-sale parki.ng spaces are increased in
leagth to comp],y with the code, the arrangemeat shown in the site
P1� would leave a 19 foot lane between the customer parkin
line of vehicles-for-sale; the code requires 20 feet. yt a g�d the
the minimum lane width oE 20 feet could be achieved, if the location
of customer PPears that
parking spaces and some of the vehicle-for-sale spaces on
the east side of the lot were exchanged.
4• Section 64_30o(f) of the zoaing code states, ���yye 1 �
after public hearing, may modify ��, or all specia� c�diti nsmm,1whenn
strict application of sucfi special conditions would unreasonably limit
or prevent otherwise lawful use o£ a piece of propert or
structure and would result in exceptiona,l uxydue hardshi to
such �' � existing
Property or structure; provided, that such modifi�ationhwilllnoto£
i.mpair the intent and purpose of sucfi special condition and is
consistent with the health, morals and general welfare of the community
and is consistent with reasonable enjoym�yt of adjacent property.
Staff finds that the size of the requested modification, a,440 s
feet or approximately 30 percent, from the re
not consistent with reasonable en•o 4uare
quired minimum lot area, is
intent of the code to limit outdoor y�o o£ adjacent progerty nor the
sales to larger lots.
2. STAFp ggCp�ATION: Based on Findin s 2
staff recormnengs denial of the g td �' 3ib), 3(c), 3{d), and 4,
sales of used automobiles at �ecial condition use permit for
1170 Arcade Street. outdoor
�
°° ""�3t3
�
SUPPOATING INPpRMAT10N: suAply ihe information that is applicable to your type of permii �attach
add�tional sheets if necessary�
• SP�CIAL CONDlTION tJSE: Exp(ain hoW 2he vse wilt meet each of the special conditions. •
• RIVER CORR(D�R CONDITIONAL USE: Describe how ihe use wiit meet the applicable conditions.
• MOplFICATtON OF RIVER CORftiDOR STANDARDS: Explain why modificaiions are needed.
� C?e�C� _
UsE�' C4 r � ( �-
S
�,1� z t f 3
�UO `�=
pplicant's
Date ' City
��
9 Mav 2000
Citv of Saint Pau?
PlanninC commiss3on
Payrte ArCade Business Association
900 Payne Avenue
3aint Paul, Minnesota SS10I
Bruce Sylvester
District S PZanning Couneil
i4i4 Paxne Avenue
Saint Paui, Minriesota 5510I
R�� Fotent3a7. Request For Cozfditional Use Permit
This offiae has warked with Doug Herends toward purchssing the
property at 2170 1►raade Stseet in Saint Paul, and a accompanied
Doug to a meating with the Crnnmun3.ty Pianning committee of the
Payne Phalen, District 8, committee. We listened aarefuily to the
concernB statad st tha neatinq and have addressed as many issues
as time hns ailowed. i4e look forward to working with the City, the
Planni g c Cammittee� tow rd 4 Purther �res lution �of oth ���issues �
raiaed, and towasd zQaeonshle r�salutions to any other problems
that arise.
Hr. Berer�cqs hns decfded to aontinue examininq the �easibility
of ineeting objeationa $nd working with the oommunity toward
obtaining epprovai of !t co�ditional use permit €or i17o Arcade. ew
reaognize thttt at leaat two comraunity members stated at the meeting
that they are ogposad to ttny development thAt fncludes a car lvt,
and that one neighbor steted apposftian to any use of the property_
other than green spaas. We Wl11 continne to listen carefuily, we
will attentpt to acqdress issues and ehange opinions. Thank you €or
youx time.
Yours truly,
s. Anthony DeRUngs
�
TUTRL F, 91 �
�
�
L�'/03D
E�glauation of how vse will meet eaetz of the spe�iai conditions -
The gas pumps, tanks, and canopy have atl i�een previously remaved. I will
have the property resurfaced with asphalt, graded, aad drained as to dispose
of att s�face water accumulated witliin the area. If permitted by ihe city, I
would also Iike to resurface the alleyway adjacent to the property.
The vehicle entrance and exit to the outdoor sales area shall be on Arcade
St., approximately one hundred feet from the Rose St. intersection.
No repair or refinishing work shall be performed on the premises. I will
retain the existing building to use for office space that will accommodate
one employee per shift. Alt vehicles offere@ for sale will be in quality
condition.
Because we are not going to be doing on-site repair of vehicles, a larger
building is not necessary. Therefore, the square footage that would need to
be utilizecl by a larger building to facilitate repairs is not needed. I believe
that because of this, the required 15,000-sq. ft. is not necessary, and that the
available IQ,560-sq. ft. will be more than sufficient for auto sales.
A five-ft. cedar privacy fence sha21 be insta.Iled along the back property line.
A twenty-in. cedar fence shall be installed along the front property line on
Arcade St, and the alleyway. Along Rose St., curbing is atready in place. A
cable fence sha11 close offthe Rose St. access.
Please refer to scaled site plan, along with pictures of the cunent condition
of the property, including the building.
�
• -- _===--
L�ENTS�CTH
r�er�
PURCFlASE AGREEMENT
��S Adareu - I110 A cade St
it6. Page 3 Date _����,_,� f �P�
t t7. Buyer sAap pa PRORATED OF GASING, 7 2 T H5, A LL, NONE real ssfste taxes due and payable in Ihe year_Z.QQO
t t& Seilet shali pay. PRORATEDTO DAY OF CLOSINC., _ S, ALL, NONE real estate taz� due and paya6�e in tlre yearZppp if yie
i 79. Gosing dare S changed, the mal esWte 4zes paid shaif�.p�pra(ed. be ac�usted to the new closing date. Sei�r wartan5 taaes due and
720. payabie in B�e yeaf �O�n _ witl De FUI,L-0�A da:silrcation. If part ornarlamesteatl dassifip6wi is a�cled,
ad>
t27. Seller agrees W PaY �r at Gasiny S unaa
722. tov(ard Me nonhomestead real esFate tazec. Buyer agrees to CaY �v �9 haianee of nonhomesteaa taxes wnen tirey become
i23, due uW PzYa4�e. Buyer sAaP pay reat estate tazes due a�W PaY�e in the year toifov�ing closing aM theteafier. Uie paymer�t of which is
t24. 'wt ahenri�e qerein pro�ided. sIO repmsenYaGOns ace matle conceming the amount M subsequent reai estate tazes.
725. POSSESSION:SeilershaIIdetiverpossessionofthepropertyw[�aterihar� iamediafelq aftercbsc�g.
t26. Ali iniereSL hameowner assadarion dues, rents. (ue! ol, fiquid petraieum 9as and aU cha<ge5 tor tlty water, city sewer, electrciry, and
127. nalurai ggs shatl 6e Pmrated belween the parties as of pate ot dasing
128_ f ,_,,,
129_ ENYIRONMENiAI CONCFANS: To 1he bes[ of Ne SWer's knowledge there are na hazardous substances, ur undergcou�W scaage
134. IdnkS,e%UQ[hE[¢u1RpLEd: SF.F. AtIYF.R PLIRCRASTNC °AS if" AOOP.TIOIM
131.
132 SELLEAWAPRANiS7HATiHEPROPERTY1SWflECTLYCANNEGTEDTO: CITYSEWERQIYESONO/pTYWATFAf�YESONO
I33. S0.LEFYBUYERAGFiEESTOPRONDEWA7Efl4UALf1YTFSTpESULTSIFpC-0UIpEDBYfAVEflNINGAUTtbqRYMIq�ORLB�IDFA
-(aaeane)-
f34. SELt,ERIBUYERAGREESTOPHOVI�E,I�RE0UIREOBYSHETFAM50FTHiS PUqCHASEAGflEEMENSOR BYGOVERNING
-(mdea�n)-
'35. AUTHORITY AND/OR LENDER, A LICENSED INSPECTOR5 SEPTIC SYSTEM MSPECTION FEPORT Oq NOTICE INOICATING IF
36. 1HE SYSTEM C061PLIES WITH APPLICABI.E REGUlAT10NS. NOTICE: A VqLiO CEATFlCATE OF CAMPL/ANCE WR TNE
37. SYSTEM MAY SATISFY THIS 0811GAT10N. NOTHING IN UNES 134 TO 738 SHALL OBLIGATE SELLER TO UPGRADE, REPAIR
38. Ofl HEPUICE THE SEPTIC SYSTEM UNLESS OtHEHWISE AGREE� TD IN THIS PUFCHASE AGREEMENT.
39. BUYER HAS NECEIVED THE WELL DfSClOSURE STATEMEM Ofl A STA7EMENT TNAT NO WELL EXISTS ON THE
40. PqOPERTY, AND A SEPTIC SYSTEM OISCLOSURE STATFlNENT OR A STATEMENi THAT NO SEPTIC SYSTEM EXISTS ON OR
di. SERYES THE PflOPEflTY, AS REQUIRED 9Y MINNESOTA STATUTES.
t2. SELLER WARRANTS THAT CEMTRAL AIR fAN6�T10NiNG, HEAT4NG. PLUMBING AND WIFING SYSTEMS USFA Ah0 LOCATED ON
V3. SiUD PROPERTY WILL 8E IN WORKfNG ORDER ON DATE OF GLOSING. EXCEPT AS MOTEp IN Trf15 AGflEEMEM.
A. BUYER HAS SI1E flIGHT TO A WALK-THflOU6Fi REVIEW OF TF45 PROPERN PHIOP TO CLOSING TO ESSABLSSH SHAT THE
5. PROPEHTY f51l3 SUBSTATfTiALLY TFIE SAME CONDITION AS OF THE �ATE OP PURCHASE AGREElh@(T. SELLER AGPEES
6. TO l30TIFY BUYER IMME�IATELY IN WRRING OF ANY Stf85TANTIYE CHANGES FROM APiY PpiOfl REPHESENTASIONS
7. qEGARDING SHE PHY5ICAL CONIX1'ION OF THE PROPERTY.
4. Bl7YER ACKSiOWLEDGES THAT NO OfiAL REPRESENTATiONS HAVE BEEN S�1ADE REGAROfNG POSSISIE PROBLEMS OF
3. WATEA IN BASEMEM, OR DAMAGE CAUSE4 BY WATER OP ICE BUILD-UP ON ROOF Of THE PROPERTY AND BUYER AEUES
1. SOIELY IN S}LlT REGARD ON THE FOLLOW ING STATEMENT BY SEILER
. SELLEFHA H0.SN0 AWETBASEMENTANOt4aS ASNOT PAOF,WAILORCEItSNGDNMAGECAUSEDBYWA7ER
. OR tGE BUfLD-UP. BUYER HAS AS NOT ECEIVEO A SElCER5 PROPERTY 07SCLOSURE STATEMENT.
. BUYER HAS RECEIVED THE INSPECTION HEPORTS, {F FEQUIRED BY MUNICIPALf7'Y.
FRAh'K S. LEYTSCei
(Licensee)
LENTSCH REALTO&S
fCr�+pa�ry>
(lieansee)
is SePefs AgenUBuye f AgenUDual gentMori-Agerrt
is Se11eYS AgenryBUyeYS AgenUDual AgenUNOn-Agent
THlS NOTICE OOES NOT SATiSFY b11NNE5�TA STATU70RY AGENCY OlSCLASURE REQUIREMENTS.
DUAL AGENCY REPRESENTATIOfJ
YJAL A6ENCY REPRESENTATlON 00£ �, NOT APPLY SN THIS TRANSACTION.
koker 2Presents both the Selie�(s) arW the 8uye�(s) of ttre prope�ty invdvetl in Uvs tcan,acAian. wRich ueates a dual agexy. This
iear�s that Broker and iis salespersore owe fiduciary tluties W bM6 Seller{s) and Buyer(s). Because Ne paEies may fia.�e w�ilicting
rterests, Broker aM! iLS salespe�sons are proMbited from advocazing exclusrvefy tor either party. Broker camrot azt as a duai agent in tlris
vnsaction withaR ihe consent of boN Sefler(s) and Buyer(s). Se9er(s) and Buye�(s) acknowledqeihat:
(1) confiCenliai infortnalion communicated to Broker which regards price, teims, or mofivation to buy or seN vriN remain confitleMial
unless Seiler(s) or 8uyer(s) irtiNtls Brpker in writing to tlrsdose this iMO�mati0n. Ocher into�mation witf be sriaretl;
(2) Broker and iis salespersons wiN not represeM ihe mterest oi eithet pany to Ne detriment oS tfie ofher; and
(3) wilhin the limils oF dual agenry, Broke� and its sa7espe��ons wiN work d�ligentiy to faciRate ihe mechaiircs oi ihe sate.
iU 0e knowledge and untlerstanNng of the eapfarelion above, Serier(s) and Buyeqs) authorize and "msimct 8mker and its
IesPersons,to act u d�ai age Ehis hansaction. �'�
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Mint�esota Poliutian Conisol A,gency
Glueomec Aaiissance ceafns
s� �y�m xosa xotd� _
Sa �ant, Mivuaera SSf55-4l9A.
INFORMATION TRANSMI�"I'AL ST-�EET
Dace: 02/�0/00
Teo Glr.y LenssFs
Company oa AgeACys
Mdre�a: 9S8 N Do1e Sc
SaitlC ?�i�t, A"_N 551 i Tc
FaY Number:
Plom: Nact realon
Scctionc `.I�Sajoz Faalities
Numbet of pages:
TaIaphone A'umber: .�ir Qualitp ?ielp Line (65i) 2H2-5844
Hazudcw Waste Heip j,iae (65l) 297-8681
Tenks Help Tiue (GS]) 297-8361 *
lY7ater Qva:'rry fietp j,ine (G51)296-7262
F8x (65I} 2fi'7-870i
Subjecs: j�gp=mation on a caatc site.
Fot: ❑ Tnfcrmxdon
� As Yov ltequesced
❑ Otkes
Comxentt I'm srnding you a capy of our. deta base on that site u arell ss rhe �race
seq � ements
�
,
If yrou have any o[her queseiona ar comm�nu please $ice me a catl.
Mp petsonallrae is {657) 296-79Q3
�
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�
14F+R-06-2006 17:0� METR�JFO�ITAN G?AVEI� Cf1 ICa 5`1 -i�S llr•= :.�'"' ;-
t+eRo�e nue: Tank Sita and Qwner tntarmailon
... _ _ �scort ��r��a- "
• _�_.••.^- ` ♦ j o»"wv.fv..sftswi { �s�Jo a'uti
'_ _' , ' � .." -.'��'. Wf��� ��{� iIi7�0� �$ .��
- 7'ALFrS #4eport.
asxt.aNn. ...
Sife tD: 3650
Address: � 17d ARCADE ST
ST. PAU:., Remsey MN 65t08
Site Phone: 851-999-9999
S�te Leaked7: N
..-_.;£'�.':d,i,` :��.:<`i �-Td"'.-`«.'+-�=s... _._. _.-_—�.. ." '"
ot Sitt: UndergrounH Ortly
�
bp
ehr..a�r: sooa
Regror,: nn
Aegistration Date: 4r1 tt86
teak ID(s}:
•r:.e....�e���sssssss�..�s����s�sf��t�� O�g =ynnpgap�.rO rstaett.�:...�.���aatsa+aa.<.��........
itwner Name: J$pEMY &CHALIER
Owner t0: Y86865
Address: 1T7C AFICADE ST
ST. PAUL, MN SS106
•��«���H�������as���yr��e►���rl.k• 2aNk ZMlO1WASfOL� 9iJD4�AfLY t��s�a.a.�r�.�s�y�����:���sss���.�:
Nor pJU 8ietw 5ubstents Stored Capaclty instalted Femaved
001 U Removed QBSOIine 16,000 51f01/7971 11n5/1999
oG2 U Remov/d G3soiine a,o�o 11latrt971 itlis:tsss
OD3 V Removed Qasaline a,000 tt/01/t9�1 11/SS!1439
oo< U Remeved Qasollne a,000 17;oiH9'tt tt!i5lt99B
�rc*��•.xY��rs�e�t�����frYa��t�te 501 � COfOd029 TdNX XNPOA1ta?SOtt +eiv..e•.•.e.•�a�aa��+.�csaa�•�.a
OurTankNbr:001 U CfkentTankt�br: OOt
DispanserType: Suetlort TotalCacaeity: t0,000
Tank Canst Mri: 8arelPg;nVAsph Caat Sieei Storad Praduer, GasoGne
tJsed For HeaHnQ?: U 7artK Stacos: Removed
7aek D�spasal Company: Qetermans 2nd CoRt Tank:
� TOnk 08Ih P�ot: Pipa Cath Prot: None
P(pe Materlae Galvan,zed eteel Piping t,Aateriat Deec:
HW GeneraEO� I0: Produet Replaced Date:
'ank Regi�tretion Date; a4/tt/t988 Unrep Tank Repor, Oate:
.""'___----""-"""""""'�' OOI - V8T 7AftR YNfdRLtliPl017 -"---"'--"-'-"""--"'-^"--'-
fi ol'ank ComAeRrr,ents: 1
Compa» Numbe+; 1 �� CompaA Capsc3ly: 1D000
Compert Sto�ed Prod; paeoline � Compan Stared Desc: GASDU�E
Compatl Oihar De3a
�.i
•••• OverFill Infortnation --- j.
' Ove�H Prot Alarm: ; Over!B( Prot Aetoshutc •
Overffl! Prot Ballflaat: � Overfit! Prot Manval:
OveAlli Prat No Inlo: Y Overt'�u prot Nono:
pvertll! Pret Type Unk:
•-- Tdnk F4e(ease Prettatinn, •�. ••.• P,�1ng Reiease Pro:ectton ••--
ddily Sttek: Y Auto Line Lesk DeteVtion: N
Tightness 7est: Y bnnual Tightness Ts6t: N
Manual GAUging: Yapor Aaonhor!ng N
Auto Gauginq: N Groundweter Moniror. N
SO'rl VdDOr Monitor: N lnterst�t Mon+2ar: N
GrountlwA7er Monitor: N 3 Year tightness 7esi: N
Utsrst7t Monilor. N EurOpean Suct�on: Y
SIA Apprav2 00tA: StR ApDiove �ate�
SiR Vendo� Nbr. 0 SIR Vendor Nbr 0
Other De6C:
Ofher Flag: N
�•...,......�...�..,r..,..,..... ooa - coinsoN zx�c xxronw�rzaa� .........+ ...............�.......
Ou� 7ank Nbr. 002 U CI(enl Tank Nbr, 002
- Pege t at 6
t1.�R-�lE-2mc!p 17%t?i PIETROFOLITWI GF'AVEL �0 ]td F�l -1«� 11�'= F.�'= _-
aepmeTiHa Tank Site and Owner ininrmation R?C:R ti�^.�.*c^, d �
� ;:..._. i"aiix:,r���ii.ic7tY�iwi`i11ii�}.tt�iib�i
asHUtNa
Sits iD: 385D
Service
�e of Site: Under
----- _ -----.. . ...
. . �°jiCRNJ^.t`6r, �
DispansesType: Sueqcn
Tank Got+at k!tl: 6areipainVASpfl Cont Stee:
Used Fer Heating?: U
Tank pisposa) Company: Deterrnan�e
Tank CBth Ptafi �'•�
�+pe Materieh paivarized s=sel
Hw GarK►ator ID:
7an< Registration Otta: O4l11tf fl86
-------°--•'°--------'.`._'.._--- aao csr
k oi Tank Compartmen2s: i
Compart N�mber: t
Comoart Sto�ed Prod: pasoline
Compart dther p98p;
.._ QvEtflp lnlermate0rt --'
Qwefilt P.ot Aiarm:
OveRilt Prot Bantioai:
Ov�rtill Prot No Inte: Y
Overllif Arot Typg Unk
�•-• Tenk Releese GrafecUOn ••--
Daay Stick Y
Tightnecs Tastr Y
Manua! Gauging:
Auto Osugt»g; N
Safl Veper �,ienitor. N
GrcundwalerMonitor. N
4Met5tit Menifdr, }J
&IR Approve Dnte:
SIR Vondor Nhs 0
O:t+er Oesc:
OihAr FIBg: N
...s�xFr.s::��.ire�srrss•a+��•.�+
OU3 — COlIIdOP 7XtaC IllYOffiS1lTZOSS •����f�e��aars�sa���.��.�ue����a
Our Tank f1br. 003 U
Dispenser Type: Suctiors !
'"ank Cons� MG: 8arelPainVASph Coet Steel
Used For Heating?: U
TenK p;s�osaa Company.
Td»k Cetf+ Prot:
FiD! Mater;n?: Gstvanized steei
HW QMeratar tD:
7ank Registra6cn Date; 04l1111988
"-"""-'-'_"""^""--""'_...... 003 - VSS 'tAlTR
z a! Tank Companmen�e: t
Compnrt Numbsr; 1
Compart Stored Prod: Gasollne
Carnpart Othar Desc:
.-. Overr,�! IMOrmation ....
Wsdt41 RrotAfarm:
Overfitt Prot 9aunoat:
Ovefi!! Prot No lnfo: Y
OveHitl Rrot Type Unk:
•—� Tank Reieese Proteetion •••-
rc�at capacity:
Stored Prutlud:
Tank Status;
2nd Cont Tank
Pipe Cath ProG
piping �,iateri9! Desc:
Produot Rep:gced IIata:
Unreg Tank Report Date:
Tu•,�c :mzawaxzox ------
Cfient Tank Nbr:
Toiai CapaCiry:
Storetl Preduct:
Tank $tatvs:
2nd Cant Tsnk
Pipe Gath Prot:
PiPi�g Materin! pesc:
Produqt Replaced Oate:
Unreg 7ank Report Data:
Q03
4,000
Gasoli�e ,
RerTOVed
Aione
SMYO�RMAfl"!ON ---"'---'.��-'-----'---'---'---"
Compar: Capacfly; 4000
Compart 9tar9d Desc; GASOLtNE
Ov6rtip Pro( AUt6shut:
Overifu Prot M,a�ual:
Oved111 Prot None:
•-- Piping R9leese Proiedion ••••
�
ve9. 2 ot s
Gasoline
Removed
None
Compert Cepeciry: a0po
Compett Stared Desc: GASOLINE
Ove�i! Prot Auto9h;�t:
OverfiB PrM ts+{anuai:
Ovedifl Prot N�t16:
-- Piping Retease Protsctlan ----
Auto Line Leak Detection:
Annusl Tigh!ness Test:
Vapor Mon;tor�ng�
GroundwatSr Monitor.
intersti[ Monitot;
3 Yeflr 7lghtness Test:
European SucGOn:
51R Approve Date:
SIR Vendor Nbr:
r�
N
N
N
N
N
Y
�
MtaP,-�5-e90+� 17: �32 METP.OPOL I TRhi C,RR! 1EL !7J I t! F� t�_,: i I�_� �_ �•
Reperc ns�•; Tank Stte snd Owner informatton ��
:a��: s�.L'. :�it��`r'�@3itt� � ' -�tlOfl .-..:- :.=x :_ ._ ; ��u-_ ..--: ;.:.�---'- -_._.:_l.,
_ r�9;o�t+�mDe• 43
�'°��3a
�
\ J
_.._. _ .
ASHLAN6� ---' ` . - Setviee 3taHor1/8uik , _ .
Slte !D: 3850
L78�y SC�dC 5
TightneyS TeSG 5
MsnUEt 6tugi�p:
Avto Gettging: �
Soi! Vapor Monuor. R
Oroundwater Mcnito'r. !,
Intentit Monitor. N
SIR Ilpprove bate:
31R Vendor Nbr. 0
Othor C9ec;
Oihar F+ag: N
•f t��tt�H�i����f11f�Yf*t**44HH•
oiSfts: Under$rourni
rca �ine Leak �eteCiiOrt:
Annual Ttghtness Test:
Vspor Monitaing:
Groundwater Moniior.
I�terstit No!tilor.
3 Ye8rTighhte66 T66C
�uro¢ean SuCtlon:
S!R Approve Date:
Sf R Vendor Nbr:
N
N
N
N
N
Y
n
06l � GDDO60q ?d81% ZNlD71Zl1lTSDH •....�s��faf�s�it��aRS���s����u•
Our T�nK Nbr, pOd U
Oispans9r Type: Suetion
Tank Cansi Mtl; BaroiaatnURSph Coat Steet
Used For NeaL'ng?: U
'ank bhpo�al Company;
Tank Cath prot;
FiPe Maferial: Galvnn`ed stee!
Nw Geneeator iD: �
7enk Reg(atrativa Oate: 04lSt/1988
""_""""---'-"""".._"""' 00! - V9T
� o` Tank Campartmenb: 7
COtripert Numbsr. 1
Compar. 5torrd ProC: Gaso�i�e
Comya�l Othar Desc:
Clienf Tenk Nbr:
rotat Capaciry:
Stcred Protluct:
Tctnk Status:
2nd Cont 7enk;
Pipe CaUt Prot:
Pfping Malerial Desc:
Produc! peAlaced Daie:
UnCag Tenk Report Qate�
004
d,000
Gasoline
Removed
Norro
��it3�i
Compatt Capaetty: 4000
Compart Stor�d Desc: GASOL��lE
-•-- Overfill Informafian ---
Ovartifl ProtAlarm:
OveAilf Pret 9ellfioec
Over!'�11 Prai No In1o: Y
OvEfiill Prot Type Uhk
•-•• Tenk Ralease 7rotection -
Daily SNC : Y
Tigh�ess T t: Y
Menuat c3sugi :
Avto Gavgirq: N
Sail Vapor Monitor: N
Oroundwa!ar Moniror: N
Inters!it Monitor. N
SIA Approvs Dats:
SfR Vendor Nbr. U
Other Desc:
OveAill Prot Autoshut:
Ov�diit Prot RA80vdC
Ove�1iN Prot None:
..-. pipin� Feiease Protgelbn ....
Au[a Llne Leak Detenfion:
Annual T9F,tness 7oit:
vapor M.onitoring:
Grounqwater MoniFor.
(ntecEtlt Mqnitor.
3 Year Tghinsss Test:
Europeart Suetion:
S!R ApRreve Qete:
S!R Vandei Mbr:
N
N
N
H
N
Y
bther Fiag: N
s����1M4�N�f�s1HN��'R�I�R1Yf14Hi44 COAAEHPON21LbTCL •����rt�t�rarta��a�.u������s�������.
Num.ber: 1
Cempany:
Tyae' Registration Form
Dflte: OSlO't19Di
Person At Co:
PCS:
The fa towing camment w3s entEreC on; OdJtil96
nt 5 Al.l. T1�NK5 VlSUAL
� �IVAtiCIAL ASSUAANCE LETTEq TQ DEMONSTRATE SELF lMSttaA��C: RECEiVED b�5!92
P�ga 3 ef 5
t!4P-t�6-c��� 1?�02 METP.,OFC�ITRt! G�YJE� �0 It•t
��l ,-^_ I?•=' �,.- '
•. � r :�ik S.cC i'�� :iW���; i �'t2sii'natiwh
,,�
AJl71.RSVU
5ite ID: 3856
_ ..._ . ----`---
REFcr: ivaTba^ <3
^.+ervice StetlaRlBulk
Type Ot Site: Undera
Onty
rvumcer, z
Campeny: VtCKfipS N24t i
Type: RegistrdGorl Form
Peraon At Co: ,I�pF I(qRMER
PCS:
S}gnnture: JEFFAEY KRAMER
Ti!!? : ?RES
Data Fcrm Reee?v�d; 2J�y84 (CHANl3E OF Ot�YNERSMIP- PRCVIOUS 6UVVER-
TOTA(. �ETRpLEUM- 81415 ?ILISBURY AVE S- MPLS)
Mumber: 3
Cor+tpeny: VICKER3 �t2411
TYP9: Letl9r
Onte: 0912211ggq
Psrson At Co: S BAKER.60W�N
PCS:
CE'TER R5C&NQD q/fygy PpOM bAN�HL YALOTPRES 8 CHO-30TA! RETROLEUM
iY SJPPORT OF THE USE pp TSiF FINANCtAL TEST OF g��F•{NSVp,qhCE TO
JEMONSTqATE F�NANCfAL RESPONS161L;7Y FOA 7AKfNG CQRRECTIS�E ACT}ON RND/OR
CONa�NSA71NCi THIRp PARTIES FOA BObILY fNJURY ANO PqOPEEt7v D4MAL3E CAUSEC
ev SJppEN ANO dA NQ;�SUDbEN ACCIDHN7A1. RE�.EA56S IiV THE A!u17 OF A7 ��.qST
Sz.000.a00 aNNUAL A4GEi�GAtE AqIS1N4 FROM OPEAATfNG uSTS.
Number. 4
Compdny: VICKERS N2471
7yps: phone Cefi
Date: 03J14I1998
�'erson At Co: KAl'HY LESLiE
PCS:
nvarvT� �EAStNC3 kRS A NEw aDDRE5S. 3G33 E 16T AYE• STE 202• DEt�VER CO 80206
PRe"�OUS AOORESS- 5211 4UESEC ST- t�^qEEN�NOOD VILLAGE, Cb 8�1 t'.
P?.S�I�OJS PWONE #t 3a3a70-7007 PEA CALL T4 KA7HY tE5L1E- AvAN71 �EqS;NG
3:9&JH
Wumber: 5
Campany: A5FiLArVO
Type: FIeId Notes
6ate: oA102119?8
Person At Co: AOOER FfSHER
PCS:
P_R'Jk A SHEET (VDTES FROM Rf:
�
S7A?ION fS N07 VICFCERS, BUTASHLA D,
OWN,R IS NO CONGER AVANTf LEAS(NC3 lNC, BtJT JEREMY SCHAUEi�.-b1L
Numb9r: B
Compeny: ASHLAN�
Ty¢o. Fi91C NOteS
Daie: 02110Jt8BB
Person At Co: .
RCS:
1 VlSREQ THIS S17e QN 2ltprgg, THE FACILITY !S CLOSED, THE OISPENSERS ARE
COVEAE�J ANO BOTH THE SITE PHONE RND OWNER Pt?ON� AA'e pISCQPlNEC7Ep,
Numbe� 7
Company; 7.�h1 Equipman[
TYPe: �ax
Oate: ii/OSliS48
Per9on At Co: 9rian Lacson
PCS: JCA
} t/�.' sss arian t,areon Zahl �QUipment taued 10 day nOdee to remove 4 t�nks 7 5l16/t9gg
tJumber. 8 Dnta. 12ros1799g
'ege Q o! 5
�
�
?1RP,-�+�- 17:�3 h1ETF.7rOLITRN GRA!'EL CD lil c,�l ��„_ ��c: r_ ��
peport t[sre: Tank 3ile and Cwner lnformatia� �- � "
---._..�.
�-�«e r;�T,ea
� . �'�030
ASFfLANb -
Site 1�: 385Q Sarvice StatioNgulk
� TyPe cf Site: Undet ronnd Onty
Corr,pe�: Ash13ttK4 g
7YPa: Regtttretiort Fcrin
At Co:
PCS: AJA
�?J7199 �
r�ep7strat�on form reci6vedSr�{r� m$t nsi pot.d44 wtrc �eme�ed on 71/75ti8g9
,,\
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Page 5 ot 5
rr�tc.� r-
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�l I J
D 1 S T R 1 C T
F 1 V E P L A N N 1 N G
=l'at�nc-�ltcttcn
_ �
C O U N; C l L
To: St Paul Planning Commission
Nancy Frick
From: Bruce Sylvester, District Five Planning Council °
Date: May 30, 2000
Re: SCUP Request for poug Berends at 1170 Arcade (Southeast comer of Rose and Arcade)
I am writing to inform you that the Community Planning Committee of ow organization hosted a community
meeting on Thursday, March 23"'to discuss Mr. Doug Berend's interest in obtaining a SCUP at 1170 Arcade.
l�Teighhors in 4he � u�un3 1174 Ar�ade were invited, 2nd many attended this meeting.
At that community meeting, Mr. Berends explained his goal of opening a car lot at 1170 Arcade, and outlined
what the lot would look like, what the hours would be, etc. Neighbors expressed many concerns a6out such a
business locating at that sit�-I've encIosed a copy of the notes from the meeting for your review.
As the minutes make very clear there was no support from the community for a car dealership at 1170 Arcade,
and quite a bit of opposition. Also, a SCTJP for the same purpose at this location was denied about a year ago
when city staff determined that the lot is too smatl for a car dealership.
Because of the_co_ncems and 0000sition raised bv the neighbors and because the lot is too small for such a use
the Distnct Ftve Plamm�e Council is ooposed to the gsanting of a SCUP for a caz dealershio at 1174 Arcade
If Mr. Berends would like us to revisit this matter a second time and if he is willing to have the matter laid-over,
we can add this issue to our June 15`� Community Planning Committee meeting agenda. We would need to
know if Mr. Berends would like this on our agenda no later than Tuesday, June 6`� so we could publicize this
discussion item in the local newspaper and through fliers to local neighbors.
If you have any questions about tfiis matter, please feel free to cali me at 774-5234. Thank you.
�
C �
70�4 Payne Avenu2
Saint Pauf, Minnesota 55107
TefY 774-5234 Fax� 774-974�
�
D I.S � T R 1
- �. _ ,
- �r���•,� � - .
;R
i � I���a
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C. T- F t V E P L A N J N, G C
�ayne-P{ic�(Fri .
Meetin¢ PIobes
from the Th�usday, Manch 23'� Meeting
of the District Five Contmimity Plannina and Economic Development Committee
630 P.M. az the Arlington FIills Lbrary, I105 Greenbrier
� �t;��/03a
O U- N C 1 L
Committee members present: Ray $ammons-chair, Bruce Sylvester—stafF. A complete sign-in list is avaiIabie in '
the office...
Item One--Pronosed Used Car Lot at 1170 Arcade (the otd Ashland Oil 1
Staff explained that two different men had contacted Ute bistrict fiive Pianning Council office about their .
hopes to open a used-caz deaiership af the corner of Rose and Arcade. Because the lot is only 10,000 ._ .
squaze feet—and the City requires I5,000 square feet for such a use--a Special Conditioa Use Permit wiIf
be needed. Both men said that before submitting a request for a SCUP to the City, they wanted to heaz from
neighbors in ihe surrounding area if there would be neighborhood support or opposiuon for such a used caz
deatership. Staff and Ray S. had arranged for tonight's meeting since there was no time on last week's
CPED Committee agenda, and since there is no acfual request for a SCUP at this point. Staff fliered the
surrounding neighborhood to inform people of tonighYs meeting, and both men interested in the site said
they would attend. Only one of the two men interested in Yhe site was in attendance--Mr. Doug Berrands.
The other applicant Mr. Todd Bauer—did not attend. The meeting bagan with Mr. Berrand's attorney
� expiaining his clients proposed site plan for the site. Details inciuded curbs, caz placemenf, fencing, and
renovation of the building. Access to the site would need to be determined after consalting with Public
Works—one option is to have the entrance off-of the alley on the souttz side of the lot.
After this presentation, neighbors voiced several concems, inclading:
• Neighbors do not want traffic in the alley there is aIready too much and several accidents have
occurred recently
• Leaving the a]Iey to get onto Arcade is difficult, especially if lazge trucks are pazked on Arcade.
• In response to having `no pazkiag signs' posted on Arcade to prevent the aforementioned issae,
severai neighbors—including one business owner—said that would not be accepiable.
• Neighbors feel there aze too many used car dealership atong Arcade Street already
• Neighbors had concems about ffie number of cars 22—that Mr. Berrands said he planned on
having on the ]ot After Iengthy discussion, the group ageed that a significandy smaller
number of cars would be necessary. .
• �.� Mr. Betrands is able to open a used caz lot at that site, he promised to remove the pay
phone after severat neighbors expressed concerns abo¢t it. His lawyer said it would be removed
if it were legally possible (if it weren't on some long-term tease or something...)
• Finally, the Iawyer for Mr. Berrands asked if the community would support or oppose Mr.
Berrand's plans, and everyone present expressed opposirion for the plan. Ray S. explained
that it was now up to Mr. Berrands if he wanted to apply for a SCUP or noY, and that if he did
apply for one, District Five would receive a notice, norify neighbors, and take a formal position
on the actual request for a SCUP. Ray S. concluded by saying that the results of tonighYs
meeting would obviously be taken into consideration at that rime.
� The meeting adjourned at 730 p.m.
Respectfuily submitted, Bruce Sylvester.
Minutes ofthe Mazch 23 , 2000 meeting ofthe District Five CPED Committee
1074 Payne Avenue
Saint Paul, Minnesota 55to1
Tel� 77C-5234 Fax� 774-9745
Comments on Z.F. #00-127-229
SCUP for used car lot at i l70 Arcade gtceet
as of June 8, 2000
Staff received the following phone calls as of June 8, 2000:
• John Huot
829 E_ Geranium,
Opposed. Expressed concern abouf hazard due to alley access.
• Antonio Shaw _
846 E. Geranium
Opposed. Cannot attend 7une IS gublic heating.
• Diane Dodge
845 E. Geranium
Opposed Inappropriate vse at this location; safety concerns; too many caz lots on Arcade.
�
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CITIZEN PAR ICIPATI OI R? �5
CITIZEN PARTICZPA7ION PLANMING DISTRIC7S
I.S UNRAY - BATTLECREEK-HIGHi�f00D
2.GRERTER EAST SIDE
3.WE5T SIDE
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6.NORTH END
7.THOMAS-DRLE
8 .SUMMIT-UNIVERSITY
9.WES7 SEVEN'fN
lO.COMO
1 i . HAML INE-h}IDblAY
12.ST. ANTHONY
13.MERRIAM PX.-LEXING70N HA,NLINE
14 .GROVEIAfaD-MACAIESTER
15. HIGHLAPiD
16.SUMMIT HILl.
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oR��tNA�
Presented By
Referred To
Paul; and
2 Whereas, Douglas Berends, in zoning file no. 00-127129 made application to the Saint
3 Paul Planning Commission (hereinafter, the "Commission" for a special condition use permit
4 pursuant to the provisions of the Saint Paul Zoning Code for property located at 1170 Arcade
5 Street and legally described as Lots 14 and 15, Block 8, Eastville Heights in the City of Saint
�
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23
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Whereas, The Zoning Committee of the Commission conducted a public hearing on June
15, 2000 after having provided notice to afFected property owners, and submitted its
recommendation to the Commission. The Commission, by its Resolution 00-35, dated June 23,
2000, decided to deny the application based on the following findings and conclusions:
The applicant, Douglas Berends, has a purchase agreement dated March 15, 2000 for the
property at 1170 Arcade and proposes to establish a used car business at the site. The
property is a vacant Ashland gas station. The applicant has provided documentation from
the Minnesota Pollution Control Agency that the underground tanks have been removed.
The pumps and canopies have been removed. The building remains and the applicant
plans to use it as the business office. The applicant intends to have one employee per
shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of
automobiles subject to the following conditions:
�soLUTZON
CITY OF SAINT PAUL, MINNESOTA
Council File # � .. � �^y (�
Green Sheet # �(p (� L'a,a•
�
Committee: Date
The lot or area shall be provided with a perrrzanent, durable and dustless
surface, and shall be graded and drained as to dispose of al[ surface water
accumulated within the area.
This condition is met. The lot is paved; drainage is assumed to be satisfactory.
2. Vehicular access to the outdoor sales area shall be at least sirty (60); eet from
the intersection of any two (2) streets.
This condition is met. The access from Arcade is approximately 100 feet from the
intersection of Rose and Arcade. The applicant proposes closing the access on
Rose with a cable fence. The applicant also proposes closing the access from the
alley with wood fencing and a cable fence along the alley, as shown on the site
plan.
oo-�t�,� �
c. No repair or reJtnishing sha11 be done on the lot unless conducted within a completely
enclosed building.
5 This condition is met. The applicant states that no repair or refinishing work will be
6 performed on the premises and that all vehicles offered for sale will be in quality
7 condition.
9 d.
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The minimum lot area shall be fifteen thousand (I5, 000) square feet. A site plan shal[
be submitted showing the layout of the vehicles for sale or rent, employee parking, and
customer parking.
This condition is not met. The lot size is 9,760 square feet. If half the alley is used in
computing density as aliowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is sti114,440 squaze feet less than the minimum required by the
code. The applicant is seeking a modification of this condition.
2. Section 64300(d) requires that the planning commissioa make the following findings before
granting approval of a principle use subject to special conditions:
a.
b.
c.
�
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50
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53
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55
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e.
The extent, location and intensity of the use will be in substantial co�npliance with the
Saint Paul Comprehensive Pian and any applicable subarea plans which were
approved by the city council.
This condition is met. The proposed use is in substantial compiiance with the
comprehensive plan, given that the B3 zoning district is intended for this kind of use.
The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
This condition is met. The applicant site plan indicates access from Arcade
approximately 100 feet from the intersection of Rose and Arcade.
The use will not be debimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety and general welfare.
This condition is not met. While the use is permitted in the B-3 zoning district, and
while the applicant has proposed site improvements including a five-foot cedar privacy
fence along the rear property line where the site abuts residential use, and a twenty-inch
wood fence along the front property line to prevent cars from hanging over the public
sidewallc, the small size of the lot makes the proposed use detrimental to the immediate
neighborhood.
The use will not impede the normal and orderly development and improvement af the
surrounding property for uses permitted in the district.
This condition is not met. Again, while the use is consistent with the B-3 zoning district,
the detriment to the neighborhood character posed by locating this use on a very small lot
is an impediment to improvement and development of other property in the district.
The use shall, in all other respects, conform to the applieable regulalzons of the district
in which it is IocaterL
This condition is met, with some rearrangement of parking spaces on the site plan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
totals five spaces for a lot and building this size. The site plan indicates five spaces.
t oo-�a � �3
2 However, the site plan shows all spaces (required parking and spaces for the vehicles on
3 display) as 10 feet wide and 14 feet long. To comply with zoning code regulations,
4 changes would need to be made. One of the customer spaces would have to be 16 feet
5 wide to comply with ADA requirements for handicapped pazking. The length of the
6 required customer/empioyee parking spaces would have to be increased to 18 feet, as
7 indicated in Section 62.104(4) of the zoning code. The width of the non-handicapped
8 spaces, now shown at 10 feet, could be reduced to nine feet and remain in compliance
9 with the code. It appears that the extra lot area needed to accommodate the handicapped
10 space width can be more than made up for by the lesser width required for all the other
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spaces.
The length of the spaces for the vehicles-for-sale would have to be increased to 16 feet,
while the width, now shown at 10 feet, can be reduced to eight feet. (Site plan staff
generally uses the "compact space" dimensions cited in 62104(5) as the minimum
requirements for vehicles being displayed for sale.)
If customer and vehicle-for-sale parking spaces are increased in leno h to comply with
the code, the arrangement shown in the site plan would leave a 19 foot lane between the
customer parking and the line of vehicles-for-sale; the code requires 20 feet It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parking spaces and some of the vehicle-for-sale spaces on the east side of the lot were
exchanged.
Section b4300( fl of the zoning code states, "The planning commission, after public hearing, may
modify any or all special conditions, when strict application of such special conditions would
unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure
and would result in exceptional undue hardship to the owner of such property or structure;
provided, that such modification wili not impair the intent and purpose of such special condition
and is consistent with the health, morals and general welfare of the community and is consistent
with reasonable enjoyment of adjacent property.
Staff finds that the size of the requested modification, 4,440 square feet or approximately 30
percent, from the required minimum lot azea, is not consistent with reasonable enjoyment of
adjacent property nor the intent of the code to limit outdoor auto sales to larger lots.
Whereas, Pursuant to the provisions of Leg. Code § 64.206, Douglas Berends duly filed
with the City Clerk an appeal from the determination made by the Planning Commission and
requested a hearing before the City Council for the purpose of considering the actions taken by
the said Commission; and
Whereas, Acting pursuant to Leg. Code §§ 64.206 - 64.208, and upon notice to affected
parties a public heazing was duly conducted by the City Council on August 9, 2000 where all
interested parties were given an opportunity to be heard; and
Whereas, The Council, having heazd the statements made, and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission, does hereby
Resolve, That the Council does hereby uphold the decision of the Planning Commission
to deny the said application and to adopt as its own in support of the Council's decision herein,
the findings in Planning Commission of its Resolution No. 00-35; and be it
e,> s�
j '� 0 ^ � �,1����
2 Finally Resolved, That the City Clerk shall mail a copy of this resolution to the Zoning
3 Administrator and the Planning Commission and to the appellant, Douglas Berends.
OR1GIi�AL
Requested by Department of:
By'
Apps
By:
By:
Form Appr d by City Attorney
By: �(� 4/M/L'�-� �V � /� �c p
Approved by Mayor foY Submission to Council
By:
Adopted by Council= Date ��0�
Adoption Certified by Council Secretary
d�o-�o�0
,
GREEN SHEET
N�106122
Peter Wazner - 266-8710
�T BE ON COUNCIL AGH�I BY (QqT�
NOVCII1bCI Ol, ZOOO
TOTAL �E OF SIGNATURE PAGES
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❑ wu�cuLLiilMe�sow. ❑ wuxu.�aFRln.ccro
�Y`IOR(ORI1f0iY1f) ❑
(CL1P ALL LOCATIONS FOR SIGNATURE)
Memorializing the decision of the City Council on August 9, 2000, denying the appeal of Douglas
Berends to a decision of the Planning Commission denying a request for a special condition use permit
to allow for a used car sales lot at 1170 Arcade Street.
PLANNING COMMISSION
CIB COMMffTEE
CNIL SERVICE CAMMfSSfON
Hx u,ic v��m� everwori�d ��ae. a�r�t�aa r� mis aepartmerM1')
VES MO
Flas Mis D�� ever bee.n a ary anPbYee7
YE3 NO
Does tltis peroakrm posroec e aldN not normalypoesessetl by arry arrent dty empbyce?
YES NO
Is thia pemaNfrm a tarpetetl ventlort
� �
atqc� W nreen sheet
II�»'i•Y�e�i
c�csx.r�e.7
inFOw.unoN (owwM
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✓
CITY OF SAINT PAUL
Nonrs Colemars, Mayor
October 20, 2000
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal of Douglas Berends
Zoning File No. 00-127129
City Council Action Date: August 9, 2000
Deaz Nancy:
L+C'�'f" "ec��%vs? ° �'iB�}2t
.:�E, :
�' � 9 . ' ��o��
_�
Attached please find the signed original resolution memorializing the Council's decision to deny
the appeal of Douglas Berends in the above referenced zoning file. Please place this resolution
on the Council's Consent Agenda at your earliest convenience.
If you have any questions, piease don't hesitate to contact me.
Very truly yours,
irLr�I� �^'!�'Gi�v�`a—�
Peter W. Warner
Assistant City Attorney
OFFICE OF THE CITY ATTORNEY Q O'I
Clayton M. Robinson, Jr., Ciry Attorney
Civil Division
400 Ciry Ha[[ Telephane: 6�7 266-87l0
ISWestKelinggBlvd. Facsimile:6i1?98-5619
Sairst Pau{ Minnuota 5�102
PW Wfrmb
Enclosure
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
ORIG��IAL
CTTY OF SAIIVT PAUL
Norm Coleman, Mayor
Divisian ojPlm�ning
25 West Fourth Sbeet
Saint Paul, MN55102
30
Telephone: 612-266-6565
F¢csimile: 672-228-3314
.�,� ri
_tt ��� -
, Jllly ig� 2���
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
I would like to confirm that a public hearing bef
August 9, 2000 far the following appeal of a Pl
special condition use permit:
A�pellant: DOUGLAS BERENDS
FileNumber #00-135-723
Pui �ose:
Address
Appeal a Planning Commissi
permit to allow for a used caz sa,cs �o�.
1170 Arcade Street (southeast comer of Rose and Arcade)
Le¢al Description of Pronertv: Lots 14 and 15 Block 8 Eastville Heights
Previous Action
Planning Commission Recommendation: Denial; vote: unanimous, June 23, 2000
Zoning Committee Recommendation: Denial; vote: 6-0, June 15, 2000
D I�
use
My understanding is that this public heazing request will appeaz on the agenda for the August 9, 2000
CiTy Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger.
Please call me at 266-6554 if you have any questions.
Sincerely,
�(�.i✓�-f..(,j_ �/ '� 1��---
J
; '�ancy Frick
�'�'sity Planner
l cc: File #00-135-723
File #00-127-129
Pau1 Dubruiel
Cazol Martineau
Wendy Lane, LIEP
7� .�,1 ���t �
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�,�Jr ,
� �
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_—= 81: -PAOL IEGAL i r¢nnun s'
ozooes�s
• �srxvn* •
� NOTiCE OF PUBLTC HEARIZiG
The Saint Pau1 City CounciI wtll con-
ducfi' a public hearinb on Wednesday,
Aa�.ist 9, 2000, at 5:30 p.m. in the City
Council Chaznbers, Third Floor City Hall,
15 West Kellagg Bouievard, Sauxt Paul, �NIN
to consider the appeal of Dougtas Serends
to a decision of the Planiurig Commission
denying-a request for a special condition
use permit to allow for a used car sales lot
on the pmpe.rty at L370 Arcade Street
(southeast corner of Rose and Arcade
s��l. .
Dated July 18, 2000 - . �
NAPICY ANDERSOI�I
Assistant CYty Cotineil"Secretary -
. CJuly201 -
I� � i i
: 'n
:a.a.. . [� a � u
..�� a �t � � ��• �a
i, > 1 I �
CITY OF SAII�T PAUL
Nosm Co[emmt, Mayor
August 3, 2000
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Aall
Saint Paul, Minnesota 55102
25 Weat Fmvth Sueet Te7ephane: 651-266-6626
SaintPau;MN55702 Faemnile:651-22&3347
RE: Zoning File #00-135-723: DOUGLAS BERENDS
City Council Hearing: August 9, 2000, 530 p.m. City Council Chambers
�
PURPOSE: Appeal a planning commission decision denying a request for a special condition use permit
to allow for a used caz sales lot at 1170 Arcade Street.
PLANI�TING COMMISSION ACTION: DENIAL; vote: unanimous
ZONRVG COMMITI'EE RECOMMENDATION: DENIAL; vote: unanimous
STAFF RECOMMENDATION: DENIAL
SUPPORT: Two (2) persons spoke.
OPPOSIT'ION: No one spoke. Two letters. Three telephone calls. The District 5 Payne Phalen Planning
Council voted to oppose the special condition use permit.
Deaz Ms. Anderson:
DOUGLAS BERENDS has appealed the decision of the Saint Paul Planning Commission to deny a
request for a special condition use permit to allow for a used car sales lot at 1170 Arcade Street. The
Zoning Committee of the Saint Paul Planning Commission held a public heazing on the request on June
15, 2000. The appellant's representatives addressed the committee. At the close of the public heazing
the committee voted unanimously to recommend denial of the permit. The Planning Commission upheld
the Zoning Committee's recommendation to deny the permit on a unanimous vote on June 23, 2000.
This appeal is scheduled to be heazd by the City Council on August 9, 2000. Please notify me if any
member of the City Council wishes to have slides of the site presented at the public hearing. The appeal
packet is attached.
��
Sincerely,
`�� �� c�
U
Nancy Frick
City Planner
Attachments
cc: City Council Members
Douglas Berends
J. Anthony DeRungs
Peter Wazner
Wendy Lane
D3strict 5 Planning Council
File #00-127-129
�"�"ea�`a� - _: -- _
APPLiCAT
Deptrrtmeni e
Zoning Secti�
�� IIOD Cit}• Ha
25 lf esl Fou;
Saint Paul, D
26G-6589
APPELLAt1T
PROPERTY Zoning File Name S^ec�u ;.o:ir�.4e; i;� -�: ;z E-.�;��.�
LOCATION
Address/Location 1i70- �cace S�reet
co:.ing Fiie � ��-227-:.<
TYPE OF APPEAL: Application is hereby made for an appeal to the:
� Board of Zoning Appeals C;3 City Council
�nder the provisions of Chapter 64, Section , Paragraph of the Zoning Code, to
appeat a decision made by the 2�--�;z;- � o = Di li.- �__.�-__
on i�e 23 , 1�j�. File number:�^-?;-_;��
(dafe of decisionJ
I GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement,
permit, decision or refusal made by an administrative o�ciai, or an error in facf, procedure or •
finding made by the Board of Zoning Appeais or the Planning Commission. • �
1• izss s��ce is re�:irea _°or �i�.is ��se� c� loL t.::e:: ot^.er� :;��se t:^_e a.-: ier
.-_oes not pe:.foxn a-�y ca: �repara�.on or. �iis site. :;� se�wice ::a�s a�.-e ;ieec
2. u�e use 7.S COti1S`i.0'1 ori�: i::.E zei�: .''.X�Ti.CCG. �i::2T �f_:1Ct2 �195 are r.ace i
�zis area. It is a.;.icht i:se ca.; erei� ��:t ?ri�ac�T s�.xt �c
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ttach additiona! sheet if necessary) �re at�c`.ac
AppticanYs signatur�,� nii ��/,{i� ���/�/t/l.C�/1� Date � lZ 00 City agent� b
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Application for Appeal of Deniat of SCUP
Douglas Berends
1170 Arcade St., St. Paui
File #00-127-129
Page 2
C�
4• The parldng, vehicle placement and lane width requiremems aze all acceptable as
recommended by the Planning Commission. An alternarive arrangement of the vehicles
for sale and for customer parking can be accommodated.
FolIowing the meeting of Thursday, March�, 2000, I met with the District 5 Planning
councit communrty meeting participants. More than half of the people at the meeting spoke with
me at the conclusion of the meeting. Contrary to the Dist. 5 Ptanning council report they were
� opposed to my development of the lot as proposed. They expressed to me that if the alley
was blocked off so that there would be no commercial use of the alley, they didn't believe tbe
commercial use would be of damage to the surrounding properry. They were more interested in
whether the pay phone could be removed with which I am in complete agreement. If there aze
people in the azea that the neighbors find offensive, it is more likely due to the accessibility of the
pay phone than used vehicle sales.
I will not be operating a convenience store or gas starion as the tot has been used in the
past, both of which amact large numbers of customers. I anticipate use of appro�mately 15 �
customers per day with a single lot saIes person. Based on my conversarions the neighbors
indicated they believed less appealing business could be on this lot. There were three people who
expressed clear opposition to my proposai. They wanted the lot to be green sgace with no
business of any kind on the lot. Uniess the City wants to acquire the property, I don't believe the
lot can be so restricted.
This Special Conditional Use Permit application needed to be judged on the merits of the
business proposed. There will be no gas pumps, tanks or overhead canopies alI of which have
already been removed. The property will be properly resurfaced with asphalt, graded and drained
to dispose of any surface water accumulated in the area. I would also resurface the adjacent alley
way if approved by the City. The vehicle entrance and exit is on Arcade, approximately 100 feet
from the Rose Street intersection. The business will not increase local street usage.
I do not intend to perform an repair or refinishing work on vehicles at this site. When the
minimum lot size for a motor vehicle�usiness was set, service bays and building space for parts
and equipment storage had to be considered as a necessary part af the business. I already have
another site for vehicle preparation. The existing bnitding would be occupied and used as a sales
office. It will no longer be sitting vacant and unused. A five foot cedar privacy fence will be
installed on the back property line to separate the Iots and a 20 inch cedar fence will be installed
on the front property line on Arcade and atong the alleyway to bIock it off. Curbing is already
present on Rose SYreet and the Rose Street access wi11 be closed off.
Please refer to the scated site plan previously suppiied along with the pictures of the �
current condition of the property including the building.
- - - -- ��:-�
- - �" -- � � - =�'.
�
�
ciijr of saint paul
planning commission resolution
fiie number _ „�_� �
date � 6�ZS�oo .. .. . -
-- �,-.:m::>_���: ;,::._
_ _ - _ - --,� -
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tVHEREAS, DOUGLAS B£RENDS, fi[e �00-127-129, has �pplied for a Special Condition Use Permit
under the provisions of Section § 60.544(2) of the Saint Paul Legislative Code, to allow a used auto
dealership at I 170 Arcade Street; Iegally described as I,ots 14 and 15 Block 8 Easrvilte Hei�hts; and
«'HEREAS, the Zoning Committee of the Plannin� Commission, on 06/15/00, held a public hearing at
��•liich all persons present were given an opportunity to be heard pursuant to said application in
accordance �vitli t]ie requirements of Section 64300 of the Saint Paul Legislative Code; and �
�VHEREAS, Saint Paul Plannin� Commission, based on the evidence presented to its Zonin� Committee
at the pub(ic hearing as substantially reflected in the minutes, made the follo�ving findings of fact:
The applicant, Dou�las Berends, has a purctiase agreement dated March 15, 2000 for the
properry at 1170 Arcade and proposes to establislz a used car business at the site. The property is ..
a vacant Ashland gas station. The applicant has provided documentation from the Minnesota
Pollution Control Agency that the underground tanks have been removed. The pumps and
canopies have been removed. The building remains and the applicant plans to use it as the
business office. Thz applicant intends to have one employee per shift.
Section 60.544(2) of the zoning code permits outdoor sales space for the sale of automobiles
subject to tl�e follotivin� conditions:
TI:e lot or area s/ra1! be provided rvitlt a perma�rent, dttrable tu:d tlusfless sttrface, arzd
slra!! be gratled a�zd drained as to dispose of al1 surface tvafer accrrn:rdated fvithin ihe
areu.
This condition is met. The lot is paved; drainage is assumed to 6e satisfactory.
2. Vehicular access to the outdoor sales area s/eall be at least sisty (60) feet from tl:e
interseclior: of ntty iwo (2) streets.
This condition is met. The access from Arcade is approsimatel}• 100 feet from the
intersection of Rose and Arcade. The applicant proposes closina the access on Rose
�vith a cable fence. The applicant also proposes closing the access from the alley with
�vood fencina and a cable fence atong the alley, as shown on the site plan.
moved by Gervais
seconded by
� in favor Unzzi�°°5
against
Z.F. #00-127-129
Page 2 of Resolution
3• Nn rep�rir or refifzisliing s1:�11 be done or: rhe lor uizless cox�lucterl witlrisi R conrpletely
enclosed builrling.
This condition is met. The app(�cant states that no repairor refinishine «•ork �vi(1 be
performed on tfie premises and tliat atf vehicles offered for sale n�ili be in qualiry
condition.
4• T/ae ptbai»tum !ot area slrall be ftf?eei: t1:ot�sand (IS,000) square feet. A site plan sJ:all
be srrbnrit[ed slaorving tlre layout ojtlee ve/riclesforsal or re�zt, e»�ployee prrrkino
custamerparking.
a . lltid .
�
This condition is not met. The lot size is 9,760 square feet. Ifhalfthe aftey is used in .
computino density as a[Iowed in Section 63.104 of the Zoning Code, the area increases to
10,560 square feet. This is ste(! 4,440 square feet less than the minimum required by the
code. The applicant is seeking a modification ofthis condition.
3 • Section 64.300(d) requires that the p(anning commission make the foltozvin� findings before
grantin� approval ofa principle use subject to special conditions:
a- T/ee eztent,location and inletuity ofthe use rvill be irz srcbstantial conrpliar:ce witlr tl:e
Saint Parrl Comprel:ensive Plar: and �zrry applicable subarea plar:s whide rvere
�rpproved by the cify cormcil. �
This condifion is met. The proposed use is in substantiai compliance �vith the
comprehensive ptan, given that the B-3 zoning district is intended for this kind of use.
b• T/te rrse will provide adequate itze ress ¢nd egress io »:ittinrize irrtffc congestion in tl:e
pub[ic streets.
This condition is met. The applicant site plan indicates access from Arcade
approsimately 100 feet from the intersection of Rose and Arcade. �
�- Tlte trse tvill not be detriment�rl to tlre ex�sting clraracter ofilre developa:ent in t/te
imnrediate trei� hborlrooct or e�zd¢nger Ure public leealtle, safety mad general weljare.
This condition is not met. �Vhile the use is permitted in the B-3 zonine district, and
while the applicant has proposed site improvements includino a five-foot cedar privacy
fence along the rear property line �vhere the site abuts residential use, and a hventy-inch
wood fence aloa� 8�e front property Iine to prevent cars from hangin� over tIie pubtic
side«�al[:, tlie small size of the lot makes the proposed use detrimentat to the immediate
neiahborhood.
<< T/re rrse �vill i:ot inrpede t/:e �rorn:a! and orderly derelopnzetat a�rd inrprovemetrl njllre
srrrroundiito pr�perty for trsespernritted in tlze district.
� �tis conui[iun i; not meL A_�ain, ������ thz u;e is co:isisteizt ���i�h t�t; £z-3 z.:;litt� district, �
the detriment to the neial�borhood character posed b} locatin� thi; usz on z�•zry smail lot
�
. Z.F.#00-i27-I29
Page 3 of Resolution
e.
° �.:
G�4�;�330
J,_�� .:.
is an impediment to impcovement and development of other properiy in the district_
The rrse s1ia1l, itr all otlter respects, confor»: to the appticable regttlations of tl:a disirict
in whide it is located
This condition is met, �vith some rearrangement of parking spaces on tlie siTe pIan. The
use is permitted in the B-3 zoning district. The parking requirement of one space per 400
square feet of office space and one space per 2,000 square feet of outdoor sales spaces
Yotals five spaces for a lot and building U�is size. The site plan indicates five spaces.
Ho�vever, the site plan sho�vs all spaces (required parking and spaces for the vehicles on
display) as 10 feet �vide and 14 feet lona. To comply wit6 zoning code regulations, •
clianges would need to be made. One of the customer spaces would have to be 16 feet
wide to comply with ADA requiremeats for handicapped parking. The len�th of the
required customer/employee parkin� spaces would have to be increased to 18 feet, as
indicated in Seceion 62.104(4) of the zoning code. The width of the non-handicapped
spaces, notiv sho�vn at J O feet, could be reduced to nine feet and remain in compliance
with the code, lt appears that tlte extra lot area needed to accommodate the handicapped
space width can be more than made up for by tl�e lesser width required for all the other '
spaces.
� The length of the spaces for the ve6icles-for-sale �vould ha��e to be increased to 16 feet,
while the �vidth, no�v shown at 10 feet, can be reduced to ei�ht feet. (Site plan staff
generally uses t6e `�compact space" dimensions cited in 62.104(5) as the minimum
requirements for vehicles bein� displayed for sale.)
If customer and vel�icle-for-sale parking spaces are increased in lensth to comply with
the code, the arrangement sho�m in the site plan «�ould leace a 19 foot lane behveen the
customer parkino and the line of veliicles-for-sale; the code requires 20 feet. It appears
that the minimum lane width of 20 feet could be achieved, if the location of customer
parkin� spaces and some of the ��ehicle-for-sale spaces on the east side of the lot were
exchan�ed. '
4. Section 64300(� of the zoning code states, "The plannine commission, afrer public hearing, may
modify any or atl special conditions, when strict applicafion of such special conditions would
unreasonably limit or prevent otherwise lawfu{ use of a piece of properry or an esisting structure
and �vould result in escepiional undue hardship to the oticner of such property or structure;
provided, that such modification �vitl not impair the intent and purpose of suc1� special condition
and is consistent �vith the healtli, morals and general �velfare of the communit}• and is consistent .
�vith reasonable enjoyment ofadjacent propeRy.
Staff finds that the sizz of the requested modification, 4,440 square feet or appro�imatet}� 30
percent, from the required minimum lot area, is not consi;tent with reasonable ei�jo}�ment of
adjacent propertt• nor the intent of the code to limit outdoor auto sal�s to lareer lots.
� I304V, THEREEOKE, BE 1T RESOL�jED, b}• thz Saint Paul 1'lanning Commiss(on, tiia� unti�r the
authority of the Cit}•'s Lesislati�•e Code, t(ze application for a Special Condition U;e Permit to allow
Z.F. #00-I27-129
Page 4 of Resolution �
outdoor sales of used automobifes at 1170 Arcade Street is herehy denied, based upon Findina 2(d), that '
the minimum lot size condition is not met, Finding 3(c),•that the use may be detrimental to the existing
character of tfie development in the immediate neighborhood, 3(d), that the use may impede the normal
and order(y devefopment and improvement of the surrounding property for uses permitted in the district,
and Finding 4, that the size of the requested modification, 4,440 square feet orapproxi�nate(y 30 percent,
from the required minimum Iot area, is not consistent �vith reasonable enjoyment of adjacent property nor
the intent of the code to limit outdoor auto sales to larger lots.
�
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City Hall Conference Cenfer
15 Keflogg Boulevaid �
Minutes of Jane 23, 2000
A meeting of the Planning Commission of the City of Saint Paul �vas held Friday, June 23, 2000, at 8:30
a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Engh, Fazicy, Zimmer Lonetti, McCall, and Morton
Present: and Messrs. Anfang, Corbey, Dandrea, Field, Fotsch, Gervais, Gordon, Kramer, and
Margulies.
Commissioners
Absent:
Mmes. *Duarte, and Messrs. *Kong, *Mazdeii, *Johnson, Alton and Shakir.
*Excused
��
II
�
Also, Present: Larry Soderholm, Planning Administrator; Tom Beach (LIEP), Al Lovejoy, Elvira
Barnes-Wycough, Lucy Thompson, Altan Torstenson, Virginia Burke, Nancy Frick
Jim Zdon Nancy Homans, and Martha Faust (Department of Planning and Economic
Development staf�; Patrick L,00nan and John Labosky of the Capitol City
Partnership.
Approval of Minutes of June 9, 2000
I.
Amendments to the mailed drafr of the minutes are as follows:
■ Page ttivo, paragraph seven to state Commissioner Gordon stated he asked City staff.
■ Pa�e t�vo, paragraph eight Commissioner Fie1d on behalfotthe Zoning Committee
moved tlrat tl:e petitio�r.
■ Page four, last paragraph to state Commissioner Engh stated that goin underground
would be allowed if feasible.
■ Page five, fourth paragraph, delete devefoper for and amend to state develoument of
the hotel.
MOTION: CommissionerEng/: moved approval oft/ee n:inutes ofJune 23, 2000 as
corrected, Con:missioner Field seconded t1:e nrotion. T/:e nzotion carried unanimously
on a voice vote.
Chair's Announcement
None
III Planning Administrator's Announcementc '�
Mr. Soderholm stated that Joel Spoonheim, Lucy Thompson and he of the planning staff
went to the Congress for the New Urbanism in Porttand, Oregon. They spent most ofthe
last week in Portland and it was exciting to see the strength of the mazket and the kind of
development that is going on, particularly in the downto�vn. They have had lightrail
transit for fifteen years and they have a very good bus system. He stated he will be
getting his slicles back in the near future and wili present more information to tEte
Commission,
Mr. Soderholm stated that pazking passes are availabte for commission members to pazk
in the Civic Center Ramp. Staff received calls from Commissioners who had passes,
used them and have run out. Passes can be obtained from Elvira Barnes-Wycough after
the meeting.
He also thanked Ms. Bam�s-Wycou�h for servin� as the Commission Secretary on a
temporary basis. A new secretary has been hired cvho cvilt be at the first PIanning
Commission meeting in July and we wi11 introduce her then. He thanked Ms. Bames-
'' Wycough for doing a terrific job without much training in this di�cult position.
Chair Morton stated that she �voufd also like to thank Ms. Bames-Wycough for helping
the Commission throuah this period of time and the commission members have enjoyed
working with her.
Mr. Soderholm reported that there have been meetings between the City staff, the �
developer and neighborhood representatives on Victoria Plaza. They have not reached a
conclusion yet, but they are exp[orin� an option for a smaller Victoria P[aza building and
a second ramp along the alley north of Grand Avenue. The City Council Iaid over their
resolution for one week. City Council has not taken a finai written action on the vote that
they took three weeks ago.
TV Publie Heariug
Brewen�/Ran-View Smalt Area Plan and Forfv Acre Studv
Nancy Homans introduced the area plan summary of ihe Brewery/Ran-Vie�v Small Area
Plan and the related Foriy Acre Study for public hearing. She stated that the plan
addresses the azea between West Seventh Street and the Mississippi River, the Boazd of
Edacation Offices, and 35E. Ran-Vietiv comes from Randolph and View Street.
Work beQan on Yhis plan in October of 1993, when the major issues in the area re[ated to
the conditions in the neighborhood immediately surroundine what is now the Minnesota
Brewins Company. At that point in history, the Planning Commisseoe and the City were
heavily involved in the production of small area plans and d�e plans themselves were
adopted by the City Council as chapters of the Comprehensi��e Plan. The Plannin�
Commission held a public hearin� on the original plan drafr on November I7, ] 995. At �
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the same time, that the plan was baing considesed - €or- adop�tioa, there'was a reaiization
that uses of the Koch Mobil site were changing. Neaz the middle of the adoption process,
Koch and Mobil decided Yo teave the tank•fazms viere on the way out, it did not seem •
feasible to adopt a plan for the area that had virtually no recommendation about the future
of the sixty-five-acre site in the heart of the city.
In Auaust of 1999 the task force was reconstituted and co-chaired by Planning
Commission member, Kathi Donnelty-Cohen, and $ecca Hine and Andrew Schmidt from
the West Seventh Federation. Today, the Planning Commission will hear testimony on
the summary of the azea plan and the relaYed Forty Acre study.
While the geographic emphasis and the format ofthe plan have changed, the goals have
notchanged:
The first is to increase the area's population. The West Seventh community has ]ost
population to the construction of I-35 and the United Hospital complex. They
recoanize the strena h of their communiry depends on having a larger population. .
'-' � The second goal is developing ne�v uses for aging industriai sites.
As a central city community located on rail (ines and the Mississippi River, West
Seventh was the model of a successful neighborhood in the industrial era. As the
economy cl�anged, West Seventh has been left with the remnants of that era. The
� railroad yard at Randolph and Shepard is gone, as are the tank farms on the Koch
Mobil site. The Crosby Lake Industrial area is one very successful response to that
chan�e, but ihis plan recommends a series of other and varied responses for those
sites.
� The third goal is cieaning up, renewing and restoring the residential and commercial
structuresin the neighborhood.
Ms. Homans stated that among the most important values that comes through all the
recommendations in the plan is that new development must be done in the context of
the existin� neighborhood fabric. West Seventh is one of those ciassic urban
neighborhoods wliere families stay for generations, where businesses are owned by
people who live down the street. White everybody kno���s that there is a change
coming to �Vest Seventh Street, they want that change to enhance the strength of the
comnatotity and not overwhelm it.
The fouRh goal is to connect the Mississippi River. This is an area where the
Mississippi River was given over to commerce, �vhere tank farms and rail yards stood
between the neighborhood and the river itself. 7he community is making real the
goal that redevelopment and renewal efforts should reclaim that river and provide
access to the river.
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Major recornmendations included in the p(an inctude:
I. RedevelopmenT of the Koch Mobil Site. Between I-35E aad Otto, Shepazd and West
Seventh Street. The site represents one of the largest and most excitina possibilities
for the whole city. It is an opportunity to make real all thaY tve have seY forth in this
pfan and the citywide chapters of the Comprehensive Plan. The Plan recoinmends the
construction of about 600 housing units, providing options for smaller St, Paul
households of various ages. Twenty percent of the units should be affordable. It also
recommends a modest amount of neighborhood commerciaf space, along West
Seventh Street itself, witb housina or office space above. She stated that this was the
point �vhere they had the most conversation in their p[anning process.
Ms. Homans stated that there were some who proposed that the Koch Mobil site
should be used for fair]y large scale retai! developmertt, feeiina that the creation of
such a commercial site would be a regional draw to West Seventh Street and improve
the health of West Seventh Street itself. After a discussion with the business owners
on �Vest Seventh Street, it is the task force's recommendation that it is neighborhood
scale commercial that does the most to serve the vitality of West Seventh Street.
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2. Further, the plan recommends the redevelopment of other industrial sites, primazily
the industriat site at Rando(ph and Shepard where the ADM elevators are today,
ADM stil] operates there; it is an important business and there's no recommendation
that the business be moved. Owners of the sarrounding petro[eum and railroad �
related businesses haven't begun their cleanup process yet, so much of the site is now
used for the storage of cars, buT markeT pressures rvill eventually build on this site for
a more intensive use.
The p[an recommends that the site eventually have a mis use but the detailed
planning can �vait until the market is cleazer about the direction and timing for
redevelopment of the site.
3. Renewin� the existing fabric ofthe community, There is a series of
recommendations related to rehab and renewal of residential and commercial
structures in the area. That work is well ander way. The West Seventh Business
Association has been very active in that process.
4. Strengthen West Seventh Street as a neighborhood commercial corcidor by improving
of the pl�}•sical character, adding to and the mix of businesses and creating an
environment where those businesses thrive.
5. Enhancins the parks, recreation and open spaces. This is an area that is right on the
Mississippi. They need to build a link to the river_
What �eill be before the Commission once it comes back from committee is the adoption
of The summan� of the plan, as a chapter of ihe Comprehensive P(an. There is also work
on land use resulations that we need to do. The Plan recommends that the Koch Mobil
site be re,idated throu;h a Planned Development, which involves al! the detaits of a �
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� devetopmeni coming in and xhe-�ity PlanninaComsnission and£ity Council esseatially
adopting a plan regulating the mix of uses, the setbacks, etc.
In the last week or so some of the zoning professionals have indicaYed that the Planned
Development toof is not very flexible and fltat some other mix of re�ulations would be
more appropriate. This will be addressed in the Neighborhood Committee. There aze
also two small neiahborhood pockets where the Forty Acre Study recommends rezoning
to the existing use. They were zoned for multiple family and that they remain single
family and townhouse azeas. Finally, the plan recommends rezonin; the �vaterfront pazk
land from industrial too residential.
In conclusion she stated that the ptanning process was a wonderful process for her even
with the length of time it took. The task force members were hard working and extremely
dedicated. She stated that Commissioner ponnelly-Cohen had to join in the middle of a
long and ongoing process and exercised an important leadership rote.
Commissioner Corbey asked if these �vere the last of the tank farms. Ms. Homans stated
that these are no more tank farms. This plan doesn't make recommendations for ai1 the
tank farm sites, but it does make recommendations for the major ones. There was one
right on the river - Union Oil had it for a while - and it was outside of this study area. The
Port Authority is working on that site.
� Commissioner Gordon stated that in auidetines that the Commissioners adopted
previously, with respect to approving these summaries, plans should provide for where
commercial and residential development should take place within the study area. This
one appears to identify some areas. He asked Ms. Homans �vhether she �vas satisfied that
fiiture commercial and residential development within this area is adequately addressed.
Ms. Homans stated that she would have to go throu�h it one more time to make sure that
there aren't any areas feft unspecified, but she believes eacl� portion of the nei�hborhood
and the future uses for those areas were systematically addressed. The existing fabric
dictates most of it and the plan does not recommend wholesale chan�es to that existing .
fabric. There are recommendations on al l of the major vacant parcels in the area.
Commissioner Gordon also stated that the Commission is cunentty working on the River
Corridor Plan as well and he can see that there is some overlap behveen this plan and the
River Corridor Plan. He asked whether she has had con�ersation with the parties working
on the River Corridor Plan to make sure these tivo are goin� to be consistent �vith each
other. Ms. Homans stated that she has and that she thinks that they are very
complementary.
Chair MoROn asked Commissioner ponnel(y-Cohen whether she had anythin� to add.
She stated that she would like to add that she did come in toward the end of this, but the
dedication> the work and the cooperation of the communit}� and those persons who stuck
with it all those years, even thou�h some mo��ed a�cay and came back to work on the plan.
� It was quite estraordinary.
Chair Morton opened the public hearing
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Marcy Groves, 1833 Ivan Way. She moved to the azea about rivo years ago. As a
community person, she called the West Seventh Federation and asked if she could get
involved in that small area plan and they totd her it was already approved. She went to
their annual meetina where she found out what was going on in their small azea plan and
she feels that the community was not involved like they should have been. Her
recommendation is tfiat it goes back to the community and the community peop(e have
their voices heazd and that their recommendations are included in the pian. With
recreation, we have kids that aze growing up and there could be more recreational
activities for them.
Holly Crouse, 1911 Knob Road, Executive Director ofthe Business Association
Revitalization Corporation. We have done thirty-eight projecu in the last eighteen
months up and down West Seventh Street. Her organization hopes to be more of a
sTreno h and a voice for the businesses a(ong the way. The only comment is that they got
involved very late in this process. She went to a meeting very late in the process and
asked for the businesses to have a voice. At that point there was an open meeting for the
businesses aad everybody rvas involved arsd zhey were able to get a!ot of the informaYion.
They would tike to see mixed use and many of the businesses would love to have more
people in the nei�hborhood. She thinks the plan is very well thou�ht out. She would like
to see more unified efforts in the future.
Kim Knudson, 224 W. Isabel Street. TUe last time she appeazed before the Commission. �
they were focused on the area around the Brewery. Sfie tfianked commissioners for the
support they gave to the Bre�very area redevelopment. It is looking very beautiful and
everyone has received it very �vell. The next phase of deve(opment is the River Bluff
Homes. She has tatked witU businesses all the �vay do�vn West Seventh. She �c�ent into
alf the businesses and asked �vhat they need in this area. They said, we need people. The
�rocery store by Champps said they were just han�ing on and it has chan�ed hands a�ain.
Then we got together with various groups of people and interviewed people and the
people said we need homes. Currently there aze only three homes for sale in Nest
Seventh Street and probably if you asked someone tomorrow, they �vill not be there.
People around West Seventh Street like to tive by their relatives. Older relatives don't
fiave a place to l ive if they want to set! their home. In this plan, �ce wanted to make sure
everyone was involved and people of all incomes would be able to qualify for these
homes.
You almost have to dri��e up to look at the beautiful majestic ri�•er. It just about takes
your breath a�vay, and to have the possibility of a huge buildins blocking this �vhole river
would be a true travesty and quite a waste. There are places for larger business, and they
are needed, but in the rio��t ptace. 7'his is a beautifiil area to reim�est in housino. You are
puttina brand-ne��• homes in an esistin� area and they can look like they have ahvays been
there. Tlie citizens of �Vest Seventh Street and Saint Paut need this plan. She supports
this beautiful plan and, for everyone ���ho has been involved, it �cill be a beautiful thing to �
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Dan Dege, 2145 Ford �arkway #20i inadvertently signed the wrong list. Said as an
observer it looks like a wonderful pian and a great opportunity.
Becca Hine, 757 Armstrong Avenue, stated that she was one of tite co-chairs of the task
force and is in support of the plan. She believed it is important to note that their
community is between the airport and downtown and should be "filled in" with quality
development. Two seniors on either side of her have had to move because they could no
lon�er take care of their o�m homes and they could not find affordabte housing in the
neighborhood. Senior housing itrthe new Koch Mobil site will be able to relocate those
people in our community.
Jim Walsh asked if his business, riaht across from the grain elevator at 615 Drake Street
is in the study area. He is ti�ht industrial and he objects to being changed to anything but
light industrial because now you have a huge problem with ethanot odors and he doesn't
see hoFV you can have first class housing with those types of odors.
Commissioner Gordon asked �vhat his business is and he stated it was sheet metal and
COOFRa.
Diane Gert/:, 909 Bayard, �vas also on the plannin� committee to put the pfan together.
� She is close to the Koch Mobil site. There is some tweaking that she would recommend
in zonin� in the small area plan, but obviously the use of that site is the biggest change in
our neighborhood. It is a tremendous opportunity to move forward in a�vay that the
neighborhood has ratlied around. She has lived in the neighborhood for about twelve
years and recognizes is that she is a newcomer and that many people are there for the long
haul. There are people in her block wlto are in their 80's who are living in the houses the}
were born in. They are very reluctant to move away from where their churches and their
families and their neighbors are. This does, for the seniors, open up an opportunity for
their houses to move back into the marketplace. 7his will help free up more single famil}
housing in that part of the City. Koch-Mobii is a former tank farm and the remediation
issues are real and she thinks they are being addressed. ln putting the plan together they
have tried not to do any harm to existin� businesses. This is a dense development, but it
is a big city space. We tried to include in the descriptions those things we value about our
neighborhood like front yards that are not dominated by gara�es, neighbors that are close,
a diversity of housing (clear in not trying to have a suburban devetopment placed in the
neighborhood). She urged the Commissioners to adopt the plan and move fonvard with it
so that they can do these exciting things in their neighborhood.
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Jeff Joiner, 575 Drake Street, Reoional Mana�er for ADM. He was at the Plannin�
Commission meeting a few years ago and when ADM had just purchased land that was
within the plannin� area. They do own the land and they are going through a process
where they are goin� to make the facility a�ery pleasing looking area. T4�ey are letting
the City of Saint Paul use the land where the oil tanks use to be, for the cement ptant for
Shepard Road. When they are done, there are a couple of plans to possibly use the land
and he would like to be involved. They hear about people knocking on doors and he has �
tatked with Nancy Homans, maybe twice in the past five yeazs, and he 6as been invited to
some meetings, but no one really comes and talks to them. The}� have some pleasing �
intentions for that land. A(so, he has �vorked their twenty five }'eazs and there are some
issues in the area, not on their land, but on the old Metalcote land. There aze a lot of
thinas there that are hidden and he be(ieves he can be of value.
Jin: Classen stated he just purchased his home at 818 Stewart. He said he agrees with the
gentleman about the smell at the ethanol plant. If he had kno�m that had been put in he
woald not have bought down there. It has a really foul odor. He lives right next door to
the Mobil site and it is an eye sore and he agrees that maybe they shoufd put housina in
there. He bought a duplex and he planned on renting it, but he doesn't know �vhether he
would ever be able to rent it with the smells. They say they �vant to clean up the
neighborhood and he a�rees. The homes on Stewart Avenue are run down and should be
repaired. He and his wife have been at this address for a year as of April 29 and they
�vant to get out, they are ready to sell. They had seen the site bein� brought up and
looking better and always liked livin� in the city. The street they live on is a real dazk
sTreet. It ]ooks like ti�ey have repaired some sTreets around the area, but the street I am on
is collapsing riaht in my front yard on the boulevard. There are a lot of things that should
be done.
Betty Mya�:, 974 West Seventh, West Seventh Federation. She addressed the smell issue.
Minnesota Brewing Company has put in an ethanol plant and there are hvo issues, smell �
and noise. The noise was taken care of this ���eek when the}• had a muffler put on. They
didn't expect that much noise comin� from ���hat they calf a c}�clone fan that circuiates the
corn inside the buildina. They have another scrubber en route from California and that
�vill take care of the smell coming from the CO2 that is being released into the air. Once
that is captured and they recycle the CO2 coming from the cooking process, the smell �vill
be �one. They have guaranteed us and we believe them that iheq wilt take care of this
problem and make sure that the neiahborhood does not have to deal with this. They sell
beer, they sell beer to people on West Seventh Street and Saint Paul and the Federation
does not want that business to go away. ,
MOTION: Conrn:issioner ponne[ly-Co/ten »:oved t/:at tlte Brewery/Ran-View Smr�[I
Areu Plan and Forty Acre Study be referred to tlre Neialtborl:oorl ar:d Current
Pla/tn�/tg Committee and tlae public /tearin:o be closed Conunissio�ter %ran:er
secnnded Tlre motio�: carried on a unanimous vnice votz
Commissioner Faricy stated that the date of the Nei�hborhood Committee meeting will be
Wednesday, July t2 at 830 a.m.
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Hocteev Areaa SiQn Stndv
Mr. Soderholm stated members ofthe Commission received copies of the Hockey Arena
Sign Zoning Study at the time the public hearing was scheduled and that additional copies
aze avaitable to anyone who �vould iike to have one as the testimony proceeds,
Mr. Soderholm summarized the Hockey Arena Signs Study before the pubiic hearing
started. He stated that the purposes of the Hockey Arena Zonina Signs Study are to allow
two lazge signs on the hockey arena that will have some advertisin�. Each one of the rivo
signs has an electronic message board and surrounded by the names of four corporate
sponsors of the team.
The City is the owner of the hockey arena and the team is leasin� the arena from the City.
The lease agreement, which �vas concluded before we got into the advertising sign zoning
study, provides that if these signs are allowed at the arena, the team will pay larger lease
payments to the City and over the hventy-five years it adds up to a si�nificant amount,
16.7 million doltars. He stated that we need to amend the zoning code and the temporary
moratorium on advertising signs on the downtown area to permit these signs. That is the
purpose of the study.
Mr. Soderholm presented some drawings to show the Iocations of the proposed signs.
Each si�n is just less than 600 square feet and the message boards are 360 square feet.
Staff recommends that we adopt new regulations to permit these siens as a permitted
accessory use at a professional sports facility that seats at least 10,000 people, if the
facility is (ocated in the downtown or industrial zonin� districts, with some required
standards for the signs. If the facility is on one aRerial street you can have one sign, if it is
on rivo or more, you can have two si�ns. The hockey arena has fronta�es on Kellogg,
West Seventh and Fifrh. The maximum size is 700 square feet and it counts toward the
business signa�e. Advertising signs are usually a large esception to the amount of square
footage a business can have. In this case, we are recommending that the advertising .
signs be included in the regular business signage for total square feet. We have some
spacin� requirements for houses of �vorship, schools, or residences. No li�htin� of the
signs is permitted between midnight and 6:Q0 a.m., and, of course, �ve need to lift the
temporary moratorium on si�ns downtown. These are the recommendations of the staff:
The Commission has been working on and shortly witl come out �rith recommendations
for tou?her re�ulations on advertising sians in the city. Mr. Soderhotm said he has
paused to think about «�hether there is justification for loosenin� our regulations for
advertising si�ns at the hockey arena. He believes this is an exceptionat case and that
these sisns should be permitted because:
■ These si�ns have a�ery clear public benefit. If �ve are ooine to have professional
sports, which the Mayor and the City Council have decided�then ad��ertising signage
is a customary financing method for professional sports teams. You see it at the
Humphrey Dome, Target Center and stadiums around the country. If we recognize
the public benefit of havin� professiona! sports in downtown Saint Paul, then the
signs come along as part of the package.
■ Compared to bil(boards, the total amount of sign-age is small. He stated that few
peop(e would object to advertising signs if the advertising signs were half the size of
the permitted business signs, but, of course, they are much lazger than business signs.
In this case the totaf amount of signaae on the azena is only 37 percent of the amount
of business sign-age the zonin� code would allow.
■ This building has gone through a public design review process, has been approved by
representatives of the public as a handsome baildin�, and the signs aze integrated into
the architecture of the buildin�, another major distinction between these signs anfl
billboards.
These are the reasons he is recommending that it is justifiab(e for the Planning
Commission to recommend approval of advertising signs at the azena, and not necessarily
be in favor of liberalizin� advertising sign regulations else�vhere in the downtown or
� elsewhere in the City.
Commissioner Zimmer Lonetti asked how bi� the sign at the RiverCentre is. Mr.
Soderholm stated that the existing messa�e reader board at the RiverCentre is about one-
fourth the size of the messa�e reader boards that will be on this building.
Commissioner Margulies asked whether Mr. Soderholm knew how it compares to the
Taroet Center in Minneapolis. Mr. Soderholm stated that he did not.
Mr. Soderhofm pointed out that the Commissioners received rivo letters, one from State
Representative Michael Paymar, tivho hopes that we will find an alternative to havin�
advertisin� si�ns at the hockey arena and one from Peter Coyle, who is at the heazing.
Chair Morton opened the public hearing
Peter Coyle, 7900 Xerses Avenue So., Bloomington, an attorney with Larkin, Hoffrnan,
Daly and Lindgren, Ltd. He spoke on behalf of DeLiie Outdoor Advertising and he was
joined by Paul Radermacher, a representative of the company �vho was available to
respond to any questions.
Mr. Coyle stated that he is a re(uctant opponent to the proposal. He is not opposed to the
idea that the City �vould like to attract needed revenue to support the arena and they
suppoR the idea that advertising signs fit as part of the business rriis to make the arena a
viable, successful, business enterprise for the City. What they object to is the procedure
that is bein� followed by the City, where it is cavalierly treatin� itself preferentially.
Other ton� standing basiness enterprises are not bein� afforded the same treatment in the
process that is being followed today, let alone within the lasc t���o to three years when
there has been an interim moratorium that has blocked consideration of private proposa]s
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for the construction of new advettis�w s aQns in Yhe City of Saint Paul.
He stated that ttte-moratorium that Mr. Soderholm spoke to was adopted by the City in �
1998 and it shut down any staff consideration of any advertising sia proposals, no matter
how meritorious. The process that has been played out by ciTy staff and by an. appointed
task force and now by a subcommittee of this Planning Commission has yet to produce
amendments to the city's ordinances. They understand that an amendment may be
forthcoming, but they have been told that for the better pact of a coup(e of years. Now
this process allows for City consideration of an exemption for itself that's coming,
essentially, out of left field in a manner that he thinks is patently unfair.
DeLite and other similarly situated pri�•ate companies have not been afforded the same
level of treatment by the City process and they object on that basis. The City adopted an
interim development moratorium better than two years ago. They have been attempting
to gain verification from City staff for at least a couple of months now as to how long
that moratorium will last, and they have yet to receive any response to their question.
He continued by stating that there are �•ery clear requirements in State la�v as to how
interim moratoria are to be applied. The first hallmark is they must be applied fairly and
uniformly. It is quite clear from t1�e process that the City is attempting to use the
moratorium process in a manner that favors its own admittedly commercial and financial
purposes, which he understands and doesn't fundamentally have a problem with. But he
does object when the City uses the process to favor itself to the disadvantage of private
similarly situated businesses, such as DeLite.
Mr. Coyle said that there is clear case law that says, when cities use the regulatory
process in this manner, it is patently unfair, and it is illegaL In this case, DeLite
submitted essentially a similar proposal to the city, approsimately sis months a�o and
DeLite was told that its proposal was untimely because of the moratorium. DeLite �vas
told to wait untit an overall solution to the advertisin� sian issue in the city �vas brought
forth and tl�at its proposal could be dealt with at that time.
Mr. Soderholm, he thinks, honestly characterizes the proposal today as a loosening ofthe
reaulations for the City's benefit so that they can capture a significant revenue stream.
Mr. Coyle agrees with that characterization. DeLite's proposat did not request any kind
of loosening of the city's standard. Its proposal was in full compliance �vith city code.
DeLite's proposal called for the removal of billboard space, ��hich is one of the primary
goals of the drafr report of the Legislative Advisory Task Force and of the Planning
Commission's committee. The arena proposal calls for no reduction or removal of any
sort of billboard space owned by Cih�. The City is an owner of billboard space and he did
not see any paR of fhe proposal including a recommendation that the City's existin�
billboards be taken down as paR of this proposal.
He said that there is an aspect of antitrust that needs to be raised. R'hen a cit}� ventures
off of its leQitimate domain of public po(ic}� formation and steps into the business world
as a private or quasi-private enterprise, which is ho«� the arena is set up to function, there
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are different rules and those rules require that you play on a level fie(d. This process is not �
a level field. When cities use rea latory powers to further their own business enterprise
opportuniYies, and to shut down similarly situated private ventures, thaT's i1legal. He
would like to note respectfully for the record DeLite's opposition on that basis.
They do not have a problem with the placement of adveRisements on the arena. He is
pieased to hear Mr. Soderhoim extollina the virtues of advertising for that purpose.
DeLite would like to have that same oppoRuniry in the Ciry of Saint Paul.
DeLite's proposal, and he apologized that it was not a part of the package that was
provided to the Commissioners, did not advocate any loosening of re�ulations. Mr.
Soderholm mentioned that the hockey arena proposal was of si�nificant benefit to the
City because of the financial opportunities afforded by the lease arranaemenf with the
owners of the hockey team. Those same financial benefiu accrue, not only to companies
like DeLite, but also to their property o�mers and he would like to have their
opportunities protected as wett. He stated that Mr. Soderholm indicated that the sia s are
relatively small and then he confirmed that they �vere four times the size of the electric
sign at the RiverCentre property. Mr. Coyle's guess is that they are probably about
average, frankty, relative to existin� advertising structures throu�hout Saint Paul.
Mr. Coyle stated that Mr. Soderhotm indicated that there was a public design process that
these signs have gone throu�h. All billboard companies and advertisin� sign companies
have to go throuah a review process that the City enforces and supervises. He said that �
DeLite's proposa! is a stron�er proposal than the one before the Commission and they
would asi: for equat consideration ofthat proposal on the same schedule as the hockey
arena proposal.
Commissioner Gordon said that Mr. Coyle's letter refers to the DeLite proposal that was
made to the City Council and was not accepted. He asked whether they witl be supplyin�
copies of that proposa[ to Commission members. Mr. Coyle stated that he wou[d.
Commissioner Gordon stated that he personally had seen the proposal, but did not think
many of the members had. ,
Mr. Coyle stated that he would like to make one correction to Commissioner Gordon's
statement. Th� City Council took no action on DeLite's proposal; it was tabted at the
motion of Councilmember Blakey, who was the author of the proposal, for the stated
reason that the consensus of the Councit cvas that it svas prematare and should be dealt
«�ith in the context of the larger resolution of the advertisins si�n question. This
underscores DeLite's concem that this process is bein� used unfairly to the disadvantage
of private enterprise.
Commissioner Gordon stated that �vith respect to DeLite's proposat, ifthe City had
aereed to it, the City would have had to lift the moratorium for every�one.
btc Coyte responded by stating that the City could have, but it would not have to have
done so. �
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Commissioner Gordon responded by saying that DeLite's proposal was designed to
enable them to gain some aduertisina signs while the moratorivm remained in effect for
everybody else, inciuding the City. .
No different from the proposal that is before you today, Mr. Coyle said, that is conect.
Commissioner Gordon asked ifthe City does not fift the moratorium for DeLite, then
dces Mr. Coyle contend that the City cannot proceed with advertising at the arena?
Mr. Coyle said that would be their contention, that is corcect.
Commissioner Gordon stated that it �vould deprive the City of approximately $385,000
annuatly or $17.2 million over the life of the arrangement.
Mr. Coyte stated that he is not privy to all the numbers, but it is no different from their
property owners who would like to be their customers under similar landlord/tenant
arrangements. That is correct.
� Jeanne 6i'eigum, 1647 Laurel, Saint Paul. Representing Scenic Minnesota, a nonprofit
organization committed to the visual improvement of communities and public road�vays.
Off-premises advertising si�ns impact surrounding residences and businesses. They
create visual clutter and detract from business signs, which local businesses use to attract
� customers and shoppers use to locate the goods and services which they seek. �Vhen off-
premise advertising signs are alfowed, other businesses must visuatly compete. To be
noticed, each business tries to sho�rt louder than the one nest door and the end result is
_ visual clutter.
Obviously, city planners were concerned about this in the past and the City Council, more
than a decade ago adopted regutations that prohibited new advertisin� signs downto�vn.
The B-4 zone allows no ne�v adveRising signs and they had very valid reasons for that
decision. Investors and people looking to live downtown have been able to count on
zoning to protect them from billboards being erected on adjoining property. Billboards, if
erected, would reduce tlieir enjoyment and the value of their property. Increasin�ly,
downtown has become a residentiat area, a trend which is playin� a vital rote in chan�ing
our urban core. Those w6o o�vn condos or rent don't need to «'orry about a lighted
billboard being erected which would mar tlieir views of the river or the Capitol, vie�vs for
which they have paid a premium price. Ifyou think this is a fantasy, imagine the people
who awakened one morning to discover a billboard erected on the top of the Colonnade
Buildin„ a billboard erected literally hours before it �vould have been i(legal to do so.
Scenic Minnesota opposes the modification of the downto«�n zonin� code to allow
advertisin� sians for five reasons:
• Do��ntown Izas been zoned to prohibit this t}�pe of si�naae for many years.
�
• Contrary to the fiill document that the city planners procided to you, which implies
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that the new azena signs were ne�otiated prior to these regulations, the regulations on �
advertising signs in downtown have been on the books for many years. You are being,
asked to reverse the trend of the last decade and a haff. ThaYs why it takes a super
majority of the City Council to modify the Zoning Code. If you read the planner's
report to you, it imp[ies that this is a done deal--people signed off on it, names are on
the dotted }irte, it is too late to change. This is simply not true.
Those who negotiated this contract gave away something they did not have, they gave
away your vote and they gave the vote of the City Council away. They had no right
to do that and now they expect you, as the Ptanning Commission, to roll over and say
they've done it, fine with us�It does not need to be fine with you. You can choose to
vote the way you think you ought To. The azgument has been made that anless we
get the development revenues from these biliboards, the taxpayers will have to pony
up $390,000 a year. She sugaested making a slightly different argument. She bet that
if we put biliboards on Como Conservatory, the Ciry could make $100,000 per year
easy, maybe $200,000 for biltboards on the side ofCity Hall. This is absurd loaic; it
is absurd because we have choices.
As you enter downtown Saint Paul from the East Side on I-94 now, the view of
downtown buildings is dominated by a billboard with a camera sign. Why on earth
would we now wish to mar yet another gateway to our beautiful city?
The decision we make today, we �vilt have to live with for decades. Sometime ago a �
body, perhaps the Planning Commission, approved a billboard advertisina type si�n
on the side of the West Seventh Street Hardware Store. It has said Milwaukee Tools
for decades and it's still there. Hardly anyone today thinks that sign was a good idea.
The same goes for the sien on the top of the Colonnade Building. Somebody a while
back thought it was a good idea and no�v hundreds and thousands of us live �vith the
consequence of that decision. The Ptanning Commission can make a good decision
today for the lona tertn appeazance of our communit} b}� opposin� advertisin� signs
on the hockey arena.
The zonin� amendment, as she reads it, appears to address the issue of night lightina.
On Mr. Soderholm's overhead sfide, he said there won't be any night lightin�. But
the draft ordinance appears to sa}• that there n:ight not be any, that if too many people
object, there won't be any. She has learned that there are euphemisms for blinkina
artd flashing lights. They no loneer blink and flash. The}� strobe and move azound,
�chich increases the bli�hting impact on the neighborhoods.
• Increasing billboard advertisin� in St. Paul is not a good idea. The trend has
increasin�ty been a�vay from it. It is a step back�vard and tfiere is no compelling
reason tivhy you, as a Planning Commission, should aeree to reverse the trends of the
last decade. She encoura�ed the Plannin� Commission to �ejec[ the proposal.
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� MOTIOPT: Comn:issioner Gordon moved to close tl:e public hearing and to accept
wriSen teslimony unti! Tnesday, June 27 at 4:30 p.m, and also to refer t/:e Hockry
Arersa Sigas Study to t):e Con:prelaensive Planning Committee Commissioner Field
offered a friendly amendmenl to refer t/te matter to the Zoning Comminee for its
consideration on July 6.
Seconded by Commissioner ponne!!y -Cokeiz. Tlie motion carried on a unanimous
voice vote.
Commissioner Field stated that the Zoning Committee met on June 15. He was absent
and asked Commissioner Gervais to make the Zoning Committee report.
Commissioner Gervais stated that the Zoning Committee had one item of old business:
#00125-361 Precision Tune - Speciai Condition ITse Permit �vith Modification of
Special Conditions to alto�v reconstruction of an auto specialty store with a 6 foot
landscaped buffer area along the north property line (10 foot setback required) on a
9,760 sq. foot lot (15,000 square feet required). 360 S. Sneliing Avenue, NE corner
' Snelling and Jefferson.
There was no comment from the district counci(. No one spoke in support and two spoke
in opposition. The hearing tivas closed and a motion was adopted for approval �vith the
� following conditions:
I. That a majority ofthe Snellin� Avenue facade, the Jefferson Avenue facade that
covers the customer waiting area and the west twenty feet of the north building facade
be faced �vith brick similar in color to the commercia( buildin� on the southeast
corner of Snelling and Jefferson.
2. That the remainder of the buitding's facade be of rouah faced concrete hlock that
matches the brownish tones of the brick facade. �
3. That all landscaping, shrubs, evergreens and trees be watered and maintained.
4. That the front building setback off Snel(in� Avenue be 16 feet and that the applicant
be granted a parkin� variance of one space to accommodate the setback requirement.
With a vote of 6-0, the motion passed.
Commissioner Kramer asked whether Mr. Zdon, after the Zoning Committee had
completed its action on this case, had talked with the applicant and had found out if the
applicant believes they are able to build somethine within the parameters we have set out.
Mr. Zdon stated that he did send out a revised site plan to the applicant and the architect
has fonvarded it on to the owner of the properh. He stated that the architect, Mr. Dege,
� was in attendance at the Planning Commission meeting. YIr. Zdon conferred briefly with
Mc Dege and then indiczted that the applicant is �cillin, to move ahead �vith tLe revised
site p(an with the sisteen-foot setback. �
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MOTION: Commissioner Gervais moved to approve #00-I25-361 Precision Tune -
Specia! Condition Use Permit with Modification ofSpecia[ Conditions to aUow
reconstruction of an auto speciafty store at 360 S. Snelling Avenue, NE corner Snelling
and defferson wit1: conditions I-4 abnvz
Tlte motion passed on a unanin:ous voice vote.
Commissioner Gervais statin� that the foltowing new business �vas addressed by the
Zoning Committee.
#00-127-177 VoiceStream Wireless - Special Condirion Use Permit to install six
cellular antennas on an existing residentiat strucfure less than 60 ft. high. 33 Avon
St., NW corner of Avon and Grand.
The district council had no objection. No one spoke in support and no one spoke
opposition. The hearing was closed and there was a motion to approve the staff
recommendations.
MOTION: Conzmissioner Gervais n:oved tltat t/te application of YoiceStream Wireless
for a Special Conditiox Use Pern:it to allow t1:e ir:stallation of six (6) antennas on four
(4) poles and tlte related transn:iui�:g, switcl:ing and receivina equipment on ilte
builrling located at flze nortl:west corner of Grand and Avon be approved. �
The motion carried on a unaninnzous voice vote
#00-127-058 Sem le Excavatina & Truckina - Rezone from I-2 to I-3 to altow (with a
Special Condition Use Permit) processeng and recycling of concrete and asphalt on
site; 91 Ridder Circle.
Commissioner Gervais stated that no one spoke in favor, one spoke in opposition. The
public hearine was closed. There was a motion for denial. There was a 5-1 vote for the
denial. �
MOTION: Com»zissioner Gervais n:oved t/iat #0 012 7-058 Sen:ple Excavating and
Trackixe be denied.
Commissioner Engh stated that she was the vote opposed to the deniat because she aa eed
with the staff recommendation. She said there �vas either an absence of language or an
intemal inconsistency within the Comprehensive Plan. The Comprehensive Plan talks
about businesses near the river having a relationship �vith the river. Yet, this isn't
defined. She stated she needs a clearer statement of �vhat isn't allo«�ed before she tells a
business that their current use is not allowed; ue need to decide �vhat industrial uses aze
appropriate by the river before ��e tell business that the current use or expanded use isn't
aI lowed.
Commissioner Gordon statzd he voted on the other side of the issue. �Ve ltave lan�uage �
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in the Comprehensive Plan and the Land Use Plan that says new development in the flood
plain, or within 300 feet of the ordinary high water mad: "should have a relationship to
the river, a need for a river location, and/or should enhance the river environment" The
applicant was asked whether or not his application fe11 into any of those categories and he
clearly indicated that it did not. In para�araph three the staff report states that the
Land Use Plan, "supports continuation of industrial uses in appropriate portions of the
river corridor "
Commissioner Gordon stated that there are a couple of points �vhen there is more specific
language and more general lan�uaae in the document.
♦ First, the more specific controis over the general. So the specific reference to river-
related uses ought to take precedence over the general reference to continuation.
♦ Secondly, this is an application to expand the business that is going on; it is not
merely a continuation.
♦ Thirdly, the reference to continuation ought to include the references to river related
from the more specific langua�e.
Second, the machine that they take from site to site to crush the debris is portable.
Their proposal is to operate this machine on site and to open it up as a public area
«�here anyone can brin� in trucks of debris that could be crushed on site. This is not a
continuation of the existin� use. It is a completely ne« use and that is somethina he
could not rationalize doin�.
These points combined �vith all of the other thinss that tive allo�v �cithin the I-3 zone just
did not make ihe case to him to allo�� rezoning at this location.
For all the above reasons he believes the Zonin� Committee did the right thing and he
intends to support that motion.
Commissioner Field stated that he was not at the public hearing but he tends to side with
Commissioner Engh. As he looks at the staff report he thinks staff did a good job and he
agrees with the staff recommendation. He pointed out that there �vas a letter, submitted
afrer the public hearing was closed, in opposition, which �vas circulated to the
Commissioners at this meetins. He said he has a difficult time with the river-related
concept. Reserve Mining was related to Lake Superior, but not in a positive sense. The
«�ording is too ambiguous and vague. He believes he knows what the intention is, but it
confuses him and he will vote in opposition to the committee recommendation.
Commissioner Kramer said that the rivo things that made the decision for him on this
were:
• First, the fact that this is a rezoning to I-3. There are no areas adjacent to this site that
are zoned I-3. The rest ofthe area is zoned I-1, li�ht industrial, and I-2. I-3 allo�vs a
completely different set of operations to take place there.
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Commissioner Fotsch asked whether there was any other way of leaving this I-2 and
altowing a special use.
Commissioner Engh stated that she asked that same question at the Zoning Committee
meeting. Currently, the gentlemen is keeping the portable machine there and moving it to
construction sites to grind the material at construction sites. He wishes to crush materials
on the site, which is allowed in I-3, but not in I-2. Currently, he is storing ground up
concrete and construction debris on site. I-2 allows storing of materials, but it doesn't
altow the actual grinding of the material on site. There �vas some question of whether he
would be a licensed recycler, but it is her understanding That woatd need permits from
MPCA.
Commissioner Fotsch requested clarification on the answer.
Commissioner Field stated that the answer was no, you cannot.
Mr. Soderhotm stated that the zoning code is clear that rock or concrete cannot be crushed
in I-2, and it is cleazly and specifically listed as a permitted use with a Special Condition
Use PermiY in I-3.
Commissioner Gordon stated that we have a finite amount of land available for industrial
use along the river. As time goes on, it is going to be more in demand. That is why the �
Comprehensive Plan is beginnin� to limit the use of riverfront land to river related
industries. To the extent that industry needs to use barge traffic, there is only one place
that it could be, and that is on the river.
Commissioner Gordon said that the industry involved in this apptication can do basiness
in any of a number of places. We ou�ht to be encouraging those business to be in other
places to make the land available for those industries that need access to the river. This
appticanYs ordinary business is to take the crusher out to various sites. That is primaziiy
�vhat he has been doing. In denying this application to expand, he is going to be able to -
continue to do that. He could also relocate to any one of a number of other areas in the
city. He does not need access to the river.
Commissioner Gordon stated he agreed with everything that Commissioner Kramer said
and if it were to be approved to I-3, that woald open the door to not just one crasher on
site, but more than one crusher on site. It would also open it up to any other type of I-3
use that is permitted. For all these reasons, Commissioner Gordon stated that he thinks
this application should be denied.
Commissioner Corbey stated that he agrees �vith Commissioner Gordon_ At a recent
discussiort, the Port Authority told them that they are movine industries off the river as
their leases expire and encoura�ing companies that are barge dependent. He asrees with
Commissioner Gordon, that we should deny the application. y
MOTION: Conrnri.rsinirer Gervais moved to derr�• tlre npplictttinra for a Rezo:riirg fronz �
18
! I-2 to I-3 ofproperty located at 9I RidderC'ucle;'#Op=727.-OSS Semple Excavatitrg and
?'nuking, to alloiv processing and recycling ofconcrete and ¢rphalr on site
Chair Monon ca[/ed for a rol! call vote: Ten voted yes, foar voted no, (Commissioners
Field, Anfang, Engh and Folsclr vvted no}. T1:e motion carri¢d
#00-127-I29 Doun Berendr Used Car Lot - Special Conduion Use Permit to
allow for a used car salesloG II79Arcade Street, SE corner of Rose andArcade.
(Nancy Frick, 266-6559)
Commissioner Gervais said fhat tlie District Five Plannina Council is opposed to granYing
the permit. One person spoke in support and there was no opposition at 2he hearing. ��
hearing was cfosed and the committee recommended denial of the Special Cottdition Use
Permit on a vote of 6-0.
Chair Morton acknowledged communication from Ms. Frick, and asked her ifshe would
fike to address the Commission.
-' Ms. Frick stated that there was a Fnding in the staff report reaarding aI(ey access that has
been corrected. It was corrected at the Zoning Committee meeting and it is correct in the
resoluYion before the Commission today.
MOTION: Commissiorrer Gervafs n:oved to deny 1ke app[ication by Doxs Berends
� Used Car Lot for Specinl Coadilion Use Pern:iY to allow for a used car sales !ot at
II79Arcade St., SE corRer ofRose andArcade. The n:otion passed unanimously.
#00-127-4I6 U.S. West �reless - Specia! Condition Use Pernzil to a!!ow a cellular
antersna ot: fop oja new telepleoi:e/power po[e (52' tota! /teig/ri). Public ROW, soutl:
side of O/d Hudson Roatl, west of Birn:ingham (Nayicy Frick, 26G-6554)
Commissioner Gervais stated that no one spoke in support or in opposition to the
proposed antenna. The public heazing was closed.
MOTION: Comn:issioner Gervais n:oved approva! of #00-127-4I6 U.S. West Wireless
a Special Comlitioi: Use Permit to allow � celkdar nntenna on top of a new
telepkonelpawerpole (52'toral height) m: public right of way along the soutls side oj
O/d Flredson Road, west ofBirn:i�:a han: with contlitions for obtaining approvals from
Public Works arrd MNDOT. The nrotion carried o�z a ur:animous voice vote.
#00-127-312 U.S. West Wireless - Special Conditio�: use Pern:ir to allow cellular
antehnrrs to be located oia m: existing residential structure !es Ykan 60jeet Itiglr. 1469
R�ndolp/e, N ai:rlPascal, (Jan:es2tlon, 266-6559)
Commissioner Gervais stated that the public hearina was closed. The district council
made no comments, and no one spoke in support or in opposition. The Zoning
Committee recommends approval.
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Commissioner Zimmer Lonetti asked whether the antennas would be going above �
something that was already tftere.
Mr. Zdon stated that there are nine ante�nas, which wi11 be on top of the building, and
there is one gtobal positioning antenna, which will be attached to the side of the chimney.
The building is a three story tesidentia! apartment buitding.
MOTION: Commissioner Gervais moved approvn! of #00-I27-3Iz
U.S We�ess for a Specia! Condition Use Permit to a!!ow cellular ¢nlennas to be
located on an ezisting residentia! sfructure less fl:an 60 feet /:iglr at I469 Randolph,
NW corner ojRandolp/s and P�zs�Q/, Tlre vote carried on a unaniinous voice vot�
#00-12� 329 US West Wireless - Special Coadition Use Permit to allow a ce!lular
antenna on cr building less than 60 feet /rig/:• 2237 Commonwealtk, between Cnmo and
Keston. (Jnmes Zdon, 266-6559)
Commissioner Gervais stated that the Saint Anthony Park Community Council
recommends approval. No one spoke in support or in opposition and the public hearing
� - was cfosed.
MOTION: Commissiorrer Gervais moved ¢pproval oj#00-I27-329 U.S West Wireless
for ¢ Special Condition Use Permit ro allow a c¢llular ar:tenna on a building less than
60 feet lrig/r at 2237 Con:n:onwealtk, beiween Como rtnd Xeston. The vote carried on a �
unanimous voice vote.
#00-125-464 Tim and Mar Kowalski - ReZOne jrom RM_2 to OS-I, to create business
offrces, 39 Synddcate Streel Soutk, G¢tween Sumnzit and Grand
(Jan:es Zdon, 266-6559)
Commissioner Gervais stated that this item of business was laid over untit the next
Zoning Committee meeting.
#00-IZ6-gq4 E isco at ChurcJr Honte o MN- Rezorte from P-I mzd B-3 to IZM_2 to
a!!ow jnr expansion of U:e Episcopa! Cl:urclr Hnn:e rerirernenr community. SW corner
oj University �ri:d Fairview. (James Zdon, 266-6559)
Commissioner Gervais said that the Merriam Park Community Councit supports the
rezonin�. No one spoke in support and there was one individual in opposition. The
public hearing was closed and the Zonin� Committee recommends approval.
Commissioner Field asked what the nature of the opposition was.
Commissioner Gervais said that an individual who onned the business next door was
concerned about Fvhether any commerciat use would be on the property. He has assured
that there tivill not be any commercial use. The development tivill be part of the existing
senior housina and nursino home.
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MOTION: Commi,rsioner Gervair moy¢d to recommend approval to the C'tty Council
oftlre petition by the E�ircona! Chrrrch Home ofMNto mne from P-1 and B-3 to RM-2
to allow for expaRS�on of the Episcopal Church Home retirement community at the
Southwest corner of Universiiy and Pairvi¢w. The motian carried on a unattinrous
vot� ,
Commissioner Field stated that the neart Zoning Committee Meeting will meet on July 6
and the items of business will be:
#00-I2¢464 Jim and Marv Kowalski - Rezoae from RM-2 to OS-1, to create
business offices, 39 SyQdicate Street South, between Summit and Grand.
Hockev Arena Zoaing Sia� Studv
Brewerv/Ran_view Smali Area Plan and Fortv Acre Studv
#00-I31-514 Metropolitan Airoorts Commission - Modi£cafion of Special Condition
Use Peraeit £or construcfion of a dike to include filling of a wetland. Eatou Street at
Zafayette Road.
Comprehensive Committee Report
Commissioner Gordon reported that they have kad two meetings on the Mississippi River
Corridor Plan plas a boat tour of river sites. There is one more meeting schednled for
next week.
Task Force Reports - none
Old Business - none
XI Nerv Business - none
XIII Adjournment
The meeting adjourned at 10:40 a.m.
Recorded and prepared by
EIvira Barnes-Wycough, InTerim Plaoning Commission $ecretary
Planning and Economic DeveIopment Department,
City of Saint Paul
Respectfully submitted
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_ Larry 5 holm
Planning Administrator
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Approved
(Date)
Jennifer Engh
Secretary ofthe P[anning Commission
;: �: .��V. �:: ;:�; s_�=�t
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MINUTES OF THE ZOIJING CON1Ml7'fEE
Thu�sday, June.15, 200.0 - 3.3Q p.m.- _
City Council Cham6ers, 3� Floor`
City Half and Court House
'f5 West Kellogg Soulevard
PRESENT:
EXCUSED:
OTHERS
PRESENT:
Engh, Faricy, Gervais, Gordon, Kramer, and Morton
Fieid and Mardeti
Peter Wamer
Carol Martineau, Allan Torstenson, Nancy Frick of PED
7he meeting was chaired by Commissioner Gervais.
Adopted Yeas -6
� Drafted by:
�QI�(>
Carol Martineau
Recording Secretary
Nays - 0
Doug Serends Used Car Lof - 00-127-129- Specia( Condition Use Permit to allow for a used carsales lot.
1170 Arcade St., SE corner Rose & Arcade.
Nancy Frick showed slides and presented the staff report. Ms. Frick stated the Zoning Staff is recommending
deniai because the City Code finds that a used car sales lot is too large for the size of the lot. District 5 is
opposed to the Speciai Condition Use Permit.
At ihe question of Commissioner Gordon, Mr. Torstenson stated the difference between Precision Tune and
this case is; Precision Tune is impro�ing the !of they are already on. In this case the applicant wants to
locate on a lot that is too smalt.
Upon question of Commissioner Faricy, Ms. Frick stated there was a tetter submitted stating the applicant
is willing to reduce the number of cars parked on fhe (ot, and perform no car repairs on the site.
Mr. J. Anthony DeRungs, Representative of Doug Berends, appeared and stated Mr. Berends entered a
purchase agreement contingent upon an approvai of the Speciai Condition Permit, and that they attended
meeiings wiih the community group to receive their input. Mr. Berends made plans for severai changes to
this property. 1) Close off the ailey-way. 2) Address the concerns that were raised concerning ingress and
egress by closing oiF the road street access and using only the Arcade curb cut. 3) Biack top the entire lot.
4) Reduce the car spaces to 16 with 5 spaces for off-street parking. 5) There would be no trucks or signage
on the corner of Arcade to block the view. ' He also explairted there wouid be no junk cars on the lot, only
newer vehicies would be sotd. The anticipated customers per day would be approximately'! 0 wiih about
15 vehicles sold per month. Because of the size of the lot, it has been vacant for two years: It +s a hardship'
for the property owner because there is no revenue.
Mr. Zahid Hussaid, Owner of the Property, appeared and stated he was trying to seli the property forthe last
rivo years. He ciosed She station because the volume of customers did notjustify the cost of improvements.
7here have been few potentia! buyers because ot the size of the lot. A used car sales lot wouid one of the
few business that would work ihere. Mr. tiussaid also stated he was ciaiming a hardship because of
property t�es and no revenue received from the property.
Commissioner Morton moved fo deny fhe Speciai Condition tlse Permit. Commissioner Kramer saconded
it.
Submitted by:
f � t /L� �l.
Nancy Fri
Zoning Section
� /a30
Approved by:
4���:..���E'ix�-�b
Dennis Gervais
Chair
DEPARTMENT OF PLANNAiG
BrimtSxeenry, Direclo�
CTTY OF SAINT PALJL ZS ifest FmvdeStrcet TelepFwrte: 651-266-6626
Narm Coleman, Mayor Sainf Pav� MNSS102 Faesimik_ 6SI-22&3347
7une 14, 2000
To: Members of the Zoning Committee
From: Nancy Frick 7�.F
Re: Z.F. 00-127-219; revision to staff report and recommendation
Piease note that the application for a used caz lot at 1170 Arcade does not propose a second
access to the site from the alley, as stated in the staff report dated June 8, 200U. The site plan not
only shows a wooden fence along portions of the southem property line along the alley; it also
shows a cable fence across a 20 foot space between sections of fence, blocking access to the site
from the alley. With ttris, the finding regarding Section 64300(d}(b) is that the appIicafion
meets the general condifion for SCUPs regazding minim,�ino �c congestion. However, the
staff recouuuendaYion for denial on the basis of insufficient lot azea (Findings 2(d), 3(c), 3(d) and
4), stands. I communicated this information to the District 5 Community Council by telephone �
on June 13, 2000, following a conversation with the applicant.
cc: Douglas Berends
J. Anthony DeRungs
District 5 Community Council
�
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� - �iTT-OEINEY A�' LAW
3T 2Fst Street
Diewport, MN 55055
(65I) 458-0370 • FAX (6b2) 458-i 1C,R �
FAX TR�lt7S?SISSION C09�R SHESP
Date: 14 Jtuie 20�0
To: Nancy Frick
Plenning and Econamic Developmant
City of St. Paul
25 W. 4th St�eet
3t. Paul, Minnesota 55102
From: Tony DeRung6
Re: Douglas Berends Potential Purohase of 1170 Araade
Ms.Frick:
�,ttached you wili find a copy of my 13 June 2d00 letter.
� Please call with any questione cr suggestions.
-- � r . _C�A n
v �/
In the event you do not receive � page(s) of this document,
pZease caZl (612) 458-0170 for retxansmission. The documents
accompanying this firahsmission contain confidential and pzivileged
infoxmation whiah is intended only £or the 3ndiv3dual .inflicated
above. PLEASE NOTE THAT ANY DISCLOStTRE, COPYIN6, DZSTRIBUTION OR
USE OF THE CONfiENTS OF THIS INFORMATION TS PROHZBITED AHD MAY
CONSTITLITE AN ZNVASSON DF PR2VACY. Zf you hsve receivad this
transmission in error, piease notify us by teSephone (collect)
iamiediately so that we can arrange to ratrieve the dacumants at no
cost to you.
� ,
JUN 15�11
METROPOLITAN GRAUEt.CO IN --- 651 458'i168 F.82iP4
J• ANTHQNY DERUNGS
AT'TORNEY AT LAW �
3? 21sE Sfreet
Newport, M23 b5�i.5
(651) 458-QI70 • FAX (651) 458-11&4
23 May 2000
Nancy Frick
Planning and Economic.Development
City of St. Paul
25 td. 4th Street
St. Paul, Minnesota 55102
Payne Arcade Business Association
90o p$yne Avenue
Saittt Paul, Hinnesota 55101
Bruce Sylvester
District 5 Planning Council
1014 PaynB Avenue
Saint paul, Minnesats 55201
Re: Request For Conditional Use Permit
This letter is intended to address some of the concerne rafsed
in oppa�ition to the application Por conditional use permit
submitted by Douglas Berends for the pragerty at 1170 Arcade Street
in Saint Paul. I accrnnpanisd Doug to a meeting with the Dtstrict
Five Com�uunity Planning and Econamic Aevelopment Committee. We
listened carefully to the concerns stated at the maeting and have
addrassed as many issues as time has allowed, Fte look forward ta
warkiag with the City, the Payne J�rcada Business Association, and
the District 5 Community Blanning committee toward further
resolution of the issues raised, and toward zeasonable resolutions
to any other problems that arise.
Mr. Berends has decided to continue examining the feasibi2ity
of ineeting objections and working with the community toward
obtaining approval of a conditional use permit for 1i7o Arcade.
Mr. Berends will continue to attempt to address issues as they
arise, as he has addressed several of the issues raised by parties
involved.
First, objecti.ons fiied by St. Pau2 Planning and Economic
Development implied that Mr, Berends intends to accass 1170 ?,rcade
from the alley that runs perpenci3cular to Arcade. In a 13 June 200
telephone conversation with tiancy Frick, Doug eerends resolved this
objection by poi�ting out the chain fence along the alley that is
fncluded in the drawings eubmitted ssith the application. The
proposed use will not adfl a single vehicle to the trafPic in the
a� a= to the traPfie entering Arcade fram the alley. In fact
by blocking access from 11�o Arcade to the alley, the proposed use
�
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Y-� Wi ajB IIc3 P.83�iaC-
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� wi21 decrease use cg t.hg $22ey a�d trafPic entering Arcade from the
a22eY- Zn.aQdition, Mr. Berehds Kiil agree that in order to
mdint83n t.he best possible view of tza£fic crossing on Arcade, no
trucks, vans or high prafi2e vehicZes viil be parked in the first
three spaces from the alley.
Secol�d, the applicatian for a conditional use permft gs
requ3red Por the proposed use on th3e property because the lot size
is less than the ].5,00a square Peet required for Lhe saie of pre-
owned automobiles under the zoning code. The purpose of the 15,000
square faot requirement is, apparently, to limzt the number of
vehicles on t.he lot at azty given time. After discussing the issue
with the District Five Plann3ng counc3l, which "agreed that a
signiYicantly smaller number of cars would be necessary'� Mr.
Berends submitted a proposa2, inc2uding drawings, £or disp28y of
sixteen vehicles for sale an8 Pive ofF street parking spaces. Mr,
Berends re@uced the nutnber of vehicles displayefl for se2e by more
than twenty Rzve per cent (25$j, Tn response to this objection,
Mr. Berends wiil accept a limit on the number of vehicles that he
may show or store on the 2ot as a condition on his proposed use of
the property. $nPorcement of the oondition would be simple and
easy; in the event the number of vehicles displayed for sale on the
Iot exceeded sixteen, the conditions for the proposed use wou2d be
violated.
� Bruce N SylvesterW h st ted th t t u e D of the p operty for the sale of
pre-owned vehicles would-increase tzaPfic in that area of Arcade
and that ingreas and agress would be create a dangerous siLUation.
The �'acts indiaate the opposite impact on the traffic in the area.
Attached you wi21 find an Affidavit from the owner of the last
busfness operated on the property, a gas filling station, which
a tates thaL when he operated the last business on the property,
ppzoximately 250 to 275 customers per day visite@, an@ antered
and exited the premises. The business plan attached to Mr.
Berends' app2lcation states that his projection that approximately
ten people per day wi12 visit 2170 Arcade, and that he wil2 se].1
approximately 15 vehicles per month under his proposed use.
At the close of Mr, Berends' proposal, exp2anation and
responses to questions, the cammunity and neighborhood response was
not as negative as the views e3tpressed at the begianing of the
meeting, or as implied in the Keeting Not s furnished by Bre�ce
Sylvester.
Pleasa call with any additiona2 concerns you have, or with any
suggestions, or ideas, that wi22 heZp make this project work for
everyone. �ank �ou por your tfine.
�w - ��tlJ��lT'��.• r:i�
L • �' • •
JLA�1 15� 12
--
C7cTR(1POLS iHN GRHV� tA] !N __ _ ___ - - - - - .
._. 671 4�L3 llbt! � h'. t�4iN4
i, uwner of'1'otem Fovds, (nc., whiah owrts i J 70 Arcadc Street, S� nauJ, Mn.
estimate ibat when tkis property was useQ as a gas stalion and convenience store,
we had approximatety 2S010 275 customers per day.
W Tt:S'TIMONY Wf iF.RE.UP, I have set my hand this24`� day af May, 20Qq.
_. ~' � _ ..
--.. '�'��1
lahid luc�uin, Co-Owner
STA'1'I� OF MCNNFSQTA
CpUP1TY t)F RAN(SGY
"('he foregoing in�trumrat was acknowtedge{I btfore me thfs 24�' day of May, 200p by
7,ahid Hussain,
..����$�41...�..�� .. ._.
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� PAMELAA. BFlANT �
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y' Cl�v. 4lr.7�+. ]�. mo6
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� -. Z�NING Cp��gg RHPORT � .. - '
x¢====x
' F=� # 00-127-129
1. APPLSCAN'P: DOIIGLAS BERg�S
�� �F ��= 06/IS/00
2• �LASSIFSCATTON: Special Condition IIse
3. LOCATION: 1170 AACppE STREET (southeast corner of Rose an3 ArcaBe)
4. PLANL721J6 DISTRICT: S
5- LSGAL DESCRIpTION: Lots 14 and 15 B1k 8 Eastville Heights
6. PRSSENT ZONING: B-3
�• sTAF'8 INVBSTIGATION AND ggpORT:
s. aaxs R$csxvan: s/is/oo
zoxzrrc3 coa� xsFaxaxcs: §52.io2(i) (a1
DATB: 6/a8/00 BY: Nancy Frick
bEADI�INS FOR ACTION: 07/15/00
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A• BVRPOSB: Specia2 condition use to allow for used auto dealersriip,
� B• PARCEL 52ZE:
-�_� The property has 7.22 feet of frontage on Arcade Street and a
total lot area of 9,760 square feet.
C• EXISTING LAND IISE: The property is currently vacant;
station, The tanks and canopies have been removed;
D. SBRROIINDSNG LATID IIS8•
North: Commercial and parking lot (B-3; p-I)
East: Single famiZy residential (RT-1)
South: Commercial {g-3)
West: Znstitutional (g-3)
it had been a gas
the building remains.
E. ZONING CODE CTTATION: Sections 60.544(2) and 64 .300(d) permit outdoor sal.es
space for sale of new or second-hand automobiles subject to speciaZ
conditions. Section 6 4.300(f) of the zoni.ng code permits the planning
commission, after public hearing, to modify any or all special conditions
when specific findings are made. A11 conditions and findings and the
applicant's abi.li,ty to meet them are delineate8 in Section H of this
repart.
F• HISTORY/DISCVSg=pN =n lgg�� the City granted a permit for an auto sales
lot at this Iocation. In 1956, the City granted a permit for a filling
station at this location. On Augugt 27, 199g, the planning Commission
denied an application for a special condition use perniit to allow outdoor
sal.es of used automobiles at 1170 Arcade.
�. DISTRICT COIINCIL RHCO�NDATION: The Community Plannzng Committee of the
The aistrict 5 Planning Council hosted a community meeting on Thursday,
Zoaing Pile #00-127-129
Page 2
March 23. 2000 to discuss this application. Tlye District 5 plyn�y2ag �
Council has subuAitted a letter to the Plaitninq Cp�yssion dated May 3p�
2000, which states, ^ Because o£ the coacerns azul opposition raised By tfie
neighbors, and because the lot is too small for such a use, the District
Five Planning Council is opposed to the granti.ng of a SCt7p for a car
dealership at 1170 Arcade.��
H. FINDSNGS-
1• The applicant, Douglas Berends, hys a purchase agreement dated Niarch 15,
2000 for the property at 1170 Arcade and proposes to estabZish a used
car business at the site. The property is a vacaat Ash},�yg gas station.
The applicant has provided documentation from the Minxyesota Pollution
Control Agency that the underground tanks have been removed_ The pwaps
and canopies have been removed. The building remains and the appl,icant
plans to use it as the business office. The applicant intends to have
one employee per shift.
Z- Section 60.544(2) of the zoning code pezmi,ts outdoor sales space for �ye
sale of automobiles subject to the following conditions:
a' T�e j°f or area skaZZ be provided witlz a permaaeat, durable aad
dustless surface� aad ska21 be graded and draiaed as to dispose of
aI3 surface water aces�vyated withia the area.
This condition is met. The lot is paved; drainage is assumed to be
satisfactory. �
b. YekicnZar access ta the outdoor saZes area shal2 be at Zeast sixty
(60) feet from tke intersectioa of any t�ra {g� streets.
This condition is met. The access from Arcade is approximately 100
feet from the intersection of Rose and Arcade. The applicaxxt
proposes closing the access on Rose with a cable fence. The
aPplicant proposes a second access from the alley betweett Rose and
Geranium, 32 feet east of the alley entrance at Arcade. The
applicant proposes wood £encing aZong the alley to the east and west
of this access dri.ve, as shown on the site plan.
c. No repair or refiaishfag sfiaS2 be doae oa the Iot ualess coaducted
witkiu a completely eneSosed buildi,ag.
This condition is met. The applicant states that no repair or
refinishing work will be performed on the premises an3 that a11
vehicles offered for sale will be in quality condition.
d' T�e miaimum Zot area skali be fifteea thousaad (Z5,000) square feet_
A site pZaa sha22 be submitted showing tlie yayout of tke v�cZes for
saZe or reut, employee parkiag, a.ad customer parkiag.
This condition is not met. The 1ot size is 9,760 s
half the alley is used in computing density as allowed �
63.104 of the Zoning Code, the area increases to 10,560 square feeC.
This is sti11 4,440 square feet less than the minimum required by the
, � io�
Zoa3ng Fi2e # --.--.-- ---- = ' .
Page 3
� ��e- The applicant is-.seekinq a mod�fication of this conditioa.
3_ Sectioa 64:300(d) requires tbat tlie pZ�g Co�ssion make the
following pin3yngs 7�fore gr�y�g apProval of a principle use subject
to special conditions:
a. T1ze exteut. 2ocatioa aad iateusity of the use s�iZZ be izi substarstia2
compliaace mitly the Saiat PauZ Compreheasive P1aa aad axtY aPPZicable-
subarea pZaas whtefi were approved by the city couaci.l.
This coadition is met. The proposed use is in substantial compli,ance
with the comprehensive plan, given that the B-3 zoning district is
intended for this kind of use,
b• Tke use mi21 provide adequate iagress aad egress to miaimize traffic
congest.ion ,in the p�Zic streets.
This condition is not met. Ingress and egress are problematic. The
access from Arcade meets the code requirements; however, the
applicant proposes access from the alley as we12. The alley and the
Arcade driveway are very near each others. Approval of this
arrangement wou].d be dependent upon agreement by site plan review
staff in LIEP and Public faorks.
c. The use wi12 not be detrimeatal to the ex3.sting character of tlze
deveSopmeat �a the im�ediate neighborhood or eadaager tke publi.�
� hea2tk, safety axyd g��al ivelfare.
This condition is not met. While the use is permitted in the 8-3
zoning district, and while the applicant has proposed site
improvements including a five-foot cedar privacy fence a2ong the rear
property line where the site abuts residential use, and a twenty-inch
wood fence along the front property Iine to prevent cars from hanging
over the public Sidewalk, the small size of tha lot makes the
groposed use detrimental Co the immediate neighborhood.
a- The use will aot impede tke aormaZ aad orderiy deveIo,Fvaeat �d
zmprovemeat of the surrouading p for ases permitted 3n the
disErict.
This condition is not meL. Again, while the use is consistent with
the B-3 zoning district, the detriment to the neighborhood character
posad by locating this use on a very small lot is an impediment to
improvement and development of other property in the district.
e• The use sha21, in a1i otlxer respects, coaform to the applicah2e
reguiatioas of the district ia wfiich it is located.
This condition is met, with some rearrangement of parking spaces on
the site pian, The use is permitted in the B-3 zoning district. The
parking requirement of one s ace
an8 one space per 2,000 S p Per 400 square £eet of office space
� five spaces for a Zot and buildingtthis6sizeor The plan totaZs
indicates five spaces,
Zoain3 Fi1e #00-127-129
Bage 4
However, the site plan shows a12 spaces (rem,;red parkixy �
for the vehicles on display� as 10 feet wide and 14 feet lon
compyy with zoning code re g and spaces
�e of the customer s �lations, chanqes would need g' To
witks ADA re Paces woulfl I�ve to be 16 feet to be made_ •
quirements for 2 xan3ica �de to ��Z�,
required customer/e pped Parking, The Iength of the
to 18 feet, as indicatedee Parking spaces would have to be
width of � Section 6 2.104(4) of the zonin increased
the non-handi.�aPPed spaces, now shown at 10 feet,g code. �
reduced to aine feet and remain in compiian�e uitk the code.
could 8e
aApears that the eactra lot area neede@ to accommodate the handicappe3
space width can be more than ma3e up for by the lesser width re
for all the other spaces.
quired
The length of the spaces for the vehicles-Por-sale would
increased to 16 feet, while the width, aow shown
reduced to eight feet. �ve to be
(Site plan staff at 10 feet, can be
space° dimensions cited in 62.104{5� as the min mu�sre the "compact
vehicles being disglayed £or sale.) �irements for
If customer and vehicle-for-sale parki.ng spaces are increased in
leagth to comp],y with the code, the arrangemeat shown in the site
P1� would leave a 19 foot lane between the customer parkin
line of vehicles-for-sale; the code requires 20 feet. yt a g�d the
the minimum lane width oE 20 feet could be achieved, if the location
of customer PPears that
parking spaces and some of the vehicle-for-sale spaces on
the east side of the lot were exchanged.
4• Section 64_30o(f) of the zoaing code states, ���yye 1 �
after public hearing, may modify ��, or all specia� c�diti nsmm,1whenn
strict application of sucfi special conditions would unreasonably limit
or prevent otherwise lawful use o£ a piece of propert or
structure and would result in exceptiona,l uxydue hardshi to
such �' � existing
Property or structure; provided, that such modifi�ationhwilllnoto£
i.mpair the intent and purpose of sucfi special condition and is
consistent with the health, morals and general welfare of the community
and is consistent with reasonable enjoym�yt of adjacent property.
Staff finds that the size of the requested modification, a,440 s
feet or approximately 30 percent, from the re
not consistent with reasonable en•o 4uare
quired minimum lot area, is
intent of the code to limit outdoor y�o o£ adjacent progerty nor the
sales to larger lots.
2. STAFp ggCp�ATION: Based on Findin s 2
staff recormnengs denial of the g td �' 3ib), 3(c), 3{d), and 4,
sales of used automobiles at �ecial condition use permit for
1170 Arcade Street. outdoor
�
°° ""�3t3
�
SUPPOATING INPpRMAT10N: suAply ihe information that is applicable to your type of permii �attach
add�tional sheets if necessary�
• SP�CIAL CONDlTION tJSE: Exp(ain hoW 2he vse wilt meet each of the special conditions. •
• RIVER CORR(D�R CONDITIONAL USE: Describe how ihe use wiit meet the applicable conditions.
• MOplFICATtON OF RIVER CORftiDOR STANDARDS: Explain why modificaiions are needed.
� C?e�C� _
UsE�' C4 r � ( �-
S
�,1� z t f 3
�UO `�=
pplicant's
Date ' City
��
9 Mav 2000
Citv of Saint Pau?
PlanninC commiss3on
Payrte ArCade Business Association
900 Payne Avenue
3aint Paul, Minnesota SS10I
Bruce Sylvester
District S PZanning Couneil
i4i4 Paxne Avenue
Saint Paui, Minriesota 5510I
R�� Fotent3a7. Request For Cozfditional Use Permit
This offiae has warked with Doug Herends toward purchssing the
property at 2170 1►raade Stseet in Saint Paul, and a accompanied
Doug to a meating with the Crnnmun3.ty Pianning committee of the
Payne Phalen, District 8, committee. We listened aarefuily to the
concernB statad st tha neatinq and have addressed as many issues
as time hns ailowed. i4e look forward to working with the City, the
Planni g c Cammittee� tow rd 4 Purther �res lution �of oth ���issues �
raiaed, and towasd zQaeonshle r�salutions to any other problems
that arise.
Hr. Berer�cqs hns decfded to aontinue examininq the �easibility
of ineeting objeationa $nd working with the oommunity toward
obtaining epprovai of !t co�ditional use permit €or i17o Arcade. ew
reaognize thttt at leaat two comraunity members stated at the meeting
that they are ogposad to ttny development thAt fncludes a car lvt,
and that one neighbor steted apposftian to any use of the property_
other than green spaas. We Wl11 continne to listen carefuily, we
will attentpt to acqdress issues and ehange opinions. Thank you €or
youx time.
Yours truly,
s. Anthony DeRUngs
�
TUTRL F, 91 �
�
�
L�'/03D
E�glauation of how vse will meet eaetz of the spe�iai conditions -
The gas pumps, tanks, and canopy have atl i�een previously remaved. I will
have the property resurfaced with asphalt, graded, aad drained as to dispose
of att s�face water accumulated witliin the area. If permitted by ihe city, I
would also Iike to resurface the alleyway adjacent to the property.
The vehicle entrance and exit to the outdoor sales area shall be on Arcade
St., approximately one hundred feet from the Rose St. intersection.
No repair or refinishing work shall be performed on the premises. I will
retain the existing building to use for office space that will accommodate
one employee per shift. Alt vehicles offere@ for sale will be in quality
condition.
Because we are not going to be doing on-site repair of vehicles, a larger
building is not necessary. Therefore, the square footage that would need to
be utilizecl by a larger building to facilitate repairs is not needed. I believe
that because of this, the required 15,000-sq. ft. is not necessary, and that the
available IQ,560-sq. ft. will be more than sufficient for auto sales.
A five-ft. cedar privacy fence sha21 be insta.Iled along the back property line.
A twenty-in. cedar fence shall be installed along the front property line on
Arcade St, and the alleyway. Along Rose St., curbing is atready in place. A
cable fence sha11 close offthe Rose St. access.
Please refer to scaled site plan, along with pictures of the cunent condition
of the property, including the building.
�
• -- _===--
L�ENTS�CTH
r�er�
PURCFlASE AGREEMENT
��S Adareu - I110 A cade St
it6. Page 3 Date _����,_,� f �P�
t t7. Buyer sAap pa PRORATED OF GASING, 7 2 T H5, A LL, NONE real ssfste taxes due and payable in Ihe year_Z.QQO
t t& Seilet shali pay. PRORATEDTO DAY OF CLOSINC., _ S, ALL, NONE real estate taz� due and paya6�e in tlre yearZppp if yie
i 79. Gosing dare S changed, the mal esWte 4zes paid shaif�.p�pra(ed. be ac�usted to the new closing date. Sei�r wartan5 taaes due and
720. payabie in B�e yeaf �O�n _ witl De FUI,L-0�A da:silrcation. If part ornarlamesteatl dassifip6wi is a�cled,
ad>
t27. Seller agrees W PaY �r at Gasiny S unaa
722. tov(ard Me nonhomestead real esFate tazec. Buyer agrees to CaY �v �9 haianee of nonhomesteaa taxes wnen tirey become
i23, due uW PzYa4�e. Buyer sAaP pay reat estate tazes due a�W PaY�e in the year toifov�ing closing aM theteafier. Uie paymer�t of which is
t24. 'wt ahenri�e qerein pro�ided. sIO repmsenYaGOns ace matle conceming the amount M subsequent reai estate tazes.
725. POSSESSION:SeilershaIIdetiverpossessionofthepropertyw[�aterihar� iamediafelq aftercbsc�g.
t26. Ali iniereSL hameowner assadarion dues, rents. (ue! ol, fiquid petraieum 9as and aU cha<ge5 tor tlty water, city sewer, electrciry, and
127. nalurai ggs shatl 6e Pmrated belween the parties as of pate ot dasing
128_ f ,_,,,
129_ ENYIRONMENiAI CONCFANS: To 1he bes[ of Ne SWer's knowledge there are na hazardous substances, ur undergcou�W scaage
134. IdnkS,e%UQ[hE[¢u1RpLEd: SF.F. AtIYF.R PLIRCRASTNC °AS if" AOOP.TIOIM
131.
132 SELLEAWAPRANiS7HATiHEPROPERTY1SWflECTLYCANNEGTEDTO: CITYSEWERQIYESONO/pTYWATFAf�YESONO
I33. S0.LEFYBUYERAGFiEESTOPRONDEWA7Efl4UALf1YTFSTpESULTSIFpC-0UIpEDBYfAVEflNINGAUTtbqRYMIq�ORLB�IDFA
-(aaeane)-
f34. SELt,ERIBUYERAGREESTOPHOVI�E,I�RE0UIREOBYSHETFAM50FTHiS PUqCHASEAGflEEMENSOR BYGOVERNING
-(mdea�n)-
'35. AUTHORITY AND/OR LENDER, A LICENSED INSPECTOR5 SEPTIC SYSTEM MSPECTION FEPORT Oq NOTICE INOICATING IF
36. 1HE SYSTEM C061PLIES WITH APPLICABI.E REGUlAT10NS. NOTICE: A VqLiO CEATFlCATE OF CAMPL/ANCE WR TNE
37. SYSTEM MAY SATISFY THIS 0811GAT10N. NOTHING IN UNES 134 TO 738 SHALL OBLIGATE SELLER TO UPGRADE, REPAIR
38. Ofl HEPUICE THE SEPTIC SYSTEM UNLESS OtHEHWISE AGREE� TD IN THIS PUFCHASE AGREEMENT.
39. BUYER HAS NECEIVED THE WELL DfSClOSURE STATEMEM Ofl A STA7EMENT TNAT NO WELL EXISTS ON THE
40. PqOPERTY, AND A SEPTIC SYSTEM OISCLOSURE STATFlNENT OR A STATEMENi THAT NO SEPTIC SYSTEM EXISTS ON OR
di. SERYES THE PflOPEflTY, AS REQUIRED 9Y MINNESOTA STATUTES.
t2. SELLER WARRANTS THAT CEMTRAL AIR fAN6�T10NiNG, HEAT4NG. PLUMBING AND WIFING SYSTEMS USFA Ah0 LOCATED ON
V3. SiUD PROPERTY WILL 8E IN WORKfNG ORDER ON DATE OF GLOSING. EXCEPT AS MOTEp IN Trf15 AGflEEMEM.
A. BUYER HAS SI1E flIGHT TO A WALK-THflOU6Fi REVIEW OF TF45 PROPERN PHIOP TO CLOSING TO ESSABLSSH SHAT THE
5. PROPEHTY f51l3 SUBSTATfTiALLY TFIE SAME CONDITION AS OF THE �ATE OP PURCHASE AGREElh@(T. SELLER AGPEES
6. TO l30TIFY BUYER IMME�IATELY IN WRRING OF ANY Stf85TANTIYE CHANGES FROM APiY PpiOfl REPHESENTASIONS
7. qEGARDING SHE PHY5ICAL CONIX1'ION OF THE PROPERTY.
4. Bl7YER ACKSiOWLEDGES THAT NO OfiAL REPRESENTATiONS HAVE BEEN S�1ADE REGAROfNG POSSISIE PROBLEMS OF
3. WATEA IN BASEMEM, OR DAMAGE CAUSE4 BY WATER OP ICE BUILD-UP ON ROOF Of THE PROPERTY AND BUYER AEUES
1. SOIELY IN S}LlT REGARD ON THE FOLLOW ING STATEMENT BY SEILER
. SELLEFHA H0.SN0 AWETBASEMENTANOt4aS ASNOT PAOF,WAILORCEItSNGDNMAGECAUSEDBYWA7ER
. OR tGE BUfLD-UP. BUYER HAS AS NOT ECEIVEO A SElCER5 PROPERTY 07SCLOSURE STATEMENT.
. BUYER HAS RECEIVED THE INSPECTION HEPORTS, {F FEQUIRED BY MUNICIPALf7'Y.
FRAh'K S. LEYTSCei
(Licensee)
LENTSCH REALTO&S
fCr�+pa�ry>
(lieansee)
is SePefs AgenUBuye f AgenUDual gentMori-Agerrt
is Se11eYS AgenryBUyeYS AgenUDual AgenUNOn-Agent
THlS NOTICE OOES NOT SATiSFY b11NNE5�TA STATU70RY AGENCY OlSCLASURE REQUIREMENTS.
DUAL AGENCY REPRESENTATIOfJ
YJAL A6ENCY REPRESENTATlON 00£ �, NOT APPLY SN THIS TRANSACTION.
koker 2Presents both the Selie�(s) arW the 8uye�(s) of ttre prope�ty invdvetl in Uvs tcan,acAian. wRich ueates a dual agexy. This
iear�s that Broker and iis salespersore owe fiduciary tluties W bM6 Seller{s) and Buyer(s). Because Ne paEies may fia.�e w�ilicting
rterests, Broker aM! iLS salespe�sons are proMbited from advocazing exclusrvefy tor either party. Broker camrot azt as a duai agent in tlris
vnsaction withaR ihe consent of boN Sefler(s) and Buyer(s). Se9er(s) and Buye�(s) acknowledqeihat:
(1) confiCenliai infortnalion communicated to Broker which regards price, teims, or mofivation to buy or seN vriN remain confitleMial
unless Seiler(s) or 8uyer(s) irtiNtls Brpker in writing to tlrsdose this iMO�mati0n. Ocher into�mation witf be sriaretl;
(2) Broker and iis salespersons wiN not represeM ihe mterest oi eithet pany to Ne detriment oS tfie ofher; and
(3) wilhin the limils oF dual agenry, Broke� and its sa7espe��ons wiN work d�ligentiy to faciRate ihe mechaiircs oi ihe sate.
iU 0e knowledge and untlerstanNng of the eapfarelion above, Serier(s) and Buyeqs) authorize and "msimct 8mker and its
IesPersons,to act u d�ai age Ehis hansaction. �'�
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Mint�esota Poliutian Conisol A,gency
Glueomec Aaiissance ceafns
s� �y�m xosa xotd� _
Sa �ant, Mivuaera SSf55-4l9A.
INFORMATION TRANSMI�"I'AL ST-�EET
Dace: 02/�0/00
Teo Glr.y LenssFs
Company oa AgeACys
Mdre�a: 9S8 N Do1e Sc
SaitlC ?�i�t, A"_N 551 i Tc
FaY Number:
Plom: Nact realon
Scctionc `.I�Sajoz Faalities
Numbet of pages:
TaIaphone A'umber: .�ir Qualitp ?ielp Line (65i) 2H2-5844
Hazudcw Waste Heip j,iae (65l) 297-8681
Tenks Help Tiue (GS]) 297-8361 *
lY7ater Qva:'rry fietp j,ine (G51)296-7262
F8x (65I} 2fi'7-870i
Subjecs: j�gp=mation on a caatc site.
Fot: ❑ Tnfcrmxdon
� As Yov ltequesced
❑ Otkes
Comxentt I'm srnding you a capy of our. deta base on that site u arell ss rhe �race
seq � ements
�
,
If yrou have any o[her queseiona ar comm�nu please $ice me a catl.
Mp petsonallrae is {657) 296-79Q3
�
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LJ
�
14F+R-06-2006 17:0� METR�JFO�ITAN G?AVEI� Cf1 ICa 5`1 -i�S llr•= :.�'"' ;-
t+eRo�e nue: Tank Sita and Qwner tntarmailon
... _ _ �scort ��r��a- "
• _�_.••.^- ` ♦ j o»"wv.fv..sftswi { �s�Jo a'uti
'_ _' , ' � .." -.'��'. Wf��� ��{� iIi7�0� �$ .��
- 7'ALFrS #4eport.
asxt.aNn. ...
Sife tD: 3650
Address: � 17d ARCADE ST
ST. PAU:., Remsey MN 65t08
Site Phone: 851-999-9999
S�te Leaked7: N
..-_.;£'�.':d,i,` :��.:<`i �-Td"'.-`«.'+-�=s... _._. _.-_—�.. ." '"
ot Sitt: UndergrounH Ortly
�
bp
ehr..a�r: sooa
Regror,: nn
Aegistration Date: 4r1 tt86
teak ID(s}:
•r:.e....�e���sssssss�..�s����s�sf��t�� O�g =ynnpgap�.rO rstaett.�:...�.���aatsa+aa.<.��........
itwner Name: J$pEMY &CHALIER
Owner t0: Y86865
Address: 1T7C AFICADE ST
ST. PAUL, MN SS106
•��«���H�������as���yr��e►���rl.k• 2aNk ZMlO1WASfOL� 9iJD4�AfLY t��s�a.a.�r�.�s�y�����:���sss���.�:
Nor pJU 8ietw 5ubstents Stored Capaclty instalted Femaved
001 U Removed QBSOIine 16,000 51f01/7971 11n5/1999
oG2 U Remov/d G3soiine a,o�o 11latrt971 itlis:tsss
OD3 V Removed Qasaline a,000 tt/01/t9�1 11/SS!1439
oo< U Remeved Qasollne a,000 17;oiH9'tt tt!i5lt99B
�rc*��•.xY��rs�e�t�����frYa��t�te 501 � COfOd029 TdNX XNPOA1ta?SOtt +eiv..e•.•.e.•�a�aa��+.�csaa�•�.a
OurTankNbr:001 U CfkentTankt�br: OOt
DispanserType: Suetlort TotalCacaeity: t0,000
Tank Canst Mri: 8arelPg;nVAsph Caat Sieei Storad Praduer, GasoGne
tJsed For HeaHnQ?: U 7artK Stacos: Removed
7aek D�spasal Company: Qetermans 2nd CoRt Tank:
� TOnk 08Ih P�ot: Pipa Cath Prot: None
P(pe Materlae Galvan,zed eteel Piping t,Aateriat Deec:
HW GeneraEO� I0: Produet Replaced Date:
'ank Regi�tretion Date; a4/tt/t988 Unrep Tank Repor, Oate:
.""'___----""-"""""""'�' OOI - V8T 7AftR YNfdRLtliPl017 -"---"'--"-'-"""--"'-^"--'-
fi ol'ank ComAeRrr,ents: 1
Compa» Numbe+; 1 �� CompaA Capsc3ly: 1D000
Compert Sto�ed Prod; paeoline � Compan Stared Desc: GASDU�E
Compatl Oihar De3a
�.i
•••• OverFill Infortnation --- j.
' Ove�H Prot Alarm: ; Over!B( Prot Aetoshutc •
Overffl! Prot Ballflaat: � Overfit! Prot Manval:
OveAlli Prat No Inlo: Y Overt'�u prot Nono:
pvertll! Pret Type Unk:
•-- Tdnk F4e(ease Prettatinn, •�. ••.• P,�1ng Reiease Pro:ectton ••--
ddily Sttek: Y Auto Line Lesk DeteVtion: N
Tightness 7est: Y bnnual Tightness Ts6t: N
Manual GAUging: Yapor Aaonhor!ng N
Auto Gauginq: N Groundweter Moniror. N
SO'rl VdDOr Monitor: N lnterst�t Mon+2ar: N
GrountlwA7er Monitor: N 3 Year tightness 7esi: N
Utsrst7t Monilor. N EurOpean Suct�on: Y
SIA Apprav2 00tA: StR ApDiove �ate�
SiR Vendo� Nbr. 0 SIR Vendor Nbr 0
Other De6C:
Ofher Flag: N
�•...,......�...�..,r..,..,..... ooa - coinsoN zx�c xxronw�rzaa� .........+ ...............�.......
Ou� 7ank Nbr. 002 U CI(enl Tank Nbr, 002
- Pege t at 6
t1.�R-�lE-2mc!p 17%t?i PIETROFOLITWI GF'AVEL �0 ]td F�l -1«� 11�'= F.�'= _-
aepmeTiHa Tank Site and Owner ininrmation R?C:R ti�^.�.*c^, d �
� ;:..._. i"aiix:,r���ii.ic7tY�iwi`i11ii�}.tt�iib�i
asHUtNa
Sits iD: 385D
Service
�e of Site: Under
----- _ -----.. . ...
. . �°jiCRNJ^.t`6r, �
DispansesType: Sueqcn
Tank Got+at k!tl: 6areipainVASpfl Cont Stee:
Used Fer Heating?: U
Tank pisposa) Company: Deterrnan�e
Tank CBth Ptafi �'•�
�+pe Materieh paivarized s=sel
Hw GarK►ator ID:
7an< Registration Otta: O4l11tf fl86
-------°--•'°--------'.`._'.._--- aao csr
k oi Tank Compartmen2s: i
Compart N�mber: t
Comoart Sto�ed Prod: pasoline
Compart dther p98p;
.._ QvEtflp lnlermate0rt --'
Qwefilt P.ot Aiarm:
OveRilt Prot Bantioai:
Ov�rtill Prot No Inte: Y
Overllif Arot Typg Unk
�•-• Tenk Releese GrafecUOn ••--
Daay Stick Y
Tightnecs Tastr Y
Manua! Gauging:
Auto Osugt»g; N
Safl Veper �,ienitor. N
GrcundwalerMonitor. N
4Met5tit Menifdr, }J
&IR Approve Dnte:
SIR Vondor Nhs 0
O:t+er Oesc:
OihAr FIBg: N
...s�xFr.s::��.ire�srrss•a+��•.�+
OU3 — COlIIdOP 7XtaC IllYOffiS1lTZOSS •����f�e��aars�sa���.��.�ue����a
Our Tank f1br. 003 U
Dispenser Type: Suctiors !
'"ank Cons� MG: 8arelPainVASph Coet Steel
Used For Heating?: U
TenK p;s�osaa Company.
Td»k Cetf+ Prot:
FiD! Mater;n?: Gstvanized steei
HW QMeratar tD:
7ank Registra6cn Date; 04l1111988
"-"""-'-'_"""^""--""'_...... 003 - VSS 'tAlTR
z a! Tank Companmen�e: t
Compnrt Numbsr; 1
Compart Stored Prod: Gasollne
Carnpart Othar Desc:
.-. Overr,�! IMOrmation ....
Wsdt41 RrotAfarm:
Overfitt Prot 9aunoat:
Ovefi!! Prot No lnfo: Y
OveHitl Rrot Type Unk:
•—� Tank Reieese Proteetion •••-
rc�at capacity:
Stored Prutlud:
Tank Status;
2nd Cont Tank
Pipe Cath ProG
piping �,iateri9! Desc:
Produot Rep:gced IIata:
Unreg Tank Report Date:
Tu•,�c :mzawaxzox ------
Cfient Tank Nbr:
Toiai CapaCiry:
Storetl Preduct:
Tank $tatvs:
2nd Cant Tsnk
Pipe Gath Prot:
PiPi�g Materin! pesc:
Produqt Replaced Oate:
Unreg 7ank Report Data:
Q03
4,000
Gasoli�e ,
RerTOVed
Aione
SMYO�RMAfl"!ON ---"'---'.��-'-----'---'---'---"
Compar: Capacfly; 4000
Compart 9tar9d Desc; GASOLtNE
Ov6rtip Pro( AUt6shut:
Overifu Prot M,a�ual:
Oved111 Prot None:
•-- Piping R9leese Proiedion ••••
�
ve9. 2 ot s
Gasoline
Removed
None
Compert Cepeciry: a0po
Compett Stared Desc: GASOLINE
Ove�i! Prot Auto9h;�t:
OverfiB PrM ts+{anuai:
Ovedifl Prot N�t16:
-- Piping Retease Protsctlan ----
Auto Line Leak Detection:
Annusl Tigh!ness Test:
Vapor Mon;tor�ng�
GroundwatSr Monitor.
intersti[ Monitot;
3 Yeflr 7lghtness Test:
European SucGOn:
51R Approve Date:
SIR Vendor Nbr:
r�
N
N
N
N
N
Y
�
MtaP,-�5-e90+� 17: �32 METP.OPOL I TRhi C,RR! 1EL !7J I t! F� t�_,: i I�_� �_ �•
Reperc ns�•; Tank Stte snd Owner informatton ��
:a��: s�.L'. :�it��`r'�@3itt� � ' -�tlOfl .-..:- :.=x :_ ._ ; ��u-_ ..--: ;.:.�---'- -_._.:_l.,
_ r�9;o�t+�mDe• 43
�'°��3a
�
\ J
_.._. _ .
ASHLAN6� ---' ` . - Setviee 3taHor1/8uik , _ .
Slte !D: 3850
L78�y SC�dC 5
TightneyS TeSG 5
MsnUEt 6tugi�p:
Avto Gettging: �
Soi! Vapor Monuor. R
Oroundwater Mcnito'r. !,
Intentit Monitor. N
SIR Ilpprove bate:
31R Vendor Nbr. 0
Othor C9ec;
Oihar F+ag: N
•f t��tt�H�i����f11f�Yf*t**44HH•
oiSfts: Under$rourni
rca �ine Leak �eteCiiOrt:
Annual Ttghtness Test:
Vspor Monitaing:
Groundwater Moniior.
I�terstit No!tilor.
3 Ye8rTighhte66 T66C
�uro¢ean SuCtlon:
S!R Approve Date:
Sf R Vendor Nbr:
N
N
N
N
N
Y
n
06l � GDDO60q ?d81% ZNlD71Zl1lTSDH •....�s��faf�s�it��aRS���s����u•
Our T�nK Nbr, pOd U
Oispans9r Type: Suetion
Tank Cansi Mtl; BaroiaatnURSph Coat Steet
Used For NeaL'ng?: U
'ank bhpo�al Company;
Tank Cath prot;
FiPe Maferial: Galvnn`ed stee!
Nw Geneeator iD: �
7enk Reg(atrativa Oate: 04lSt/1988
""_""""---'-"""".._"""' 00! - V9T
� o` Tank Campartmenb: 7
COtripert Numbsr. 1
Compar. 5torrd ProC: Gaso�i�e
Comya�l Othar Desc:
Clienf Tenk Nbr:
rotat Capaciry:
Stcred Protluct:
Tctnk Status:
2nd Cont 7enk;
Pipe CaUt Prot:
Pfping Malerial Desc:
Produc! peAlaced Daie:
UnCag Tenk Report Qate�
004
d,000
Gasoline
Removed
Norro
��it3�i
Compatt Capaetty: 4000
Compart Stor�d Desc: GASOL��lE
-•-- Overfill Informafian ---
Ovartifl ProtAlarm:
OveAilf Pret 9ellfioec
Over!'�11 Prai No In1o: Y
OvEfiill Prot Type Uhk
•-•• Tenk Ralease 7rotection -
Daily SNC : Y
Tigh�ess T t: Y
Menuat c3sugi :
Avto Gavgirq: N
Sail Vapor Monitor: N
Oroundwa!ar Moniror: N
Inters!it Monitor. N
SIA Approvs Dats:
SfR Vendor Nbr. U
Other Desc:
OveAill Prot Autoshut:
Ov�diit Prot RA80vdC
Ove�1iN Prot None:
..-. pipin� Feiease Protgelbn ....
Au[a Llne Leak Detenfion:
Annual T9F,tness 7oit:
vapor M.onitoring:
Grounqwater MoniFor.
(ntecEtlt Mqnitor.
3 Year Tghinsss Test:
Europeart Suetion:
S!R ApRreve Qete:
S!R Vandei Mbr:
N
N
N
H
N
Y
bther Fiag: N
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Num.ber: 1
Cempany:
Tyae' Registration Form
Dflte: OSlO't19Di
Person At Co:
PCS:
The fa towing camment w3s entEreC on; OdJtil96
nt 5 Al.l. T1�NK5 VlSUAL
� �IVAtiCIAL ASSUAANCE LETTEq TQ DEMONSTRATE SELF lMSttaA��C: RECEiVED b�5!92
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5ite ID: 3856
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REFcr: ivaTba^ <3
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Type Ot Site: Undera
Onty
rvumcer, z
Campeny: VtCKfipS N24t i
Type: RegistrdGorl Form
Peraon At Co: ,I�pF I(qRMER
PCS:
S}gnnture: JEFFAEY KRAMER
Ti!!? : ?RES
Data Fcrm Reee?v�d; 2J�y84 (CHANl3E OF Ot�YNERSMIP- PRCVIOUS 6UVVER-
TOTA(. �ETRpLEUM- 81415 ?ILISBURY AVE S- MPLS)
Mumber: 3
Cor+tpeny: VICKER3 �t2411
TYP9: Letl9r
Onte: 0912211ggq
Psrson At Co: S BAKER.60W�N
PCS:
CE'TER R5C&NQD q/fygy PpOM bAN�HL YALOTPRES 8 CHO-30TA! RETROLEUM
iY SJPPORT OF THE USE pp TSiF FINANCtAL TEST OF g��F•{NSVp,qhCE TO
JEMONSTqATE F�NANCfAL RESPONS161L;7Y FOA 7AKfNG CQRRECTIS�E ACT}ON RND/OR
CONa�NSA71NCi THIRp PARTIES FOA BObILY fNJURY ANO PqOPEEt7v D4MAL3E CAUSEC
ev SJppEN ANO dA NQ;�SUDbEN ACCIDHN7A1. RE�.EA56S IiV THE A!u17 OF A7 ��.qST
Sz.000.a00 aNNUAL A4GEi�GAtE AqIS1N4 FROM OPEAATfNG uSTS.
Number. 4
Compdny: VICKERS N2471
7yps: phone Cefi
Date: 03J14I1998
�'erson At Co: KAl'HY LESLiE
PCS:
nvarvT� �EAStNC3 kRS A NEw aDDRE5S. 3G33 E 16T AYE• STE 202• DEt�VER CO 80206
PRe"�OUS AOORESS- 5211 4UESEC ST- t�^qEEN�NOOD VILLAGE, Cb 8�1 t'.
P?.S�I�OJS PWONE #t 3a3a70-7007 PEA CALL T4 KA7HY tE5L1E- AvAN71 �EqS;NG
3:9&JH
Wumber: 5
Campany: A5FiLArVO
Type: FIeId Notes
6ate: oA102119?8
Person At Co: AOOER FfSHER
PCS:
P_R'Jk A SHEET (VDTES FROM Rf:
�
S7A?ION fS N07 VICFCERS, BUTASHLA D,
OWN,R IS NO CONGER AVANTf LEAS(NC3 lNC, BtJT JEREMY SCHAUEi�.-b1L
Numb9r: B
Compeny: ASHLAN�
Ty¢o. Fi91C NOteS
Daie: 02110Jt8BB
Person At Co: .
RCS:
1 VlSREQ THIS S17e QN 2ltprgg, THE FACILITY !S CLOSED, THE OISPENSERS ARE
COVEAE�J ANO BOTH THE SITE PHONE RND OWNER Pt?ON� AA'e pISCQPlNEC7Ep,
Numbe� 7
Company; 7.�h1 Equipman[
TYPe: �ax
Oate: ii/OSliS48
Per9on At Co: 9rian Lacson
PCS: JCA
} t/�.' sss arian t,areon Zahl �QUipment taued 10 day nOdee to remove 4 t�nks 7 5l16/t9gg
tJumber. 8 Dnta. 12ros1799g
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At Co:
PCS: AJA
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D 1 S T R 1 C T
F 1 V E P L A N N 1 N G
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C O U N; C l L
To: St Paul Planning Commission
Nancy Frick
From: Bruce Sylvester, District Five Planning Council °
Date: May 30, 2000
Re: SCUP Request for poug Berends at 1170 Arcade (Southeast comer of Rose and Arcade)
I am writing to inform you that the Community Planning Committee of ow organization hosted a community
meeting on Thursday, March 23"'to discuss Mr. Doug Berend's interest in obtaining a SCUP at 1170 Arcade.
l�Teighhors in 4he � u�un3 1174 Ar�ade were invited, 2nd many attended this meeting.
At that community meeting, Mr. Berends explained his goal of opening a car lot at 1170 Arcade, and outlined
what the lot would look like, what the hours would be, etc. Neighbors expressed many concerns a6out such a
business locating at that sit�-I've encIosed a copy of the notes from the meeting for your review.
As the minutes make very clear there was no support from the community for a car dealership at 1170 Arcade,
and quite a bit of opposition. Also, a SCTJP for the same purpose at this location was denied about a year ago
when city staff determined that the lot is too smatl for a car dealership.
Because of the_co_ncems and 0000sition raised bv the neighbors and because the lot is too small for such a use
the Distnct Ftve Plamm�e Council is ooposed to the gsanting of a SCUP for a caz dealershio at 1174 Arcade
If Mr. Berends would like us to revisit this matter a second time and if he is willing to have the matter laid-over,
we can add this issue to our June 15`� Community Planning Committee meeting agenda. We would need to
know if Mr. Berends would like this on our agenda no later than Tuesday, June 6`� so we could publicize this
discussion item in the local newspaper and through fliers to local neighbors.
If you have any questions about tfiis matter, please feel free to cali me at 774-5234. Thank you.
�
C �
70�4 Payne Avenu2
Saint Pauf, Minnesota 55107
TefY 774-5234 Fax� 774-974�
�
D I.S � T R 1
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C. T- F t V E P L A N J N, G C
�ayne-P{ic�(Fri .
Meetin¢ PIobes
from the Th�usday, Manch 23'� Meeting
of the District Five Contmimity Plannina and Economic Development Committee
630 P.M. az the Arlington FIills Lbrary, I105 Greenbrier
� �t;��/03a
O U- N C 1 L
Committee members present: Ray $ammons-chair, Bruce Sylvester—stafF. A complete sign-in list is avaiIabie in '
the office...
Item One--Pronosed Used Car Lot at 1170 Arcade (the otd Ashland Oil 1
Staff explained that two different men had contacted Ute bistrict fiive Pianning Council office about their .
hopes to open a used-caz deaiership af the corner of Rose and Arcade. Because the lot is only 10,000 ._ .
squaze feet—and the City requires I5,000 square feet for such a use--a Special Conditioa Use Permit wiIf
be needed. Both men said that before submitting a request for a SCUP to the City, they wanted to heaz from
neighbors in ihe surrounding area if there would be neighborhood support or opposiuon for such a used caz
deatership. Staff and Ray S. had arranged for tonight's meeting since there was no time on last week's
CPED Committee agenda, and since there is no acfual request for a SCUP at this point. Staff fliered the
surrounding neighborhood to inform people of tonighYs meeting, and both men interested in the site said
they would attend. Only one of the two men interested in Yhe site was in attendance--Mr. Doug Berrands.
The other applicant Mr. Todd Bauer—did not attend. The meeting bagan with Mr. Berrand's attorney
� expiaining his clients proposed site plan for the site. Details inciuded curbs, caz placemenf, fencing, and
renovation of the building. Access to the site would need to be determined after consalting with Public
Works—one option is to have the entrance off-of the alley on the souttz side of the lot.
After this presentation, neighbors voiced several concems, inclading:
• Neighbors do not want traffic in the alley there is aIready too much and several accidents have
occurred recently
• Leaving the a]Iey to get onto Arcade is difficult, especially if lazge trucks are pazked on Arcade.
• In response to having `no pazkiag signs' posted on Arcade to prevent the aforementioned issae,
severai neighbors—including one business owner—said that would not be accepiable.
• Neighbors feel there aze too many used car dealership atong Arcade Street already
• Neighbors had concems about ffie number of cars 22—that Mr. Berrands said he planned on
having on the ]ot After Iengthy discussion, the group ageed that a significandy smaller
number of cars would be necessary. .
• �.� Mr. Betrands is able to open a used caz lot at that site, he promised to remove the pay
phone after severat neighbors expressed concerns abo¢t it. His lawyer said it would be removed
if it were legally possible (if it weren't on some long-term tease or something...)
• Finally, the Iawyer for Mr. Berrands asked if the community would support or oppose Mr.
Berrand's plans, and everyone present expressed opposirion for the plan. Ray S. explained
that it was now up to Mr. Berrands if he wanted to apply for a SCUP or noY, and that if he did
apply for one, District Five would receive a notice, norify neighbors, and take a formal position
on the actual request for a SCUP. Ray S. concluded by saying that the results of tonighYs
meeting would obviously be taken into consideration at that rime.
� The meeting adjourned at 730 p.m.
Respectfuily submitted, Bruce Sylvester.
Minutes ofthe Mazch 23 , 2000 meeting ofthe District Five CPED Committee
1074 Payne Avenue
Saint Paul, Minnesota 55to1
Tel� 77C-5234 Fax� 774-9745
Comments on Z.F. #00-127-229
SCUP for used car lot at i l70 Arcade gtceet
as of June 8, 2000
Staff received the following phone calls as of June 8, 2000:
• John Huot
829 E_ Geranium,
Opposed. Expressed concern abouf hazard due to alley access.
• Antonio Shaw _
846 E. Geranium
Opposed. Cannot attend 7une IS gublic heating.
• Diane Dodge
845 E. Geranium
Opposed Inappropriate vse at this location; safety concerns; too many caz lots on Arcade.
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