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96-1577 ` f-� ' ,`' � Council File #������� \ ,' � —7 Green Sheet # `�U7Z ` RESOLUTION CI OF AINT PAUL, MINNESOTA ,3 Presented By Referred To Committee: Date 1 2 WHEREAS, Robert Flores made application to the Boazd of Zoning Appeals for a 3 variance from the strict application of the provisions of the Saint Paul Zoning Code for property 4 located at 36 South Dale Street, Saint Paul, Minnesota, legally described as Lots 11 and 12, 5 Block 4; Terrace Park Addition; and 6 7 WHEREAS, the purpose of the application was to vary the standards of the zoning code 8 so as to receive a variance for seven off- street parking spaces in order to obtain a liquor license 9 for the applicant's resta.urant, the La Cucaracha; and 10 11 WHEREAS, the Board of Zoning Appeals conducted a public hearing on August 12, 12 1996, after having provided notice to affected property owners, and the Boazd, by its resolution 13 number 96-171, dated August 26, 1996, granted the variance, with conditions, based upon the 14 following findings and conclusions: 15 16 1. As with most sites along Grand Avenue, this business does not 17 have sufficient off-street parking to meet the current parking 18 standards. The applicant states that in order to compete with the 19 recent influx of chain restaurants, it is necessary to provide cocktail 20 service with strong liquor. Holding this restaurant to the strict 21 provisions of the code would unreasonably restrict it's ability to 22 compete in today's mazket. 23 24 2. The lack of available off-street parking and/or sites to develop for 25 parking along Grand Avenue is a circumstance that was not created 26 by the applicant. 27 28 3. The City limits the number of liquor licenses available in each 29 district of the City and a license recently became available in this 30 district. While the primary goal of the ordinance is to control the 31 concentration of liquor establishments in each district, it also has 32 the effect of controlling, to some degree, the parking problems in 33 a district since a liquor establishment requires more parking than 34 retail or office uses. The applicant's desire to take advantage of an 35 available license in order to keep his restaurant competitive is in 36 keeping with the spirit and intent of the code. 37 38 4. The applicant states that he does not intend to increase the seating 39 in the resta.urant if he obtains the liquor license nor does he expect 40 a significant increase in customers. He also states that he now 41 owns the entire building and will maintain a mixture of retail and 42 office uses in the building that are compatible in terms of peak 43 parking hours. If no additional restaurants are added to the 1 building, and provided that La Cucaracha does not expand its ���`'j�� 2 seating, there should be no adverse affect on the neighborhood 3 through the granting of a liquor license. 4 5 5. A restaurant with a liquor service is a permitted use in a B-2 6 zoning district. 7 8 6. The request for variance is based primarily on a desire to maintain 9 a viable restaurant in a competitive business; and 10 11 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.205, Ian T. 12 Ball, duly filed with the City Clerk an appeal from the determination made by the Board of 13 Zoning Appeals requesting that a hearing be held before the City Council for the purpose of 14 considering the actions ta.ken by the said Board; and 15 16 WHEREAS, acting pursuant to § 64.205 through § 64.208 and upon notice to affected 17 parties, a public hearing was duly conducted by the City Council on September 25, 1996, where 18 all interested parties were given an opportunity to be heard; and 19 20 WHEREAS, the Council, having heard the statements made and having considered the 21 variance application,the report of staff,the record, minutes and resolution of the Board of Zoning 22 Appeals, does hereby; 23 24 RESOLVE, that the Council of the City of Saint Paul affirms the decision of the Board 25 of Zoning Appeals in this matter based on the following findings of the Council: 26 27 Based upon all the testimony and having considered the application, the report of 28 staff,the Board of Zoning Appeals' record minutes and the resolution of the Board 29 of Zoning Appeals, the Council of the City of Saint Paul, finding no error as to 30 fact, finding or law in the decision of the Board of Zoning Appeals, adopts and 31 incorporates herein the findings and conditions in Board of Zoning Appeals 32 Resolution No. 96-171; and 33 34 BE IT FURTHER RESOLVED, that based upon the above stated findings and reasons, 35 the appeal of Ian T. Ball is hereby denied. However, pursuant to Saint Paul Legislative Code § 36 64.207 and based upon the public hearing testimony,the Council of the City of Saint Paul hereby 37 amends the following conditions stated in the said resolution: 38 39 1. That the parking lot is restriped and clearly identified as customer parking only. 40 41 2. That the bar area within the restaurant is not expanded; in accordance with the 42 application for variance and the site plan on file with the Zoning Administrator. 43 44 by adding, as numbered, the following conditions to the variance: 45 46 3. The La Cucaracha Restaurant cannot expand into any of the space 47 formerly occupied as a pharmacy. 48 49 4. The La Cucaracha Restaurant must lease seven off-street parking 50 spaces for use by restaurant employees. These off-street parking 51 spaces must be maintained so long as the premises is licensed as an 52 on-sale liquor establishment. A copy of the off-street parking lease 1 must be posted on the premises. A copy of the lease shall be ������ 2 provided the office of License, Inspections and Environmental 3 Protection. 4 5 5. The applicant and the applicant's successors and assigns agree to 6 waive any right to a hearing or appeal under Saint Paul Legislative 7 Code § 310.05 of any decision of the Saint Paul City Council as it 8 pertains to a decision on future expansion of the liquor service area 9 in the premises; and 10 11 BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution 12 to Mr. Ian T. Ball, Mr. Robert Flores, the Zoning Administrator, the Boazd of Zoning Appeals 13 and the Saint Paul Planning Commission. �_ ;_. � � , � Yeas Navs Absent Requested by Department of: a e � ostrom ✓ arris � uerin � e ar � e tman une � BY� D Form Approved by City Attorney Adopted by Co}uicil: Dat � ' ,����� Adoption C,�rtified by o c' ecretary gY: ��, , ����,. � , - By� Approved by Mayor for Submission to Council Approved by Mayo : Date I � By: cf-)���" �����U� By: �i�-- \��-1 403 �� OEPIIRTI�NTIOFF�FJ'COUNCIL OATE INITIATED City Council GREEN SHEET CONTACT PERSON 3 PHONE �DEPARTMENT DIRECTORNITIAL/DATE ��,�,COUNCIL �NITIAUDATE Dave Thune, 266-8620 ASSIGN �CITYATTORNEY �CITYCLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR ❑BUDGET DIRECTOR �FIN.&MaT.$ERVICES DIR. ROUTINa ORDER �MAYOH(OR ASSISTANn � TOTAL#OF SI(iNATURE PACiES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Memorializing decision of City Council denying the appeal of Ian T. Ball from a decision of the Board of Zoning Appeals for property located at 36 South Dale Street, and adding conditions. RECOMMENDATIONS:Approve(A)or Rejsct(R) pERSONAI SERVICE CONTRACTS MUST ANSWER TNE FOLLOWIN�QUESTION8: _PLANNING COMMISSION _ CIVIL SERVICE COMMIS310N 1• Has this person/firm eve�worked under e coMract for this department? _CIB COMMITTEE � YES NO 2. Has this person/ffrm ever been a city employee? _STAFF — YES NO _DISTRIC7 COURT _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORT$WHICH COUNCIL OBJECTIVE7 YES NO Explaln all yes enswars on seperete shest end attach to yroen sh�st INITIATiNO PROBLEM,ISSUE,OPPORTUNI7Y(Who,What,WMn,Where,Why): ADVANTAGES IF APPROVED: DISADVANTACiES IF APPROVED: �3�Y'eiiR^�S ")..�q»,anY;P`•rl�i �,fv:l'-�tY's� ���.,.� �., �� ��V V DISADVANTAQES IF NOT APPROVED: --' TOTAL AMOUNT OF TRANSACTION s COST/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIWG 80URCE ACTIVITY NUMBER FINANCIAL INFORIJiATION:(EXPLAIN) ROUTING ORDER: Below are correct routings for the five most frequent types of dceume�ts: CONTRACTS(assumes authorized budget exists) COUNCII RESOLUTION(Amend Budgets/Accspt.C3rants) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attomey 3. City Anomey 4. Mayor(for contracts over$25,000) 4. MayodAssistant 5. Human Rights(for contracts over$50,000) 5. City Councl 6. Finance and Menagement Services Director 6. Chief Accountant,Finanoe and Management Servioes 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all othere,and OMlnancea) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayor Assistant 4. Budget Director 4. Ciry Council 5. City Cierk 6. Chiei Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) t. Department Director 2. Ciry Attomey 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indfcate the#�of pages on which signatures are requi�ed and papsrclip or fla� sach oi thase pagss. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue.Oo not write complete sentences.Begin each item in your list with a verb. RECOMMENDATtONS Complete i(the issue in question has been presented betore any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LiST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This informatton will be used to determine the ciry's liability for workers compensation claims,taxes and proper civil servke hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created e need tor your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paui and its citizens wili benetit(rom this projecVaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecVrequest produce i(it is passed(e.g.,tralf'�c delays,noise, tax increases or assessments)?To Whom?When?For how long� DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved4 Inability to deliver service?Continued high traHic,noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the intormation you provide here to the issue you are addressing, in general you must answer rivo questions: How much is it going to cost?Who is going to pay? OFFICE OF THE CITY ATTORNEY G���-�-7 Timothy E. Marx, City Anorney � CITY OF SAINT PAUL Civil Drvision , Norm Coleman, Mayor 400 City Hall Telephone.• 611 266-8710 IS West Kellogg Blvd. Facsimile: 612 198-5619 Saint Paul, Minnesota 55102 � December 17, 1996 Ms . Nancy Anderson City Council Research Room 310 Saint Paul City Hall/Court House Saint Paul, MN 55102 RE: Resolution memorializing decision of City Council denying the appeal of Ian T. Ball from a decision of the Board of Zoning Appeals for property located at 36 South Dale Street, Saint Paul, IrII�T. Dear Nancy: Attached please find for addition to the consent agenda at your convenience a resolution signed as to form memorializing a decision of the City Council denying the appeal of Ian T. Ball of a Board of Zoning Appeals decision to grant the owner of the La Cucaracha restaurant a seven space parking variance. Very truly yours, ��� "" v ��� Peter W. Warner Assistant City Attorney CC : J. Hardwick, LIEP-Zoning q� -i �� � September 6, 1996 Ms.Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul,Minnesota 55102 Dear Ms.Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday September 25, 1996 for the following appeal of a Board of Zoning Appeals decision: Appellant: Ian T. Ball File Number: 96-171 Purpose: Appeal of a Board of Zoning Appeals decision granting a parking variance in order to obtain a liquor license for La Cucaracha Restaurant. Address: 36 S. Dale Street, St. Paul,MN. 55102 Legal Description of Property: Lots 11 and 12,Block 4; Terrace Park Add. Previous Action: The Zoning and Land Use Committee of the Summit Hill/District 16 Planning Council recommended approval of the variance with conditions. The Board of Zoning Appeals approved the variance request, subject to conditions, on a vote of 4- 1 with 1 abstention My understanding is that this public hearing request will appear on the agenda for the September 18, 1996 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-9082 if you have any questions. Sincerely, John Hardwick Zoning Technician cc: Council member Thune File#96-171 ` �o�ro��ic�nra The Saint Paul Ciry Council will conduct a publtc hearing on Wednea , September 25, 1996, at 4:30 p.m., in the City Council Cha:nbers.Tt�i3rd ,; • City Hall,to coasider the�ppeal of Ian T.Ball to a decision of the Board of:Zo ' Appeals granting a parking variance in order to obtaia a liquor licensa ; La Cucaracha Restaurant at 36 S. Dale Street. - Dated:September 18. 18�96--,__ _ ,.r.-,. l NANCY ANDERSON - . . . Assistant City Council Saef� ; , . _ Mt�■��Y+�.1#1�) OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION n1/_ _ �F�� Robert Kess[er,Director ���U � CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone:612-266-9090 Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street Saint Pau[,Minnesota 55102-I510 �i September 6, 1996 Ms.Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul,Minnesota 55102 Dear Ms.Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday September 25, 1996 for the following appeal of a Board of Zoning Appeals decision: Appellant: Ian T. Ball File Number: 96-171 Purpose: Appeal of a Board of Zoning Appeals decision granting a parking variance in order to obtain a liquor license for La Cucaracha Restaurant. Address: 36 S. Dale Street Legal Description of Property: Lots 11 and 12,Block 4, Terrace Park Add. Previous Action: The Zoning and Land Use Committee of the Summit Hill/District 16 Planning Council recommended approval of the variance with conditions. Staff recommended approval with conditions Board of Zoning Appeals; approved with conditions on a vote of 5-2. My understanding is that this public hearing request will appear on the agenda for the September 18, 1996 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-9082 if you have any questions. S' cerely, ; . �. / hn Hard ick � oning Technician cc: Council Member Thune ,, , /1,/� `'llJ -���� . .,,<::;«:,,:::,�:,.�.:<.;: :`:�+D`::::r�':'.::::;::::<:>: itl 11 ':0�1�`'.<:�,'::::::::::><;<;::s>:::::><::: ::.;:.;;;;:..$...;;;:::.;;>:;;>L:`„;tt5�;.�?El, ?`r3:::;>�`:�`.:;z:`<:: :::.:>:;:>;�.,.,.;:.;<:::»::» AP <:»>:<:::::;>;:::;>.:;:<:<:::»:<:>:>:::>: »»>:::>::;:>;::;:.:;;:.;;:.::.;:<:.;:.;:.;;::;;:.»>: PLICATION FOR APPEAL ...>;.::.;:�:::.;::;:�:;>:.;;>: ..:.,:>.:,...::..�:.:..... :��::�i'>"<;:: :>:�::>:�::<;<:::.:;:;>:<:;:::: :>::::>>:<:�>::>::>::>::>::<::>::><::>:::«<::..�:.�::. .:.;Ie.iia:>::::>:::::>:;<::::::>;:::_:::::<;:<;:;:;:::;::'>�<::.:::::::::.�.;..<.;:<;<::»:: ,,,,....:::: y � >t:�`';: ��� ��>::�::�:�"�:"":".::;;<.,:::»> +�i� —�N.L� . <::;�:�,:;i;:.;Si:i:;i.:.:;i%:.:;i%.<;.;,.'���i�:;.:::i�i�?:`•i�:?i%:�ii�i%•`::.:.:;:::i;a;::;:i.�:�;i�;i;�:;::i: � � �.,.��.-���.���� L��F ee�����.� zo • �::::.:: n�n t' Sec�on g � `!� :<::::�::::;:�>�::;:::;<:<:::::»:<�;<�::: �i:..f.::��'<:�;;;;`:::�i::;;ii:i??i;i;.i;::;::i:?::i�iiii:::;:,�ii<i �.::::�;afive.;:he�.r..i�g.;�€a��.;;<>.:::.>:.:.:;::.>:;::<. �r. �9{s�-�;d�}-�el�!r��rr�z � :::,...:::::.: w P ���•� S,�, La � �t°� .�::�::;:;:;::�.::::;�::::;;:::::�:�:::::::::.;::..:::::::::::::::.::;::::::::::::::::.::.:::::::::::: ,��.rt-�,sart#-,��r•eer 3 SO�� • PQ.tC� S1 . r � � ���`'� ,�' .��.�.:::'...�:...:..::::::':-,::::;:.;;:,<::>�. ai »::::::»:<:::>;»::;:::::>::»::::>: S nt :::»::»::::>:<><:»::»::>::>:<:<:::>:<:::»>::»:<:::>::>:<:.>::>::» Paul, MN SS102 2 - 66 65�9- 40 D g APPELLANT Name IAN T. BALL Address 6 2 SOUTH DALE, APT F � City ST. PAUL St,MN ZiP 5 510 2 Daytime phone 3 3 8-1313 PROPERTY Zoning File Name � CUCARACHA/ROBERT W. FLORES LOCATION Address/Location 36 S0. DALE STREET, ST. PAUL MN 55102 TYPE OF APPEAL: Application is hereby made for an appeal to the: � ❑ Board of Zoning Appeals �City Council under the provisions of Chapter 64, Section 206 , Paragraph (a) of the Zoning Code, to appeal a decision made by the BOARD OF ZONING APPEALS on AUGUST 26, 1996 , 19 File number: 96-171 (dafe of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or findin4 rnade by the Roard of Zoning Appeals or the Planning Commission. AP�LICANT HAS F�ILED TO MEET THE REQUIREMENTS OF SEC. 64 . 203 � (b) (1) , (2) , (3) , and (6) OF THE ZONING CODE. THE CONDITIONS ATTACHED TO THE RESOLUTION APPROVING THE VARIANCE WILL IMPAIR TRAFFIC, INCREASE PARKING DEMAND, AND INADEQUATELY DESCRIBE • THE PHYSICAL AREA APPROVED FOR THE VARIANCE. OgIO�fI9E100D35�.{i��i�'� �.�1'}� 4�180 VARIANCE �150 00 G�IEi.�i �1�7 QO Attach additional sheet if necessary) Applicant's signature � /�'-�' �-� Date� � %� City agent . ,. IAN TRAQUAIR BALL G2 SOUTH DALE ST. PAUL,MINNESOTA 5 S IO2 , September 3, 1996 Zoning Administration Attn: John Hardwick, LIEP 350 St. Peter Street, Suite 300 St. Paul, Minnesota 55102-1510 Re: Variance Application of Robert W. Flores Zoning File No. 96-171 Dear Mr. Hardwick: Enclosed for filing is an application for appeal to the City Council of the approval of the variance application of Robert W. Flores by the Board of Zoning Appeals, by resolution dated August 26, 1996 . Also enclosed is my check in the amount of $150.00 for the filing fee, and affidavit of service of application for appeal upon Robert W. Flores by United States mail. If you need to contact me by phone, my daytime telephone number is 338-1313. Please advise me when this matter will be placed on the City Council 's agenda. Sincerely, ��, I ��:�.p Ian Traqu r Ball Enclosures G� -15�11 UNSWORN DECLARATION FOR PROOF OF SERVICE In Re: Application of Robert W. Flores Zoning File No. 96-171 Ian Traquair Ball, Appellant, states that on September 4, 1996, I served the attached Application for Appeal, Zoning File No. 96-171, on Robert W. Flores, by enclosing a copy thereof in an envelope with first class mail postage prepaid and depositing the same in the post office in Minneapolis, Minnesota addressed as follows: Robert W. Flores Robert W. Flores 3911 Bailey Ridge Drive 36 South Dale Woodbury, MN 55125 St. Paul, MN 55102 And I declare, under penalty of perjurty, that the foregoing is true and correct. Dated this 4th day of September, 1996. � ` - - ..: r ��' .*;c; •f°Q r-H � � J ---- --- ' .4'��v �_.:.__ � , - . . , . . . . �'L . � 'a I ... . . . . � �.+. .. , . , � T Z A � � � `` APPLICATION FOR ZONING ORDINANCE VARIANCE � CITY OF SAINT PAUL • ;t A VARIANCE OF ZONING CODE CHAPTER �Z,SECTION �3 PARAGRAPH �i 3� 6. IS RE�UESTED IN CONFORMITY WITH THE POWERS VESTED IN THE BOARD OF ZCyMNG AP- ;. I 1 � PEALS TO PERMIT THE _���Y ��Ce.v�SG. ON PROPERTY t DESCRIBED BELOW. r � � A. Applicant; NAME: �� ,: _ `, Q ADDRESS y�) �� � �" � rl`�'� DAYTIME TELEPHONE NO.�,T� �' -�-�6 `r ZIP CODE � 1. Property interest of applican (owne contract purchaser,etc.) � C i; j t 2. Name of owner(if different) ' . � ti j ' B. Property Description: ADDRESS � � �O L �� a f �` �`: � � nr�� 1. Legal description: LOT � � L BLOCK ADD. �'`^ , . �+ � ���k � ; , r alt. � � 2. Lot size: ��QDU V ; ,' n s 3. Present Use .r v Present Zoning Disl� �� C. Reasons for Request: ---�(,� ���«,�- ����d r"e yhQ��1 '�Q SG2/LVt.� . ` 1. Proposed use�, ; ' �-� c�Acolr�ol�c �tla,�Q9cz u.�Qd be s�Y�e� • , � : � 2. What physical characteristics of the property prevent its being used for any of the pertnittec� ` � �: uses in your zone7(topography,soil conditions,size and shape of lot,etc.) �t'� ; � �JiZ� o�- �arl- � ; ; � � � : t' � � 3. State the specific variation requested,giving distances where appropriate.�� � � �: � �-''�"`�i SP�-�e Va.7��.� . ; E � o-�c4i�f-►'ah � ct ���or 1�ce.v�se iriCrea�,scs � c . k -�-1,� e�Ic� �' ?��n�.�.#— '��„n Z�l t� 3� 5 p Q�eS' r 4. Exp�in how your case cdilforms to each of the following: ' ; i t a. That the strict appiication of the provisions of the Zoning Ordinance would result in peculiar i � or excepGonal practical difficulties,or exceptionai undue hardships. � . ; �P p�a c� � t. I �; � < b. That the granting of a variance will CASHIERS USE ONLY '- not be a substantial detriment to = public good or a substantial impair- ^� ������j� i ment of the intent and purpose of �� ;�. the Zoning Ordinance. ��35,� ` ?�/9�9� .�� ; � � � . � -� ' �. Y �f 3s-- � c ._ o�-/u� � ; . � '`. Signature "� q� �(5�7 1 . �'L�i ►� �..,� l J� "�o �Ue(h�� ��u �-�., �v r,.n^ _..._ : � 1� � \ ) � L lJ� �(�%v1 E-1'.P �L �7't..I v�, �.G� d i.t,� . ' r � � � ��� -�� s�. �.� ,:_��_. ,S'`E"r.:�� �;.�`c;�U r,' ��< ��n�.�J 4 r,'',s�.�' �}.,G e� �.z�. 1 � �`C,rV 1 C�,_,:, ' 1 � ����,, w !�c� m� �u„����,e. �:,;-� �, ��, �������, Fao�«� � � .�'�,�r c,�:,:11 Yt;r�- i n�re�� �, r.��- �w r��r ��s��,�...., � � �y cs c.,,�'!j 7' t��rt�i�� , r.n� �� �h� r�, �,c��. �J�______. � �a,�-e{- �� . c� _�w%� n;�-���ror-�,�� w�� 1��, . h � _"...�..""'_..,' "���.�� ';��w�F-- 1 i l�' .i h, ��;�J�t,ce►v�`"��,��.�n,.v_��: . dl(�j.� Y: /`l�fL' � 1��� t>(/ ,�IV('G(��y,�c./� `T� � Jdq y�� _� ✓ ' � / �� , ) V Ir►�W �n c,.�z., � c�� �( i `�`1 �v fi�n��'v�-� `�'�.e. I � `°_'�.,, , � • �`�;�'��, '..,�I k:-_��l'� .�ti t, d��c-- i� � . ... i �.1'' e�,�f�/_.a��.�e, , , 1 _._c� �.P�;-��� �. _.�►�_�fe�� d F ��t rk!�, _��'...�..; _.� �� ���� � - Qt�l,'� ,_.1, � ss.. .l1 v�.r-i�. D1C�--�-d ��c.�'���n. _- ,_,_, � _ . ��,�1�_._._ ���'�nv U� .. _� �W _ �L�[<i�,, � � � 5 � �- ����,��,� .�.; - . �i1 s���:Js�I � ; _ ._ _._ . _ . _ _ _ � - -. _ _..,.,.� - � �� �-�,��,-��117 _� � - : .sL E ss,s" �3� �'1�es �� ;. .y.�..�: ;: _ `��>5��� _... � ��cAR,�� � �. � , . vP y9 (p— ❑ � RESTAURANTE & CAMINA CITY OF ST PAUL JLTLY 9, 1996 LICENSE DIVISION ALLOW ME TO INTRODUCE MYSELF.MY NAME IS BOB FLORES AND I AM THE PRESIDENT OF SANI'OS CORP. DBA LACUCARACHA MEXICAN RESTAI:fR.ANl�. LACUCARACHA IS LOCATED AT 36 SO. DALE ST. AND HAS BEEN SERVING THE CITY AND SURROLJNDING CO1��IlvI[JNITY FOR TVVEN'TY SEVEN YEARS.STARTIl�TG OUT AS A ONE ROOM DINER MY FANIIL,IE AND MYSELF HAVE MADE IT INTO ONE OF THE CITYS DESTINATION AUTHEN]CIC MEXICAN RESTAURANTS.DLTRING OUR GROW'I�-I YEARS WE APPLIED FOR AND RECIEVED APPROVAL FOR FIRST A 3.2 BEER LICENSE THEN LATER WI1�IE AND 3.2 BEER LICENSE.WE THEN HELPED LOBBY FOR THE ABILTI'iY TO SERVE STRONG BEER AND VVINE ON THE STATE LEVEL AS TT WAS N�T ALLOWED THEN.SUBSEQENTLY THE LAW PASSED AND TI�CTTY APPROVED OUR REQUEST.ALL OF THIS MAY SEEM A BIT LONG WINDED BUT TT WAS NECESSARY BECAUSE THE STRONG LICENSE WE WERE HOPING FOR WAS NEVER AVAII.,ABLE IN DISTRICT TWO.RECENTLY TT CAME TO MY ATTENTION THAT A LICENSE HAD FINAI�LY BECOME AVAII.,ABLE FOR US AND I WOULD LII{E TO APPLY FOR TT.YOU WONT KNOW HOW MUCH TT WaULD MEAN T�US TO FINALLY BE ABLE TO SERVE AN ACI�NTIC TEQUII.,A MARGARITA TO QO ALONQ WITH OUR AWARD WIlVNINQ MEXICAN FOOD, ALLOWIl�TC� US TO COMPETE Vf1ITH THE RECENT INF�`LUX OF BIG CHAIN MEXICAN RESTAUItANTS THAT HAVE RECENTLY MO�IED INTO OUR AREA CLAIlvIING TO BE THE REAL 'ITIING.IN CLOSING WE ARE HAPPY TO BE A NiEMBER OF TI� BUSINESS COI��vILJ'NITY IN ST PAUL AND LWK FORWARD TO CON7'�ILJIN(� TO BE A RESPONSIBLE AND CIVIC MINDID OPERATION. SINCERELY BOB FLURES (612) 526-5505 ❑ 36 South Dale Street • St. Paul, Minnesota 55102 • (612) 221-9682 • Fax (612) 227-2836 � �� � G� - �5� � 614 Grand Avenue, #3F Saint Paul Minnesota 55102-2640 30 July 1996 Mr. John Hardwick Office of L1EP Suite 300 350 St. Peter Street Saint Paul,Minnesota 55102-1510 RE: Request for Variance by Robert Flores File No.: 96-171 Dear Mr. Hardwick: I have written a letter on behalf of the Malloy-Bathurst Condominium Association, representing the interests of twelve families regarding the above-named matter. This letter I am sending on my own. The issues raised in the Condominium Association letter necessarily reflect my opinions, as well as those of the other owners. Essentially what I see happening here is that Mr. Flores will put his liquor license in, once more providing no additional parking. After a"reasonable" amount of time,he will throw up his hands in economic frustration, stating that no one wants to rent the Grandendale Pharmacy site at a feasible rent,and therefore he has no choice but to put the space to use. And what better way than to simply expand LaCucaracha into it? The word is that he is planning to close down his Minneapolis operation and move it over here. And while I had problems with the way Rosey's Coffeehouse was run,the new owners were making an effort to run it properly. Mr. Flores would not even consider granting them a lease, although they offered a 33 1/3% rent increase. God only knows what will happen to the little barber shop wedged between LaCucazacha and the drug store. This corner simply cannot withstand further parking and traffic pressure. It is really that simple. Furthermore, and more ominous from where I sit,is that Mr. Flores, although serving some of the best food in town, is less than responsible when it comes to neighborhood concerns. Through all the expansions over the years, he has failed to provide any additional parking. It is true that there are a dozen spaces behind the restaurant,but they are marked emphatically as"private parking." Those spaces are used strictly for employees. And again,while it is not unreasonable for one's employees to park close,it is part of this ongoing problem we have on Grand Avenue. We simply do not need another liquor establishment o the avenue. We cannot support the traffic and parking problems at this corner. Th must be denied. Sincere .,__ / d Doole TD/dc , � y•, Y � �� � I q� � I5��1 Malloy-Bathurst Condominium Association 62 South Dale Street•Saint Paul,Minnesota 55102 29 July 1996 Mr. John Hazdwick Office of LIEP Suite 300 350 St. Peter Street Saint Paul,Minnesota 55102-1510 � RE: Request for Variance by Robert Flores File No.: 96-171 Dear Mr. Hazdwick: Malloy-Bathurst Condominium Association represents the interest of twelve families located on the corner of Grand and Dale. As an association and as individuals,we adamantly,perhaps vehemently, oppose the request for a variance requested by Mr. Flores. In the twenty years I have lived on this corner,LaCucaracha has expanded its business on three or four occasions. At no time has it provided off-street pazking for its patrons. The seating capacity has increased from the original 15 or 20 seats to something which appears to be well over 150. And at no time in twenry years has anyone I have talked to been informed of any such expansion nor asked for our comments on it. With the demise of Grandendale Pharmacy,Mr. Flores has now purchased the rest of the corner. While he publicly states that he would like to place several small businesses into the space and that he has no intention of expanding LaCucaracha, and that he wishes to give the property the facelift that it has deserved for so long,his actions speak otherwise. The facelift thus far is a sloppy job of greer.gaint. No one here ha.�seen any changes inside for over two months. Nor has anyone here heard even a rumor of a new tenant. Additionally,Mr. Flores appears to be contemplating closing down his Minneapolis operation and moving the whole thing onto this corner. Presently, LaCucaracha closes its business at 10:00 or 11:00 each night. With a liquor license,the business will stay open until at least 1:00 a.m. And perhaps even 3:00 a.m. serving food. And all of this with no obligation to provide pazking. The situation,even as it is now,is barely tolerable. For the first time in twenry yeazs, I am often unable to �nd parking on the street. It is impossible to have guests over, particularly on a Friday evening. The parking pressure is phenomenal. And now Mr.Flores wishes to increase that pressure without even meeting the � minimal obligation of seven additional off-street pazking places. s ,,. . , Mr. John Hardwick 29 July 1996 Page Two It is simply not acceptable. r! We urge you to deny the variance. Since , y, � !� � �, a ., ooley y President,M o _- "thurst Condominium Assn. TD/dc cc: Summit Hill Association,Mr.John Siekmeier Council Member David Thune Mr. Robert Flores Mr.William Skally , . G1� - �5�� - ...t..,.. .. . F ir �} � � ,� f �y S � �M � 1� �.,.-�. � _ � � 2 , z � s •,. � .o-.. #; ��.� 6 1 � 5 � �. � : ' .� 12 � j � �..,.� .� � � � �..�.� .. ..� •� 4 � e L ..a. . 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(po� t 1 tnl wt 1 >' tA � � � � � � �� . �' I� , !I -- '� I �� -n.s• -- -�=-_s•_ sa'- �rp' - =�p' '�0, '70• -+o' --6p�-� �.i__-------�---------�-- __' ^ g LINCOIN , _ -------�F�---_iB�. �r----- ---- --- - —------—-— � ---------- - . . ----- --------------ya I� � �y ;� I' 2 r ; � r � � � :� , �, ;' I �� �� 1� � � , . 1 , : ' APPLICANT__�_ b<' � �I[1�Px5 LEGEND . . PURPOSE �1 in� Cl('I(LY1C2— �� Zoning district boundary n I � P� sub ed ro ert n� ohh''� FILE t! `��o` �� 1 DATE�' I?-' q� 1 P P Y �_ � PLNG. DIST � ��� " � MAP # � ' o one lamity • • ^ commercial � • �� . . .' , ; ¢ two lamily . � ...., industrial SCALE 1" - 400'• ;_ � _ � � �-¢-Q multiple lamity V vacant , , � � a� ����� CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: 96-171 DATE:August 26, 1996 WHEREAS,ROBERT FLORES has applied for a variance from the strict applicntion of the provisions of Section 62.103(�3&6 of the Saint Paul Legislative Code pertaining to off-street parking requirements in order to obtain a liquor license in the B-2 zoning district at 36 DALE ST S;and WHEREAS,the Saint Paul Board of Zoning Appeals conducted a public hearing on 08/12/96,pursuant to said appeal in accordance with the requirements of Section 64.205 of the Legislative Code;and VJI�REAS,the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing,as substantially reflected in the minutes,made the following findings of fact: 1. The property in question cannot be put to a reasonable use under the strict pro��sions of the code. As with most sites along Grand Ave.,this business does not have sufficient ofl`'-street parking to meet the cuirent parking standards. The applicant states that in order to compete with the racent influx of chain reslaurants it is necessary to provide cocktail service w7th strong liquor. Holding this restaurant to the strict provisions of the code would unreasonably restrict it's ability to compete in today's market. 2. The plight of the land owner is due to circumstances unique to this property,and ihese circumstances were not created by the land owner. The lack of available off-street parl:ing and/or sites to develop for parl:ing along Grand Ave.is a circumstance that was not created by the applicant. 3. The proposed variance is in keeping with the spirit and intent of the code,and is consistent with the health,safety, comfort,morals and welfare of the inhabitants of the City of St.Paul. � The City limits the number of liquor licenses available in each district of the city and a license recently became' available in this district While the primary goal of the ordinance is to control the concentration of liquor establishments in each district,it also has the effect of controlling,to some degree,the parl:ing problems in a district since a liquor establishment requires more parking than retail or office uses. The applicant's desire to tal:e advantage of an available license in order to keep his restaurant competitive is in keeping with the spirit and intent of the code. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property,nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. � The applicant states that he dces not intend to increase the seating in the restaurant if he obtains the liquor license nor does he expect a siguficant increase in customers. He also states that he now owns the entire building and will maintain a mixture of retail and office uses in the building that are compatible in terms of peak parking hours. If no � additional restaurants are added to the building,and provided that La Cuaracha does not expand its seating,there should be no adverse affect on the neighborhood through the granting of a liquor license. File#96-171 , Page 3 CERTiFTCATTON: I,the undcrsigned Secrctary to the Board of Zoning Appeals tor the Clty of Saint Paul, Mlnnesota,do hcreby certify that I have compared the toregoing copy with the original record in my oPlice;and tind the same to be a true and correct copy otaaid original and ot t6e h•hole thereot,ss based on approvcd m[nutes of the Saint Paul Board ot Zoning Appeals mceting hcld on August 12,1996,and on record in t6e Oftice of License Inspection and Environmental Protcction,350 S�Petcr Strect,Saint Paul,Minnesota SAINT PAUL BOARD OF ZONIlVG APPEALS � Sue Synstegaard Secretary to the Board � � �I(� - (5�1�l �� � � � --�b. Summit Hill Association � District 16 Planning Council John HardwiCk 860 Saint Clair Avenue Board of Zoning Appeals sa�nt Paui, Minnesota 55105 350 Saint Peter Street, Sl11te 300 Telephone 612-222-1222 - Saint Paul, Minnesota 55102 . Fax s�2-222-�s5s July 31, 1996 RE: Zoning File Number 96-171 Dear Mr. Hardwick and Members of the BZA, � Tha Zoning and Land Use Commiitee�of the Summit Hili Association/District 16 Planning Council reviewed the request by Robert Flores for a variance of seven off-= � street parking spaces in order to obtain a liquor license for La Cucaracha at 36 Dale = . - Street South. � �_ Mr. Flores was invited to attend the meeting, �but did not do so. Committee members thoroughly discussed his request and what it might mean for the neighborhood. The : , - committee determined that the addition of a liquor license will increase revenue for La Cucaracha, but should not increase the number of customers. The committee made the - following stipulations: � • .� the shared parking lot with twelve spaces should be improved and should be clearly available for customers - �- ` - - • the bar area should not be increased Based upon these conditions, The Zoning and Land Use Committee of the Summit Hill Association/District 16 Planning Council recommends approval of the request for a :�. variance of seven off-street parking spaces in order to obtain a liquor license for La .`.: _ Cucaracha at 36 Dale Street South. - Please understand that this recommendation in no way implies support for an increase � in the�hours �f operation c�r fer.an expansion of the restaurant into any othar part of the building at the corner of Grand and Dale. . � . Sincerely, � - _ - . �����- � � : . � _ Dianna Krogstad, Chair - � �_' - Zoning and Land Use Committee Summit Hill Association..: ._ :: • .� : - . . _ ; - . . . District 16 Planning�Council � _ cc: Robert Flores , - August 15, 1996 - � To: Board of Zon' Appeals ��% - From: James Wi ' Re: Variance ap rion of Robert Flores,File#96-171 I understand that Cucaracha has applied for a variance from the pazlcing requirement in order to upgrade his wine and beer license without having to plan and provide for an increase in patronage and the impact this will have on the neighborhood. I am a neighbor of this restaurant living at 614 Grand Avenue,Unit C. Parking in our neighborhood is already problemadc,resulting in strangers often using my private -off street parking space. In the evening it is now difficult to find a pazking space within a block of my residence, and in the winter the situation sometimes becomes impossible. There is obviously a reason why upgrading a liquor license requires that addidonal parking be available. No doubt it is for neighborhoods like this that the requirement is so important. Seven additional parking spaces seems a modest requirement. On behalf of our neighborhood,I should apply for a variance to require La Cucaracha to provide an additional fifteen parking spaces if they are going to begin serving Mazgaritas. Two more points. First,in the early evening automobile traffic on Dale between Grand and Summit can be problematic as some cars slowly cruise looking for pazking while others hurry to make both lights. This situadon will only be made more difficult. Second, there are many dinner hours when would-be patrons of La Cucaracha are lined up on the sidewalk,waiting to be seated. It is apparent that this little restaurant cannot now handle its volume of business. Undoubtedly,if they begin serving intoxicating liquor,their volume will increase. Customer service will further decline and the neighbors will be further inconvenienced. �� , f��� � 614 Grand Avenue St Paul,MN 55102 August 2, 1996 Mr.John Hardwick Office of LIEP Suite 300 350 St.Peter Street St Paul,MN 55102-1510 Dear Mr.Hardwick: I understahd that Bob Flores has app(ied for a variance to allow him to obtain a liquor license without - - adding the required seven additional parking spaces. T'his is of great eoncern�or me as a resident of the � La Cucaracha neighborhood. The parking situation there is currently unacceptable and the neighborhood cannot support any additional strain. It is currently extremely difficult to find parking on Friday and Saturday evenings for the residents,but it is virtually impossible for us to entertain guests. We would have to ask them to not only walk several blocks upon arriving,but also to walk those same several blocks alone in the dark when they leave. Many of my acquaintances flat out refuse to take that chance. I read the application for variance that Mr.Flores filled out and I cannot understand why it states that he would have to increase his parking requirements from 27 to 34 spaces. How could this be possible since La Cucaracha has NEVER had ONE SINGLE parking space to offer their customers? Do the spaces in back of the restaurant that are plastered with `NO PARKING AT ANY TIME' signs qualify as available parking? I do not have a problem with La Cucaracha getting a liquor license as long as they are willing to`give'a little to the neighborhood. Options that Mr.Flores could consider could be renting a parking lot-perhaps from a nearby church-and providing valet pazking,or a WELL EXECUTED shuttle service(It would do us no good if he provided a sloppy service which no one used),or removing the NO PARKING signs from his current spaces and having his employees park elsewhere. The neighborhood absolutely CANNOT support any more strain on the current parking situation. I am also concerned with the unoccupied business space that Mr.Flores has recently purchased. I have every reason to believe that La Cucaracha will quietly trickle into that space without any notification to the neighborhood or requirement to add parking. I believe this because the restaurant has expanded several times with no notification to us,and each time the pazking situation has gotten worse. Please help us maintain what little amount of residential parking we have remaining. Thank you. Sincerely, Laura E..Michelson e � � � August 9, 1996 Board of Zoning Appeals City of St. Paul - Off'ice of LIEP Suite 300, 350 St. Peter Street St. Paul, MN 55102=1510 Attention: John Hardwick Subject: File No. 96-171 Dear Appeals Board: As owner of a condominium unit at Grand and Dale who has lived there since 1971, I can attest that a parking situation which was originally bad has become dreadful. Restaurants have been developed or expanded within two blocks, none of them providing adequate off-street parking. Friends are reluctant to come to my home and organizations to which I belong refuse to have meetings at my place because parking is so difficult. Mr. Flores at La Cucaracha expanded his seating several years ago while providing no additional parking. Now he wants a liquor license with the very minimal parking requirements attached to that licensing waived. This will make a bad situation worse. I am particularly perturbed that his request covers the entire building at the Grand and Dale location (space previously occupied by Grandendale Drug and Rosey's Coffee House). It seems to me that this is the camel's nose under the tent approach to further expansion of the restaurant. If, as he claims, he has no intention of restaurant expansion, there is no reason to request the liquor license for the entire space. Mr. Flores seems to have been acting in bad faith and not as a good neighbor. We do not need more restaurant space nor amenities, such as a liquor license, that may increase business in the present space. The parking situation in the area will not support either. I am also concerned about the consumption of more alcoholic beverages on my door step, resulting in louder patrons leaving the restaurant noisily seeking their cars, many of them parked in front of my building, since there is no off- street parking. I understand fully that when one lives in an urban neighborhood, one has problems not attendant to life in a bedroom suburb. I also believe there are benefits which is why I chose a St. Paul city location. However, in this instance I believe that the drawbacks to the neighborhood and the residents who chose to live there exceed what we should be expected to tolerate. While Mr. Flores gains, all the rest of us lose. Yours truly, ik.�G�.� ��C2.,c��� Shirley Saildrs 62 So. Dale St. St. Paul, MN 55102 � • �78i11i96 19:26 DAK.CO.SOC.SERUICES 602 °I(�- I 5�1�] : . �'L . To: 7,oning Adn�iiiistration � Prom; Karen Pete,-,son 627 Grand Avenue#12 Sc. Paul, MN SS 10S Re: Liquor licensa applieatio�of Robert rlores 36 Dale St. Sauth St. Paul, MN 55�OS � 1]atos t�u�ust 11,�1996 I am �resident of the iiiunediat� axea in whtch Mr. Plores is a�eradr�� the restaur�ut, L�Cucaracha, for whieh lx; has rzaade An applicacion for a liquor 1lcense, and parkfng varlanee of 7 spac:es. I have sorious rescrvations about t��e wisdoni of grantiiig }�is r�c�ues�. The arc:a al lbe �ntersection of orand a:�d Aale is a veiy busy area in whieh pa�rking is already very dif�cult most uf txze tima I own a condom��aiuni and a parking spot in a sma111o�directly acro�s froni Mr. Flares' rc:staurant and fr�c�ucnt.ly f�nd daat patxons of hfs restRUrant havo i11��ally ��trked in my spot, At besc this is inconven�ieiat for uic. A� �i�iYC;� ugly wniiror��ations have developed. and . twlce ln �he pust year I hxve felt threat�ned by hls customcrs. Yes, I know cl�ey axe his eustomers�s I hAVe obscrvcd them enteri�ig aud exiting his restaura�nt at the times thc pinUlems have occurrcxi. In July of 199G, after one such eunfro�ntativn, I contacted the restaurat�t aztQ spok� with the manager, "�re�" regardi��g �ny concerns, and was tutally "binwn off" . His response was lo camplain to me thdt�e hAS dif�culty with parking tov, and perhaps � should �.elp llim. When I requested that some sort oP sign be posi;ed �n �hc restdurant tv notli�customers of paxk�ng restrictinns in the area, he slatcd that it�aad Ueen done in th�past with no success, and i�e rellisecl lo atlempt to assist me iu improving tlie sitaation iu any way. I f�lt his response deinonscrated a lack o�resp��t f�r me, nnd a poor a4litud� luwarci th�welfare of the community #n whtch tiley ttre doing business. In sun�►.n�aiy I can atily say thxt I have iiad sufficteny problems, aggrttvati�n and fear due to tlie parking problc�aas iii tliis area alr�dy wilhoul addin�; hard liquor to this equatio�n. LaCucaracha and it's managcment have xzot deuioi�str���el�vocl will or a concern for my welfar�or ttae welfare of thls community of wl�ich I an� aware. i can auly fr.�;l p�ssimistic regardit�their responsc to any 1'bture eozacerns which ma�arise f�oin tl�e gran�fn� v1'� liyu�z licen5e and parkin� varlanee. � I request that you iiot grant tt�is reyuest fvr a parking variance and liquoz'�iCez�se. � �a IAN TRAQUAIR BALL �� � 62 SOUTH DALE ST. PAUL, MINNESOTA S S IO2 _ August 5, 1996 Mr. John Hardwick City of St. Paul Board of Zoning �Appeals 350 St. Peter Street St. Paul, MN 55101 Re: Application of Robert Flores File No. 06-171 Dear Mr. Hardwick: I am writing in regard to the application of Robert Flores for a variance from off-street parking requirements for a liquor license at 36 South Dale, St. Paul . I am a condominium owner and resident at 62 South Dale, Apartment F, and would be severely affected if the variance is granted. It is my understanding that the city zoning ordinance requires an additional 7 off-street parking spaces for the liquor license; Mr. Flores is requesting a variance from the entire parking requirement. I urge the Board of Zoning Appeals to deny the application, for the reasons stated below. First, Mr. Flores has noted in his variance application that the current zoning ordinance requires 27 off-street parking spaces. Mr. Flores presently provides only 12 parking spaces for the entire building located in the northeast corner of the Grand and Dale intersection, and none of these spaces are re- served for customer use. If you visit the site, you will notice the signs warning customers not to park in those spaces. As a result, customers of La Cucaracha must look for parking along Grand, Lincoln, Oakland, and other streets, competing for limited parking spaces with area residents in a neighborhood that already suffers a parking shortage. This shortage results in restaurant customers parking in alleys, our condominium parking lot, and other off-street lots owned by other property owners for their use. Allowing Mr. Flores to expand his liquor license will increase his restaurant activity, resulting in more customers, and will increase parking conflicts with the neighborhood if Mr. Flores does not have to provide additional off-street parking. Second, although Mr. Flores has stated in his letter to your office that he does not intend to increase the seating /� �� �l0 � ��� capacity of La Cucaracha restaurant, he has requested that the variance be granted for all of 1.ots 11 and 12, block 4, Park Terrace Addition. If this variance application is granted, Mr. Flores will be able to expand his liquor service to the rest of the building without having to satisfy any off-street parking requirements, even though such expansion would have a substantial negative effect on neighborhood parking. If Mr. Flores means what he says, he should amend his application to restrict the variance request to the floor space presently occupied by La Cucaracha at 36 South Dale. Third, Mr. Flores has not provided any evidence that satisfies the requirements set out in Section 64.203(b) of the city zoning ordinance for granting the variance. The property is clearly being put to a reasonable use under the present zoning restrictions; La Cucaracha is a profitable restaurant with an overflow customer base. There are no circumstances unique to this property that warrant the variance, and Mr. Flores recently purchased the building with knowledge of the zoning restrictions in place at the time. Granting the variance will alter the surrounding property and unreasonably diminish property values by increasing parking demand for limited parking spaces. As your office knows, the threshold requirement for a zoning variance is much stricter for a variance than a rezoning, and Mr. Flores ' application makes no attempt to show that these requirements have been satisfied. The intent of the off-street parking requirement is to prevent parking congestion resulting from increased business activity; Mr. Flores' variance request is clearly contrary to that intent. Furthermore, it is obvious that the primary reason for the variance request is to increase La Cucaracha' s revenue from liquor sales. Section 64.203(b) (6) specifically states that a variance cannot be granted when this is the case. Mr. Flores has made no effort to mitigate the impact of his restaurant business on adjacent residential and business properties. He has reserved all of his off-street parking spaces for his employees and family members and has pushed his customer parking requirements onto other neighborhood properties. Granting the variance would aggravate an already difficult parking situation. Our condominium association, like other property owners in the vicinity, is tired of providing Mr. Flores with off-street parking for La Cucaracha customers. 2 am urging the Board of Zoning Appeals to deny the variance application. Please include my letter in the hearing record on August 12, 1996. Sincerely, �=](ir"..- ! , � `�� /C7Z"-�� Ian Traqua/ Ball � �� � . , MR. LYNN G. LINDSAY 613 GOODRICH AVE. ST. PAUL,MN 55102 August 8, 1996 John Hardwick Board of Zoning Appeals 350 St. Peter Street, #300 St. Paul, MN 55102-1510 . Re: File No. 96-171 Dear A�r. Ha:u�tiic�: I have reservations about how a parking variance will impact adversely an already � congested corner. I live two blocks South of Grand Avenue and Dale Street. I have beeri - apprehensive about the corner since its former anchor tenant(Grand & Dale Pharmacy) : � �� left the N.E. side of Grand. Four store fronts now stand empty where a pharmacy and, separately, a coffee shop once stood. : , Dale Street is one of two major North-South traffic routes (in addition to Lexington) which leads directly into the heart of Crocus Hill's residential neighborhood. : � Already there is traffic and parking congestion. By day bus commuters park their cars nearby in order to catch the #3 bus to and from downtown. Tenants at nearby rental units have a hard time finding off-street parking. Enter La Cucharacha which owns three empty and adjoining storefronts. The � restaurant seeks a parking variance in order to secure a liquor license. I am concerned _ about the timing of the variance request. How can the restaurant seek a parking variance ��:� for its own business before knowing the parking requirements of its future commercial tenants and their respective patrons? . T uriderstand fhat the corner requires a strong anchor tenant. And I know that La � � .� Cucharacha is an attractive and successful establishment. Nonetheless, I urge the Board �• � of Zoning Appeals to table this matter until the restaurant owner's intentions become � clear regarding the connection between expanding his restaurant operations and sub- � letting his empty commercial space/s. � Thank you for considering my comments. � Sincerely, . 4� �"'";�"'�"°-��'faUG-09-'96 FR I 14:49 I D:HUD-h1PLSiST PAUL TE�, N0: C612)370-30�t6 ii01? P01 .— - , .. ��J - � ��� � �� August 9, 1996 � � �oard of 2ozung Ap.peals ......__. .. . . .. _. . .. • ------ City of St. Paul - O�ICC Of i.TRD �-�RM OD(7-00) FAX TRANSMITTAI� �Of�'' Suite�00, 3g0 Si. Peter Street To �,,, Sc. Paul� MN 55102—1510 '�•v'� ,�,��',F'�c✓c �.S•S�a ic o� . �.�� �y-s��� � �; .�,ttention: John Hazdw�,ck � �_ .. . F�s�G�r.'�09� �. Subject: Pile No. 96-171 ' I�car Appcals Hoard: As owner of a condominium w�at at Grand and Da1c who has lived there sinc,e 197� I can attest tliat a park�ip�g situation�which was origixtally bad has become dreadful. �tcstaurants)�ave been deveIoped or�cpunded wichin two btocks, nome of them providit�adequate off-stxeet parking. Frien�ds ace roluccaut to come to my home a�d organizat�ona to which I belong xe�'use to have meetings at n,y paac� bocause�arldng is so difficult. ' Mr. P�ores at La Cucaracha eacp�ded his seatitxg Bevezal ycars ago w}ule providing no add�it�onal � parking, Now l�e warzts a liquor licensa wxth the ve.ry�minimaI p�r�ting requa�at�ements ati�ehed to t,hat licensing waived. This wlll make a bad s�tua.don worse. I am particular�,v perturbed that his xequest covexa c�ae entire building at the Grand and bale locatioz�(space previously occugied by Qrandcndale ��S��osey's Coffcc�ouse). It seems to me Rhat this 9s the camel's nose under the tont appcoach . to.�urther o�parJSlOtI Of chhe �'est3utant. If, as he claiums, he 1�as no intan.tion of restaurant capansion, ther€ is ao r�ason to xequest the li�uor llcanso for We entire space. Mx. Flores seems to have boen acting in bad falth and Aot as a good neighbor. We do not neod moxe restaui'a�t apace nor anuen�i�ties, such as A liquor laconsa, chaz may incrcase busluaess in the prr,�enc space. The pazking situadom 1�the area will nat suppon etther. I am also concsrned about tl�e consumption of more atcoholic beverages an my door stap� resuiting�q loudcr patrons Ieaving ctie restaucant noisily aae�;iwg their cars� manY of thom park,cd in fromt oP my building, eineo thece is no of� . atreet�arking. I understand flilly that when one lives in an urban neIghboihoad, o�ae has problems aaot auendant to lifa i�u a bed�oam suburb. I also baliave Were ar�bene�ts wl�ich is why I cho8e a St. Paul city tocadon. However. in this instaacc I belleve that tho drawbacac;s to tIu neaghborhood and the resiCents who chose to liva there exceed what wo shouid be e,�pected to tolerate, Wbt�e Mr, Florc� ga�ns� a1Z�e reat o�'us t4se. Yours tru1Y� . . 's�cX-�"b � Shirley Sail �ra � b2 So. Dale St. St. Patil, MN 55102 � . . . , � ^ AL� 09 '96 09�12AM KEVIN HEPNWESSY� � � ' -� � P.i� . � �� � �I`_ • '.�.�.� August 9, 1996 Re:Filc No. 96-171 Public Hcaring for August 12, 1996,3 PM To Whom it may Concern, I have rcceivcd notice of the Public Hearing for August 12-however,t will be u�blc to Attond. I azn writing this latter to express my opinion and concem over granting a variaace to the off•street parking requiremeat applie�for by Mr. Flores for a tiquor licence. Wc moved into the hou.ae at 608 Grand two years ago-aa area wluch wa w�ell knew bordercd oa the commercial district of Grand Avenue. At that timc,howcva,the commercial district in our �•neighborhood"was La Cucaraca restaw�ant,Cirauudendale pha,macy aud Rosie's Coffee House. The addition of a liquor licence obviously is being added to increase business,and obviously t�ot the kind of business we,as a family of four t�ying to preserve what we have for a neighborhood, wvutd like to see. Imagine if yvu live in the Highland arca and you found 4ut sorneone waats to open a bar kim-cornor from your lwuse! To say the least,we ar�not in favor of the liqnor licence to begin with. Our main azgument asainst this variance might be that if these parking spa�s are rcquued by some law(presumably to keep on-street parkiug op�n for say,peopie in tha noighborhood),thon why �vould a varias�ce cver be aLlowed,especi�lly in an area sueh as ours whcre parking is bard to comc by alrcady. My az�►ment is simple,aud it is a property valu�e conarn to us as weil as a concern to our lifesryle a.R a family. If tlu restaurant has the parking spaces then I assume there is no stoppiag them. if che law is being`bvcriooked"for someone's business interest at tho expens�of ow resideatial neighborhood,then we are going to object aad inevitably,make a bigger issue of this than just write a letter of objeciiou. Sincerely, Kevin Hennessy 6U�Gtand Aveque St.Paul,Minnesota 55102-26i0 Phone:(612)227-5183 email:BBW3MIM a�OL.COM i (.�H � ' . 51 — — — — —� '� G� ��� I - l2, � 30 �s.� aes Q �.o..Cc•.c.arwcl.o� Zo I I c, I 1s 54+c �r` � I S1lc,.y+onS � .-._ ._. - - - --� � 20 I�� I 30 ( � � i I � . ( - � Q_ � � l °'�`y s t -i � (C�,,�'t;..t � �r. ���� �(�cc,.�.t � � I �+°.".�c-�. ( v�- , � I 1 � � 49 �I request, exhibit #5. 'RAISAL CONSULTANTS - 1021 BANDANA BLVD - SUITE 229 - ST. PAUL, MN. 55108 ,� r,�: