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85-1469 V1ti1TE` + CITV CIERK - PI�1K -�INANCE COV�ICII pA� CANARV - DEPARTMEN7 G I TY OF SA I NT PA U L� File NO. � /�� BLUE - MAVOR Coun ' Resolution Presented By Referre Committee: Date Out of Committee By Date WHEREAS , Thomas Lindbeck Auto Body applied to the Board of Zoning Appeals for an administrative review of a decision by th'e Zoning Administrator ordering the removal of an addition to the main structure on property located at 1346 Arcade Street pursuant to the provisions of Section 64. 204 of the Saint Paul Legislative Code ; and WHEREAS, the Board of Zoning Appeals following a public hearing with notice to affected property owners , by its Resolution No. 9772 dated August 13 , 1985, found and determined that the Zoning Administrator did not commit error in fact or procedure based upon the findings and conclusions as set forth in the Zoning Board' s Resolution No. 9772; and VdHEREAS , pursuant to the provisions of Section 64.205 , Thomas Lindbeck duly filed his appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held for the purpose of considering the actions taken by the said Board; and WHEREAS, acting pursuant to Section 64. 205 through 64.208 , and upon notice to the Appellant and other affected property owners , a public hearing was duly conducted by the City Council on October 17 , 1985 where all interested parties were given an opportunity to be heard; and [niHEREAS , the Council , having heard the statements made, and having considered the appeal , the report of staff, the minutes , findings and resolution of the Board of Zoning Appeals does hereby RESOLVE , that the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in and adopt the findings COUNCILMEN Requested by Department of: Yeas p�� Nays neasanz In Favor Nicosia Scheibel Sonnen A gainst BY Tedesco Wilson Form Approved y City A rney Adopted by Council: Date Certified Passed by Council Secretary BY � ey A►pproved by 1Aavor: Date Approved by ayor r bmission to Conncil BY BY WHIYE = C�TV CLERK PINK �FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT ��y�9 � 8��E - MA�oR File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date and conclusions made and determined by said Board as set forth in the Board' s Resolution No. 9772, which resolution is incorpo- rated herein by reference as if fully set forth; and, be it FURTHER RESOLVED, that the appeal of Thomas Lindbeck be and is hereby denied; and, be it FURTHER RESOLVED, that the City Clerk shall mail a copy of this Resolution to Thomas Lindbeck, the Zoning Administrator, the Planning Commission and Board of Zoning Appeals . 2. COUNC[LMEN Requested by Department of: Yeas Nays Drew � Masanz [n Favor Nicosia Scheibel f1/ Sonnen _ Against BY Tedesco Wilson Adopted by Council: Date N�V — 5 1985 Form Approv b C' y ttorney Certified Y� e Council et BY / gy. . t#pprov iVlavor: Date • _ 5 Approved Ma or for Submission to Coancil By BY PI;�I;JrIEp ►�d G'�J 16 1985_ ,. , � , � � �p'��y�9 ,��$`t�Y �';. CITY OF SAINT PAUL �.... a �� ro DEPARTMENT OF PLANN(N��Na��iON(3t�tC DEVELOPMENT �m °° �� ° �o DIVISION OF PLANNING FILED �aa• 25 West Fourth Street,Saint Paul,Minnesota,55102 '' - � � 'P?�(" 612-292-1577 �n _. s GEORGE LATIMER V"� �% a� #-sa'i �� MAYOR r� - October 10, 1985 Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File #9772 - Thomas Lindbeck City Council Hearinq: October 17, 1985 PURPOSE: To consider an appeal of the Board of Zoning Appeals' decision upholding the Zoning Administrator's order to remove an addition to an auto body shop BOARD OF ZONING APPEALS DECISION: Denial (6-0) STAFF RECOMMENDATION: Denial SUPPORT: None OPPOSITION: One letter Dear Sir: On July 23, the Board of Zoning Appeals held a public hearing on the application by Thomas Lindbeck for an administrative review of the Zoning Administrator's order to remove an addition to an auto body shop. The staff recommended that the Zoning Administrator's order be upheld. The applicant testified that he received a building permit in September 1983. When the Division of Housing and Building Code Enforcement notified him in December 1984 that the permit had expired, he reapplied by mail but received no reply back from the Division. He also stated the City erred in not informing him of the change in zoning which makes auto body shops first permitted in I-1 zoning districts. John Hardwick, Division of Housing and Building Code Enforcement, testified that when the permit expired in December 1984, the Division informed the applicant he had 10 days to renew the permit. The Division has no record of any permit renewal by the applicant. The public hearing was closed and the Board voted 6 to 0 to uphold the Zoning Administrator's order to remove the addition. .� . � . (,�_ �s=i��9 October 10, 1985 Page 2 Albert Olson, City Clerk On August 8, 1985, Thomas Lindbeck duly filed an appeal of the decision of the Board of Zoning Appeals. The reasons for appeal are cited in the attached application for appeal . This matter is scheduled to be heard by the City Council on October 17, 1985. Please notify me by October 16 if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, Rog Ryan Pla RR/mb attachments __ �.� _ � . _ _ _ . . . , � C'�-�.��4��9 APPLICATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUL Fi le # 9�7v� Application Fee S �� O� Tentative Hearing Date Application is hereby made for an Appeal to the � � f" o c{ � under the provisions of Chapter 64 Section , Paragraph of the oning Code to appeal a decision made by the � Board o oning Appeals � Planning Comnission on � - /-� , 19� _ Zoning Administrator (date of decision) Planning Administrator ( 7-a3- �-s-") _ Other A. APPELLANT ' Name �i 6 c� � � �� c� Dayt ime phone 7�E -� ..��'�S"� Address /,� y � Cf r �• �r �/� S7` Zip Code. �,�5/�� _ B. DECISION BEING APPEALED ' / Zoning file name �`It/s��S �i�'4 ��r��c��oning File # %77,-� Property Address/Location /3 /�� r" ��N �y _ i Legal description ��7`" /� � /3; /3/fi � , G�4�'�s ��-.K/ �r'��- �`� �' C. GROUNDS FOR APPEAL (Use additional sheets if necessary.) (Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission.) / , , � ;.�. � � �! .r-� / � , � r. ,� �� / ,� / ,i ,r, > 4 �7 ��o �� P 1, �/"//r'"L.t A� Pi� �iL�L-L�T2`� �Lt� . rl�ll� ill�'/n�9�-C:..�iJ� Zi�z[,C� ��CQ— ��. r .. ! _. t �?: ss_. ,.,..� (i! , ' i If you have any questions, please contact: �� - � f�� °�� licant' gnature St. Paul Zoning Office ` °` ' . � �' , - 1100 City Hall Annex - � 7r � � 25 West Fourth Street � Saint Paul, Minnesota 55102 D e City a n - (298-4154) g/82 r � , � 1- --- .___._ . .�... .. . .. _. _ . . . . � . . . �. . , .� , � . r�= �..5- i�l�� city of saint paul board of zoning appeals resolution zoning file number- ' 972 � date August 13, ,985 � . WHEREAS, Thomas Lindbeck Auto Body has applied �for an Administrative Review under the provisions of Section 64.204 of the St. Paul Legislative Code, of . a decision by the Zoning Administrator ordering the removal of an addition to the main structure on property located at 1346 Arcade Street. WHEREAS, the Saint Paul Board of Zoning Appeals conducted a, public hearing on July 23, 1985, in accordance with the requirements of Section 64.204 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes on record with the Planning Divisi.on, made the following findings of fact: 1 . Thomas Lindbeck appealed the Zoning Administrator's order to remove a "spray booth`'� erected on�tfie-p'roperty "1oCat�d 'at`1346''Arcade;''='' �� contending that the Division of Housing dnd guilding Code Enforcement did not act on his request .for a building permit; and f urther,, he was not notified of the zoning district change affecting auto body shops. 2. On three occasions, June 29, 1983, September 15, 1983 and December 5, 1984, the Division of Housing and Building Code Enforcement sent letters to Mr. Lindbeck indicating that his place of business was in violation of Zoning Code provisions prohibiting outside storage in a 6-3 zoning district. � 3. The applicant continues to store auto parts on the roof and north wall of the main structure. Section 60.542 of the Zoning Code does not permit outside storage. 4. In September of 1983 a building permit was issued to Mr. Lindbeck for � . the construction of a storage building. On December 5, 1984, the Division of Housing and Building Code Enforcement informed Mr. Lindbeck by letter that the building permit had expired. 5. The records of the Division of Housing and Building Code Enforcement indicate that Mr. Lindbeck did not apply'for a new building permit prior to the construction of the addition at 1346 Arcade Street. Further, the Division of Housing and Building Code Enforcement indicates that if the applicant had followed proper procedures, he would have been advised that he could not now erect an addition without Planning Comniss�ion approval . 6. Effective February 25, 1985, an amendment to the Zoning Code clarified that auto body shops are first permitted in the I-1 zoning d.istrict. Previously body shops were permitted uses in a B-3 zoning district and did not require Planning Commission approval of additions. With the changes in the code, auto body shops located in a B-3 zone were classified as legal nonconforming uses. Lindbeck Auto Body is permitted as a nonconforming use in a B-3 zone. . mQ�/ed b�/ Mr. Clsborn JC�iI'3�1.1�i1�.J t!� �i!". wVut;s _ �in favor 5 against � . . SEE REVERSE SIDE FOR: TIME LIMIT/APPEAL/CERTIFICATION Ma i 1 ed �s� ��,1�$a . . . . � . }(,�.-- �s'- i��9 7. Structures which are permitted as a nonconforming use in a zoning district may not be enlarged unless the Planning Commission permits the expansion. Lindbeck Auto Body has not applied for an expansion of its legal nonconforming use. 8. In April , 1985 the appellant constructed an addition to his property without obtaining the necessary site plan approval and permits as required by the Zoning Code. 9. On May 31 , 1985 a site plan application for the addition of a storage garage was submitted by Mr. Thomas Lindbeck. 10. Section 64.101 authorizes the Zoning Administrator to enf orce the provisions of the Zoning Code, certify zoning compliance and issue building permits. A building permit was not issued by the Zoning - Administrator to Mr. Lindbeck for the addition that Mr, Lindbeck constructed during April , 1985. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the Zoning Administrator comnitted no error in fact or procedure when he determined that the addition to Lindbeck Auto Body should be removed pursuant to Zoning Code Section 64.101 and 62.102(5)(1 ); and BE IT FURTHER RESOLVED, that the St. Paul Board of Zoning Appeals affirms the order of the Zoning Administrator for the removal of the addition to Lindbeck Auto Body; and � BE IT FURTHER RESOLVED, that Lindbeck Auto Body be ordered to remove the addition to the main structure on property located at 1346 Arcade Street and legally described as Lots 12 and 13, Block 7, Lane's Phalen Grove � Addition. - . . . . _ ,. .. _ . . - - - � - -- - .. ,,. . . , . . . . TIME LIMIT: No order of the Board of Zoning Appeals permittinq the erection or alteration of a building or off-street parkinq facility shall be valid for a period lonQer than one year, unless a •building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extPnsion not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. CERTIFICATION: I , the undersigned Secretary to the Board of Zoning Appeals for the City of Saiat Paul , Minnesota, do hereby certify that I have compared the foreqoing copy with the original record in rqy office; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes • of *hP S3in�985�'� 84ard ¢f Z�^irq �rr��s ^:�L��g h�ld on Jul 23, , and on record in the Saint Paul Planning �vision ice, W. Fourth Street, Saint Paul , Minnesota . SAINT PAUL BOARD OF ZONING APPEALS Secreta to the Board . . � .. , . . . Cvr= �5`,��q BOARD OF ZONING APPEALS STAFF REPORT FIL� # 9772 l . APPLICANT: THOMAS LINDBECK AUTO BODY DATE OF HEARING: 7/23/85 2. CLASSIFICATION: Administrative Review 3. LOCATION: 1346 Arcade Street (Southeast corner Arcade and Clear) 4. LEGAL DESCRIPTION: Lots 12 & 13, Block 7, Lane's Phalen Grove Addition 5. PRESENT ZONING: B-3 ZONING CODE REFERENCE: Section 64.204 6. STAFF INVESTIGATION & REPORT: DATE 6/26/85 BY William Magnuson _________________________________________________________________________________________ '� A. PURPOSE: To consider an administrative review of a decision by the Zoning A ministrator ordering the removal of an addition (spray booth) from the main structure. B. AREA & FRONTAGE: A regular shaped parcel with 88' fronting Arcade Street and a ony C ear Avenue. The site area is approximately 11 ,748 sq. ft. C. SITE & AREA CONDITIONS: This corner site with alley access is occupied by an auto ody s op. Lan uses in the surrounding area include: Johnson High School and community business to the west. Single family homes to the east and south, and community business to the north. Auto parts are stored on the roof and along the north side of the building. D. ZONING CODE CITATION: Section 64.204 of the Zoning Code gives the Board of Zoning Appea s the power of administrative review: "To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator in carrying out or enforcing any provision of the code." Section 60.201 (a) defines auto body shop: "A shop in the business of making substantial repairs to the shell or body of an automobile, and of major or substantial painting of the shell or body, and where the following services may also be carried out: general auto repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating. Section 60.612(14) permits auto body shops as a permitted use in the I-1 Industrial District. Section 60.214(n) defines nonconforming use as: "A use which was lawfully established, converted, or enlarged prior to the effective date of the Zoning Code (October 24, 1975) or amendments thereto, and that does not conform to the provisions of the district in which it is located." Section 62.102(5)(1 ) states: "No existing structure devoted to a use not permitted by the code in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located." Section 60.542 does not permit outside storage. E. ZONING HISTORY: On August 8, 1941 this property was granted a special condition use permit to be operated as a service station. Qn November 1 , 1957, this site was granted a special condition use permit to be remodeled as a filling station. On Janua�y 9, 1969, a special condition use permit to construct a new service station on this property was denied. F. FINDINGS: 1 . Thomas Lindbeck appealed the Zoning Administrator's order to remove a "spray booth" erected on the property located at 1346 Arcade. Mr. Lindbeck contends that the Division of Housing and Building Code Enforcement did not act on his request for a building permit; and further, he was not notified of the zoning district change for auto body shops. � '� ' . ' �,F �'S- ��% Thomas Lindbeck Auto Body (#9772) Page 2 2. On three occasions, June 29, 1983, September 15, 1983 and December 5, 1984, the Division of Housing and Building Code Enforcement sent letters to Mr. Lindbeck indicating that his place of business was in violation of Zoning Code provisions prohibiting outside storage in a B-3 zoning district. 3. The applicant continues to store auto parts on the roof and north wall of the main structure. Section 60.542 of the Zoning Code does not permit outside storage. 4. In September of 1983 a building permit was issued to Mr. Lindbeck for the construction of a storage building. On December 5, 1984, the Division of Housing and Building Code Enforcement informed Mr. Lindbeck by letter that the building permit had expired. 5. The records of the Division of Housing and Building Code Enforcement indicate that Mr. Lindbeck did not apply for a new buildiny permit prior to the construction of the addition at 1346 Arcade Street. Further, the Division of Housing and Building Code Enforcement indicates that if the applicant had followed proper procedures, he would have been advised that he could not now erect an addition without Planning Commission approval . 6. Effective February 25, 1985, an amendment to the Zoning Code clarified that auto body shops are first permitted in the I-1 zoning district. Previously body shops were permitted uses in a B-3 zoning district and did not require Planning Commission approval of additions. With the changes in the code, auto body shops located in a B-3 zone were classified as legal nonconforming uses. Lindbeck Auto Body is permitted as a nonconforming use in a B-3 zone. 7. Structures which are permitted as a nonconforming use in a zoning district may not be enlarged unless the Planning Commission permits the expansion. Lindbeck Auto Body has not applied for an expansion of its legal nonconforming use. 8. In April , 1985 the appellant constructed an addition to his property without obtaining the necessary site plan approval and permits as required by the Zoning Code. 9. On May 31 , 1985 a site plan application for the addition of a storage garage was submitted by Mr. Thomas Lindbeck. 10. Section 64.101 authorizes the Zoning Administrator to enforce the provisions of the Zoning Code, certify zoning compliance and issue building permits. A building permit was not issued by the Zoning Administrator to Mr. Lindbeck for the addition that Mr. Lindbeck constructed during Apri1 , 1985. G. STAFF ANALYSIS: At issue is whether the Zoning Administrator followed proper procedures in determining that the addition at Lindbeck Auto Body Shop should be removed or that the appellant was not properly notified of the procedures necessary to erect an addition to the main structure on his property. Mr. Lindbeck did not make proper application for a building permit. Further, he did not apply for a site plan review until after the addition to his property was constructed. In September, 1983 Mr. Lindbeck was granted a building permit for the construction of an addition to his property. This fact indicates that Mr. Lindbeck is aware of the proper procedures necessary in obtaining a building permit. It is clear that the Zoning Administrator has followed proper procedures ordering the addition to Lindbeck's property be removed. H. STAFF RECOMMENDATION: Based on findings 1 through 10 and the staff analysis, sta f recommends that the Board of Zoning Appeals find that the Zoning Administrator committed no error in fact or procedure when he determined that the addition to Lindb�ck Auta Body sh�uld bE removzd pur�ua�:t t� Zon��ny Cade Sections 64.101 and 62.�102(5)(1 ). The staff recommends that the appeal be denied. __ � _ _ ._.__. . . _ _ . r��.. � � �� . � �� N � . ' " a::.- i�f5_�� t � � � f:t+�i' - . ... �:... �""� . .._, yAfA ';'.�. MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN � CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, JULY 23, 1985 � �� . ,;�:;. . . .. ..: .,�_. '_T ,�M1�� . ' � �:;�` ,°:i� S;f..: PRESENT: Nime. Summers; Messrs. Kirk, Peterson, Osborn, Woods, and �;_ � "'�r:�; Zimniewicz of the Board of Zoning Appeals; Mr. Segal , Assistant ;-s :� City Attorney; Mr. Hardwick of the Division of Housing & Building ;,r =�� Code Enforcement; Ms. Beseman, Mr. Magnuson and Mr. McGuire of ;..� :�� the Planning Division Staff. ��- **�"�'�' y � �,.�. � �u � - � -�.�� ASSENT: Messr. Grais. �,� _ : '� ;�,b sf_ `;:�: 7he meeting vras chaired by James Kirk, Vice-Chairman. '"` `� '`w � ��Y�- �.�. � -;:'?' - . zri'�. 3 S�Y `fT �+��?' THOf�1AS LI(r'Df3ECK AUTO BODY (#9772): Administrative review of a decision b � :-� � the Zoning Administrator ordering the removal of an addition (spray booth) T i �,�'r from th� main structure at 1346 Arcade Street. _ _ �:�� '� •.��,A.,. �;� _ '.' 4 i+.�.; �"r`;� The applicant was present. There was oppostion present at the hearing. .�� ,�:`'� �:�i;� -.- Mr. Magnuson showed slides of the site, reviewed the staff findings and �" '' '? r•ecommended denial of the appeal . District 5 submitted a letter in �; `_ �". opposition to the appeal . - _-�= - _ ;; Thomas Lindb�ck, 1505 McAfee, stated that when he was notified that his x°� first permit had expired, he applied for a building permit in December of : � 1y84 but received no response back from the Building Department. He was �� n�ver notified by the City when the zoning was changed in 1976. The � building is insured and under Section 62.102 of the Zoning Code if the `r �� b�iilding were damaged because of fire, it could not be reconstructed. He : _, ,� stated that he has owned the property for 12 years and felt the City made a �� ,� �,:�: mistake in not informing him of the zoning change. '« � .,„:- >`s�.� _ ,� Mr. Peterson aske� Mr. Lindbeck why he was not granted a permit in December � = � of 1984. =I ��, . � :f' _.uil., Mr. Lindbeck stated that he applied for the building permit by mail and LL� :� � tl�at the Building Department was aware of his intention to expand. , ,:�� _ r; John Hardwick, Division of Housing & Building Code Enforcement, reported ��` that when th� applicant's permit expired in 1984, the Building Department : � infor„�ed �he him that he had 10 days in which to renew the permit. _ _ ;� The Suilding Department has no record of any permit that was applied for in� � � 1984 by Mr. Lindbeck. .--� . �.;, Mr. Peterson stated that in 1983 the applicant new the process for apply�ng `, �"�� for a building permit. In 1984 when the applicant mailed in the - - �� applicatior► and didn't hear from the City, he just took it upon himself to ;;, �� _ .ry.._ . , - build the addition. � - ` �- -�� : t� f �� . Mr. Linc��eck stated that he probably should have contacted the City ,� � : � regarding his building permit but he felt the erred by not notifying him , : , . � �t,� of the change in the Zoning Code. ,�� . ;�� '` � '�i`TF Yti�� Mr. Woods asked Mr. Lindbeck what effect denial of the appeal would have on__ .,�. � ,.,,�,.-r_ _� .�i his business. - .� �!y- ' _ � � .. ... - ,�Y..�� ..SY+..,.`� . � . " �S'�"" :.�i:..�2LYf' �� . . • - . 'L-�y� � �: . . . . . . .. . . . _. . .. . . ..J. .' 3 !•��M�' _i'��. __ _ .___ _� �.. �. . __._.. . . . .. ..._ .. »,..._..r� .��. .. � .. .�..-..- �� +�.��ni .. . . � ' _ .-_ - -_.-.'��. f � ... - ' _ b('QV-�.- Y�,� -_ � . . "'�� _.r __� - -. ._ - . .r.:-v. --��r � � . . . . .. _ .. -� -S� °:it >. - i Thomas Lindbeck Auto Body (#9772) Page 2 --� - _, .. as __ .�; �:; , . - � r �,�� Mr. Lindbeck indicated that it would cut the amount of his painting - -_ business by 50 percent. �: ; E= '_ ,,,� ,:�� J'J`. Robert Bohman, 1334 Arcade, stated that he was not speaking so much against�� t :�� the painting booth but was concerned about the advertising sign next to h�s:' '�:n=� house and the paint smell . ` ��"� � �.;� ,;; z ;� ,�� Hearing no further testimony, Mr. Kirk closed the public hearing portion of��r ��;�� > `b`{' �.. the meeting. N .�,_ � �z ' � ;>� _ .�: Mr. Zimnie�icz made a motion to deny the appeal based on staff findings 1 :=2 �; through 10 and the staff analysis. Mr. Peterson seconded the motion, which :�' ��' �'�� passed on a roll cal 1 vote of 6 to 0. - �� ' �� ;� �:�,.- r :,:;�� ..�; :;��" . Submitted by: proved by: L=� �' , i:: �. � -. ��.r:�! j a , � 1 _ -� G -.3 .T� '\ �� -,-,�i��..� /. 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T � c. . � �� a � � w o � � - . �y � .. -- - . � ► , o„�Hy, � 3�6 _� �, � � ► � � • t� . . � _.. , - o . . ; �, _ . . - .-�---._�. . � __' r � ---- _ �__ S`''.._.---- -- s�v_c��c __-- �•-_ -.—G'``}�ss — • -- - /9�"'�•/�� Sl�� -----. . . w . . . 'l. f �i.��, � r`� � f I ! v ,�.�+'E''`a�� 1`�� '°! �.� --�— -- , . . :� ,. ._._._ ,,...,,.,,,_,.:,�.�Y. _..� � , . . . .. . � ��`�� `��Tr o� �• ••, CITY Of SAINT PAUL ° � DEP/1RTMENT OF COMMUNITY SERVICES : _ .• �' "Q DIVlS10N OF HOUSlNG AND BUIL�ING CODE ENFORCEMENT ... _ Ciry F1�II.Ssiot Pwl,Minnesots SS102 Geor`e LatMner 612-29d-�212 �Ya June 4, 1985 Thomas Lindbeck 1346 Arcade Street St. Paul , Minnesota 55106 RE: 1346 Arcade St. Dear Mr. Lindbeck: We have received your application for an administrative review of the zoning administrator's order to remove the building addition recently erected at the referenced property. However, we have not received the required $260.00 fee. Although, the deadline for the application (May 24, 1985) has expired, we are granting an extension until June 10, 1985 for you to submit the fee if you still wish to appeal this decision. Our conclusions regarding this matter are as fotlows : 1 . An addition was added to the referenced building without the required building permits or electrical and mechanical permits. 2. An auto body repair business at the referenced property is a legal nonconforming use and as such may not be expanded without a site plan review and planning commission approval . Although a site plan was submitted belatedly, we have been informed by the Planning Division that the addition as indicated is unacceptable. 3. There continues to be outside storage of parts and materials on the roof of this building in violation of Section 60,542 of the Zoning Code. If you decide to appeal our decision on these matters, and if your appeal . is granted, you will still be required to obtain the necessary permits and ' to comply with item #3 above. � If we do not receive your fee for the appeal by June 10, 1985, we will assume � you do not wish to appeal our decision and proceed :y�i�th the necessary enforcement action. � : If you have any questions regarding this matter, contact John Hardwick at ,.�;,,� t,..�, 298-4215• �� ncerely, , '�� ■o x�� ♦ �.+t� 61 enn A. Er i ckson . •�:.� Zoning Administrator ""� a'�., GAE/JH:km �,� �`^'� - : .��_,,.,_._, . . ., . . . . , .. . . , . .� .-� , .� . . -. , , , . . , . , . , , . . . . , . , . . , . . . . . . . .. . . . . . . . . . ,. � � ._. , . h. �. _. � . � �. � C�,��-��9 � :��rFa� rr f i��_<<: �,;,�� n;cs �,; �l�r�� ( � 10 �2 A�� '�� . I ' � 1 �= C��c.��-�.� ��. ,; � 11 - .� � ,, � �.��- �� ,a.�-� .�� ,a._ �� ' ,a� � �..0 «- .��.�.C� . - � � �i �� . ,?o o-zc�.. � � ,.II�� ' �� .,, . '" / �-�. ,��L,-� / y �� `;i , � �.t �� c� � ��•-� � �� --1� ,� � .� � .� �� f r �si�'i.C,c �� G't � ° � '_ i � ,��..,_ -.�� .�l .�� ' .�=� ;�; . /� � �z'�-�Y ./.v—� . �� ,�G'�� M �� I. 1 �1 ;i; �'.sJ �c,� ��vL, .�.e- -zv. � .��r�y ��-u�nv . __ _ � �? _ ��u ✓�� u�.� �� ,� - .. f I �G� G � � �LL ' Z f�" =�G1-f'+e'Le . � � � � � �� ri �� (� 3 ��- .,.�-- �► - >��./ . � ��-�.e. �� ( �° .,� �.�;� . ��I� . ��' y, Zv',��- �,�,� �� ..�r� a�il, .�� . .�` �,�.= ,��.,�1..� a�� - • , � . , C��, .� ' ��",�. � �� a� w .ar, `,��-�-�-� �.,�-��.�.f o�..�- �,�..� %� �.o �� .��• �O • ` r . , -' .. _ �d'`_/��1 `��rr o� �` �, CITY OF SAINT PAUL _ ; _ ; D�PARTMENT OF COMMUNITY SERVICES �' �,� "p DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT Ciry Hall,Saint►aul,Minnesota SS702 George lstimer 61I-29b�212 �ra May 15, 1985 Thomas Lindbeck Lindbeck Auto Body 1346 Arcade St. St. Paul , MN 55106 RE: 1346 Arcade St. Dear Mr. Lindbeck; You have indicated your desire to appeal our order of April 26, 1985 requiring the removal of the addition recently erected at the referenced property, because it is your belief that Planning Commission approval is not required, An appeal for an administrative review before the ' Board of Zoning Appeals must be submitted within 30 days of our order. Therefore, you have until May 24, 1985 to fi }e your appeal or remove the structure. Enclosed is a copy of the applicable sections of the zoning code for your information: 1 . Zoning map 1{6, indicating that the referenced property is zoned B-3. 2. Section 60.201 .A. , defining "auto body shop", 3. Section 60.540 - 60.544� specifying uses permitted within a B�3 zone, 4. Section 60.610 - 60,615, specifying uses permitted within an I -_l zone� including auto body shops �under 60,612 (14) . 5. Section 60.214.N. , defining "nonconforming use"� 6. Section 60. 102, Subd. 5, indicating that nonconforming uses cannot be expanded under paragraph 1 , and specifying that an exception can be made by the Planning Commission under paragraph 11 . S'ncerely, � , . Z��7� Glenn A. Erickson Zoning Administrator , GAE/WL:km Enclosures ---.,.--_--_� _.___._ ..._. ---- ._.__.. , --- . Z�� LE _g�-1.�-- � _ . _ .. __ . �,, ��---/�y „+��TT ', ,, CITY OF SAINT PAUL e „ � � • � DEPARTMENT OF COMMUNITY SERVICES ''• ,� •'• ^c DIVISION OF HOUSlNG 11ND BUILDING CODE ENFORCEMENT ... City Hali,Saint P�ul,Minnesota 55102 George latimer 612-298-4212 M�yor z April 26, 1985 � Thomas Lindbeck Lindbeck Auto Body � 1346 Arcade Street S -'. Pau1 , Minnesota 55106 RE: 1346 Arcade St. Dear Mr. Lindbeck: This letter is to serve as notice to remove the "spray booth" recently erected on your property. There is no record of a building , ventilation , or electrical permit or a site plan submittai , A body shop is a noncon- fo�ming use in the zoning district which you are located and any expansion requires Planning Commission approval , Failure to remove this structure within 15 days will necessitate enforcement action being taken on all of the above mentioned. Our files also indicate that your certificate of occupancy has been delinquent since December, 1984, Occupancy of your building without a current certificate is a misdemeanor. Action will also be taken on this matter within fifteen days. Our records also indicate that there is an outstanding zoning complaint relating to outside storage. We would like to bring to your attention the code provision which stipulates that every day a violation exists , it may be considered a separate offense. Sincerely, . � •� a. _._. enn A. Erickson Supervisor of Code Enforcement GAE/RLA:km cc: Fire Marshall , i��i� i" i" � __=1��— �.'v/�`�� _ _ _ � � . � .� . � . C��'�� ,�.�``T* °';, CITY OF SAlNT PAUL � � ��n � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �� a DIVISION OF PLANNING ,��. L 25 West Founh Street,Saint Paul,Minnesota,55102 s�z-2�-�sn GEORGE L1ITIMER MAYOR June 5, 1985 Thomas Lindbeck Lindbeck Auto Body 1346 Arcade Street Saint Paul , Minnesota 55106 RE: Site plan review #1121 - addition of storage garage Jear Mr. Lindbeck: This office has reviewed your plans and finds them unacceptable for the following reason: 1. There a�pears to be inadequate on-site standing space for vehicles entering flr Exiting the doors of the addition opening onto Clear Street. Vehicle access - at this location would necessitate illegal maneuvering in the public right- of-way. (See attached zoning regulation 62.105. ) For this reason, approval of the above referenced site plan is hereby denied. Please note that this decision may be appealed by anyone to the City Council for a per-iod of thirty (30) days. If you have any questions, please call Lawrence Zangs at 292-1577. Sincerely, �%��y��v' . Char�es L. McGuire Principal Pianner - Zoning � CLM:LZ:sb CC: Wendy Lane _ � ��`�� PLANN�F S�pFPEC CITY ,`,UN .1 O 19� R___�, _.�_.._ _ �,�� ,�r°�i�� L� . ,• ��s-��9 �^AUn^O�MINN�SOTA�RAMSFY[pUNTY MUNI�IVA(�OURi r�nra g a;r sw..�n upon r , �- -- � - ---- '`"."r:�°�°. .,�.�, DIVISION NO._� CITY OF , °rin�r��_�.,,n.�_ ,., � - �COMPLAINT �_ _y.�� ,,.x. ,,, Q . �24965 NJmr �_� � ' . . .,,,n U.nc �/V ' _ —_ c: i ,,. �� _._ :� �� A� �S ^x.u,� i��.. —_ .. ��M�' �_.s� � - tiaa,� .� �-_�:�-- -_'— ---�._ _,_ --- _"'/Zl - . --.--______ _ 1 � ---- ------ -— 1 S / i �L� Ai'� i/`_i-_...__. -�� J-_ .If.I --__.5_%c>-j - ---- ----- � - -� - � �- -------- � ,. . ��-- '¢�"__cJ�_-� � � 'Z!� h �^' `�?''—�`v.c4,.�-e ,�� j �----•� /� ��-=--�--__c�✓__ ! � ----.—____ �- �T i.3 ��y2��_ � --- -- _ ' :�' ' I -._-_.._ - r -�_'_--.- . 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SAINT PAUL PLANNING BOARO V VACANT 1� �. • /� .� . -. � � C'�.� is��9 , _ �,� �=*":;w�� - CITY OF SAINT PAUL • � ;£ DEPARTMENT OF COMMUNITY SERVlCES ,� S=�i i n� :; ' :�. .� • � DIVISION OF HOUSING AND BUILDING CODE ENfORCEMENT '� M5 City Hall,St.Paul,Minnesota 55102 �o,,, �...�. 4mm..,..o GEORGE LATIMER 612-298-4212 MAYOR December 5, 1984 Thomas Lindbeck Lindbeck Auto Body 1346 Arcade Street St. Paul , Minnesota 55106 � RE: 1346 Arcade St . � Dear Mr. Lindbeck: On June 29, 1983 you were ordered to remove the auto parts stored on top of the building at the referenced property. In September of 1933 a building permit was issued for construction of a storage building on this property. You stated that this new building would be used to store the parts now on the roof . A recent inspection revealed that there are still auto parts stored on the roof. The new addition has not been built and the permit has expired. ' A reinspection will be made on December 10, 1984 . If the auto parts have not been removed from the roof, an ordinance violation ticket will be issued. If you still intend to build a storage addition, you will have to apply for a new building permit . However, even if you apply for a new permit the auto parts must be removed from the roof by December 10, 1984.. If yqu have any questions regarding this matter, contact John Hardwick at 298-4215. S ' cerely, � ' , Glenn A. Eri.ckson Zoning Administrator GAE/JH:km �� 1 i��__.�d LE �� o .� _ __ ---— _ --- . , ` , ,� , ' � �f�5=�/�f�9 �,,. ,, CITY OF SAINT PAUL �� ~' DEPIIRTMENT Of COMMUNITY SERVICES V, ': "' � DIVISION OF HOUSING /1ND BUIIDING CODE ENFORCEMENT • " City Hsll,Saint►aul,Min�esota 55102 ••• 612•29b-�112 George latimer Maya September 15, �983 Thomas Lindbeck 1346 Arcade St . St . Paul , MN 55�06 RE: 1346 Arc.ade St. Dear Mr. Lindbeck: We have not received an app lication for a buildin9 permit for the referenced property. It is our understanding that a storage building addition w.as to have be e n b u i l t b y this time, and that the automobile ro erty• Unless a parts would be remoieda�ion tsere�eived within 1� days or the automobile buildi�g permit app parts removed within 10 days , we will have to take further enforcemen action. If y ou have any questions concerning this matter , contact John Hardwick , at 298-�215• S� rely, � , , Glenn A. Erickson Zoni.ng Administrator , GAE/JH:km ZC�' �I �!� FRLE --� �� ___._______-- ` t.... -_3 , Y �S:'_ � � , � . �. c�*r oo - �: ,� .r �.!`� ��'�� : � - x � r��' i � �` . ^° DEPARTMENT p f C�Y OF SAINT PA UL ' �" MMUNITY George latimer ��V�S�ON OF HOUSING A1�p SERVICES M�yo� BUILDING CODE ENFORCEMENT City H�� 5ain�p�� Minnesota 55102 612-2gg-4212 June 29, 1983 Thomas �indbeck Lindbeck Auto Body �346 Arcade St . St. Paul , Minnesota 55106 RE: 1346 Arcade St. Dear Mr. Lindbeck: We have received a com 1 ' roof of the referenced P a�nt regarding the general business b�� d'�9• This storage of auto parts , zoning district, P�OPerty is located in a g°n the material is not permitted i� Outside 9 of e �� 3 must be removed this d; stora e q ► from the strict. Therefore, a� �Pment or roof of _the b�� d�� auto g and stored inside, Parts A reinspection will be made on July 8 1983 to de has been compiied with. ' termine if this order �f you have any questions regarding this . at 29g_4215, matter , contact John Hardwick Sin rely, � � Glenn A. Erickson � Zonin � g Administrator GAE/JH:Icm � _______...__._..._..._ _... . _... .�.___.._.._._.�.__ R .. . :. . , Y .�:,.h. ... �.� �t {,n t ��1'�1 �� "I �.i�: ��j Y....- �6.�'S � �� - � - V @��=�� ..: . _ �,�ED.ST• PAUL CITY CDUNCiI. - � QcT � 2 �4��LIC HEAR lNG N OTI CE c��Y c��u'� °F�icE Z 0 N i N G s T f-A,:.�!� !�i�Iti N, To: Property owners within 350 feet; representatives of Di strict 5 FI L E N 0. 9772 PAGE P U R P 0 S E To consi der an anpeal of the Board of Zoni ng Appeal 's deci si on upholding the Zoning Administrator's order to remove an addition to an auto body shop. LOCATION �346 Arcade (Southeast corner of Arcade and Clear) PETITIONER THOMAS LINDBECK H E A R I N G Thursday, October », 1985 lo:oo A.M. � Citv Council Chambers, 3rd Floor City Hall - Court House QUESTIONS Zoning 298-4154 �Ro�qer Ry�n) Contact the Zoning ec ion o the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 Legal descri�tion: Lots 12 and 13, Block 7, Lane's Phalen Grove l�ddition Notice aent 10-4-85 . �� .. � � C��-�� ST. PAUL CITY COUNCIL �- � PUBLIC HEARING NOTICE ZONING FILED r1 T � 4 i� �8� To: P rt,v� owners within 350 feet; r��r��i;��t��Fl� Di stri ct 5 F I L E N 0. 9772 PAGE PURPOSE To consider an appeal of the Board of Zoning Ap�eal 's decision upholding the Zoning Administrator's order to remove an addition to an auto body shop. L 0 C A T I 0 N 1346 Arcade (Southeast corner of Arcade and Clear) PE�ITIONER THOMAS LINDBECK ��C3 Thursday, OCtOber 17, 1985 10:00 A.M. Ct.tv Council Chambers, 3rd Floor Citv Hall - Court House �� o ��a Zoning 298-4154 (Roger Ryan) Contact the Zoning Section of the Planning and Economic De�•elopment Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 f_egal descrintion: Lots 12 and 13, Block 7, Lane's Phalen Grove ,'�dd i t i on fiotice sent 10-4-R5