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278128 WMITE - CITY CLERK PINK - FINANCE CANARY - DEPARTMENT COIIIICII ����, BLUE - MAYOR G I T Y O F S A I N T PA U L File N O. ��� a � � ouncil Resolution Presented B • Referred To Committee: Date Out of Committee By Date WHEREAS, Mark Rutzick applied to the Board of Zoning Appeals for a review of the Planning Commission ' s denial of a special condition use per�nit with modification for a game room to be located at 2163 Ford Parkway; and WHEREAS, Following a public hearing with notice to affected property owners the Board of Zoning Appeals by its Resolution No. 9064 adopted December 8, 1981, determined that the Planning Com- mission did not coznmit an error in interpreting Section 60 .534 (3) of the Zoning Code pertaining to the measurement of the 100 foot distance requirement between indoor commercial recreation uses and adjacent residential properties and that the distance should be measured from the closest point of the coznmercial building in which the indoor recreation use is located to the closest resi- dential property line; and the Board further found that the Plan- ning Commission did commit error in refusing to grant a modifi- cation to the 100 foot spacing requirement set forth in Section 60 .534 (3) and the Board did thereby grant the special condition use permit to Mark Rutzick; and WHEREAS, The decision of the Board of Zoning Appeals was appealed to the Saint Paul City Council by the Pinehurst Area NeiGhbors ' Association requesting that the City Council reverse the Board's decision granting the �nodification and issuance of the special condition use permit to r�ark Rutzick for the game room at 2163 Ford Parkway; and WHEREAS, A public hearing was duly conducted by the City Council on January 4, 1982 with notice to the appellant and all a��ected property owners and where all interested parties were given an opportunity to be heard� and WHEREAS, The Council, having heard the statements made and having considered the variance application, does hereby affir�n COU[VCILMEN Requestgd by Department of: Yeas Nays Hunt � Levine [n Favor Maddox McMahon B snoweiter __ Against Y Tedesco Wilson • Form Appro ed ity A orney Adopted by Council: Date — Certified Passed by Counc.il Secretary BY By Approved by Ylayor: Date _ Approv y ayor for Submission to Council By - — BY — WHITE - CITV CLERK � ����� � PINK - FINANCE COU11C11 �d b ' CANARY - DEPARTMENT . G I TY OF SA I NT PALT L BLUE - MAYOR File N O. . � ~ • Ordin�nce o=alnan�e No. Presented By Referred To Committee: Date Out of Committee By Date the decision of the �oard of Zoning Appeals in this �natter and does hereby concur in the findings made and determined by said Board; and, be it FURTFiER RESOLVED, That the appeal of Pinehurst Area Neighbors ' Association be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall �nail a copy of this resolution to Pinehurst Area Neighbors ' Association, I�tark Rutzick, the Zoninc� Administrator, the Planning Co�nmission and the Board of Zoning Appeals. 2 . COUNCILMEN Yeas Nays Requested by Department of: Hunt � Levine In Favor Maddrllr' McMahon showa�te� _� Against BY Tedesco �� Adopted by Council: Date JAN 2 8 1982 Form Approv y At rney Certified Pas d by Council Se ar BY By , Approved by or: Date FEB � 198� Approved y Mayor for Submission to Council By . BY PUBUSHED FEB 61982 � . , . _ � � _ . , - `a, �,�� , , , � , �-� 1 , ' . � � ' + � ' ' I �. ; t:• � - . I 'i i • r . , .� . , � . ' . Peb�arg .Z, 198� � ' ' ' , ' ' � . '' - ` ' _ i ' / , <; ; � , , . � . . - � . . 1 ', „ , . , � . ; � ,. , . , ; , . _ . � � Pinahuret Aree Ni�g&bor�iood Assortiat�.c�i . c/o Jt►�m �#augan � . , 2�42 Pinet�rit Avs. , St. Pauly �is�u��eeota 55116 � , . , -. , ,. , . , Desr Sir::. ; , :, - , , On ..?a�iusry 28, i�2 tha 8C. Paul City �v�cil adopzed a tasalut,ian . . d�Y�B T� app�al to s �ie,isiox� of ttis Bosrd' a� P.creci�pt �►PP�a9.s for: ; � ' P=aPs�rty��it 2163 Foi�i Parkway. F�bciosed !or pour in�ot�t�on i� a cop�r oi , . , ; � • . C.t. l�a. 27�2�E. ; ` = ;. � , � � ;- � . , V��cy trul� y�otirs,� � - � ' �! _ : �� �..t:_.__-�. ��., , , � ' f Iklb+tse B. blaon . %�. ' " , � i , , . �C�.�ty C�4rk . ` I` - . , ` (�, r, � � ,' � , � � � _ � � ' �, � ��, . � ` �i+C1091#i'! I� , ; ;�1� ' ''- ' _ � c�: Matk �uts�.ck, 366 Wa�outa St.� St. �nti., Mfnn.. 57�i01 : . 1 , Za►iesa �dratnistrator , . . / � `.;, Fxamiitg Cb�ae�iarl,.ou' _ � ��sd 4� T+ob�,l1pp�s . � , , ��\� . , , , - . � . , . , ,_ ; . . , ' , , , � , , . , - � . , , , , � . ,;� � : . . . � , , _. , , . , , , � � , _ ' � ' , +,� . , ; , � : , . ', . _ ; , . � � , � , , . . � , . : � � � , _ 1 : . I 1 ZONING STAFF REPORT , '��,�y�C7 , 1 . A�PLIC`A,NT: MARK RUTZICK DATE OF HEARING 11/24/81 2. . : . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . . _ ._ CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning ❑ Var�ance ❑ Special Condition Use ❑ Administrative Review Q Determination of Similar Use . ❑ Other Change of Nonconforming Use � ❑ Other ❑ I 3. LOCATION: 2163 Ford ParRway (North side between Cretin and Finn). r�:! �� � CITY OF SAI�f����'AUL �� plT7 4r C 4.t' � �~ �I ��������; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ,�r i{u �un a ,a�� �°`'ln,.,�• DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER MAYOR 612-298-4151 December 21 , 1981 Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File #9064 - Mark Rutzick i City Council Public Hearinq: January 4, 1982, 7:30 P.M. ' Dear Sir: This letter is written in response to the appeal of the Pinehurst Area � Neighbors Association to a decision of the Board of Zoning Appeals to grant a special condition use permit to Roc-a-Fellas (Mark Rutzick) to operate a game room at 2163 Ford Parkway. The Planning Commission denied the permit on November 6, 1981 ; Mr. Rutzick appealed to the Board of Zoning Appeals and the Board of Zoning Appeals issued the permit. On November 24, 1981 , the Board of Zoning Appeals held a public hearina on Mr. Rutzick's appeal . Correspondence received on the matter included: a letter from Glenn Erickson stating that since 1976 his Division has measured from the door of the building to the residential property line; a letter from the Planning Comnission stating that they feel the distance � should be measured from the building wall rather than the door to the residential property line; a letter from the Merriam Park Community Council explaining that the Council passed a resolution stating that they feel the distance should be measured from property line to property line; 3 letters in opposition from neighboring property owners ; and 19 letters and a petition with 7 signatures in support of the appeal . Testimony was heard from 5 people in support of issuance of the permit. Five people testified in opposition. On a vote of 5 to 2, the Board of � Zoning Appeals approved issuance of the permit based on these findinqs : denial of the modification and the permit would result in exceptional • hardship to the owner; it would not impair the intent and purpose of the distance requirement; it is consistent with the health, morals, and general welfare of the community and with reasonable enjoyment of adjacent property. The Zoning Committee of the Planning Commission held a public hearing on Mr. Rutzick's application for a special use permit on November 5, 1981 . Six letters were received in opposition, including a letter from the Southwest Area District Council . Testimony was heard from 6 people in support of the application and 10 people in opposition. The Zoning Committee voted 4 to 3 to deny the modification and therefore the special I �O !��ARK RUTZICK (�9064) STAFF REPORT Page 2 � . � F. �IP�DINGS CONT'D. 4. At their P�ovember 6, 1981 , meeting, the Plannina Commission determined that the measurement should be made from the building to the residential lot line. The Planning Commission's decision was based on the fact that this method of ineasure- ment has been consistently �used by the zoning staff and Plannin4 Commission and� a number of decisions of the Planning Commission have been made using this method, . Also, the Planning CoTr�nission noted that almost any establishment would be able to meet the 100' condition if ineasured from the front door since most lots are deeper than 100' . 5. Measuring from the building to the closest residential property line, the use is approximately 45' from residential property and a modification of the distance requirement is necessary to use the property as a game room. 6. The Planninq Commission based its denial of the permit on findings that strict application of the condition would not result in hardship to the owner since the property could be used for other uses allowed in a B-2 zoning district; and modification of the condition would impair the intent and purpose of the � condition since there is no buffer between the use and residential property. � . Also, based on the fact that the business was operatinq without a special condition use permit and was violating the permitted hours of operation of a game room and based on the testimony qiven at the Zoning Committee meetin�, the Plannin� Corronission determined that modification of the distance requirement is not consistent with health, morals, and general welfare of the community or with reasonable enjoyment of adjacent property. � 7. The appellant basis his appeal on the fact that the License Division measures � differently than zoning does and using the License Division's method of measurement, the game room is 154' from residential property and the 100' condition is met. 8. On both of the pertinent questions of 1 ) how should the distance be measured; and 2) is there a basis for granting a modification, there is no evidence that the Planning Commission made an error in any fact or procedure in their denial of a special condition use permit. 9. The appellant's license expired on October 31 , 1981 . A License renewal has been applied for but no action has been taken on the application pending resolution of the application for a special condition use permit. G. STAFF RECOMMENDATION: Based on findings 3, 4, 6, and 8, staff recommends denial of the appeal . '''�' i? a� �CJ� � . � . ` \ r ' , � MINUTES OF THE MEETI�dG OF Tt�E BOARD OF ZONING APPEALS IN � CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, NOVEMBER 24, 1981 PRESEP;T: �1mes. Morton and Summers; !�essrs. Grais, Kirk, Osborn, Peterson, and aloods of the Board of Zoning Appeals; Mr. Sec�al , Assistant City Attorney; Ms. Lane of the Division of Housin� and Buildinc� Code Enforcemeri�t;� P1s. Beseman, Ms. Dayk.i n, "1s: James , and i1s. Von Plosch of� the Flanning Division Staff. ABSEP�T: None The meeting was chaired by Gladys Morton, Chairman. MARK RUTZICK (#9064) : Administrative Review of the Planning Commission's enial of a specia condition use permit with modification for a c�ame roam at 2163 Ford Parkwa,y. The appellant was present. There was opposition present at the hearin�. Ms. Daykin showed slides of the site and reviewed the staff report with a recommendation for denial of the appeal . Correspondence was received on the matter: a letter from Glenn Erickson stating that since 1976 his Divsion has measured from the door of the building to the residential property line; a letter was received from the Plannin� Commission statinq: that they feel the distance should be measured from the building wall rather than the door to the residential property line; a letter was submitted from the Merriam Park Comr�unity Council explaining that the Council passed a resolution statinc� that they feel the distance should be measured from property line to . . propert,y line; 3 letters were received in opposition from neighbora,ng property owners; and 19 letters and a petition with 7 signatures was submitted in supoort of the appeal . In regard to staff finding 3, Mr. Segal stated that the City Attorneu's Office's interpretation of the Zoning Code was not a basis for the Planning Commission's interpretation of how the distance should be measured. The City Attorney's office has not issued a formal opinion on the matter. Ms. Sur.u�ers asked staff which method of ineasurement the Planning Commission has used historically over the last 3 to 4 years? Ms. Daykin commented that it was her understanding that they have consistentiv measured from the building wall to the nroperty line. Steven Rutzick, 304 Galler,y Buildina, attorney representin� Mark Rutzick and Roc-a-fellas Inc. , stated that before this venture was entered into, a discussion took place with the License Division and a measurement was made at which time Mr. Rutzick was told that he was in comaliance with the Ordinance and therefore special condi�tions need not be met. It was only after that was done that construction beqan on the premises , that money was expended in regard to the p�emises and that a license was granted by the License Department. Ttie business opened and it was at that time they were informed that they were not in compliance and would have to obtain a conditional use permit. There was discussion regarding the December 8, 1976, meetinq of the License Committee where discussion took place on the method of ineasurement. �' M��k Rutzick (�9064) Paqe 2 Marlowe Schultz, 1892 E. Maryland, Deputy for Ramsey County, reported that from his own observations in dealing with the Roc-a-fellas in Falcon Hei�hts he feelsit was a reputable business. Bill Cockriel , License Inspector, reported that he was one of the inspectors that took the measurement of the site in question and found it to be over � 100' from the front door to the �property line. Louie Meyers , 1889 Princeton, testified in support stating that the Roc-a-fellas operation is no different than any other business and was preferable to a liquor estabishment. Robert Crautz, 96 S. Wheeler, expressed support on the basis that it would be an asset to the corr�nuni ty. He cor�nented that when a ci ty offi ci al states that your property is within a reasonable limit, then it should be upheld. Lewis Vine, 2040 Highland Parkway, spoke in support statinc� that it would be � a benefit to the neighborhood and would give the kids a place to go. Jeff Oren, 1771 Dayton, testified in support and felt it vrould be better to have the kids in a supervised area than on the street. Clyde Illg, President of the Southwest Area District Council , 1420 S. Mississippi , reported the Council 's opposition to the matter and stated that the Council passed a resoltuion on the interpretation of the 100' distance requirement. ' The Council feels that the Zoning Ordinance clearly intends to protect the more restrictive uses from less restrictive uses. He also referred to the � minutes of the December 8, 1976, License Committee meetina statinq that the discussion that took place at that time does not deal at all with the problems � in this situation. Bill Bierman, 2159 Pinehurst, Grid representative of the Southwest Area Council , stated that by changing the precedent that already has been created would remove the discretiori of the Planning Commission and the Board to grant a . modification of this in a case of hardship. John fiaugen, 2142 Pinehurst, testified in opposition statinq that their back yard abuts the parking lot and they have a lot of problems with traffic and litter. He did not feel that there was a lack of places for the kids� in the neighborhood to go. . Lydialiaugen, 2142 Pinehurst, stated that they are not in opposition to 4ame rooms per se but they feel in this specific case, the location does not comply with the Ordinance. There is a parking lot with no fencing, incomplete lighting, a dark alley in back and a high incident of police calls for the area. A youth-oriented arcade is not consistent with the businesses that haUe been there for many years. Kathy Tarnowski , reprESenting District 14 Community Council , reported that their boundaries include several neighborhood commerical strips which abut residential neighborhoods. District 14 is concerned about the delicate . balance that exists where residential neighborhoo�s abut commercial strips. The only way a special condition use permit can be issued to Roc-a-fellas is if this 100' distance measurement is altered. Their Council ♦ \ ��1 Mark Rutzick (�9064) Page 3 , is concerned that if this measurement is altered, the intent of the Zonin� Ordinance which is to put some B-Z uses in a special catagory will be � diminished. They feel if the Zoning Ordinace is to be diluted it might be adivsable for this to be done by amendment to the Ordinance where people clearly understand what the impact of this kind of �ecision would be. Steven Rutzick stated that this �is a new business , it deserves a chance to operate, it will be operating on a condition use permit which can be taken away if the Ordinance is violated. Hearing no further testimony, Ms. Morton closed the public hearing portion of the meeting. Ms. Summers moved denial of the appeal based on findings 3, 4, 6, and 8 of the staff report. Mr. Woods seconded the motion. The motion failed on a roll call vote of 2 to 5 with t�r. Kirk, Mr. Peterson, Mr. Osborn, P�r. Grais, and Ms. Morton voting against the motion. Mr. Peterson moved approval of the appeal on the basis that denial of the � modification would result in exceptional hardshfip .�o� the owner; it would not impair the intent and purpose of the distance requirement; it is consistent with the health, morals, and general welfare of the community and with reasonable enjoyment of adjacent property; and that the Planning Commission was correct in their interpretation pertainin� to the measurement of the 100' distance requirement between indoor commercial recreation and residentially zoned property. Mr. Kirk seconded the�_motion. The motion passed on a roll call vote of 5 to 2 with h1r. 4Joods and Ms. Summers voting aqainst the motion. Submitted by; Approved by• �w� 1�I � i�2 . Donna M. Daykin Gladys Morton, Chairman , � `/��%'G' � �� ci� .y of saint paul � board of zoning appeals resolution zoning file number 9064 da�e Oecember 8, 1981 . WHEREAS, MARK RUTZICK has applied for an Administrative Review under the pro�visions of Sections 60.534(3� ,� 64.206(1 ) , and 64.300, Subdivision 4 of the Saint Paul Legislative Code, of the decision of the Planning Commission to deny a special condition use permit to operate a game room with modification of the 100 foot distance requirement between game rooms and residentially zoned property for property located at 2163 Ford Parkway in a B-2 zoning district; and !�JHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearinq on November 24, 1981 , pursuant to said appeal 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 attached hereto, made the following findings of fact: 1 . The Planning Commission made an error in their decisiori to deny a modification of the distance requirement between oame rooms and residentially zoned property; � 2. Denial of the modification would result, in exceptional hardship to the � owner; . - 3. Modification of the distance requirement would not impair the intent and purpose of the distance requirement; 4. Based on letters received in support of the game room, modification of the distance requirement is consistent with the health, morals, and aeneral welfare of the community and with reasonable enjoyment of adjacent property; 5. The Planning Corrunission was correct in their interpretation of Sectian 60.534(3� of the Zoning Code pertaining to the measurement of the 100 foot distance requirement between indoor commercial recreation and residentially zoned property: The distance should be measured from the closest point of the commercial buildin� to the closest residential property line. m oved by Mr. Kirk _ Decisions of the Board of Zoning s e co n d ed b _ Appeals are final subject to appeal y Mr. Peterson to the City Council within 30 days i n favo r 6 by anyone affected by the decision. against � t � � ci�ty of saint paul board of zoning appeals resolution zoning file number 9064 dale _ December 8, 1981 NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of Section 60.534(3) be hereby modified in accordance with Section 64.300 Subdivision 4 to permit a game room at 2163 Ford Parkway, which is within 100' of residentially zoned property, in accordance with the application for appeal attached hereto. m oved by Mr, Kirk Decisions of the Board of Zoning Appeals are final subject to appeal secon ded by Mr. Peterson to the City Council within 30 days . in favor 6 by anyone affected by the decision. against o 1 � „ �' '` CITY OF ST. PAUL, MINNE�TA � �� 0 �cj � � � SPECIAL CONDITION USE PER.MIT � Applicant "���; ��it i%�C�: Zoning File # °�>�+ Purpose n,;���.;,a ��;-_ ���,-�, . Location �,»; ��r� �;rl:�:�av f�dor"i sic�p b?t+,r�e�� Cretin and ��nEil . Legal Deseription !nt 1 a. R1 ock >s. �t. C�.�i�eri ne P�.ri: Action by Current Planning and Zoning Committee on ��!c�t�. 5 19 ��to �J�r�i ed (4-3) Action by Planning Commission on �;�,�. 5 19 F1 to n--r.ied �12-�i Conditions of this Permit: i;� co�id�Liors. j r�ri-�..� .�.t�;,y��-p� t��� �-{�;� F•'.!1i���� !�� i.�n�n� .an�esl.`i n� I.�i.�.`p..,vy?„ /Z�. 1��''1 r1� a i��l� '� , c_ 1 � .,,.L., i�.n 9 , • � ��Oc�:: 7^ _�1il;it' ,�',:r;:'°_c.IS . �ilai?'. Approved by !=1,=���s �i:n�,y�,-� / �;!^ ^`'1"�1!��� Planning�Commission;Chairman Anyone af fected by this decision may appeal within 30 days to the Board of Zoning Appeals. VIOLATION OP THE CONDITION3 MAY R,ESULT IN R.EVOCATION OF SPECIAL CONDITION IISE PERMIT. Copies to: Applicant City Planning Division . Zoning Administrator License Inspector !�istrict Council Feb. 80 , , t4rs.Cochrane corranented that there was no evidence that this was an appropri�te request. Mrs. Anderson asked the committee their reasons for recommending � '� , approval . ��r. Lanegran stated that he has since changed his mind, after view- � ' ing the property and agrees that it is not appropriate, it is really only a . ' garage, not a carriage house. Mrs. Sumners stated that the need for more hous- ing was an influence on her vote, there was no opposition and the applicant � will provide 1 or 2 parking slats on a slab next to the house. Mr. Armstead stated that the need for housing was the influence on his vote also. Mrs. Cochrane stated that this is a 40' lot, and that it is not really a carriage house. She cautioned against setting a precedent. Mr. Bryan agreed that the lot is too small and poi�nted out that water, sewer, electrical facilities are not present. He saw no redeeming feature in conversion, and agreed wf.th Mrs. Cochrane that it would be a bad precedent to allow garage conversions. � VOTE ON MOTION FOR APPROVAL: Motion for approval failed with a roll call vote of 5-14 No votes: nderson, Brown, Bryan, Cochrane, Hang i , Huber, Hyduke, Kadrie, Karns, Lanegran, Pangal , Schmidt, Tobler, VanHoef.� �40TION: Mr. Bryan made a motion to deny the request based on findings 1 , 2 3, 5 and 6 of the staff report. Rev. Hanggi seconded the motion. Motion for denial carried with a roll call vote of 14-5 (Armstead, Grais, Levy, Sumners, Taylor voting no.) HRA �9025 - A request to rezone property located at the NW corner of Concord and State to B-2 to construct a new West Side Clinic and expand an existing bar/restaurant. � � P10TION: Mr. Bryan made a motion to approve the request. based on findings 2-5 of the staff report. Mr. Schmidt seconded the� motion. Motion for approval carried with a roll call vote of 19-0. MARK RUTZICK #9033 - A request for �pecial Condition Use permit with modifica- tion for property located at 2163 Ford Parkway (Ss between Cretin and Finn) to � operate a game room. �OTIO�: Mr. Bryan made a motion to deny the request based on findings 4,5,6, and 7 of the staff report. Rev. Hanggi seconded the motion. Discussion: Mr. Bryan stated that the problem on this case resulted from the basis of ineasurement - the Zoning Cor�nittee uses a �easurement of 100 ft. from � the building to the nearest residential property and License Division uses a measurement of 100 ft. from the front door to the nearest residential property. Mr. Segal stated that approximately five years ago, the License Comnittee established a measurement of 100 ft. from the entry of the building for which the use was intended to the property line of the nearest residential property. This information was apparently not transmitted to the Zoning Committee or the Planning Corrgnission. There can be three different interpretations of how to measure - from lot line of 6-3 use; from the building in which the proposed use is being established; or the entry of the building of the proposed use. Mr. Segal stated that for the three years he has advised the Zoning Committee and Planning Commission, they have been consistent in their method of ineasur- ing and in deciding to approve or disapprove. �dhere modification of the dis- tance requirement is requested, the Planning Commission must take into consid- eration the health, safe�y, reasonable enjoyment, etc. on adjacent property. Rev. Hanggi cautioned that to change the way of ineasurement would be to auto- matically approve game rooms in residential areas. The Planning Commission would be locked in on every case. He believed that the Zoning Committee/Plan- ning Commission interpretation is much more sound than the License Division interpretation. Pqrs. Cochrane felt that the problem must be resolved between the Planning Commission and the License Division before legal questions arise. -J � • ' P1r. Segal stated that whatever method the Planning Commission uses, as long as � it is applied consistently, is legal . The Planning Commission decision will be , � � upheld unless the City Council or Board of Zoning Appeals overturns it. He � urges consistency even if the Com�nission chooses the License Division method for � all cases from this time forward. Mr. Pangal stated his support of the appli- cant's request, indicating that if the end of the building were used for the measurement, no streets would be allowed to have game rooms. When the Planning Commission makes a decision and the City Council or Borad of Zoning Appeals re- verses it, it embarasses the Planning Corrpnission. Mr. Armstead felt that this was an extrer�e circumstance since the applicant did not know of the requirement of a special condition use permit. However, Mr. Bryan stated that the applicant � did know as indicated in a letter of October 5, 1981: Mr. Bryan further stated that he feels the Planning Comrnission has been consistent in dealing with these cases, and the property can be used for business other than a game room without hardship to the owner. ��Is. Reichert explained that this item is appealable to . the Board of Zoning Appeals within thirty days. VOTE ON h10TI0N FOR DENIAL: Motion for denial carried with a roll call vote of 12-6 Armstead, Grais, Hyduke, Kadrie, Levy, Pangal voting �no.) Mrs. Summers asked if the facility would remain closed. Mr. Lanegran stated that it is assumed that when an illegal operation is closed, it is not allowed . to reopen until it has fulfilled the legal requirements. Mrs. Anderson stated . � that that was a reasonable assumption. ROBERT WOLLER n9034 - A re uest for Special Condition Use permit for property located on 705 E. 7th St. �NW corner 7th and Bates) to operate a nursery which sells sod and gravel. � t�lr. �.Bryan explained to the Corrnnissioners that this case was laid over in Committee. �� Tf�U XUAN HA �9035 - A request for Special .Condition Use permit with modification � for property located at 646 Rice (SE corner of Rice and Arch) to operate an oriental fast food restaurant. � MOTION: t�1r. Bryan made a motion to approve the request based on findings 1-7 of the staff report. Mr. Schmidt seconded the motion. t�lotion for approval carried with a roll call vote of 16-0. THOPIAS P4. FOLLt4ER n9046 - A request to rezone property located at 1540 English St. Es between Hoyt and Nebraska to allow an existing three-plex to continue.) MOTION: Mr. Bryan made a motion to approve the request based on findings 4,5, 6 and 7 of the staff report. Mrs. Summers seconded the motion. Motion for approval carried with a roll call vote of 16-0. VII. NEW BUSINESS None VIII. OLD BUSINESS . None � IX. ADJOURNMEPJT The meeting adjourned at 11 :15 a.m. Submitted by: Approved by: Peggy A. Reichert St. Paul Planning Commission .Deputy Director for Planning November 20, 1981 • . . , � f If� N � � o � � ��^�-- �` . - , � r e o %���0 �� o .v ��/ t /�`°���- S , . � �'� C- r;c��s �i� � /� f'f'�'� L : �. �J c c� sla �� , C1 (= �( � G-r��v���-�' G _ C v r��2� S/'o � ,`�'v � ��J�_ �2 _ _r'� P � �rA Y��' � - 1� � ¢' � � o f� . _ .. .. S � �� � (�-� Co �v � ��o'uJ v s c— �' � wh. � fi _ _ _ _ _ _ _ �� � (r4 �!�v►�� �v o vw, ,,,�'��"� o�/G � a k'� �; t� � ` �t ,;:: � �i+' �1^ / ;�! �� �;a � . . . . . ......... .. .. .._ . R _ . . `�t� � r„ __ . _. _. 11 F1�.,y: � ��? �V � /^` . . . _'_ _" .._ . . .._ . ��' _ . � 4: s�-t . . _ . . ` .. . i • t . . . �;�,.�,.,'• "• � 1 � ��G�-S0 P�7 � � ��i��_ ,,(�:,� �(h�L� CD�VO(�10v� �i� t t .,_`'"'- � c?'.��� � j`� G�--E— �( i�4 cc� �o � � . , �NIC— "�"' !�!f�-S � � � 0 0 �"�" �.C— V ( I� �/�►'� E-t� � ��ov�2� �c— S I Q �t�-{-�r � � � � � s -��c�,. _ - _ . . � �— � v �a�-� �c �� u ti� e� � ls 12�Qv r�M1��. q 1� cco (�,�N G � _ 7� � wv� � r/�sv �2�� ��T E i�-�� c �3� 't-�4 � � �C�vs.'� Q ��-� ��r� � � c� ur�-s 1 s� �( �-�- �� � �� �� � ��.s-� � �v -t-�� �a �--�.. S f e-ci �'1 �'!o �� � � C(`�� eb v h! C.(,�, f.(� c�S� .� �� �t n� � �Tl'E� � �v 7°�( ��� �wt ���r � �' � � � � C �� / � 7G . . ___ .__._..__ TM_ .��--�-..�.. o C—. '" �' L L�� � � - - � ���--�, �o fZ ��1� . v��l� __.._.__ -- -- - __ �-t.,t � ^v`u�"'�.�, -1�����. � , 9033 , ZONING STAFF REPORT , . l . APPLICANT: MARK RUTZICK DATE OF HEARING 11/5/81 2, , , , , , , , , , , , , , , CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning . ❑ Var�ance ❑ Special Condition Use ' � Administrative Review � ❑ . Determination of Similar Use ❑ Other ❑ Change� of Nonconforming Use Q Other 3. LOCATION: 2163 Ford Parkway (.North side between Cretin and Finn). 4. LEGAL DESCRIPTION: Part of Lot 19, Block 8, St. Catherine Park. 5. PRESENT ZONING: B-2 ZONING CODE REFEREP�CE: Section 60.534(3) & 64.300 Subd.4 6. STAFF INVESTIGATION & REPORT: DATE 10/27/81 BY Donna M. Davkin � A. PURPOSE: Special condition use permit with modification to operate a game room. B. BUILDING SIZE: 20' (Ford Parkway) x 100' = 2,000 square feet. C. EXISTING LAND USE: Game room. 0. SURROUNDING LAND USE: • . North - Single family residential �R-4j. South - Industrial (.Ford Motor Co. � (I-1 � East - Commercial (B-2) � West - Commercial (6-2) ' E. ZONING CODE CITATION: Section 60.534(3) states: "Subject to the provisions of Section 64.300, Subdivision 4, bowling alley, billiard hall , indoor archery range, indoor tennis courts, indoor skating rink, or similar forms of indoor commercial � recreation when located at least 100 feet fram any front, rear, or side yard of any residential lot in an adjacent residential district." Section 64.300, Subd. 4 states: "When specific reference is made to this Subdivision 4 of Section 64.300 in Chapter 60, the planninq commission, after public hearing, may modify specified 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 will not impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. The requirements of Sections 61 .100 through 61 .105 and 62.103 shall remain in force and effect and shall not be superseded or waived b,y any such modification of a specified special condition. ' F. FINDINGS: � 1 . Indoor commercial recreation (such as a game room) is a special condition use in a B-2 zoning district, subject to the condition that it not be located within 100' of residentially zoned property. w 2. Residentially zoned property (R-4) abuts the site to the north across the alley. The residential property lies within 100' of the subject site (approximately 45' when measured from the rear of the commercial building to the nearest residential property line) ; therefore, the applicant requests a modification of the distance • requirement. 3. The Planning Commission must make specified findings , listed in 64.300 Subd. 4, to modify a special condition. � ' 4. The property could reasonably be used for other businesses allowed in a B-2 zonina district; therefore, strict application of the 100' distance requirement would� not prevent otherwise lawful use of the property or result in hardship to the owner. 5. The intent of the 100' distance requirement is to protect residential property from incompatible commercial land uses. There is nothing which effectively buffers the residential uses on Pinehurst from the qame room; thus, modifyinq the distance reguirement would impair the intent and purpose of •the special �nn�i ti r?n. � , . MARK RUTZICK (n9033) STAFF REPORT Page 2 F. FINDINGS CONT'D. 6. Staff observed that the gaine room was in operation at 1� a.m, on October 16, 1981 , without issuance of a special condition use permit (see attached letter from R.L. Amey which clearly indicates that a special condition use permit was necessary to operate the game room). In addition, operation of a game room at 11 :00 a.m. after September 1 violates the permitted hours of operation of a game room. (The St. Paul Legislative Code (412.13} restricts the hours of operation of game rooms to the following hours: Weekdays Sept. 1 - May 31 : 3 p.m. - 11 p.m. 4Jeekdays June 1 - Aug. 31 : 8 a.m, - midnight Saturdays Year round: 8 a.m. - midnight Sundays Year round: 3 p.m. - 11 p.m. 7. It appears that modification of the distance requirement is not consistent with health, morals, and general welfare of the community or with reasonable enjoyment of adjacent property. 8. The License Committee granted the applicant a license to o.perate the game room on September 8, 1981 � G. STAFF RECOMMENDATION: Based on findings 4, 5, 6 and 7, staff recommends denial of the modification and therefore denial of the special condition use permit. � � ���� R7� ' , PIINUTES OF THE ZOP�ING C0�4MITTEE '_ ' IP� CITY COUNCIL CHAMBERS, ST. PAUL, MINPJESOTA, OPJ NOVEMEER 5, 1981 PRESENT: P�me. Summers; Messrs. Armstead, Bryan, Hanggi , Lanearan, Levy, and Pangal of the Zoning Committee; Mr. Segal , Assistant Cit,y Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms . Beseman and Ms. Daykin of the Planning Division Staff. • � � � �. ABS�P�T: P�1me. Karns. '. The meeting was chaired by James Bryan, Chairman. MARK RUTZICK (#,9033) : Special condit�on use permit with modification to operate a game room at 2163 Ford Parkway. The applicant was represented. There was opposition present at the hearing. hts. Daykin showed slides of the site and reviewed the staff report with a recommendation for denial of the modification and denial of the speci�l � condition use permit. Six letters were received in opposition� including a � letter from the Southwest �rea District Council . Mr. Segal referred to the minutes of the Oecember 8, 1976, License Committee meeting. At that time the Committee was �onsiderina an application for a game room license which was located within 10�' of residential property. The question came up as to what point the 100' distance is measured and the Zoning Administrator recommended that the distance be • measured from the main entry of tbe oame room to the property line of the adjacent residential property. �1r. Segal stated that the minutes show that there � was some discussion and a motion was made to adopt and approve the recomrnen- dation made by the Zoning Administrator. Mr. Segal clarified that the � Zoning Ordinance is not specific as to what point you measure from the game room; it is specific when it talks about at what point you measure the residential property. Joe. Carchedi , License Inspector, testified that in 1976 they agreed with the Zoning Administrator that the measurement be made from the entry or exit door closest to the property line. The building in auestion has 2 entries that are both in front of the building on the Ford Parkway side. They measured from 2163, 2066, and 2077 Pinehurst, the closest residential� properties to the building, and the closest was 154' as the crow flies. Ms. Daykin stated that the 45' measurement staff reported was from the back of the building to the closest residential lot on Pinehurst. Steven Rutzick, representing the applicant, testified that measuring from both of their doors on Ford Parkway they are 154' from the closest residential propert,y line. He stated that they have invested over �200,000 in the game room and asked that they be given a chance to operate the game room in a professional way under a conditianal use permit. He apologized for opening the game room on a license that was not valid and for beina open before leaal hours. Mr. Lanegran asked Steven Rutzick how long it was from the time Mr. Amey of � the buildina department informed them that they did not have the proper license to be open until the time they closed? Mr. Rutzick stated that he did not know. a � ;��!� , t•1ARK RUTZICK (#9033) Pa�e 2 ', , � Abe Gotesman, 2133 Hartford, spoke in support stating that he could see no harm in allowing the game room to be located there. Jamie Cohen, Cohen & Lincoln Properties, Managing agent of the Ford Parkway Shopping Center, reported that based on the applicant's past performance which they monitored very cl�osely they decided to put the game room in. He stated that they have confidence in the applicant's ability to control the game room and run it properly. Tom Edelstein, 79 N. Western, testified in support and felt the game room would be operated in a professional way. Bill Schmidt, 1685 E. Hoyt, stated that he has been employed by Mark Rutzick for approximately 4 years at their Falcon Heights location and is very impressed with the way the business is operated. He felt the applicant should be given a chance in St. Paul to show what can be done. Bill Bruce, 12338 Radisson Road, Blaine, commented that he is an avid video game player and in talking with people that go to Roc-a-Fellas , the kids feel like they have a place to go and get off the streets. Fred Sede, small operator of video games, stated that the games are really getting sophisticated, the kids love them, and St. Paul is really missinq out. Ron Maddox, 1943 Princeton Avenue, testified that there has been a lot of controversy over the game rooms. The City has lost lives in games rooms, they have testimony from the Police Department on drugs and fencing operations. Game rooms become a consistent clusterirrg place for young adults and in some � .places that is needed but not in the area of elementary education. The site in question is a residential area and that has to be considered. He stated that he has a severe problem with kids under 16 years of age walking into game rooms with a pocket full of quarters. He did not feel that the type of guidance they are giving the kids in playing pin ball, pool or video machines is the type of guidance that parents , educators, and politicans want to be given just in its entirety � Clyde Illg, 1420 S. Mississippi River Blvd. , President of the Southwest Area District Council , stated that insofar as the merits of the application are concerned, it would seem that the degree of responsibility and professionalism of the operation has already been demonstrated by the manner in which they started up. He also stated that he did not feel that games in other establishments were relevant. �� Bill Bierman, 2159 Pinehurst, spoke in opposition statinq that if Mr. Rutzick's operation is so professional , he should have checked into it a little more closely before investing �200,000 or before opening before he had all the proper permits. � John Drew, 2150 Highland Parkway,, opposed the special condition use because of the surrounding residentia�l area. Lydia Haugen, 2142 Pinehurst, testified that she received a copy of the letter sent by Dick Amey to Mark Rutzick dated October 5, 1981 . Specific mention was made that the permit which they used to construct their back exit did not constitute permission to operate a game room and that Mr. F;utzick was not free to operate until the special condition use permit was issued. She also stated . '.l ;� :.s`' � L . MARK RUTZICK (#9033) Page 3 . ' ' that staff inentioned that on October 6 at 11 :00 a.m. the aame room was open. She was in the game room on Tuesday, October 27 from 10:00 to 12:00 . and there were 4 school age patrons in there and there was no supervision. Also on Friday, October 30 at 1 :30 p.m. John Smooth at 2157 Pinehurst was in the game room and it was open then. She stated that in the zoninq file there is a statement signed �by Mark Rutzick acknowledgina. that he has read � and understood the legislative code governing permitted legal hours of . operation. She added that it does seem to be the responsibility of the businessman to research any business venture he is going to undertake especially when $200,000 is at stake. John Haugen, 2142 Pinehurst, spoke in opposition stating that they have already experienced problems in the parking lot with kids gathering in vans or cars and drinking and littering the parking lot, alle,y, and yards. He did not feel that their neighborhood should have to supervise other people's children because they are attracted to the games. Kathy Bierman, 2159 Pinehurst, testified in opposition expressing concern with what will happen to the neighborhood. � . Donald Cavanaugh, 2134 Pinehurst, St. Paul Police Officer, reported that there were 186 calls for polic service on Ford Parkway between Finn and Cretin over the past 5 months. He stated that game rooms attract dope peddlers, they are a distribution center for stolen property, they create an atmosphere for vandalism and disturbances throughout the neiohborhood. The owner can control what happens inside Roc-a-fellas but they cannot control the robberies that take place outside, the gambling, drinkina and narcotic violations as � they occur in the parking lots, in the alley, on :the sidewalks and streets. Mr. Pangal questioned the information quoted from the Police Department statistics.. He felt the statistics were very distorted because most commerical areas are finding that many of the calls are not directly attributed to the commercial area in which they are called. He also commented that 186 calls are not excessive. Ki�k Rodysill , 2136 Pinehurst, presented a petition with 47 signatures in opposition. Ne stated that to the best of his knowledqe, all the property owners within 350' of the site oppose the special condition use permit. He lives across from the parking lot and they have had a lot of problems gettinq the alley cleaned up. He complained about the fighting that goes on in the parking lot and the noise until early in the morning. Bob Spangenberg, 2130 Pinehurst, stated is opposition expressing concern with regard to the drinking, fighting, noise, vandalism, and trash in the alley and parking lot. Hearing no further testimony, Mr. Bryan closed the public hearing portion of the meeting. Mr. Hanggi stated that the measurement from the building to the residential lot line has been consistently used by the Committee and that a number of decisions have been made using this method. Mr. Lanegran made a motion to deny the special condition use permit with modification based on findings 4, 5, 6, and 7 of the staff report. htr. Hanggi seconded the motion. The motion oassed on a roll call vote of . '� ��1�RK RUTZICK (#9033) Page 4 4 to 3 with Mr. Armstead, Mr. Pangal , and ��Ir. Levy voting against the motion. Submitted by: • �. Approved by: � . , � , oC��itir�t �'1• � � .l1 .`. j�� Donna M. Daykin mes Br�can, C rma� . � � � � SOUTHWEST AREA DISTRICT COUNCIL 2269 FORD PARKk'AY ST. PAUL, 2•�1 55116 (612) 6g0-0866 . November 3, 1981 Current Planning & Zoning Committes . , 25 :�1est Fourth Street • :_ . �t. Paul, rin. 55102 � :-.: - . ATTENTION: Tis. Donna Daykin � _ --� � Dear Ns. Daykin: . ; ' : - This is to advise that the Southwest Area District Council Board of Directors has voted to oppose the application attached for a special condition use pernit for a game room at 2163 Ford Parkway. It is our understanding of the zoning ordinance, that under Section 60.494(c), such a special condition use permit can be issued for � this type of comTr.ercial recreation business in a B-2 zoning district onl� if the property is at least 100 feet from residential zoned property. In this case, the entire north half of the block in question is zoned residential and occupied by single �famil,p homes, while the game roo�: location is seperated fror t:�ese homes only by an alley. � I assu.7e thut the a_�licant ma� bring to the attention of the � Committee the fact that the City Council issued him a license for this establishment on September 8, 19�1, and that the SWAD Council , did not appear to oppose the issuance of that license. The only reason that no opposition appeared in connection with that �aatter, is that the SWAD Council had received recognition as the Citizen Participation Organization for District 15 only a few days before, and was in the process of reorganization. The neighborhood should not have to suffer because of that situation. In fact, the license issued by the Council on September 8th was improper],p issued contrary to the zoning ordinance, and should be either promptly revoked or declared invalid. Since I am not sure whoae dut9 it is to initiate auch action, I have furnished copies of this letter to members of the City Council and others with the request that appropriate action be taken. Since , � Clyde I President, 54tAD Council CC: Councilwoman Ruby Hunt Councilman Leonard Levine Fresident, City Council Councilman Ronald hiaddox Councilwoman Joanne Showalter Councilman George hicMahon Councilman Bill 4Jilson � CoLnciln an Victor Tedescd License Inspector Joseph F. Caxchedi City Attorney Edward Starr . i�� P��P R� h� ��� '� � . - r �' . �������� ���� ���� � � S � : '; . � , �� � ,� ���`������'`��'�� ���E����, .@�'tC. -v �,,% � 645-0349 • WILDER AT SAINT ANTHONY . SAINT PAUL,MINNESOTA 55104 ��' ��(° �F�2 P�A� �. � : Ms. Gladis Morton, Chair Board of Zoning Appeals llth Floor City Hall Annex St. Paul, Mt� 55102 Dear Ms. Morton: The Merriam Park Community Council is writing in regards to th�:zoning appeal of Rock-A-Fellas game room at 2163 Fard Parkway. The purpose of our interest is not to oppose the game room but to insure the residents whose property adjoins a commercial strip or cluster area their rights to a consistently interpreted zoning ordinance in accordance with the original intent. � The Merriam Park area has a number o£ commercial strips which abut residential areas; Therefore, we feel this zoning appeal strongly affects our neighborhood. � � After some discussion with District 14 and 15, the Merriam Park Community Council passed the following motion: "The Merriam Park Community Council strongly opposes the adoption of any interpretation of the 100 foot provision as stated in the St. Paul Zoning Ordinance � 60.494 (c) which applies on any basis other than being measured from Property line of the business to the property line of the nearest residentially zoned property." If the City feels a need to change the present Zoning Ordinance then the normal process allowing for city-wide participation should occur. Best Regards, � .. :z.,, i��,.�!_:. , � �`. . .:l c•c c t ' • - Gordon Erskine, President GE/mor � cc: District 14 District 15 !,a y- � r, ;y- , . � �v a ,;�t ,� ,1� L:' . , � !;::��)I.U';'1�)!J (;�)(li.'I�:!i'�I;J�; I;;`17?itl'lil'.`1',�`.IU�] OF TH}: 100 Fn0'I' CI.AUS1; 01�' :;I•,C'1'I�)fJ <,p.l,�iti (�) r�r T111; :;'I'. PAiJL 7.OPIIIJ� OJ{I)IidAIJCI? Itt (:�,�tJ};C'i'IOP� 4l1'I'!I :3PL:CIAL CO1J1)I'!'IOPJ USJ: PF,HP•tIT� I�'OR CAtdr R�Ot�S.S Irl Ii-2 ?.O:�b� Adonted bv the Southwest Area District Council on rTovc�mher 9 1�1A1 ,lherer�s, the intent•.of the zoninP ordinance oP the Citv of St. Paul is to protect restrictivel,y zoned propert,y fron less restrictive. uses unless clearly allowed b,y the Ordinance (Section 64.200(6)) and � � . :Itierer�s, most of the commercial strips and cluster areas located in . otherwise residentiAll,y zoned neighborhoods., including that area known as � � tiii�hl3nd `Jiller;e, have been desi�;nate�i as B-2 zones to restrict the ty}�es ; of Uu�iness activit,y which may be locuted in t2ios� areas, and l•Thereas, the zonin�r, ordinance nrovides that a special condition use ���� ~`� permit r�ust be obtained to locate uithin a B-2 zone certain commercial entertair,ment establi�hments such as pool halls, �;time rooms and bowlin� slleys , which b,y the nature 9f the activil;y, hours of operation and traffic , • flou, have the potential •to create �s nuisance b,y interference with the quiet en,�o�rment• of near b.y residential propertv, and ' t,Ihereas, such a special condition use �ermit nay be denied to such a restricted enterprise in a A-2 zone if it is located within 1�� feet of residentiall,y zoned �roperty, and � . 4Thereas, if the 100 foot distance is measured from the main entrance � of the business to the resirlential property line, rather than from property . ' line as common sense and the Pl�annin� Commission has interpreted the ordinance, every commercial strip and cluster area in the City of. St. Paul would be wide open for location of the entertainment bu$iness in question with no power in the Plannin� Commission to regulate such locations as the ' Ordinance clearly intended;� now, therefore, be it , � Resolved, that the Southuest Area District Council IIoard of Directors � most emphatically protests the adoption of r�ny interpret ation of the 140 � foot provision in question which r�.pplies on anv basis other than fror� the � nearest propertv line of the business to the nroperty line of the nearc�st • residentiall,y zoned property, and, be it further ' Resolved, that such interpretation be applied speciPicall,y to the currently pendin� apPlication and appeal in�rolvinq location of a Pame • room at 2163 Ford ParkWqy. �. �""'"'"` CITY OF SAINT PAUL ` _4``�... ,';.'�,; =• ^*• :. DEPARTMENT OF COMMUNITY SERVICES :� �� q� �� Il,����"1�� �-' . '-,: �J �� DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT ��0"�un',,,'„',,,',�o�''��` 445 C'tty Hall,St. Paul,Minnesota 55102 GEORGE LATIMER 612•298-4212 M/1YOR November 17 , 1981 Boa rd of Zon i ng Appea 1 s. -- • 1101 City Hall Annex 25 West Fourth Street St . Paul , Minnesota 551 �2 The Board of Zoning Appeais : � We have been asked to clarify our method for measuring for � , separation from adjoining residential property for "gar�e rooms" . This is a long standing problem that we addressed in a meeting with the License Committee of the City Council , December 8 , 1976. At th.at meeting it was felt that the separation problem was similar to that presented by liquor � establis.hments which required measurement be made to the . door of th.e establishment � The license committee , by a vote of 3-0 , esta6lished th.is as a practice for the license . inspector . We have , since that date , followed the same procedure. i have enclosed a copy of page 5 , of the License Committee Minutes of December 8 , 1976 for your review. Sirrcer_ely , �' ��� � �`. „ !,�,� � ,�--, V��� t Glenn A. Erickson , Zoning Administrator . GAE/eh Enc. �O _: �;T. o;:,,, CITY OF �AINT PAUL =:•` :�, '• "' • DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT .. ;; ��;��-��� .. ' � ����� =° DIVISION OF PLANNING �: � �" ����:��r�F 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE UTIMER 612-298-4151 MAYOR , November 20, 1981 . Board of Zoning Appeals 1101 City Hall Annex 25 West Fourth Street Saint Paul , Minnesota 55102 The Board of Zoning Appeals: It has come to our attention that the method used by the License Division For measuring the distance between indoor comnercial recreation, such as game rooms, and adjoining residential property is different than the method used by the Planning Commission. The License Division measures from the nearest public access door of the commercial establishment to residential property; the zoning staff and Planning Commission measure from the closest point of the commercial buildina to the closest residential property line. At our November 6, 1981 , meeting, the Planning Commission discussed the question of how the distance between game rooms and adjoining residential property should be measured. In our discussion, we noted that the Planning Comnission has con- sistently measured from the corr�nercial building to the residential property line to determine compliance with the 100' distance requirement; and that a number of Planning Commission decisions regarding permits for indoor corre�nercial recreation have been made measuring from the commercial building to the residential property line. In the past year, this method of ineasuring was used in decisions regarding pool halls at 628 Selby, 925 Selby and 537 N. Dale, and for game rooms at 494 S. Snelling, 2163 Ford Parkway, and 788 Margaret Street. The fundamental reason that the Planning Comnission measures from the game room building wall is that the Zoning Code regulates the use of property. Game rooms under the Zoning Code are considered "indoor commercial recreation." Therefore, the use being regulated is the building. Nowhere does the Zoning Code refer to doors as points from which to measure any distance regulation in the code. The 100' distance requirement was established to buffer residential uses from incompatible corr�nercial uses. If the distance is measured from the front door, almost any establishment would be able to meet the 100' condition. Until 1977, the 100-foot distance requirement was an inflexible zoning standard. The lack of flexibility may have influenced the License Committee's decision in 1976 to measure from the front door (a decision the Planning Commission was not informed of until November 1981 ) instead of�from the buildina wall . 'Then in 1977, the Zoning Code was amended to allow the Plannina Commission to modify the 100-foot requirement if particular circumstances justify relaxation of the condition. • -2- �r ' ' � It is our determination that the distance should continue to be measured from the closest point of the commercial building to the closest residential property line. The Planning Commission has asked the plannina staff to work with the License Division, the Division of Housing and Building Code Enforcement, and the City Attorney's Office to resolve the problem created by inconsistent measurement practices for game rooms. Irr the meantime, since the Planning Commission has the responsibility for special condition use permits , we urge you to follow the � Planning Commission's measurement policy. Sin rely, � omas P. F tz ibb . Chairman Saint Paul Planninq Commission cc: City Council License Committee Members . Joseph Carchedi Glenn Erickson , . � ' '""'""' C(TY OF SA1NT PAUL r�``ttT► +9� . e� y4 '4� • •'� ` ° '"�1�`` �`- DEPARTMENT OF COMMUNITY SERVICES :0 i T y f 111{1(�Iflll •S "; ��`�J�"� =� DIVISION OF HOUSING ANO BUILDlNG CODE ENFORCEMENT `''•.,,,,','„,�•'' � 445 City Na(I,St. Paul,Minnesota 55102 GEORGE L�71MER '`� ��2'2�8-4'ti` MAYOR ��� October 5 , 1981 . . _ �, �:.: ,, �,, _ Roc-A-Fellas , Inc. • - -- - -: u :; '_ _ Attention : Mark Rutzick �� . " 366 �aacouta St. . � � ��` ;;,�,: St. Paul , 2�IT1 55101 � . . ... . .::�;�°.. Re : 2163 Ford Parkway - Building Permit �124260 ' Dear Sir: . The permit to alter 2163 Ford Parkway and install a second exit cvas issued after the meeting Friday, October 2 , 1981, with the following provisions : 1. Hallway width to remain as installed pending confirmation of Air. Erickson 's prior approval. 2 . Front emergency exit to swing no more than 12" over public sidewalk and if a change of elevation occurs a platform at least the width of the door will be prov�ded. 3. No restaurant or food service shall be installed before � Health Department Approval has been obtained and the pro�er permits taken out by the installers: 9 . I�ny nec� toilets installed �rill comply with the handi- . . capped code. 5. The issuance of the building permit was to prevent undue d�lay in your construction schedule and doe_s not permit the use of this�remise as a "�ame room" until sLCh time as the Special Condition Use i��i.s %i�sued by the City o Sain annin imm ssion /' as required in a B= zoned district by the cit oninq Code. Applica ion m e ma e on the llth floor of the Cit. , Hall Annex before. October 13, 1981 to be placed on the agenda for the first hearing in November. ; �incerely , ____.._._--- --� �__, �" -------_ __�� — R. L. Amey ' Senior Building Inspector :'.LTi�)b , ���OO � � *Iinutes of Dece�ber 8, 1976 License Coc�aittee Meeting S ' C�rc'�edi said these will be co�ing up on a weekly basis. Wimpy's on Hudson Road � had wi�hdrawn their application. Erickson said he was using this aeasureaent to �:.� . be consistent. He said group hones, however, have a lot line to lot line measure- ment. In checking on other appTicants, Erickson said the only establishment that conplied w:ith the 1��-foot rule, other than the downtown area and Midkay industrial a:ea, was a place on ��'hite Bear Avenue where the commercial zoning designation extended to around the corner. Hozza asked about measurin•g �for a liquor establishment. - Erickson said froa front door to front door. Unless spelled out in an ordinance, however, measure�ents are made' property line to property line. Hozza then inquired about the rule being applied to all indaor recreation establishments such as bowling alleys, ete. and Erickson said this was the measurenent for all such establishments. Ericksoa again stated that an application in a B-2 or B-3 zotting would require a special use permit from the Planning Commission. Erickson said the problem is with lots of 125 to 150 feet in depth. The distance would be measured from the rear lot line to just across the alley. He said if the Council's intent is not to allow this type of operation then the oId standard of property line to property line is appropriate. However, Erickson said he can find justification for entry to property line measurersent. In a shopping center the property line would be the stre2t line and this type of situation would present �any problems. Erickson said the zoning ordinance is clear . as to measuring the point of residential property--it is the property Iine. It is not clear where ze meaSure on this type of operation. , Hozza said it was bis feeling that the only feasible way to measure is the nearest entry. Iie said they must be reasonable in dealing with not only the game rooas � but everything else. If lot line to lot line standard was applied, there would f� never be an indoor recreation establisYurent in St. Paul. Hozza said he was referrir.� • not specifically to gane roons but other activities such as handball an3 xacquet ball courts, etc. Er:tckson said that was why his reconmendations said entryway to lot Zine. Hozza said licenses for game rooms couldn't be decided until action was taken on Erickson's measurement suggestion. • Hozza then moved to approve Erickson's recoauaendation that meast�rement be made 100 � feet from an entry to the property line of a residence. Erickson co�ented that most establishr�ents have two doors and any place having 750 square feet of space or more requires two doors. Erickson clarified that entry door did not apply to � a loading door that is kept locked but only to an entry used by people to gain entrance to an establishment. The distance would also be measured as "the crow flies" �r in a straight line. 210TION PASSED 3-0 � Tedesco then asked for testimony from opponents of the game room license at 1672 Grand Avenue. . Peter Fiillwerscheid said he is aware of the problems of the Avenue in the vicinity of the game room. He presented a stack of letters from residents and businesses that was sent to Mrs. Hunt in wizich they all expressed disapproval of the game room. He then �asked if this matter was being tabled as he was conf used by the vote j ust taken. Byrne explained that if there are no objections to the establishment being licensed then it must go to the Planning Couauission for their review and approval. That should be done prior to •the issuance of. a license. . r C.r/ � Jr � . � LL; ` � � . � ,; 1 . ��. . •- , _ _ : t l ,-� � 2154 Highland Parkway � . St. Paul , MN 55116 November 17, 1981 Board of Zoning Appeals 25 West Fourth Street St. Paul , MN 55102 RE: ZONING FILE N0. 9064; ZONING FILE NAME RUTZICK Thank you for the opportunity to voice my concerns over Mr. Mark Rutzick's appeal to be granted a special condition use permit to opera.te Roc-A-Fellas at 2163 Ford Parkway. A copy of my letter of November 2, 1981 to the Current � Planning and Zoning Committee is enclosed for your review. ' I am firmly opposed to qrantina Mr. Rutzick a �ermit based upon: 1 . The rear of the buildinq at 2163 Ford Parkway is aporoximately 45 feet � from the residential property on Pinehurst. It is my understandina that this is in clear violation of the current zoning requirements for this type of indoor commercial recreation. To measure from the front door of this address opens up all sorts of problems and concerns city wide--almost any proposed establishment would then meet the 100 foot requirement. My under- standing of zoninq rules and regulations is that they are to protect all concerned. (I trust the dissention between the two city offices in measurinq-- as stated at the Planning and Zoning Committee Public Hearing of November 5-- has been resolved. ) 2. The two doors at the front of the building appear to meet the city fire code, but I believe they present an extremely unsafe condition for the patrons of Rock-A-Fellas. Throngs of young people packed into this establishment--as I personally witnessed when Rock-A-Fellas was open for business--are not atuned to the set-up of a separate exit down a hallway and no back door. My 16 years of teaching experience at the high school level intuitively tells me this is risking safety/lives, one of whom could be my 12 year old son. I find it incredible that this situation is permissable given the aqe groups attracted to Rock-A-Fellas: .. 3. Several violations by. Mr. Mark Rutzick in the openinc� and operating of Rock-A-Fellas were mentioned at the meeting of November 5, 1981 . I do not accept . .� , 2154 Hiahl�nd f'ark�ray St. Paul , Mtr' 55116 November 2, 1981 . Current Planning and Zoning Committee 25 West Fourth Street St. Paul , MN 55102 RE: ZONING FILE N0. 9033 Dear Commi ttee 1�lembers: Thank you for tne opportunity to be heard conc�rninc� the qame room located at 2163 Ford Parkway. I appreciate the t►�ro vehicles of cor�m�unication you have of�ered concerning this issue. As a concerned, life-long area resident, a parent and an edvcator at the high-school level , I would like to register my stronq opposition to the location of this game room. I feel this type of business endeavor has value to a distinct clientele; but my objection is concerninc� its location to a lon�-standinct, volatile hot spot of contention within the area , namely, Pudqe's. (Pudoe's may be considered a separate issue by some, but it is my view that they directly , relate and affect the neighborhood and youth. ) I have been in this clame room � once, about a week ago at 9 p.m. at night, and it appear.ed to be busy, adequately supervised and, of course, noisy. On this and two other occasions, I walked down Ford Parkway in front of the c�ame room. I was struck by 1 ) the broken glass, refuse and c�arbaqe in front of tt�e name room and Pud�e's; � 2) the bicycle rack in front of Haskell 's and Pudge' s, which I feel is somehow connected to the game room and yet was placed in front of the other two "adult" store locations; 3) the numbers of cars all vying for the few, almost nonexistent parking spots; and 4) the number of people--all aqes--waiting around the entrance to the game room and Pudge' s. My greatest distress came with seeinc� the numbers and varying aqe groups of individuals aopearinq to be loiterinc� around these establishments. My experience of 16 years in education tells me this is a volatile situation for all concerned. As parents of a 12-year old son, my husband and I have found it necessary to limit the times and places our son may frequent because of the above mentioned,conditions. I resent this intrusion into my neighborhood and upon my family. I am asking for your help to support my believe that qrantinc� this qame room a permit to operate at the Froposed location invites trouble amon� patrons and t,nsuitable living conditior.s to area residents. I need your active support and participation to help keep our neic�hborhood a healthy, safe place to live. 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' " • ' � .�'��-�- � �. � c� ���-�.��� ,�;. �-'`--�` `' ' �'/�7/'�. • / � � �� � � . ; .� �.�t-�-� �c,.t�u.,��:.�� ��-�.-�--�,., � ,�.�.�._ �;,;� ,�ti�"��-�rt -�� L-u-.,.�,� a� . � � , �•�,<,,c,v-� �:c.� �c�G�c.�c<._-C�=�J• / `"��,.�..�� ti,�t- � � � i � /� ��i(,L'�41� i�/�'i L L� l �-���v /✓"^C.., /G�� ���'� ��' �"�yY� ����'' S�i%� , . � ' ?ix7 ?inehur�t -ve. , � :.:�t. �Gul, 'i•:n. �jlib irove:�ber 1�, ly::l •L�a:b oF �onin� Kppe�:ls Dear Sirs: �;�e are a�din ►sri�inr you regara=na the rezor.ir.� of tre property at �. 21�3 Ford r'�r�c�uay. �r are u::��ie to Gttenc tne Yublic hearing but � f�el tc.at it is important that vou i�no�N t'r.at we are still stror.yiy op�o�eri to the rezoning. � up are a��al'�c that l�x. &utzic�r had the a�.aacit�•- to viol�te the rezonin� or6inance oy openin; ris establi�h:aent , "Foc-a-iellas" , witno�,t ;irst consult�ng with the zonin� boaru ana the res:aents wno r�ust live �rith ir�e b�arcl's aecis�on. sooa reside::tial rroperty is at a �remium in �i. 'pul. As resicieats o° ii��`�land Far� we hav� had �o fight to �revPnt �ast encroac:ments of iae busines� sector iato o�.:r nei�hbornoo6; 2�ort:�er°�: =ederal's Gttem�t to ciose �ff :�.ne:�u:st and turn t:vo res_dential lo�s into psrxin;, is � . a czse in �oint. �irst o= dll� another busir.e�s is tryin� to creer into our nei�zLor'r.00c. 'r'�e are op;.,osetl to ::_n;y rezon'_no allc��ino a business to �neroach u�::on o�:r resinent_ai r�ei�nborhooa. "noc-a-iellas" is claGrly in viola��on of trie 1�� sir,ce it is locate� =�5 feet �ro:l reoidertiai r.ousing ir. ciirect vi�:_;ti�n of trie 1J� foot ordinsr.c , for' iC�.:ng recre�tio.al centzrs irou o�eratir.� in proxi:aity toresidential rroperLy. , , Secor.aly, ;ve are o���:o�ed to opening up s video establ_sh�aent :�:�ich :;ou�c beco�e a ''han3-out" for our young p-ople. The proxiyit;� of ''iioc-a-fellas" to � liouor stor.� ar.c a b:.r ;?�;nge's) lends itself to � ne5ative e:.vironrnent, too. �;� residents of this nei;hb�rnood, ;se nust live with the n�cisions oi the zonir.g ooard. Durin� the time trat "�oc-a-fella's" was onen we ex�erienced �ore ar,d �ore youn; 12-15 year- olcs hanging aroLnd, s�o�ir,g, litterino� disturbin� the tranqu� ility �n ta�ir way to ana fro� tne viceo centeF. hs parents of y�un� cr,iicren ,+e sre pers�naliy concerned that our cri�_czren� a� ��reli as other� in the nei�hborhood will experience the ne�ative iniluence of the video cen�er. ��e have ta�ked �:r�th o;.^er �arents ::�:�o zre conc�rned a�oLt treir chilaren ,ralxin� hoc:,e fror� tre locGl e�e�:entary sct;ool, ^nticed by the id�a of °�encir.� afier scr:ool "r.ours ��ZaJilTle�T viaeo .;a�e�. 1''.e �ar$nts Of these C�'il�GI2A are ?�l� ll'_'_� t� or;;ar.�ze t:.e:::se:vas in o�tos�tion to Roc-a-fellas." .;s �es�:c:�r.ts of ::t. :?aul's Pi^ehurst �raa. :�e arz �s�sir.F �r:e Lo�rd o`' Z� tin; �Ype�ls not to Pelax its standaras, but to rer�ain ataLnch in �:a:.�lcir. • Lne xi�tin� la�+s; a_`ter all, this particul�r t��pe of zo:�in� v�as uone :�it: �. �ooc rur�ose in :�inc. Do ;ve 6e�erve le�s now? • t 'i =�eu�e consicer *ne :resent ur,c �l:LL•,T'E neecs o� �r.e ?i* er'1I'St T'P..�1C�nts 1:� �':E�l. c:S ;�'2 :1'T�(.:t1V2 llTl�zCL t�1: L Lt.@ C2:L@: �JJI;�=a CT'@:�t¢'� �:,:1G V�tE .•�N:1 :•.Z'. itUtZ�Cti�s rez�nin� J2t1tl�A. It 1S unre�;.��r.ab�e d11G L'!'ifa.�: Sincerely, ^ � � � , �' ./ /' , � `r� 17" ��G %51...�� ��/ /' �—' ' ` 6C2C��'1-�% ',✓G'i!riC�s�.c�i��.%� Loui� ar.c �ar�ara Parisien • 2187 . :ne::urst =ve. St. _-aul, :;n. 55i10 . � To � Aiembers of the Board of Zoning Appeals r � �� ��_ , � Froms Kirk J. Rodysill ' 2136 Pinehurst Ave. _ St. Paul, Minnesota 55116 Re : Zoning File number 9033 (Rutzick) Date : November 18� 1981 � � As a residential property owner within 350 feet of 2163 Ford Parkway (Roc-A-Fellas) , I must state my firm opposition to granting a special condition use permit with modification to allow the establishment and operation of a game room in a B2 zpning district at 2163 Ford Parkway (Lot 19� Block 8, St. � C atherine Par.k Addition) . There are several reasons for this position. First� one must consider the function of zoning ordinances and the way in which granting a special condition use permit in this � � instance would breach the purpose of zoning ordinances. These � regulations are established to legally and peacefully settle conflicts between various parties attempting to function within a given location. They are established to separate incompatible entities by due process. Roc-A-Fellas at 2163 Ford Farkway is directed primarily at the youth ei' our community. The existing businesses include The Colliseum� Pudge' s bar. Haskell' s liquor, and The Pantry which are directed at adults. ' ' Roc-A-Fellas and existing businesses are not simiiarly oriented. Secondly� I am genuinely concerned about the safety and sup- ervision ok large numbers of 10-1� year old youths not only � within Roc-A-Fellas� but also outside on Ford Parkway between Cretin and Finn. At the public hearing of the Current Plannin� and Zoning Committee of November 5, 1981� a police officer produced police data describing the large number of cases reported to the S�, Paul Police Department involving c�i�es against persons. One committee member stated that these statistics were inflated because most calls are made. from publicy:e�i pha�a�s. ��e, -.'��see:u.n�:�t�r�) . Only a fool would believe that the as�ronomical number of telephone calls placed at Pudge' s Ear (adjacent to Roc-A-Fellas) were placed only because that was the neare�� public telephone. If one wishes to determine the safety in the vacinity of 2163 Ford Parkway where Mr. Rutzick wants to establish his game room and where our youth may concentrate, I would offer this experiment. I would challenge �an .o�ne including Mr. Rutzick to take his or her mother to 2163 Ford Parkway at 12:00 midnight on � Saturday night ( 12s00 midnight was the previous closing time of Roc-A-Fellas when it was operating illegally) and leave her there alone for one hour. I � suspect not even Nir. Rutzick vrould be that foolish umless he has absolutely no concern for his mo the r i � ti�;hy, should we permit the operation of a game room that will draw �' our most vulnerable (our youth) to an area where prostitution� � drug use, disorderly conduct� and assault are so prevalent? Thirdly,as a resident in the neighborhood of 2163 Ford Parkway, I can testify to the screeching tires, yelling, trash, fighting, and broken liquor bottles in this area. This occurs until the early hours of the morning and I couldn't even begin to count . the number of beer bottles or determine the amount of debris I � hav� removed from or around my property as a result of the current establishments between Cretiri� and Finn on Ford Parkway. Roc- A-Fellas would only contribute to and maxkedly increase the trash in our neighborhood. Fourthly, I don' t feel Mr. Rutzick has operated his establishment or demonstrated any type of good faith toward our neighborhood and indeed has been in violation of the law on several occasions. He opened and advertised his establishment prior to a legal license. Nr. Rutzick claimed he had a valid licence issued by Nir. Joseph Carcedi and thus could legally operate his business. . Although I seriously doubt this is the case� it is neither here nor there since Mr. Rutzick received a letter from Nr. Dick Amey stating expressly that Mr. �utzick was not allowed to operate his game room prior to receiving a special condition use permit which Mr. Rutzick never obtained. None-the-less. Mr. Rutzick operated his game room for several weeks after receipt of this letter. This is in cleax violation of the ordinance. Why hasn' t Mr. Rutzick been fined? The hours of operation of D'ir. Rutzick' s game room were in violation of St. Paul ordinance. � (He is not allowed to operate prior to 3:OOp.m. on. school days) T,here are at least three adult wittnesses to this illegal operation on three seperate occasions. Nr. Rutzick' s attorney claims I�Zr. Rutzick was not aware of the ordinance concerning game room hours ori school days. Again this must be untrue since another St. Paul game room owned and operated by N�r. Rutzick has hours clearly in compliance with St. Paul statute. Unless the hours of this game room are fortuitous2`Mr. Rutzick operated his Ford Parkway game room in clear violation of St. Paul � ordinance with full knowledge. It is obvious that Mr. Rutzick has knowingly violated several laws and fabricated false stories to protect himself. Is this the reliable , trustworthyrand responsible businessman St. Paul wants and to whom we entrust our youth? Fifthly, one must discuss tYie possible graft that is being uncovered in relation to Roc-A-Fellas game room. N�r. Ma�rk Rutzick obtained a license from Mr. Joseph Carcedi in a most unusual fashion. Somehow, Mr. Rutzick was issued a license before he received a special condition use permit. This is clearly in violation of standard procedure. Mr. C arcedi was confromted on this issue by KSTP' television reporters. He has changed his story three times sir�ce then. Perhaps it is only coincidence that Sherman Rutzick� Mark Rutzick' s father� and wealthy businessman who has reputed political connections in St. Paul government has contributed heavily to several city councilman's campaigns including A1r. Leonard Levine. Perhaps it is also onlycoincidence that councilman � Levine' s father was a super- visor atRoc-A-Fellas on �ord Parkway while it was i�.legally operating. There are many strange occurances and connections ' surrounding Roc-A-Fellas game room. ' Sixthly, I and other neighbors in the vacinity of 2163 Ford • Parkway have gone door-to-door to determine the formal opinion of residential property owners regarding a special condition use permit with modification to allow a game room at 2163 Ford Parkway. Greater than 91� of the residential property owners within the 350 feet of 2163 Ford Parkway who received the public hearing notice from the Current Planning and �. Zoning Committee dated October 23, 1981 were interviewed. 96� of � property owners were opposed. to the special condition use permit and� were willing to state this in writing. Other property owners may �ave been opposed to the special condition use permit but were unwilling to state this in writing for personal reasons. This formal written document has been formally submitted to the Current Planning and Zoning Committee at the public hearing of November 5, 1981 and is on file. A�� signatures can be verified. In a democratic society the voice of the people must be heard. Lastly, several perhaps far more important issues are being rais�d . and will be tested at the upcoming hearing of November 23, 1981. � These concern the authority of the Planning and Zoning Committee, the Board of Zoning Appeals and the rights of residential property owners. It's certain that Mr. Rutzick will argue that he should be issued a special condition use permit since measurements made from the fro�t door of his establishment to the nearest point of residential property is greater than 100 feet. On this basis, the license division supposedly issued a license to RRr. Rutzick. This however clearly usurps the power of the ' ' Zoning and Planning Committee which has been established to determine issues regarding zoning. This Planning and Zoning Committee supported by the City Attorney has established a precedent that zoning issues are first raised�discussed and P � decisions made before a license isissued and not vise versa as Mr Carcedi and Mr Rutzick would have it. Secondly, all precedent established by the Planning and Zoning Committee to date defines the measurements in Zoning Code Section 60.53�(3} ) regarding special condition use permits with modification to allow game rooms and other establishments in B2 and. $3 zoning districts to be from the nearest point a� the commercial building to the nearest point of residential pro�erty. Any variation in this measurement technique would not only be against precedent establiahed by the Planning and Zoning Committee, but also would cleax the way for law suits against the city by other businesses denied special condition permits in :the past by virtue of ineasurements made from the nearest point of commercial s��ucture to the nearest point of residential property since virtually � commercial establishment would have a main entrance greater than 100 feet from residential property by virtue of commertial � lot size and standard width of alleys behind such establishments. Thus any other form of ineasurement other than that established by preceden�c by the Planning and Zoning Committee would make Zoning Code Section 60.534 (3) regarding special condition use permits invalid and inapplicable. Is this the purpose and intent of our lawmakers to establish a code that is inapplicable and essentia.11y worthless? I think r�ot. ' . � Furthermore� measurements any way other than from the nearest point o� the commercial building to the nearest point of residential property wauld not allow � discre-{��ion by the Planning and Zoning Committee. All game rooms, pool halls, bars . ;etc. would have to be allowed to operate in any B2 zoned area. And what of the residential property owners? Have they no ri hts? If . the measurements of Zonir�g Code Section 60.534 '(3� are made � from the main or front entrance of commercial pr.operty to the nearest point of residential �property� game rooms and pool halls could be established and operated immediately up to and abutting residential property in the case of a building which measures 100 feet from the main entrance to the back wall. This provides no 'buffer' zone between residential and commercial pro erty. Isn't that the very crux of Zoning Code Section 60.53� �3)� Unfortunately� I will be unable to attend the public hearing of November 24, 1981. Although I have signifi¢.ant personal concern and interests in thismr�atter� as a physician� I must attend my . patients on November 24 at the �ea�ing� '. time and I must thus set personal concerns aside. I hope the �iembers of the Board of Zoning Appeals are as willing to set aside their personal concerns regarding this issue and determine the best good for the City and people of St. Paul. , Sincerly� . � � s� � . � � tdovember 19, 1981 . . St. Paul Board of Zoning Appeals - . ', 25 West Fourth Street � � St., Paul , Minnesota 55102 , � _ �_ . De ar Sirs: I am writing to voice ,ny opinion relating to the recent denial by the Planning C�mmission of a special condition use permit with modification for a gam� room in a B-2 zoning district as applied for by tdr . �iark Rutzick for his already-existing establishment, - ROC-A-FELLAS. I believe the denial of such special condition use permit should be upheld by the 3oard of Zoning Appeals for a number of reasons. A discussion of the most compelling reasons for denying tn2 special conditio� use permit �ollows. 1. Incompatibility With Existing Businesses. Mr . Rutzick' s ,proposed game room (althou�h fully-operational for several weeks prior to the hearing of the Planning Com,-nission) at 2163 Ford Parkway is totally surrounded by adult-oriented business establishments. Su�h establishments include Puc3g�' s Bar , The Pantry, The Coliseum and Haskell ' s Liquor Store . In contrast, ' • ROC-A-FELLAS purports to provi3e a clean, healthy entertainment primarily directed at adolescents between the ages oF 8-15. It woul� appear obvious that such a setting i� inappropriate for an entertainment center directed at this group oi children and ' adolescents. Onz wou13 assume that the owners of the acljacent businesses would also be apprehensive about this location for a gane room as it can only increase any present probl�rns which they may have in 3ealin� with minors. I believe the most important consideration, however, is the negative influence which such neighboring establishments could have on the impr�ssionable youth of our community, e�en though such establishments provide a perfectly acceptable environment for fraternization among adults. 2. Opposition by Neighborin� Residential Property Owners. Althougll not heavily weiyhted at the prior hearing of the Current Planning ancl Zoning Committee of the St. Paul Planning Commission ( the "Prior Hearing" ) , I believe the Board of Zoning A�peals should carefully consic7er the evidence of widespread opposition to the proposed location of ROC-A-FELLAS at 2153 Ford Parkway as presente3 to it in both petition form anr7 the transcript of testirnony presented at the Prior Hearing. Approximately 91$ oi the resi�ential property owners locatecl within 350 feet of ROC-A-FELLAS voiced their firm opposition to the granting of a Pag2 Two Novem�er 19, 1981 special con3ition use per.mit to Mr. Rutzick by signing a petition . �vhich was later presented at the Prior Hearing. . Several other mertbers of the above-nentioned group of property owners also were opposed to such permit grant, but declinzd signing thz petition for personal reasons. In a�dition, a number of letters from such property owners voicing their opposition to Mr . Rutzick' s proposed establishment as well as personal appeals to the Planning Commission were presented at tne Prior Hearing. If it has been previously determined that it is in tne com,�unity' s best interests to allow concerned property owners to voice their opinions where their property rights are being 8irectly affected (one would assume such prior determination has been made as � � th2 Public Hearing Notice relating to both the Planning Commission and the Board of Zoning Appeals Hearings is mandated by statute) then it also would seem logical that a great deal of wei�ht should be attache� to any opinions which are actually voiced. This did not � appear to be the case at the Prior :3earing, where the a�jacent property owners' valid concerns regarding large num�ers of youths mingling in the r2sidential neighborhood, increased refuse being scattere3 in the area, and a variety of other concerns were • apparently �isregar�ed. I would hope the Board of Zoning Appeals would ae�onstrate that the apparent disregard shown for affected ��operty owner's interests at the Prior Hearing was only an aberration and not the customary practice of the agencies charge3 • with administerin� St. Paul' s zoning ordinances. 3. Interpr2tation of the 100 Foot Restricti�e Clause of St. Paul Zoning Ordinance Section 60.494( c) . Tne attached Resolution of t�i2 Southwest Area District Council � passed by such body on November 9, 1981 clearly states the position of the larger residential community regar3ing a major issue �ealt with at the Prior Hearing: the starting point for the 100 foot distanc2 require� between any residentially zoned property and a restricted resi�ence in a B-2 zone. Pursuant to St. Paul Zoning Ordinance Section 60.494(c) , � a special condition use permit may be denie� to a restricted enterprise (such as a game room) in a 3-2 zone if it is located within 100 feet of residentially aone� property. The denial of such special condition use permit to Mr. Rutzick at the Prior Hearing apparently turned on whether or not such 100 foot distance is measured from the main entrance of the business to the residential property line or the nearest property line oi the restricted business to the resi3ential property line. I am strongly in favor of the Resolution adopted by the Southwest Area District �ouncil which supports the only loqical interpretation of such or�inance an� the one which is consistent with the prece3ent established by prior Planning Commission and Board of Zoning Appeals decisions. I ur�e the Boar� of Zoning Appeals to caretully consider tne inport of this strong statement passed by the chosen body of representatives of the entire community surrounding the location of , Page Two :dovenber 19, 1981 ROC-A-FELLAS even if the desires of the property owners who would be most c3irectly affected by such establishment are disregarded. � , � ' Although tneir are a numb�er of other reas�ns which could be cited in support of the denial of a special con3ition use permit to Mr . Rutzick, the above-;nentionec] ones are those which I feel are most compelling. I would hope that the voice of the people, when so strongly and vociferously presented to the Board of Zoning Appeals, woulrl be heard. Very truly yours, � "I c i�\ '`,'.� � �` �`r 1 . , . i �`��-�...,� .'�1.�. ��� t - � Lisa M. 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' . I 2l 54 Hi�hl and Parka�ay . St. Paul , MN 55116 . ' November 2, 1981 �` - . Current Planning and Zoning Committee 25 West Fourth Street St. Paul , MN 55102 RE: ZONING FILE N0. 9033 Dear Committee Members: Thank you for the opportunity to be heard concerninc� the qame room located at � 2163 Ford Parkway. I appreciate the two vehicles of communication you have offered concerning this issue. As a concerned, life-long area resident, a parent and an educator at the high-school level , I would like to register my strong opposition to the location of this game room. I feel this type of business endeavor has value to a distinct clientele; but my objection is concerning its location to a lona-standinq, volatile hot spot of contention within the area, namely, Pudge's. (Pudge's • may be considered a separate issue by some, but it is my view that they directly relate and affect the neighborhood and youth. ) I have been in this game room once, about a week ago at 9 p.m. at night, and it appeared to be busy, adequately supervised and, of course, noisy. On this and two other occasions, � I walked down Ford Parkway in front of the game room. I was struck by 1 ) the broken glass, refuse and garbage in front of the �ame room and Pudge's; 2) the bicycle rack in front of Haskell 's and Pudge's, which I feel is somehow connected to the game room and yet was placed in front of the other two "adult" store locations; 3) the numbers of cars all vying for the few, almost nonexistent parking spots; and 4} the number of people--all ages--waiting around the entrance to the game room and Pudge's. My greatest distress came with seeing the numbers and varying age groups of individuals aopearinq to be loitering around these establishments. My experience of 16 years in education tells me this is a volatile situation for all concerned. As parents of a 12-year old son, my husband and I have found it necessary to limit the times and places our son may frequent because of the above mentioned conditions. I resent this intrusion into my neighborhood and upon my family. I am asking for your help to support my believe that qranting this qame room a permit to operate at the proposed location invites trouble amonq patrons and unsuitable living conditions to area residents. I need your active support and participation to help keep our neiqhborhood a healthy, safe place to live. Sincerely, _ , �r / � .� Mary A (Mrs. Patr�ck T. ) McGuire }( 1�� , � t.�" � �� • Minnesota House of Representatives JOHN DREW i � - .O.�t�- � . f �� � � � . d' ��(�t N w s, �c,� 3 = 3 0 G� . � , G,,F a�c� �v'� P . ; . C� �� ; ,�— � ; �Gr.�`� . , : I I, i I i 382 State Office Bulding, St. Paul, Minnesota 55155 i�i ��, , ✓� e � �y � :��— 21b'] =inehurst ave. St. �a.ul, ::n. 5��1i6 October 31, 19t31 ?lannin� and Zonin;� Co�miLtee . 25 r�est Fourth Street . . St. �aul, Mn. �5102 � . . ` Dear 5irs: Thank �Tou for infor�ing us re5ar�ing tne proposed rezoninR of the pror�erty at 21b3 Ford ParKway. iNE are unable to attenfl the board meeting nue to co:n�it�ents; ho�rever� xe thou5^t it irportant enou�h Lo let you :cnoN our feelin�s tos+ara I✓x. Rutzick's rezoning request. ;ie are apFalled that Mr. nutzicK han the audacity t� violate the rezonir,g orcinance by opening his e�tablisr.ment, "Roc�-a-fella's", :vitr.out first consultin5 with the zoning hoard anc tre resident�s v�ho �ust live tivith tne boara's decision. !'Ve assu►^e that I�ir. Rutzick � feels that moving in ana opening his business pre�aturely will as�ure nim the neeced zonin� change. v�od residential property is at a premiun in St. Paul. Xs �esirlents of 'r.i�hland Park we have naa to :�ght to prevent past e^croacaments of the ousiness sector into our nei�nborho�od; t�ortnern Feneral's atte�pt to close off Di.nehurst ana turn two res;bential lots into �,ar�ing is ,a case in ooint. . rirst of all, �nother ousiness is tr�in� to creep inta our � rie�;r.�eornood. :ie are oanosed to any rezoning ai1��N�n� a business to encr�ach upon a residential nei�hborhood. '':cocis-a-fella's" ie clearly • �n vial�tion of the law since :t �ras opened its coors 45 feet from resiriential r.ousing in direct violation of the 10� foot ordin�nce °orbicciins recreational centers from operating in nroxi.:.ity to residential �rop�rty. Sec�ncly, we areopaosect to openin� up a video establis'r.�ent w�ich is already oecomin� a "h�n�-okt" for our young people. The proxir�ity of '':ocx-a-felia's" to a liquor �tore and a bar (?udge�s) lends itself to a ne�ative environ�ent, too. rs residents of this nei�hborhood , vre must li��e ;s:th tr,e tiecisions ni tne zonin6 bo�ra anc :rP are alre�dy exper�encing :nore ana �ore �,oung i�-?; year o+ners AanSi:�K arounc ''�ock-a-fella' s", t�tanriering t?�rou�h tre a��eys of our resioential nei�hborhoad, s�oxing, litter�ng, nisturbin� tne tranquility, on t:.eir vray to or from tne viaeo center in ouestian. tis parents of two young chilcren, •rre �eel tnat tl-.is type of recreational indoor center is not in their b st interest. Other families have voicen �in�lar objectior.s to ��p.e incl»sion of such a center. LIl��,�;in3 Lhis iind o: rusiness to rez�re �n clear violation of the ;ity c�re�t�ves a5ainst such zoning, cleGrly e tablishec �o kee,� �ei;hbor- t»oo� intact ar.c peaceiul, .vill only ada to the incre:�;:ir_T �roble�s that tri•eater. our privacy, rersonal value�. 2nn �.ro�erty valuations. �,o resident� oi ::t. ?aul's Pinehurst area, +ue are as�in� tre zor.ir.g � � `oard :nem.�ers not to relax its stsr.d�..Y•bs. cut to remain �tauncr. in upnolding the exiating ls;vs; after all, this rarticular tyne of zonin� was cione •°ith a good pur�:ose in r�inct. Do we c;eserve anv less now? ?lea.=e consicer the ^res�nt and future needs of t:�e ?inehursL �esidets as rv�ll as the ne�ative residential impact tnat ihe center xoula create, ann vote cio�Nn i��r. kutzic�' s rezor.�ng petition. It is ur�re�s�nacie. ••nfair to the resioents, ana pre�ent�y illeaal: Sincerely, � � � r . r � ' ��� � "���'�._ , , : � ' �.` "� , ���������' / a=.lt.c��,c.��U' ' barbara and Louis �srisien . , • b9�-::?1 cc : Fon i•Sadcox, City Council i�. I�:ischke , ni�hland i�illa�er . �'��� �� � . we, the undersigned residential property owners of ' Planning District #15, oppose the proposed Special Condition Use Permit with Modification to permit a game room at 2163 Ford Parkway (Lot 19, Block 8, St. Catherine Park Addition) , as applied for by Mr. rZark Rutzick. The following signatures should be deemed to represent � our formal opposition �o said proposed application. NAME ADDRESS � '.�'ELEPFiONE DATE 1. � �� a/ �tot r�in2G�c�� 6 49-z �j�o «�z6��, �s �, � , /� "�,,, /�. 7`?(� -> /f� d"'.G����GC1 � a�— " d�e�J i0-�G ,,, t� � .2 , ,��h S�; .� ���,.�� �/.�� �:��,��1�?L'r. �'�o -0 6�J �a/.�� ' T' ' v ��1 � � J 1 3 ,; � �� •J �t �~ \�,--•� , L � \1 �—`i `' �•�.�.-� ! � , 3. .; : -:,�,�.. �1,� `. � 3 �.� ' :.: ����. � i �w37 ' -� �� �. •r ): � -,�. t'��:,� C 1%-� :=:'4-;�--�-t`.�;� :� C• -� :J.�,z�.-���"�{,u` � y r!3 7G � /c , - . . �� %t �.�' �� t�� � � '��� ���s� ����u-^� ���= G' � -7�S' � e` � 4 . �- �1, ,�.�.- , /�" �� �� �• �t „ . � � ��� ,�, ,,.y :.�;�/ -�,�:�,t``., . -� . � c L /G-,,�'�- � ,, , �• l 5. �ri•t�-1:�� t ��a...0►Z�..�`� �i �T,.n� .T,�L��.�-�:•C � S!�= - �1�/ �C �l' , � �t� .� � yt,.G-�-�t �.�t � 2 S �.{.� " ^ �ct �' I� J`�7 /�,•�.: 6 . ' - � ?� �`�� ___._._ __.._----._.--- _,._..___....__ ---._._.. , � . � • �l�.����C,�� i� /�!i�-c-�+�,� �/2 S�� T�:.�-:..�,i-��� ,�•G_C`• 3� �`'�.. . — - ) / , �,� _� ��� • a � � � r� u.r2 . � - ,- � � �. � ,�, $ -� - � . ,,.. . ,, � , � " , � '�.; " .> ' � � ,, „ . ,i ,, � _� _ . • ,- � � � • -� ', . I ; � j .�� � 1 �Li '. �� •►��:. ^ � n r / ( ; Y� r� � � .� � .', 9 . ' '�,�nn -' ., !�.�-c..� �; !, j �� ��,��;• � �u� �.: �; . ',• ^ � � , �j � I R��l�/ L , .��'�V �s���--�/ t.���t.. �� � / � /�� �, � �'~ . . . l ? �� }7. ,. �.0. � - � 'S. �/�[.'�"( :�� �... �I' ` 1/ G L--i..�/Z�.L � l.G•. ��C, ._ y!��vL /`� . , `,_����;� , � � 11 . � � �-� � �p �,c,.,-z.. �..-�...� L� � 1�- �c v.� . / / 'C (��r i,C/LPl (,� ( �/ '/�1� �� � J i`. � + �2 . /����c� � � � G « Z.� �` ��� G 9 —� 7 � . /L�- %?- r� (j ?/ . � -2- '� ' �:�, tne und�rsigned rzsidential property owners of � "i a:.:,ing Distr.ict #15, oppose the proposed Spe�ial Condition �J�=: Pernit with Modification ;:o permit a game room at 21E3 ,u���i Pa�k�aay (Lot 19, Block 8, St. Cather?ne Park Addition) , . ; �rplipd for by Mr. :�ark :utzick. Tne f�llowing signatures should be deemed to represent '. �ux fermal opposition to sa?d proposed application. i?r�.�L ADDRESS TELEPHONE DA?'E 13 . , a _���_ � ��� �/���//�ST �f��.f'3� �o Z J/ i" ����7 �!= L IU �� '` /DyZT . - .�- _.._ � S � i.�. ��a.��, _ - ��d- ��' � -�> � � -- A ! + • �5 . �.y�.1 _..��� ^ �� '�.� .�-� ��-;���.:.� .___�r,a�-���� �U,-�.�-. 1��,', � �� � , �` -, � . � � -�`�-`� �" � �✓�C�i�a.� %� 2i�� �� , r� ���� �� ��; , . . . . _-/J _ ' �6. `_�:� �.����i ��-1��c.2. � � 3 �i •��.:_.�:c..c�-t.;��! _C�.-� a...�� `, ,. > �'� . � " `�:��L���_. ✓�-t�.I�L�Z/ c�/c��' j�.�st.-�.l�c�.�l/" � ,�—G77'�,7/ /D �,..ti � 17 r L , r� / �' ��; ' _�_��'�"�-�� ���� /��t� � y 'ti,.,/„r�,;..�C�n L,�— :��'>��:.{', / f 18 . ,t � �. ' � L����.��� �/� � P.c�.�.�Lc.�.€'c��'' ��i� - ���� (0-Z L `��.f_i �i b 1�f / .�� ' ♦ s .......�.�..�.. �9 . � � � o �-,�,� 6yo-��.�z ,b- Z� ��� 13 -- _ _�"� '�✓G� �r `t �. �----zT-` . , -� � ---�" -.---�-�. 20 . �r . � • l0 I ll ����� ���"d.� �� .� . ../� '�"�� G�, ��Gy�.�-�� d/Sy �?��� �,�s� � ' < < � _ 1 < / �/ � // '' / /j/� �//F `„!�� I� _1 . ��• ��I� � � ���5' Y /'. ✓/�"1�� '�L , -���"I�r3�! � t� � / ��a" r� C/,.[� . i. ♦�r•4 - � �� � . I . � ._.__......: . 2 2 . ��LZf ��L' •. , / L�- __. t � ► r � (�' �' r, ,,,� _ .�._/ G� !%__ ,�ir.�r`_i>?-�. .�►. _� �it- ii / � .� �'�� � �c. '.,,Zc� — , , � � ` + /' 23 . /�"/'1.:•� . ��� ,;L ��rt,'�— :, �y�.�!- C(�� ;� ���. , C•'z-�=�� �� l! ,;j . .��,Z l,C �����.3/ _.�� ��� � � 1 � ,- ,, .-� /� 2 4 . �',� , �./____1 �� /?,:i^ '` �:.��=J � � .r ? `7 �;- /_ .�-:� .�,r: � , L -'� �7 � / _�r`�C ��' / r�"f� ... -3- �• � ��'e, the ur.dersi�r.ed reside��ial property owr.ers of • Planning District �15, ogrose the proposed Special Conditior. Us� Permit with Modificati.on to permit a game room at 2163 r^ord Parkway (Lot 19, Bloc:c 8, St. Catherine Park Addition) , as applied for by T�Ir. PZark Rutzick. The following signatures should be deem2d to represeat ' our formal opposition to said proposed application. NAME ADDRESS TELEPHONE D�TE 25. ���� �� �� � � (��.�.�- �yy ���3 � 3; .���. 2.6 %`�� /+ � � / 2 3 ���-�..-L�. ���3 z �a ! � �i, d, . --a .. � -�� . � � � � �. — �� �� 2 7 . � ���' , . � r p ' , � `� ' --_ lr -, 2 s . . � � , /' � ��4�LJ ���� ���S ������� �S 7� /��r�, — -�� � � /� ` � a � $ � � qo -ss „ �� .. 2 9 . �:Jl- � P i N��i u k?.S /� ` /! � . ^ /!�� �.�,���.d � _ . __.. 30 . . � � , � � . ��� / � ' ! ri , • - 31. � � r i� !�c•�-sc j .:r�,.. . �. � / , -// f /A �� `�_ 32 . ,�, ,�. , f � .��� 7 �t..�.,��'�-1�Z� �� ��_� � �. � / 33. 34 . � . 35. • � 36 . . ��, �-�'.-� , �1��'-�C° U!�/z-e� � / . . G�:� L��iI�CJ � � L� G3�� . . � � ��Q�u� �� .. � � ;��'���. ,� a-� �� � � � � � � � j � • ,_`� r �� . / _ � t / � • d l 6 � C�e- - 69'd �3�.� � . �. • � Z� t��1 �� o -'�� � 3 . � 3 . � � � � , ; � . � � i � ' .� • ���_;��� . .. ��� � � ,� %/y � / ./ � � , � - - , � � . � � `' � �,c7 C�`?/ ` � . . � �� �� I � � � �l� � �� � V � �� �'� � /� 1/i�i-�"� ��4� ' � � y � � , � L` '�,��'`v�"L''! /` L�=�Y� " ` �v�G� !�. t � ' ��t�.t, '� G'L^.'�'I �-.,. J � °' � �'� ' �� ��/2-- �"� 1 ` 7 ' ✓ _ ����,�.� � �P.�: ��2, � .-.. �;�,.� C�2�'�. � '. �� . / . ��� f � � �����- �i l,���� —- � . � . ; �"�,c� .�--� � ��'�.� �'°�-�- ,�:�� %�✓���-�, -� , �i � ; / ' �a� _,, /� ��f fi�'(.�,.��Zt.d.G�l.u.-- C�tt�c�'� �L�Z� L �1 C�� . `� � ^ � . � � � <� ✓�.��'�'t�J��"'Ll� �C�v`'' .�Cur�.. .�'►�'?� --,- ;-;�-z;,,��.�.(% � 4� • � /' �„�;'� ' ` � ' .,�.� � � �� � � :-'��' �� �� �� �� � � ��� �� � �'�� . �ti� ���� ��� � . 1��� � ��- ' �- , � . . �� ,� � �� � ^ L/�.L' -� // . ��� � ' y� i� ,%.� � � j � �� � 2040 Ni�rl�nd FFrkrr�y . ,Jt •ri�ul�l�.nr����� '• TO '- The St.P�ul City Council ' �ubj ect - He� rin� on Roc-�.-Fel-A Gr:me Room-Ford P�r:�v:�y. I feel t��.t this g�-me room is �: fine & respect�ble �ddmtmon to the busir_esses on Ford P�.rkr:�y. It offers � bri�ht,cle�n pl�ce for• . persons of �11 �ges,inclIIding the y�oung,to spend so:ne time v,-ith � ��e=�s�nt,h�.rmless �musenent. �These electronic computer gr.mes & pin g�me� �.re noti:� popul�r & ir_ common use ir. thousGnds of living roor�s f s fun for the entire f�mily. These persons,Gs they enter or leave the ���e room,�r:ill not p�se any problems gor the neighborhood or residents.. Corap�.re them �r�itr the peoule r�ho co�e out of the b�rs & t�.verns loc�ted on the s�;:ie st�eet �nd in the s�.me juxt2.position to the alley & residences behind the�. ' � They pbse � serious thre�t to the neighbors �: re�idents of our �reG. Let'�s be h�ppy & th�.nkful to h�ve such a.n ��.ttr�ctive g�.�e room r;here the youn?� cGn g�ther,off the streets,for h�rmless fvn & enter- t�..inment.• , Sinc er ely, , 1 � '� ' ' ���3�! � . � ' ' � �� � Q.4..� . 1�� ¢� �,..�-..�-� ���..� � �'�p , . . a..�.� �h�, • . � �°'�'a.C'"'�-�-�c. -(-�,� • ..�e/1-J�.�c-1� "� �c.�C � rSS �'".-�-�Q � ' /Y�-e.—�-C, �CV � ,Q-�`.�, , ��-a�..� .G(�{,� a..a.J I �t, �-Cr �d--�c.e�--� ' � �D � � � . � �-e , � � � � ' w . i� �i�%�✓i�/e �"'�'^ . , 07.�o i �� p , �. G�� �, . .�s .� , ; I i . � ' I i,���r _ I � a� � ( �. ,� ` , .. :. �. . .1-.._�,i�,. _ t . � f; :,.�:�.?� �� . , t � • _ � :;� j?..L'� c'_�i.�� :J , � — �` � • i • �, . „ �.. ;�; _,����L . v (..N�.�.,�.�z; ! � �1.r-;'��•��a; ��1 / � ^ J � 1,`-�`ti-� �� . � — . .,�. n ; ��' �-- � .-�.-�`x- ��.;., a..�� ,t.,t-� ../lJ��-J`- c-;�-�1, t .�:� ; % --`- �. ... ; � �.�� �.� c%.l J . .,, � �� r, �''I`.��{� :�(,�,C. �{,'�-N�`�'�''L"` �-�-i""`' �'� �'Ci-�lJ�.� C�'�. , • (ti ��,v�� /`Z�., � �Cf--�-�' � C�-�,�y? �,%, , J � ;•'�, J G�..�...� ��-�(;---;�..�,,.�/ � / ..�; �� �, L�, ��,�,L� ,� o�,. ,�,t,.�. �-� G-a-L� ,�. � ;.. ( . r� � r� �� '�`-'����'�,� '` , '����1��" � ��,,�. C �.J. �,n... � '.; . . . , � ,�,'Z,t-�../�,.�r �.'V,s�.?�J��J _. �� :,'..�'�. Q-L-�C�:S k.� � � , . �. _ � ,, /� � � � � j t l'(� !�}r�l�/� �� % U`t'� i(�ti���L�� �t , �'�w��/v�.�-�l/u/'V \ V n � ����-.a.� r�..�.-�4.� ���..� ��.;�; r.��„�-- - �''�� %�-- �t ^�-�-�,� ,� � � ` r � ��~ V� .� � ' � � I •��'�-,�h.�✓�-/��� C�.C� CS-�'�. v\ -'�—` \-:;`.v � � -�....�... �-�%�. ��'L�� C��,.,`',�-�---,,�..� ,��.,�-�: �-� j � V �r I 1 � i ,� �-(,•�:� �.�.,���i v ti..L� cL �;�.` ^ �� � ,,,/`,i.l.�.,''�_. � � 1 G /` . f � '�•,���,'� �.�'\ �� W��'`-�I I "�f�� l�l.�.���/��.�`.. � � . ^ 1 (' c� -� ;; � � �� c�–� �'�..�.. �''�^-�' 6""'l�'J c�-'�' zC �-' �e t� I :�-- "v–�- � �'`�-" � , . . ,--, I `, _ - .. ,_� � ,�r �� , �� .�.�:...�,� — 'v � —'�--�..� ��i�.�--� —:•. — —t.:�ls: c.� ��.�—L��_-�L � � � t .i n ; r � I �l�� t t � '� �F��',, 1 { �'� , -_�•,S. �I /�x k ��e,`,j -- \ `'�� v�: --•�_i� ,� ���.; ,.�,,;�Vt�c�" ��-��n.. c�;� :�'����� �',`-�v����.R, � � I _ . , L � 7 ��� � �' , � . ,ry _ =��` ��-ti..� :�. '�.�.�'-l� 11.��.,1s,_ �_ �l ._. J> •_ .�-- - � ,. , w L �, „ _ �L-�.�r.� , ; ' �. �. .�..'``S.y`;l :� l.'� V�..,' �, C�~'`� �.���.J� t \�-y�.-�`-� .� � � I J ��'. j. ��',,,L,,�...;,,,� _ �\ , , ��.�-- C`� :�-ti, t . �� . � , . I ��d---t_.:--�- �-�'� l `..s:.�n, �� ,t;: '� �?�� � j � , ! i � r r � ;}� � �-��.� , � i , . � . ; � � � . , � ; � I i � ; . ' � �, �-����:� d�r���l Q��;�, �r��. ' 4103 e. lake st. minneapolis� minnesota 55406 / (6t2) T21-5355 �// �s7..mG. �L - �v: ���-.��,- 3. �1 C.t�. • . . �.ttc.-�ce. . � / - - ' /G� 7 s'�.��__,_. � � �?� ��� � - -- - ._, ___ _-- - . _ __ _ _ ___ _ _____- s�.f�4+"�iL_. . _ - ,/ � ..�"�'c • • — .�,��..�Q ,.��,....� �' °- � ��...� �-- .� !Z °-��;�� ��..� ..�_._,�.�`-,� � z� 5� f�oQ ��.. . . . � _ � ,��.�...� �„� .,��/ � �'. ��� _. �rn� .�...�� � � ���. _ . _. __ _ . . . � _ , � - _ _ �.c.�. ' !. ./�.�:._ __. �- �,.�z..l ..�!� �: �z.�s� + ' �r� , � ,s/� _ _ . _ .- --_ __ _._ _ _.__ .. _.__ . a%�2G.� _. __ , _ . ___ _._. _. .__- -- --- -- - - __ ____. __.. _ o�+.�L. �— _ _..__ ____ _ --- : --`� ���� __. 4�✓-i� - --�-....._. __.._.._. ._ _---- _._ _ .__.__ ._ ._----__- - -. . -�-- --_ ___ ----------- . •� • �(.l�.F—{, �',L'�C.t-�tl' /� .e:��..� � G-� b�✓.�—�11., � � ' � ;�'� �� �r�� i�- �- 1� .�./'� � �-,� ,��`.�" ' � .,�-;.f-e_ �.o.�. � �y � `� . � ,�.° ,� � �,�.- . . ��- �,..�� �. � / � . � �n.� w�� `� li,�-.�,.� � �"`��. T�, T^�.�. . %��� �� �2Gr"�—yt �V�G�►!t2�.. ' ;•'.��, t�e ,� . r�� �r�e� ar� :' .,:iliur �•rit�, t.",� :?oc-�.-:'ellas �rcade ' � f` t n:� . . ^ �1 � ^�.r.. :�.�y�'. ..�• i r.ri �.• ..nr.+ n a . � r � � �^ /�"1y y� c �=: . �� • �J •� C.1 i.•ii4� V �4^=/L'l li i.� V �i' �l O V 1 lr�% Vt.`1 �+t�en �r.� 1� T.. " .0 ��1.. �.��.�i�) ... L �l.iw. lO�MNl�'ll • �• . r • r 1/�(� . n..L I:�.��� ,.�r-h�a y s�fa,� .p� � c v��,o�:� ��' --� -- -w� =�- - d't' — �rc'os�/� !� �l� ���:.kCu�i=+�f J E i��l11 C-"� � . � � � - � f �� A��.23� � � �� Z'S' ��` ' �'':`��-�ir'r� ����.� . _ _ .� ` � '----�L--1�s�_ _._. �C,sl ��c�_��..1' �'rGtLS -- '' -.-� '-'�z�� .� SZ c�"� " � ,�:. n �, N ` --- �.,� � � � ��,� �._.-�1 a.�.�t�� ' , -z G� ` �' � � vi0/� . .s� 6 . _.1 ' �``-° U 1 1 1CZ'�� /' — � � _�--__ _r� � � � � � C�u,�. h.�� . � � . iJ . 11 . . � 12. 1�. ' ��; . 1� 1F . 17— __ 1° . �n 2� . .. , ��.__�. __... — � c? . 23• - 2� . 2 r.. � . �y name �� G�ady� P'n�ce and T ��ve a� 904 Sz: Pau� Avenue. I �h�nk �he k�db dhou�d have a p�ace �o go and p�ay �n �he v���age �n��ead o� hang�ng cviound �he dnug��oneb and �he �����ng b�a�.i.on. I �h�nk #ha# Rock-a-bel�a� �hou�d be ab�e �o nun a game noom on Fond Panhway nean Cne#�n. Thank you, . '�������� � G�ady.a Pn.�ce ;:over��er 22 , 19�1 •. � �epartment of Dlannin� °� Zonin� 25 t�. Fourth Street St . ?aul , :"?� 55102 Re : Roc-A-Fellas Arcade , 2163 Ford °arkFray �ear Ladies & Gentle�ren: It has cone to my attention �hat r,oc-A-Fellas arcade has becor�e involved in a dispute reoardin� their license zpglication . for t'�e �ar►e roon on Ford Darkway. I have lived at 510 i;ount � Curve Blvd for over 20 years , and rave been involved in the � affairs of our nei?�h5orhood and our community. :iy husband 2nd I have accompanied our children and our �randchildren to the �oc-A-Fell�s located on Larpenteur near Snellin�. �:e ��ere very please ��hen t�re found out that they were openin� a game room on rord Parkc��ay , and had visited it a number of ti�nes �.;ith our �randcrildren before it v�as closed. The Ford Parkway arcade was clean , neat, and well run . It t•�as a treat for the � ' youn�sters and ourselves to visit. ?lease ��� be advised that both MST children and m3�self heartily endorse the operation of the �Gne roor� 2t the Hiohland Park � location. Sincerely , � . � � ����,�J `� Jero^�e � June F ne r . , ; . ; � C; `, , , ; . , • ' , . . - L.v_1 _! , � . . , . . „ ,� ; , . _ ' � , . .• ' . t � . " ) . i � 1 ' � ' . - G' � '' .. � , c-- f G_�1 -_ , y„�, , _ . .. ,,�,� ,' _ 1,��-"� _..� t-4- ✓�"� ` �' �' �-' . . L' i J � n ``--'� � �/'�/f L�. . 1. .�, , , '� ' i ; ��.'�ti_C� '� '. �^`-•-�.,:_. .,: . � , ..;_.. .,.- , -7_ �� .t ' , r . . . • � �✓ (,/�� � � l���,:: . r l L.'" � ^ , I-�. , ' � / � /,' ,, ,'1 1' � �''�• :l j�' ,i �. /� � � � :�, i .� �_,-�-;�� • '�_� � i '�., d•. .c -� . � ��i v v� . ��• - _ �f ��T��\ <,,,�E' V�V�v � ' �� �' . .__....---..._-. !� � � � � � .� . - :i�r � 'r�r.�,�./"�!� . � `j�,�.`('1`1, !./��. , _ �t� C/-� �'�' ' �..s•, T"4-�^ '�`.. =-- , �I • — C) _ , `; t 1 • , ' � , � 4. r � ��"f � - (,7.. `` �i 4��'-� ' C � . j._ ."1� . , . � r ��C` . .. , , k' �'�'� �� .� �/ ; � � ,, !' -C/►�':-e ,�.� G. '`J' . ���%i�_, D, .i , �' r,,.t/1 �.:.. � I� � ( � .' � ' � �. c.: c_ � �_ � � , ,�^ - � ,� �'� �— _J. � � � � � �, � ��, -�;-,., �� ; ��.�_:�► �, �. -�-�J, � r. .- c.�-.�.� -�- � - � , � �. � . : : �,. •� � � ; . :� : �, : c��� �� � �� r-< -�.--� s ���- � � v � � . ���G: ; , � V ! ,> � C M � 1 � �' i- � (C � O tJ�" .�..�-±: ,� ;"`• V ��}��? �� � � �� � � � � _ . ��" ' � -� .� r " • ,^ ' _ `� ' `' c' tJ � � - � c ' : ;f.: �, ...--�.., ,, ,�-! c-, ;� ;:: - �, i c �'•�` �' . ,�. . ± � ' J . !_.. , ! � � � � � r c S , - r,..J l �'�. G '-� �., � G, � G. c'x. .: .. �. � +�� � i d Pf /1 i Q r'1 �� . � � � r-. � -�. � ' " �';: �r•��,r V! � "--` l_�. � �.-, �.. . � `,�;, { :� � -a _V ,` `.% .� t` . C � �:" � I / r � � f .�� )Z°� t�� �J �'. � r~ � l. 1 � � ' '� —� �_.�..,�� j�,1 -'� : . i �_ ` (r � r - f '•� .�` r . >. �. ` �. � 1 ! � �� ` �..�..."'� . � ' • � � R ■ ;�l�a.�� j , . ;.� ; ��, � ORG�NIZf�T/ON 450 SNELLING AVENUE SO. . ST. PAUL, ;1iITNESOTA 55105 - • � � TELEPHONE 612 69&0515 (v � � �� fl 1 . � o � ,Y,w, �.,� vrliv�-...+ ,��/�• 1 cx�t�/i �� � . ' �� � �C'"�/!�i,%^.�-t�4-'�✓C r--' �� �1 // r �' ' (<i✓�~ �`r �—'�i✓��" , `JYl t�->-,-. . r7� /l.�C�CJ" V r - � J" � �^� /" ; e ';. � ��—J�- � �.� . ✓✓' � ! . d✓ `, �//v •"t�� ��", � i • • � � . _� . !�Yl�r�l �f-� 'r�% �.-- 1 !�i�'�'- . -t Jc� -b .?��"..�� l 7 �,,,� � � �- — �...:.c� � ..�'� l``��-r— �/-- — .P �u-r- , � ��.:� � � � , � /' � � :, ;:i ,, , ,' . . , � ��('� G'-i� -'���.r/; �.�r-- ✓..�---�-� , ,�? '(�_'/I��' +��� � � r--� -- �� - r . I, �r,� �.� ' .���-� /if/—� -/`� G't. �`��J••� -yi,l�.�. ; ! � /� l/ % '� r, .-r'�'f.A .'.-�...J-�:�-✓ � . � ! � .� ,� .�� �S . .,,�_t�..v� ,_.�-.�' � � . �-� . . � � :� n�-u..�.�-,� �z, . �''��C� �L c��� - ; , ���� ��' ��' � � �� _ , _ .�� .._. � :!�j�i;..��7-- ���1. � , �,C,.�`..*�'_--, �',�,..i' �j - l .. • t�- � Ul 1 �'"r' ,.� .�'r' — � iJ�J��� ----. C' _ - ` � � l �'`� ��_' � /1� -,�� , - -'`�---�- � �1 � ; �;, � ���� �.. -- ���, � , v� �. i _ � r . —'�'" � � �'1- � � ' / , (, / ��( l ��i� t._ V `' . �'Y`...��.-,/ ! November 23, 1981 Eoard of Planning and Zoning � . 25 l';. 4th Street � �� St, Paul, Ninn. 55116 � Gentlemen: ''�e live at 2143 Pinehurst, one block from the proposed site of Rocafellas that the Board is discussing. �.'e v,�ish to state at this time that u�e have no objection to the opening of this business. ,`:e have tti:�o children and have visited another Rocafella operation v;ith � them. :':e found them to be clean, well supervised, and enjoyable. Those of us ��ho live on this block x�ere well av,�are v:�hen vae �urchased our houses that we were very close to a cc�mmercial area. Nost of the problems that have occured have been in establishments . that serve liquor and are not v:ell supervised. I would much prefer my children or anyone else ti��ho u�ants to use the games to go to a place that specializes only in this, rather than hanging around at Snyders � or any other place v�here they vrill only bother the people that are there on other business. Thank you for your attention. Sincerely, :� , � �4 ��' �'l: <<y�� �� � �-� c:-�c�c��. Ardyce and Larry Ehrllch /'��J . �'L'f � `t.�'/ � � %%� ��'���-; ,� i;.�y� ���c.�s�rv _ . � S ��i�-,� �,- 9ay �T ��'�� �'��f /-�f�/� -l' %/�/>v� f'���� Syr.�,L,o /'Lt.. � �C �� '�'/ ' ���r� ��� p�j�'✓ �-r�° or✓ /a/�s� �i;/�c �✓�i�/. //�!'./�1/� C�`c.�' � L� !�%% � � _ __ . _ _ : _ • , ' / ` 4 ' `. ../' �j � �. 1 , i ; J_J �� i,;�� ,� ";�!�z�`� < i `_ .� -��=�::,.� , . __ ' '1 C%�,�-t , �.�,�...�o./ �,� t ` ` /;: ' . ,r .l . �i•z/��� ✓���--�U'���(`` �_ G�—fi'—C/Z `%�C' /!-<_ �i.Z.2— .' �•'G-1 z — �J ✓ ✓ �' � � ;..�_.c�� J��.�,c ±�c..F,;-:.t-i � ��',�„�/L `�' `tt `� �"' // / /,�,� �?.2 ��j ��- � � /J l�`'\ .�: �.�� ?.! <�� ; � , (: J�-L.<. L.L�C� •"L L�L . � �"I��i�� C�% ♦ �.� � � . � v, �/� �. .�_ / �' �� //' L�. L.,r�L�r:_.-�-.V�,�_ � \ ..� /����--� J�i ./. /� � It� -�I�� �-G,.L.- '�✓�•-/'�� L .r��-- - / /� /� . '� �� �, �.,, �_�.-�s- C[.2 l�' -:� u-� •'���Z' �y�r c�� C`_�! . ��` / _ � .,� �L ,,/ _ v� ✓ j i f l J'L' j c% �i�"- c':G:-i z i �' r j , . — c;- � -� ��z �-�' ��—cu�J�/ , /� ' ' - t`/ �� /,, �!� ,'?�=—�/.�> ls—'!=(/f L•. � .�j_1—.'=� �t . ,�:�ti%� . �.,i.��: >,�yt�� ;� ;;� � , � � � � � ' c ��� . g /� �.,�_-,�-� �-L .-�rz.�.c� - ;�'�-�-`.0 c�i� �-�.: G :.t. . � � � �L �� r�..;/ • �. ) �/, �,�2���� _ L���-�a � a' _ • � L` ,i' I�'��L�. . ( � r [�'�-"�.--[."'%:2'�J.� •'� „i�, // , . i /•/ ;. /-/ y/ � ` / � =� � ,J i^ / // /���� ✓�i�ui�2- ����t r,� `"���u Z��// �! 2'-L-i /�'?iL�N � "���� L ✓ .. _/� / /' - �_i GLG! �"�C, l,� ,/�'�-Lc:..Z(���-t�' ; �"�.�L�2_�✓�-C'_ �•'t _.. .. — j j; ✓ / � " � /q� z���-'/ i�%GZ-G t.-�- � ,�__L..;y� Cr-..c�� h. � / " `- �� % �� ✓ �J � � /,��'� I;�.�'�.�'f�`�-=� :%r/..''.'./ � ( f� / I `A..-�/G�.1—�-a-��—c+�`"7 ,• ` ,// ` r\� �_ -�, f J �- ->:�� - � �:t_.�___.._ . , �. r� ,r��� . � r,,. , �� �,/� , � � � � , � ' � / _ �/.� � . .� t�-e ,--,% � � � ��l : . � , , /� c'-�'�'' . �%���G��' � ��� " . � ,..2� �i� . L _ ,.,2 ��� �� .:- _ �. . �� . _ � �/ . � :; /� �./����SG�='��(.,c-G��l/..` (P.f�' � G��r� / � . � / ` . � c/� e � �� . G �'� �/l C� _ _ {-c c�c� �, / � . � � . _ , , ..��1^ � . ; '�-� �. 'z�' . 1 � t w _ _ b _ � � .��.�2,� �{�� � tit-�( �c,ti d- Q. _ � ~ __ . � .�-�e -� � �-�� �-- . . � � _ _ _ �.� . ��� _ _ � �, �r _ - �� �� � �,� � _ ���� -U�.e�. ��— � � , �' l�1/i � - �.� - ����� � � ':. �. � ���� � - � � I � � , n (J' f' � �/�� �j ' ^ �� C � ' � j� , �1�'� %'� �--�'�Ci C�G'� .,C:•` � ^ '.-C.l _ , �C:C�, ' :..�°�G� � , � � f November 20, 1981 � Board of Planning � Zoning • 25 W. Fourth Street . � . City Hall Annex � �` ' St. Paul, MN 55102 . ' Dear Board Members: My wife and I have lived at 1692 Watson for many years. There have lieen many different businesses located on Ford Parkway and in the Village over the years, and the game room is just another kind of business. We don't see any reason � why they should not be allowed to run that business at that � location. - • Yours truly, �Cf� �1 GnCI�C 1 . � �ir. � Mrs. Leo Michael 1692 '�Tatson , . . ' ,. � �, I�ovember ] 8 , 1981 . � ' . Board of Planning � Zoning 25 W. 4th St. St. Paul , NIlV Dear Board Members , Please be advised that I support and approve of Rockafellas arcade located at 2155 Ford Parkway. I have lived at my present location, 261 Stonebridge Blvd. , for 25 years . I am familiar with both Rockafellas locations , and have visited the Highland store before it was closed. In my opinion, the � . store was professionally run and provided a good environment . for our young people to meet in. Yours truly, ^.. � '�,�t. ' ,�,f�,/_ �-�'�',,i� - � Louis hultz . , � . , y._: � .� �� r Tom Stern 1365 Sheldon St. Paul, �f:� 55108 November 24, 1931 _ Ais. Donna Daykin �. City Planning Department RE: Rutzick #9064 To lVhom it may Concern: I am writing to make known my support of the City Council decision to licence Rock-A-Fellas at 2155 Ford Parkway. Establishments like Rock- A-Fellas should not be singled out - - among all the entertainment establishments around town - - as not compatible with commercial areas where movie houses, fast food shops, and retail stores are already located. Our two oldest chil.dren - - Emilie (11) and Charlie (10) - - and their friends frequently go to Rock-A-Fellas on Larpenteur Avenue, sometimes with my wife or I, sometimes without us. We all enjoy the electronic and video games. It's a clean, well-run place, one of the nicest arcades I've ever been in. � Don't make the mistake already made by Ron Maddox and try to dictate how • people choose to entertain themselves. �Let people make their own choices. Sincerely, r lY�r'It�`,�" l-�"t'1�`'� . I ;� .... .._ .` . . . . � ;�v "O O O O 000 � 00 � 0000 O �JO00 ,.,0 000�0 O' r: . � � ; ; , � : h .� ' �,� �.. � � _ r _ :_ ,T . � -a ' ' � ' �� -�,. � r � � I I I � I 1 � ? �`J � I � � � ' �, o a � o 0 0 0 0� d b �o b. o o : .� m�b io � o�o �o 0 0�� � �_ _ _ .—H �-6.-�-�-� . - ,, ��- � p- 15 7 . o . � � ,0000 000000 � 0 000o aoj k� io� � o o� p �o c ►�; _ i i � � � I I f I I i _ ` ii�_ - . L ' ; . , ,; ��� � 1 1 1 � � � I ( � '' ��--- � o o�o� b �o� b ! oi b o 0 0 �� o 0 0 0�0 0 0 0 0 ¢ � -o- � _ , i `� =-=�-� INEHURST Z �O _._ 7 1 0 , 0000 � 000 — 00000i i� 00000� p o I � - I � � � , , , � � z , I W �. :_ . . , z . . � ° '°:.. "e. :x. ♦-� •'.�^''r!.-n•y.rt., .;.,-:;...:-.: - 4M-']�R...;:�..- `'�"1:ys� _ ��r � -.. ,. ....i,�. » �. �"r' -.e� ._-,- =--ti�. ' ""�r'"h�":ii�i.te+�w+T � - ' I � ' ♦ -- � i ' � ('- _ � v � ( L , � I I A � � � • L F � '-.. I , �D , � . � �; , ' , I , i � ' � � . � � � . . _FORD � .. . • • 1� d . , . , ., ..� . ._._ . ... _. _ . . . . , , .� �_ � �. a , �: 4 . ; .� , � � . . , ! F 0 R O M O T O R C O M P A N Y P R 0 P E R T Y � �I� \ ._._ � � AREA NiAP APPLICANT � rr Ru��-ic�'C �EGEND --- ZONING DISTRICT BOUNDARY � �%///a SUBJECT PROPERTY PURPOSE S � a d���t� ' nL O OtJE FAMILY PLANNfNG 2. 1"" r►'�►�T � DJSTRICT TWO FAMI�Y FILE N0. �033 I� N �! . S^ 9g ��' � M+ULTIPLE FAMILY DAT t � � � n COt�MERCIAL , SCALE � I" = 200� NORTH � '°� � itsDUSTRIAL . nr,aP rvo. - " - - - - 1i lf� /� I1f�,tT �!� - . ` 4 � , � . . 6 . ' . . . ' . . * . . + � � �8128 , , . . . , � , , Dacember 16� 1�81 1 . . . . . . . . . . / . Mr. Paul D�ach , . _ _ Dep�. cE Fi�nc� and Maaages�nt Sarvic�� Room Z18; City �a11 � . Dear Sirs- . � O�a,'Dac�b�t 1Qth I aotified �rou that the Ciiy Coux�cil s�t a dsta of haaring fo/r Jaauary 4th, 1982 at�7s30 P.M, at the Horue Mann 6ymnasiemi �t 3001 � F.�,eaaor to considar th� app�st of Piuehurst Aru t�ighbora As�ociation `, ` to a dacfsion of the Board of Zoning Appials Mhich granted an appeal to �tark Rt�taick at 2163 Ford ParkWay. kt ths City Cout�c31 Msatiag on Tueaday, •naqeetbar 15th the City. Council adopted • motion to ctuwge ths plua of � tha;b�aring to tha C1ty Couacil Chambers at the same time as�d on tha se�ee daCe. Would yeu please correct your notices�to�prop�ity o�aea tc cor�cespo�d w!,'th this actioa. . ' , Very trulp yours. � I � . . % . ' , �' � Albert B. Oleon � " ' City Clezk , , , . , - l cc,� �la�ing 3taff� Zaning 3�ctioa , , ' ' , I i flowing �ud Bu3lding Cod� Bnfosc.as�nt ;Office , . , , Liceuu Bureau_ ' � . , . _; AB4/sch � � . , .� � � ; '�� � �. , � . .. . .. . . . . _ ' . � %' ��/� �' � . ., , , ' i � , . , , . �. . , � , • _ , , . _ Decaeibar 10, 1981':� + ; . � : . , � , � � i - � ; , � , � � Mr: Paul Dasch , , � . �Aept. ,of Finenc� . �bo�a 2�8, City Hall � . � - - D�ar 3i�xs _ , � _ � Tha Cit� Couac#.1 eet a c�ate of haari.ng �ot Jatwary 4, 1g8� at 7t30 Y.M. at tha..H�racs 13snn Gy�u�6� st 200I Elaaorr to coasider th+e appeal of � Piaeta�x'st ,Area -1�ieighbota As�roci�stion to ,4 dtcision o� ttie Bo+��t of Zoning � � �4P�?�ir� ah�ch �rsutad a�► sppaal 'to Mark l�tsick at 2163 Ford Yarkwty. ;Kill you plass� ssnd noticras to proPerty owiura as raQuired b�r laiF. Atts�hed'� is a eoPY of the appsal Mhi.ch�i�nclwla� t� namas a� the appellauts. , T1�a City Council alen sgreed tbat a public h�aring oa the appli�ation !or a ' �- . ga�s roon licsa�e st tha saar location �tould be hsld at tbe saan ti�e and at tha �aa�e lacatiaxt. . , , . Va�y trulp �ss, � � _ � y /, , /`; l�l��il11't B• ��SOII . \ / ���I C�!!�[ , i� `F` Attach. _ , .; � cc: Pla�uing Sta€f—Zon�ag 5eetioss ' , ,; , ,.<' flou��ng. b•iBuildl.ng Cade �nlarca�aElt @f�ids "' - . , �, Lic�sa Buxeau ' �;: � .. :� �� 'A�/�ch ? � ' . : ; � � ,, � . . _ . ,. , . , • � � - � : , � , � i � ., ' I l� C' , December 7 , 1981 ��T� � � �"_ City Clerk City of Saint Paul ��•� 386 City Hall Saint Paul , Minnesota 55102 Dear Sir, We appeal to the City Council the decision of the Board of Zoning Appeals on November 24 , 1981 whereby Mark Rutzick , applicant , was granted a special condition use permit with modification to operate a game room at 2163 Ford Parkway, St . Paul . The filing fee of $50 . 00 is enclosed . The grounds for apr�eal are as follows : l . The proposed use is within 100 feet of residential lots . In fact , it is within 50 feet of residential lots in an adjacent residential district. 2 . The failure to grant the special condition use permit with modification will not result in exceptional undue hardship to the owner of 2163 Ford Parkway. 3 . The modification requested will impair the intent and purpose of the special condition specified in the Saint Paul Zoning Code , section 60. 534 . (3 ) . 4 . The proposed use is inconsistent with the health , morals and general welfare of the cemmunity . 5 . The proposed use is inconsistent with the reasonable enjoyment of adjacent residential property . 6 . The proposed use will diminish or impair established property values within the surrounding area . 7 . The proposed use will impair the public health , safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul , particularly the inhabitants of the adjacent residential district . We understand that a game room license application for this pro- posed establishment is scheduled to be heard before the City Council at 10 : 00 AM. on December 15 , 1981 . Would you be so kind as to notify John or Lydia Haugen. of 2142 Pinehurst Ave . , St . Paul , D4innesota 55116 , as to whether the City Council will reschedule the license hearing. The Haugens ' phone number is 699-2880 . Yours Truly, Pinehu st Area Neighbors Association c��yo� �,� u,�-- �7a�,�, ff�� EN �.�y Z ��u�� A�� sn�� �../' �.d � ez ��-� . �y. y /�,/^�! , ,l C: � f� . f�.r L/ x~y,rM!' le•�. December 7 , 1981 City Clerk Page 2 _ � � ., , 6` 6 �%�6 � .� �c ��� �� �:� ,�: �� ��_ . , � , i �� � �� ::��_�_.,� � ��-�z � �: �..��� � ; , '���.. 2 6 7 � 1�C h��1� S� ���--S /� -���n-z� �0 2 (, g ���f�.�— -.:�? _ � ,e.�LG�r �S d �3 v r � �O 9���Y� r - � -l'fD--3�5�� �. • � p � � ' (o �1�r0��'� ', �� ' �y Z- �J c � � m � � UlCS � 0"�l D-�' • S- . (v t'�� ., - � D�s � "Da� . . , � ,� . � a3/3o �� � � � � � �" �f �5�1� , � �� � ` ��/-�d�3 Z �� ' ��� -rB�Z � Zo q� ��a.,t�,e.�v,a+- . � �� � � � �-�o� ��► �. � � � i��� ��a _ �T� i �i -���-- . .. z � � �I7� � i � , L�-�� �.���-� D — yr g 5�i � � � -�8�� - ' � 2��% . r r �/�}� /d.i� � 1 .�(�. I . .� r � ` December 7 , 1981 � City Clerk Page 4 �/�� ,�E � i-- . �': � - �O 1 � ; ; �( 0 � ' ��� a.�, � Z. 3 n � _- � � ,��. - ��� a�z �.� � Q . " �� z4- C�' ' �� . a ,5� � . t`�"7tJ�4�vtJ� 1� /�Il�i��� � -� ,a r �, —�C � ,�"�}� �-�'�j,? �j�;� , (� .3 �� �t.�Uc.;>_ `Yy� �� + � � /�� - �?-��z.� � r'v�`.,G�, � 'z- - d. ' �3 ,.�� y � ti„�..1� -- -,,� ` �-� �� S f-'�/ PANA:mv Enc . cc/Council President Ruby Hunt Councilman Leonard Levine Councilman Ronald Maddox Councilman Gecrge McMahon Councilwoman Joanne Showalter Councilman Victor Tedesco Councilman William Wilson Mayor George Latimer ��� .5 �. P14� � C � � � G � ��� C��... ��t��r/.� �' �u ��.�e � � � � � � � � oTec� - � � �.�� �� �� ���� . District Planning Council ��15 F I L E N 0. X9033 Dear Property Owner: PA G E PU R PO SE To consider the appeal of the Pinehurst Area Neighbors Assn. of a B-2 (Community Business District) decision on November 24, 1981, to allow Mark Rutzick a special condition use with modification to operate a game room at 2163 Ford Parkway. L�����Q� 2163 Ford Parkway (N.S. Ford Pkwy. between Cretin and Finn). Lot 19, Block 8, St. Catherine Park P E�'1 T t0 i�E� pinehurst Area Neighbors Association H�A R 1 N G Monday, January 4, 19$2, 7:30 p.m. City Council Chambers, 3rd Floor City Hall - Court House Q V�S 1 1 O�S Zoning 2 98-4154 _ Contact the Zoning Section of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, riinnesota 55102 - - Notice sent December 18, 19R1, by the Valuation and Assessment Division Department of Finance and Management Services ' Room 218 City Hall - Court House .. St. Paul, Minnesota 55102 'V w � 5 �/�,�� SPECIAL MEETING NOTICE December 29, 1981 Albert B. Olson, City Clerk 386 City Hall St. Paul, P4innesota Dear A1: Please be notified that I have called a special meeting of the City Council for Monday, January 4th, 1982 at 7:30 P.P�, in the City Council Chambers to consider the appeal of the Pinehurst Area Neighbors Association to a decision of the Board of Zoninp; Appeals granting a per- mit to Mark Rutzick to operate a game room at 2163 Ford Parkway. Counci �resident We, the undersigned Councilmen, do hereby waive written notice requirements for a special meetin� of the City Council on PZonday, January 4th, 1982, at 7:30 P.M. in the City Council Chambers, for reasons stated above. �-� . ' . �� � v ' � � �r����?� T0: MEMBERS OF THE SAINT PAUL CITY COUNCIL RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. • 2163 FORD PARKWAY ST. PAUL, MINNESOTA WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GA.^� ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT THAT LOCATION AND WISH TO SEE IT CONTINUE TO OPERATE. NAME ADDRESS AGE - _ � �j� � ,,(/ P� � yl Z 4'�Y�-r�:��_�I�r� �S � be�+��. � �g�� �ir.�'�.:—�° �✓'� � '� n, , � '' G���� ,1���� �1��'�l � 1���a I� �.. � � TO: MEMBERS OF THE SAINT PAUL CITY COUNCIL � RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. 2163 FORD PARKWAY ST. PAUL, MINNESOTA WE, T'tIE 1JItiDERSIGNED; ARE Ft�u'�!�'LIAR WITH THE ROC-A-FELLAS GAME ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT THAT LOCATION �ivi�,W'TSH TO SEE IT CONTINUE TO OPERATE. • } NAME ADDRESS AGE � L 1/i�t �: . ��,, , ��0,�,�--- 7..�..� ���.�= -.�� ,�. ► 2 �D � , � � �r� � ,�- � : �,�c� °1 qQl � � � � `� ' ��'� 7 '�� �,�- �S $-�3 . � �- ,g�t ��� st���-P � :� � , - - � �r`�� �.Z� l ��w��,,� S� ��— ; � T0: MEMBERS OF THE SAINT PAUL CITY COUNCIL r ��J RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. 2163 FORD PARKWAY ST. PAUL, MINNESOTA WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GAME ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT TIi�i"f LOCATION AND WISH TO SEE IT CONTINUE TO OPERATE. NAME ADDRESS AGE 1�,�,7�v5 ��r6r�. � � C �� � � . Yh ��-�� � � " •Tr � y� r 1� �� �z�.��� !� � r i����� ^ ��� Z�3.� .�� C�/` � � /� . � �S� - l� - � L1 � -� � � � � - .c.C� �6 a _ �:,r�� 37.� �o. �+�.,�,�.,�-�/, L 9a,c.�°`_ . I��QQ.�-�s�� � rn c���ca�m%► r.�- 1� .� � __ , , o� � �'����-' U � T0: �iI:Mf3ERS OF THE SAINT PAUL CI�° COWCIL RE: ZUNING APPEAL HEARING - JAIVUARY 4, 1982 RUC-A-FELLAS, INC. 2163 FORD PARKWAY ST. PAUL, MINNESOTA -`� "�?E, THE UNDERSIGNED, ARE FAMTT IAR WITH "'HE ROC-A-F'T��.:�AS �,�.�� �nn�; q�� ?`.63 r^^v:L: I'•AiZK�.tiAY IN SAIN;' PAi1L. WE ENJOY HAVING AN aRCADE AT THAT' T.00ATION AND WISH TO SEE IT CONTINUE TO OPERATE. NAME ADDRESS AGE ��� ��-��' �.Z�� ���e� _.��__ , rn`��-�� _ I'�I`�"� �.,�C�.��_ � _ ' ., ..�`- --� -_. -�,f 4 , ~�� -�-�-� �` +' , ''a � � ` .'� ��.,_.�.��4.��.._ ___�._ _.._� \ � ._.�_. �p\ V "{ J� �r' (." ° ��+'.�TV�.r�,`� C�`�V�.��. 1 i '1 �\ad�� .,'�_L�� �J . ��` �_ � �� � �� � � _. _� __ � � ������ �t_ • � r i�� � ���'�� '��-��-�--� � >> 5� �- � S.��� - —T � f'. � n _��. , �_� -r '� �';�� � � � , ! � � ' _�!L�. �- Lj `� �� `�i r -~ }--i � r '� '"' ,.,. � � � ��� ( E' � �� ���'� � �- / �T-� � ,i " . . � ^Z ; r; '[ �..-��U ( .. `�'`� ' �� � �- U f �°3 �`'"� a'� � - 1 �. , . , , ,, � �2��� �C/-'�'c� �� t ' � ����' $ �� � ; ` — li �. , , � C�� � � ���_:���-��..��:�`��.�,� y ���� � Q � � �� ; ���, .� ; _� . ��� � ��� ������ r� -� � ,- ��; � �� �� � � U � �'�--� .��..�; I � ��� � �� �a� �� 5��c� �� � �3 ��t� � �y� �������� ��� � � �C�... � `�� � c�.�,Q�'� / '�/� Gc�'� �C..-�. . � �' � � � �o � I Gt���r �, ,�, F� ,� � , � '� ;,� �f �, �.c:�.�-' � ���`; ���t�.�;�'.�.�� C�.�t.. . � � � � . . _� r �-�. � �'e�'�-�-� � �. 7� .� �� �r��.., - � � , ) .� ��� �r � ...� f � ' �` � �,���- ° ��� -' � J L�/j � '� � . � _ � ��/� !Y/ V G' T0: MEMBERS OF THE SAINT PAUL CITY COUNCIL � RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. 2163 FORD PARKWAY ST. PAUL, MINNESOTA WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GA.*�fE ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT THAT LOCATIOiv 1-uVD WISH TO SEE IT CONTINUE TO OPERATE. NAME ADDRESS AGE ��--��.�----� � �15��6��rtc�, �� ���. 17�G STA�ho�� � --� � �1 ���� ��Q 1�.� . ' 1� � -� . � �� �� � �� �� ^ � �-�, �3�. ��+��2'.�(� � � ` 12,Z 7�e-I�-�� .� �n ��.�.-��� l� ._ � ��� �ro��t'A � �� � ? ��/� � �� ° r�� � �� i � � . ^ ��s�� _ �� S�%t�.� �/d��-/a��c� l� . i 5 � � �� � ��� l� _ � � � � � � � �, I� C� 1,PJ�..� �� 1�U r c.e,� ��,� � � ,�''� � �. � �(—� �---- i�__- ' ��_ T0: MEMBERS OF THE SAINT PAUL CITY COUNCIL C� RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. ` 2163 FORD PARKWAY ST. PAITL, MINNESOTA - - WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GAME ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE _ AT THAT LOCATION AND WISH TO SEE IT CONTINUE TO OPERATE. NAME ADDRESS AGE �19tQ ��..�..J l� a�a4 ��c�,��d 1 ' ,� � _ �LZ � � �� ��� � � � ���� /��G� C2 1��� 1������ �� � ��r�a � ��h � � ���-����►��1�L____ ,�� � `��,�l�� �� a ���v� l . . I �.�"� n� sN� � `7 � �4 5, ��X� f�h 1� �� � � �� � � P 1, � � , � �� a. � ,P' � _ � �.�� s �� . , � �� ��]� R����55 �1 � l= _ � ��� �� - � � � ��. __ ` � � 1.3 � � S!3 G�NT �uc __ � � !c� � - � - �:�� � _ � � -- ���� � � ��►^ 1��� __ � � `���1 S�-1 5 5, �s� ���1 _�� — , _ _ _ _ __ � , � . ___ 1� _ � - / 5`G/ w�/� ._..._. _. l 5 . �3�i /-- ./� /ti..�_ �✓ , I -� ---__ ,�,,� _ /��/ w�.��-�zo� 1� ____ � � r . �/[DiLvB/ L7�.� � t�/,✓ _. . ........_.. � ` �O � /�����y • �_ • � �� � �!� / � � � � �-' � � a, 9 �`c�o �- � ,�,�l€� � 1 lt � � ;A +—�—�p �` � � ����� T0: MEi�IBERS OF THE SAINT PAUL CITY COUNCIL RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. 2163 FORD PARKWAY �:�� ,�, ST. PAUL, MINNESOTA �� � WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GAME ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVIidG A��T ARCADE AT THAT LOCATION AND WISH TO SEE IT Ct�iv i iIdET� TO OPERATE. NAME ADDRESS AGE �e.a.� c.�►�V.�A`�N� oZ30 ����(rCLnV��C' aS r.PrS,r•+� � sc�os S�'�J-2 sC�..?'�tif�a,r �h_.�`n'1��;�l l� _ -�-�-- --�s�� � �.,, r l __�c�, ��—� 4S( �y,c. �c� �Sr �c:�.l.�c�:.-�--- --�--v�--� �-�-- �a C� �' � - � ,� �,����1� �� c�� l� ` ������� ����n< <�G�S� �� � �`�. �'�,,L�_._ Y j��� �/r�vy s d j� � ..- � 'l c� �.��-- �.�4��5 . G r�r►�� Aut� �. S— .� � �. Q s;��.�sN�`'.,�',��` ���' � .�m .,� ,� ` , _ �,f-�T �_, � --�� /,Z. -�� / , �' � 2 �I o�,ICs ��� �?f7� fi�/(41�C/-��'�/� ���' ��� ��L�� � _ _ .� �,� ~ � .�-,-- ='o� �� � , ' �'i�h �� ,����- /� 7.� ��tc��n.. � `� 1 , � � '�1 f ��'���� �`J T0: MEMBERS OF THE SAINT PAUL CITY COUNCIL RE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. � 2163 FORD PARKWAY ��/ ST. PAUL, MINNESOTA �' \� � i. V�` WE, THE UNDERSIGNED, ARE �'AMILIAR WITH THE ROC-A-FELLAS GA.*� ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT THAT LOCATION AND WISH TO SEE II LOivZINUE TO OPERATE. NAME ADDRE S S AGE G�7 G fl��e h 3 � '�%�'_ 3� �V, r.U���f,i2 � �g �'�G����J a� , I 'IZ Q to�ks � _ �/ �� ?�0 �'1'I/�Ue�3 a,Wa � � � , ��f 7 L~����� �� �G,;,,�c� f� C' �/�-�o r� �p�p K ��7 0�o _ T ♦ �. _...._.���/ (rL�. ��' `°• /�1 � i / /<< 16N� - ��� � ' 1 �% �� r( �- l��-� �1� � �l� �-5����� 3 � __�_____ t ��--- l� ►o /��� �� . . r T 4,:W.,. i/,/ {/� \ � 1 C�., `���(�� �e� �� r�,�:�.y r, � � C � �-7�,� � ,� i� �,,< <c v �.� . 1 i � �� �e � � �J � �'r -�S ' �G'E � � �t � �"'�ff��,� �le� �l a-U ttJoC�S-�-�Gr �°� �`C-�,�� c�-� r,- . ,_ �[.0 G Vi � �� f � ,� / I.s'2 y ���.�� �s'. 2� : � � � � � , � , _, ,�, _�l; � , � � ,�� L ; ; , ��� �� � ��� i��r� - ���f ��? , .___ �� r� ,� � a� � ��� ��f J �V� ..- � ` � , ' ; . , ` .� ��'�- _ � � � � �-� —�-- , , � `� i�� (�V' a.{;� -� ��G� ��G) j�j � z � �� �_"_,. � �� � �� �-v� �- � � 3� �� .� q _ , , �. � ���� ���� � _ /� - � � L �`� � �� � �� �% / � �� � - 6 �3 � �a � � ,-� �� � � , � � i /4-2� � i���a . 2 � _ -� - - / .32____. � , - � .. � +y���� ��. j �� � fi0: �MBERS OF THE SAINT PAUL CITY COU�TCIL ORE: ZONING APPEAL HEARING - JANUARY 4, 1982 ROC-A-FELLAS, INC. 2163 FORD PARKWAY ST. PAUL, MINNESOTA WE, THE UNDERSIGNED, ARE FAMILIAR WITH THE ROC-A-FELLAS GAME ROOM AT 2163 FORD PARKWAY IN SAINT PAUL. WE ENJOY HAVING AN ARCADE AT THAT LOCATION AivB wl�ti TO SEE IT CONTINUE TO OPERATE. � NAME ADDRESS AGE _ (��. ��t�- �Z � . � �� �,� ������� i�� 7� �ee�Gt�%��' C�. J � r_� � � � . ` .�� � � �.- � 2 i g �'4'o-+-i � � _ � ' �1 � ��� `-i ��' 1 � i � �� ��i -�1� . � .. ��'�1 . ---_.�.. �-_� � � ��� � ,c►�� � 7/� �� G,� �� �°E- �,,,,.�,---_ , - -�-1 . � ���� � � � � , �`�� 1 � ��.� ��r�.� �� � 1 t�� � _ ,� - � � � (° \ _' � , .�� . --, . :� _ 1 - f: , .�_ __ ; . , : � , f , . g � �. � �- i 6 �U�--