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00-558Council File # 0 O � �d�Y Green Sheet # � � 3- °t 7 �Y RESOLUTION CITY OF Presented By Referred To Committee: Date 2 WHEREAS, Pong Yun Kim, in Zoning File 00-117-484, made application to the Saint 3 Paul Planning Commission (hereinafter "Commission") for a Special Condition LTse Permit 4 pursuant to the provisions of the Saint Paul Zoning Code for property com�nonly known as 681 5 North Snelling Avenue and legally described as Lot 2, Block 2, Hopkins Second Addition to St. 6 Paul; and 7 8 WHEREAS, the Commission's Zoning Committee conducted a public hearing on the 9 said application on February 17, 2000, after having provided notice to affected property owners 10 and submitted its recommendation to deny the application to the Commission. The Commission, 11 on February 25, 2000, moved to deny the application based upon the following findings and 12 conclusions as set forth in Resolution No. 00-16: 13 14 1. T'he applicant proposes to lease the vacant property for the purpose of establishing a nine 15 table billiard hall. Previously, the building was used as a martial arts school. The 16 applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No 17 alcohol would be served. The applicant has secured a parking lease agreement from a 18 nearby oil changing business that would allow billiazd hall patrons to pazk at its facility. 19 20 21 22 23 24 25 26 a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. 27 28 This condition is met. The recently completed Hamline Midway Community Plan 29 does not recommend any specific changes to this particular commercial area. The 30 plan does recommend specific strategies applicable to the entire connmunity for 31 strengthening relationships between businesses and residents and reducing conflicts 32 over parking in commercial areas. 33 34 35 36 37 38 2. Section 64300(d) of the zoning code requires that before the pianning commission may grant approval of a principal use subject to special conditions, the commission shall find that: b. The use wi11 provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use will require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil PAUL, MINNESOTA �d ss� 2 changing business. The lease agreement, however, is insufficient. The lease lacks a 3 specific reference to the number of parking spaces that will be leased, and also lacks a 4 site plan that identifies the location of the leased parking spaces. 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiazd hall patrons. The distance between the leased pazking site and the billiard hali is approximately 250 feet and billiazd hall patrons would haue to eross Snelling Avenue at an unsignalized intersection. With the lack of pro�xnate off street parking within the immediate azea, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Sneiling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The proposed biliiard hall is a compatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha1P s Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding property in this B-2 district is fully developed. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is tocated. Except far the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condirion use in a B-2 dish subject to the following condition. "Bowling alley, billiazd hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recrearion when located at least one hundred(100) feet from any front, rear ar side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiazd hall building to the sideyard of a single family residence in a R-4 district is 75 feet. While the applicant has secured a statement from the same residenrial properiy owner who states he is in favor of the billiard hall and has no concerns relative to the billiard hall's proximity to his property, modification of the 100 foot distance condition would not protect future residential property owners and tenants from tkais type of use. -2- �d �� 2 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Plauning 3 Commissaon denies the special condition use permit for a billiazd hall at 681 N. 4 Snelling Avenue. 6 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Pong Yun 7 Kim on March 17, 2000, duly filed an appeal from the deternunation made by the Commission 8 and requested a hearing before the City Council for the purposes of considering the actions taken 9 by the said Commission; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, acting putsuant to Saint Paul Zoning Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City Council on April 12, 2000, where all interested parties were given an oppomuiity to be heard; and WHEREAS, the Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission; DOES HEREBY RE50LVE to reverse the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. Acting pursuant to Legislative Code § 64.207 and recognizing that the proposed billiard hall meets four of the five required findings under Legislative Code § 64300(d), the Council finds that with the imposition of appropriate conditions the proposed billiard hail can provide ample pazking which can minimize automobile traffic congestion and thereby enable the billiard hall to comply with all the conditions under Legislative Code § 64300(d). The Councii finds that patrons using adjacent, on-street pazking will utilize the proposed billiard hali primarily during hours which are different from the operating hours of other businesses near the proposed billiard hall. The Councii fiuther finds that the operators of the proposed use have secured a lease for ten (10) off-street parking spaces at 650 North Snelling Avenue to serve the proposed billiard hall. 2. Although the proposed billiard hall lies within the required distance sepazation setback set forth in Legislative Code § 60.534(3) for billiard halls and residential uses in B-2 zoning districts, the Council finds that the applicant has secured a statement from the owner of the residentiai property at 1594 Van Buren indicating that the residential property owner is in fauor of the proposed use. The Council notes that the applicant's attorne� has indicated the applicanYs willingness to record a declaration of a modification of the separarion requirement in arder to give any subsequent prospecrive owners of the property at 1594 Van Buren notice of the existence of a separarion setback modification. The Council therefore finds that granting a modification of the separation requirement in Legislative Code § 60.534(3), as provided for in Legislative Code § 64.300(fl(1), will not impair the intent and purpose or be otherwise inconsistent with the general goals of the City's zoning ordinances. -3- Oa-ss� 2 AND, BE IT FURTHER, RESOLVED, that the appeal of Pong Yun Kim from the 3 decision of the Planning Commission denying his request for a special condition use permit and 4 modification of special permit conditions is hereby granted subject to the following condirions: 6 1. That exterior lighting is installed for the billiazd hall's rear parldng lot. The lighting 7 fixtures shall be the "cut off' style which shall not iiluminate or otherwise cast light into adjacent 8 residential properry. 10 2. That the rear pazking lot of the billiard hall shall be restricted to staff only and shall have 11 12 13 14 15 16 17 18 19 20 21 22 signage stating the restricrion. 3. That the special condition use permit shall be revokable, subject to the provisions of Legislative Code § 64300(h)(2), in the event the lease for ten (10) paridng spaces at 650 North 5nelling Avenue is canceled, teiminated, modified or otherwise not renewed or replaced with 10 off-street parking spaces within 300 feet of the billiard hall. 4. That the special condition use permit shall expire with the tennanation of tlus business, under this ownership. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pong Yun Kim, the Zoning Aduiinistrator and the Planning Commission. Requested by Department of: 9y: Form Approved by City Attorney By: 8,.: � � �� -- / �� yy � ApprOVed by MayoY: Ddte ��L( _(�.E.i/ By: Approved by Mayor for Subsission to Council ay: Adopted by Council: Date ��c""F� Adoption Certified by Counci 5ecretary JO- S�� City Council �„��„m 7une 7, 2000 GREEN SHEET No 1 �4� 3!�8 ., :.-i 7une 7, 2000 �� ao�nxc orto� TOTAL # OF SIGNATURE PAGES �.,�,��.� � m.,,,,� ❑ �� _ � wuxa.�,�u�s m� � A,.�r,u.,�m.a.� ❑ wvaiprtwsru�n ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action granting the appeal, with conditions, of Mr. Pong Yun Kim to a decision of the Planning Commission denying him a special condition use permit for a billiard hall at 681 North Snelling Avenue. � PLANNlNG CAMMISSION CIB CAMMIITEE CIVII. SERVICE COMMISSION� SOURCE rlas mis pewoNfinn erer Nwlwa under a cwitrad ro. mis departmenn YES NO Has mis oeisaMrm ever been a dty empbyee? . YES NO Does Mis pereonlfirm posseas a sldl� not �wrmalrypossesseE bY any curteM dry emPloycel YES NO k ttiis pereorJGrtn a targeted ventloR YES NO a- COSTRtEVENUEBUD6ETED(qRCLEONk7 ACTNtTYNUMBER YEE NO DEPARTMENT OF PLANNING & ECONOMIC DEVELAPMENT 00-558 �ty crrY oF s�rr PAU� Norm Coleman, Mayor Mazch 24, 2000 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Zhvt.non ofPtanning 25 WestFourth Sbeet SaintPauZ MNSSIO2 Telephone: 612-2666565 Facsimile: 612-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday April 12, 2000 for the purpose of considering Mr. Pong Yun Kim's appeal of a Plumnig Commission decision denying him a special condition use pernut for a billiard hall at 681 North Sneliing. Applicant: Pong Yun Kim File Number: dF69�i�d8�4 # oQ " �a �' 93 G Purpose: Appeal of a Plazming Commission decision denying a speclal condition use pemut application for a billiard hall. Address: 681 North Snelling Legal Description See file. of Property: Previous Action: Plamung Commission Recommendation: Denial, vote: 11-4, Mazch 24, 2000. Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000. My understanding is that tkns public heariug request will appear on the agenda for the April 12, 2000 City Council meetntg and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. Sittcerely, �� a�i✓��/d � ames Zdo� City Plann r cc: File #00-117-484 Paul Dubruiel Cazol Martineau Allan Torstenson , �.�. _ NOTICEOFPDSidCfmwanvG The Saint Pau1 GYty Councitwill conduct -a publlc hearfng on Sf(ednesday, APril 12, 2000, ai 5.89 p.m. in the G�ty Councll Chambers, Third Flooi, City, Hall, to conaidu_the appeal of Mr. Pong Yun Kim W a decision of the Planning Commission denying hiin a sPecial conditlon use permit for a billiard hall at 681 Alorth Snelling Avenue. Dated March 29, ?A00 � . xnNCYAPIDERSOPI � - , A¢¢tatant`C11}'CoundlSCCietari' _ � - (FIar.31} _----'�Q,.'�PAOLIEfraSLIEDGER � G � �SL� � `°°�.'i5 �� {9��.F DEP.�IRTMENT OF PLAi�1�I�G & ECONO.�fIC DEVELAPMENT � � CTTY OF SAIN'T PAUL Norm Coteman, Mayor March 29, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #00-121-936 City Council Hearing: Pong Yun Kim De,esron ofrm,mtng 25 GtiessFossrth Snee[ SamtPauC MN55102 00-$58 7etephone: 612-266-6�6� Facsimi(e: 612-228-3313 April 12, 2000, 5:30 p,m. to 630 p.m., City Council Chambers PURPOSE: Appeal a plannuag commission decision denying a special condition use pemut for a billiard hall at 681 North Snelling PLANNING COMMIS5ION RECOMMENDATION: Deny, vote: Unanimous � ZONING COMMTTTEE RECOMMENDATION: Deny vote: �- 0. STAFF RECOMMENDATION: Deny SUPPORT. One resident spoke in favor ofthe permit. OPPOSITION: One resident spoke against the permit. DISTRICT COIJNCIL: The Hamline Midway Coalition's Executive Committee chose not to take a position on the SCUP application. Dear Ms. Anderson: This appeal is scheduled to be heard by the City Council on April 12, 2000. Please noUfy Allan Torstenson (266-6579) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sancerely, %/ ; � -. ` ��f��: � James Zdon City Planner cc City Council members Allan Torstenson � APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section II00 Ciry Hall Annez 25 Wut Fourth Street Saint Paul, MN SSIO2 266-6589 APPELLANT I Name Pong Yun Kim AddfeSS 684 Snelling Avenue North Cj{� St. PauZ S{, � ZiP 55104 Dayfime phone 651/644-20E PROPERTY I Zoning File Name Pon�'s ailliards ��-� ) LOCATION ,yddress/Location 681 Snelling Avenue North TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais � City Councii under the provisions of Chapter 64, Section 300 , Paragraph (d) ando�l'he Zoning Code, to appeat a decision made by the PlanninQ Commission o� February 25, 2000 ,�_ File number: 00-117-484 (date of decision) GROUNDS FOR APPEAL: Expiain why you fee! there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Rppe2ls or the Planning Comm:ssion. See attached letter. � I !-� � iC . C � - � 2 �75 � s C� Att ach additional sheet if necessary) � � Applicant's signature�7'`�v-��; Date� City agent_�,,�� C7o- 558 _ , i' . � G H A R T E R E D 470 Pillsbury Cencer 20D Souch Sixch $treec Nlinneapolis M� 55402 (612) 337-9300 celephone (612) 337-9310 faz hap:lhvww.ken nedy-giaven. com KARE� R. COLF. AKOme� a: L�� DirectDial(6L) �3' `>'i' Er,•ail kwte�keanedy-m�en.<om. March 17, 2000 St. Paui City Council City of St. Paul 1100 Ciry Hall Annex 25 West Fourth Street St. Paul, MN 55102 Dear City Council Members: � Pong Y. Kim and Sunny Kim appeal from the planning commission resolution denying their request for a special condition use permit to operate a Korean recreation center at a storefront that is now vacant at 681 North Snelling Avenue. The center will feahire billiard tables of a type that is prefen by Koreans. The recreation center will be across the street from a successfiil Korean restaurant the Kims have operated for five years. The Kims propose to open a family-oriented business that will mesh well with the five existing Korean-owned businesses on the block. The recreation center will heip promote a sense of eomnninity amon� the Korean Ameiicans who will come to the block for meals, for �roceries and for companionship. The plannin� commission reco�ized that the recreation center is compatibie �vith the St. Paiil Comprehensive Plan and with the Hamline Midway Community Piau. The planning commission also recognized that the recreation center would noC be detrimental to the e�istin� character of the neighborhood. In fact, the use will strengthen the existing businesses in the nzi�hborhood. The planning commission resolution also noted that there would be "murimal impact upon residential properties" as lon� as the Snelling Avenue entrance is the sole entrance for customers. The Kims are anxious to be good nei�hbors, and have committed to using only the front entrance to reduce any inipacts on neighboring properties. The plannina commission also conciuded that the recreation centei wotild not impede the normal and orderly de�'elopment and impro� emznt of the surroundin� property. The planning commission resolution does note t�vo concems. lxi e belie� e, ho�t ever as explained below, that the City Council should find that concerns as to these issues ha� e been addressed, and that a special conditional use permit should be �ranted. r1 �J Kac-v��za� i su so-i St. Paul Ciry Councit March 17, 2000 Page 2 Am�le qarkin�yvill be �rovided and the recreation center will not cause h�affic conaestion. Most of the bi�sinesses in the block (such as the law office, chiropractic center, auto repair shop, fan shop and sewin� center) are closed by 6:00 p.m. In contrast, most patrons of the recreation center will arrive affer 7:00 p.m There aze plenty of parking spaces along Snellin� Avenue at that time. Pazking alon� Snelting �vill not create any congestion. In fact, the location of a different business in the vacant space with predominately daytime hours would create serious congestion. A business like the Kims' proposal would be far preferable from the congestion standpoint. To put to rest the plannin� commission's concems, the Kims have arran�ed for parkin� spaces at the Jiffy Lube location, which is within 250 feet of the storefront. Ten pazkin� spaces are available at the Jiffy Lube location. (An additional ei�ht spaces are available behind the store.) The plannin; commission resolutzon expresses some concem about pedestrian traffic between the 7iffy Lube parkin� spaces and The storefront. The ordinance provision cited by the planning commission, horvever, focuses on traffic congestion, not pedestrian traffic. _J The planning commission resolution su�gests that patrons will prefer to pazk alon� Snelling, Blair and Van Buren rather than at the Jiffy Lube location. There are several reasons this is incorrect, � First, parking at the Jiffy Lube location is just as close and convenient as parkin� on one of the side streets. And, parking at Jiffy Lube, where there �vill be numerous open pazkin� spaces, will be easier and more attractive than tryin� to parallel park along Snelling in the event that spaces are tight. Many of the patrons of the recreation center will also patronize the Korean restaurants and grocery market on the block. So, it is not correct that these patrons will be usurping spaces tteeded for customers of the other businesses. The Kims will prominently display signs in English and in Korean notifying their customers of the Jiffy Lube space and askin� their customers to use that space. The Kims will follow-up as necessary with verbal requests that the Jiffy Lube space be used. We believe these efforts will be successful, since the recreation center will attract repeat customers, and since these customers will feel a commitment to helping the other Korean businesses in the neighborhood. There �vill be ample parkin�, either along Snelling or at the Jiffy Lube lot, and traffic congestion �vill not be a problem. A 75-foot setback will not cause adverse im�acts and should be allowed. The planning commission resolution noted that the proposed use confonns to the applicable re�ulations for the district in �vhich it is located, except for a requirement that there be a 100-foot setback from residential property. The building the Kims will lease is about 7� feet from residential property o�,vned by David Berdahl. Any impact on the Berdahl property will be minimal because the property to be used by the Kims does not adjoin Mr. Berdahl's house, but only adjoins his gara�e. . tixainnsvt s��sai 00- 5 5� � St. Paut City Council March 17, 2000 Page 3 As noted by the planning commission, the Kims and Mr. Berdahl have entered into an agreement, by which Mr. Berdahl acknowiedged and a�reed to the setback. The Kims have a�reed to keep the area adjacent to the property clean and orderly, to discoiu loiterin� and to assure that any music is not audible at the Berdahl residence. Mr. Berdahl has indicated his suppoit for the Kims' proposal. The planning commission expressed concem that this anan�ement would not protect Fuhtre property o��ners. It �vas, ho�t ever, the intent of the parties (the Kims and Mr. Betdahl) that future property owners be bound by the agreement as �vell. Prospective o�vners of the property will be able to see throu�h physical inspection the distance between the Kim recreation center and the residential property. As an additional safeguazd, the parties will commit to recording a declazarion as to the property to put prospective buyers of the property on notice of the setback. In addation, the zoning code gives the City Yhe authority to impose conditions on a special condition use permit. Zoning Code Section 64300(e). The City can require that a declaration noting the 75- foot setback be recorded, to assure that there is fiill disclosure to any prospective purchasers of the Berdahl property. The zoning code also �ives the Ciry authority to modify a special condition use permit if problems arise. Zoning Code Section 64.300(�. The City may also revoke a special conditional use permit if any of the conditions are violated. Zoning Code Section 64300(h). It is � hazd to imagine how the existing 75-foot setback will create problems, especially since that setback affects only the Berdahl garage area. Tf problems do arise, however, the City has full authority to addzess them. The Cit Cotmcil should erant a variance allo�vin a 75-foot setback The proposed setback fiilly meets the criteria for a variance to allow a 75-foot setback. The variance will aliow a use that is reasonable under the zoning code. The use evill mesh well with the other small businesses on the block, pa� the Korean businesses. The setback issue arises from circumstances unique to the property (the layout of the building in relationship to the residential lot) which were not, of course, created by the Kims or Mr. BerdahL The setback variance is consistent with important purposes of the code: to group compatible land uses together. The pxoposed use is fully consistent �vith the other land uses along Snellin�, and �vill foster the development of a cluster of businesses servin� the Korean community. The recreation center witt aiso be consistent with the health, safery, comfort, morals and welfare of the City's inhabitants. No alcohol will be served on the premises. The Kims will assure that an orderly and wholesome environment is maintained. The Kims have a record of maintainin� an excellent atmosphere in the five years fhey have operated their restaurant, and would commit to maintaining the same excellent atmosphere at their new location. The Kims will create a family atmosphere, where young and old can meet to enjoy a game of skill, Korean culture and companionship. The proposed variance will not impair access to li�ht or air to adjacent properties and will not alter the essential character of the surrounding area. As explained abo� e, the recreation center will enhance the existing character of � the neighborhood. Nor would the use diminish property values in the nei�hborhood, since it will be compatible rvith the oYher small businesses in the nei�hborhood, and since the only residence icaai��zs�i SLI80-1 St. Paul City Council March 17, 2000 Page 4 affected is in prosnnity to the Snelling thoroughfare. The variance would provide relief from a setback requirement only, and would not provide for a use that is not allowed in the zoning district. Lastly, the variance request would make a reasonable use of the building and is not based purely on a desire to increase the value ar income potential unreasonably. Conclusion The Kims' proposal will fit we1l in the existing nei�hborhood, and will enhance the businesses that are already there. Ampie pazking will be provided. The business will have minimal impact on tke one residential properiy that is across the alley. The Kims respectfully reqaest approval of theu application. Very truly yours, KENNEDY & GRAVEN,CHARTERED l-<a-�o-,.�, f2 - �r2s� Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � � � KRC-177723ui SLL80-I ... ' � �• r— G H A R T E R E O 470 Pillsbury Cen[er 200 Souch Six[h Screec Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 f� http:/hvww.kennedy-gcaven.com I(ARE\ R. COI.F. Attome�' a� Lav Direct Dial (612) �_ 7-921= Emai6 kcoleCukennrAy-ara�znsrn:: vlarch 17. 2000 James Zdon City of St. Paul 1100 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 DearMr. Zdon: Thank you for providing us a set of the materials you will be forwazdin� to the Ciry Council. We did notice that two doclunents that are part of the record were not included: 1) � 2) the statement of approvaUsupport signed Uy eight business oGVners on the block and the contract bet4veen David Berdahl and Pon� Yim Kim. These were both provided by Mr. Kim and Mr. Wiplinger at the planning commission meeting. I have attached copies of those two documents. We would appreciate it if you �could include them m the City Council's packet. Very truly yours, F:ENIVEDY & GRAVEN, CHARTERED �Gt^n-.t`�.. � Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � hiac-i--uc„ i si.isu-� STATEMENT OF APPROVAL / SUPPORT The propose of this letter / or petition is to obtain signatures of persons YhaY support or have no adverse concerus for our proposal to operate a Korean style billiard's hall located at 681 North Snelling Avenue, St. Paul, Minnesota. For your information we are providing the foltowing details regarding our business intenfions: • Nine (9) billiard tables • Decorated in Korean fashion • Hours 12 Noon to 1:00 a.m. • Seven days a week • Parking in rear, accessed by alley • Additional parking provided at Jiffy Lube No alcoholic beverages served or allow on premises • No loitering on or about the premises • Maintain clean and orderly premises • Promote a family orientated atomsp6ere L have read or 6ave had the above exptained to me. I have no objections or adverse concerns regarding the proposed billiard hall and give my approval and support to the endeavor by my attached signature. Name �� Address �1 � ��A1�V� l3l�S �� I6 . �..cc .:., � �� .�N��r v��,gy�L 6 0Z ��i/��il l'.vclJ �� h ` �i39 �ur�,',� q �o �! 1 �f/, S!J E �C-I ,UC �38 N. Szzl(t.,� � �J Date K�'rt OQ�E�ta�. c�, .� — �� r -�., - zo�d 1U1�( �i�oc ( L 7 ZO o e�. 3EWflEKy � Z z` �� 8£l(AS gE0.�d� ShoQ / � _ +�sro��'Ec1$EWi= /� � _Kap;e{ c�t Ch�N � — da �Rev��EC�£RUc b� 00. '�� y-� � �--:� Gbs58 Contract and Terms � � Party A: Party B: David Berdahl, owner of duplex at 1594 Van Buren Avenue, Saint Pau1, hN 55 ] 04 1754 Hubbazd Avenue Saint Paul, MN 55104 Sol, at 681 Snellin� Avenue North, Saint Paut. NIN =5104 Pon� Yun Kim, Sote Proprietor [n exchange for potential negative financial impact on propem+, increased potentiat personal liability, nuisances/inconveniences Party B a�rees to one of the followin� scenarios as consideration to Party A: 1) Prior to the above business opening, Party B can purchase Party A's property at li94 Van Buren Avenue, Saint Paul, MN 55104. The price shall be $105,000. Any closing costs shall be paid by the Party B. Party A will receive no less than $105,000, tess any net principal due to Party A's mortgaQe company. If the purchase is not completed by 11/;0/2000, then a new appraisal sha11 be performed by an agreed upon Minnesota State licensed appraiser and the sales price shalt be 125°/a of the appraised value. The buyer shall pay for the new appraisal if necessary. If either parry does not agree with the appraised value, they can pay, at their own expense, to have two more appraisals done by two different agreed upon Minnesota state licensed appraisers, and the price shall be 125% of the average of the three appraisals. 2) If Parry B opu not to purchase the property, then Party B shall pay Party A an amount of � I 15.00 on the first of each month at the address above. The amount shatl be paid monthly, in advance for the next month, starting on the date that the business opens and each month until the business closes. [f tfie business opens mid month, then a single payment of $3.75 per day for the remaining days of the month shall be paid on the day that the business opens. The amount of $ I I S shall be adjusted for inflation every 5 years, starting with the date that the business opens, based on the United States Consumer Price index and rounded to the nearest whole dollar. ;) ]f ori�inally opting for scenario 2, Party B has the option at any time before 7/1/2001 to purchase the property under the terms of scenario t. After 7/ll2001, their right to purchase the property under the terms in scenario I shall be null and void and the agreement will be on�oin� and bindin� under scenario 2. If Party A sells, dies, gifrs or changes his ownership in the property at (594 Van Buren Avenue, then the new owner shall take the place of Party A for the purposes of this agreement. Any buyer of the property shat! be notified of this contract, and thus agree to its terms, prior to agreeing to any [erms of purchase. If Party B sells, dies, gifts, or changes their ownership in the business in any way, the new owner shall take ffie place of Party B for the purpose of this aereemen[. Any buyer of the business shall be notified of this contract, and thus obiigation to Party A, prior to a�reeing to any terms of purchase. Party B agrees to keep the area adjacent to Party A's property ctean and orderty. Parry B agrees to keep any music or noise at a level so that it is not audible at the residence at 1594 Van Buren Ave. Party B a�rees to discourage loiterin� by their customers in the area adjacent to Party A's properry. If Party B materially changes, selis, renames. their business in any way that effeMS the validity of this agreement or does not follow any of the terms of this agreement, then Party A has [he option of enForcin� scenario 1 or renegotiatina the terms of this aereement up to and includina raising the amount stated in scenario 2, to conform to the original terms aad spirit of this a�reement prior to Party B makine any changes. �%, /�/' j,. � David Berdahl, Owner 1594 Van Buren Ave Par[v A , n� Yun Kim, Sole Proprieror of "Soi" arty B � U city of saint paul planning commission resolution file number 00-16 date February 25, 2000 WHEREAS, Pung Yun Kim 1Fi1e 00-217-484) has applied for a special condition use permit to a11ow a billiard hall at 661 North Snelling; and WHEREAS, the Zoning Committee of the Planning Commission on 02/17/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WEiEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaZly reflected in the minutes, made the following findings of fact: l. The applicant proposes to lease the vacant property for the purpose of establishing a nine table billiard ha11. Previous�y, the building was usec3 as a mar[ial arts school. The applicant prc oses to operate the billiard hall from 12:00 noon to 1:00 a.m. dail No alcohol would be served. The applicant has secured a parking le� � agreement from a nearby oil changing business that would allow .1liard ha11 patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant aoproval of a principal use subject to special conditions, the commission shall find that: a. The extent, locat:on aad intensity of the use wi2l be in suDStantial compZiance with tne Saint Paul Co.�.orehensive Pian and ary applicabl=_ subarea p2ans wnich were approved by the city council. � � This condition is met. The recently completed Aamlin= Micway Community Plan does ,ot recommend any specific chanaes to this particular commercial area. The pSan does recommend specific strategies aoplicabie to the entire community for streng�hening relationships between businesses and residents and reducing conflicts over narking in coacmzrcial areas. moved by Kramer seconded by in favor Unanimous against � Qo'S58 . b. The use will provid° adequate ingress and egress �o *�inin±z° traffic congestion in tne public streets. This condition is not r,.et. This oarticular use w'_11 rec.:ire an additional 10 oarking snaces and the aonlicant hzs secuzed a parking lease agreetaent with a neazby oil chanaing business. ro�.:e✓er, the location of the leased spaces does not lend itsel= to coa✓enient use by potential billiard ha11 patrons. The distance �et:r°ea the leased parking site and the billiard hall is approximatel✓ 250 ieet and billiard hall patrons would have to cross Snelling Avenue at an unsignalized intersecCion. With the lack of proxinate o`f street parking within the immediate area, it is more 1ikely tn2t billiard hall patrons wi11 attemot to use the limited on street parking along Snelling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing ccaracter of development in the imr!ediate neighborhood or enda^ger the public health, safety and general welfare. This condition is met. The proposed billiard hall is a comoatible use to the auto repair, gift shop, video store and grocery store uses in this particulas B-2 district. As long as the 6i11iard hall's Snelling Avenue entrance is the sole entrance for customers, there should be minimal imnact upon residential properties. � d. The use will rot imaede the normal and orderly de��elooment and improvement of the surrounding oroperty for uses o°rmitted in the district. This condition is met. The surrounding property ir. Chis S-2 district is fully developed. e. The use shall, in all other respects, conform to th= a�?licable regulations of �h.e district in vrrich it is located. Except for the corcition relating to a 100 foot s�cnack �rom residential prooerty, this condition is met. � 3. Section 60.53a(3) oi the zoning code identifies billiarc ha11s as a special condition use in a B-2 district subject to the `ollowing condition. "Bowling alle7, billiard hall, indoor archery razge, indoor tennis courts, racquet ba11 and haad ball courts, czace ha11, electroric game room, indoo: skating rink, or similar forms of irdoo- commercial recreation when located a� least on= hundred(100) fee� `ro:� any front, rear oz side yard o= a:�'y residential 1ot in an adjacert residential district measured �rom t.° closest ooint of the bui�c�:^.g '_^ wnich the use is located to the closest residential nroperty i_.-_. T�is coadition is r.ot �.,_�. The discance Lrom the bac� o' _.� proposed billiazd hall bu�ldi::c the sid°_�ard o•°_ a single '_z-__ _°sidence ir =. P.-? district is "75 �e=�. >ihile the aoplicant has sec4rea _ st=tement rom the samz rzsidza=:a: orooerty ocaner �aho statea ._e _s _.. favor o� the billiard hal_ an:i.^.as no concerns rzlaciv2 to ---� �_--�a'"d hall's proximity to his proo=r�_, modification of the 100 -oo� d'_stance condition would not protect future residential property oomers and tenants from this type of use. � Therefore, Be It Resolved, based on findings 2b and 3, the Saint Pau1 Planning Commission denies the special condition use permit for a billiard hall at 681 N. Snelling Avenue. � � oo-55a' MINUTES OF THE ZONING COMMITTEE Thursday, February 17, 2000 - 3:30 p.m. � � � City Council Chambers, 3` Floor City Hall and Court House 15 West Keilogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton and Nowlin Gervais and Field Peter Warner Carol Martineau, Allan Torstenson, and James Zdon of PED The meeting was chaired by Commissioner Kramer Pong Yun Kim - 00-117-48d - Special Condition Use Permit to operate a bif{iard hail. 681 N. Sneliing Avenue. .fames Zdon showed slides and presented the staff report. Mr. Zdon stated the applicant has secured a parking lease agreement from the Jiffy Lube. The Zoning Staff is concerned with the focatioR of the leased parking because patrons would have to cross a busy intersection that has no stop lights or signs and patrons would tend to use the limited on-street parking along Snelling, Blair and VanBuren. Mr. Zdon also stated the Zoning Staff recommends deniai of the Special Condition Use Permit. At the question of Commissioner Gordon, Mr. Zdon stated the leased parking tot has enough spaces, and if the lease was terminated the app{icant would have to apply for a parking variance. Mr. John Choy, Attorney for Pong Yun Kim, appeared and stated the code is addressing the number of parking spaces, not the convenience of customers arriving at a facility. Section 62.104 which governs parking lots states that a parking lot has to be within 300 feet. The parking lot is 250 feet away from the proposed location. Mr. Richard Whiplinger, 6S5 Wilson Avenue, approached and stated he spoke with Dave Gagna from the Hamline Midway Coalition and he had no major concerns. Mr. Whiplingeralso submitted a petition from the surrounding business approving the billiard hall. He aiso explained they are willing to work with the community on any parking issues. At the question of Commissioner Gordon, Mr. Zdon stated they are grand fathered in for eight spaces in the back parking lot which would allow four billiard tables. Mr. David Birdhal{, 1754 Hubbard Ave., stated that the back parking lot would be improved by the access and paving. Mr. Birdhall also explained the agreement that was signed stipulates that if the billiard hall was sold the new owner would have to sign the agreement stating there would be no loud noise. His tenants don't have a problem with the billiard hall. Commissioner Gordon explained to Mr. Birdhall that the permit being considered would appiy to the property and not restricted to this applicant. Mr. Coleman McDonough, 1595 Blair Avenue appeared in opposition, ha stated some of the concerns are with traffic, parking, accidents caused by the I+mited site line, and people 7_oning Committee Minutes February 17, 2000 File #: 00-117-484 Page 2 congregating in the back parking lot. Mr. Choy reappeared and sYated the applicant is going to pave and install lights in the parking lot. The public hearing was closed. Commissioner Gordon stated he had two concerns 1) The location of the parking lot. 2) A privafe citizen waving the100 foot residential requirement of the code. Commissioner Gordon moved to adopt the Zoning Staff recommendation of denial. Commissioner Morton second it. At the question of commissioner Nowlin, Mr. Warner stated the provision in the code is designed to estabiish a separation between a more intense use and a restricted use in a residentiai district. A precedent should not be estabiished that the nearest property owner can sign a document indicating they do not have a problem with the proposed use. An applicant cannot legally bind the City to modify its zoning requirements because the appiicant has obtained documentary evidence from the nearest property owner stating that the property owner does not have an objection to the proposed use. Commissioner Nowiin stated the parking lot and lights would bring the customers closer to the residential area and that proposes a larger problem. Adopted Yeas -5 Drafted by: c',e� r n-�`i�1 r � .�� zcv Carol Maftineau Recording Secretary � � Nays - 0 Submitted by: , I,,,...� , i,.i � - , :.r �. . . Approved by: , �� Ric ard Kramer Chair � do -//7-%�, �� 558 • February 11, 2000 Richard Wiplinger and Pong Y. Kim 684 No. Snelling Avenue St. Paul, Minnesota 55104 James Zdon City of Saint Paul 1100 City Hall Annex 25 West 4th Street St. Paul, Minnesota 55102 Re: Requested Documents / New And Amended Dear Mr. Zdon: � After our meeting on Wednesday Feb. 9th, I was better infarmed in regards to �vhat you specifically needed, relating to the parking map and letter of concurrence. Please find the enclosed documents: 1) A ne�v shared parking lease agreement, stating the number of parking spaces available. 2) A letter from Mr. Jim Schafhauser concurring the shared parking. 3) A site plan of Jiffy Lube, indicatin� the 1=1 parking spaces, their lay-out and Mr. Schafhauser signature of approval. ( Please note that there is also room for about four additional parking spaces on the north side of the building for use after 8:00 p.m. ) 4) Signage that we �vill used to encourage patrons to use Jiffy Lube's lot, instead of on street parking. .Iim, you stated your concerns regarding the Jiffy Lube parking situation as }�ou perceived it. As I told you at our meeting, we do want to be fair to all businesses alonQ this area. But we also believe that our store front should be ailowed a spot or tw�o on the street also. An accountinQ or law firm, well mav have clients that park for an hour or more. None the less, we �vill work at askin� our customers to use off street parkin� and explain to them why. I believe that most will obli�e us. I do not believe that a 20 to 30 second walk from the lot will be a hardshio for anvone. There aren't many places today, where you don't have to walk some distance, usuall}� quite a bit. Even if you just go to Target, chances are you'll walk a couple hundred feet through the parking lot. . Wednesday, �vhen I met with you, I had to walk alot further than 300 feet and it �vas not for something that I actually enjoy. People will �valk a�eat distance for things GG - //7 - YgY they enjoy, how about out great State Fair? I truly �valked more than 300 feet to go to � church last Sunday. I'm sure you understand my point of view. I do hope the materials enclosed are now satisfactory and complete. If thev are not or we are not meetin� all the requirements then please let me kno�v immediatelvi ! We are willing to supply anything that is needed to meet the code requirements in a fair and square manner. It`s just a matter of our being fold exactly what is required, ho�v those requirements can be met effectively and then presented in the correct form. We rely on you and other city officials to instruct and help us with the "what's, where's and how's". It's only then that we (the unexperienced) have a chance at accomplishing the task successfully and not waste time and money. Please give the enclosed documents to the committee, if that is the procedure. Also if you would regardless, please give this cover letter to the committee. I believe it has relevance and merit in regards to our up coming matter before the committee on Feb. 17th. Sincerely, 1�.�.�.. W/!�— � U C� Richard Wiplinger and Pong Yun Kim LJ i Da -�/7 -y�; oo- 5 58 � February 15, 2000 l�tr. 3im Schafhauser Vice Presideut of Operation Heartiand Automotive Services, Inc. 2379 �Vest 7th Street Saint Paul, Minnesota 55116 Mr. James Zdon City of Saint Paul 1100 City Ha11 Annes 25 West 4th Street Saint Paul, Minnesota 55102 RE: Shared Parking Verification. � Dear A'Ir. Zdon: This letter is to verify and concur that a shared parking arrangement esists between .Tiffy Lube and 1VTr. Pong Y. Kim, in regard to the proposed Sol Billiard Hall to be located at fi81 Yorth Snelting Avenae, Saint Paul, Minuesota. I have reviewed and approved a Site Plan dated February 10, 2000. Tt�e purpose of said plan is to demonstrate the availability of parking spaces for accommodating the parking requirements of Sol Billiard Hait. Aiso for your information, the striping of the parking area will be completed by June 30, 2000. N1r. Pong Yun Kim will perform any work required per our agreement. Siucere(y, ' � i '�� GG��-�----- i L'i s� / y Jim Schathauser cc: File Pong Y. Kim � Qo -i��-y�y SHARED PARKING LOT LEASE This LEASE AGREEMENT made the lS day of ��F�!'�,/ , 2000, between the parites �— 7iffy Lube #47, located at 6S0 North Snelling Ave., St. Paul, MN 55104, hereina8er called Lessor, and Pong Yun Kim; d.b.a 3oi Bdliazds, located at 681 North SneIling Avenue, St. Paul, �N 55104, hereinafter called Lessee. WITI�'ESSETH, that in exchange for good and valuable considerauoa, the Lessor hereby grants to the Lessea the right an@ permisszon to use and occnpy the follo�ving described premises: Parking lot at 650 North Snelting Ave., S� Paul, MPi 55104, consisting of 10 parking spaces. USAGE: The use of the premises shall be for the purpose of accommodating the additional parking spaces for Sol Billiard's. TERiVI: This a�reement shall be for a period one yeaz from the date of the lease a�eement with further privileges to the Lessee on like terms from year to cear for one addirional yeaz untess terminated as hereinafter provided for and under the follow terms and conditioas: 1. Tha Lessor or Lessee may tetminate this asseement for any reason. 2. �torice of termina[ion must bz siven in writin� to the Lessor or Lessee 30 days prior to terminarion. V TT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this �day of /'�'��, BY ,� � -�-'� Lessor `"BY / Lessee 1 <<?,�-�.�.��. �,��, � �Vitnesses: 2QQ0. � � � O � � /,7 � / a � �~ 55� � � '. 1 J4.$ y X fi � � 3's,a �� ,r;: $ -�` : 3a.�� . K � 3i5' 6 �.N � 3n W— ; e ;:�. ^.� c �� d 3a6 - �SA Y `E �� 64AIk AVE. M "' , � :�a ' � 5 � , NN– 4 . � —__�i=.__ Rcuv,c m �� ! :�u[w n 0 � i� 1 co�L Awer L_�..�. .. �.. . � 4'CervG. AvReH I '_ ' ' _wm vr� � I LVVG Y YYryJf� FlOOR SLAB ELEV.�23].W IWO�MO I . J p' CONC I.PRON , ss _� • • FJYei�v4 5' 3fcEwrryc �: •. . - 6P .' �,fc2 i : =: . . �362 � 765� .' �2 Z�' I 36�A � oIt(�d�, I • «�� 11 � l Bv. cue V 3)0 I 36.] � b' _.. n I �irs.i �--- ---- i � �` . �. � I 13 322 � I N � Sotc 6,lt,a�d'> _$' W � J J I 3?0� O � a I 3a1 9¢ J5.3� � 360 NI 36 � �z �� W S�L $il.l.i+ _; R , � sca�• i io� z. w� q� l SoE 6lll:,..d5 APPRov�o / 8 `( , � �� i 36� X�., _ //� /i i � 3`.a' � �ow � � Q � '� �'TifFy Lu6E'�z.va. 35� G � 3 s+ o 6 , n...�... 13�? 10� � SPwcEn L�ny 5'�� ' �� L e I�" 5 aESE4vEd fo�t Sol 6'� ;q (. '��o�� O O O�� OO i4 SPaces n'• � .�`< as� � � � � 3eJ` I �t'�� ....ino.no-._ � "" � � p o - �/7 February 15,2000 From: Mr. Pong Yun T{im Sol Biiiiard HatI To: Mr. James Zdon City of Saint Paul To: Mr. David Cagne Midway-Hamline Coalition RE: �DDTTION SIGNAGE • Tn a true and sincere effort to work with the City and the Midway-Hamline area neighborhood, we will post the attached additional siana2e alon; with the norm signage indicating the availabiiity of parkiag at Jiffy Lube. Our adjaceut business neighbors are: American Auto Trim � Open blonday-Friday !$:00 A�I to 5:00 PNI Metro Automorive Open Monday-Friday /7:00 P,Di to 6:00 PbS Dan's Fans Citv Open Monday-Thrusday /9:00 A�I to 8:00 PrI Friday-Saturday / 9:00 :��I to 5:00 PvI Sunday / 12:00 P�I to 5:00 P�I I believe that our patrons will respect the request to use the off streei parl:ing thai wil! be available for them. `Ve enjoy a good relationship at present with our neighbors and want to maintain the goodwill of all. Sincereiy, Pong Yun Kim � o� - i�� -y�� a 558 � ATTENT�ON GOOD CUSTOMERS We are ASk.11l that you lease use our BACK PAF:KING LOT or JIFFY LUBE PAF�KING whenever possible AND � " NOT Park on Snelling Or the other Side Streets BEFORE 7: �}0 P.M. This is to Help our Business Neighbors who do not have +OFF STREET PARKING � THANKS ZONING COMMITTHS STAFF REPORT FILE #00-117-484 l. APPLICANT: Pong Yun Kim 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 681 North Snelling Avenue 4. PLANNING DISTRICT: 11 DATE OF H�ARING: 2/17/00 5. LEGAL DSSCRIPTION: Lot 2 Block 2 Hopkins Second Addition to St. Paui 6. PRESENT ZOIdING: B-2 ZONSNG CODE REFSRENCB: §64.300(d), 60.534(3) 7. STAFF INVESTIGATION AND RfiPORT: DATE: 2/09/00 BY: Sames Zdon 8. DATE RECEIVED: O1/18/00 DfiADLINE FOR ACTION: 3/1S/00 A. PURPOSBc Special condition use permit and modification to allow a nine table bilZiard kall. B. PARCEL SIZE: The property has 33.5 feet of frontage on SnelI.ing Avenue and a depth of 120 feet for a total lot area of 4,020 square feet. C. EXISTSNG LAND IISE: The property is a vacant one story commercial structure with a gross floor area of approximately 1834 square feet. D. SIIRROUNDING L11ND IISE North: Commercial gift shop in a B-2 district. East: Auto trim shop, cafe and beauty salon in B-2 district. South: Auto repair shop in a B-2 district. West: Single £amiZy residence in a R-4 district. E. ZON2NG CODE CITATION: 64.300(d) of the zoning code identifies findings the Planning Commission must make to grant a special condition use permit. Section 60.534(3) establishes a specific condition for billiard halls in a B-2 district. F. HISTORY/DISCIISSION: On November 19, 1999, the Planning Commission denied the appZicant's request for a special condition use permit for a billiard hall. G. DISTRICT COIINCIL RECO2�IENDATION: To date, the Hamline Midway Coalition has not taken a position on the billiard ha11 proposal. � `J � a�- 558 Page Two � H. FINDINGS• 1. The applicant pzoposes to lease the vacant property for the puzpose of establishing a nine table billiard hall. Previously, the building was used as a martial arts school. The applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No alcohol would be served. The applicant has secured a parking lease agreement from a nearby oil changing business that would allow billiazd hall patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The recently completed Hamline Midway Community Plan does not recommend any specific changes to this particular commercial area. The plan does recommend specific strategies applicable to the entire community for strengthening relationships between businesses and residents and reducinq conflicts over parking in commercial areas. � b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use wi11 require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil changing business. The lease agreement, however, is insufficient. The lease lacks a specific reference to the number of parking spaces that will be leased, and also lacks a site plan that identifies the location of the leased parking spaces. Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiard hall patrons. The distance between the leased parking site and the billiard hall is approximately 250 feet and billiard ha11 patrons would have Co cross Snelling Avenue at an unsignalized intersection. With the lack of proximate off street parking within the immediate area, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Snelling, Blair and Van Buren thus adding to conqestion along these streets. c. The use will not be detrimental to the existing characte° of development in the immediate neighborhood or endanger tne public health, safety and general welfare. � This condition is met. The proposed billiard ha11 is a conpatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha11's Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use wiZl not impede the normal and orderSy development and in�proveznent of the surrounding property for uses permitted in the di.strict. This condition is met. The surrounding property in this B-2 district is fully developed. e_ The use shall, in a1S other respects, confosm to the applicable regulations of the district in which it is located. Except for the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condition use in a B-2 district subject to the following condition. "Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball caurts, dance hal1, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one hundred(100) feet from any front, rear or side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiard hall building to the sideyard of a single family residence in a R-4 district is 75 feet. However, the applicant has secured a statement from the same residential property owner who states he is in favor of the billiard hall and has no concerns relative to the bilJ.iard hall's proximity to his property. Tn light of this statement, modification of the 100 foot distance condition appears reasonable. 2. STAFF RECOMMENDATION: Based on finding 2b, staff recommends denial of the special condition use permit for a billiard hall at 661 North Snelling Avenue. � . � 00-558 � SPECIAL CONDITION USE PERMIT APPLICATION Sain! Paul Zoxing OJfice II00 Cit}� Hall Anner 25 i3�est Faurth Street Saint Paul, MN 55102 266-6589 APPLfCANT 2oning office use nnly � .fite ncr_ . �U �" � , t t � " t i Fee - .`-�C1� i : f�J� �::, `Taniative hear�ng riats '..: _-.�- ''f �. ::��>., Name of owner (if differe Legal description: �J� 2 Current Zoning Fj- � PROPERTY LOCATION Address (o�j4� �p SN�.II«c}'��. city�'C. �Au t St �kN zip SS�o9 Daytime phone b5l• 6�f4- 2�� <<ooa4 �s � tcach TYPE OF PERMIT: Application is hereby made under the provisions of Chapter �O Section 53� , Paragraph 3 of ihe Zoning Code for a: �Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor SUPPORTING IhF�RMAT{ON: supply the information 2hat +s applicable to your type of permit (attach addit+onal sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITfONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ,,� S�b a�R��.d. � �. eoJea L�Fc.c� t c.o�.�.;�, o��T 2, rj �T9 F1R�1' G�n1ER F�( RR�A 3 • LEwsc �rzE€ N•z•�T � �� L��, , �k. C3us, { PsRk �Iout�s rj . �.E'C't6.2 / RESi�e,�'fi��aL PaorE�cE'� O(.ON£JZ is �1` 33�� c" S d� Applicant's signature �•r1-�—=-•.'� �- Date ��g ZG�bL�ity agent C�� c (7�t��.. � �20�� Gj��,��------� ` -� [ S _ �. e c� o C�(1.0 C��tR-� '�2c� ��2.�-( (�`c� �'( j�J . � V� 4...�,\ t tJ � � `L ��-• �'�.l , ��.1 S� ° `-� ��-� �1 Z.t> lu t �1 � �,p�1M�5S l D I� `C" .V'.1 �n,e w. `t � v�n �-� C,ar.s ek-fZ. �.l � vv. 14�, � D� +J £-�- n� �nf ��20�. (tz� �. fR�- � �o ea-�"� �-� b8 l `�� SN �-�c► u � -�✓�. ��C, �� ( . � -� �n+�}v�. I� �£tZbc{�t �I'c��rn�N�' w � tt� � `�o� t�u �.� � � ��',�. `C�n� -�c�o�� `� � . - � ..� S �e�-�-� ��d��.-� t��oN ��s �2�C�� c o�� P . C�.�oac�� l�ts � ��+a�� -�-�,�, �n.�.. c� � d-� 5�. �'��.I . ��N� r � , G ��-�- � � �.c N �'jD0 l�,t IN� � � W t�l £12 � �-55g � � January 16, 200� Pon� Yun Kim 68=� North Snelling Avenue St. Pau1, Minnesota 55104 Saint Paul Zoning Office 1-100 City Hall Annex 2� West Fourth Street St Paul, Minnesota 55102 Re: Specia! Conditiofi Use Permir /Bi!liard Hnll Zonir�g Code 60.534 (3) Dear Sirs and Madams: I am applying for a special condition use permit in regards to the following: I. II. ADDRESS/LEGAL DESCRIPTION 33 39 23ll 0024 0 S 625 681 North Snellin� Avenue St. Paul, Minnesota 5510�1 PROPOSED USE Special condition use permit to ailow a billiard hall within 100 feet of an adjacent residential lot. My intent is to operate a small nine (9) table "Korean" fashion billiard hall. Business hours will be from 12:00 p.m. to 1:00 a.m., seven days a��eek. No alcoholic bevera�es will be served and none allowed on or about the premises. There are a num6er of good reasons supporting this location: 1) Several Korean business establishments are in close proximity. 2) Attract a greater amount of the Korean community business doilars for myself and also for the general surrounding businesses. 3) Koreans love playin� billiard's, but not pocket pool. The majority of tables in the cities are the pocket version. 4) Most important, it will give the Korean community both young and old a culturally orientated place for enjoyable entertainment. 5) At the same time, provide a unique setting and enviroment for patrons of any ethnicity. 6) I have had previous experience mana�ing a billiard hall and plan to operate this business geared with respect to good fami]y values. � III. ZONING CONDITIONS � 1. Section 64.300 (d) (I-5) (General Conditions� a. Paragraphs #'s 1, 3, 4 and 5 are met. See recent Zoning File #99-368 dated Novem6er 19, 1999. b. Paragraph # 2, regarding "adequate ingress and e�ness to minimize traftic congestion in public streets". Our particular use requires an additional Ten (10) parking spaces. We are not seeking a variance. The additional spaces required are bein� met by a Lease agreement �vith Jiffy Lube corporation �vith respect to their store �47, located at 650 North Snelling Avenue, St. Paul, Minnesota SS IO�F c. Please find the enciosed copy of lease a�reement. d. Please f nd an enctosed tist indicating business hours for Store #47 and the billiard halL The peak operating hours of each business do not overlap itt any manner. e. The distance bet�veen the shared parking lot and the billiard hall is within 300 feet_ 2. Section 60.534 (3) (Ad'lacent Residential Propertvl a. Our building is only twenty-five (2�) feet short of the required 100 feet separation between any residential lot and a biiliard hall. This condition is beinQ met through an a�reement with the propertm• o«mer. The owner, Mr. David Berdahl is to-wit forgoing and waiving his rights and claims to the protection the zoning code intended to afford him as a residential property owner. b. Please find the enc[osed tetter of affirmation from Mr. Berdah[ as �vith respect to his property located at 1594 Van Buren Street, St. Paui Minnesota 55104. e. This is not contrary to either the intent or spirit of the code requirement condition. IV. CONTACT PERSONS 1. Mr. or Mrs. Pong Y. Kim Phone 651-644-2068 [I0:00 a.m. to 9:00 p.m. except Wednesday] � 2. Richard Wiplinger � Phone 651-776-0738 [or the above at times] Do- 55 � � �_� V. WRITTEN CORRESPONDENCE Please send all mail to: Mr. Pong Y. Kim Sole Cafe 684 North Snelling Avenue St. Paul, vlinnesota 55104 I respectifully submit my application for your approval. Sincerely yours, P/ ong Y. Ki�� L� PARKING LOT LEASE This LEASE AGREEMENT made the i_' day of � �E.o�E;�, 1999, between the parties Jiffy Lube #47, located at 650 North Snelling Ave, St. Pau1, MN SS104, hereinafter called lessor, and Pong Yun Kim; d.b.a. Pong's Billiazds, located at 681 Snelling Ave N, St, Paul, MN 55104, hereinafter called lessee. WITNESSETH, that in exchange for good and valuable consideration, the Lessor hereby grants to the Lessee the right and permission to use and occupy the following described premises: Parking area at 650 North Snelling Ave, St. Paul, MN 55104 USAGE: The use of the premises shall be for the purpose of accommodating the additional pazking spaces for Pong's Billiards. TERM: This agreement shail be for a period one yeaz from the date of the lease agreement with further privileges to the Lessee on Iike terms from year to yeaz for one additional year unless ternunated as hereinafter provided for and under the following Tc�ms and conditions: The lessor or lessee may terminate this agreement for any reason. 2. Notice of termination must be give in writing to the lessor or lessee 30 days prior to termination. IT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this '� Wihiess• � i: Z. 2. day of �-� C�Jx�, 1999. BY/�M� i�;U✓.//,f(��„�ct�.— � Lessor BY �., Lessee � � � oo- 5 5 � � January 16, 2000 BUSINESS HOURS FOR SHARED PARKING / PEAK OPERATING HOURS Sol Biiliards Hall 681 \o. Snelling Ave. St. Paul, MN 55104 Sunday thru Saturday --12:00 p.m. to 1:00 a.m. *x Anticipated peak operatinQ {tours are 8:00 p.m. to 1:00 �r.►n. Based on � previous mana�ement of billiard !ta[I for fve vears and inquirin� at otlrer lta[l's in St. Paul area. Jiffy Lube # 47 650 No. Snelling Ave. St. Paul, bI\ 55104 Nlonday thru Thursday --- 7:00 a.m. to 8:00 p.m. Friday --- 7:00 a.m. to 6:00 p.m. Saturday --- 8:00 a.m. to 5:00 p.m. Sunday —10:00 a.m. to 5:00 p.m. "x peak overatina liours are 7:00 a.m. to 2:00 p.m. Based on statement ofJiffi' L:�be's oneratintr mann�er. Mnrc LeForfe. � ________________________�� December 21. 1999 Saint Paul Zonin� Office 1400 City Hati Anner 2� West 4` Street Saint Paul, MN �� 102 Re: Private Residence at 1594 Van Buren and Potential `'Sol" business at 681 NoRh Snelling Avenue; Pong Yun Kim, Sole Proprietor To �vhom it mav concem: I ha�-e spoken with the proprietors of the future "Sol" business that is to be opened at the address above. It is nry understanding that they need a special city permit to operate this type of business cvithin 100 feet of my rentat property at I594 Van Buren Avenue. We have discussed several • issues inctuding: added traffic, late hours, noise, potential personal liabilit}� to mysetf impact on property/rental values, etc. After some discussion and voicing of concem, we have reached a private written agreement, which resolved these issues. Therefore, as long as they abide by the terms of the private written a�reement, I have no reservations about allowing the business to receive its special permit that allows their business to operate within 100 feet of my property. Furthermore, I have made two parking places available on my property for customers or employees of "Sol." I w�ill personally appear at any meeting, hearing, or committee and support the issuance of the permit needed to opea this business. Sincerely �L � �� David BerdahI � 00 � � � �� .ti� _ � _� :+ � � d � � � a . �--_______ �- ;,�_�z -, r sXb =- = � 5 '`� i � 3�qe1 - - �_� --- — - � f �...- - 5xb sxb � ��9�1 � 3 19w1 � — t .. -: _ _ ------ i — --� � sx�, sxb � `- 3 � 9 �, 1 _ e�°�ti� ' _ I � - -{ �-- - � -- S�'b L= - - - - --i _ �19'i'1 � — --- - -i —. g _.,� �--- - -- -- - ' �--- - . _ _` � ��- i - i .n ,,� � � b -- _ h. I v� s — 9�"� m _ Q xu �. � � I � �'- �' S ��...L-� C _ �� CL �a�a� 6r,�o�+d I� � -----------•�nvN�xnst�n---- ----- V d � m � � � � �^ _ � a xo4. � � �z � m �� ' � �° a � +� � � � B � �e m i: � � � i� V � O h 3 � n d � � a � x F a ° � � I � � w r e U � � � < v � � in py � N H � b a N {� m �� -� F b y $ 64 m H qqq b ❑ � � a�wa$ wnd °eu?t["'S s � c M x � � a v u q a x � � N �) N � � � Z — — — _ _ _ — _ __''��'Zg _ _ _ — _ _ _ _ — � � Gb-558 CITY OF SAII�TT PAUL � CONSENT OF ADJOIti'NG PROPERTY O�,VNERS FOR A SPECIAL CONDITIOt�' USE PERMIT R'e, the undersi�nzd, o��ners of the property within 100 feet of the total contiguou; description of real estate owned, purchased, or sofd b}' THE APPLICANT «ithin one year preceding tne date of this petitio,. acl:norvledge that�ve have been prz;ented with the folfo�ving: A copy of the application of �bKG' ��t� - �me of appficant) to establish a �J � �� aT2�1 '�T�" (proposed we) located at: \ Z, SQJ�I l �, �� ° \ p (addrz,s of ropecty) requiring a special condition we permit, along «ith any relevant site plans, dia�rams, or other documencation. `Ve consent to the approval of this application as it was explained to us by the applicant cr his/her represeatative. � sc �_J PiOTE: All information on the upper portion of this application must be completed prior to obtainiag eligible signatures on this petition. September 20, 1999 Pong Yun Kim 2880 Hiway 7 SE Mound�iew, IvN SS ll2 Ciry of St. Paul L.I.E.P. Lowry Professional Buitding 350 St. Peter Street Suite 300 SL Paul, MN 55102 RE: Special Condition Use Permit / Variance For Billiard Hall / Located: 681 Snelling Ave. N., St. Paul Dear Sirs and Madams: My request for a variance is in regazds to leasing a buildina at the above location for the purpose of beinQ able to open and operate a smal! ( I O table ) Korean sryle bitliazd's halL The site is currently being vacated by the current tenant, who operated a Martial Arts school there for the past 7 years. � I currently own and operate Sole Cafe located at 684 Snelling Ave. Iv'o. and would like to take � ad��anta�e of this site openino. There aze a number good reasons for my wantin� this locarion and asking for your approval on a variance: (1) There are several Korean business establishments in close pro�imity and do attract the I:orean communiry to the area. (2) Korean's loee to play bi[liazd's and not pocket pool. Though there aze many fiall's in St Paul, the majority of tables offered to play on are the pocket type. (3) ICorean s tend to be clandish and lil:e to congre�ate together in one place. (4) I could provide the needed place for Korean's and at the same time provide a somewhat unique enviroment for American clients. (5) To build or lease at other locations ( I have looked at other empty sites ) aze out of my financial capabilites. (6) The proposed site is directly across the sh from my cafe, which is an added manaoement convenience for me. Also, I am familiaz with this azea and people are familiar with me. I try to run my business wetl and I don't put up with people ihat can not beha� e. There will be no drinking of alcoholic bevera�es on or about the premises, nor any type of han�ing around will be allowed. I want my place to be a billiard's hall where a family can come and enjoy a game of billiard's, without any of the tuff "pool hall" stuff. I sincerely submit and request that you approve my application. Respectfuliy yours, /l� Pong Yun Kim � �� J 4 �. - _ w �/ JV � �� ..r P� . .. : - �. � , � 1 i � � I fl � 9 r � �S D � � � � � � � � t i i � 1 � �. A' ui .�I m � � U� // � � r4h , r� „ , - � _ ; j t'o . —-,A9 " ��3 �� a1�11 I ��°i m c.'6 cn � vt 6 ; � , m m p+ , . � t� ' � �I 1 t N � , .� � �;! ' t =`�r ' " —�_ t � '� � ' '' .�5�6 � I ` t ; _' f_ 3 J ° l a 1 ( i 1 � u �� .J � � c�� i � n—� �� y b i.A —i r IU'� cn m � n+ ( � � i m '•i i � 'v3�.37�?'b3d � � � �8 -,£s ,�O a� ��5 � w �a � 9 � .� � k � � � ` J oo- 5 58 l3LAt2 �U�. — — --I — — — — i � � �� o � � � �� l� - � r� �- � °� � � � G rP1 �� Ip � . � � p � 9 ' � �� e''f � ?� Q ?� � �� 9 r • � C ; tia ( R u �N a ��.. � .^ — — i � . n � � � � �� • t— ��' t ----------- -------_. � � � � � r i � f '� ♦ \ t �� .r � � a� � r� � � � � a � � , � � I t s { \ r � � 9 � �' �3 � ! � �-558 R�� o� K�� F�d b8��,5��k;�,� ��. I 55 ` ----�-� � � � � a � � � � � � � � � �� V � .' ' • �� : � �- _-. � � M� � r � w - �"�'� t� � (� SrR �� v � � � �.♦ � 0 • � � September 20, 1999 RE: Business Hours / Shared Parking 1. Pon�s Billiards ( Kim's ) 681 Snelling Ave N. St. Paul, MN 55104 2. Sole Cafe 684 Snelting Ave. N. St. Paui, MN 55104 Days & Hours: M-T-Th-F-S-S 12:OOpm--1:OOam �Ved.---Closed M-T-TH-F-S-S 11:OOam--1:OOam Wed.---Closed � 3. Kim's Oriental Foods 639 Snellin� Ave. N. St. Paul, MN 55104 M-T-W-TH-F-S 11:OOam--7:OOpm Sun.--12:OOpm-S:OOpm � . � Q � _ w z Z � � u � !� i j I, � % ; , � � i i I i i i I I I j � � L� i ' i I � f W � � m � ; , � , , � ! � I � � � , � � ASBURY � � ; � i � i i i � I ' ~ � � � � i I � � i I � I � I I � I � � I SNELLING i � ' I f; � � � j ' f � � � � �� I . .. FRY 00-55� � I ; I � � ' ' --- - -- I I j _- � I I I --- - �� -- --- � � i - - -- I � � � ..----- � I - -- � � � � � • � 1. SU�iRAY-BATTT,ECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERIIY HILLCREST 3. WFST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END 7. 8. 9. � 12. 13. 14. 15. lb. z�. THO�fAS-DALE SUMMIT-UNIVEF2STIY � WEST SEVENTH COMO HAMLINE-MITJWAY � ST. ANTHO� PARK MERRiAM PARK-LEXII`TGTON HAhff.Iiv'E-S?r'ELLi`�G FiA`SL:.�� MACALESTER GROVEI.A_�TD HIGHT_AND SU�iMIT �.T" DOtiVivTO�VN � � _� ,, /�7 ��y � CITIZEN PARTTCIPATTON PLANYING DISTRICTS cb-558 � ` �_� � 1 , __ -______l � � _�� __�___JI �-_ 1 . : . �, ��`.�.�,...o. .e...... .. , �� — � � � ; � .; _� � HAMLINE—MIDWAY h ♦ i " ! f i c ' � I r ' I L'� �u � —__ �t� �� 1 - �■ = �� - - �� 1 ��- ��,:�. �_-= =� � 1 �� "" � � � ---.:�i:�=�:_ -_ �'i � :i 1 �'� � � � �'� .� ' i � . � � � ��: =i � ��u�-��,�w � �� `� I!-�,� II�`�II �� ;�� DISTRICT 11 P� x0 1000 '"'�O _ �a +� s«o s�� ,„ �� I �� 0 � . . :: . }n` –�– -� -- --G� O _ O �"L O O O c � o� _ �! `, C L . ; ^ :i -- ` }- � , � � � - I� �!d,� -- , 0 30 � • •�� • • • .....s.,.�.. •{• •� Q � 1 ��I� A�/C. y�t+N (3v�e �n ��OUOC) ' {-{� ir'�� C ' i T : O �� i I � OIO�p¢� AV E. ?�o��'� G ' � i . o ��o AVE. ��' � <<€ ��':�� o�o,aEa ' t F t � c-; c �:� � c=� i � v� ^, � ; �., � �� , �;��¢�¢, � o � a ' ! —� ` � - � � -Q °� � 6 � � P ^M�£�V'� � F �� I t . . '. i. I� . 8 • �_ , ,-o�a i; -.; � �: � Ci G :�; � : 's C k ' k � �,�;�• 0 , � � V f b Od1� � �— pf �.� ! i ��_��, � � ,, �. ; :.r' t � , }� o�� i !s � •� � . . �� ¢i0 ' ��O�C�It � �, � � �� 0 0��1� �00�� o i 0 o�o;c o � O O Q �� Q ' : , r .�;��. _ o - � cr � A R-fL�i10E"� , �- � � ; ` ` "' - ;` m O �.1 �. �.'� ` '„ � �f�� A"�'�R DUi17Q Q O " `'. F � " - i .;? � O F � _ O -_ � � ' '� .� �; �� ,.� a�uc�r:T � �-��—_ LEGEND J�?OSE �C�(� �--�—.. zoning districl to;:nd2r i�— �E � 1' �G�/9[C DATE_ ��-ZS �' suSjeC prope��y _�:G D;S7� b.tAP ;,_i�? —_ o one fan�ly � bs� � G i:;7 �Z,T.iI� ;+r�cf � , ...—� r'-✓.� Cl'J!;i�l� Idmi;; �a o �� r o'�� l�` , ; p;0 �^ � / � n a rth�- • � � CGRIff.�?:� ?' . � r... Il1�'JS::i2 `� Va;d�'li ' A Mr. Pong Yun Kim's permit for a billiard hall at 681 No. Snelling Avenue: Motion to deny appeal, upholding the findings of the planning commission. vo�5 58 /� � -- _ �� 2 Morion to rant a � � �, ) g ppeal, thereby approving the SCUP, with a�i�d'�'aex�of the special condition for a 100-foot separation between a biliiazd hali and adjacent residential properiy, based on meeting the requirements for modification of a special condition in Section 64300 (fl (1) of the Zoning Code, subject to the following conditions: 1) Lighring be added to the reaz parking lot using cut-offfixtures that don't shine into adjacent residential properry; 2) Reaz pazking Iot be restricted to staff use only; 3) SCUP would expire if the lease for the 10 spaces at Jiffy Lube is not renewed, or ��' no1 replaced with 10 spaces of off-street pazking within 300 feet of the billiard hall. , expires with the termination of this business, under this ownership. ��i.c �4n�,u�.0 �� '. r�� U�� _--__,! � • •. : Yun Kim Pong Y�(in Kim Hall — 681 appellant �nin�ommission denied �m a B-2 Community Section 60.534(3) of the ; Avenue \ � for a SCUP). S d go st, after SCUP to on the c� 64300(d) - parking requ'irement is across Snelling at ur traffic and parking will likely burden the neighborhood; 60.534(3) - only 75 feet fr�,�m r�,cL� �.-.�=s ��'�^„ e billiard hall to 5ection 64300( intersection, ( � The Council finds that there was an error in one or more of the findings of the Planning Commission in that� p �. xu� �r s�� u,��- �� ►� y��,�J� �� 'u. p�u�ciuq a��euv.uF �'y ��te ct�c. d,at�A wc �12t9uuc fi d�a(iuf 1�t kha�t s tM �au.F �i ' �' b � Vu�c«bfc� d�u � ��t� c�s d u � � 66a �cP�,a ��a r�Q � �zae�� e, ��t¢e�wwu¢ !v� �c t2ei�tb�� wr. ❑ Council File # 0 O � �d�Y Green Sheet # � � 3- °t 7 �Y RESOLUTION CITY OF Presented By Referred To Committee: Date 2 WHEREAS, Pong Yun Kim, in Zoning File 00-117-484, made application to the Saint 3 Paul Planning Commission (hereinafter "Commission") for a Special Condition LTse Permit 4 pursuant to the provisions of the Saint Paul Zoning Code for property com�nonly known as 681 5 North Snelling Avenue and legally described as Lot 2, Block 2, Hopkins Second Addition to St. 6 Paul; and 7 8 WHEREAS, the Commission's Zoning Committee conducted a public hearing on the 9 said application on February 17, 2000, after having provided notice to affected property owners 10 and submitted its recommendation to deny the application to the Commission. The Commission, 11 on February 25, 2000, moved to deny the application based upon the following findings and 12 conclusions as set forth in Resolution No. 00-16: 13 14 1. T'he applicant proposes to lease the vacant property for the purpose of establishing a nine 15 table billiard hall. Previously, the building was used as a martial arts school. The 16 applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No 17 alcohol would be served. The applicant has secured a parking lease agreement from a 18 nearby oil changing business that would allow billiazd hall patrons to pazk at its facility. 19 20 21 22 23 24 25 26 a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. 27 28 This condition is met. The recently completed Hamline Midway Community Plan 29 does not recommend any specific changes to this particular commercial area. The 30 plan does recommend specific strategies applicable to the entire connmunity for 31 strengthening relationships between businesses and residents and reducing conflicts 32 over parking in commercial areas. 33 34 35 36 37 38 2. Section 64300(d) of the zoning code requires that before the pianning commission may grant approval of a principal use subject to special conditions, the commission shall find that: b. The use wi11 provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use will require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil PAUL, MINNESOTA �d ss� 2 changing business. The lease agreement, however, is insufficient. The lease lacks a 3 specific reference to the number of parking spaces that will be leased, and also lacks a 4 site plan that identifies the location of the leased parking spaces. 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiazd hall patrons. The distance between the leased pazking site and the billiard hali is approximately 250 feet and billiazd hall patrons would haue to eross Snelling Avenue at an unsignalized intersection. With the lack of pro�xnate off street parking within the immediate azea, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Sneiling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The proposed biliiard hall is a compatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha1P s Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding property in this B-2 district is fully developed. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is tocated. Except far the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condirion use in a B-2 dish subject to the following condition. "Bowling alley, billiazd hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recrearion when located at least one hundred(100) feet from any front, rear ar side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiazd hall building to the sideyard of a single family residence in a R-4 district is 75 feet. While the applicant has secured a statement from the same residenrial properiy owner who states he is in favor of the billiard hall and has no concerns relative to the billiard hall's proximity to his property, modification of the 100 foot distance condition would not protect future residential property owners and tenants from tkais type of use. -2- �d �� 2 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Plauning 3 Commissaon denies the special condition use permit for a billiazd hall at 681 N. 4 Snelling Avenue. 6 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Pong Yun 7 Kim on March 17, 2000, duly filed an appeal from the deternunation made by the Commission 8 and requested a hearing before the City Council for the purposes of considering the actions taken 9 by the said Commission; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, acting putsuant to Saint Paul Zoning Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City Council on April 12, 2000, where all interested parties were given an oppomuiity to be heard; and WHEREAS, the Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission; DOES HEREBY RE50LVE to reverse the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. Acting pursuant to Legislative Code § 64.207 and recognizing that the proposed billiard hall meets four of the five required findings under Legislative Code § 64300(d), the Council finds that with the imposition of appropriate conditions the proposed billiard hail can provide ample pazking which can minimize automobile traffic congestion and thereby enable the billiard hall to comply with all the conditions under Legislative Code § 64300(d). The Councii finds that patrons using adjacent, on-street pazking will utilize the proposed billiard hali primarily during hours which are different from the operating hours of other businesses near the proposed billiard hall. The Councii fiuther finds that the operators of the proposed use have secured a lease for ten (10) off-street parking spaces at 650 North Snelling Avenue to serve the proposed billiard hall. 2. Although the proposed billiard hall lies within the required distance sepazation setback set forth in Legislative Code § 60.534(3) for billiard halls and residential uses in B-2 zoning districts, the Council finds that the applicant has secured a statement from the owner of the residentiai property at 1594 Van Buren indicating that the residential property owner is in fauor of the proposed use. The Council notes that the applicant's attorne� has indicated the applicanYs willingness to record a declaration of a modification of the separarion requirement in arder to give any subsequent prospecrive owners of the property at 1594 Van Buren notice of the existence of a separarion setback modification. The Council therefore finds that granting a modification of the separation requirement in Legislative Code § 60.534(3), as provided for in Legislative Code § 64.300(fl(1), will not impair the intent and purpose or be otherwise inconsistent with the general goals of the City's zoning ordinances. -3- Oa-ss� 2 AND, BE IT FURTHER, RESOLVED, that the appeal of Pong Yun Kim from the 3 decision of the Planning Commission denying his request for a special condition use permit and 4 modification of special permit conditions is hereby granted subject to the following condirions: 6 1. That exterior lighting is installed for the billiazd hall's rear parldng lot. The lighting 7 fixtures shall be the "cut off' style which shall not iiluminate or otherwise cast light into adjacent 8 residential properry. 10 2. That the rear pazking lot of the billiard hall shall be restricted to staff only and shall have 11 12 13 14 15 16 17 18 19 20 21 22 signage stating the restricrion. 3. That the special condition use permit shall be revokable, subject to the provisions of Legislative Code § 64300(h)(2), in the event the lease for ten (10) paridng spaces at 650 North 5nelling Avenue is canceled, teiminated, modified or otherwise not renewed or replaced with 10 off-street parking spaces within 300 feet of the billiard hall. 4. That the special condition use permit shall expire with the tennanation of tlus business, under this ownership. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pong Yun Kim, the Zoning Aduiinistrator and the Planning Commission. Requested by Department of: 9y: Form Approved by City Attorney By: 8,.: � � �� -- / �� yy � ApprOVed by MayoY: Ddte ��L( _(�.E.i/ By: Approved by Mayor for Subsission to Council ay: Adopted by Council: Date ��c""F� Adoption Certified by Counci 5ecretary JO- S�� City Council �„��„m 7une 7, 2000 GREEN SHEET No 1 �4� 3!�8 ., :.-i 7une 7, 2000 �� ao�nxc orto� TOTAL # OF SIGNATURE PAGES �.,�,��.� � m.,,,,� ❑ �� _ � wuxa.�,�u�s m� � A,.�r,u.,�m.a.� ❑ wvaiprtwsru�n ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action granting the appeal, with conditions, of Mr. Pong Yun Kim to a decision of the Planning Commission denying him a special condition use permit for a billiard hall at 681 North Snelling Avenue. � PLANNlNG CAMMISSION CIB CAMMIITEE CIVII. SERVICE COMMISSION� SOURCE rlas mis pewoNfinn erer Nwlwa under a cwitrad ro. mis departmenn YES NO Has mis oeisaMrm ever been a dty empbyee? . YES NO Does Mis pereonlfirm posseas a sldl� not �wrmalrypossesseE bY any curteM dry emPloycel YES NO k ttiis pereorJGrtn a targeted ventloR YES NO a- COSTRtEVENUEBUD6ETED(qRCLEONk7 ACTNtTYNUMBER YEE NO DEPARTMENT OF PLANNING & ECONOMIC DEVELAPMENT 00-558 �ty crrY oF s�rr PAU� Norm Coleman, Mayor Mazch 24, 2000 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Zhvt.non ofPtanning 25 WestFourth Sbeet SaintPauZ MNSSIO2 Telephone: 612-2666565 Facsimile: 612-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday April 12, 2000 for the purpose of considering Mr. Pong Yun Kim's appeal of a Plumnig Commission decision denying him a special condition use pernut for a billiard hall at 681 North Sneliing. Applicant: Pong Yun Kim File Number: dF69�i�d8�4 # oQ " �a �' 93 G Purpose: Appeal of a Plazming Commission decision denying a speclal condition use pemut application for a billiard hall. Address: 681 North Snelling Legal Description See file. of Property: Previous Action: Plamung Commission Recommendation: Denial, vote: 11-4, Mazch 24, 2000. Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000. My understanding is that tkns public heariug request will appear on the agenda for the April 12, 2000 City Council meetntg and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. Sittcerely, �� a�i✓��/d � ames Zdo� City Plann r cc: File #00-117-484 Paul Dubruiel Cazol Martineau Allan Torstenson , �.�. _ NOTICEOFPDSidCfmwanvG The Saint Pau1 GYty Councitwill conduct -a publlc hearfng on Sf(ednesday, APril 12, 2000, ai 5.89 p.m. in the G�ty Councll Chambers, Third Flooi, City, Hall, to conaidu_the appeal of Mr. Pong Yun Kim W a decision of the Planning Commission denying hiin a sPecial conditlon use permit for a billiard hall at 681 Alorth Snelling Avenue. Dated March 29, ?A00 � . xnNCYAPIDERSOPI � - , A¢¢tatant`C11}'CoundlSCCietari' _ � - (FIar.31} _----'�Q,.'�PAOLIEfraSLIEDGER � G � �SL� � `°°�.'i5 �� {9��.F DEP.�IRTMENT OF PLAi�1�I�G & ECONO.�fIC DEVELAPMENT � � CTTY OF SAIN'T PAUL Norm Coteman, Mayor March 29, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #00-121-936 City Council Hearing: Pong Yun Kim De,esron ofrm,mtng 25 GtiessFossrth Snee[ SamtPauC MN55102 00-$58 7etephone: 612-266-6�6� Facsimi(e: 612-228-3313 April 12, 2000, 5:30 p,m. to 630 p.m., City Council Chambers PURPOSE: Appeal a plannuag commission decision denying a special condition use pemut for a billiard hall at 681 North Snelling PLANNING COMMIS5ION RECOMMENDATION: Deny, vote: Unanimous � ZONING COMMTTTEE RECOMMENDATION: Deny vote: �- 0. STAFF RECOMMENDATION: Deny SUPPORT. One resident spoke in favor ofthe permit. OPPOSITION: One resident spoke against the permit. DISTRICT COIJNCIL: The Hamline Midway Coalition's Executive Committee chose not to take a position on the SCUP application. Dear Ms. Anderson: This appeal is scheduled to be heard by the City Council on April 12, 2000. Please noUfy Allan Torstenson (266-6579) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sancerely, %/ ; � -. ` ��f��: � James Zdon City Planner cc City Council members Allan Torstenson � APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section II00 Ciry Hall Annez 25 Wut Fourth Street Saint Paul, MN SSIO2 266-6589 APPELLANT I Name Pong Yun Kim AddfeSS 684 Snelling Avenue North Cj{� St. PauZ S{, � ZiP 55104 Dayfime phone 651/644-20E PROPERTY I Zoning File Name Pon�'s ailliards ��-� ) LOCATION ,yddress/Location 681 Snelling Avenue North TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais � City Councii under the provisions of Chapter 64, Section 300 , Paragraph (d) ando�l'he Zoning Code, to appeat a decision made by the PlanninQ Commission o� February 25, 2000 ,�_ File number: 00-117-484 (date of decision) GROUNDS FOR APPEAL: Expiain why you fee! there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Rppe2ls or the Planning Comm:ssion. See attached letter. � I !-� � iC . C � - � 2 �75 � s C� Att ach additional sheet if necessary) � � Applicant's signature�7'`�v-��; Date� City agent_�,,�� C7o- 558 _ , i' . � G H A R T E R E D 470 Pillsbury Cencer 20D Souch Sixch $treec Nlinneapolis M� 55402 (612) 337-9300 celephone (612) 337-9310 faz hap:lhvww.ken nedy-giaven. com KARE� R. COLF. AKOme� a: L�� DirectDial(6L) �3' `>'i' Er,•ail kwte�keanedy-m�en.<om. March 17, 2000 St. Paui City Council City of St. Paul 1100 Ciry Hall Annex 25 West Fourth Street St. Paul, MN 55102 Dear City Council Members: � Pong Y. Kim and Sunny Kim appeal from the planning commission resolution denying their request for a special condition use permit to operate a Korean recreation center at a storefront that is now vacant at 681 North Snelling Avenue. The center will feahire billiard tables of a type that is prefen by Koreans. The recreation center will be across the street from a successfiil Korean restaurant the Kims have operated for five years. The Kims propose to open a family-oriented business that will mesh well with the five existing Korean-owned businesses on the block. The recreation center will heip promote a sense of eomnninity amon� the Korean Ameiicans who will come to the block for meals, for �roceries and for companionship. The plannin� commission reco�ized that the recreation center is compatibie �vith the St. Paiil Comprehensive Plan and with the Hamline Midway Community Piau. The planning commission also recognized that the recreation center would noC be detrimental to the e�istin� character of the neighborhood. In fact, the use will strengthen the existing businesses in the nzi�hborhood. The planning commission resolution also noted that there would be "murimal impact upon residential properties" as lon� as the Snelling Avenue entrance is the sole entrance for customers. The Kims are anxious to be good nei�hbors, and have committed to using only the front entrance to reduce any inipacts on neighboring properties. The plannina commission also conciuded that the recreation centei wotild not impede the normal and orderly de�'elopment and impro� emznt of the surroundin� property. The planning commission resolution does note t�vo concems. lxi e belie� e, ho�t ever as explained below, that the City Council should find that concerns as to these issues ha� e been addressed, and that a special conditional use permit should be �ranted. r1 �J Kac-v��za� i su so-i St. Paul Ciry Councit March 17, 2000 Page 2 Am�le qarkin�yvill be �rovided and the recreation center will not cause h�affic conaestion. Most of the bi�sinesses in the block (such as the law office, chiropractic center, auto repair shop, fan shop and sewin� center) are closed by 6:00 p.m. In contrast, most patrons of the recreation center will arrive affer 7:00 p.m There aze plenty of parking spaces along Snellin� Avenue at that time. Pazking alon� Snelting �vill not create any congestion. In fact, the location of a different business in the vacant space with predominately daytime hours would create serious congestion. A business like the Kims' proposal would be far preferable from the congestion standpoint. To put to rest the plannin� commission's concems, the Kims have arran�ed for parkin� spaces at the Jiffy Lube location, which is within 250 feet of the storefront. Ten pazkin� spaces are available at the Jiffy Lube location. (An additional ei�ht spaces are available behind the store.) The plannin; commission resolutzon expresses some concem about pedestrian traffic between the 7iffy Lube parkin� spaces and The storefront. The ordinance provision cited by the planning commission, horvever, focuses on traffic congestion, not pedestrian traffic. _J The planning commission resolution su�gests that patrons will prefer to pazk alon� Snelling, Blair and Van Buren rather than at the Jiffy Lube location. There are several reasons this is incorrect, � First, parking at the Jiffy Lube location is just as close and convenient as parkin� on one of the side streets. And, parking at Jiffy Lube, where there �vill be numerous open pazkin� spaces, will be easier and more attractive than tryin� to parallel park along Snelling in the event that spaces are tight. Many of the patrons of the recreation center will also patronize the Korean restaurants and grocery market on the block. So, it is not correct that these patrons will be usurping spaces tteeded for customers of the other businesses. The Kims will prominently display signs in English and in Korean notifying their customers of the Jiffy Lube space and askin� their customers to use that space. The Kims will follow-up as necessary with verbal requests that the Jiffy Lube space be used. We believe these efforts will be successful, since the recreation center will attract repeat customers, and since these customers will feel a commitment to helping the other Korean businesses in the neighborhood. There �vill be ample parkin�, either along Snelling or at the Jiffy Lube lot, and traffic congestion �vill not be a problem. A 75-foot setback will not cause adverse im�acts and should be allowed. The planning commission resolution noted that the proposed use confonns to the applicable re�ulations for the district in �vhich it is located, except for a requirement that there be a 100-foot setback from residential property. The building the Kims will lease is about 7� feet from residential property o�,vned by David Berdahl. Any impact on the Berdahl property will be minimal because the property to be used by the Kims does not adjoin Mr. Berdahl's house, but only adjoins his gara�e. . tixainnsvt s��sai 00- 5 5� � St. Paut City Council March 17, 2000 Page 3 As noted by the planning commission, the Kims and Mr. Berdahl have entered into an agreement, by which Mr. Berdahl acknowiedged and a�reed to the setback. The Kims have a�reed to keep the area adjacent to the property clean and orderly, to discoiu loiterin� and to assure that any music is not audible at the Berdahl residence. Mr. Berdahl has indicated his suppoit for the Kims' proposal. The planning commission expressed concem that this anan�ement would not protect Fuhtre property o��ners. It �vas, ho�t ever, the intent of the parties (the Kims and Mr. Betdahl) that future property owners be bound by the agreement as �vell. Prospective o�vners of the property will be able to see throu�h physical inspection the distance between the Kim recreation center and the residential property. As an additional safeguazd, the parties will commit to recording a declazarion as to the property to put prospective buyers of the property on notice of the setback. In addation, the zoning code gives the City Yhe authority to impose conditions on a special condition use permit. Zoning Code Section 64300(e). The City can require that a declaration noting the 75- foot setback be recorded, to assure that there is fiill disclosure to any prospective purchasers of the Berdahl property. The zoning code also �ives the Ciry authority to modify a special condition use permit if problems arise. Zoning Code Section 64.300(�. The City may also revoke a special conditional use permit if any of the conditions are violated. Zoning Code Section 64300(h). It is � hazd to imagine how the existing 75-foot setback will create problems, especially since that setback affects only the Berdahl garage area. Tf problems do arise, however, the City has full authority to addzess them. The Cit Cotmcil should erant a variance allo�vin a 75-foot setback The proposed setback fiilly meets the criteria for a variance to allow a 75-foot setback. The variance will aliow a use that is reasonable under the zoning code. The use evill mesh well with the other small businesses on the block, pa� the Korean businesses. The setback issue arises from circumstances unique to the property (the layout of the building in relationship to the residential lot) which were not, of course, created by the Kims or Mr. BerdahL The setback variance is consistent with important purposes of the code: to group compatible land uses together. The pxoposed use is fully consistent �vith the other land uses along Snellin�, and �vill foster the development of a cluster of businesses servin� the Korean community. The recreation center witt aiso be consistent with the health, safery, comfort, morals and welfare of the City's inhabitants. No alcohol will be served on the premises. The Kims will assure that an orderly and wholesome environment is maintained. The Kims have a record of maintainin� an excellent atmosphere in the five years fhey have operated their restaurant, and would commit to maintaining the same excellent atmosphere at their new location. The Kims will create a family atmosphere, where young and old can meet to enjoy a game of skill, Korean culture and companionship. The proposed variance will not impair access to li�ht or air to adjacent properties and will not alter the essential character of the surrounding area. As explained abo� e, the recreation center will enhance the existing character of � the neighborhood. Nor would the use diminish property values in the nei�hborhood, since it will be compatible rvith the oYher small businesses in the nei�hborhood, and since the only residence icaai��zs�i SLI80-1 St. Paul City Council March 17, 2000 Page 4 affected is in prosnnity to the Snelling thoroughfare. The variance would provide relief from a setback requirement only, and would not provide for a use that is not allowed in the zoning district. Lastly, the variance request would make a reasonable use of the building and is not based purely on a desire to increase the value ar income potential unreasonably. Conclusion The Kims' proposal will fit we1l in the existing nei�hborhood, and will enhance the businesses that are already there. Ampie pazking will be provided. The business will have minimal impact on tke one residential properiy that is across the alley. The Kims respectfully reqaest approval of theu application. Very truly yours, KENNEDY & GRAVEN,CHARTERED l-<a-�o-,.�, f2 - �r2s� Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � � � KRC-177723ui SLL80-I ... ' � �• r— G H A R T E R E O 470 Pillsbury Cen[er 200 Souch Six[h Screec Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 f� http:/hvww.kennedy-gcaven.com I(ARE\ R. COI.F. Attome�' a� Lav Direct Dial (612) �_ 7-921= Emai6 kcoleCukennrAy-ara�znsrn:: vlarch 17. 2000 James Zdon City of St. Paul 1100 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 DearMr. Zdon: Thank you for providing us a set of the materials you will be forwazdin� to the Ciry Council. We did notice that two doclunents that are part of the record were not included: 1) � 2) the statement of approvaUsupport signed Uy eight business oGVners on the block and the contract bet4veen David Berdahl and Pon� Yim Kim. These were both provided by Mr. Kim and Mr. Wiplinger at the planning commission meeting. I have attached copies of those two documents. We would appreciate it if you �could include them m the City Council's packet. Very truly yours, F:ENIVEDY & GRAVEN, CHARTERED �Gt^n-.t`�.. � Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � hiac-i--uc„ i si.isu-� STATEMENT OF APPROVAL / SUPPORT The propose of this letter / or petition is to obtain signatures of persons YhaY support or have no adverse concerus for our proposal to operate a Korean style billiard's hall located at 681 North Snelling Avenue, St. Paul, Minnesota. For your information we are providing the foltowing details regarding our business intenfions: • Nine (9) billiard tables • Decorated in Korean fashion • Hours 12 Noon to 1:00 a.m. • Seven days a week • Parking in rear, accessed by alley • Additional parking provided at Jiffy Lube No alcoholic beverages served or allow on premises • No loitering on or about the premises • Maintain clean and orderly premises • Promote a family orientated atomsp6ere L have read or 6ave had the above exptained to me. I have no objections or adverse concerns regarding the proposed billiard hall and give my approval and support to the endeavor by my attached signature. Name �� Address �1 � ��A1�V� l3l�S �� I6 . �..cc .:., � �� .�N��r v��,gy�L 6 0Z ��i/��il l'.vclJ �� h ` �i39 �ur�,',� q �o �! 1 �f/, S!J E �C-I ,UC �38 N. Szzl(t.,� � �J Date K�'rt OQ�E�ta�. c�, .� — �� r -�., - zo�d 1U1�( �i�oc ( L 7 ZO o e�. 3EWflEKy � Z z` �� 8£l(AS gE0.�d� ShoQ / � _ +�sro��'Ec1$EWi= /� � _Kap;e{ c�t Ch�N � — da �Rev��EC�£RUc b� 00. '�� y-� � �--:� Gbs58 Contract and Terms � � Party A: Party B: David Berdahl, owner of duplex at 1594 Van Buren Avenue, Saint Pau1, hN 55 ] 04 1754 Hubbazd Avenue Saint Paul, MN 55104 Sol, at 681 Snellin� Avenue North, Saint Paut. NIN =5104 Pon� Yun Kim, Sote Proprietor [n exchange for potential negative financial impact on propem+, increased potentiat personal liability, nuisances/inconveniences Party B a�rees to one of the followin� scenarios as consideration to Party A: 1) Prior to the above business opening, Party B can purchase Party A's property at li94 Van Buren Avenue, Saint Paul, MN 55104. The price shall be $105,000. Any closing costs shall be paid by the Party B. Party A will receive no less than $105,000, tess any net principal due to Party A's mortgaQe company. If the purchase is not completed by 11/;0/2000, then a new appraisal sha11 be performed by an agreed upon Minnesota State licensed appraiser and the sales price shalt be 125°/a of the appraised value. The buyer shall pay for the new appraisal if necessary. If either parry does not agree with the appraised value, they can pay, at their own expense, to have two more appraisals done by two different agreed upon Minnesota state licensed appraisers, and the price shall be 125% of the average of the three appraisals. 2) If Parry B opu not to purchase the property, then Party B shall pay Party A an amount of � I 15.00 on the first of each month at the address above. The amount shatl be paid monthly, in advance for the next month, starting on the date that the business opens and each month until the business closes. [f tfie business opens mid month, then a single payment of $3.75 per day for the remaining days of the month shall be paid on the day that the business opens. The amount of $ I I S shall be adjusted for inflation every 5 years, starting with the date that the business opens, based on the United States Consumer Price index and rounded to the nearest whole dollar. ;) ]f ori�inally opting for scenario 2, Party B has the option at any time before 7/1/2001 to purchase the property under the terms of scenario t. After 7/ll2001, their right to purchase the property under the terms in scenario I shall be null and void and the agreement will be on�oin� and bindin� under scenario 2. If Party A sells, dies, gifrs or changes his ownership in the property at (594 Van Buren Avenue, then the new owner shall take the place of Party A for the purposes of this agreement. Any buyer of the property shat! be notified of this contract, and thus agree to its terms, prior to agreeing to any [erms of purchase. If Party B sells, dies, gifts, or changes their ownership in the business in any way, the new owner shall take ffie place of Party B for the purpose of this aereemen[. Any buyer of the business shall be notified of this contract, and thus obiigation to Party A, prior to a�reeing to any terms of purchase. Party B agrees to keep the area adjacent to Party A's property ctean and orderty. Parry B agrees to keep any music or noise at a level so that it is not audible at the residence at 1594 Van Buren Ave. Party B a�rees to discourage loiterin� by their customers in the area adjacent to Party A's properry. If Party B materially changes, selis, renames. their business in any way that effeMS the validity of this agreement or does not follow any of the terms of this agreement, then Party A has [he option of enForcin� scenario 1 or renegotiatina the terms of this aereement up to and includina raising the amount stated in scenario 2, to conform to the original terms aad spirit of this a�reement prior to Party B makine any changes. �%, /�/' j,. � David Berdahl, Owner 1594 Van Buren Ave Par[v A , n� Yun Kim, Sole Proprieror of "Soi" arty B � U city of saint paul planning commission resolution file number 00-16 date February 25, 2000 WHEREAS, Pung Yun Kim 1Fi1e 00-217-484) has applied for a special condition use permit to a11ow a billiard hall at 661 North Snelling; and WHEREAS, the Zoning Committee of the Planning Commission on 02/17/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WEiEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaZly reflected in the minutes, made the following findings of fact: l. The applicant proposes to lease the vacant property for the purpose of establishing a nine table billiard ha11. Previous�y, the building was usec3 as a mar[ial arts school. The applicant prc oses to operate the billiard hall from 12:00 noon to 1:00 a.m. dail No alcohol would be served. The applicant has secured a parking le� � agreement from a nearby oil changing business that would allow .1liard ha11 patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant aoproval of a principal use subject to special conditions, the commission shall find that: a. The extent, locat:on aad intensity of the use wi2l be in suDStantial compZiance with tne Saint Paul Co.�.orehensive Pian and ary applicabl=_ subarea p2ans wnich were approved by the city council. � � This condition is met. The recently completed Aamlin= Micway Community Plan does ,ot recommend any specific chanaes to this particular commercial area. The pSan does recommend specific strategies aoplicabie to the entire community for streng�hening relationships between businesses and residents and reducing conflicts over narking in coacmzrcial areas. moved by Kramer seconded by in favor Unanimous against � Qo'S58 . b. The use will provid° adequate ingress and egress �o *�inin±z° traffic congestion in tne public streets. This condition is not r,.et. This oarticular use w'_11 rec.:ire an additional 10 oarking snaces and the aonlicant hzs secuzed a parking lease agreetaent with a neazby oil chanaing business. ro�.:e✓er, the location of the leased spaces does not lend itsel= to coa✓enient use by potential billiard ha11 patrons. The distance �et:r°ea the leased parking site and the billiard hall is approximatel✓ 250 ieet and billiard hall patrons would have to cross Snelling Avenue at an unsignalized intersecCion. With the lack of proxinate o`f street parking within the immediate area, it is more 1ikely tn2t billiard hall patrons wi11 attemot to use the limited on street parking along Snelling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing ccaracter of development in the imr!ediate neighborhood or enda^ger the public health, safety and general welfare. This condition is met. The proposed billiard hall is a comoatible use to the auto repair, gift shop, video store and grocery store uses in this particulas B-2 district. As long as the 6i11iard hall's Snelling Avenue entrance is the sole entrance for customers, there should be minimal imnact upon residential properties. � d. The use will rot imaede the normal and orderly de��elooment and improvement of the surrounding oroperty for uses o°rmitted in the district. This condition is met. The surrounding property ir. Chis S-2 district is fully developed. e. The use shall, in all other respects, conform to th= a�?licable regulations of �h.e district in vrrich it is located. Except for the corcition relating to a 100 foot s�cnack �rom residential prooerty, this condition is met. � 3. Section 60.53a(3) oi the zoning code identifies billiarc ha11s as a special condition use in a B-2 district subject to the `ollowing condition. "Bowling alle7, billiard hall, indoor archery razge, indoor tennis courts, racquet ba11 and haad ball courts, czace ha11, electroric game room, indoo: skating rink, or similar forms of irdoo- commercial recreation when located a� least on= hundred(100) fee� `ro:� any front, rear oz side yard o= a:�'y residential 1ot in an adjacert residential district measured �rom t.° closest ooint of the bui�c�:^.g '_^ wnich the use is located to the closest residential nroperty i_.-_. T�is coadition is r.ot �.,_�. The discance Lrom the bac� o' _.� proposed billiazd hall bu�ldi::c the sid°_�ard o•°_ a single '_z-__ _°sidence ir =. P.-? district is "75 �e=�. >ihile the aoplicant has sec4rea _ st=tement rom the samz rzsidza=:a: orooerty ocaner �aho statea ._e _s _.. favor o� the billiard hal_ an:i.^.as no concerns rzlaciv2 to ---� �_--�a'"d hall's proximity to his proo=r�_, modification of the 100 -oo� d'_stance condition would not protect future residential property oomers and tenants from this type of use. � Therefore, Be It Resolved, based on findings 2b and 3, the Saint Pau1 Planning Commission denies the special condition use permit for a billiard hall at 681 N. Snelling Avenue. � � oo-55a' MINUTES OF THE ZONING COMMITTEE Thursday, February 17, 2000 - 3:30 p.m. � � � City Council Chambers, 3` Floor City Hall and Court House 15 West Keilogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton and Nowlin Gervais and Field Peter Warner Carol Martineau, Allan Torstenson, and James Zdon of PED The meeting was chaired by Commissioner Kramer Pong Yun Kim - 00-117-48d - Special Condition Use Permit to operate a bif{iard hail. 681 N. Sneliing Avenue. .fames Zdon showed slides and presented the staff report. Mr. Zdon stated the applicant has secured a parking lease agreement from the Jiffy Lube. The Zoning Staff is concerned with the focatioR of the leased parking because patrons would have to cross a busy intersection that has no stop lights or signs and patrons would tend to use the limited on-street parking along Snelling, Blair and VanBuren. Mr. Zdon also stated the Zoning Staff recommends deniai of the Special Condition Use Permit. At the question of Commissioner Gordon, Mr. Zdon stated the leased parking tot has enough spaces, and if the lease was terminated the app{icant would have to apply for a parking variance. Mr. John Choy, Attorney for Pong Yun Kim, appeared and stated the code is addressing the number of parking spaces, not the convenience of customers arriving at a facility. Section 62.104 which governs parking lots states that a parking lot has to be within 300 feet. The parking lot is 250 feet away from the proposed location. Mr. Richard Whiplinger, 6S5 Wilson Avenue, approached and stated he spoke with Dave Gagna from the Hamline Midway Coalition and he had no major concerns. Mr. Whiplingeralso submitted a petition from the surrounding business approving the billiard hall. He aiso explained they are willing to work with the community on any parking issues. At the question of Commissioner Gordon, Mr. Zdon stated they are grand fathered in for eight spaces in the back parking lot which would allow four billiard tables. Mr. David Birdhal{, 1754 Hubbard Ave., stated that the back parking lot would be improved by the access and paving. Mr. Birdhall also explained the agreement that was signed stipulates that if the billiard hall was sold the new owner would have to sign the agreement stating there would be no loud noise. His tenants don't have a problem with the billiard hall. Commissioner Gordon explained to Mr. Birdhall that the permit being considered would appiy to the property and not restricted to this applicant. Mr. Coleman McDonough, 1595 Blair Avenue appeared in opposition, ha stated some of the concerns are with traffic, parking, accidents caused by the I+mited site line, and people 7_oning Committee Minutes February 17, 2000 File #: 00-117-484 Page 2 congregating in the back parking lot. Mr. Choy reappeared and sYated the applicant is going to pave and install lights in the parking lot. The public hearing was closed. Commissioner Gordon stated he had two concerns 1) The location of the parking lot. 2) A privafe citizen waving the100 foot residential requirement of the code. Commissioner Gordon moved to adopt the Zoning Staff recommendation of denial. Commissioner Morton second it. At the question of commissioner Nowlin, Mr. Warner stated the provision in the code is designed to estabiish a separation between a more intense use and a restricted use in a residentiai district. A precedent should not be estabiished that the nearest property owner can sign a document indicating they do not have a problem with the proposed use. An applicant cannot legally bind the City to modify its zoning requirements because the appiicant has obtained documentary evidence from the nearest property owner stating that the property owner does not have an objection to the proposed use. Commissioner Nowiin stated the parking lot and lights would bring the customers closer to the residential area and that proposes a larger problem. Adopted Yeas -5 Drafted by: c',e� r n-�`i�1 r � .�� zcv Carol Maftineau Recording Secretary � � Nays - 0 Submitted by: , I,,,...� , i,.i � - , :.r �. . . Approved by: , �� Ric ard Kramer Chair � do -//7-%�, �� 558 • February 11, 2000 Richard Wiplinger and Pong Y. Kim 684 No. Snelling Avenue St. Paul, Minnesota 55104 James Zdon City of Saint Paul 1100 City Hall Annex 25 West 4th Street St. Paul, Minnesota 55102 Re: Requested Documents / New And Amended Dear Mr. Zdon: � After our meeting on Wednesday Feb. 9th, I was better infarmed in regards to �vhat you specifically needed, relating to the parking map and letter of concurrence. Please find the enclosed documents: 1) A ne�v shared parking lease agreement, stating the number of parking spaces available. 2) A letter from Mr. Jim Schafhauser concurring the shared parking. 3) A site plan of Jiffy Lube, indicatin� the 1=1 parking spaces, their lay-out and Mr. Schafhauser signature of approval. ( Please note that there is also room for about four additional parking spaces on the north side of the building for use after 8:00 p.m. ) 4) Signage that we �vill used to encourage patrons to use Jiffy Lube's lot, instead of on street parking. .Iim, you stated your concerns regarding the Jiffy Lube parking situation as }�ou perceived it. As I told you at our meeting, we do want to be fair to all businesses alonQ this area. But we also believe that our store front should be ailowed a spot or tw�o on the street also. An accountinQ or law firm, well mav have clients that park for an hour or more. None the less, we �vill work at askin� our customers to use off street parkin� and explain to them why. I believe that most will obli�e us. I do not believe that a 20 to 30 second walk from the lot will be a hardshio for anvone. There aren't many places today, where you don't have to walk some distance, usuall}� quite a bit. Even if you just go to Target, chances are you'll walk a couple hundred feet through the parking lot. . Wednesday, �vhen I met with you, I had to walk alot further than 300 feet and it �vas not for something that I actually enjoy. People will �valk a�eat distance for things GG - //7 - YgY they enjoy, how about out great State Fair? I truly �valked more than 300 feet to go to � church last Sunday. I'm sure you understand my point of view. I do hope the materials enclosed are now satisfactory and complete. If thev are not or we are not meetin� all the requirements then please let me kno�v immediatelvi ! We are willing to supply anything that is needed to meet the code requirements in a fair and square manner. It`s just a matter of our being fold exactly what is required, ho�v those requirements can be met effectively and then presented in the correct form. We rely on you and other city officials to instruct and help us with the "what's, where's and how's". It's only then that we (the unexperienced) have a chance at accomplishing the task successfully and not waste time and money. Please give the enclosed documents to the committee, if that is the procedure. Also if you would regardless, please give this cover letter to the committee. I believe it has relevance and merit in regards to our up coming matter before the committee on Feb. 17th. Sincerely, 1�.�.�.. W/!�— � U C� Richard Wiplinger and Pong Yun Kim LJ i Da -�/7 -y�; oo- 5 58 � February 15, 2000 l�tr. 3im Schafhauser Vice Presideut of Operation Heartiand Automotive Services, Inc. 2379 �Vest 7th Street Saint Paul, Minnesota 55116 Mr. James Zdon City of Saint Paul 1100 City Ha11 Annes 25 West 4th Street Saint Paul, Minnesota 55102 RE: Shared Parking Verification. � Dear A'Ir. Zdon: This letter is to verify and concur that a shared parking arrangement esists between .Tiffy Lube and 1VTr. Pong Y. Kim, in regard to the proposed Sol Billiard Hall to be located at fi81 Yorth Snelting Avenae, Saint Paul, Minuesota. I have reviewed and approved a Site Plan dated February 10, 2000. Tt�e purpose of said plan is to demonstrate the availability of parking spaces for accommodating the parking requirements of Sol Billiard Hait. Aiso for your information, the striping of the parking area will be completed by June 30, 2000. N1r. Pong Yun Kim will perform any work required per our agreement. Siucere(y, ' � i '�� GG��-�----- i L'i s� / y Jim Schathauser cc: File Pong Y. Kim � Qo -i��-y�y SHARED PARKING LOT LEASE This LEASE AGREEMENT made the lS day of ��F�!'�,/ , 2000, between the parites �— 7iffy Lube #47, located at 6S0 North Snelling Ave., St. Paul, MN 55104, hereina8er called Lessor, and Pong Yun Kim; d.b.a 3oi Bdliazds, located at 681 North SneIling Avenue, St. Paul, �N 55104, hereinafter called Lessee. WITI�'ESSETH, that in exchange for good and valuable considerauoa, the Lessor hereby grants to the Lessea the right an@ permisszon to use and occnpy the follo�ving described premises: Parking lot at 650 North Snelting Ave., S� Paul, MPi 55104, consisting of 10 parking spaces. USAGE: The use of the premises shall be for the purpose of accommodating the additional parking spaces for Sol Billiard's. TERiVI: This a�reement shall be for a period one yeaz from the date of the lease a�eement with further privileges to the Lessee on like terms from year to cear for one addirional yeaz untess terminated as hereinafter provided for and under the follow terms and conditioas: 1. Tha Lessor or Lessee may tetminate this asseement for any reason. 2. �torice of termina[ion must bz siven in writin� to the Lessor or Lessee 30 days prior to terminarion. V TT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this �day of /'�'��, BY ,� � -�-'� Lessor `"BY / Lessee 1 <<?,�-�.�.��. �,��, � �Vitnesses: 2QQ0. � � � O � � /,7 � / a � �~ 55� � � '. 1 J4.$ y X fi � � 3's,a �� ,r;: $ -�` : 3a.�� . K � 3i5' 6 �.N � 3n W— ; e ;:�. ^.� c �� d 3a6 - �SA Y `E �� 64AIk AVE. M "' , � :�a ' � 5 � , NN– 4 . � —__�i=.__ Rcuv,c m �� ! :�u[w n 0 � i� 1 co�L Awer L_�..�. .. �.. . � 4'CervG. AvReH I '_ ' ' _wm vr� � I LVVG Y YYryJf� FlOOR SLAB ELEV.�23].W IWO�MO I . J p' CONC I.PRON , ss _� • • FJYei�v4 5' 3fcEwrryc �: •. . - 6P .' �,fc2 i : =: . . �362 � 765� .' �2 Z�' I 36�A � oIt(�d�, I • «�� 11 � l Bv. cue V 3)0 I 36.] � b' _.. n I �irs.i �--- ---- i � �` . �. � I 13 322 � I N � Sotc 6,lt,a�d'> _$' W � J J I 3?0� O � a I 3a1 9¢ J5.3� � 360 NI 36 � �z �� W S�L $il.l.i+ _; R , � sca�• i io� z. w� q� l SoE 6lll:,..d5 APPRov�o / 8 `( , � �� i 36� X�., _ //� /i i � 3`.a' � �ow � � Q � '� �'TifFy Lu6E'�z.va. 35� G � 3 s+ o 6 , n...�... 13�? 10� � SPwcEn L�ny 5'�� ' �� L e I�" 5 aESE4vEd fo�t Sol 6'� ;q (. '��o�� O O O�� OO i4 SPaces n'• � .�`< as� � � � � 3eJ` I �t'�� ....ino.no-._ � "" � � p o - �/7 February 15,2000 From: Mr. Pong Yun T{im Sol Biiiiard HatI To: Mr. James Zdon City of Saint Paul To: Mr. David Cagne Midway-Hamline Coalition RE: �DDTTION SIGNAGE • Tn a true and sincere effort to work with the City and the Midway-Hamline area neighborhood, we will post the attached additional siana2e alon; with the norm signage indicating the availabiiity of parkiag at Jiffy Lube. Our adjaceut business neighbors are: American Auto Trim � Open blonday-Friday !$:00 A�I to 5:00 PNI Metro Automorive Open Monday-Friday /7:00 P,Di to 6:00 PbS Dan's Fans Citv Open Monday-Thrusday /9:00 A�I to 8:00 PrI Friday-Saturday / 9:00 :��I to 5:00 PvI Sunday / 12:00 P�I to 5:00 P�I I believe that our patrons will respect the request to use the off streei parl:ing thai wil! be available for them. `Ve enjoy a good relationship at present with our neighbors and want to maintain the goodwill of all. Sincereiy, Pong Yun Kim � o� - i�� -y�� a 558 � ATTENT�ON GOOD CUSTOMERS We are ASk.11l that you lease use our BACK PAF:KING LOT or JIFFY LUBE PAF�KING whenever possible AND � " NOT Park on Snelling Or the other Side Streets BEFORE 7: �}0 P.M. This is to Help our Business Neighbors who do not have +OFF STREET PARKING � THANKS ZONING COMMITTHS STAFF REPORT FILE #00-117-484 l. APPLICANT: Pong Yun Kim 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 681 North Snelling Avenue 4. PLANNING DISTRICT: 11 DATE OF H�ARING: 2/17/00 5. LEGAL DSSCRIPTION: Lot 2 Block 2 Hopkins Second Addition to St. Paui 6. PRESENT ZOIdING: B-2 ZONSNG CODE REFSRENCB: §64.300(d), 60.534(3) 7. STAFF INVESTIGATION AND RfiPORT: DATE: 2/09/00 BY: Sames Zdon 8. DATE RECEIVED: O1/18/00 DfiADLINE FOR ACTION: 3/1S/00 A. PURPOSBc Special condition use permit and modification to allow a nine table bilZiard kall. B. PARCEL SIZE: The property has 33.5 feet of frontage on SnelI.ing Avenue and a depth of 120 feet for a total lot area of 4,020 square feet. C. EXISTSNG LAND IISE: The property is a vacant one story commercial structure with a gross floor area of approximately 1834 square feet. D. SIIRROUNDING L11ND IISE North: Commercial gift shop in a B-2 district. East: Auto trim shop, cafe and beauty salon in B-2 district. South: Auto repair shop in a B-2 district. West: Single £amiZy residence in a R-4 district. E. ZON2NG CODE CITATION: 64.300(d) of the zoning code identifies findings the Planning Commission must make to grant a special condition use permit. Section 60.534(3) establishes a specific condition for billiard halls in a B-2 district. F. HISTORY/DISCIISSION: On November 19, 1999, the Planning Commission denied the appZicant's request for a special condition use permit for a billiard hall. G. DISTRICT COIINCIL RECO2�IENDATION: To date, the Hamline Midway Coalition has not taken a position on the billiard ha11 proposal. � `J � a�- 558 Page Two � H. FINDINGS• 1. The applicant pzoposes to lease the vacant property for the puzpose of establishing a nine table billiard hall. Previously, the building was used as a martial arts school. The applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No alcohol would be served. The applicant has secured a parking lease agreement from a nearby oil changing business that would allow billiazd hall patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The recently completed Hamline Midway Community Plan does not recommend any specific changes to this particular commercial area. The plan does recommend specific strategies applicable to the entire community for strengthening relationships between businesses and residents and reducinq conflicts over parking in commercial areas. � b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use wi11 require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil changing business. The lease agreement, however, is insufficient. The lease lacks a specific reference to the number of parking spaces that will be leased, and also lacks a site plan that identifies the location of the leased parking spaces. Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiard hall patrons. The distance between the leased parking site and the billiard hall is approximately 250 feet and billiard ha11 patrons would have Co cross Snelling Avenue at an unsignalized intersection. With the lack of proximate off street parking within the immediate area, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Snelling, Blair and Van Buren thus adding to conqestion along these streets. c. The use will not be detrimental to the existing characte° of development in the immediate neighborhood or endanger tne public health, safety and general welfare. � This condition is met. The proposed billiard ha11 is a conpatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha11's Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use wiZl not impede the normal and orderSy development and in�proveznent of the surrounding property for uses permitted in the di.strict. This condition is met. The surrounding property in this B-2 district is fully developed. e_ The use shall, in a1S other respects, confosm to the applicable regulations of the district in which it is located. Except for the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condition use in a B-2 district subject to the following condition. "Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball caurts, dance hal1, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one hundred(100) feet from any front, rear or side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiard hall building to the sideyard of a single family residence in a R-4 district is 75 feet. However, the applicant has secured a statement from the same residential property owner who states he is in favor of the billiard hall and has no concerns relative to the bilJ.iard hall's proximity to his property. Tn light of this statement, modification of the 100 foot distance condition appears reasonable. 2. STAFF RECOMMENDATION: Based on finding 2b, staff recommends denial of the special condition use permit for a billiard hall at 661 North Snelling Avenue. � . � 00-558 � SPECIAL CONDITION USE PERMIT APPLICATION Sain! Paul Zoxing OJfice II00 Cit}� Hall Anner 25 i3�est Faurth Street Saint Paul, MN 55102 266-6589 APPLfCANT 2oning office use nnly � .fite ncr_ . �U �" � , t t � " t i Fee - .`-�C1� i : f�J� �::, `Taniative hear�ng riats '..: _-.�- ''f �. ::��>., Name of owner (if differe Legal description: �J� 2 Current Zoning Fj- � PROPERTY LOCATION Address (o�j4� �p SN�.II«c}'��. city�'C. �Au t St �kN zip SS�o9 Daytime phone b5l• 6�f4- 2�� <<ooa4 �s � tcach TYPE OF PERMIT: Application is hereby made under the provisions of Chapter �O Section 53� , Paragraph 3 of ihe Zoning Code for a: �Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor SUPPORTING IhF�RMAT{ON: supply the information 2hat +s applicable to your type of permit (attach addit+onal sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITfONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ,,� S�b a�R��.d. � �. eoJea L�Fc.c� t c.o�.�.;�, o��T 2, rj �T9 F1R�1' G�n1ER F�( RR�A 3 • LEwsc �rzE€ N•z•�T � �� L��, , �k. C3us, { PsRk �Iout�s rj . �.E'C't6.2 / RESi�e,�'fi��aL PaorE�cE'� O(.ON£JZ is �1` 33�� c" S d� Applicant's signature �•r1-�—=-•.'� �- Date ��g ZG�bL�ity agent C�� c (7�t��.. � �20�� Gj��,��------� ` -� [ S _ �. e c� o C�(1.0 C��tR-� '�2c� ��2.�-( (�`c� �'( j�J . � V� 4...�,\ t tJ � � `L ��-• �'�.l , ��.1 S� ° `-� ��-� �1 Z.t> lu t �1 � �,p�1M�5S l D I� `C" .V'.1 �n,e w. `t � v�n �-� C,ar.s ek-fZ. �.l � vv. 14�, � D� +J £-�- n� �nf ��20�. (tz� �. fR�- � �o ea-�"� �-� b8 l `�� SN �-�c► u � -�✓�. ��C, �� ( . � -� �n+�}v�. I� �£tZbc{�t �I'c��rn�N�' w � tt� � `�o� t�u �.� � � ��',�. `C�n� -�c�o�� `� � . - � ..� S �e�-�-� ��d��.-� t��oN ��s �2�C�� c o�� P . C�.�oac�� l�ts � ��+a�� -�-�,�, �n.�.. c� � d-� 5�. �'��.I . ��N� r � , G ��-�- � � �.c N �'jD0 l�,t IN� � � W t�l £12 � �-55g � � January 16, 200� Pon� Yun Kim 68=� North Snelling Avenue St. Pau1, Minnesota 55104 Saint Paul Zoning Office 1-100 City Hall Annex 2� West Fourth Street St Paul, Minnesota 55102 Re: Specia! Conditiofi Use Permir /Bi!liard Hnll Zonir�g Code 60.534 (3) Dear Sirs and Madams: I am applying for a special condition use permit in regards to the following: I. II. ADDRESS/LEGAL DESCRIPTION 33 39 23ll 0024 0 S 625 681 North Snellin� Avenue St. Paul, Minnesota 5510�1 PROPOSED USE Special condition use permit to ailow a billiard hall within 100 feet of an adjacent residential lot. My intent is to operate a small nine (9) table "Korean" fashion billiard hall. Business hours will be from 12:00 p.m. to 1:00 a.m., seven days a��eek. No alcoholic bevera�es will be served and none allowed on or about the premises. There are a num6er of good reasons supporting this location: 1) Several Korean business establishments are in close proximity. 2) Attract a greater amount of the Korean community business doilars for myself and also for the general surrounding businesses. 3) Koreans love playin� billiard's, but not pocket pool. The majority of tables in the cities are the pocket version. 4) Most important, it will give the Korean community both young and old a culturally orientated place for enjoyable entertainment. 5) At the same time, provide a unique setting and enviroment for patrons of any ethnicity. 6) I have had previous experience mana�ing a billiard hall and plan to operate this business geared with respect to good fami]y values. � III. ZONING CONDITIONS � 1. Section 64.300 (d) (I-5) (General Conditions� a. Paragraphs #'s 1, 3, 4 and 5 are met. See recent Zoning File #99-368 dated Novem6er 19, 1999. b. Paragraph # 2, regarding "adequate ingress and e�ness to minimize traftic congestion in public streets". Our particular use requires an additional Ten (10) parking spaces. We are not seeking a variance. The additional spaces required are bein� met by a Lease agreement �vith Jiffy Lube corporation �vith respect to their store �47, located at 650 North Snelling Avenue, St. Paul, Minnesota SS IO�F c. Please find the enciosed copy of lease a�reement. d. Please f nd an enctosed tist indicating business hours for Store #47 and the billiard halL The peak operating hours of each business do not overlap itt any manner. e. The distance bet�veen the shared parking lot and the billiard hall is within 300 feet_ 2. Section 60.534 (3) (Ad'lacent Residential Propertvl a. Our building is only twenty-five (2�) feet short of the required 100 feet separation between any residential lot and a biiliard hall. This condition is beinQ met through an a�reement with the propertm• o«mer. The owner, Mr. David Berdahl is to-wit forgoing and waiving his rights and claims to the protection the zoning code intended to afford him as a residential property owner. b. Please find the enc[osed tetter of affirmation from Mr. Berdah[ as �vith respect to his property located at 1594 Van Buren Street, St. Paui Minnesota 55104. e. This is not contrary to either the intent or spirit of the code requirement condition. IV. CONTACT PERSONS 1. Mr. or Mrs. Pong Y. Kim Phone 651-644-2068 [I0:00 a.m. to 9:00 p.m. except Wednesday] � 2. Richard Wiplinger � Phone 651-776-0738 [or the above at times] Do- 55 � � �_� V. WRITTEN CORRESPONDENCE Please send all mail to: Mr. Pong Y. Kim Sole Cafe 684 North Snelling Avenue St. Paul, vlinnesota 55104 I respectifully submit my application for your approval. Sincerely yours, P/ ong Y. Ki�� L� PARKING LOT LEASE This LEASE AGREEMENT made the i_' day of � �E.o�E;�, 1999, between the parties Jiffy Lube #47, located at 650 North Snelling Ave, St. Pau1, MN SS104, hereinafter called lessor, and Pong Yun Kim; d.b.a. Pong's Billiazds, located at 681 Snelling Ave N, St, Paul, MN 55104, hereinafter called lessee. WITNESSETH, that in exchange for good and valuable consideration, the Lessor hereby grants to the Lessee the right and permission to use and occupy the following described premises: Parking area at 650 North Snelling Ave, St. Paul, MN 55104 USAGE: The use of the premises shall be for the purpose of accommodating the additional pazking spaces for Pong's Billiards. TERM: This agreement shail be for a period one yeaz from the date of the lease agreement with further privileges to the Lessee on Iike terms from year to yeaz for one additional year unless ternunated as hereinafter provided for and under the following Tc�ms and conditions: The lessor or lessee may terminate this agreement for any reason. 2. Notice of termination must be give in writing to the lessor or lessee 30 days prior to termination. IT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this '� Wihiess• � i: Z. 2. day of �-� C�Jx�, 1999. BY/�M� i�;U✓.//,f(��„�ct�.— � Lessor BY �., Lessee � � � oo- 5 5 � � January 16, 2000 BUSINESS HOURS FOR SHARED PARKING / PEAK OPERATING HOURS Sol Biiliards Hall 681 \o. Snelling Ave. St. Paul, MN 55104 Sunday thru Saturday --12:00 p.m. to 1:00 a.m. *x Anticipated peak operatinQ {tours are 8:00 p.m. to 1:00 �r.►n. Based on � previous mana�ement of billiard !ta[I for fve vears and inquirin� at otlrer lta[l's in St. Paul area. Jiffy Lube # 47 650 No. Snelling Ave. St. Paul, bI\ 55104 Nlonday thru Thursday --- 7:00 a.m. to 8:00 p.m. Friday --- 7:00 a.m. to 6:00 p.m. Saturday --- 8:00 a.m. to 5:00 p.m. Sunday —10:00 a.m. to 5:00 p.m. "x peak overatina liours are 7:00 a.m. to 2:00 p.m. Based on statement ofJiffi' L:�be's oneratintr mann�er. Mnrc LeForfe. � ________________________�� December 21. 1999 Saint Paul Zonin� Office 1400 City Hati Anner 2� West 4` Street Saint Paul, MN �� 102 Re: Private Residence at 1594 Van Buren and Potential `'Sol" business at 681 NoRh Snelling Avenue; Pong Yun Kim, Sole Proprietor To �vhom it mav concem: I ha�-e spoken with the proprietors of the future "Sol" business that is to be opened at the address above. It is nry understanding that they need a special city permit to operate this type of business cvithin 100 feet of my rentat property at I594 Van Buren Avenue. We have discussed several • issues inctuding: added traffic, late hours, noise, potential personal liabilit}� to mysetf impact on property/rental values, etc. After some discussion and voicing of concem, we have reached a private written agreement, which resolved these issues. Therefore, as long as they abide by the terms of the private written a�reement, I have no reservations about allowing the business to receive its special permit that allows their business to operate within 100 feet of my property. Furthermore, I have made two parking places available on my property for customers or employees of "Sol." I w�ill personally appear at any meeting, hearing, or committee and support the issuance of the permit needed to opea this business. Sincerely �L � �� David BerdahI � 00 � � � �� .ti� _ � _� :+ � � d � � � a . �--_______ �- ;,�_�z -, r sXb =- = � 5 '`� i � 3�qe1 - - �_� --- — - � f �...- - 5xb sxb � ��9�1 � 3 19w1 � — t .. -: _ _ ------ i — --� � sx�, sxb � `- 3 � 9 �, 1 _ e�°�ti� ' _ I � - -{ �-- - � -- S�'b L= - - - - --i _ �19'i'1 � — --- - -i —. g _.,� �--- - -- -- - ' �--- - . _ _` � ��- i - i .n ,,� � � b -- _ h. I v� s — 9�"� m _ Q xu �. � � I � �'- �' S ��...L-� C _ �� CL �a�a� 6r,�o�+d I� � -----------•�nvN�xnst�n---- ----- V d � m � � � � �^ _ � a xo4. � � �z � m �� ' � �° a � +� � � � B � �e m i: � � � i� V � O h 3 � n d � � a � x F a ° � � I � � w r e U � � � < v � � in py � N H � b a N {� m �� -� F b y $ 64 m H qqq b ❑ � � a�wa$ wnd °eu?t["'S s � c M x � � a v u q a x � � N �) N � � � Z — — — _ _ _ — _ __''��'Zg _ _ _ — _ _ _ _ — � � Gb-558 CITY OF SAII�TT PAUL � CONSENT OF ADJOIti'NG PROPERTY O�,VNERS FOR A SPECIAL CONDITIOt�' USE PERMIT R'e, the undersi�nzd, o��ners of the property within 100 feet of the total contiguou; description of real estate owned, purchased, or sofd b}' THE APPLICANT «ithin one year preceding tne date of this petitio,. acl:norvledge that�ve have been prz;ented with the folfo�ving: A copy of the application of �bKG' ��t� - �me of appficant) to establish a �J � �� aT2�1 '�T�" (proposed we) located at: \ Z, SQJ�I l �, �� ° \ p (addrz,s of ropecty) requiring a special condition we permit, along «ith any relevant site plans, dia�rams, or other documencation. `Ve consent to the approval of this application as it was explained to us by the applicant cr his/her represeatative. � sc �_J PiOTE: All information on the upper portion of this application must be completed prior to obtainiag eligible signatures on this petition. September 20, 1999 Pong Yun Kim 2880 Hiway 7 SE Mound�iew, IvN SS ll2 Ciry of St. Paul L.I.E.P. Lowry Professional Buitding 350 St. Peter Street Suite 300 SL Paul, MN 55102 RE: Special Condition Use Permit / Variance For Billiard Hall / Located: 681 Snelling Ave. N., St. Paul Dear Sirs and Madams: My request for a variance is in regazds to leasing a buildina at the above location for the purpose of beinQ able to open and operate a smal! ( I O table ) Korean sryle bitliazd's halL The site is currently being vacated by the current tenant, who operated a Martial Arts school there for the past 7 years. � I currently own and operate Sole Cafe located at 684 Snelling Ave. Iv'o. and would like to take � ad��anta�e of this site openino. There aze a number good reasons for my wantin� this locarion and asking for your approval on a variance: (1) There are several Korean business establishments in close pro�imity and do attract the I:orean communiry to the area. (2) Korean's loee to play bi[liazd's and not pocket pool. Though there aze many fiall's in St Paul, the majority of tables offered to play on are the pocket type. (3) ICorean s tend to be clandish and lil:e to congre�ate together in one place. (4) I could provide the needed place for Korean's and at the same time provide a somewhat unique enviroment for American clients. (5) To build or lease at other locations ( I have looked at other empty sites ) aze out of my financial capabilites. (6) The proposed site is directly across the sh from my cafe, which is an added manaoement convenience for me. Also, I am familiaz with this azea and people are familiar with me. I try to run my business wetl and I don't put up with people ihat can not beha� e. There will be no drinking of alcoholic bevera�es on or about the premises, nor any type of han�ing around will be allowed. I want my place to be a billiard's hall where a family can come and enjoy a game of billiard's, without any of the tuff "pool hall" stuff. I sincerely submit and request that you approve my application. Respectfuliy yours, /l� Pong Yun Kim � �� J 4 �. - _ w �/ JV � �� ..r P� . .. : - �. � , � 1 i � � I fl � 9 r � �S D � � � � � � � � t i i � 1 � �. A' ui .�I m � � U� // � � r4h , r� „ , - � _ ; j t'o . —-,A9 " ��3 �� a1�11 I ��°i m c.'6 cn � vt 6 ; � , m m p+ , . � t� ' � �I 1 t N � , .� � �;! ' t =`�r ' " —�_ t � '� � ' '' .�5�6 � I ` t ; _' f_ 3 J ° l a 1 ( i 1 � u �� .J � � c�� i � n—� �� y b i.A —i r IU'� cn m � n+ ( � � i m '•i i � 'v3�.37�?'b3d � � � �8 -,£s ,�O a� ��5 � w �a � 9 � .� � k � � � ` J oo- 5 58 l3LAt2 �U�. — — --I — — — — i � � �� o � � � �� l� - � r� �- � °� � � � G rP1 �� Ip � . � � p � 9 ' � �� e''f � ?� Q ?� � �� 9 r • � C ; tia ( R u �N a ��.. � .^ — — i � . n � � � � �� • t— ��' t ----------- -------_. � � � � � r i � f '� ♦ \ t �� .r � � a� � r� � � � � a � � , � � I t s { \ r � � 9 � �' �3 � ! � �-558 R�� o� K�� F�d b8��,5��k;�,� ��. I 55 ` ----�-� � � � � a � � � � � � � � � �� V � .' ' • �� : � �- _-. � � M� � r � w - �"�'� t� � (� SrR �� v � � � �.♦ � 0 • � � September 20, 1999 RE: Business Hours / Shared Parking 1. Pon�s Billiards ( Kim's ) 681 Snelling Ave N. St. Paul, MN 55104 2. Sole Cafe 684 Snelting Ave. N. St. Paui, MN 55104 Days & Hours: M-T-Th-F-S-S 12:OOpm--1:OOam �Ved.---Closed M-T-TH-F-S-S 11:OOam--1:OOam Wed.---Closed � 3. Kim's Oriental Foods 639 Snellin� Ave. N. St. Paul, MN 55104 M-T-W-TH-F-S 11:OOam--7:OOpm Sun.--12:OOpm-S:OOpm � . � Q � _ w z Z � � u � !� i j I, � % ; , � � i i I i i i I I I j � � L� i ' i I � f W � � m � ; , � , , � ! � I � � � , � � ASBURY � � ; � i � i i i � I ' ~ � � � � i I � � i I � I � I I � I � � I SNELLING i � ' I f; � � � j ' f � � � � �� I . .. FRY 00-55� � I ; I � � ' ' --- - -- I I j _- � I I I --- - �� -- --- � � i - - -- I � � � ..----- � I - -- � � � � � • � 1. SU�iRAY-BATTT,ECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERIIY HILLCREST 3. WFST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END 7. 8. 9. � 12. 13. 14. 15. lb. z�. THO�fAS-DALE SUMMIT-UNIVEF2STIY � WEST SEVENTH COMO HAMLINE-MITJWAY � ST. ANTHO� PARK MERRiAM PARK-LEXII`TGTON HAhff.Iiv'E-S?r'ELLi`�G FiA`SL:.�� MACALESTER GROVEI.A_�TD HIGHT_AND SU�iMIT �.T" DOtiVivTO�VN � � _� ,, /�7 ��y � CITIZEN PARTTCIPATTON PLANYING DISTRICTS cb-558 � ` �_� � 1 , __ -______l � � _�� __�___JI �-_ 1 . : . �, ��`.�.�,...o. .e...... .. , �� — � � � ; � .; _� � HAMLINE—MIDWAY h ♦ i " ! f i c ' � I r ' I L'� �u � —__ �t� �� 1 - �■ = �� - - �� 1 ��- ��,:�. �_-= =� � 1 �� "" � � � ---.:�i:�=�:_ -_ �'i � :i 1 �'� � � � �'� .� ' i � . � � � ��: =i � ��u�-��,�w � �� `� I!-�,� II�`�II �� ;�� DISTRICT 11 P� x0 1000 '"'�O _ �a +� s«o s�� ,„ �� I �� 0 � . . :: . }n` –�– -� -- --G� O _ O �"L O O O c � o� _ �! `, C L . ; ^ :i -- ` }- � , � � � - I� �!d,� -- , 0 30 � • •�� • • • .....s.,.�.. •{• •� Q � 1 ��I� A�/C. y�t+N (3v�e �n ��OUOC) ' {-{� ir'�� C ' i T : O �� i I � OIO�p¢� AV E. ?�o��'� G ' � i . o ��o AVE. ��' � <<€ ��':�� o�o,aEa ' t F t � c-; c �:� � c=� i � v� ^, � ; �., � �� , �;��¢�¢, � o � a ' ! —� ` � - � � -Q °� � 6 � � P ^M�£�V'� � F �� I t . . '. i. I� . 8 • �_ , ,-o�a i; -.; � �: � Ci G :�; � : 's C k ' k � �,�;�• 0 , � � V f b Od1� � �— pf �.� ! i ��_��, � � ,, �. ; :.r' t � , }� o�� i !s � •� � . . �� ¢i0 ' ��O�C�It � �, � � �� 0 0��1� �00�� o i 0 o�o;c o � O O Q �� Q ' : , r .�;��. _ o - � cr � A R-fL�i10E"� , �- � � ; ` ` "' - ;` m O �.1 �. �.'� ` '„ � �f�� A"�'�R DUi17Q Q O " `'. F � " - i .;? � O F � _ O -_ � � ' '� .� �; �� ,.� a�uc�r:T � �-��—_ LEGEND J�?OSE �C�(� �--�—.. zoning districl to;:nd2r i�— �E � 1' �G�/9[C DATE_ ��-ZS �' suSjeC prope��y _�:G D;S7� b.tAP ;,_i�? —_ o one fan�ly � bs� � G i:;7 �Z,T.iI� ;+r�cf � , ...—� r'-✓.� Cl'J!;i�l� Idmi;; �a o �� r o'�� l�` , ; p;0 �^ � / � n a rth�- • � � CGRIff.�?:� ?' . � r... Il1�'JS::i2 `� Va;d�'li ' A Mr. Pong Yun Kim's permit for a billiard hall at 681 No. Snelling Avenue: Motion to deny appeal, upholding the findings of the planning commission. vo�5 58 /� � -- _ �� 2 Morion to rant a � � �, ) g ppeal, thereby approving the SCUP, with a�i�d'�'aex�of the special condition for a 100-foot separation between a biliiazd hali and adjacent residential properiy, based on meeting the requirements for modification of a special condition in Section 64300 (fl (1) of the Zoning Code, subject to the following conditions: 1) Lighring be added to the reaz parking lot using cut-offfixtures that don't shine into adjacent residential properry; 2) Reaz pazking Iot be restricted to staff use only; 3) SCUP would expire if the lease for the 10 spaces at Jiffy Lube is not renewed, or ��' no1 replaced with 10 spaces of off-street pazking within 300 feet of the billiard hall. , expires with the termination of this business, under this ownership. ��i.c �4n�,u�.0 �� '. r�� U�� _--__,! � • •. : Yun Kim Pong Y�(in Kim Hall — 681 appellant �nin�ommission denied �m a B-2 Community Section 60.534(3) of the ; Avenue \ � for a SCUP). S d go st, after SCUP to on the c� 64300(d) - parking requ'irement is across Snelling at ur traffic and parking will likely burden the neighborhood; 60.534(3) - only 75 feet fr�,�m r�,cL� �.-.�=s ��'�^„ e billiard hall to 5ection 64300( intersection, ( � The Council finds that there was an error in one or more of the findings of the Planning Commission in that� p �. xu� �r s�� u,��- �� ►� y��,�J� �� 'u. p�u�ciuq a��euv.uF �'y ��te ct�c. d,at�A wc �12t9uuc fi d�a(iuf 1�t kha�t s tM �au.F �i ' �' b � Vu�c«bfc� d�u � ��t� c�s d u � � 66a �cP�,a ��a r�Q � �zae�� e, ��t¢e�wwu¢ !v� �c t2ei�tb�� wr. ❑ Council File # 0 O � �d�Y Green Sheet # � � 3- °t 7 �Y RESOLUTION CITY OF Presented By Referred To Committee: Date 2 WHEREAS, Pong Yun Kim, in Zoning File 00-117-484, made application to the Saint 3 Paul Planning Commission (hereinafter "Commission") for a Special Condition LTse Permit 4 pursuant to the provisions of the Saint Paul Zoning Code for property com�nonly known as 681 5 North Snelling Avenue and legally described as Lot 2, Block 2, Hopkins Second Addition to St. 6 Paul; and 7 8 WHEREAS, the Commission's Zoning Committee conducted a public hearing on the 9 said application on February 17, 2000, after having provided notice to affected property owners 10 and submitted its recommendation to deny the application to the Commission. The Commission, 11 on February 25, 2000, moved to deny the application based upon the following findings and 12 conclusions as set forth in Resolution No. 00-16: 13 14 1. T'he applicant proposes to lease the vacant property for the purpose of establishing a nine 15 table billiard hall. Previously, the building was used as a martial arts school. The 16 applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No 17 alcohol would be served. The applicant has secured a parking lease agreement from a 18 nearby oil changing business that would allow billiazd hall patrons to pazk at its facility. 19 20 21 22 23 24 25 26 a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. 27 28 This condition is met. The recently completed Hamline Midway Community Plan 29 does not recommend any specific changes to this particular commercial area. The 30 plan does recommend specific strategies applicable to the entire connmunity for 31 strengthening relationships between businesses and residents and reducing conflicts 32 over parking in commercial areas. 33 34 35 36 37 38 2. Section 64300(d) of the zoning code requires that before the pianning commission may grant approval of a principal use subject to special conditions, the commission shall find that: b. The use wi11 provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use will require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil PAUL, MINNESOTA �d ss� 2 changing business. The lease agreement, however, is insufficient. The lease lacks a 3 specific reference to the number of parking spaces that will be leased, and also lacks a 4 site plan that identifies the location of the leased parking spaces. 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiazd hall patrons. The distance between the leased pazking site and the billiard hali is approximately 250 feet and billiazd hall patrons would haue to eross Snelling Avenue at an unsignalized intersection. With the lack of pro�xnate off street parking within the immediate azea, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Sneiling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. The proposed biliiard hall is a compatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha1P s Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding property in this B-2 district is fully developed. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is tocated. Except far the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condirion use in a B-2 dish subject to the following condition. "Bowling alley, billiazd hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, or similar forms of indoor commercial recrearion when located at least one hundred(100) feet from any front, rear ar side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiazd hall building to the sideyard of a single family residence in a R-4 district is 75 feet. While the applicant has secured a statement from the same residenrial properiy owner who states he is in favor of the billiard hall and has no concerns relative to the billiard hall's proximity to his property, modification of the 100 foot distance condition would not protect future residential property owners and tenants from tkais type of use. -2- �d �� 2 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Plauning 3 Commissaon denies the special condition use permit for a billiazd hall at 681 N. 4 Snelling Avenue. 6 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Pong Yun 7 Kim on March 17, 2000, duly filed an appeal from the deternunation made by the Commission 8 and requested a hearing before the City Council for the purposes of considering the actions taken 9 by the said Commission; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, acting putsuant to Saint Paul Zoning Code §§ 64.206 - 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City Council on April 12, 2000, where all interested parties were given an oppomuiity to be heard; and WHEREAS, the Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission; DOES HEREBY RE50LVE to reverse the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. Acting pursuant to Legislative Code § 64.207 and recognizing that the proposed billiard hall meets four of the five required findings under Legislative Code § 64300(d), the Council finds that with the imposition of appropriate conditions the proposed billiard hail can provide ample pazking which can minimize automobile traffic congestion and thereby enable the billiard hall to comply with all the conditions under Legislative Code § 64300(d). The Councii finds that patrons using adjacent, on-street pazking will utilize the proposed billiard hali primarily during hours which are different from the operating hours of other businesses near the proposed billiard hall. The Councii fiuther finds that the operators of the proposed use have secured a lease for ten (10) off-street parking spaces at 650 North Snelling Avenue to serve the proposed billiard hall. 2. Although the proposed billiard hall lies within the required distance sepazation setback set forth in Legislative Code § 60.534(3) for billiard halls and residential uses in B-2 zoning districts, the Council finds that the applicant has secured a statement from the owner of the residentiai property at 1594 Van Buren indicating that the residential property owner is in fauor of the proposed use. The Council notes that the applicant's attorne� has indicated the applicanYs willingness to record a declaration of a modification of the separarion requirement in arder to give any subsequent prospecrive owners of the property at 1594 Van Buren notice of the existence of a separarion setback modification. The Council therefore finds that granting a modification of the separation requirement in Legislative Code § 60.534(3), as provided for in Legislative Code § 64.300(fl(1), will not impair the intent and purpose or be otherwise inconsistent with the general goals of the City's zoning ordinances. -3- Oa-ss� 2 AND, BE IT FURTHER, RESOLVED, that the appeal of Pong Yun Kim from the 3 decision of the Planning Commission denying his request for a special condition use permit and 4 modification of special permit conditions is hereby granted subject to the following condirions: 6 1. That exterior lighting is installed for the billiazd hall's rear parldng lot. The lighting 7 fixtures shall be the "cut off' style which shall not iiluminate or otherwise cast light into adjacent 8 residential properry. 10 2. That the rear pazking lot of the billiard hall shall be restricted to staff only and shall have 11 12 13 14 15 16 17 18 19 20 21 22 signage stating the restricrion. 3. That the special condition use permit shall be revokable, subject to the provisions of Legislative Code § 64300(h)(2), in the event the lease for ten (10) paridng spaces at 650 North 5nelling Avenue is canceled, teiminated, modified or otherwise not renewed or replaced with 10 off-street parking spaces within 300 feet of the billiard hall. 4. That the special condition use permit shall expire with the tennanation of tlus business, under this ownership. AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Pong Yun Kim, the Zoning Aduiinistrator and the Planning Commission. Requested by Department of: 9y: Form Approved by City Attorney By: 8,.: � � �� -- / �� yy � ApprOVed by MayoY: Ddte ��L( _(�.E.i/ By: Approved by Mayor for Subsission to Council ay: Adopted by Council: Date ��c""F� Adoption Certified by Counci 5ecretary JO- S�� City Council �„��„m 7une 7, 2000 GREEN SHEET No 1 �4� 3!�8 ., :.-i 7une 7, 2000 �� ao�nxc orto� TOTAL # OF SIGNATURE PAGES �.,�,��.� � m.,,,,� ❑ �� _ � wuxa.�,�u�s m� � A,.�r,u.,�m.a.� ❑ wvaiprtwsru�n ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Resolution finalizing City Council action granting the appeal, with conditions, of Mr. Pong Yun Kim to a decision of the Planning Commission denying him a special condition use permit for a billiard hall at 681 North Snelling Avenue. � PLANNlNG CAMMISSION CIB CAMMIITEE CIVII. SERVICE COMMISSION� SOURCE rlas mis pewoNfinn erer Nwlwa under a cwitrad ro. mis departmenn YES NO Has mis oeisaMrm ever been a dty empbyee? . YES NO Does Mis pereonlfirm posseas a sldl� not �wrmalrypossesseE bY any curteM dry emPloycel YES NO k ttiis pereorJGrtn a targeted ventloR YES NO a- COSTRtEVENUEBUD6ETED(qRCLEONk7 ACTNtTYNUMBER YEE NO DEPARTMENT OF PLANNING & ECONOMIC DEVELAPMENT 00-558 �ty crrY oF s�rr PAU� Norm Coleman, Mayor Mazch 24, 2000 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: Zhvt.non ofPtanning 25 WestFourth Sbeet SaintPauZ MNSSIO2 Telephone: 612-2666565 Facsimile: 612-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday April 12, 2000 for the purpose of considering Mr. Pong Yun Kim's appeal of a Plumnig Commission decision denying him a special condition use pernut for a billiard hall at 681 North Sneliing. Applicant: Pong Yun Kim File Number: dF69�i�d8�4 # oQ " �a �' 93 G Purpose: Appeal of a Plazming Commission decision denying a speclal condition use pemut application for a billiard hall. Address: 681 North Snelling Legal Description See file. of Property: Previous Action: Plamung Commission Recommendation: Denial, vote: 11-4, Mazch 24, 2000. Zoning Committee Recommendation: Denial, vote: 5-1, March 16, 2000. My understanding is that tkns public heariug request will appear on the agenda for the April 12, 2000 City Council meetntg and you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6559 if you have any questions. Sittcerely, �� a�i✓��/d � ames Zdo� City Plann r cc: File #00-117-484 Paul Dubruiel Cazol Martineau Allan Torstenson , �.�. _ NOTICEOFPDSidCfmwanvG The Saint Pau1 GYty Councitwill conduct -a publlc hearfng on Sf(ednesday, APril 12, 2000, ai 5.89 p.m. in the G�ty Councll Chambers, Third Flooi, City, Hall, to conaidu_the appeal of Mr. Pong Yun Kim W a decision of the Planning Commission denying hiin a sPecial conditlon use permit for a billiard hall at 681 Alorth Snelling Avenue. Dated March 29, ?A00 � . xnNCYAPIDERSOPI � - , A¢¢tatant`C11}'CoundlSCCietari' _ � - (FIar.31} _----'�Q,.'�PAOLIEfraSLIEDGER � G � �SL� � `°°�.'i5 �� {9��.F DEP.�IRTMENT OF PLAi�1�I�G & ECONO.�fIC DEVELAPMENT � � CTTY OF SAIN'T PAUL Norm Coteman, Mayor March 29, 2000 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #00-121-936 City Council Hearing: Pong Yun Kim De,esron ofrm,mtng 25 GtiessFossrth Snee[ SamtPauC MN55102 00-$58 7etephone: 612-266-6�6� Facsimi(e: 612-228-3313 April 12, 2000, 5:30 p,m. to 630 p.m., City Council Chambers PURPOSE: Appeal a plannuag commission decision denying a special condition use pemut for a billiard hall at 681 North Snelling PLANNING COMMIS5ION RECOMMENDATION: Deny, vote: Unanimous � ZONING COMMTTTEE RECOMMENDATION: Deny vote: �- 0. STAFF RECOMMENDATION: Deny SUPPORT. One resident spoke in favor ofthe permit. OPPOSITION: One resident spoke against the permit. DISTRICT COIJNCIL: The Hamline Midway Coalition's Executive Committee chose not to take a position on the SCUP application. Dear Ms. Anderson: This appeal is scheduled to be heard by the City Council on April 12, 2000. Please noUfy Allan Torstenson (266-6579) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sancerely, %/ ; � -. ` ��f��: � James Zdon City Planner cc City Council members Allan Torstenson � APPLICATION FOR APPEAL Department of Planning and Economic Development Zoning Section II00 Ciry Hall Annez 25 Wut Fourth Street Saint Paul, MN SSIO2 266-6589 APPELLANT I Name Pong Yun Kim AddfeSS 684 Snelling Avenue North Cj{� St. PauZ S{, � ZiP 55104 Dayfime phone 651/644-20E PROPERTY I Zoning File Name Pon�'s ailliards ��-� ) LOCATION ,yddress/Location 681 Snelling Avenue North TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais � City Councii under the provisions of Chapter 64, Section 300 , Paragraph (d) ando�l'he Zoning Code, to appeat a decision made by the PlanninQ Commission o� February 25, 2000 ,�_ File number: 00-117-484 (date of decision) GROUNDS FOR APPEAL: Expiain why you fee! there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Rppe2ls or the Planning Comm:ssion. See attached letter. � I !-� � iC . C � - � 2 �75 � s C� Att ach additional sheet if necessary) � � Applicant's signature�7'`�v-��; Date� City agent_�,,�� C7o- 558 _ , i' . � G H A R T E R E D 470 Pillsbury Cencer 20D Souch Sixch $treec Nlinneapolis M� 55402 (612) 337-9300 celephone (612) 337-9310 faz hap:lhvww.ken nedy-giaven. com KARE� R. COLF. AKOme� a: L�� DirectDial(6L) �3' `>'i' Er,•ail kwte�keanedy-m�en.<om. March 17, 2000 St. Paui City Council City of St. Paul 1100 Ciry Hall Annex 25 West Fourth Street St. Paul, MN 55102 Dear City Council Members: � Pong Y. Kim and Sunny Kim appeal from the planning commission resolution denying their request for a special condition use permit to operate a Korean recreation center at a storefront that is now vacant at 681 North Snelling Avenue. The center will feahire billiard tables of a type that is prefen by Koreans. The recreation center will be across the street from a successfiil Korean restaurant the Kims have operated for five years. The Kims propose to open a family-oriented business that will mesh well with the five existing Korean-owned businesses on the block. The recreation center will heip promote a sense of eomnninity amon� the Korean Ameiicans who will come to the block for meals, for �roceries and for companionship. The plannin� commission reco�ized that the recreation center is compatibie �vith the St. Paiil Comprehensive Plan and with the Hamline Midway Community Piau. The planning commission also recognized that the recreation center would noC be detrimental to the e�istin� character of the neighborhood. In fact, the use will strengthen the existing businesses in the nzi�hborhood. The planning commission resolution also noted that there would be "murimal impact upon residential properties" as lon� as the Snelling Avenue entrance is the sole entrance for customers. The Kims are anxious to be good nei�hbors, and have committed to using only the front entrance to reduce any inipacts on neighboring properties. The plannina commission also conciuded that the recreation centei wotild not impede the normal and orderly de�'elopment and impro� emznt of the surroundin� property. The planning commission resolution does note t�vo concems. lxi e belie� e, ho�t ever as explained below, that the City Council should find that concerns as to these issues ha� e been addressed, and that a special conditional use permit should be �ranted. r1 �J Kac-v��za� i su so-i St. Paul Ciry Councit March 17, 2000 Page 2 Am�le qarkin�yvill be �rovided and the recreation center will not cause h�affic conaestion. Most of the bi�sinesses in the block (such as the law office, chiropractic center, auto repair shop, fan shop and sewin� center) are closed by 6:00 p.m. In contrast, most patrons of the recreation center will arrive affer 7:00 p.m There aze plenty of parking spaces along Snellin� Avenue at that time. Pazking alon� Snelting �vill not create any congestion. In fact, the location of a different business in the vacant space with predominately daytime hours would create serious congestion. A business like the Kims' proposal would be far preferable from the congestion standpoint. To put to rest the plannin� commission's concems, the Kims have arran�ed for parkin� spaces at the Jiffy Lube location, which is within 250 feet of the storefront. Ten pazkin� spaces are available at the Jiffy Lube location. (An additional ei�ht spaces are available behind the store.) The plannin; commission resolutzon expresses some concem about pedestrian traffic between the 7iffy Lube parkin� spaces and The storefront. The ordinance provision cited by the planning commission, horvever, focuses on traffic congestion, not pedestrian traffic. _J The planning commission resolution su�gests that patrons will prefer to pazk alon� Snelling, Blair and Van Buren rather than at the Jiffy Lube location. There are several reasons this is incorrect, � First, parking at the Jiffy Lube location is just as close and convenient as parkin� on one of the side streets. And, parking at Jiffy Lube, where there �vill be numerous open pazkin� spaces, will be easier and more attractive than tryin� to parallel park along Snelling in the event that spaces are tight. Many of the patrons of the recreation center will also patronize the Korean restaurants and grocery market on the block. So, it is not correct that these patrons will be usurping spaces tteeded for customers of the other businesses. The Kims will prominently display signs in English and in Korean notifying their customers of the Jiffy Lube space and askin� their customers to use that space. The Kims will follow-up as necessary with verbal requests that the Jiffy Lube space be used. We believe these efforts will be successful, since the recreation center will attract repeat customers, and since these customers will feel a commitment to helping the other Korean businesses in the neighborhood. There �vill be ample parkin�, either along Snelling or at the Jiffy Lube lot, and traffic congestion �vill not be a problem. A 75-foot setback will not cause adverse im�acts and should be allowed. The planning commission resolution noted that the proposed use confonns to the applicable re�ulations for the district in �vhich it is located, except for a requirement that there be a 100-foot setback from residential property. The building the Kims will lease is about 7� feet from residential property o�,vned by David Berdahl. Any impact on the Berdahl property will be minimal because the property to be used by the Kims does not adjoin Mr. Berdahl's house, but only adjoins his gara�e. . tixainnsvt s��sai 00- 5 5� � St. Paut City Council March 17, 2000 Page 3 As noted by the planning commission, the Kims and Mr. Berdahl have entered into an agreement, by which Mr. Berdahl acknowiedged and a�reed to the setback. The Kims have a�reed to keep the area adjacent to the property clean and orderly, to discoiu loiterin� and to assure that any music is not audible at the Berdahl residence. Mr. Berdahl has indicated his suppoit for the Kims' proposal. The planning commission expressed concem that this anan�ement would not protect Fuhtre property o��ners. It �vas, ho�t ever, the intent of the parties (the Kims and Mr. Betdahl) that future property owners be bound by the agreement as �vell. Prospective o�vners of the property will be able to see throu�h physical inspection the distance between the Kim recreation center and the residential property. As an additional safeguazd, the parties will commit to recording a declazarion as to the property to put prospective buyers of the property on notice of the setback. In addation, the zoning code gives the City Yhe authority to impose conditions on a special condition use permit. Zoning Code Section 64300(e). The City can require that a declaration noting the 75- foot setback be recorded, to assure that there is fiill disclosure to any prospective purchasers of the Berdahl property. The zoning code also �ives the Ciry authority to modify a special condition use permit if problems arise. Zoning Code Section 64.300(�. The City may also revoke a special conditional use permit if any of the conditions are violated. Zoning Code Section 64300(h). It is � hazd to imagine how the existing 75-foot setback will create problems, especially since that setback affects only the Berdahl garage area. Tf problems do arise, however, the City has full authority to addzess them. The Cit Cotmcil should erant a variance allo�vin a 75-foot setback The proposed setback fiilly meets the criteria for a variance to allow a 75-foot setback. The variance will aliow a use that is reasonable under the zoning code. The use evill mesh well with the other small businesses on the block, pa� the Korean businesses. The setback issue arises from circumstances unique to the property (the layout of the building in relationship to the residential lot) which were not, of course, created by the Kims or Mr. BerdahL The setback variance is consistent with important purposes of the code: to group compatible land uses together. The pxoposed use is fully consistent �vith the other land uses along Snellin�, and �vill foster the development of a cluster of businesses servin� the Korean community. The recreation center witt aiso be consistent with the health, safery, comfort, morals and welfare of the City's inhabitants. No alcohol will be served on the premises. The Kims will assure that an orderly and wholesome environment is maintained. The Kims have a record of maintainin� an excellent atmosphere in the five years fhey have operated their restaurant, and would commit to maintaining the same excellent atmosphere at their new location. The Kims will create a family atmosphere, where young and old can meet to enjoy a game of skill, Korean culture and companionship. The proposed variance will not impair access to li�ht or air to adjacent properties and will not alter the essential character of the surrounding area. As explained abo� e, the recreation center will enhance the existing character of � the neighborhood. Nor would the use diminish property values in the nei�hborhood, since it will be compatible rvith the oYher small businesses in the nei�hborhood, and since the only residence icaai��zs�i SLI80-1 St. Paul City Council March 17, 2000 Page 4 affected is in prosnnity to the Snelling thoroughfare. The variance would provide relief from a setback requirement only, and would not provide for a use that is not allowed in the zoning district. Lastly, the variance request would make a reasonable use of the building and is not based purely on a desire to increase the value ar income potential unreasonably. Conclusion The Kims' proposal will fit we1l in the existing nei�hborhood, and will enhance the businesses that are already there. Ampie pazking will be provided. The business will have minimal impact on tke one residential properiy that is across the alley. The Kims respectfully reqaest approval of theu application. Very truly yours, KENNEDY & GRAVEN,CHARTERED l-<a-�o-,.�, f2 - �r2s� Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � � � KRC-177723ui SLL80-I ... ' � �• r— G H A R T E R E O 470 Pillsbury Cen[er 200 Souch Six[h Screec Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 f� http:/hvww.kennedy-gcaven.com I(ARE\ R. COI.F. Attome�' a� Lav Direct Dial (612) �_ 7-921= Emai6 kcoleCukennrAy-ara�znsrn:: vlarch 17. 2000 James Zdon City of St. Paul 1100 City Hall Annex 25 West Fourth Street St. Paul, MN 55102 DearMr. Zdon: Thank you for providing us a set of the materials you will be forwazdin� to the Ciry Council. We did notice that two doclunents that are part of the record were not included: 1) � 2) the statement of approvaUsupport signed Uy eight business oGVners on the block and the contract bet4veen David Berdahl and Pon� Yim Kim. These were both provided by Mr. Kim and Mr. Wiplinger at the planning commission meeting. I have attached copies of those two documents. We would appreciate it if you �could include them m the City Council's packet. Very truly yours, F:ENIVEDY & GRAVEN, CHARTERED �Gt^n-.t`�.. � Karen R. Cole KRC:cm cc: Pon� Yun Kim Richard Wiplinger John Choi � hiac-i--uc„ i si.isu-� STATEMENT OF APPROVAL / SUPPORT The propose of this letter / or petition is to obtain signatures of persons YhaY support or have no adverse concerus for our proposal to operate a Korean style billiard's hall located at 681 North Snelling Avenue, St. Paul, Minnesota. For your information we are providing the foltowing details regarding our business intenfions: • Nine (9) billiard tables • Decorated in Korean fashion • Hours 12 Noon to 1:00 a.m. • Seven days a week • Parking in rear, accessed by alley • Additional parking provided at Jiffy Lube No alcoholic beverages served or allow on premises • No loitering on or about the premises • Maintain clean and orderly premises • Promote a family orientated atomsp6ere L have read or 6ave had the above exptained to me. I have no objections or adverse concerns regarding the proposed billiard hall and give my approval and support to the endeavor by my attached signature. Name �� Address �1 � ��A1�V� l3l�S �� I6 . �..cc .:., � �� .�N��r v��,gy�L 6 0Z ��i/��il l'.vclJ �� h ` �i39 �ur�,',� q �o �! 1 �f/, S!J E �C-I ,UC �38 N. Szzl(t.,� � �J Date K�'rt OQ�E�ta�. c�, .� — �� r -�., - zo�d 1U1�( �i�oc ( L 7 ZO o e�. 3EWflEKy � Z z` �� 8£l(AS gE0.�d� ShoQ / � _ +�sro��'Ec1$EWi= /� � _Kap;e{ c�t Ch�N � — da �Rev��EC�£RUc b� 00. '�� y-� � �--:� Gbs58 Contract and Terms � � Party A: Party B: David Berdahl, owner of duplex at 1594 Van Buren Avenue, Saint Pau1, hN 55 ] 04 1754 Hubbazd Avenue Saint Paul, MN 55104 Sol, at 681 Snellin� Avenue North, Saint Paut. NIN =5104 Pon� Yun Kim, Sote Proprietor [n exchange for potential negative financial impact on propem+, increased potentiat personal liability, nuisances/inconveniences Party B a�rees to one of the followin� scenarios as consideration to Party A: 1) Prior to the above business opening, Party B can purchase Party A's property at li94 Van Buren Avenue, Saint Paul, MN 55104. The price shall be $105,000. Any closing costs shall be paid by the Party B. Party A will receive no less than $105,000, tess any net principal due to Party A's mortgaQe company. If the purchase is not completed by 11/;0/2000, then a new appraisal sha11 be performed by an agreed upon Minnesota State licensed appraiser and the sales price shalt be 125°/a of the appraised value. The buyer shall pay for the new appraisal if necessary. If either parry does not agree with the appraised value, they can pay, at their own expense, to have two more appraisals done by two different agreed upon Minnesota state licensed appraisers, and the price shall be 125% of the average of the three appraisals. 2) If Parry B opu not to purchase the property, then Party B shall pay Party A an amount of � I 15.00 on the first of each month at the address above. The amount shatl be paid monthly, in advance for the next month, starting on the date that the business opens and each month until the business closes. [f tfie business opens mid month, then a single payment of $3.75 per day for the remaining days of the month shall be paid on the day that the business opens. The amount of $ I I S shall be adjusted for inflation every 5 years, starting with the date that the business opens, based on the United States Consumer Price index and rounded to the nearest whole dollar. ;) ]f ori�inally opting for scenario 2, Party B has the option at any time before 7/1/2001 to purchase the property under the terms of scenario t. After 7/ll2001, their right to purchase the property under the terms in scenario I shall be null and void and the agreement will be on�oin� and bindin� under scenario 2. If Party A sells, dies, gifrs or changes his ownership in the property at (594 Van Buren Avenue, then the new owner shall take the place of Party A for the purposes of this agreement. Any buyer of the property shat! be notified of this contract, and thus agree to its terms, prior to agreeing to any [erms of purchase. If Party B sells, dies, gifts, or changes their ownership in the business in any way, the new owner shall take ffie place of Party B for the purpose of this aereemen[. Any buyer of the business shall be notified of this contract, and thus obiigation to Party A, prior to a�reeing to any terms of purchase. Party B agrees to keep the area adjacent to Party A's property ctean and orderty. Parry B agrees to keep any music or noise at a level so that it is not audible at the residence at 1594 Van Buren Ave. Party B a�rees to discourage loiterin� by their customers in the area adjacent to Party A's properry. If Party B materially changes, selis, renames. their business in any way that effeMS the validity of this agreement or does not follow any of the terms of this agreement, then Party A has [he option of enForcin� scenario 1 or renegotiatina the terms of this aereement up to and includina raising the amount stated in scenario 2, to conform to the original terms aad spirit of this a�reement prior to Party B makine any changes. �%, /�/' j,. � David Berdahl, Owner 1594 Van Buren Ave Par[v A , n� Yun Kim, Sole Proprieror of "Soi" arty B � U city of saint paul planning commission resolution file number 00-16 date February 25, 2000 WHEREAS, Pung Yun Kim 1Fi1e 00-217-484) has applied for a special condition use permit to a11ow a billiard hall at 661 North Snelling; and WHEREAS, the Zoning Committee of the Planning Commission on 02/17/00 held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WEiEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaZly reflected in the minutes, made the following findings of fact: l. The applicant proposes to lease the vacant property for the purpose of establishing a nine table billiard ha11. Previous�y, the building was usec3 as a mar[ial arts school. The applicant prc oses to operate the billiard hall from 12:00 noon to 1:00 a.m. dail No alcohol would be served. The applicant has secured a parking le� � agreement from a nearby oil changing business that would allow .1liard ha11 patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant aoproval of a principal use subject to special conditions, the commission shall find that: a. The extent, locat:on aad intensity of the use wi2l be in suDStantial compZiance with tne Saint Paul Co.�.orehensive Pian and ary applicabl=_ subarea p2ans wnich were approved by the city council. � � This condition is met. The recently completed Aamlin= Micway Community Plan does ,ot recommend any specific chanaes to this particular commercial area. The pSan does recommend specific strategies aoplicabie to the entire community for streng�hening relationships between businesses and residents and reducing conflicts over narking in coacmzrcial areas. moved by Kramer seconded by in favor Unanimous against � Qo'S58 . b. The use will provid° adequate ingress and egress �o *�inin±z° traffic congestion in tne public streets. This condition is not r,.et. This oarticular use w'_11 rec.:ire an additional 10 oarking snaces and the aonlicant hzs secuzed a parking lease agreetaent with a neazby oil chanaing business. ro�.:e✓er, the location of the leased spaces does not lend itsel= to coa✓enient use by potential billiard ha11 patrons. The distance �et:r°ea the leased parking site and the billiard hall is approximatel✓ 250 ieet and billiard hall patrons would have to cross Snelling Avenue at an unsignalized intersecCion. With the lack of proxinate o`f street parking within the immediate area, it is more 1ikely tn2t billiard hall patrons wi11 attemot to use the limited on street parking along Snelling, Blair and Van Buren thus adding to congestion along these streets. c. The use will not be detrimental to the existing ccaracter of development in the imr!ediate neighborhood or enda^ger the public health, safety and general welfare. This condition is met. The proposed billiard hall is a comoatible use to the auto repair, gift shop, video store and grocery store uses in this particulas B-2 district. As long as the 6i11iard hall's Snelling Avenue entrance is the sole entrance for customers, there should be minimal imnact upon residential properties. � d. The use will rot imaede the normal and orderly de��elooment and improvement of the surrounding oroperty for uses o°rmitted in the district. This condition is met. The surrounding property ir. Chis S-2 district is fully developed. e. The use shall, in all other respects, conform to th= a�?licable regulations of �h.e district in vrrich it is located. Except for the corcition relating to a 100 foot s�cnack �rom residential prooerty, this condition is met. � 3. Section 60.53a(3) oi the zoning code identifies billiarc ha11s as a special condition use in a B-2 district subject to the `ollowing condition. "Bowling alle7, billiard hall, indoor archery razge, indoor tennis courts, racquet ba11 and haad ball courts, czace ha11, electroric game room, indoo: skating rink, or similar forms of irdoo- commercial recreation when located a� least on= hundred(100) fee� `ro:� any front, rear oz side yard o= a:�'y residential 1ot in an adjacert residential district measured �rom t.° closest ooint of the bui�c�:^.g '_^ wnich the use is located to the closest residential nroperty i_.-_. T�is coadition is r.ot �.,_�. The discance Lrom the bac� o' _.� proposed billiazd hall bu�ldi::c the sid°_�ard o•°_ a single '_z-__ _°sidence ir =. P.-? district is "75 �e=�. >ihile the aoplicant has sec4rea _ st=tement rom the samz rzsidza=:a: orooerty ocaner �aho statea ._e _s _.. favor o� the billiard hal_ an:i.^.as no concerns rzlaciv2 to ---� �_--�a'"d hall's proximity to his proo=r�_, modification of the 100 -oo� d'_stance condition would not protect future residential property oomers and tenants from this type of use. � Therefore, Be It Resolved, based on findings 2b and 3, the Saint Pau1 Planning Commission denies the special condition use permit for a billiard hall at 681 N. Snelling Avenue. � � oo-55a' MINUTES OF THE ZONING COMMITTEE Thursday, February 17, 2000 - 3:30 p.m. � � � City Council Chambers, 3` Floor City Hall and Court House 15 West Keilogg Boulevard PRESENT: EXCUSED: OTHERS PRESENT: Faricy, Gordon, Kramer, Morton and Nowlin Gervais and Field Peter Warner Carol Martineau, Allan Torstenson, and James Zdon of PED The meeting was chaired by Commissioner Kramer Pong Yun Kim - 00-117-48d - Special Condition Use Permit to operate a bif{iard hail. 681 N. Sneliing Avenue. .fames Zdon showed slides and presented the staff report. Mr. Zdon stated the applicant has secured a parking lease agreement from the Jiffy Lube. The Zoning Staff is concerned with the focatioR of the leased parking because patrons would have to cross a busy intersection that has no stop lights or signs and patrons would tend to use the limited on-street parking along Snelling, Blair and VanBuren. Mr. Zdon also stated the Zoning Staff recommends deniai of the Special Condition Use Permit. At the question of Commissioner Gordon, Mr. Zdon stated the leased parking tot has enough spaces, and if the lease was terminated the app{icant would have to apply for a parking variance. Mr. John Choy, Attorney for Pong Yun Kim, appeared and stated the code is addressing the number of parking spaces, not the convenience of customers arriving at a facility. Section 62.104 which governs parking lots states that a parking lot has to be within 300 feet. The parking lot is 250 feet away from the proposed location. Mr. Richard Whiplinger, 6S5 Wilson Avenue, approached and stated he spoke with Dave Gagna from the Hamline Midway Coalition and he had no major concerns. Mr. Whiplingeralso submitted a petition from the surrounding business approving the billiard hall. He aiso explained they are willing to work with the community on any parking issues. At the question of Commissioner Gordon, Mr. Zdon stated they are grand fathered in for eight spaces in the back parking lot which would allow four billiard tables. Mr. David Birdhal{, 1754 Hubbard Ave., stated that the back parking lot would be improved by the access and paving. Mr. Birdhall also explained the agreement that was signed stipulates that if the billiard hall was sold the new owner would have to sign the agreement stating there would be no loud noise. His tenants don't have a problem with the billiard hall. Commissioner Gordon explained to Mr. Birdhall that the permit being considered would appiy to the property and not restricted to this applicant. Mr. Coleman McDonough, 1595 Blair Avenue appeared in opposition, ha stated some of the concerns are with traffic, parking, accidents caused by the I+mited site line, and people 7_oning Committee Minutes February 17, 2000 File #: 00-117-484 Page 2 congregating in the back parking lot. Mr. Choy reappeared and sYated the applicant is going to pave and install lights in the parking lot. The public hearing was closed. Commissioner Gordon stated he had two concerns 1) The location of the parking lot. 2) A privafe citizen waving the100 foot residential requirement of the code. Commissioner Gordon moved to adopt the Zoning Staff recommendation of denial. Commissioner Morton second it. At the question of commissioner Nowlin, Mr. Warner stated the provision in the code is designed to estabiish a separation between a more intense use and a restricted use in a residentiai district. A precedent should not be estabiished that the nearest property owner can sign a document indicating they do not have a problem with the proposed use. An applicant cannot legally bind the City to modify its zoning requirements because the appiicant has obtained documentary evidence from the nearest property owner stating that the property owner does not have an objection to the proposed use. Commissioner Nowiin stated the parking lot and lights would bring the customers closer to the residential area and that proposes a larger problem. Adopted Yeas -5 Drafted by: c',e� r n-�`i�1 r � .�� zcv Carol Maftineau Recording Secretary � � Nays - 0 Submitted by: , I,,,...� , i,.i � - , :.r �. . . Approved by: , �� Ric ard Kramer Chair � do -//7-%�, �� 558 • February 11, 2000 Richard Wiplinger and Pong Y. Kim 684 No. Snelling Avenue St. Paul, Minnesota 55104 James Zdon City of Saint Paul 1100 City Hall Annex 25 West 4th Street St. Paul, Minnesota 55102 Re: Requested Documents / New And Amended Dear Mr. Zdon: � After our meeting on Wednesday Feb. 9th, I was better infarmed in regards to �vhat you specifically needed, relating to the parking map and letter of concurrence. Please find the enclosed documents: 1) A ne�v shared parking lease agreement, stating the number of parking spaces available. 2) A letter from Mr. Jim Schafhauser concurring the shared parking. 3) A site plan of Jiffy Lube, indicatin� the 1=1 parking spaces, their lay-out and Mr. Schafhauser signature of approval. ( Please note that there is also room for about four additional parking spaces on the north side of the building for use after 8:00 p.m. ) 4) Signage that we �vill used to encourage patrons to use Jiffy Lube's lot, instead of on street parking. .Iim, you stated your concerns regarding the Jiffy Lube parking situation as }�ou perceived it. As I told you at our meeting, we do want to be fair to all businesses alonQ this area. But we also believe that our store front should be ailowed a spot or tw�o on the street also. An accountinQ or law firm, well mav have clients that park for an hour or more. None the less, we �vill work at askin� our customers to use off street parkin� and explain to them why. I believe that most will obli�e us. I do not believe that a 20 to 30 second walk from the lot will be a hardshio for anvone. There aren't many places today, where you don't have to walk some distance, usuall}� quite a bit. Even if you just go to Target, chances are you'll walk a couple hundred feet through the parking lot. . Wednesday, �vhen I met with you, I had to walk alot further than 300 feet and it �vas not for something that I actually enjoy. People will �valk a�eat distance for things GG - //7 - YgY they enjoy, how about out great State Fair? I truly �valked more than 300 feet to go to � church last Sunday. I'm sure you understand my point of view. I do hope the materials enclosed are now satisfactory and complete. If thev are not or we are not meetin� all the requirements then please let me kno�v immediatelvi ! We are willing to supply anything that is needed to meet the code requirements in a fair and square manner. It`s just a matter of our being fold exactly what is required, ho�v those requirements can be met effectively and then presented in the correct form. We rely on you and other city officials to instruct and help us with the "what's, where's and how's". It's only then that we (the unexperienced) have a chance at accomplishing the task successfully and not waste time and money. Please give the enclosed documents to the committee, if that is the procedure. Also if you would regardless, please give this cover letter to the committee. I believe it has relevance and merit in regards to our up coming matter before the committee on Feb. 17th. Sincerely, 1�.�.�.. W/!�— � U C� Richard Wiplinger and Pong Yun Kim LJ i Da -�/7 -y�; oo- 5 58 � February 15, 2000 l�tr. 3im Schafhauser Vice Presideut of Operation Heartiand Automotive Services, Inc. 2379 �Vest 7th Street Saint Paul, Minnesota 55116 Mr. James Zdon City of Saint Paul 1100 City Ha11 Annes 25 West 4th Street Saint Paul, Minnesota 55102 RE: Shared Parking Verification. � Dear A'Ir. Zdon: This letter is to verify and concur that a shared parking arrangement esists between .Tiffy Lube and 1VTr. Pong Y. Kim, in regard to the proposed Sol Billiard Hall to be located at fi81 Yorth Snelting Avenae, Saint Paul, Minuesota. I have reviewed and approved a Site Plan dated February 10, 2000. Tt�e purpose of said plan is to demonstrate the availability of parking spaces for accommodating the parking requirements of Sol Billiard Hait. Aiso for your information, the striping of the parking area will be completed by June 30, 2000. N1r. Pong Yun Kim will perform any work required per our agreement. Siucere(y, ' � i '�� GG��-�----- i L'i s� / y Jim Schathauser cc: File Pong Y. Kim � Qo -i��-y�y SHARED PARKING LOT LEASE This LEASE AGREEMENT made the lS day of ��F�!'�,/ , 2000, between the parites �— 7iffy Lube #47, located at 6S0 North Snelling Ave., St. Paul, MN 55104, hereina8er called Lessor, and Pong Yun Kim; d.b.a 3oi Bdliazds, located at 681 North SneIling Avenue, St. Paul, �N 55104, hereinafter called Lessee. WITI�'ESSETH, that in exchange for good and valuable considerauoa, the Lessor hereby grants to the Lessea the right an@ permisszon to use and occnpy the follo�ving described premises: Parking lot at 650 North Snelting Ave., S� Paul, MPi 55104, consisting of 10 parking spaces. USAGE: The use of the premises shall be for the purpose of accommodating the additional parking spaces for Sol Billiard's. TERiVI: This a�reement shall be for a period one yeaz from the date of the lease a�eement with further privileges to the Lessee on like terms from year to cear for one addirional yeaz untess terminated as hereinafter provided for and under the follow terms and conditioas: 1. Tha Lessor or Lessee may tetminate this asseement for any reason. 2. �torice of termina[ion must bz siven in writin� to the Lessor or Lessee 30 days prior to terminarion. V TT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this �day of /'�'��, BY ,� � -�-'� Lessor `"BY / Lessee 1 <<?,�-�.�.��. �,��, � �Vitnesses: 2QQ0. � � � O � � /,7 � / a � �~ 55� � � '. 1 J4.$ y X fi � � 3's,a �� ,r;: $ -�` : 3a.�� . K � 3i5' 6 �.N � 3n W— ; e ;:�. ^.� c �� d 3a6 - �SA Y `E �� 64AIk AVE. M "' , � :�a ' � 5 � , NN– 4 . � —__�i=.__ Rcuv,c m �� ! :�u[w n 0 � i� 1 co�L Awer L_�..�. .. �.. . � 4'CervG. AvReH I '_ ' ' _wm vr� � I LVVG Y YYryJf� FlOOR SLAB ELEV.�23].W IWO�MO I . J p' CONC I.PRON , ss _� • • FJYei�v4 5' 3fcEwrryc �: •. . - 6P .' �,fc2 i : =: . . �362 � 765� .' �2 Z�' I 36�A � oIt(�d�, I • «�� 11 � l Bv. cue V 3)0 I 36.] � b' _.. n I �irs.i �--- ---- i � �` . �. � I 13 322 � I N � Sotc 6,lt,a�d'> _$' W � J J I 3?0� O � a I 3a1 9¢ J5.3� � 360 NI 36 � �z �� W S�L $il.l.i+ _; R , � sca�• i io� z. w� q� l SoE 6lll:,..d5 APPRov�o / 8 `( , � �� i 36� X�., _ //� /i i � 3`.a' � �ow � � Q � '� �'TifFy Lu6E'�z.va. 35� G � 3 s+ o 6 , n...�... 13�? 10� � SPwcEn L�ny 5'�� ' �� L e I�" 5 aESE4vEd fo�t Sol 6'� ;q (. '��o�� O O O�� OO i4 SPaces n'• � .�`< as� � � � � 3eJ` I �t'�� ....ino.no-._ � "" � � p o - �/7 February 15,2000 From: Mr. Pong Yun T{im Sol Biiiiard HatI To: Mr. James Zdon City of Saint Paul To: Mr. David Cagne Midway-Hamline Coalition RE: �DDTTION SIGNAGE • Tn a true and sincere effort to work with the City and the Midway-Hamline area neighborhood, we will post the attached additional siana2e alon; with the norm signage indicating the availabiiity of parkiag at Jiffy Lube. Our adjaceut business neighbors are: American Auto Trim � Open blonday-Friday !$:00 A�I to 5:00 PNI Metro Automorive Open Monday-Friday /7:00 P,Di to 6:00 PbS Dan's Fans Citv Open Monday-Thrusday /9:00 A�I to 8:00 PrI Friday-Saturday / 9:00 :��I to 5:00 PvI Sunday / 12:00 P�I to 5:00 P�I I believe that our patrons will respect the request to use the off streei parl:ing thai wil! be available for them. `Ve enjoy a good relationship at present with our neighbors and want to maintain the goodwill of all. Sincereiy, Pong Yun Kim � o� - i�� -y�� a 558 � ATTENT�ON GOOD CUSTOMERS We are ASk.11l that you lease use our BACK PAF:KING LOT or JIFFY LUBE PAF�KING whenever possible AND � " NOT Park on Snelling Or the other Side Streets BEFORE 7: �}0 P.M. This is to Help our Business Neighbors who do not have +OFF STREET PARKING � THANKS ZONING COMMITTHS STAFF REPORT FILE #00-117-484 l. APPLICANT: Pong Yun Kim 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 681 North Snelling Avenue 4. PLANNING DISTRICT: 11 DATE OF H�ARING: 2/17/00 5. LEGAL DSSCRIPTION: Lot 2 Block 2 Hopkins Second Addition to St. Paui 6. PRESENT ZOIdING: B-2 ZONSNG CODE REFSRENCB: §64.300(d), 60.534(3) 7. STAFF INVESTIGATION AND RfiPORT: DATE: 2/09/00 BY: Sames Zdon 8. DATE RECEIVED: O1/18/00 DfiADLINE FOR ACTION: 3/1S/00 A. PURPOSBc Special condition use permit and modification to allow a nine table bilZiard kall. B. PARCEL SIZE: The property has 33.5 feet of frontage on SnelI.ing Avenue and a depth of 120 feet for a total lot area of 4,020 square feet. C. EXISTSNG LAND IISE: The property is a vacant one story commercial structure with a gross floor area of approximately 1834 square feet. D. SIIRROUNDING L11ND IISE North: Commercial gift shop in a B-2 district. East: Auto trim shop, cafe and beauty salon in B-2 district. South: Auto repair shop in a B-2 district. West: Single £amiZy residence in a R-4 district. E. ZON2NG CODE CITATION: 64.300(d) of the zoning code identifies findings the Planning Commission must make to grant a special condition use permit. Section 60.534(3) establishes a specific condition for billiard halls in a B-2 district. F. HISTORY/DISCIISSION: On November 19, 1999, the Planning Commission denied the appZicant's request for a special condition use permit for a billiard hall. G. DISTRICT COIINCIL RECO2�IENDATION: To date, the Hamline Midway Coalition has not taken a position on the billiard ha11 proposal. � `J � a�- 558 Page Two � H. FINDINGS• 1. The applicant pzoposes to lease the vacant property for the puzpose of establishing a nine table billiard hall. Previously, the building was used as a martial arts school. The applicant proposes to operate the billiard hall from 12:00 noon to 1:00 a.m. daily. No alcohol would be served. The applicant has secured a parking lease agreement from a nearby oil changing business that would allow billiazd hall patrons to park at its facility. 2. Section 64.300(d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a. The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The recently completed Hamline Midway Community Plan does not recommend any specific changes to this particular commercial area. The plan does recommend specific strategies applicable to the entire community for strengthening relationships between businesses and residents and reducinq conflicts over parking in commercial areas. � b. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. This particular use wi11 require an additional 10 parking spaces and the applicant has secured a parking lease agreement with a nearby oil changing business. The lease agreement, however, is insufficient. The lease lacks a specific reference to the number of parking spaces that will be leased, and also lacks a site plan that identifies the location of the leased parking spaces. Even if an appropriate lease was provided, the location of the leased spaces does not lend itself to convenient use by potential billiard hall patrons. The distance between the leased parking site and the billiard hall is approximately 250 feet and billiard ha11 patrons would have Co cross Snelling Avenue at an unsignalized intersection. With the lack of proximate off street parking within the immediate area, it is more likely that billiard hall patrons will attempt to use the limited on street parking along Snelling, Blair and Van Buren thus adding to conqestion along these streets. c. The use will not be detrimental to the existing characte° of development in the immediate neighborhood or endanger tne public health, safety and general welfare. � This condition is met. The proposed billiard ha11 is a conpatible use to the auto repair, gift shop, video store and grocery store uses in this particular B-2 district. As long as the billiard ha11's Snelling Avenue entrance is the sole entrance for customers, there should be minimal impact upon residential properties. d. The use wiZl not impede the normal and orderSy development and in�proveznent of the surrounding property for uses permitted in the di.strict. This condition is met. The surrounding property in this B-2 district is fully developed. e_ The use shall, in a1S other respects, confosm to the applicable regulations of the district in which it is located. Except for the condition relating to a 100 foot setback from residential property, this condition is met. 3. Section 60.534(3) of the zoning code identifies billiard halls as a special condition use in a B-2 district subject to the following condition. "Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball caurts, dance hal1, electronic game room, indoor skating rink, or similar forms of indoor commercial recreation when located at least one hundred(100) feet from any front, rear or side yard of any residential lot in an adjacent residential district measured from the closest point of the building in which the use is located to the closest residential property line." This condition is not met. The distance from the back of the proposed billiard hall building to the sideyard of a single family residence in a R-4 district is 75 feet. However, the applicant has secured a statement from the same residential property owner who states he is in favor of the billiard hall and has no concerns relative to the bilJ.iard hall's proximity to his property. Tn light of this statement, modification of the 100 foot distance condition appears reasonable. 2. STAFF RECOMMENDATION: Based on finding 2b, staff recommends denial of the special condition use permit for a billiard hall at 661 North Snelling Avenue. � . � 00-558 � SPECIAL CONDITION USE PERMIT APPLICATION Sain! Paul Zoxing OJfice II00 Cit}� Hall Anner 25 i3�est Faurth Street Saint Paul, MN 55102 266-6589 APPLfCANT 2oning office use nnly � .fite ncr_ . �U �" � , t t � " t i Fee - .`-�C1� i : f�J� �::, `Taniative hear�ng riats '..: _-.�- ''f �. ::��>., Name of owner (if differe Legal description: �J� 2 Current Zoning Fj- � PROPERTY LOCATION Address (o�j4� �p SN�.II«c}'��. city�'C. �Au t St �kN zip SS�o9 Daytime phone b5l• 6�f4- 2�� <<ooa4 �s � tcach TYPE OF PERMIT: Application is hereby made under the provisions of Chapter �O Section 53� , Paragraph 3 of ihe Zoning Code for a: �Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor SUPPORTING IhF�RMAT{ON: supply the information 2hat +s applicable to your type of permit (attach addit+onal sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITfONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ,,� S�b a�R��.d. � �. eoJea L�Fc.c� t c.o�.�.;�, o��T 2, rj �T9 F1R�1' G�n1ER F�( RR�A 3 • LEwsc �rzE€ N•z•�T � �� L��, , �k. C3us, { PsRk �Iout�s rj . �.E'C't6.2 / RESi�e,�'fi��aL PaorE�cE'� O(.ON£JZ is �1` 33�� c" S d� Applicant's signature �•r1-�—=-•.'� �- Date ��g ZG�bL�ity agent C�� c (7�t��.. � �20�� Gj��,��------� ` -� [ S _ �. e c� o C�(1.0 C��tR-� '�2c� ��2.�-( (�`c� �'( j�J . � V� 4...�,\ t tJ � � `L ��-• �'�.l , ��.1 S� ° `-� ��-� �1 Z.t> lu t �1 � �,p�1M�5S l D I� `C" .V'.1 �n,e w. `t � v�n �-� C,ar.s ek-fZ. �.l � vv. 14�, � D� +J £-�- n� �nf ��20�. (tz� �. fR�- � �o ea-�"� �-� b8 l `�� SN �-�c► u � -�✓�. ��C, �� ( . � -� �n+�}v�. I� �£tZbc{�t �I'c��rn�N�' w � tt� � `�o� t�u �.� � � ��',�. `C�n� -�c�o�� `� � . - � ..� S �e�-�-� ��d��.-� t��oN ��s �2�C�� c o�� P . C�.�oac�� l�ts � ��+a�� -�-�,�, �n.�.. c� � d-� 5�. �'��.I . ��N� r � , G ��-�- � � �.c N �'jD0 l�,t IN� � � W t�l £12 � �-55g � � January 16, 200� Pon� Yun Kim 68=� North Snelling Avenue St. Pau1, Minnesota 55104 Saint Paul Zoning Office 1-100 City Hall Annex 2� West Fourth Street St Paul, Minnesota 55102 Re: Specia! Conditiofi Use Permir /Bi!liard Hnll Zonir�g Code 60.534 (3) Dear Sirs and Madams: I am applying for a special condition use permit in regards to the following: I. II. ADDRESS/LEGAL DESCRIPTION 33 39 23ll 0024 0 S 625 681 North Snellin� Avenue St. Paul, Minnesota 5510�1 PROPOSED USE Special condition use permit to ailow a billiard hall within 100 feet of an adjacent residential lot. My intent is to operate a small nine (9) table "Korean" fashion billiard hall. Business hours will be from 12:00 p.m. to 1:00 a.m., seven days a��eek. No alcoholic bevera�es will be served and none allowed on or about the premises. There are a num6er of good reasons supporting this location: 1) Several Korean business establishments are in close proximity. 2) Attract a greater amount of the Korean community business doilars for myself and also for the general surrounding businesses. 3) Koreans love playin� billiard's, but not pocket pool. The majority of tables in the cities are the pocket version. 4) Most important, it will give the Korean community both young and old a culturally orientated place for enjoyable entertainment. 5) At the same time, provide a unique setting and enviroment for patrons of any ethnicity. 6) I have had previous experience mana�ing a billiard hall and plan to operate this business geared with respect to good fami]y values. � III. ZONING CONDITIONS � 1. Section 64.300 (d) (I-5) (General Conditions� a. Paragraphs #'s 1, 3, 4 and 5 are met. See recent Zoning File #99-368 dated Novem6er 19, 1999. b. Paragraph # 2, regarding "adequate ingress and e�ness to minimize traftic congestion in public streets". Our particular use requires an additional Ten (10) parking spaces. We are not seeking a variance. The additional spaces required are bein� met by a Lease agreement �vith Jiffy Lube corporation �vith respect to their store �47, located at 650 North Snelling Avenue, St. Paul, Minnesota SS IO�F c. Please find the enciosed copy of lease a�reement. d. Please f nd an enctosed tist indicating business hours for Store #47 and the billiard halL The peak operating hours of each business do not overlap itt any manner. e. The distance bet�veen the shared parking lot and the billiard hall is within 300 feet_ 2. Section 60.534 (3) (Ad'lacent Residential Propertvl a. Our building is only twenty-five (2�) feet short of the required 100 feet separation between any residential lot and a biiliard hall. This condition is beinQ met through an a�reement with the propertm• o«mer. The owner, Mr. David Berdahl is to-wit forgoing and waiving his rights and claims to the protection the zoning code intended to afford him as a residential property owner. b. Please find the enc[osed tetter of affirmation from Mr. Berdah[ as �vith respect to his property located at 1594 Van Buren Street, St. Paui Minnesota 55104. e. This is not contrary to either the intent or spirit of the code requirement condition. IV. CONTACT PERSONS 1. Mr. or Mrs. Pong Y. Kim Phone 651-644-2068 [I0:00 a.m. to 9:00 p.m. except Wednesday] � 2. Richard Wiplinger � Phone 651-776-0738 [or the above at times] Do- 55 � � �_� V. WRITTEN CORRESPONDENCE Please send all mail to: Mr. Pong Y. Kim Sole Cafe 684 North Snelling Avenue St. Paul, vlinnesota 55104 I respectifully submit my application for your approval. Sincerely yours, P/ ong Y. Ki�� L� PARKING LOT LEASE This LEASE AGREEMENT made the i_' day of � �E.o�E;�, 1999, between the parties Jiffy Lube #47, located at 650 North Snelling Ave, St. Pau1, MN SS104, hereinafter called lessor, and Pong Yun Kim; d.b.a. Pong's Billiazds, located at 681 Snelling Ave N, St, Paul, MN 55104, hereinafter called lessee. WITNESSETH, that in exchange for good and valuable consideration, the Lessor hereby grants to the Lessee the right and permission to use and occupy the following described premises: Parking area at 650 North Snelling Ave, St. Paul, MN 55104 USAGE: The use of the premises shall be for the purpose of accommodating the additional pazking spaces for Pong's Billiards. TERM: This agreement shail be for a period one yeaz from the date of the lease agreement with further privileges to the Lessee on Iike terms from year to yeaz for one additional year unless ternunated as hereinafter provided for and under the following Tc�ms and conditions: The lessor or lessee may terminate this agreement for any reason. 2. Notice of termination must be give in writing to the lessor or lessee 30 days prior to termination. IT IS AGREED, that this contract shall be binding on both parties and that it represents the full understanding and agreement of the parties. Signed and sealed this '� Wihiess• � i: Z. 2. day of �-� C�Jx�, 1999. BY/�M� i�;U✓.//,f(��„�ct�.— � Lessor BY �., Lessee � � � oo- 5 5 � � January 16, 2000 BUSINESS HOURS FOR SHARED PARKING / PEAK OPERATING HOURS Sol Biiliards Hall 681 \o. Snelling Ave. St. Paul, MN 55104 Sunday thru Saturday --12:00 p.m. to 1:00 a.m. *x Anticipated peak operatinQ {tours are 8:00 p.m. to 1:00 �r.►n. Based on � previous mana�ement of billiard !ta[I for fve vears and inquirin� at otlrer lta[l's in St. Paul area. Jiffy Lube # 47 650 No. Snelling Ave. St. Paul, bI\ 55104 Nlonday thru Thursday --- 7:00 a.m. to 8:00 p.m. Friday --- 7:00 a.m. to 6:00 p.m. Saturday --- 8:00 a.m. to 5:00 p.m. Sunday —10:00 a.m. to 5:00 p.m. "x peak overatina liours are 7:00 a.m. to 2:00 p.m. Based on statement ofJiffi' L:�be's oneratintr mann�er. Mnrc LeForfe. � ________________________�� December 21. 1999 Saint Paul Zonin� Office 1400 City Hati Anner 2� West 4` Street Saint Paul, MN �� 102 Re: Private Residence at 1594 Van Buren and Potential `'Sol" business at 681 NoRh Snelling Avenue; Pong Yun Kim, Sole Proprietor To �vhom it mav concem: I ha�-e spoken with the proprietors of the future "Sol" business that is to be opened at the address above. It is nry understanding that they need a special city permit to operate this type of business cvithin 100 feet of my rentat property at I594 Van Buren Avenue. We have discussed several • issues inctuding: added traffic, late hours, noise, potential personal liabilit}� to mysetf impact on property/rental values, etc. After some discussion and voicing of concem, we have reached a private written agreement, which resolved these issues. Therefore, as long as they abide by the terms of the private written a�reement, I have no reservations about allowing the business to receive its special permit that allows their business to operate within 100 feet of my property. Furthermore, I have made two parking places available on my property for customers or employees of "Sol." I w�ill personally appear at any meeting, hearing, or committee and support the issuance of the permit needed to opea this business. Sincerely �L � �� David BerdahI � 00 � � � �� .ti� _ � _� :+ � � d � � � a . �--_______ �- ;,�_�z -, r sXb =- = � 5 '`� i � 3�qe1 - - �_� --- — - � f �...- - 5xb sxb � ��9�1 � 3 19w1 � — t .. -: _ _ ------ i — --� � sx�, sxb � `- 3 � 9 �, 1 _ e�°�ti� ' _ I � - -{ �-- - � -- S�'b L= - - - - --i _ �19'i'1 � — --- - -i —. g _.,� �--- - -- -- - ' �--- - . _ _` � ��- i - i .n ,,� � � b -- _ h. I v� s — 9�"� m _ Q xu �. � � I � �'- �' S ��...L-� C _ �� CL �a�a� 6r,�o�+d I� � -----------•�nvN�xnst�n---- ----- V d � m � � � � �^ _ � a xo4. � � �z � m �� ' � �° a � +� � � � B � �e m i: � � � i� V � O h 3 � n d � � a � x F a ° � � I � � w r e U � � � < v � � in py � N H � b a N {� m �� -� F b y $ 64 m H qqq b ❑ � � a�wa$ wnd °eu?t["'S s � c M x � � a v u q a x � � N �) N � � � Z — — — _ _ _ — _ __''��'Zg _ _ _ — _ _ _ _ — � � Gb-558 CITY OF SAII�TT PAUL � CONSENT OF ADJOIti'NG PROPERTY O�,VNERS FOR A SPECIAL CONDITIOt�' USE PERMIT R'e, the undersi�nzd, o��ners of the property within 100 feet of the total contiguou; description of real estate owned, purchased, or sofd b}' THE APPLICANT «ithin one year preceding tne date of this petitio,. acl:norvledge that�ve have been prz;ented with the folfo�ving: A copy of the application of �bKG' ��t� - �me of appficant) to establish a �J � �� aT2�1 '�T�" (proposed we) located at: \ Z, SQJ�I l �, �� ° \ p (addrz,s of ropecty) requiring a special condition we permit, along «ith any relevant site plans, dia�rams, or other documencation. `Ve consent to the approval of this application as it was explained to us by the applicant cr his/her represeatative. � sc �_J PiOTE: All information on the upper portion of this application must be completed prior to obtainiag eligible signatures on this petition. September 20, 1999 Pong Yun Kim 2880 Hiway 7 SE Mound�iew, IvN SS ll2 Ciry of St. Paul L.I.E.P. Lowry Professional Buitding 350 St. Peter Street Suite 300 SL Paul, MN 55102 RE: Special Condition Use Permit / Variance For Billiard Hall / Located: 681 Snelling Ave. N., St. Paul Dear Sirs and Madams: My request for a variance is in regazds to leasing a buildina at the above location for the purpose of beinQ able to open and operate a smal! ( I O table ) Korean sryle bitliazd's halL The site is currently being vacated by the current tenant, who operated a Martial Arts school there for the past 7 years. � I currently own and operate Sole Cafe located at 684 Snelling Ave. Iv'o. and would like to take � ad��anta�e of this site openino. There aze a number good reasons for my wantin� this locarion and asking for your approval on a variance: (1) There are several Korean business establishments in close pro�imity and do attract the I:orean communiry to the area. (2) Korean's loee to play bi[liazd's and not pocket pool. Though there aze many fiall's in St Paul, the majority of tables offered to play on are the pocket type. (3) ICorean s tend to be clandish and lil:e to congre�ate together in one place. (4) I could provide the needed place for Korean's and at the same time provide a somewhat unique enviroment for American clients. (5) To build or lease at other locations ( I have looked at other empty sites ) aze out of my financial capabilites. (6) The proposed site is directly across the sh from my cafe, which is an added manaoement convenience for me. Also, I am familiaz with this azea and people are familiar with me. I try to run my business wetl and I don't put up with people ihat can not beha� e. There will be no drinking of alcoholic bevera�es on or about the premises, nor any type of han�ing around will be allowed. I want my place to be a billiard's hall where a family can come and enjoy a game of billiard's, without any of the tuff "pool hall" stuff. I sincerely submit and request that you approve my application. Respectfuliy yours, /l� Pong Yun Kim � �� J 4 �. - _ w �/ JV � �� ..r P� . .. : - �. � , � 1 i � � I fl � 9 r � �S D � � � � � � � � t i i � 1 � �. A' ui .�I m � � U� // � � r4h , r� „ , - � _ ; j t'o . —-,A9 " ��3 �� a1�11 I ��°i m c.'6 cn � vt 6 ; � , m m p+ , . � t� ' � �I 1 t N � , .� � �;! ' t =`�r ' " —�_ t � '� � ' '' .�5�6 � I ` t ; _' f_ 3 J ° l a 1 ( i 1 � u �� .J � � c�� i � n—� �� y b i.A —i r IU'� cn m � n+ ( � � i m '•i i � 'v3�.37�?'b3d � � � �8 -,£s ,�O a� ��5 � w �a � 9 � .� � k � � � ` J oo- 5 58 l3LAt2 �U�. — — --I — — — — i � � �� o � � � �� l� - � r� �- � °� � � � G rP1 �� Ip � . � � p � 9 ' � �� e''f � ?� Q ?� � �� 9 r • � C ; tia ( R u �N a ��.. � .^ — — i � . n � � � � �� • t— ��' t ----------- -------_. � � � � � r i � f '� ♦ \ t �� .r � � a� � r� � � � � a � � , � � I t s { \ r � � 9 � �' �3 � ! � �-558 R�� o� K�� F�d b8��,5��k;�,� ��. I 55 ` ----�-� � � � � a � � � � � � � � � �� V � .' ' • �� : � �- _-. � � M� � r � w - �"�'� t� � (� SrR �� v � � � �.♦ � 0 • � � September 20, 1999 RE: Business Hours / Shared Parking 1. Pon�s Billiards ( Kim's ) 681 Snelling Ave N. St. Paul, MN 55104 2. Sole Cafe 684 Snelting Ave. N. St. Paui, MN 55104 Days & Hours: M-T-Th-F-S-S 12:OOpm--1:OOam �Ved.---Closed M-T-TH-F-S-S 11:OOam--1:OOam Wed.---Closed � 3. Kim's Oriental Foods 639 Snellin� Ave. N. St. Paul, MN 55104 M-T-W-TH-F-S 11:OOam--7:OOpm Sun.--12:OOpm-S:OOpm � . � Q � _ w z Z � � u � !� i j I, � % ; , � � i i I i i i I I I j � � L� i ' i I � f W � � m � ; , � , , � ! � I � � � , � � ASBURY � � ; � i � i i i � I ' ~ � � � � i I � � i I � I � I I � I � � I SNELLING i � ' I f; � � � j ' f � � � � �� I . .. FRY 00-55� � I ; I � � ' ' --- - -- I I j _- � I I I --- - �� -- --- � � i - - -- I � � � ..----- � I - -- � � � � � • � 1. SU�iRAY-BATTT,ECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERIIY HILLCREST 3. WFST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END 7. 8. 9. � 12. 13. 14. 15. lb. z�. THO�fAS-DALE SUMMIT-UNIVEF2STIY � WEST SEVENTH COMO HAMLINE-MITJWAY � ST. ANTHO� PARK MERRiAM PARK-LEXII`TGTON HAhff.Iiv'E-S?r'ELLi`�G FiA`SL:.�� MACALESTER GROVEI.A_�TD HIGHT_AND SU�iMIT �.T" DOtiVivTO�VN � � _� ,, /�7 ��y � CITIZEN PARTTCIPATTON PLANYING DISTRICTS cb-558 � ` �_� � 1 , __ -______l � � _�� __�___JI �-_ 1 . : . �, ��`.�.�,...o. .e...... .. , �� — � � � ; � .; _� � HAMLINE—MIDWAY h ♦ i " ! f i c ' � I r ' I L'� �u � —__ �t� �� 1 - �■ = �� - - �� 1 ��- ��,:�. �_-= =� � 1 �� "" � � � ---.:�i:�=�:_ -_ �'i � :i 1 �'� � � � �'� .� ' i � . � � � ��: =i � ��u�-��,�w � �� `� I!-�,� II�`�II �� ;�� DISTRICT 11 P� x0 1000 '"'�O _ �a +� s«o s�� ,„ �� I �� 0 � . . :: . }n` –�– -� -- --G� O _ O �"L O O O c � o� _ �! `, C L . ; ^ :i -- ` }- � , � � � - I� �!d,� -- , 0 30 � • •�� • • • .....s.,.�.. •{• •� Q � 1 ��I� A�/C. y�t+N (3v�e �n ��OUOC) ' {-{� ir'�� C ' i T : O �� i I � OIO�p¢� AV E. ?�o��'� G ' � i . o ��o AVE. ��' � <<€ ��':�� o�o,aEa ' t F t � c-; c �:� � c=� i � v� ^, � ; �., � �� , �;��¢�¢, � o � a ' ! —� ` � - � � -Q °� � 6 � � P ^M�£�V'� � F �� I t . . '. i. I� . 8 • �_ , ,-o�a i; -.; � �: � Ci G :�; � : 's C k ' k � �,�;�• 0 , � � V f b Od1� � �— pf �.� ! i ��_��, � � ,, �. ; :.r' t � , }� o�� i !s � •� � . . �� ¢i0 ' ��O�C�It � �, � � �� 0 0��1� �00�� o i 0 o�o;c o � O O Q �� Q ' : , r .�;��. _ o - � cr � A R-fL�i10E"� , �- � � ; ` ` "' - ;` m O �.1 �. �.'� ` '„ � �f�� A"�'�R DUi17Q Q O " `'. F � " - i .;? � O F � _ O -_ � � ' '� .� �; �� ,.� a�uc�r:T � �-��—_ LEGEND J�?OSE �C�(� �--�—.. zoning districl to;:nd2r i�— �E � 1' �G�/9[C DATE_ ��-ZS �' suSjeC prope��y _�:G D;S7� b.tAP ;,_i�? —_ o one fan�ly � bs� � G i:;7 �Z,T.iI� ;+r�cf � , ...—� r'-✓.� Cl'J!;i�l� Idmi;; �a o �� r o'�� l�` , ; p;0 �^ � / � n a rth�- • � � CGRIff.�?:� ?' . � r... Il1�'JS::i2 `� Va;d�'li ' A Mr. Pong Yun Kim's permit for a billiard hall at 681 No. Snelling Avenue: Motion to deny appeal, upholding the findings of the planning commission. vo�5 58 /� � -- _ �� 2 Morion to rant a � � �, ) g ppeal, thereby approving the SCUP, with a�i�d'�'aex�of the special condition for a 100-foot separation between a biliiazd hali and adjacent residential properiy, based on meeting the requirements for modification of a special condition in Section 64300 (fl (1) of the Zoning Code, subject to the following conditions: 1) Lighring be added to the reaz parking lot using cut-offfixtures that don't shine into adjacent residential properry; 2) Reaz pazking Iot be restricted to staff use only; 3) SCUP would expire if the lease for the 10 spaces at Jiffy Lube is not renewed, or ��' no1 replaced with 10 spaces of off-street pazking within 300 feet of the billiard hall. , expires with the termination of this business, under this ownership. ��i.c �4n�,u�.0 �� '. r�� U�� _--__,! � • •. : Yun Kim Pong Y�(in Kim Hall — 681 appellant �nin�ommission denied �m a B-2 Community Section 60.534(3) of the ; Avenue \ � for a SCUP). S d go st, after SCUP to on the c� 64300(d) - parking requ'irement is across Snelling at ur traffic and parking will likely burden the neighborhood; 60.534(3) - only 75 feet fr�,�m r�,cL� �.-.�=s ��'�^„ e billiard hall to 5ection 64300( intersection, ( � The Council finds that there was an error in one or more of the findings of the Planning Commission in that� p �. xu� �r s�� u,��- �� ►� y��,�J� �� 'u. p�u�ciuq a��euv.uF �'y ��te ct�c. d,at�A wc �12t9uuc fi d�a(iuf 1�t kha�t s tM �au.F �i ' �' b � Vu�c«bfc� d�u � ��t� c�s d u � � 66a �cP�,a ��a r�Q � �zae�� e, ��t¢e�wwu¢ !v� �c t2ei�tb�� wr. ❑