The URL can be used to link to this page

02-476ORIGINAL RESOLUTION Presented B} Referred To Council File # b 7. _ yr► (p Green Sheet # �\ 3� Q 9 2 Whereas, Carol Toner, in Zoning File no. 02-103580, made applicarion to the Board of 3 Zoning Appeals (hereinafter, the "Board") for a variance from the strict application of the Saint 4 Paul Zoning Code for property commonly known as 259 University Avenue West and legally 5 described as Robertson & Van Etten Addition to St. Paul Ex S 20 Ft for Ave W 6 Ft of Lot 2 and E 38 Ft of Lot 3 Blk 28; 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 Whereas, The purpose of the application was to vary the standards of the zoning code so as to permit a variance from the separarion requirements for residential property in order to move a currency exchange business presently located at 477 Rice Street to 259 University Avenue West. The zoning code required 100 feet of separation from the nearest residential property line to the building. A separation of 69 feet was auailable, for a variance of 31 feet; and Whereas, The Board conducted a public hearing on March 25, 2002, after having provided notice to affected property owners, and the Board, by its Resolution no. 02-103580, adopted March 25, 2002, decided to deny the application based upon the following findings and conclusions: The property in question can be put to a reasonable use under the strict provisions of the code. The applicanYs currency exchange business is presently located at 477 Rice Street, wluch is about 3 blocks from this site. The appl'acant was informed recenfly that the State of Minnesota was acquiring her property at 477 Rice Street through eminent domain in order to create more parking for the State Capitol. The only property in the immediate area that she has been able to find is the properry at 259 University. This building is currently vacant. The most recent use in the building was a pizza restaurant. A currency exchange business is a use that is first permitted m a B-2 zoning dishict, subject to the condition that it is located at 100 feet from the nearest residential properry line. The use is also permitted in a B- 3 zoning district subject to the same condition. A B-3 zoning district is less restrictive than a B-2 district. Most of the surrounding property is owned and or used by Ron SaYSOn auto dealership. A high volume business, such as a currency exchange, is more appropriate in a B-3 district and is a reasonable use for this properiy, if it met the required 100 foot separation from residential property. However, there are other reasonable uses that could be established on tlus site that would not require variances. CITY OF SAINT PAUL, MINNESOTA (7 i o�IG►i�I� 2 2. e plight of the land owner is not due to circumstances unique to this property, �a.'y� ` 3 and these circumstances were created by the land owner. 4 5 There is nothing unique about this property that would prevent it from 6 being used for a reasonable use that would not require a variance. 7 8 9 10 3. 11 12 13 The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the heaZth, safety, comfort, morals and welfare of the inhabitants of the City of St. Pau1. 14 The applicant states that a currency exchange business is primarily a 15 neighborhood oriented business. The majority of customers work or live 16 in the immediate area. She states that the business presently provides 17 service to about 1,400 people annually who live or work in the 18 neighborhood. Relocating in the immediate area in order to conrinue 19 servicing the existing client base is important for both the applicant and 20 the people using the service. The applicant has submitted a petition signed 21 by over 400 people, many of whom live in the immediate azea, in support 22 of the requested variance. This request is in keeping with the spirit and 23 intent of the code. 24 25 26 27 28 29 4. The proposed variance will not impair an adequate supply of Zight 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. 30 There will be no changes or additions to the exterior of the building other 31 than signage. Provided that permits for the new business sign(s) are 32 obtained, and the signs do not exceed that allowed by code, the proposed 33 variance will not affect the supply of light or air to adjacent properties. 34 35 The applicant's business has been located at 477 Rice Street since 1985. 36 The applicant states that there has never been a complaint filed with the 37 city or the state regarding the business. In checking the records in the 38 Office of License and Inspections, staff found no record of any complaints 39 regarding this business. The proposed business is in keeping with the 40 nature of the other businesses in the area and will probably have less of 41 impact on the neuby residential uses than the previous restaurant business 42 did. 43 44 5. The variance, if granted, would not permit arty use that is not permitted under the 45 provisions of the code for the property in the district where the affected Zand is 46 located, nor would it alter or change the zoning district classifzcation of the 47 property. 48 49 The proposed variance, if it is grated, would not change or alter the zoning 50 classification of the property. 51 Q R I�G I(�A L�e request for variance is not based primarily on a desire to increase the value b 3 or income potential of the parcel of Zand. � Z'�� 4 5 T'he applicanYs primary desire to relocate in the immediate azea in order to 6 continue to serve the same client base. 7 9 Whereas, Pursuant to the provisions of Legislative Code § 64.205, Carol Toner duly filed 10 an appeal from the deteimination made by the Boazd with the City Clerk and requested a hearing 11 before the City Council for the purpose of considering the actions taken by the said Boazd; and 12 13 Whereas, Acting pursuant to Legislarive Code §§ 64.205-.208 and upon notice to affected 14 parties, the City Council duly conducted a public hearing where all present were given an 15 opporhxnity to be heard on Wednesday, Apri124, 2002; and 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 50 51 Whereas, Having heazd the statements made and having considered the variance application, the report of staff, the record, minutes and resolution of the Boazd, the Council, does hereby Resolve, That based on the following findings the Council of the City of Saint Paul hereby reverses in part and upholds in part and the decision of the Board in this matter: The Saint Paul City Council finds error in fmdings number 1 and 2 as contained in the Board 's Resolution No. 02-103580 and amends them to read: a. The property cannot be put to a reasonable use under the strict provisions of the code. Currency exchanges are perxnitted uses in B-2 zoning districts. A currency exchange is prohibited on this parcel because of the 100 foot separation requirement applicable to this pazcel only because of an abutting residential use. Because currency exchanges are otherwise permitted in B-2 zoning districts, it is reasonable to vary the separation requirement for a currency exchange on this pucel. b. The appellanYs plight is due to circumstances unique to the property. The currency exchange desires to relocate to this property because the state of Minnesota is condemning the nearby properry where the currency exchange is presently located. The need to relocate was brought about by the state of Minnesota and not by the applicant. The commercially zoned properties along University Avenue are only about 100 feet deep. It would be impossible to locate a currency exchange along University Avenue without a variance of the separation requirements. The need to relocate and the depth of commercially zoned lots along University Avenue are circumstances which were not created by the applicant. 2. The Councii adopts the Boazd's findings no's. 3- 6 and upholds the same as its own. And Be It Further Resolved, That the appeal of Carol Toner is hereby granted; �IORlG!�IAI� 2 d Be Further Resolved, That the variance applicafion of Carol Toner in zoning file 3 no. 02-103580 is hereby approved subject to the condition that the business signage on the a i `y1 � 4 property is limited to that ailowed by the code 5 6 And, Be it Finally Resolved, That the City Clerk shall mail a copy of this resolurion to 7 Cazol Toner, the Zoning Administrator, Planning Commission and Boazd of Zoning Appeais. Requested by Department of: sy: Form Approved by City Attorney B � �/�✓�-. s �s oz Adoption Certified by Council Secretary Approved by Mayor for Submission to Council By: Approved by Mayor: DZe A By: � � � � 7� � ��. � Adopted by Council: Date w�l yy�R_ J �O 0� _'.�T Attorney GREEN SHEET 266-8710 xuYeER icrt ROIRYIf� OROHt TOTAL # OF SIGNATURE PAGES ce.�.a.«crart o�-��c. N� 1137Q9 anca�rt ❑ urcwnorotr ❑ rnraawK ❑ NMMq�IiFFiILFtON. ❑ HiSNO�tI ❑1YVOR1�MAtmsfNlT) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action taken Apri14, 2002, granting the appeal of Carol Toner to a decision of the Board of Zoning Appeals denying a variance of the spacing requirement for a currency exchange business to the nearest residential property line at 259 University Avenue West. PI,ANNMG CAMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION Has this persoNfirm ever waAcetl under a contract for thie tlepaAmeM7 YES NO Has Mis Pe��rrm e.er heen a cilY emPblree� YES NO Does Uus p'-rson?�n 0� a sldll not �omiallYD� bY artY cu�rent City emWoYee? YES NO Is this P�soMflRn etarpeted VendaYt YES NO AMOUNi OF TRANSACTION COST/REVENUE BUDGE7W (CIRCLE ON� ACTIYI7Y NUM6ER � u��;F] (IXPWN) OFFICE OF THE CITY ATTORNEY Manuei J. Cervaazu, Ciry Attorney O1 �4� L �r CITY OF SAINT PAUL Rarsdy C Kelly, Mayor ct,�t D;,umn 400 Ciry Hal1 IS WuiKelloggBlvd. Saint Paul, Minnesota 55702 Telephone: 651266-8710 F¢csimile: 65I 298-56I9 j_' ., y�% �� _ _A �.. _: May 16, 2002 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Appeal o£Carol Toner City Council Hearing Date: Apri124, 2002 Deaz Nancy: Hand Delivered Attached please find the signed original of a Resolution memorializing the City CounciPs decision to grant Carol Toner's appeal from a decision of the Boazd of Zoning Appeals denying a variance for the property at 259 University Avenue West. Please place this matter on the City Council's Consent Agenda at your eariiest convenience. If you have any questions, please don't hesitate to contact me. V ery truly yours, �� .�� Peter W. Warner ��/ Assistant City Attorney PWWlrmb Enclosure cc: LTEP - Attention License Division OFFICE OF LICENSE, INSPEC7IONS AND t ENVIRONMENTAL PROTECTION Q.y � �� p Roger G Curtis, Directar CITY �F .SE�NT PA�. LOWRYPROFESSIONAL BUILDING Telephone: 651-266-9090 Randy G KeZly, Mayor 350 SL Peter Streeb Suiie 300 Facsimile: 657-266-9124 SaintPaul,Muulesota55102-]SIO Web: wvnecistpoul.mn.us/liep St PADL I�:AL I�11CC°o O� • FyRS.7'HIIN� noric� oF rasiac �axuzG March 28, 2002 7ne sa;nc �,� c�y co,�a W;n ��e � C a pubfic hearing on Wednesdap. Apn1 24. "(7 2002, at 5:30 p.m. 9n the Clty Council ��/ l Ms. Nancy Anderson ct,��, �a- ��= ci�y �u- Council Reseazch Office �011�`�"�, 15 w�t �nogg so»te�a�a, Saint Paul. MN, tm m�sida the appeal of Room 310 City Hall Carol Toner to a decision of the B�rd of CA � Zon'uig tlppeais�denying a vaz�iance of the ��a-�f J�`l, Sa1ntP2.A1,iVIN.SS1�2 spactng requirement for a currency _ __ � eschange business to the neazest residential . ' proper[y line at 259 Univecsity Avenue West Dear Ms. Anderson: nacea: nPrit s, aooa NANCYANDERSON Assistant City Covncil"Secretary Up� �11 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, Apri124, 2002 for the following zoning case: Appellant: Carol Tonex 02-106962: Purpose: Appeal a decision by the Board of Zoning Appeals denying a variance of the spacing requirement far a currency exchange business to the nearest residential property line. Location: Staff: District 7: Board: 259 University Ave W. Recommended approval subject to the condition that a11 business signage complies with current zoning ordinances. No recommendation Denied on a 5-2 vote. I have confirmed this date with the office of Council Member Jerry Blakey. My understanding is that this public hearing request will appear on the agenda of the City Council at your eazliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ! Sipce ely, � c�"" � Ohn Hazdwick, Zoning Specialist AA-ADA-EEO Employer o �,_�� NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, April 24, 2002, at 5:30 pm. in the City Council Chambers, Third Floor, City Hall- Courthouse, 15 West Kellogg Boulevard, Saint Paul, MN, to consider the appeal of Carol Toner to a decision of the Board of Zoning Appeals denying a variance of the spacing requirement for a currency exchange business to the nearest residential property line at 259 University Avenue West. Dated: April 8, 2002 Nancy Anderson Assistant City Council Secretary **�**��*��* -COMM.JOURNRL- *��*�**�****�****�� Df7TE RPR-08-Z062 ***** TIME 14:09 *** P.01 MODE = MEMDRY TRANSMISSION FILE NO.= 190 N0. tOM PBBRiNiL1lC STRTION hBaMEi TELEPHONE N0. 001 OK C01> LEGRL LEDGER 55P32T=RPR-HB 14�H8 END=RPR-H8 14�H9 �� o �, .0 PRGES PRG.NO. PROGRRM hL9ME � -City of Sa_nt Paut - �k�x�M�*�M��*M -City Counc:l -�� - 651 266 8574- M��x� �^� � CITY OF SAINT PAUL OFFSCE pF THE CTTY COL3NCIL F�csnvzu,� Txalvs;�sszorr COVER SHEET TUi ,, FROM: � 'Q, FAX #: �: `P�.4, ��' �� . DATE: � � ,'�- � � � Note: Facsimile operaror, please deliver this trstnsmission to the above addressee. Tf you did not receive all of the pages ia good condiaon, please advise ,Taaie Lafrenz at (651) 266-8560 at your earliest coavenience. Thank you. NIINiBE12 OF PAGES (T1vCLUDING TFTTS pAGE): � QTY HALL 'CHIIiD TZOOR � pnnleJOn rucY�'�adDeGe/ SAIlVf PAUL. MINNESOTn 55102 OFFlCEOFLICENSE.fYSPECTIO�SAtiD �t_ EtiVIRONMEtiTAL PROTECTION 6 �„�� `O RogerC Crcrb.+. Dvecmr � C[TY OF SAINT PAUL Rom/r C Ke/h: .Lfnrur March 28, 2002 Ms. Nancy Anderson Council Research Office Room 310 City Hall Saint Paul, MN. 55102 Dear Ms. Anderson: LOH'R1'PROFESS/O.VALBL7LDI.CG Te/ephnne 6i/-?bh-904n 3JOS1 Pe/erStreet.Sxiir300 Facsimile. 6�7-166-91?�1 SainlPaul. Llinnesolo�J/lP_-IJIO K"eb: �nncci.�lpanl.mnrrsiLep I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, April 24, 2002 for the following zoning case: Appellant: Carol Toner � 02-106962: Purpose: Appeal a decision by the Board of Zoning Appeals denying a variance of the spacing requirement for a currency exchange business to the nearest residential property line. Location: Staff: District 7 Board: 259 University Ave W. Recommended approval subject to the condition that all business signage complies with cunent zonin� ordinances. No recommendation Denied on a 5-2 vote. I have confirmed this date with the office of Council Member Jerry Blakey. My understanding is that this public hearing request wi11 appear on the a�enda of the City Council at your earliest convenience and that you will publish notice of the hearin� in the Saint Paul Legal Ledger. Thanks! y Si cer ly, � � � ohn Hardwick, Zoning Specialist AA-ADA-EEO Emplo� er APPLICATION FOR APPEAL e opment ��f_Zen�S„ec.�s_�mrz-- �7��' c e t� �,�j�� J� ,—�?. ner _ urt : Street 3 5'o S j �`�.Q I 2�� au , SSIO2 S �;.— 3 0 O S r- �� s's /� z� APPELLANT Zorc�r�g ti�'f'cce use �Cy _.�ile .no<.��" �i�� `��. Z- �se ��G'� __ °. `fentat�t+s.h r�rtg c�ais: , � �� , �,; � Carol Toaer 517 Lake Street PROPERTY LOCATION City Prescott St WI Zip phone h12-41�o--5050 Zoning File Name Carol Toner Address/Location 254 U».versitv Ave�ue West 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 , Paragraph of the Zoning Code, to appeal a decision made by the City of St. Pz>>1 Board of Zor.in� on March 7_5 ,�q 20p2 File number. 07_-1035�0 (date 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 finding made by the Board of Zoning Appeals or the Planning Commission. See A_ttache3 � � I Attach additiona/ sheet if necessary) I ' -�� • Applicant's signature ��1`-9/�: ', %FY}Z� Date 3 �1�'� "]�City agent p i .41 te Applicant submitted her Application for Zoning Variance to reduce the 100 foot separation � requirement between a currency exchange business and the closest residential property line as applicable to a B-3 Zoning District use. A currency exchange business is a permitted use in a B-3 Zoning District but is subjed to a 100 separation requirement. The Board of Zoning has issued Findings of Fact that include findings: A. A currency exchange is appropriate in a B-3 District and is a reasonable use for this property, if it met the required 100 foot separation from residential property. B. The requested 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. C. The requested variance will not impair an adequate supply of light and air to adjacent property, and �vill not alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. D. The variance, if granted, would not permit any use that is not permitted under � the provisions of the Code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. E. The request forvariance is not based primarily on a desire to increase the value or income potential of the parcel of land. However, the Board ofZoning denied the Application for Variance based solely on its finding "there are other reasonable uses that could be established on this site that would not require variances." The Board of Zoning has erred in its denial of the zoning variance, in part: A. The sole finding (stated in both Finding 1 and Finding 2) on which the Board of Zoning based its denial, that "there are other reasonable uses that could be established on this site that would not require variances," is not the proper standard in determining the existence of "undue hardship." Undue hardship does not require finding that there are no other uses for the land (the Finding made by the Board of Zoning), but instead requires showing the land owner would like to put land to a reasonable use, but proposed reasonable use is prohibited under strict provisions ofthe Code. Roswell v. Board of Adiustment of the City of Moorhead, 446 N.W.2d, 917 (Minn. App. 1989), and as • MPLS 2077347 successfully argued by the City of St. Paui in Sagstetter v. City of St. Paul, 529 N.W.2d, 488 (Minn. App. 1995). The Board of Zoning did state in its Findings � of Fact that a currency exchange is a reasonable use for this property. B. The University Avenue B-3 properties in Applicant's business locale are unique in that the lots are only 107 feet deep and border residential lots to the back, thereby eliminating any currency exchange business in the area even though they are a permitted use in a B-3 Zoning District. The proximity of all buildings in this B-3 area to adjacent residential lots is a hardship unique to property in this area. C. The Board of Zoning's denial is arbitrary in light of its previous decisions and other existing uses: The City Council has previously granted a variance to permit the location of a currency exchange business within 10 feet of a residential building. In numerous othercases, not necessarily involving currency exchanges, the City of St. Paul has granted variances for a use otherwise prohibited, even though "there were other reasonable usesthat could be established on the site that would not require variances." Miriam Park Communitv Council, Inc. v. McDonou�h, 210 N.W.2d, 416; Sa�stetterv. City of St. � Paul, id. iii. There are other currency exchanges in St. Paul that are non-conforming to the 100 foot separation requirement without impact on the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Further, similar businesses, such as banks, are not subjected to the unique restriction imposed by the City's ordinance on currency exchanges. MPLS 2077341 � O a- -�1'1 to �J u BOARD OF ZOIVING APPEALS STAFF REPORT TYPE OF APPLICATION: APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION PLANNING DISTRICT PRESENT ZONING: REPORT DATE: � : � ►L�i�i7;7C�Y[�]�F Major Variance CAROLTONER March 25, 2002 259 iTNIVERSITY AVENUE WEST FILE #02-103580 ROBERTSON & VAN ETTEN ADDITION TO ST. PAL3L EX S 20 FT FOR AVE W 6 FT OF LOT 2 AND E 38 FT OF LOT 3 BLK 28 '-�� March 12, 2002 May 6, 2002 BY: John Hardwick DATE RECEIVED: Mazch 7, 2002 A. PURPOSE: A variance of the separation requirements from residential property�in order to move a currency exchange business from 477 Rice Street to 259 University Avenue West. A sepazation of 100 feet from the neazest residential properry line to the building is required and a separation of 69 feet is available, for a variance of 31 feet. B. SITE AND AREA CONDITIONS: This is a 42 by 108-foot lot with alley access at the rear. The building occupies the front half of the lot and there is surface parking on the rear half. Surrounding Land Use: Commercial uses along University and residential along Sherbume to the north. C. BACKGROUND: The applicant recentiy purchased this property and is proposing to move her currency exchange business here. D. FINDINGS: 1. The property in question cannot be put to a reasonable use under fhe stricf provisions of the code. � Page t of 3 ZONING CODE REFERENCE: 60.542(4) File #02-103580 Staff Report The applicanYs currency exchange business is presently located at 477 Rice Street, which is about 3 blocks from this site. The applicant was informed recently that the State of Mimiesota was acquiring her properiy at 477 Rice Street through eminent domain in order to create more parking for the State Capitol. The only property in the immediate azea that she has been able to find is the properiy at 259 University. This building is currently vacant. The most recent use in the building was a pizza restaurant. A currency exchange business is a use that is first permitted in a B-2 zoning district, subject to the condition that it is located at 100 feet from the neazest residential property line. The use is also permitted in a B-3 zoning dishict subject to the same condition. A B-3 zoning district is less reshictive than a B-2 district. Most of the sunounding property is owned and or used by Ron Sasson auto dealership. A high volume business, such as a currency exchange, is more appropriate in a B-3 district and is a reasonable use for this property, considering the nature of the adjacent businesses. However, since the commercially zoned properties along University Avenue aze only about 100 feet deep, it is impossible to located a currency exchange business on University Avenue without a variance of the sepazation requirements. 2. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the land owner. The involuntary relocation forced upon the applicant by the State and the availability of suitable commercial property in the azea aze circumstances that were 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 ofSt. Pau[. The applicant states that a currency exchange business is primarily a neighborhood oriented business. The majority of customers work or live in the immediate azea. She states that the business presently provides service to about 1,400 people annually who Iive or work in the neighborhood. ReIocating in the immediate area in order to continue servicing the existing client base is important for both the applicant and the people using the service. The applicant has submitted a petition signed by over 400 people, many of whom live in the immediate azea, in support of the requested variance. This request 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 properly, nor will it a11er the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. �I • Page 2 of 3 � oa y�� File #02-103580 � StaffReport There will be no changes or additions to the exterior of the buiiding other than signage. Provided that pernuts for the new business sign(s) aze obtained, and the signs do not exceed that allowed by code, the proposed variance will not affect the suppiy of light or air to adjacent properties. The applicanYs business has been located at 477 Rice Street since 1985. The applicant states that there has never been a complaint filed with the city or the state regarding the business. In checking the records in the Office of License and Inspections, staff found no record of any complaints regazding this business. The proposed business is in keeping with the nature of the other businesses in the area and will probably have less of impact on the neazby residential uses than the previous restaurant business did. 5. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nar would it alter or change the zoning district classification of the property. The proposed variance, if it is grated, would not change or alter the zoning classification of the property. � 6. 77te request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The applicanYs primary desire to relocate in the immediate azea in order to continue to serve the same client base. E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not received a recommendation &om District 7. F. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends approval of the variance, subject to the condition that the business signage on the property is limited to that allowed by code. � Page 3 of 3 Q�-`�'�'l to APPLICATION FOR ZONING VARIANCE ��' OFFICE OF LICEhSE, IA'SPFCTION, AND �" ENVIRONMENTAL PROTGCTION � ��.T_T_7.11 300 Lowry Projessional Building ��t 350 St. Pefer Sfreel Saint Pau[, MA' S5102-I570 (65l) 266-9008 APPLICANT Name �ol Toner 517 Ia?ce Str�t � i PROPERTY INFORMATI�N Zoning office use cniy File # . � Z� l�'3�� Fee: / .� S � r.r;.. Tentative hearing date: ��2 5 Section(s) �/�U'- Z%�(� City agent � - Company City ��ott St. � Zip �Z1-1418 Daytime Proper Interest of Appticant (owner, contract purchaser, Name of Owner (if d Q,mer (�12) 414-SJ50 Address / Location ?59 lhLVersity Av�aue W:st, St. P2al Legal Description �t 3, Bler1< 2&, Rol�st�on and Ven Etten ^.d�lition, e;:cept the SouYh 20 f�t (affach addifional sheet if necessary) �n� �t -�� Lot Size �Ppro; . 42' .: l0�resent Zoning & Present Use V<'r=rt CurrE� e.cha�„e lica� b}- the S*_�_� or i�-L:,P�ct= Proposed Use Y " "'° 1. Variance(s) requested: Re�'uction of the 1CYJ' ��tioa rc�uircjrnn*_ betv✓�e� a currency exchan;e b�!si��s =nd the �lcvast res-�:ntia7 pro�rt�� lu:e (Section 60.�2 as ap*�li;.able to T3-3 �onin� u�s� �� /t-I Ic'N ICe �� t,a./�ZC/ �" � / � l � c� D - � r �3/ � ��z�� ?eG ��eSr.s�L 2. What physica( characteristics of the property prevent its being used for any of the permitted us2s in your zone? (topography, size and shape of lot, soil conditions, etc.j �e �:bject pro�rty co�d be u�ed, for � b!�sinss thzt d.oes not require a vari�nc�. Hm�ver, � oroperly cond��ted airrenr;� e_dL.,� b�sinss, = evic'snced by th° cano��int-free overation of the nnpli�ant's b��siness a* 477 Rice Stre�t, is �n ap�r.nnrist� u� of }his propert�� (See Er,hibi± C). 3. Explain how the stiict application bf the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficuities or exceptional undue hardships. F.pplicant hzs an est�blishq3 l��sinass ?t the intersec*_ion of Ric� Street and U_tiversity l;v.nu.e l�s..�1 substznt'L11y on estzbLsha�l clientele re�di*:= in t are?,. �p?li�nt is forced *_o relorate her b.vsi�ess due to the Sr_z.tz's e�rinent d.cn�n aceuisition of hr preseat bt:siness lo�*ion and the onl;� s�it?ble site is 259 Univessit� �v:nue jaest. 4. Explain how the granting of a variance will not be a substantial detriment to the public good or a substantial impairment of the intent and purpose of the Zoning Ordinance. -".�_r.licv�t`s b��siness �s an apnro�riate use *ti:r�tted iz z�3 zon� an3 h='.s� oa hi-�toricz? msforrmnc2 of. no cor-c�l��nt� or coac�>>_:t �sruptive to n�iahbering pro;�rtis, ��^1 no� be 2. s-bst.ntial �e*_rir.�nt to the p„blic aoa_'_ or a sshs`?nti=1 -��°-�xr!�^t of th� int>r,t �-!d pt�r� o£ th� zo,-*� ordir�nc°, CASHIERS USE ONLY Y' ' �� U ? _J I ( , ��j�, / � j`�-02 ( �' , ApplicanYs Signature � i� i�� ADDENDUM ATTACHED TO AND MADE PART OF APPLICATION FOR ZONING VARIANCE Property Address: Property Owner: Present Zoning: 259 University Avenue West St. Paul, Minnesota Carol Toner � �' � � ��; � �� Variance Requested: Permitted use requirement that a currency exchange business must be located at least 100 feet from any residential lot in a residential district or at least 100 feet from any residential lot occupied by a one-, two- three-, four-, townhouse, or multiple family dwel ling, measured from the closest point of the building in which the business is located to the closest residential property fine. BACKGROUNb Carol Toner ("ApplicanY') is the sole shareholder of Team Management, Inc., a Minnesota corporation, doing business as Midwest Check Cashing ("Midwest"), a currency exchange licensed by the State of Minnesota. MidwesYs business has been located at 477 Rice Street, the southwest corner of the intersection of Rice Street and University Avenue, since approximately 1985 where it had no off-street parking available. Applicant has owned the business since l 997. Midwest provides check cashing services, sale of money orders and is the largest agent for Western Union in the metropolitan Twin Cities area. Midwest provides its services principally to residents from the University Avenue and Rice Street area. It has been recognized by community leaders that Midwest provides a valuable service to residents in the University-Rice area who prefer Midwest's convenience of hours and availability of service without necessity of being an account holder. Based on its records, Midwest provides services annually to approximately 1,400 persons residing in its 55103 zip code area. - - Midwest's hours of operation are from 8:00 a.m. to 8:00 p.m. on Monday through Thursday, ,��s zaa�3s-, l � � • o�-.��t� �� 4a` Y ...- : b-�G��%`•�_:;_ 7:00 a.m. to 9:00 p.m. on Friday, 9:00 a.m. to 8:00 p.m. on Saturday and 9:00 a.m. to 3:00 � p.m. on Sunday. INVOLUNTARY RELOCATION Midwest's present business location is adjacent to the Minnesota State Capitol. In 2001, the State of Minnesota informed Midwest and its ownerthat it was intendingto exercise its powers of eminent domain to acquire the business' present location to provide additional parking for State Capitoi employees and visitors. For this reason, beyond its control or choosing, Midwest is required to relocate its business. Since being informed that she must relocate the business, Appiicant has made an exhaustive search for suitable property in the Rice Street and University Avenue vicinity, where the preponderance of the business' clientele resides. Proximity to its existing client base is significantly important to Midwest's business. MidwesYs reiocation is also limited by tfie state law requirementthat it must be at least one-haif mile from any other existing currency exchange. Applicant is required to purchase replacement real estate to avoid significant tax � consequences occurring from the State's taking of her present business location. Applicant has spent considerable time lookingfor real estate offered forsale in the Rice Street and University Avenue vicinity to relocate Midwest's business. She has found no suitable properties listed for sale and began a door-to-door campaign to find property that an owner may be �villing to seil even though not currently listed. The building at 259 University Avenue West is the only property she has been able to locate that an owner is willing to sell and that is suitable for MidwesYs business. PROPERTY SITE The proposed replacement site is located on the north side of University Avenue at 259 University Avenue West, St. Pauf, Minnesota. The lot size is approximately 42 feei X 100 feet evith approximately 6 parking stalls in the back of the building accessible by alley. The property's previous use was a pizza parlor on the street level and a residential apartment upstairs. The property is bordered on the east by a Saxon Ford office building and on the west by the Ron Saxon auto parking/storage lot. The property to the northwest, though zoned residential, +s a vacant fenced in doub4e lot owned by Saxon Ford. To the norneast is an • atPLS 204735-1 2 :<--, � -_ _ � - ��-� <<;� existing two-story residential four-plex having an address of 256-258 Sherburne Avenue, St. Paul, Minnesota 55103. To the east of the four-plex is another vacant fenced in lot owned by � Saxon Ford. The closest point of the building at 259 University Avenue West to the nearest residential property line is approximately 69 feet to the 256-258 Sherburne Avenue property line. The property site fails to meet the separation requirement by approximately 31 feet which gives rise to the need for this variance appiication. There is no other lot on which a residential building is located within 100 feet of the subject property. The relocation site will have security surveillance cameras, and alarms, but the alarms will not be audible from the exteriorof the building. The relocation site will have less signage than the existing location, with such signage being in full compliance with City ordinances. ST. PAUL ORDINANCE In August of 1993 the St. Paul City Councii initiated a zoning study of currency exchanges and adopted an interim ordinance permitting currency exchanges in B-2 or less restrictive zoning districts, provided the currency exchanges 4vere at least 100 feet from residentiai uses. Up to that time, the Zoning Administrator had determined that currency � exchanges �vere engaged in some of fhe same activities as banks and were therefore permitted in B-1 districts (the zoning district in which banks are first permitted) without any setback limitations. In the study initiated by the City Council (a copy of which is attached hereto as Exhibit A), the City Staff concluded that currency exchanges differ from banks i� at least one important feature, that being they require twice as much attention from the police as banks do. They reported that for the period April 1, 1992 through Aprif 1, 1993, there was an average of 18 police calls to currency exchanges forserious matters, such as forgery, theft, and fraud, while for the same period fhere was an average of 8 calis to 6anks for the same violations. The City Staff report failed to recognize the crimes were being reported by the Currency Exchanges and the industry reports that Currency Exchanges as a �vhole perform a more comprehensive check verification procedure than banks, as a result are more likely to identify forged or stolen checks and routineiy honor the cheek owner's-or veriiying bank's request to have the person submitting the check arrested. The police cails are in response to n�PLS 1G:; 3�-1 3 i 0 � �/G� ti, oa- � crime prevention services being performed by the Currency Exchanges. These crimes are ! categorized as "non-violent". The City Staff in its report suggested that since there can be a significant number of police calls to currency exchanges and a potential for disruptive behavior, there should be a 100 foot buffer between the exchange and residential uses. The City Staff report gave no explanation of how an adjacent residential area located across an alley from a zoned business district is impacted by the cited non-violent, silent (the alarm for ApplicanYs proposed business premises wili be silent) and secretive crimes of forgery, theft and fraud that are uniformly responded to by police v.�ithout sirens or lights. t�lotwithstanding, the City Council, in 1995, adopted the City Staff's recommendation and passed the ordinance permitting currency exchanges in B-2 and less restrictive zoning districts subject to the requirement of a 100 foot separation fron� residential areas. At the time of passage of the ordinance, five existing currency exchanges in the City of St. Paui became non-conforming because they were doser than 100 feet to a residential use or residential zoning district Two of tnose currency � exchanges are no longer in business, two continue in business as non-conforming and one has relocated its business in St. Paul with a variance from the 100 foot spacing requirement rag nted by the City of St. Paul. The premise re{ied upon by City Staff in recommending, and by the City Council in adopting, the ordinance imposing different treatment for currency exchanges has with hindsight proven untrue. Based on St. Paul Police records Tor the past five years, the average number of police calis to currency exchanges was approximately identical to the number o{ police calls to Western Bank and University Bank. The number of police calls to MidwesYs currency exchange was less than the average of police calls to Western Bank and University Bank. The nature of the police cafls to Midwest's business premises was, as znticipated by City Staff, in response to generally false alarms and Midwest's reports of persons attempting to pass forged or fraudulent checks. In the past five years, none of the police calls to MidwesYs business location involved behavior disruptive to neighboring propeRies. In fact other businesses permitted and located in University Avenue's B-3 zoning district require significantly more police response calls than Midwest's business (i.e., Best \Vestern Hotel, � n,a�s za;ssa `1 �� , ' J_�_U�- more than five times the number of calis; Greyhound Bus Depot, more than three times the number of cails; McDonald's and Wendy's (permitted with a 60 foot separation from � residential areas, which Midwest's proposed location meets), more than two times the number of cal Is; Hol iday Gas and Speedy Market (permitted as a conditional use), more than five times and nine times the number of calls respectively). In fact there has never been a complaint registered with the State of Minnesota Citv of St Paul its Police Department Complaint Office or License Office or any neighborhood organization re�arding Midwest, Aqpiicant, or MidwesYs business MEETING WITH NEIGHBORHOOD REPRESENTATIVES The proposed site is within the District 7 Planning Council Neighborhood District. Applicant has met with Tate Danielson, the District 7 Council representative, to answer any questions and address any concerns expressed by District 7 or any of its members. At the suggestion of Mr. Danielson, Applicant also met with a neighborhood resident tivho had informed Mr. Danielson that she had questions regarding the proposed relocation of businesses to 259 University Avenue West. After answering any questions and providing information regarding the proposed businesses and improvements to the property site, both � Mr. Danielson and the concerned neighbor stated they had no particular objections to the relocation of MidwesYs currency exchange business to the property site at 259 University Avenue West. In addition, Appiicant met with Jose' Velez, the owner of the four-plex located at 256- 258 Sherburne Avenue. Applicant informed fvtr. Velez of her intended plans forthe property and this application for a variance from the 100 foot residential separation requirement in the St. Paul Ordinances to permit the relocation of her Currency Exchange business to the property. Attached hereto as Exhibit B is a copy of a petition signed by over 400 neighborhood residents confi rming the benefit the curre�cy exchange provides to the community and asking that the business be permitted to remain in the neighborhood. MPlS 2097354 5 i '� oi—�11c. ,-,� � :>. , �� FZ` ��_- � The Applicant has no plans to extend, either horizontally or vertically, the existing walls or roof of the building located at 259 University Avenue West and therefore there will be no light or air impact to the neighboring properties. PRIOR VARIANCE REOUEST \ti'e are a�vare of only one other request for a variance from the 100 foot separation between a currency exchange and a residential property. That request pertained to the relocation of a previous4y existing currency exchange business in 1996 to 942 Payne Avenue where there was no separation bet�a�een the proposed currency exchange building and the adjacent residential building. The variance was granted by the City of St. Paul based on the findings set forth in the Board of Zoning Appeais Staff Report attached hereto as Exhibit C. The findi ngs that supported the grant of a variance for the relocation of the currency exchange to 942 Payne Avenue are identical to the facts applicabie to this application for a variance except that ��here there is zero separation between the currency exchange building and the nearest residential property line and less than 10 feet separation between the currency � exchange building and the nearest residential building at 942 Payne Avenue, there is approximately 60 feet of separation, including an alley, from the boundary of the residential property ad}acent to 259 University Avenue West and over 100 feet separation to the actual residential building. There is no adverse impact to the neighboring residential area in having an approximately 60 foot separation, rather than a 100 foot separation, to the nearest residential lot line, particulariy given the complaint-free history of Applicant's business. For al I of the foregoing reasons, Appl icant respectfu I ly requests a variance from the 100 foot separation requirement for Applicant's currency exchange business. • MPLS 20-F735-1 :: •>':: :;�:: ,. . � � �;,:_.. . . - � .. :�,��'; - . ;»= : ��_ z�_;-_-..- `;;:;;`_ `! . �..::;`.� � INTRODUCTION ., _ . .. �..- -- � - -- - =,r.. , : .. - � .. -=.... c ..- • . .,:.,. _...._-�... .. ... - - .- ' Zn August �1493 the City Ccuncil initiated a zoning s�udy of curreucy exct�anges, requesting that the Planning Commission study possible �endiaencs to tha Plan and zoning regulations concerning cuire�y exchanges, At the same ti�e, the Council adopted an interim ordinmmce permitting currency exchanges in B-2 or less restrictive zoning districts, � provided;the�currency exchanges are at least 100 £eet £rom residential uses. The Interim ordinance is in effect for one year or vntil permanent regulations are adopted by the City Council. _..- �. �•':�'. ��SL .- . REGULATORY $AC%GROUND � State of Hinnesota. The State's Co�erce Departmenc licenses cut'tescy _. � '�� exchariges.`-`2io may be issued if�the�place of bus3ness is located � � uithin.orie-half mile�of another iicensed currency exchange. The applicant � � must undargo.a background check conducted by the Bureau of Criminal'�� Apprehension. Fees charged at each 2ocation must be ff2ed vfth�and�approved _ by the Cowmissioner.� A$10,000 bond must be posted for ezch`currency ' exchange.?' �_ _ � - - - . . �_ . ... . � EXH€BST A � -= The-Commerce_Commissioner must appro�re,or disapprove the applicatian 3Q. from receiving tha decision of the Council - - - :fa �1.v�d�';��;{:` _i��•``(.�s �Slsf?Ti.�`�^ _ .-y�i'.�s.� :.��t . : .:•`••. � y ., :;:::;,�^s.. - - � _>. ...,�«:�?� . ,'?.:. '��. ._', .�s,-- ;:SAINT�PAIIL�:�Tha:-City Council has�adopted�dn ordinance setting £oith"th� procedares'and�staridaids by ahich it vSll�determine vhether to,app=ove_< ..9;_' . _- _�`.-f:':,ii�;;�v ��: __ . . _ " y ,�� :1 . $j�:h ��'J��}�' . •`•a 'i^t�i Y ti� l. . :a . :lu � � . . . _ . _. -. _ . • z: CURRENCY EXCHANGE ZONING AMENDMENT ST`UDY Aithin 30 days of the receipc of a complete application for a currency exchange; the Coe�merce Co¢rs�issioner must deny the application or svbmit the applica[ion to the City. The Comnissionec may not approve the applfca[ion vithout tne concurrence of the City Council. The Council must g�ve notice that it will consider the zpplication solicit testimony from interested persons. .Zf the-Council has not apprwed or disapproved the application - - vithin 60�days of the receipt of the:application, the Stata pres�cs;tha�.City_�- concuzs'with=:the�application;=�:-Ttie"'Coiuicil'�>fias�the sole responsibflity`fori�its�"�'� - decision. ' �" " " - " - . _ ' �.'..n . _ . . - - ^�{' r . _ ; ;e � ^ 'Jr��_ :�t'::-w; ;._ 4y-/8�3 _ �': ,�,;'v,^, :t _ . ... .' ':;:'�`,_?' f••:-_- .' . ' ' �-° -- - �. � �.�;', a�'L��J ��- � �YS. : � :: �.:: e� ; ��t P'�':' � - . � ;x3 . � � � i . �,., � .X;.� __ �;: - x=: ... . .. oz-y�e � -- : `��s_�' � 9y -/ 863 . . : - disapprove applications for State currency exchange licenses. Here are Che �- procedures and standards. '� 1. The State application for a cuxcency exchange license uill be ze£esied i'�' �to the Office of License, Tnspection and Environmental Protection (LIEP). LIEP will initiation a public hearing on the application, � notifying the applicant, the nearby neighbors, and the district council. . -� The hearing will be set within the 60 day time period that the City - Council has to consider the application. . ;i' 2."- �An.independent hearing exaniner aill hold the public hearing on the �t�' ��-;application and take testimony. The examiner vill then make r�ritten �" " �� -'`findings�of fact and conclusions of law, together with a recommendation i'_• on the application for [he City Council. 3. The hearing examinei may recommend: (a) approval of the application; (b) approval with conditions. The conditions may include � limitations of hours o£ operation, limitations on means of ingress and egress o£ the business or parking lot, off-street parking in excess of that required by the zoning code, limitations on advertis3ng (signs), or othez reasonable conditions to ensure the .-. � business wi11 harmonize vith the surrounding area; �- (c) denial of the application. Denial may be based on eleven �reasons in the license code, such as misrepresentation of facts or non-compliance with health, £ire, zoning, and building codes. '� � ��Denial may also be based on ten reasons cited in the ordinance, . such as the location of the currency exchange vould cause signi£icant adverse consequences or impacts on the neighborhood srithin 300 feet of the exchange, failure of the applicant to agree ' - to reasonable conditions, or location of the exchange vichin 1/2 mile of another exchange. - 4. The City Council ai11 consider the examiner's recommendation and �- approva, approve�with conditions, or deny the application. The Council's - - decision�aill be sent to the Commissioner of Comaerce, Notice of the -�." � .� Council's'�disapproval may be "sent to the Commerce Commissioner before the effective daie o£ the resolution vhere necessary to avoid the presumption that the Gity concurs vith the application. �.5�:._ -- .. .. . ; - - •- . � . . :: .;•s:yc;=:•tiv�;;=<^ .�, . . PROPOSED ZONING �AMENDMENT � .. . ' - , . , <` -}�.� r =!K !''b• � . _- .. . . _ _ - ' , j,oeation.`�`.:Currency exchanges are a relatively new use; consequently, they.are - - -�,=siot�specificallq pezmitted in any of the,City's zoning districts.;:The�Zoning �- , had deteImined that sinca currency exchanges vere �. �� engaged in_some �of the sama activities as banks they vere permitted in B-1 '='districtsj.(tha=�zoning dlstrict Sn vhich banks ace first permitted) and in lass +r: _ ..�.a: e,: -.�'fi'- .. . . �'� . . . . . . .. _. ." . ' 2 .. ' _�� — . .. �t4ci. �::� ;3 � . . . . . . � i ':S..T. S � � � ' � � . 1 i. :-.: - f'?, ' � " 1 .� :.: 1 ��. �. � i. f ; i i �i �— � �? - a G � 6 � ) � 9y-�s�3 restTictive business ar3 indus[Tial zoning districts. The interim zoning ordinance resericts currency e;cchanges to B-2 Districts and less restric[ive zoning districts. Currency exchanges dif£er in at least one importan[ fea[ure from banks. They require twice as much actentron £zom the police as banks do. The Police Department has provided the Planning Division vith police call data for nine currency exchanges and cen banks for the time period April 1, 1992, through April 1,1993. Police calls fot traffic related matters, alarms, auto lockouts, and cancel2ed calls vere elimina[ed £rom the data, leaving the more serious calls, such as forgery, theft, and fraud. This data shoved ihac during the year there vere an average of 18 calls to currency exchanges. The highest number of calls to a currency exchange vas 60, the lowest number of calls vas 2. By contrast there vere only an avezage o£ 8 calls to banks. The highest number o£ calls zo a bank was 19, the locrest nusber of calls vas 1. (A list of the currency exchanges and banks in the study is attached.) Currency exchanges shouZd not be a permitted use in the b-1 Local Business Districts. These districts are usually small in size, one or t4o lots, and close to iesidential uses. Cuzrency exchanges should also no[ be per�aii[ed use in the B-2C Community Business (COnverced) Districcs_ These districes are a mir of single family houses, houses convezted to 6usiness/residential uses or business uses, and apartments. Here again currency exchznges vould be close to residential uses. Cuxrency exchanges shou2d be £irst pexmitied in B-2 Co��unity Business Districts. These districts are characterized as being areas having a"large cluster o£ establistiments' generating large volumes of vehicular and pedes�rian traffic". Existing currency exchanges are nov located in such areas: in densely developed commercial strips along University Avenue, East 7th Street, Rice Street, and Payne Avenue. - . Permitted use. Cuzrency exchattges should be peznicted uses rather than -special conditions uses_ � The City Council's procedures are subs[antially the sar�e as the Planning Commission's special condition use procedures: setting a public hearing, caking testimcny £rom incerested parties, and a decision co approve, deny, or modify the currency exchznge. The Council vill also consider and act on tne same location ami site dzsign issues of currency e�cchanges as the Commission vould in its special condition use review: potential adverse e£fects on an . area requiring denial, hou=s o£ operation, off-street parking, signs, or other significant Iocation or design matters. It vould be ine££icient and a duplication of effort to have applicants and neighbors parcicipate in two - different processes-vhich are considering the-same-issues_ Applica[ions - should be considered and acted on only once, at the Gity Council, under their procedures. _ - - . - Baffer. Since there can be a significant number of pollce calls to currency exchanges and a potential for disruptiva behavior, there should be a�I00 foot buffer between tha exchanges and residential uses and residential zoning districts. This is the same distance that is noev required betveen 3 � � , �.��, �:: <::: . � ` -. _ � .- :�_: _:� �: ?y �.%- 1 � _. .' � _ � p �--�t1t� o, �_ . � �'G G . � ., residential districts and such uses as billiard halls, dance halls, and electronic game rooms in B-2 Discricts. Since residential uses in mixed iesidential/ business buildings are difficult to identify, staff zecommends that these mixed use buildings not be subjec[ co the 100 foot spacing requirement. ; Noncon£orminQ. I£ these regulation�re adopted, fiv existing currency � exchanges would become non-conformi g because they e closer than 100 f�e� to a residential use or residential z ing distric[: sh qlot ac 873 Rice, Check Cashing P1ace at 785 East 7th Street, Internationa� Currency Exchange at 981 �`Payne, Honey Express at 931 University, and Ramsey Financial at 577 University. One currency exchange, Capitol City at 477 Rice, vill be unaffected by the regula[ions beca�se it is vithin the zoning 3urisdiction of the Capitol Area Architectural and Planning Board. M strict 2 Communitv Council recommendations The ➢istrict 2 Community Council has recommended that currency exchanges be special condition uses. The Cos.aunity Council also recommends consideration o� these special conditions £or currency exchanges: require chat signage be compatible with signage of surrounding land uses, vith no variances alloved; include the State's 1/2 nile spacing requizec�ent betveen currency exchanges; and require that currency exchanges be 100 feet £rom residential districts as uell as 100 £eet £roc residential uses. (See attached letter.) It appears that most of their reco[mendations can be cet with the City Council's procedures and standards ordinance and this zoning amendment. SUMMARY Staff recommends that currency exchanges: •�be permitted uses in B-2, B-3, B-4, and B-5 business di5tricLS, I-1 and I-2 industrial districts, and RCC-1 and RCI-1 river corridor districts. • be zequired to be 100 feet from residential uses znd discricts but not from,mixed business and zesidential uses. A proposed ordinance is aicached. 9S/-/8'� 4 . ;_"'"'>w+1t:.- 477 Rice Street 873 Rice,Street 785 East 7th Street 1532 tJest University Avenue 981 Payna Avenue 931 Aest University Avenue 577 Nest University Avenue 1098 Aest Uaiversity Avenue 469 Saint Peter Street � CIIRRENCY E%CHANGE STIIDY CUARENCY EXCkiA2TGE BUSINESSES � 1. Capitol City Check Casl�ing 2. Cash Alot 3. �The�Ghecic Cashing Place ' =:J.F: ".:v__:. 4. ��Check�E�cpress Hinnesota 5. International Cu=rency Facchange 6. Honey £xpiess 7. Ramsey�Financial 8. Un banlc - 9. Un-bank �� ~ . ' . � . ' � _.:;�— .. ��- �a�<, ,��-�' 9y-I863 � ! i � � 1 .. � . . . . _ ' . i ' , . . . _ - � _ . ' .. ._ "_- . - . . ! , - =;��:5:�. - .- - � � - � � � � .. �� t � '_ � . .. . . - . . . .. _ � f -_. ^ __ � . . _ ��ww�.�jy�(��`�. ... . � . .i T �',ti . C: ' . ' ' ; � . .. . .. �'�oR'a . . :�:;� � 1. Libertp Stase � 2, Capitol 3. Phalen " . � /a., ; Hidway ir_..a�.....1 5. Aestera 6. Norwest 7. First X�aal � $, CheZOk.ec 33rate � � 9. Firstar " 10.� Coa�erc�3. 5tate _ - .. .. .. .. .,��,:.-:,, , . CIIRRE2iCY ESCHANGE STIIDY BANKS 176 North Snelling Avenue 1020 Rice Stzeet 1425 East Haryland Avenue 1578 t7est University.Avenue 663 i7est University Avenue 1161 Clarence Street 1000 Payne Avenue 607 Smith Avenue South 2310 Aest 7th Street 35 West Sth Street � -.a y -.4A_'1 s. G�-l�C3��' --- __r.; ,� q�_r g�3 � � _ ��: i Q t . . � '_ /�,� � � -- . .:"��_�. ,. ,,: ..- .. ... � . . � � _ _ � _ .. ... . ; .. . r2�t.>'.. : _ . . .. . �; � � . _ � . _ .. . � . .. - - - - . : - . . _ _ - _ . : ..-,: ;,-: ae•... � .. - � . _ _ . ... , . :i; __ . . . _ : :._ _ . , - - - - , :;};+<;':_� >: R - : �_: ' .•. , . - ' _ ` - . -' ;_� :�; C� - --_ � ?6`• . _. 1'-�'.'< ' „ '{"'S.:` ' ' . . : .. . . ^.r.i�'. . ,_ -'i":i;r':o:�::= ':i1, : ;,c.: �e::��`is.� s; �. " - - . . . . . . ".i•- . S = � "'�F'� .'Y�'1';l.:J.�'-��l.� [il: .�31i�Yvi��3:s'�I.Y15.t�tA2`5 �t�:'tv`..�-�'F$.t::J.i."F�'_��'��J:'��l��ri�2 - 'q<;{f.li57G;.� . -o ;r:'t' - �.i.7:;r'i� . 'i b�"l:tr j� x - ?J.y,�.�. > -_ .,� ..3' ��...:� .�'. p+?.—.. .. ._ . " . �.{••IJ =: ...-- . . - - _ . . .. ',1 .._ 1 '� ° . , ... ---i . -. i � e,,> �_.' . _ ,- 't.w y � , _ cr ,)-. � ".z-:.��_- , EXHIBIT B �., ;� � ;�� 5 �� f"". �'x la� � :S : � ` C ^ ,.� {('ir� �J As a customer of Midwest Checic Cashing ( Comm�mit�� inancial Center ) I request your sllpport for tl�is business and service to remain m otn� neighborhood. I completely support the move of this business fi om 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to ow community. ADDRESS 2. , - � r � , , �.-- . - �, 2 6� v rU��✓�'45��'� 7' �d�� (� � .��v 3. � . _ �(.� �It� 1/ i , ,�� -, � r�'��,� .�. �J�' � � S� �dUS'Oc4 .%/GP/il b2 �/1 � C�r /' �4� �` �� s o�.-�l'1�. � � � � �.; � �:'' �:� ;:�, .;"-, S��%:%y ' As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support far this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRES S 1.�0�9-c°n_ 1 ),�1� �rD1�v�t',rl_ %�. � c� ° � S ./J'//7 i � ��r= � Z. �i�G �12 (Y1- � � s. G�-�� : �� 10. � 11` � 3 � �,� , �. �� 2� � -� . � � J , � � �� l�� j'J�C,��/�� r 4. ��,�-��,�.�--. G� iv-� � 9� ��u��. �a`�,� 8. LI� w�rC�.S ��.c�� lc�'1� -� ic.��,�:. �P � � !� �'-�'S i �+r° ��_�� As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our � neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avei�ue. This is a valuable service to me and needs to remain available to our community. � t v�� io. �_ � 9. ��p� Solpr�.�rG S� a� � � , . � . � __ . � s � \.. - � oa.-�t'�c• . . °k �:. .- "_ _ � F:; . .-, .. , 6 �,S,v�� As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. ADDRESS 1. �� 2. �� `�( t� ,�� G� d��, c 'GS" � � � fn � � � 7. -t�.,"� ;{ ,� u � 1��.� ic<.��-�- 5 . 1 c. � I )� ��v � 11. 1a. �� i � � �" �nC � � 6�1�if 75/�� / /C��' S � . }`�c.. ti j _ � .r .-' � �; ��;s�> As a customeT of Midwest Check Cashing ( Commw7ity Financial Center ) � I request your support for this business and service to reinain in our neighborhood. I coinpletely si2pport the move of this business fi 477 Rice Sh to 259 University Avemie. This is a valuable service to me and needs to remain available to our community. �. 2. 3. � a�, �-,-�- • � ./�la,1�� / tJ c]„r� �t es u.� ,�!-P i`�-3 �t4 � 7. ��l-C',�� -ehp,r 5�. i� G� ,� � � � � �� te EiY� %� :.=f ��' ^ O�-`�'lb As a customer of Midwest Check Cashing ( Cominunity Financial Centez ) I request your support for this business and service to remain in otu neighborhood. I completely support the inove of this business from 477 Rice Street to 259 University Avenue. This is a valuaUle service to lne and needs to remain available to our community. NAME ADDRESS 1. LF/��%�,/ La�� S �/�I��t�S �l�e 3 � � �� . ; c �-�� 11,� � � ' � ; f ,i\ f j i,, l,', i'''i _. '�� j� �. �3� �� f�.� ,.' %o ztl �� , �� /, d �-l�� I- '?Oo �� rlal� fi\I�� ;.-��-z-� � 9/ �i� �` ��%� s �i o. 2• 1�,��'�Li'r� r-i �_�i� LI�.L �'r n , ,. T�� . _ 1�`'-r-r j' C�v 1�'�U ��% 711�,� �z s � P�� ,' � t� ��/ /�� x � 0 12. � � �2 � � � . � .r�. � 20 � S�" f�c�-P � �� S � � �;: � S'lC-c%. �-__�s,v� . � �, _� �1�-1_C�� L _ As a customer of Midwest Check Cashing ( Community Financial Center ) . I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME 4. 5. , a � 1 a. `Jl ��:�,,,� ,� � �� ADDRESS � S-� . �� / � � ��, aU � , G`j ��,= _ 5-i ��, I � �v� � . 9. /?�� Q, �� . �� 1 io. � 5-� . �� ) � p�.-4'ic. �= � ��., ; - ��-�: � As a customer of Midwest Check Cashing ( Comznunity Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the move of fllis business from 477 Rice Street to 259 IJniversity Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS � � � � 11. ` . �- �-IC��t � �S� 12. _� �� -,N-. �- � � `� � � - � �' ) � j `_1 tq .. — �a (63S��C As a customer of Midwest Check Cashing ( Coznmunity Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street fo 259 University Avenue. T12is is a valuable service Yo me and needs to remain available to onr community. � N � ME ADDRESS 1. � ! � 7� � �v _Uf � � J � �, <,�: � ' , a. ��.z% � / i � 3 � ��.- - . , �. �l.�� IA` Ss� l �`C�b `j �-� ' j.� � �'� vrn�E c� �!',�� 9-) U � C"�;z� 12. � i�. U�� 1-r�� 1�� \ r,��,��;�- —-- cs {z �- � '" q ' �`_ t.' Y t.;: L:w. i,.,: - ��. As a customer of Midwest Check Cashing ( Community Financial Center )�}-�� - I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS , /�.. . � ..� J ,._ . � , ._ _ r� I k �> /'? z. 3. �� I�� I�� J 4. �R- �i� ��---� i S l P� �� . S � �,,� �, 6. �`��,�, �k\\�\ �,,.�? '� S1 � I � .>L -- 9. � �,�t�-- �,�'r�5 � _ _ S�" < l , _ ��.� � a�' ��i.�S�� As a customer of Midwest Check Cashing ( Community Financial Center ) � 1 request your support for this business and service to remain in otn neighborhood. ] completely support the move of this business ti 477 Rice SUeet to 259 University Aventze. This is a valuable service to me and needs to remain available to our community. NANIE ADDRESS 1• ��9u �FI cE�U' � �' , `G `J � 7�z��\ 5�.�� 5� ��a �i � 3. � Z7 5 G� �/!Ll''� �!�l L4 C/ Z_ I S�� G_ v . � S�. )a�� s� _ ��. ,� � S ��..�J �c� �� . � �� 51, ��,�1 i 8. (�- �� 5 � . �C� v � -' � ix �H3 ��l��s��/ _ O�•-y'1�• � As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our neighborhood. I com�letely support the move of this business fron� 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. ADDRESS 1. G.� - ��co l��cc/_� �l "l2l 2. ( �/CS , i�i� ,�F.'/�.� % % � S /X �/ 3�l r��4Y' l�F'✓��l�ti� �r l�� n�� fS � � . . �� , .. ,. � /� � cr n �. _ // I S. 4v. . � ., � � �i�. � 6. �o�s,,�ll v,h j3A�LIF �,� 1 c:� �. � a GvL G� /� 11. 2/�;.,��,�- -�.-�,x�� _ �+ �� c� � � lz. S -� . � �� ! LI r _.1 � . G��1��5 �' As a customer of Midwest Check Cashing ( Coinmtmity Financial Center ) � I request your support for this Uusiness and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our cominunity. NAME 1 � 5. lo. ;' ��;�, � � ; , �; 11. � �r -� /-'�/� � � � ,- 12l.�L�\'�'l �l�tUl('/r v� `l �nv L �� l� �� 5� . �UV l �� ; ; �;�F�%�� ,� � �� ,� s i / s��1 <�� 3�� I� . • � � ❑ 5. �;� �' ` ` �.,s �1� ! �J`�� .. 6 Z_�� As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the move of this business fi 477 Rice Street to 259 University Avenue. TJzis is a valuable service to me and needs to remain availabie to our community. NAME ADDRESS 6 .v1��1J �L. � � Qo5 �� r � �� c� `� � 4 J'�.. S� . f / /c> S�c�a�1 6 �� c e s=� _ � lz. ��i ' w IZ A�l�ai,, 5� . i'��1 12. ��"�i��a� C'h�z�9 ��._ l�c-� �/ � � �.-. �, >'- ii �9 � r : '_ ^ . ��5��" As a customer of Midwest Check Cashing ( Community Financial Center ) � I request your support for this business aud service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS �y�� „, � ( = ��t < � � S�L� � ( .� � � 5. ,f /� � �� L � G � � / l % \ �� . �c� �J � G� � d� �--�_ 3v�S H/ C��n�r�f� n � � M t o-� J�M rE', ✓ / �, - ��C ��.��<,�9-e�l� ( �� c� � tl ��-�iR_e.� n �j �C.� �o / '—C C��.c,tv'� � IZ -� � lo�. �F�1,f�� c�/1�1c�- u�a,-l��i� ��„ sso33 � i� ✓��l�C��-, i�5��o�'�6� �, � �- r �_ �� z 1 �1�� }�- ) i��.-� �,-, �� 4./f /,�C�G.�- l/`� /�'J c!�� l/ 7o Q ,�� c<-.�- = C� o �--y'� b �r- ^ �, ��„ , ; ,_ �=�J-.S �� As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the move of this business fi 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS 1. � a l yi ��/V�.r C� G f ��J ��) ��'� C?c �a f'l� i . • � � � 6. 11'�1c��'-� \ ) 7.� �-�1� ; s. � G �c`� 9.�s�� 10. � L U� � G��-�' �z �c��-� v/- �J1� ,��-�- � � - �� c�1�s 5�� z�5� �, �� S- 11. �/- C l� ll �e � �0 Z �^�, �A,`r�v;t h�� h t� i2. � ce ,—��t �� S�t l�� I n �� 11 �• °- ' ., -�__ _ ` � ��c3�`b;� As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our • neighborhood. I completely support the move of this business fi 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain availaUle to our community. ADDRESS � � � 9. 1� 1 � � ��cG�t�.,� �', /�'/ :�� d � �� S-� , �G � 1 �� 5-� , '�Gv' � 5�1, �� 21 � Ps�-�,r � �<. 1 � <� u s. �✓� �i�M 5�1 .� U � I C.� � T a,._y�t�• G!�'l6�'S��' As a customer of Midwest Check Cashing ( Cominunity Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the n�ove of this business from 477 Rice Street to 259 University Avenue. - This is a valuable service fo me and needs to remaixi available to our community. NAME 1. • 1 1 � � 3. i�ltilo.c� � � �{ ��t�fll� - /�/(t�(� �GLr.cJS�I� ��C�c�,[ /� (l�� (/G' V � �i ✓� ��iu l /i�'v I��. �! � r5ld`� 8. ��n�� 1- .��, r,l 2�1- c•L��t��.-S: 61V� ��{c'� 9. .�_(..�.�,� �,,,.,,�.f -�� d� G � 0 3��- 12. 0 �� !��' I� �- J r 1_ r '�� ,i�� -�� _ _ : �, , ,i i � � ��-3 6a,�� , As a customer of Midwest Check Cashing ( Community Financial Center ) � I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our commumty. NAME ADDRESS �. �G � J� S�s � 7�r� .� �� R ,��,� R� z.Sh4.�� c�/P(�� Q� t� <� l�r, �4 �� ; c_� �� - - o�.-�,�c� �-_. -, - 6��1a� S�/; . As a customer of Midwest Check Cashing ( Community Pinancial Center ) I request your support for this business and service to remain in our neighborhood. T completely support the move of this business fi 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME C 3. 9. � S�`��l�fl /V� �YIL �,4 �/ 5� PL v� �o. c'. ,�� s� � ��L RESS � Y.� �1�c.�/� � - �G�� U�. -/i�'-�� I2. ��,�-- �� s. d��-�-� !� �U�- � �4,Q. �� '1 Y� -� '� lJ G �(' - ��-�-.J •s As a customer of Midwest Checl< Cashing ( Community Financial Center ) � I request your support for this business and service to remain in o�n neighborhood. 1 coinpletely support the move of this business fiom 477�Rice Street to 259 Universify Avenue. 1'�lis is a valuable service to me ai�d neecls to ren�ain a��ailable to oui community. NAME ADDRESS � i S�'�c �� i 38` �� F : � r %�ia i�ia c� %'1�'l,J /vf ,� `� �✓,z, v G� � f(� E/� �.�-� t� > � >_2L �S�/=� ia. � - oz -`�1� � �T �-. - -_ , �a=��.� J �- � • ❑ As a customer of Midwest Check Cashing ( Community Financial Center ) I request your support for this business and service to remain in our neighborhood. I completely support the inove of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. I�Tf�D a. � �41 io� S�/(��_ ADDRESS ��- �;��,� ss �/y� � ��L � �33 ��Y� � _, ; � �3� ��t�� S�� i 7 f=P J� ,� �i� s�i�z i�-r�- � v� ��» 8. Y 17.inN `-"`�``_�(� �%(>X� �� j,!!%C'_ / ; � � �� -- c��'� As a customei of Midwest Check Cashing ( Community Financial Center ) • I request your support for this business and service to remain in our neighborhood. I colnpletely support the move of this business fi 477 Rice Strcet to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS � -- c--� v�� -�c��,� � 1� �1�� ' 1 , :�, ,��Y�" � 2 tK-' �' ✓t� (; L.�o r�� vl `1 S 3 0,�" A'� �/�`;� 3 ,��,` v ��'�'�� I l�e� v / ` � 4. �/J��c� ��a� j ��'./�� -i � s��i �. � � 11 �Oil�'�1Q�, (,�Gti`v�� 1 �� '�`'� i2. /� L%/� S�, rc�� " � :%��,� �_,- oa.-y� t� As a customer of Midwest Check Cashing ( Cominw�ity �inancial Center ) I request your support for this business and service to i emaln in our neighborhood. I completely support the move of this business fi om 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME 2.��L i�9n ��-iko5 ��. P�:�� I 3 j - ✓, � � . �/��.� �.�� yo� t/�� s`��'�,,, � \ �C,��^^ � .� � ��1 �— �� r� �� ,, � �� v� ��S ��e��1v Qc�� ST r�e z/� Je- � • 1 1 : DT►Y. .� - i �Lt � � t�� 8 S ��' `t- R. ��!'�' t� � �� , �L��; i uu �.-: .. . � ' . ��-FF��-J �: As a customer of Midwest Check Cashing ( Communiry Pinancial Center ) � I request your support for this Uusiness and service to remain in oLn neighborhood. I coznpletely support the move of this business from 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS _ , ,� . � � 10• � / _ 11. i 12. � �`� C� IL 4�" �� . �,,� � S� � ��; / �� sfi�'� J/_ �4�— ��av� �t.� � 9_ i"��,, i�rr� � I c�l. �(��.��c��o�� 3 � c� 3--�11 to �'_ . . - ��6� c:�; As a customer of Midwest Check Cashing ( Commw�ity Financial Center ) I request youi support for this business and sei vice to remain in our neighborhood. 1 comp]etely support the move of tl�is business from 477 Rice Street to 259 University Avenue. This is a vahiable service to me and needs to remain avai]able to oin community. NAME 1. 2. � 3. 4. 5. 6. ADDRESS �� C�: c�„� � L�`c (t �i �/ i�!�v� � � ��v /I/lqrs�"�l� ,rre � S �—�, �� /J/� ��r S �;>�i�� SJ�� %Z� �� 1��/�-�� ,�;�c,�-��✓ �r':� � 7 �` � :��/�� 3 �. ' � � �?�: � Wo� �S3 �-►-�� . � � � �,� , � . c ;�� ' � � ��I,�, l� �'�, -�� i� 7. `�.��; C�n n , v ��.F'l'. � �.i" `��,�, GJ i 10 12. • G ��°� % 7 �'� �,o� �c�:e �Osl�/�r7` ��-� �'� :I'�- 1��.,� �,J � � � �;� ��., ... ; . �-�.��.) - i 50 As a customer of Midwest Check Cashing ( Commtmity Financial Center ) � I request your support for this business ana service to remain in oi�r neighborhood. I completely support tl�e move of this business fi om 477 P�ice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to ou� community. NAME ADDRESS 1 �p�a ( �iiu�ic;r�z � � �c.�-v � � �Ct� � ! ,� � � C . a �--�'�.4 �,�, : ._. /� _ :._ S11X-C �"J .i J� � As a customer of Midwest Check Cashing ( Community Fif�ancial Center ) I request your support for this business and service to remain in o�n neighborhood. I completely support tlle move of this business fi 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to otn community. ADDRESS � �E%z�� 6. � i � (�!,��ti� �� i,//,� ,�� #� 11 � � � m-: r � :' ' (� „ . _� //�h��bi� ��. As a customer of Midwest Check Cashing ( Commwiiry Financial Center ) 1 request your support for this business and service to remain in our neighborhood. I completely support the move of this business fi om 477 Rice Sll to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME 1. �, a. � � C,c�-QQ -e% �' �� i o. 11. M/` � • Y ADDIZESS �, � ��5� /�2/,�� T v�t�-,, � 1 �,�A2 u w�� t �oo cJ.��,v �v g(r � � �� z ...:. _ 5�(� �i:.<. �i � � c�� , � - � � . � �a� �t.� � G� /G�.� c, ;� , � As a customer of Midwest Checl< Cashing ( Commw�ity Financial Center ) I request your support for this business and service to remain in o�u neighborhood. 1 completely support the move of fllis business from 477 Rice Street to 259 Uni��ersity Avenue. This is a valuable service to me and needs to remaii� available to ou�� community. ADDRESS ] �1C�,'��2� t � �� l�S �cL ��/�-, I�UF z. ( Y � ��e �� L�3'�/ �SL�� ,, � �� 1 `�� `',� • d l, / � �� 1�c� � ! l�e� �c�e �� r �;� � P � --- . - —...t � � _ ,��i; As a customer of Midwest Check Cashing ( Community Financial Center ) � I request your support for this business and service to remam in our neighborhood. 1 completely support the move of this business ti 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ADDRESS � n�. �� G ��m`��,Q�, � « � 2. ��',A 1 ( �C a � 5. 5 7.�/�L1� .j%� f� �� c� r �' � � �9 � �� Is�� r o �lw�- , s�:� ��. b � -'-{.'1 � �= -=�-- �G�'�`i � As a custoiner of Midwest Chec]< Cashing ( Communit}• Financial Center ) I request your support for this business and service to remain in o�n neighborhood. I completely suppart the �nove of this busii�ess trom �}77 ]Zice Street ta 259 University Avenue. This is a valuable service to me and needs to remain a��ailable to our community. NAME ADDRESS � ��- "` �` , -=l ;� `1�- As a customer of Midwest Check Cashing ( Community Financial Center ) I reqtiest your support for this business anc! se�vice to re��a�n an our neighborhood. I completely support tlle move of this bt�siness fi 477 Rice Street to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. �-' i NAME � ADDRESS � 3. ��'s�` , 4. ,n; � S yy� 6. {,r %r, � 0 . i �J � l� - .� � � ✓�` ,�i,�, i ��U 2;� �� s :�t.:�� s �-��i�n��yl� �. �� ,�/�f�i�o�� l-t�/E�� s' ,�/�aTi1/r�/��/J/ �'.� �� s��t/ � � u.��,C y!f � .¢ > �c� � 5"<0� 3ii? � /� � � ~/< �,�5� � b�.- `t'l b � As a customer of Midwest Check Cashing ( Commtmity Financial Center ) I request your support for this business and service to remain in our neighborhood. 1 completely support the move of this business fi 477 Rice Street to 259 University Avenue. This is a valuable servace to me and needs to remain available to our commumty. � a� 7 r' (.�! r.�f'�ay—z,., X— l�1 i`,1-�1-� `�, v -3J ��- �`�� v e �vrF All1lRFCR ____._._�_ � ' - o.� ( �_�: - G.��--S�S; As a customer of Midwest Checl< Cashing ( Community Financia] Center ) � 1 reqtilest your support for this business and service to remain ]n our neighborhood. I completely support the move of this business fi 477 Rice Street to 259 University Aveiiue_ Tllis is a valuable service to me and needs to i emain available to our community. NAME ADDRESS 1��7"� � l-�7 �a 9� c�s c� � � z -�—� i u 3 �:� ri,� t.� � � Z� 7 s. � �- � io. 12. �� 0 7 7 5 �' �(MS �-�- j0a� �r1� ' �S�'• �2� �'� � ��= P� � t ��S . � �� — � l� � � �f � � � � �:�� 'y , f]' �-�76� J�! �s a customer of Midwest Chec]< Cashing ( Cornmunity Financial Center ) ��-y I request your support for this business and service to remain in our neighborhood. I completely support the �nove of this business from 477 Rice Street to 259 Univei Avenue. This is a valuable service to me and needs to remain available to ow comn�unity. NAME 1. 2. 3. � �.�� -e�� ✓ ' C,� -� �3 � � �s� r �� r.r,�s�� ,� �� —��<�� . _,. - � 9. c��ii�i�.�� ;��- , , �o , ��-� /(� , � � ss�r 11. -�..��, �^1 �,.�. 3 S °1 � �� --e 1z �ia�,c;�n�u� !�ao r�t,.�s,�l>PP� cs�- �S��i �5�-� � s. /!�O�J .�� ,� .�'.NS � � ��. _. _ �� J �� .. As a customer of Midwest Check Cashing ( Comm�mity Financial Center ) � I request your support for this business and service to remam in our neighborhood. t completely support the move of this bL�siness fi om 477 Rice Street to 259 U��ivei Avenue. This is a valuable service to me and needs to remain available to our community. NAME = � -, ADDRESS 1 ��`1`� YYl ��✓ 'g �1��/ [1,��ik�.� ,�z, 2 I�� f[��t�L S��1G�C.�z_C�` W�ST a�z 3. C �� (p (/ v//�lN� /��=7 �''� j 4 .. 1'��I �w-� VJ.>?G\ • .j ` ' �1/� � �, � -.; �� ..� • 4_ �1� ��?��:� .� ``� l 7"n� l�� ?}�" �'.;.. �� F c�e �� 51c'� . __ .�. . � t� ; � €�:: - , ; c� � �,�✓ J J " . � As a customer of Midwest Check Cashing ( Community Financial Center ) 6a-4�� I request your support for this business and service to remain in our neighborhood. I completely support the move of this business from 477 Rice Sh to 259 University Avenue. This is a valuable service to me and needs to remain available to our community. NAME ��; � �.,� V�X� � �� S��! °� � �;i ii:i�_ � �y �GrsS�ZG<��\ • � � � i 9. 10. 11. 12. � ADDRESS 337 St/E,et3u�No .S'� Pi9�� Mn% SS� �, (p� 5 l 1 c� (L woo� A cJ� S _ f�_ r-�� /'�� c _ ___ � EXHIBIT C BOARD OF ZONIIVG AYPEALS STAFF REPORT I . APPLICANT: CURT POTTS 2. CLASSI�ICATION: Major Vadance 3. LOCATION: 942 PAI'I�7E AVENUE �• � r.— ;, a ��IG3�� FILE # 96-a 17 bA'TE OF IIEARING: 02/26/96 4. LEGAL AESCRIPTION: With easement and party wall agreement, L.ot 21, Block 24, Joseph R. Weide's Subdivision ofBlock 24, Arlington Hit[s Addition to St. Paul. 5. PLANNING DISTRICT: 5 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: 60.532 (4) 7. STAFF Il�'VESTIGATION AND REPORT: DATE: 2-12-96 BY: John Hardwick A. �URPOSE: A variance of the required separation between a check cashing business and residential property. B. ACTION k2EQtTESTED: A 100 foot separation is required and zero separation is available. A variance of 7 00 feeY is requesYed. C. SITE ANA AREA CONDITIONS: This is a 50 foot by 110 foot parcel. Parking is on the north side of the building with access off of the alley. Surrounding Land Use: Commercial along Payne Avenue and residential to the east. D. BACICGROITND: The subject property was most recently used as a retail clothing store and is cusently vacant. The applicaat's currency exchange business is presently Iocated at 981 Payne Avenue. There is no off-street parking available at that location. The applicant would like to relocate in the same general area but at a location with off-street parking available. E. FINDINGS: I. The property in question cannot be put to a reasonable use under the strict provisions of the code. . • � o�-�� c,�-(�3 Sf' � File �t96-017 Page Two A currency exchange business is a permitied use in this district provided that the building is located at least l00 feet from the nearest residential property line. However, there are few if any, commercial sifes along Payne Avenue that meet this criteria. The subject property could be used for a business that does not require a variance. Howeve,, a properly conducted currency exchange business, as evidenced by the complaint-free operation of the applicanPs business at 981 Payne Avenue, is an appropriate use of this property_ 2. The plight of the land owner is due to circumstances unique to his property, and these circumstances were not created by the land owner. The applicant established his currency exchange business at 981 Payne Avenue about eight years a�o, prior to the present regulations requiring the 100 foot separation {adopted in 1995). The new regulations and the configuration of commercial sites along Payne Avenue are circumstances tliat were 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 � P aul. The applicant has operated in this neighborhood for eight years without problems. Neither the Payne Phalen District 5 Planning Council, the City's Complaint office or the License office have received any complaints regarding the operation of the applicant's existino currency exchange business. The present location at 981 Payne Avenue does not meet the required 100 foot separation and the addition of off-street parking would be an improvement over the current situation. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor wil] it alter the essential character of the surrounding area or unreasonabJy diminish established propert}� values within the surrounding area. The applicant is not proposing any changes to the exterior of fhe property. There is adequate off-street parking to meet the requirements for a currency exchange business. An excessive amount of signage has been a problem with other currency exchanges businesses, however, ifthe applicant complies with the sign regulations for the district and obtains the necessary permits, this should not be a problem. The Economic Development Committee ofthe Payne Phalen District 5 Planning Council gave preliminary approval to the proposed move at their January 23, 1996 meeting. 5. The variance, if granted, would not permit any use that is not permitted under the � provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. File 96-017 Page Three ��-1C>35�'� � The proposed variance, if granted, would not alter or change the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential ofthe parcet oftand. The proposed variance is based on a desire to alleviate parking problems and to maintain The business in the immediate neighborhood. F. DISTT2iCT COUNCIL RECOMMENDATION: As of the date of this repor[ we have not received a recommendation from the full Payne Phalen District 5 Planning Council, however, they are scheduled to discuss this matter at their Feb�ary I4 meeting. G. STAFF RECONJI��NDATION: Based on findings 1 through 6, staff recommends approval ofthe variance subject to the condition that all ofthe old signs on the property are removed and that permits are obtained for al( new signs. i � • ZONING BOARD �� - - � � �1`1 D � o��z- �_ n pvi iCATION FOR ZONING ORDINANCE VARIANCE 9 �� - I CITYOFSAW7PAUL � ` 5 +_ ' n � (� � A VAFIANCE OF ZONING CODE CHAPTER � b , SECTION �� N PARAGRAPH f ! IS REQUESTED IN CONFORMITY WITH POWERS VESTED IN THE BOAftD OF ZONING AP- PEALSTOPERMITTHE� l,Q�lYbi I' ONPROPER7Y IIFSCRIBED BELOW. � 2. Name of owner (if diNerent) R I � ;r B Property Description: ADDRESS �I �� f� �� Y r �� •� 1. Legal description� LOT'� T BLOCK T��— ADR�� ? t�✓�� 2< 2. Loi size: � � 3. Present Use � � � Zoning DisL � — � C. ReasonsforRequest. 1. Proposed use � �=/� C � i� C �> s�,��;�. 1 2. What physical characterislics ot the property prevent its being used for zny of tne permiried uses in your zone? (topography, soil conditions, size and shape of lot, _tc.) ��;Y�_ }�kyJ}�4t',1'�".iY 1 ,_, la�.� '��:,,, : t �' . 1 , �: � fX ,r-,Lt i'.� (�t�L . � ✓1.l.iti...J�� , 2� l � t �� 3 State the specific variation requested, giv�ng distances where appropriate. I� � ' ,i �!'�C'utC¢- -t�, �_--� o i-a:�,�� .,.,:" i � 't �;.� t t-�_ . � . � � � � � � - °t---irz�.�'+x � ��•,� y--��..'?Llc!1t_ #-.�3.vrevsz-U'-i .r��:t", '1 �O�>� y�2t1:��f^..C 4. Explain how your case conforms to each of the foilowing: a. 7hat the strict appiication of the provisions of the Zoning Ordinance wouid result in peculiar or exceptional practical difficulties, or exceptional undue hardships. ��,��.j; • C;tUJ�.��:t��-'- l.:.��C; 4; ��CI �} i�._ 1, `�!c�.' :<.�ri; ��-a..��4L( J `� __ _ _ � _" ___ " � � � : ."t..!� � � � �.�r. ' t b. That the granting of a variance will I � �^ not be a substantial detriment lo �J_� CASHIERS USE ONLK,?,; .,�_ public good or a substantial impair- _>!_ _}; ; -;�; > _ =: %:r ment of the intent and purpose of ; _Y,�,;�,- - the Zoning Ordinance. - i r 3 4 Signature f 2/95 �:; JS,Y: {� �;'� I :..� "^i��K_.C:7( Y�..l'-�� y/ii{'f�:i.l - !'� :J�.._ `�'i , . 4 '�. ✓l es. �"' ; 1 l : ci_cf sr T= _ _ 1 �2 {y r.•: � � l t � Ci ti,�. .,` �� l ` � �`,� '- �/.�:� K J'-i '��' _ , ��:!°m`_� i oy_�t� � . .^ . � ��,i �`�r.� DAYTIMETELEPHONEN0.� � ZIPCODE J� 1. Property interest of applicant: (owner, contract purchaser, etc.) c � � �� E3� 3 ��.. t.:. z�s �q: 4 x 1 � �� E' . � .� ,\. -y 255 UNfvEf2SITY A�cNU= - BUILDIN�. WILD�:G CnOVAT�CN ]ie �v� 2FJ!n� .:Ke:Je c_T� !'.N.^_. r,_\_w"A � -�� A6'=I-0 � amS.a�,s, nvasrzooz nv izm nH '�- � �._ �� i �� 03.—�k.'1� � ` -; F--, � I' PROPERTY WITHIN 350 FEET OF PARCEL: 259 UNIVERSITY AVENUE WEST � �� ❑� � � Z 0 SHERBURNE ��>n r �„ z 2 I cz,sl I zs2 �z, s> z» �� UNIVERSITY c,zz> �a3>. 2ss 2sz � � ❑ ❑ � j � ss , s c� c�) m � z a �i�� i � D -� m � (V a�i N �� _❑�� ; o� ; �� I'; �❑�� ; �� I D ! � � � Z � i' i i i I, � � PREPARED BY: LIEP �) � �.� � � ' . . ...-.. �� i ?_ -, � __ _ � � ( �,, � .,.t� � �' ._ -- _ �_�� ^ �� _ e -��.. zr-N:�- -- �� __ _ � �- — [ 7 ,\, � � � - ° £ { � ��---- -----�-- � ` — — -- z= s --_—-- -- . � — � -- — � - -- -- — � 6 -� — � �.. _ � � __ -T -� — 0 \ /� ;i �. � � .—� :, � 5 ,I_ � , __ .__ _ I��.. ,. } �I � � ;; P � 3 ' -� L _ ' <. c� � � .�� `J — ` — 4- � � =- .i_.�� rf ��__- � -- ' - - � ' ! r I ;. — _, --_ ��. `\ , y J t • � ; °� _ `� > � � ?; '._' I � � - °'"s'`�~ � �l \\ '. �� \•. � � \ \ ` \ i �--f' �1 .� _, �� \ � CI1'IZEi� Pf�P.TICIPATiO\' PLAi31�'I2�TG AISTRICI'S 1. SUI�TRAX-FiATILECP.EEK-I3IGHWOOD 2. IIA"LEL PAR}: HADEn-PROSPERITY HILLCREST 3. \YEST SIDE _ 4. DA�'TON'S BLUrF S. PAYI�rE-PHAI.E?� , G: 1�ORTH F1�TD 7. THOMAS-D.ALE 8. SUM?✓,IT-UNI�'EP.SIT7' 9. 11'EST SEVEI�Tf-I 10. C0i�40 i l. IIAI�1LIi�E-MID\','A1' 12. S"i'. An'THONY PARK 13. ?�1ERRIAM PAR�:-LE7�INGTO:r' I�MLTNE-SNELLING IlAilil �1t: 14. T�ACALESTEF GP.OVELAi�� 15. HIGI-TLAi�D 1G. SUMMIT HILL 17. DO�,'Jt�'TO1Vi� -�— �`�..�� .��?=ic_3�� ba-",�{'l.tv CITY OF SAINT PAUL ! BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: 02-103580 DATE: March 25, 2002 WF3EREAS, Carol Toner has applied for a variance from the strict applicarion of the provisions of Section 60.542(4) of the Saint Paul Legislative Code pertaining to a variance of the sepazation requirements of a currency exchange business in the B-3 zoning district at 259 University Avenue West; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on March 25, 2002 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislative Code; and WHEREAS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantiaily reflected in the minutes, made the following findings of fact: 1. The property in question can be put to a reasonable use under the strict provisions of the code. ! The applicanYs currency exchange business is presently located at 477 Rice Street, which is about 3 blocks from this site. The applicant was informed recently that the State of Minnesota was acquiring her property at 477 Rice Street through eminent domain in order to create more pazking for the State Capitol. The only property in the immediate area that she has been able to find is the property at 259 University. This building is currently vacant. The most recent use in the building was a pizza restaurant. A currency exchange business is a use that is first permitted in a B-2 zoning district, subject to the condition that it is located at 100 feet from the nearest residential property line. The use is also permitted in a B-3 zoning district subject to the same condition. A B-3 zoning district is less restrictive than a B-2 district. Most of the surrounding property is owned and or used by Ron Saxson auto dealership. A high volume business, such as a currency exchange, is more appropriate in a B-3 district and is a reasonable use for this property, if it met the required 100 foot separation from residential property. Aowever, there are other reasonable uses that could be established on this site that would not require variances. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing unique about this property that would prevent it from being used for a reasonable use that would not require a variance. • Page 1 of 3 File #02-103580 Resolution 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 applicant states that a currency exchange business is primarily a neighborhood oriented business. The majority of customers work or live in the immediate area. She states that the business presenfly provides service to about 1,400 people annually who live or work in the neighborhood. Relocating in the immediate azea in order to continue servicing the existing client base is important for both the applicant and the people using the service. The applicant has submitted a petition signed by over 400 people, many of whom live in the immediate area, in support of the requested variance. This request 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. There will be no changes or additions to the exterior of the building other than signage. Provided that pemuts for the new business sign(s) are obtained, and the signs do not exceed that allowed by code, the proposed variance will not affect the supply of light or air to adjacent properties. The applicanYs business has been located at 477 Rice Street since 1985. The applicant states � that there has never been a complaint filed with the city or the state regarding the business. In checking the records in the Office of License and Inspections, staff found no record of any complaints regazding this business. The proposed business is in keeping with the nature of the other businesses in the area and will probably have less of impact on the nearby residential uses than the previous restaurant business did. 5. The variance, ifgranted, wou[d not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zaning district classification of the property. The proposed variance, if it is grated, would not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The applicanYs primary desire fo relocate in the immediate area in order to contiriue to serde the same client base. Page 2 of 3 • File #02-103580 Resolution 07-- � NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the request to waive the provisions of Section 60.542(4) to allow a currency exchange business with a separation of 69 feet from the nearest residential property line; on property located at 259 University Avenue West; and legally described as Robertson & Van Etten Addition To St. Paul Ex S 2o Ft For Ave W 6 Ft Of Lot 2 And E 38 Ft Of I.ot 3 Blk 28; is hereby denied. MOVED BY: Mo�-con SECONDED BY: otteson IN FAVOR: s AGAINST: 2 MAILED: March 26, 2002 TIME LIMIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is � proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are Snal subject to appeal to the City Council within 15 days by anyone afFected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my office; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on March 25, 2002 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS � Debbie Crippen Secretary to the Board Page 3 of 3 b�--`�`1 to MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL � ST. PAUL, MINNESOTA, MARCH 25, 2002 PRFSENT: Mmes. Maddox, Morton and Otteson; Messrs. Duckstad, Faricy, ffieindl, and Wilson of the Board of Zoning Appeals; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT: Vincent Courtney�` *Excused The meeting was chaired by Joyce Maddox, Chair. Carol Toner (#i02-1035801 259 Universitv Avenue West• A variance of the separation requirements from residential property in order to move a currency exchange business from 477 Rice Street to 259 University Avenue West. A separation of 100 feet from the nearest residential property to the building and a separation of 69 feet is available, for a variance of 31 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for approval, subject to the condition that the business signage on the properry is limited to that allowed by code. No correspondence was received in opposition to the variance request. No correspondence was received from District 7 opposing the variance request. Tate Dannielson from . District 7 stated that he had received two phone calls from neighbors concemed about the variance request. Ms. Morton questioned what the relevance the case of Curt Potts had to this case. Mr. Hardwick stated that it was included as information supplied by the applicant. Showing that a variance was previously granted without any separation between the business and the residential properties. He stated that instead of the 30 foot variance requested by the applicant, a full 100 foot variance was granted. The applicant CAROL TONER, 477 Rice Street, was present. There was opposition present at the hearing. Mr. Jay Salmen, 470 Pillsbury Court, stated that he is Ms. Toner's representative and that the staff report speaks for its self. He stated the fact that they were forced to relocate and because of the various currency exchange requirements, that they not be allowed to locate within a half mile of any other currency exchange, confines the area that is available for them to relocate to. Mr. Salmen stated that they were before the Board because this location is one of the few locations that is available for sale in the Rice and Universiry area. Mr. Salmen stated that they do have 7 parking spaces available in the back of the new building and they have an agreement with the University National Bank to use five parking spaces in their lot. He stated that they have a total of 12 off-street parking spaces at the new location where the old one had only one. Ms. Maddox questioned where the nearest check cashing business was located in relation to the proposed site. Mr. Salmen stated he thoueht it was at Dale and University. Mr. Scott Lambert, 277 Universiry Avenue, stated he is the executive vice-president of the Minnesota � Auto Dealers Association. He stated that this looks like a retail establishment but they have not made any accommodation for parking except behind the building. Mr. Lambert stated that they have File #02-103580 Minutes 03-25-02 Page Two the lot directly west of the new facility. He stated that they do not have off-street parking space available for those not doing business with them because they are very busy. Mr. Lambert stated that his concern is that if the currency exchange customers use the dealership's lot they will either have to: confront them, which they would rather not do; call the police, who have better things to do; or start towing people, which will lead to more confrontations. He stated that if the applicant is setting up a retail establishment they need to provide sufficient off-street parking that is easier to locate than on the street or behind their building. Ms. Maddox questioned Mr. Hardwick about parking requirements. Mr. Hardwick stated that a currency exchange is required to meet the same parking standards as a bank. He stated that is one parking space for every 240 sq. ft. of gross floor area. The previous use if it was a pizza restaurant would have required one parking space for every 225 sq. fr. of gross floor area. He stated that if the previous use was office space it would require one parking space for every 350 sq. fr. of gross floor area. Mr. Hardwick stated that the difference between what is being proposed for the building and for what was in that building, is less that five parking spaces. He stated that parking is not an issue, and the applicant does not need to provide any additional parking through a lease agreement or rental agreement, because the parking is sufficient. r1 LJ Mr. Tate Dannielson, District 7 Planning Council, stated that they had not voted on this matter as yet. He stated that this is a very rare variance for them to deal with. He stated that they had trouble deducing what the reasoning behind a neighbors objections to the variance request might be and how to . present that objection. Mr. Dannielson stated he did solicit the opinion of the neighbor directly behind the proposed establishment and they did not have any objections to the proposed business. He stated that Mr. Lambert's concerns about the parking also concems him. Mr. Dannielson stated he understood that the establishment was more than a check cashing service that it would also be an employment service. Mr. Hardwick stated that an employment service is considered an office use which requires less parking than the currency exchange. He stated that the Zoning Administrator has not addressed that part of the business because he had not been informed about the additional business. Mr. Hardwick stated that the employment service could be considered an accessory to the currency exchange. He stated that if they count the whole first floor as the currency exchange as he had counted it, one parking space is necessary for every 240 sq. ft. of gross floor area. He stated that if it was considered office space it would require one parking space for every 350 sq. R. of gross floor area there is still not a parking problem at the property. Mr. Dannielson stated that he thought the only way to get to the parking behind the building, is through the alley. He stated that he was concerned with the signage so that customers using the check cashing service would know where to park and how to get there. Mr. Dannielson stated that he understood that the employment services brought in a lot of business and it is a needed part of the communiry. He stated that he wanted to find an answer for the parking question that would satisfy the applicant and Mr. Lambert. Mr. Duckstad questioned howlong-most transactions atthe business would take. Mr. Dannielson stated that his understanding of the business was that for the check cashing street parking would probably suffice, because they are short transactions. He stated that his understanding of the employment service was that, people would gather and wait until the busses for the employment service arrived to take them to the work sites. Mr. Dannielson stated he did not know how many of them � would have to park, but when they do park it will be for the entire day. oa-��'� t� File #/02-103580 � Minutes 03-25-02 Page Three Mr. Salmen stated that they would like the Board to consider that they are before them specifically for a separation variance as it related to the currency exchange and they believe that the parking issues have been properly taken care of. Ms. Otteson questioned how much of the buildings use will be used by the currency exchange. Mr. Salmen stated that 50% of the building will be currency exchange, the other 50% wil] be the employment service. Ms. Maddox questioned how many police calls they have had in the last year at the current location. Mr. Salmen stated that there have not been any calls for disorderly conduct, robbery, theft or anything like that. He stated that the only calls that have been made have been caused by accidentaily tripping the alarm. Mr. Salmen stated that the average transaction takes from three to five minutes so people are not parking there for any extended period of time for the currency exchange. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Mr. Duckstad moved to approve the variance and resolution based on findings 1 through 6, subject to the condition that the business signage on the property is limited to that allowed by code. • Mr. Kleindl seconded the motion. Ms. Morton stated she would not vote for this variance based on finding number 1. That this property can be put to a reasonable use, it has been put to a reasonable use in the past and can be in the future. She stated that there is a reason for the 100-foot separation requirement from the nearest residential property. Ms. Morton stated therefore she finds that finding number 1 is incorrect. Ms. Morton stated that finding number 2, that the plight of the landowner is due to circumstances that are unique to this property and they were not created by the landowner, is also incorrect. She stated that just because they want to relocate there does not make this property unique. Ms. Morton stated that therefore, she would vote against the variance request. Mr. Duckstad requested that Mr. Hardwick respond to those statements. Mr. Hardwick stated that a check cashing service is a permitted use in a B-2 and a B-3 district. He stated that the B-3 is less restrictive and more intense uses are allowed in a B-3 district. Mr. Hardwick stated that there are certain state statutes that require a separation between check cashing facilities. He stated there is also a need to relocate the business within the unmediate area to serve those clients that would not otherwise be served. Mr. Hardwick stated that all the lots along University Avenue are 100-feet deep. He stated that across the alley immediately behind those lots are all residential uses, so any kind of business that requires a separation of 100 feet simply would not be allowed in the area if there were no exceptions. Mr. Hardwick stated that it is staff's opinion that this is a reasonable use of the properry, given the nature of the other uses along Universiry Avenue. He stated that it is also staff's opinion that through circumstances that are a combination of state statutes and the lot depth of all the properties along Universiry Avenue, the circumstances are unique and the applicant did not cause the circumstances. � File NO2-103580 Minutes 03-25-02 Page Four Ms. Morton stated that this is a land use problem not a problem on relocating someone's business. She stated that there is a reason for the 100-foot separation between a check cashing business and residential properties. Ms. Morton stated that therefore she disagrees with staff's opinion. Ms. Maddox questioned staff's opinion of the signage issue. Mr. Hardwick stated that signage would be appropriate but the question is where the signage would be placed. If placed in the public right of way it would need to be approved by the Public Works Department If placed on the building directing customers to park in the rear they would already be parked before they would see the sign. Mr. Hardwick stated that Universiry is a mass transi[ corridor and many of the customers either waik or use mass transit. He stated that they do not need parking under the Zoning Requirements for their use at that location. Mr. Wilson questioned whether they had to provide parking for the apartment upstairs. Mr. Hardwick stated that the previous uses of the building have been grand fathered in for that site with the parking tltat is available. The motion failed on a roll call vote of 3-4 (Morton, Faricy, Otteson, Maddox). Ms. Morton moved to denied the variance and resolution based on findings 1 and 2. Ms. Otteson seconded the motion, which passed on a roll call vote of 5-2 (Kleindl, Duckstad). Submitted by: Approved by: John Hardwick Jon Duckstad, Secretary �I � � 6 a.-L1`l� District 7Planning Council 689 North Dale Street Saint Paul, Minnesota 55103-1644 651/298-5068 (offue) 651/298-5072 (fax) district7�sfamily.net (e-mail) Apri123, 2002 John Hardwick Office of L.I.E.P. 350 St. Peter Street, Suite 300 Saint Paul, MN 55102 Dear John, This letter is in response to the appeal to the City Council concerning the Boazd of Zoning Appeals denial of the variance request at 259 University Ave. West. The District 7 Planning Council's Physical Planning Committee met on Apri122, 2002 and voted to recommend annroval of the appeal. Thank you for your consideration. Sincerely, �� , Tait Danieison Lead Organizer Our 30��' year of service to the neighborhoods of Mt Airy, Capitol Heights, Lower Rice Street, Frogtown and East Midway 1970 - 2001