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02-735y ?e t"` ; � �^ � � ; � S ' tJ i t 4 i w' i e ��l i.� RESOLUTION CITY OF SAINT PA Presented By Referred To 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 CouncilFile# pa�!1� Green Sheet # �0 (� Q � Date Whereas, Historic Renovations, Inc. made applicarion to the Zoning Admnustrator pursuant to Leg. Code § 62.102(b) to establish legal nonconforming status for the outdoor storage of semi-trailers and other material on property commonly known as 726 Selby Avenue and legally described as contained in the said zoning file; and Whereas, the zoning administrator reviewed the appiication of Historic Renovations, Inc. and duly denied it; and VJhereas, on or about November 26, 2001, Rick Igo, in zoning file No. 02-107893 and pursuant to Leg. Code § 64.204, filed an administrative appeal from the decision of the Zoning Administratar to deny the application of Historic Renovations, Inc.; and Whereas, the Boazd of Zoning Appeals (hereinafter, the "BZA"), pursuant to Leg. Code § 64.205 conducted a public hearing on the appeal on May 6, 2002 after having provided notice to affected property owners and the BZA, by its resolution No. 02-107893, adopted May 6, 2002 decided to deny the appeal based on the following findings and conclusions: The appellant alleges that this properiy has been used for parking and storage continuousiy since prior to October of 1975. He has submitted a statement from a previous neighbor of the property, Jim Crowley, who says that he lived at 705 Hague Avenue from the mid 1970's until the latter part of 1989. The former neighbor claims that he stored some of his cars on the property in the early 70's and again in the mid 80's. The appellant also submitted a statement from the previous owner of the property, Burt Rudolph. That statement claims that Capitol Supply Company owned the property from 1939 to 1994 and that they had used the properry for off-site storage during that time. The statement goes on to say that the owner gave the appellant permission to use the site for storage and pazking in 1988. The appeilant states that he has used the properry for parking and storage continuously since 1988. 2. Prior to October of 1975, this properry was zoned for commercial use. As part of the citywide rewriting of the zoning code in October of 1975, the properry was zoned RM-2, multi-family residential, and has been classified as RM-2 since then. � �o � 1 2 C� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SO 51 Until September of 1976 there was an apartment building on this site. An aerial photograph from 1974 clearly shows the original apartment building and what appeazs to be an accessory parking azea behind the building by the alley. An aerial photograph from 1977 cleazly shows the buiiding gone and the property empty. These photographs conh the statement from Burt Rudolph, the owner of the properiy at that time, who only refers to the use for off site storage and did not mention the apartment building. Staff checked the City Directories from 1974, 1977, and 1979 and found no listing for a Jim Crowley residing at 705 Hague Avenue. In addition, the statement from Mr. Crowley is vague as to the e�ct time that he lived there and indicates that he parked his vehicles there in the early 70's and again in the mid 80's. 3. The appellant has failed to meet either of the required findings needed to establish legal nonconforming staxus for the use of this properry for pazking and storage. The first option is to prove that the use has been in existence continuously since 20 years prior to 1976. The statement submitted from Mr. Rudolph, who claims to have owned the property from 1939 to 1994 and used it as an off-site storage area, is unsupported by any evidence and is contradicted by the aerial photographs of the site from 1974 and 1977. The second option is to prove that the use has been in existence since 1975 and was established pursuant to building permits issued by the City. The statement submitted by Mr. Crowley is vague as to when he lived in the area and is not supported by facts. 4. The burden of prove is on the applicant to provide "cleaz and convincing" evidence as to when the use was established, that it was established pursuant to building permits, and that the use has been continuous since either 1956 or 1975. The appeliant has failed to provade ciear and convincing evidence to meet any of these conditions. Oa.-'1 �cS Whereas, on or about May 22, 2002, and pursuant to the provisions of Leg. Code � 64.206, Rick Tgo duly filed with the City Clerk an appeal from the determination made by the BZA and requested a hearing before the City Council for the purpose of considering the actions taken by the BZA; and Whereas, Acting pursuant to Leg. Code y� § 64.205-.208 and upon notice to affected parties, a public hearing was duly scheduled by the City Council for June 26, 2002 but, at the request of Mr. Igo, the matter was laid over to July 3, 2002 where all interested parties were given an opportunity to be heud; and Whereas, The Council, having heazd the statements made, and having considered the variance applicafion, the report of staff, the record, minutes and resolution of the BZA, does hereby 1 .. . ba- �� 2 Resolve, That the Council of the City of Saint Paui hereby affimis the decision of the 3 BZA in this matter and finds that the said Board did not err in facts, findings or procedures in 4 denying the appeal from the decision of the Zoning Administrator; and 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Be it Further Resolved, notwithstanding the finding above, that the Council, based upon the record before it and acting pursuant to its authority under Leg. Code § 64.207 to take action, hereby modifies the decision of the BZA by providing: (1) the applicant has six (6) months from July 3, 2002, to obtain any necessary building permits and approvals for constructing a new building on the subject property;and (2) construction of the new building shall commence within one (1) year of July, 2002 and shall be completed in compliance with any applicable code of the City; and (3) the applicant shall deposit with the department of finance and management services, in cash or bond, a performance guarantee in the sum of two thousand (2,000.00) dollazs; and (4) in the event the new building is constructed within the time limits imposed and in compliance with applicable codes, the cash or bond posted as a performance guarantee will be refunded to the applicant; and (5) in the event the new building is not constructed within the time limits imposed or not in compliance with applicable codes, the cash or bond posted as a performance guarantee must be forfeited to the City for its use in abating any zoning code violarion caused by the exterior storage; and Be it Further Resolved, That the appeal of Rick Igo be and is hereby denied in all things except as modified above and, be it Finally Resolved, That the City Clerk shail mail a copy of this resolution to Rick Igo, the Zoning Administrator, Pianning Commission and the BZA. Requested by Department of: By: Form Approved by City Attorney By: �� `�WN�-� � - 2y- By: Appi By: Adopted by Council: Date � �� Adoption Certified by Council Secretary '____ _. . .. � . _ . . . . _ .1 Oa.-'135 CITY COUNCIL �� Aug. 5, 2002 GREEN SHEET No 200693 Councilmember Blakey 266-8610 UST BE ON OOUNCIL AGHJDA BY (0.4T� ''. TOTAL # OF SIGNATURE PAGES oF,�un.�n omFCraR arvtaHra. ❑ fllYAiTOR1EY ❑ tlIVttFRK ❑ IiWItl41.iFRY1CFiGR ❑ AAtl11tJ�LfFA11l�CL`TO ❑rnvoRlat�tmvu+ry ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action denying the appeal of Rick Igo from a decision by the Zoning Administrator denying an application for legal nonconforming status for outdoor storage of semi-trailers and other material on the property at 726 Selby Avenue. PLANNING COMMISSION CIB COMMITTEE CML SERVECE COMMISSION OF TRANSACTION S SOURCE Has this persorJfiim e�r waked under a cantract for ihie tlepartmeM? vES nio Has this OerwNfiim ever been a cdY emPbYee7 YES NO Dces Nis perwNfirm poesess a sldll not normaltypossessetl by a�ry curreM city empbyee7 YES NO Is this pe�soMfi�m a prpeted vendon VES NO COST/REVENUE BUDGEfED (CIRCLE ON� ACTNITY NUMBER VES NO INFORMATON (IXPW f� � ROUTING ORDER: � � � � � � � , � , . ; ' Belo , � „ waFe' correctrou[ings�thesixm�tfrequentit}Tesofdocuments: � � � � eorTrxncrs (�� a�a b,,�a�x �j ,, , coY�cu: �soi�ox ��a'bua��c �i�j � � ��{_bourside � � � � ��L:��D'ac�ie��Daeetor � � � � � , ABeneY �P , , � 2'De�ac�'edt�Direcror � � � � � � 2. OfficeofFin�c�alpServicesD�rector� � � � 3 ��Cit}r'�lttnmey,', � � � 3 CitgA(tbmey� � � � ' 4 'May,orlAssi,staTlt (Y'or contracts over $25;000) ' � � 4 ��t�sst�t�r � , � � � � s.:�� sso;aoo� � �� s�, c��r.eoffi�a � _ or 6 ceofFinancialServices '6.Off�ae F�nsncial'Seiv�ces�' . �, Accoffi6nB AccoffitmS , . , , on C UNCILRESO O ADMINLSTRA'fIWE ORDII2S' �7Tf N all otliers and' Ordm�ces , , or � ,. C � (Bud'get. �Re,vist ) p 1• AcUvi$`bf?na8er DePs[finentAccoffita� 1 DepaitmeatI7sector �� .� �DepactmentD;asector ; � � � 2 C�t�Atfomey � � � � „ �3. ,Qfficeo�E'mancial,$e�v�cesDirector '� � � ' 3 Mayo'i��kss�stant., .',' r' � „ , � �: Ci'typCle� � � � �'4 �Cxity''�P�� 5. - O�ce ofFinancial Services -A . „ „ ccam5n8 , , � , „ ADMINISTRhTIVE ORDERS' all otfias ' E�C�JTIVE ORDER � , . . � ) , ent D'sector ', � F. IJ '� aifinent � � , I. arFm D�rector � `z�"c��nu�ey � „ , z , c�' ,, �nuo�y ; � � � � � � � � � 3. O�ceofFineoe�alSecyices,Di�ector , 3_ 1�fayot�Asvstanti' �,' 4. CityGleHc"� , �4 �ry�Cfeck ��' � � , � � � � TOTAI, N{71vIBII2 0F SIGNATURE PAGES Indicate�She#of � �on�wLich� � are � � and a ' �oT � �eachofthese �,.�, i �P� �8ag� �I�t� � Pe�P ��S PaS�- , � , q� �� iilili�r�i� �' � ACTTONREQi3ESTED I to l�sh chron DesciibewLaftl�ep%{ecVnequestseeks accomp, inerthee olog�cal'orclerorbrdero�mipoe4ance,whi¢fiever�s' ' ete,sentences., each'itemm isl�stwtth vab � a � � �ost�appcopriate f� the '�ssue. Do notwnt� compT $eBn ` Xp, � . � ' � �RECOMMENDI1TIOfIS � � � � � � � Complete �f the issue in question has been presented before any bod� Pnblic qi pnvate , �, PERSdNl4L SIILVICE COIITRACTS' �� , '�, � �� ° � �� ' ' ProP� " �it9 comPeasahouclaims taaresand civil 17ris mfoimation wi71 be used to deteim�ne the ciiy s I�ab for workers servicehuingniles. �� r ��,, INII7ATSNCa PROBLEIv� T$SUE, OPPORTUNITY ; F.�cplaintlie,sif�ration ot conditiams that created a�ed foryo�s pmjecE or reqaest. „ „ , � � � � � �, � „ , . , „ r „ � � � � � ADVANrAGES IF APPROC�ED , � � �� , ' i ' Indicate whetli'er tkiis is ' an anmral,ti ioceiivae' iawlcd'arter or wkether tliere are ec�c�w m' �' ' � �.YY ucYB'etP za4u�� ,� , � �� whicli the Cily of §sinCPaul and ifs citizens will be¢efiE,fromthis'Pm,jectFacti'on. , DLSADCzt�NTA(�S IF APPROVED �� ' � �� `��' � � `� �� . � � Wbat negahve effects orma�a-cl�ges to,e�shPS,�P�P?� �f�f � Prol��4� PTOa"�e �d �s passed C�S;hafficdelays,;nrnse,tmciuexeaseson',as�ents�� Towhom� �1VfienRForfiat�long? �, �� „�,� , � � � � � `r ' „ DiSADS�ANTA�CsES IE NOT APPRO�D � �� Whet ¢affi� no�se� �rafe��2'aLo�iofrewenueomusedactron�snotappraved? deliver I tmae Itigbili(ytq seicnce7 Con ��, i �� i,,, � � � i u � �, � � � �, '' +' FINANCLIL IIvIeAC'F ere to Ehe" � f � . I� � � � I � AkhoSugh yon Ysilor the in€oimahon you pmvide ti tssue pon are addcesswg, m$eneral�°n,must answa � fwa,qiieshons: How mmch �s ih, gomgto cost2 Who,'is, Bo�B � P� � �� I , . . � , , � � � �� , . , � � � � � � „ � � ��, � ., � � � , � � � „ . � � �� . � � � „ , , � , �� , " r , ,, � � � � . , � ��' � � � � � � „ �, � � �� , �: i� � , 7 i i ' , iati'.�i,, i I.'��"II Ji ...�, ii�,.e � I I�!i�4'i�i, i �,��.�.� �,i�i�i ��f�.i��L�i��iu�l�l �}Iii��i �,�6iti1�,Vn II li o,,,.� t�.-1'�,S Interdepartmental Memorandum CITY OF SAINT PAUL DATB: 7uly 25, 2002 TO: Nancy Anderson FROM: Peter Warner � RE: Resolution memorializing Council decision in the matter of the appeal of Rick Igo (Historic Renovations, Inc.)from a decision of the Board of Zoning Appeals denying request for legal non-conforming status of use of property at 726 Selby Avenue. Council Action Date: July 3. 2002 Nancy: Attached please find a resolution in the above noted matter. Would you place this on the CounciPs consent agenda at your first opportunity. Thanks. PWW AA-ADA-EEO Employer ba. -�. �5 CITY OF SAINT PAUL Rm�dy C. Kelly, Mayo> OFFICE OF LICENSE, INSPECTIONS AND ENVII20NbIENTAL PROTECTfON RogerC. Cur[is, Direcfor 34 LOYVRYPROFESSIONALBUILD7NG Telephone: 657-266-9090 350St. PeterSt�eet, Suite 300 Faesiitile: 657-266-9124 SaintPaul, �nnesata 55702-ZSIO Web: www.ci.stpau7.�mcus/liep I �FIIdSTRUN• NOTICL OF POffidC HEqgQ7G � 1Le Samt Paul City CoiutcIl wtIl � a Publi� hear�g on-Wednesday, Jtwe �, !1 2002, at 5:30 p.m_ 3n the C;riS' O�$ M `dy 2>� 2��2 ( hamlvrv 217I[d F100i 15 Wes[ ISe]] � �_� � tn consider the �ulevard. Saixrt Pau1. �i. Ms. Nancy Anderson � �� ' �,�u,es�a��,g��g Council Research Office f` arn� of a derision by #ie z� Room310CityHail �;�?3 � � �� no �nt� �r �� age of semi-hmleys �u3. a�ha -mater�s am S3tT1Y. P3U1, MN. $$1 �2 the P�I��Y at 726 SefiyAvemia Dated: June 10, 2002 NANCPANDERSDN Deaz Ms. Anclerson: - r�sigcant c�t c�t s��raz �� — sr. reea, rar,� sencax � ozossis4 I would like to confirm that a public hearing before the City Councii is scheduled for Wednesday, June 26, 2002 for the following zoning case: Appellant: Zoning File #: Rick Igo 02-106962: Purpose: Appeal a decision of the Board of Zoning Appeals denying an appeal of a decision by the Zoning Administrator denying an application for legal nonconforming status for outdoor storage of semi trailers and other material on properiy at 726 Selby Ave. Location: Staff: District 8: Board: 726 Selby Ave. Recommended recommended denial No recommendation Denied on a 6-1 vote. I have confirmed this date with the office of Council Member Jerry Blakey. My understanding is that this public hearing request will appeaz on the agenda of the City Council at your earliest convenience and that you will publish no6ce of the hearing in the Saint Paul Legal Ledger. Thanks! S' ly, (s�.-'�=---c� ' / °' � John Hardwick, Zoning Specialist AA-ADA-EEO Employer , APPLICATION FOR APPEAL Depanment ojPlanning and Economic Dwelopment Zoning Section II00 Cit}• Hall Annex 25 iY'est Fourih Street Saint Paul, MN 55102 2b6-6589 APPELLANT PROPERTY LOCATION City �� l_ St.� Zip to2Daytime Zoning File Name Address/Location �Z-� �i TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeais C�City Counci{ under the provisions of Chapter 64, Section �a , Paragraph � of the Zoning Code, to appeai a decision made by the �dRnl� c�2F�s.9�► R��'�ts� on �+�t�`� �(7 , (date of decision) File number: � I6��7� � GROUNDS FOR APPEAL: Explain why you fee! there has been an error in any sequirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. �(,.,.SC 1� 1 U �� Zc�9vi 4-� ��vtP� 1"�� 5 Lo 4'6�S �li..-wi�'YS � �S� � ST�� , Attach additiona! sheet if AppiicanYs Date �'� �Z City agent c�a.-� �s �.-�35 OFFICE OF LICENSb, P•7SPECTIONS AND ENVIRONMEi1TAL PROTEC[ION Roger G Curlis, Director i' � Appellant: f Zoning File #: CITY OF SA1NT PAUL Randy C. Ke11y, Mayor May 29, 2002 Ms. Nancy Anderson Council Research Office Room 310 City Hall Saint Paul, MN. 55102 Deaz Ms. Anderson: LOWRYPROFESSIONALBUILDI.�VG Telephone: 651-266-9090 350 St PeterStree; Suite 300 Facsimile: 651-266-9121 SaintPaul,Mimesota55102-I510 Web: wwvi.ci.stpauLmm.uslliep T would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 26, 2002 for tlie following zoning case: Rick Igo 02-1Q6962: Purpose: Appeal a decision of the Board of Zoning Appeals denying an appeal of a decision by the Zoning Administrator denying an application for legal nonconforming status for outdoor storage of semi trailers and other material on property at 726 Selby Ave. 726 Selby Ave. Recommended recommended denial No recommendation Benied on a 6-1 vote. I have confirmed ttris date with the office of Council Ivlember Jerry Blakey. My understanding is that this public heargng request �vill appeaz on the agenda of the Ciry Council at your eazliest ccnvenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. "I'hanks ! • Si '�c ly, d � ,�� /, , � v�/ , � ` John Hardwick, Zoning Specialist Location: Staff: Dastrict &: Board: AA-ADA-EEO Employer ; APPLICATION FOR APPEAL Departn:ent of Planning and Economic Development Zoning Section II00 Cit}� Hal! Annex 25 H'est Fourth Srreet Saint PauT, MN SSIO2 266-6589 APPELLANT PROPERTY LOCATION Address '°'00 �PCf'T �J� Sv,�' �� City �� St.� Zip fo2Daytime phone�tS�'�/$`/.�a3� Zoning File Name Address/Location �Z(c� �-P.�i TYPE OF APPEAL: Application is hereby made for an appea! to the: ❑ Board of Zoning Appeals C�City Council under the provisions of Chapfer 64, Section ��n , Paragraph � of the Zoning Code, to appeal a decision made by the �dAnt� c�7�ra9iNy ��.s� on 4�1P<`{ �7 , - � 2 File number. 02-- �(F7�j� �'3 (date of decision) GROUNDS FOR APPEAL: Expiain why you feei 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 4he Board of Zoning Appeais or the Pianning Commission. ��C��7C j� ��T ZCrtvi� �`�%�A� `{'(i�� 3' �"W�S ,�l�w(�;�5 P�v i�s� � ST6�-�2� . Attacn additional sheet if ApplicanYs � us ut�ty ' . F � -- 3;��_.�i�_7 �- g ddte� :;. �, xr ,:._:_�:°�::�.__;: _ .r`�. .- f� Date �'�' �Z City agent .� oa- BOARD OF ZONING APPEALS STAFF REPORT . TYPE OF APPLICATION: APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION: PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: DEADLTNE FOR ACTION: � � Admanistrative Review HISTORIC RENOVATIONS, INC. May 6, 2Q02 Q SZ.` ]� � 3 O1 /1 �] FILE #02-107893 HOLCOMBE'S ADDITTON TO SAINT PAUL LOTS 12 AND LOT 13 BLK 6 RM-2 Apri125,2002 June 2, 2002 BY: John Hardwick DATE RECEIVED: Apri13, 2002 A. PURPOSE: Appeai of a decision of the Zoning Administrator denying legal nonconforming status for the use of this property for storage and parking and ordering the same to be discontinued. B. SITE AND AREA CONDITIONS: This is an 80 by 109-foot parcel with alley access at the reaz. Sunounding Land Use: Mixed commercial and residential uses. C. BACKGROUND: In Mazch of 2001, in response to a complaint, an inspector from the Office of License, Inspections, and Environmental Protection (LIEP) inspected the subject property. The inspector found that the property was being used for the parking and storage af semi trailers and motor vehicles. Outdoor storage and off-street parking, except as accessory to a permitted residentiai use, are not permitted in an RM-2 zoning district. He subsequenfly issued orders to the applicant to discontinue the use of the property for storage and parking. In October of 2001, the applicant submitted an application for legal nonconforming status ia order to continue the use of the property for storage and parking. That application was denied and the applicant is now appealing that denial. Page 1 of 3 ZONTNG CODE REFERENCE: 62.102(�(7) � Fite #02-107893 Staff Report D. ZONING CODE CITATIONS: Section 62.102 (b) states "For the purposes of this section, "use" means the principal purpose for which land or a building is being occupied. A use will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to October 25, 1975, the use was established, converted, or enlazged and occupiec3 pursuant to building permits issued by the City of Saint Paul; or if it can be demonstrated by clear and convincing evidence that the particulaz use had been in existence continuously for twenty (2Q) years priar to December 13, 1976. The burden of proof shall be on the property owner. The planning commission may approve permits granting nonconforming use status to uses that do not meet these standards, as set forth in clauses (i)(1} and (i)(2) of this section." Section 62.108(a)(9} requires site plan review and approval before any off-street parki�g facility may be established. Section 64.204 (c) allows any person affected by a decision of the Zoning Administrator to appeal that decision to the Board of Zoning Appeals within 30 days of the decision. . Section 60.216 Parking. The Placement of automobiles, trucks, trailers, semi-trailers, inter-modal cargo containers, or other vehicles for five (5) or fewer days. � E. FINDINGS: The appeIlant alleges that this properiy has been use@ for pazking and storage continuousiy since prior to October of 1975. He has submitted a statement from a previous neighbor of the property, Jim Crowley, who says that he lived at 705 Hagt�e Avenue from the mid 1970's until the latter part of 1989. The former neighbor claims that he stored some of his cars on the property in the early 70's and again in the mid 80's. The appellant also submitted a statement from the previous owner of the property, Burt Rudolph. That statement claims that Capitol Supply Company owned the property from 1939 to 1994 and that they had used the property for off-site storage during that time. The statement goes on to say that the owner gave the appellant permission to use the site for storage and parldng in 1988. The appeIlant states that he has used the properiy for parking and storage continuously since 1988. �. Prior to October of 1975, this properiy was zoned for commercial use. As part of the citywide rewriting of the zoning code in October of 1975, the property was zoned RM-2, multi-family residential, and has been classified as RM-2 since then. Unti] September of 1976 there was an aparhnent building on this site. An aerial photograph from 1974 clearly shows the original apar[ment building and what appears to � Page 2 of 3 � oa-�3s File #02-107893 � Staff Report be an accessory pazking area behind the building by the alley. An aerial photogaph from 1977 cleazly shows the building gone and the properry empty. These photographs contradict the statement from Burt Rudolph, the owner of the property at that time, who only refers to the use for off site storage and did not mention the apartment building. Staff checked the City Directories from 1974, 1977, and 1979 and found no listing for a 7im Crowley residing at 705 Hague Avenue. In addition, the statement from Mr. Crowley is vague as to the exact time that he lived there and indicates that he parked his vehicles there in the early 70's and again in the mid 8Q's. 3. The appellant has failed to meet either of the required findings needed to establish legal nonconforming status for the use of this property for pazking and storage. The first option is to prove that the use has been in existence continuously since 20 years prior to 1976. The statement submitted from Mr. Rudolph, who claims to have owned the property from 1939 to �1994 and used it as an off-site storage area, is unsupported by any evidence and is contradicted by the aerial photographs of the site from 1974 and 1977. � The second option is to prove that the use has been in existence since 1975 and was established pursuant to building permits issued by the City. The statement submitted by Mr. Crowley is vague as to when he lived in the area and is not supported by facts. 4. The burden ofprove is on the applicant to provide "clear and convincing" evidence as to when the use was established, that it was established pursuant to building permits, and that the use has been continuous since either 1956 or 1975. The appellant has failed to provide clear and convincing evidence to meet any of these conditions. E. DISTRICT COUNCIL RE�Ot�IMENDATIQI�: Pas af the date of this report, we have not received a recommendation from District 8. F. STAk'F I2ECOMMENDATION: Based on findings 1 through 4, staff finds that the Zoning AdministraYor did not error in deny�ng the appelYanY's appiication for legal nonconforming status and recommends deniai of this appeal. � Page 3 of 3 � ; �.,H� •wui � IIIIIIA .�� :: : 7��. r ...��'s' � _ ctg _d�[8:. .. _` . � ,-::_;.:::,::. � G� f��}.�`�� City � .'�'�t7L. St.�Zip ,�(Q�Daytime �,�Y �s, y��-�z��7 r APPLICATION FOR APPEAL 2oning Section �j �P � � c�WZ� p�r-� g�� . �� irn, s ,u r, s 35o sf. n�+ Saint Paul, MN 55102 166-6589 APPELLANT PROPERTY LOCATION Zoning File Name _ S�Y F�V�. Address/Location � 2b Sc' "( 3( S�Y ��38 SaBY NPE OF APPEAL: Appiication is hereby made for an appeal to the: �Board of Zorting Appeals ❑ City Council under the provisions of Chapter 64, Section zo` , Paragraph �_ of the Zoning Code, to . appeal a decision made by the ZC71�41htG T iGp�GTOtn - T�F��Y �SCy.s,�.{E[}}. on _ 11 •( b ,� . Fi1e number: (date of decision) Z�7 � GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requiremenf, permit, decision or refusal made by an administrative offcial, or an error in facY, procedure or � finding made by the Board of Zoning Appeals or the Planning Commission. ' j�-}� v� p� 'C4�IS t��1�L't'� WI�S � L�C-�f\l_ GO�FC`�V�1G l)`..s� t��.10�. TO "�N� E��CY1t1E't�+R'S'E' dFT�IE Go�c Gbkf�{yGt VS� l{f�S �i� Co��CW v�C� s i ucc '�F1�� ."C t}E. aN �Y Gt-4 RtV,G, c'C�-4r�-T t 4�S'l��[ �t� �5 w� It�SVEST�.� �.�1J�S O� t�c.A�.S To �tPR.WE � k4t q�RL��"C RNn �1�-f�e�ic.� o�T4��5 g�'�E �CCOrc.Dii,tc z ciiR�t 1vZ s�c. 1oZ Tk}iS USG �+�^t Ccx.��c'iNUC U1�T�-L-�I'!�klS vSE j5 I�aU� 3'� uS. Attach additiona! sheet ApplicanYs � Date ��'Zb°l City agent � oa-7�s CITY OF SAINT PAUL � BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: 02-107893 DATE: May 6, 2002 WHEREAS, Historic Renovation, Inc., has appealed a decision of the Zoning Administrator denying an application for ]egal nonconforming status to use the property for storage and parking and ordering the same to be discontinued in the RM-2 zoning district at 726 Selby Avenue; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on May 6, 2002 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislative Code; and WHEREAS, the Saint Paui Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: 1. The appellant alleges that this property has been used for parking and storage continuously since prior to October of 1975. He has submitted a statement from a previous neighbor of the property, Jim Crowley, who says that he lived at 705 Hague Avenue from the mid 1970's � until the ]atter part of 1989. The former neighbor claims that he stored some of his cars on the property in the early 70's and again in the mid 80's. The appellant also submitted a statement from the previous owner of the property, Burt Rudolph. That statemenf claims that Capitol Supply Company owned the property from 1939 to 1994 and that they had used the property for off-site storage during that time. The statement goes on to say that the owner gave the appellant permission to use the site for storage and parking in 1988. The appellant states that he has used the property for parking and storage continuously since 1988. Z. Prior to October of 1975, this property was zoned for commercial use. As part of the citywide rewriting of the zoning code in October of 1975, the property was zoned RM-2, multi-family residential, and has been classified as RM-2 since then. Until September of 1976 there was an apariment building on this site. An aerial photograph from 1974 clearly shows the original apartment building and what appears to be an accessory parking area behind the building by the ailey. An aerial photograph from 1977 clearly shows the building gone and the properly empty. These photographs contradict the statement from Burt Rudolph, the owner of the property at that time, who only refers to the use for off site storage and did not mention the apartment building. Staff checked the City Directories from 1974, 1977, and 1979 and found no listing for a 3im Crowley residing at 705 Hague Avenue. In addition, the statement from Mr. Crowley is � vague as to the exact time thaY he lived there and indicates that he parked his vehicles there in the early 70's and again in the mid 80's. Page [ of 3 � File #02-107893 Resolution 3. The appellant has failed to meet either of the required findings needed to establish legal nonconforming status for the use of this property for pazking and storage. The first option is to prove that the use has been in existence continuously since 20 years prior to 1976. Tha statement submitted from Mr. Rudolph, who claims to have owned the property from 1939 to 1994 and used it as an off-site storage area, is unsupported by any evidence and is contradicted by the aerial photographs of the site from 1974 and 1977. The second option is to prove that tfie use has been in existence since 1975 and was estabIished pursuant to building permits issued by the City. The statement submitted by Mr. Crowley is vague as to when he lived in the area and is not supported by facts. 4. '�'he burden of prove is on the applicant to provide "clear and convincing" evidence as to when the use was established, that it was established pursuant to building permits, and that the use has been continuous since either 1956 or 1975. The appetlant kas failed to provide clear and convincing evidence to meet any of these conditions. L� NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the � Zoning Administrator did not error in determining that the property located at 726 Selby Avenue; and legally described as Holcombe's Addirion To Saint Paul Lots 12 And Lot 13 Blk 6; does not have legal nonconforming status for use of this properiy for sYOrage and parking and ordering the same to be discontinued pursuant to Secrion 62.102( fl(7). BE TT F'URTFIER RESOLVED; that the appeal is hereby denied. MOVED BY: Morton SECONDED BY Faricy IN FAVOR: 6 AGAINST: i MAILED: May 7, 2002 Page 2 of 3 � � oa-��S File #02-107893 � Resolution TIME LIMIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parking facility sha11 be valid for a period longer than one year, unless a building permit for such erection or aiteration 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 £nal 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 originat and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on May 6, 2002 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARA OF ZONING APPEALS Debbie Crippen Secretary to the Board � Page 3 of 3 �1 KOv-�?-�! TUE �:3' FM AiSTORiC �Eh10�nTiQt�� iN? FA:. V0. 6�l 4.8r 3�:� P. � ;x.l'��?7-2e01 1�t:56 CITY OF ST PFdIL �tEP 551.26G3093 �'.Lk• �� Request for Continuance �'�� 3oard of Zoizing Appeals �lQ Juhn �Iazdwick �ity of Sainc i'sul Offica of L.1.E.P. Low�y Professional Building 356 5t. Peter Sueet, Suxte 310 �hint Fa�a7, MN 55102-1510 ry p R � T��,��G:r� p�, n�.e: "I.,aning File # �A �`"' i• V iZ��t'�'= ��` i3ear Beard Membezs: M- Q.n1 ' IV C�_ lT�a�v`� /t'( > ��tT<< ii � 7�fn �� v E reqtae�st tnat the public h2uing scheduled for the date of �^ �l 2° � for tlie r�farenceci :'a�i?ng File be cont�nucd for a periad not to exrzed 1 Z6 ,� Y S. j am aevaie of t�ie requitetnPYii that the City must ma.�Ce a final decision on this matter cvithin sixiy (6Q} daqs ot r,c.�ipt of an application for a zoning variance oc an administrati�'e review as st �TECI 112 MlYitl- �JYaT ±;.99 (1995) ar,d hereby ��aive my ri�hts to a final decision within fhe sixty (60) day period. Slnceiely, <'r• ` � �' ��1� -�±,-�'--- � ai�nattire Uf applicant Or apEtlicant's repreae�tative l�,�CIC. ��' _ Printed n�mc: of applicant ot app)icant's rrpresencacive � ff•z7•ot Da:e of request � 1" •rr u�v. r. c�2 oa �3s OFFICE OF 1.ICE1<SE, NSPECTIO\S AND ENVIRO\��JE\'TAL PROTECTION Roger Cu�GS, Uirec�or - SAINT PAOL � AAAA CITY OP 5AINT PAUL Narm Cotentan, Mayor I�TOVember 16, 2001 s� � �� 'i"�� LOWRYPROFESS10.4ALBUILDIVG Telephone 651-266-9090 35DSt. PeterSrree{ Suite 3D0 Facsimi7e� 651-266-9124 SainlPav(,Minnesota5�702-7�10 iYeb: n�ioecistpaedmn.usJliep ENFORCEMENT NOTICE Historic Renovations Tncorporated Attn: Rick Tgo 300 Dayton Avenue Suite B4 Saint Paut, MN 55102 Re: Vacant lot at 726 Selby Avenue PIN#022823110188 Legal Description: Holcombe's addition to Saint Paul lots 12 and lot 13 Bldck 6 Dear Mr. Igo: Recently I received your lettei dated November 6, 2001, in response to my letter dated � October 25, 2001, regarding the exterior storage and off-street parking facility at the above referenced location. This property is located in a B-2 general business zoning district. In your letter you claim a build'ang permit issued in 1993 to constnict a fence on this property to be the correct permit indicating this location to be a vacant lot. The building permit I referred to (see enc]osed copy) in my prev]ous letter is dated 1983 indicating the property to be a vacant lot. Additionally, as stated in my previous letter, aerial photographs show the existence of a 14 unit apartment building on this property until 1976 and, therefore, no exterior storage wou]d have existed because of its presence. If you believe the decision an my letter dated October 25, 2001, (see enclosed copy) is made in error and wish to pursue this matter further, you have until Monday, November 26, 2001, to appeal it in wiiting with the appropriate fee ta the Board of Zoning Appeals. Otherwise, the decision stands and you must comply with all orders of this letter. — Sincerely, �� y�� Jeffrey Fischbach Zoning Inspector � enc. `\ ��fr��V� C �Vx�.��#tm�.V �l��.Y November 6, 2001 Mr. Jeffery Fischbach Offce of L 1 E P L.owery Professiona! $uilding 350 St. Peter Street, Suite 300 Saint Paal, MN 55 1 02-1 5 1 0 Dear Mr. Fischbach, I received your letter o� November 1, 2001. I believe you do noi have all of the facYs cottect To propedy make your decision. Here are the ones that need to be conected: 1. True, there was a buiiding on the site ti11 the mid 70's, but prior to its removal, part of the interior, and exterior spaces were used for storage. After the building was tom down, the exterior continued to be used for stora�e/paritinb space, which it stili is today. 2. The building permit you referred to was in 1993, not 1983. When I stated that the land was vacant, that meant that there was no building on the site. The purpose of the fence was to enclose the storage area, and to stop vandalism. 3. I did not re-zone the property in 1991. The fact is, [ started the process but withdrew my application. Several yean later the Selby CDC re-zoned severat lou along Selby inctudin� fhis one. 4. The parkin� area across the front of this azea was there prior to our ownership. When we repaved the azea with a loan from the city of Saint Paul, I remember meetina with a city zonin� person at the site. Upon his recommendation, we removed the pavement along the sidewalk and planted trees. He also saggested we remove the pavement along the front of the buildin� and the corners of the lot so that we could plant shrubs. He also requested that we eliminate one of the entrances on Selby. He stated since this was an existing parking lot, we did not need a site plan. These corrected facts should be sufficient proof of the continued used of this property, which is needed for our use of the property. Please let me know if you need any more proof or documents before you make your decision. T will be happy to supply you with whatever you need. Si ce elv � Ri�lg� ��"�{�-�� 300 Dayton Avenue • Suite B4 • St. Paul • MN 55102 •�� n� -a � s� — �s o�_ _ .�3 � � � \� oa-� 35 � s- = , � ,�; ;. � _;� �� i �� - x�Ir�As 7��Rr_ �T�cY -- - --:�------: — - -- BUILDING cr�c�.X/ �{� J/�� W P• A. rROJECT 16SlIdS6] WPtC08 �� A / ��' � 7� TYPEOF � / OR(G(N�Ct TTPE OF DATE PERMIT �s5vec BUILDING ' NO. �---�— � —�� TRUCTURe WARO � OT__6tOCK °' +DDITiOW �-�//'J>�� UCTION PERM[TSGow CENSUS CENSUSTRAM TRACT BIOCK � DATE T OF YTPE OF �1 IT �wsT �rv.� CONTRAGTOR �ESTIMATED I TRVG � coH- � -/ ' / ` =R sc[criav � COST NRE STRULiION L' �" I PLASTER- I � I I ING �� ELECTRICAL HEATING SYE4MFITTING WARMAIR PIUMBIiJG — � ELEVATOR 4GE BUILDING AS OF TOTqL i oF � �. J � � �b , €a '�'-a z�� r �� J !� R E C O R D O F S U B P E R M I TYPE OF PEftMIT DATE 1wsi EST)AfATEO PERMIT NL�M3c ,__ � 'I OWVcR I CONTRACTOR � ""ft ISSUEO SpeCi�pu COST �a r n �p�� '�-- �i��-- 9 � � �� "'_ — �� s � — ��_ a. _ r _ � corvE I PURPC OF TYPE O' .ORK No. I COp� � c J, E' n, � �� '� oa-735 � CITY OP SAINT PAUL Norm Coleuran, Ala}ror O; RCF 0[ LICF�SF,.I�SYGCTIOVS A�D E�vIROXbiE�TnL PkUIfCl10\ Roger C+vtis, Director LOIi"Y,Y'PROFF.SSIO,\ALBUILUJ�\"G Telephone: 651-1GG9�Y0 3.i0St Pc�erS�rte[, S}rite 300 Facsimr7e: 65]-2GG-912� SninlPaul,itliunesota?�707-1�10 )Veb. u"r.�e.cislpavin.cn.7 ENFORCEMENT NOTICE . � � Jtily 24, 2001 Historic Renovations Incorporated Aitn: Rick Igo 300 Bayton Avenue Suite B4 Saint Paul, MN 5�102 Re: Vacant lot at 726 Selby Avenue PIN#0228231]0188 Dear Mr. Igo: As you are aware, tive have received a compiaint regarding the exterioi storage of semitrailers and other vehicles on the above referenced vacant lot. This property is ]ocated in a B-2 general busSness zoning district. As I informed you in our conversation and my previous letter dated 3/26/O1, all business, _ stora�e, servicin� or processing shall be conducted within completely enclosed buildings as per section 60.543 (2) of the legislative code. Exterior storage can include but is not limited fo: unlicensed or inoperable vehicles, tntcks, automobile trailers, semitrailers and other vehicles not used for more than 5 days. Exterior storage is first pern�itted 'an an I-1 industrial zoning district. During an inspection of this property there were semitrailers parked in a fenced in area on the property which you indicated are used for the storage of equipment and suppi'ies for your business. Further, you indicated staring semitrailers and other equipment outslde on this property for the past 13 years and that the previous owner also used this area for exterior storage since at least the early 1970's. You requested I investigate the possibility of a le�al nonconforming use permit for the exterior storage of equipment and supplies on this property. A legal nonconforming use permit, which only requires a continuous existence for a period of at least 10 years pricr to the application, only trpplies to the use ofstruch�res, raot Iand, as per sectior 62.102(i)(1)(a) of the zoning code. Ail e�terior storage must be remo��ed fro�n this �ropertg� by August 24, 2001. �� Historic Renovations Incorporated Attn: Rick Jgo July 24, 2001 Page 2 AdditionaIly, off-street parking for nonresidential uses may be on a different lot provided it is within the same or a less restrictive zoning district as the principle use and within 300 feet of the building it is intended to serve. However, site plan npproval is re�uired for the establislznaent of any off-str pur king f ClCIIlIj � as per sectioru 67.10-/ (3) and (1) of the zoning code respectively. Fur[her, off-street pazking £acilities siiall he paved with aspha]t of other durable dustless surfacing material as per section 62.104 (15) of the zoning code. There is no record of a site plan having been approved for an off-street parkin� facility in the fenced in area on this vacant lot. You must either stop parking in this area of the vacant lof or submit a site ptan to this department for an off street parking facility by August 24, 2001. Ho�vever, even with approval for an off-street parking facility, exterior stora�e would still not be permitted on this property. � I have enclosed a copy of all referenced letters and sections of the legislative cod�. Also, I have enclosed an application and instructions for site plan approval for an off-street � parkin� facility. If you believe this decision is made in error, }�ou may appeai this decision in writing to the Board of Zoning Appeals within 30 da}�s of the date of this letter. Othenvise, the decision stands and you must comply n�ith all orders of this letter. '' You should be advised that as property owner failure to take appropriate action in this matter wiIl result in further enforcemenraction by this department. Ifyou have any questions or concerns regarding this matter you may contact me at 266-9085. Sincerely, �� Jeffrey Fischbach Zoning Tnspector enc. � 1� �, CITY OF SAII�T PAUL A`orm Colerr+ar; b1¢y'or OF�10E OF LICF:I�SE. NSPF:CTIO�S P\D L'\VIROVyIc2:T:+.1. PROTEC(10� Xoger G�rns, Dvecmr LOItR}'PROFESSID,VALBGJLUI.�"G Telepkone: b51-266-9�iy9 3505t.Pele�'Street,S�utz300 Facsixtile: 651-266-91'd SamtPaul, Mmneso/a>j707-I.i10 lYeb: �vtiv�r.cistpaerl nan r�s!Gep � F ,�',-"-� :+� �� x�_. v� r_ . i �; �� `�1 J ENFORC�MEl�T l�'OTICE October 2�, 2001 Historic Renovations Incorporated Attn: Rick Igo 300 Dayton Avenue Suite B4 Saint Paul, MN 55102 Re: Vacant lot at 726 Selby Avenue PTN#022823110188 Legal Description: Holcombe's addition to Saint Paul lots 12 and lot 13 Block 6 Dear Mr. Igo: Recently I received your application for legal nonconforming status for exterior storage � and an off-street parking facility at the above referenced location. This property is located in a B-2 general business zoning district. � You claim in the application that this property has been used for exterior storage since 1939 and that you have used it for parkin� and exterior stora�e continuously since 1988. You submitted affidavits from a previous owner and former nearby resident as substantiating evidence. At one time this property had a 14 unit apartment building on this property; aerial photographs indicate the existence of the building. No exterior storage would have existed at this time because of the presence of the building. In 1976 the building was destroyed and the parcel of land became a vacant lot. In 1983 a building permit, indicating the property to be a vacant lot, was issued to construct a fence at this location. In 1991 you rezoned the property from an RM-2 residential district to a B-2 business district to expand the adjacent building and add a parking lot. There is no record of a site plan having been submitted to convert the vacant lot to an off-street parkin� facility and at that time all off-street parkin� lots were required to have a permanent surface (i.e., asphalt) and not class 5 gravel which is what is cunently on the storage lot. As I informed you in a previous letter dated 7I24101, site plccn approral is reqtrired for the estublishment of any off-street parking faciliry. Also, exteriar stora�e �vould not have been permitted in this zonin� district at that time. _ Therefore, your application for legal nonconforming status for an off-street parkin� facility and exterior storage is being denied. You nmst remo�'e all exterior storage �1 �--: s.: r- y-�s �. Rick Igo � �' � � `� October 25, 2001 _ � Page 2 from this property and either stop parking in this area of the vacant lot or submit a site plau to this department for an off-sfreet parking faciIity by November 30, 2001. However, even with approval for an off-street parking facility, exterior storage would still not be permitted on this property. I have enclosed a copy of a11 referenced letters and an application with instructions for site plan approval for an off-street parking facility. Additionally, I have enclosed a copy of the demolition building permit and aerial pl�oTo of Yhe property. If you believe this decision is made in error, you may appeal in writing to the Board of Zoning Appeats within 30 days of the date of this letter (an application from is enciosed). Otherwise, the decision stands and you must comply with all orders of this Ietter. You should be advised that as property owner faiIure to take appropriate action in this matter will resuit in further enforcement action by this departrnent If you have any questions or concerns regarding this matter you maq contact me at 266-9085. Sincerely, � � �� 7effrey Fischbach Zoning Inspector enc. L� � 1� oa-�35 �t��QZtt �.Ek�Ltit�C�tD�YY� �I�C� � Au�ust 24, 2001 Mr. Jeffrey Fischbach Office of License, Inspections and Environmental Protection Lowry Professional Building 350 St. Peter Street, Suite 300 Saint Paul, MN 55102-1510 Dear Mr. Fischbach, �a= i- S� I'm in recite of your letter dated July 24, 2001, which I did not receive until August 3, 2001, because of being out of town. Contrary to your letter, I did not reguest for you to investigate a nonconforming use permit. As your letter stated, I explained that this properry is of "grand fathered" �se and that I would supply you with the proof. Rather than wanting the proof, you just warned me to vacate the property. � When I stopped at the zoning office this week to pick up an appeal fornt, I found out T didn't need to waste $380.00 of my money and time to appeal this. I was told all I had to do is prove that this land has been used for storage, as I expiained to you on the phone. Enclosed are two signed and notarized letters. One is from a previous neighbor who used this space for storage in 70's and 80's. The second is fxom the owner, who I thought had pasted away, but discovered otherwise. His company owned that land since 1939 and states they used it for storage as well. Also enclosed is the Application for Legal Nonconferming Status with my signed attd notarized statement that I have used the property as a storage area for more than l3 years. This should be sufficient to satisfy the code. If fuRher proof is needed, piease contact me . Re ect lly, Rick Igo � �.sV-�8R-3636 ' � 300 Davton Avsnue • Suite �4 ��. Pau! ��RE 5�1 �P� --�o� �"—'.�– Applicatior� for Legal Nonconformin Status —��,-�--;: � Saint Paul Leeislative Code. 62 10?a: For pu�oses of this section, a use will bz pre;umed Ie�allynor,confotming if it can be demonstrated by clear and convincin� evidence that prior to the effec[ive date of this Ordinance 12-li-76 the use lvas establ��, converted, or enlar�ed pursuant to bui(din� permits issued by the City of SL Paul; or if it can be demonstratzd by clear and convincin� evidence [hat the particular use had bzen in existence continuouslv for hventy years prior to the effzctive date of this Ordinance. The burdzn of proof shall be on th: applican[ for a percnit or czrtificate of occupancy a� thz case may be. Fill Out Completely ADDRESS � Z� ��t--I�Y �j� PnESENT LiSE OF PROPERZ Y � l�Q-�C�� V2�C .l1tiC� i•,RJi�fBER OF iJ\[TS U NAME OF 04Wi ER �I�iZ3�' 1 �tZ li �'}�� }��}ll\S —(.N C� PHONE NU�fBER_ �("L(�jjq -�' � ivlAiL�'�iIGADDRES� �t7 �{�"�tti�t �k1� S::tzet3 `t Sl ��t-- 6Mr.cSS'tOz, Fill Out A or B r A. I affum that the present use of this property as statzd above cvas established pursuant to buiid4.g pzrmi[s issued by the Ciry o; St. Paul. Thz following evidence is presen:zd [o support tnis claun: SIG1.aTURE OF O�V\ER � B. I affu thac the present use of this propzrry a; stated above has bzzn in existznce prio� to and conrinuously since .�.-� � ` Tf�is datz to be dztzrmined by the Zoning Staff l � 7 SIGrATURE OF O�V\E The fo,lotiring ev;de�ce is przsen.zd io sappoR t2is claim (anv scatement from a orevious or currerc t°nant neiohbor or other mu b° notorized and must e��ress brief[v how thev z-� fami[iar wi[h the orooertv): � i In.a _ �- . _. __,� `J..� . . -- C _ �.. � .. _ � _ .. � � FILL OUT APPLICATION A?VD RETUR\ ��`ITH YOUR 1VOTARIZED STATEMEtiT TO: Zoning Administration FAX: (6�I) 266-9099 3�0 St. Peter Street, Suite 300 Phone: (6S1) 266-9003 St PauI,1�IN 5�102 ��' .�� {� 1\otary Public � 4/9S � oa-735 � Jim Crowley 2615 Granite Ave. N. Oakdale, MN 55128 August 23, 2001 Rick Igo 300 Dayton Ave. Saint Paul, MN 55102 Dear Rick, �� ,,_ I'm writing you in response to our phone conversation yesterday pertaining to 726 Selby Ave. T owned and lived in the duplex at 705 Hague Ave from the mid 70's till the latter part of 1989. Prior to your ownership of that property it was used as storage. I even stored sorne of my cars there back in the early 70's and again in the mid 80's. � After driving through the "old" neighborhood today, which I haven't been through for many years. I was very pleased to see how much work you have done to that lot and the building to the west. You have done an enormous amount of improvement to help that area come back to its glory days. Keep up the good work; the city of Saint Paul needs more people like you. Sincerely, / =�--- Jim Crowley 651-779-0593 a yr"�. RICHARD F. IGO NOTARY Pl,6UC- AliNP1ES0Th MY CAMMISSIQN EXPIRES JAN. 31, Z003 ,�.�� . �� 2.v� � �1 ¢s €¢ c°{x • �%a z� �':. � $2 �'� 3.:sa �� r Burt Rudolph 2221 Youngman Ave. St. Paul, Minnesota 55115 651-699-5897 Richard igo 300 Dayton Ave. St. Paul, Minnesota 55102 Re: 726 Setby Ave. Dear Richard, August 23, 2001 Capitol Suppiy Co, owned the Selby property for more than fifty years from i939 to 1994. We had used this property for an off site storage area for our business during that time. We gave your Company the right to use the space for storage and parking back in 1988 when you bought the building next door at 736 Selby. You agreed to keep the area neat, clean and maintained in exchange for the use of the lot. To my knowledge you used the lot continuously during our ownership and still use it today. ! hope this will satisfy the City of Saint Paul, as to their question of use of that property. Respectfully, �%�3� ��- Burt Rudoloh �� g�Z�t�� --� � � vtt��nr�� flv�L��v � ��,,.�, . Oa CITY OF SAINT PAUL � � � � p�P!',RT��.1E�! I � DIVISION OF HOUSING AND BUILDING � �%.� �%7 . i-.r CODE Ef1�ORCEMEIVT /} F " - - J 4G5 CITY H:.LL t �, // ' �� `�. �. � � ST. PAUL. ;fPJ 55102 // ( i r� i y� i `� �(l ��, �� i Permit No. �.f/f PLAN N0. — DESC�I��TIOfJ OF PP.OJF.CT ._ . .� . / / � � . � .. DATE ` � / ONlNE —L,�1�-y""� �-✓'��e. ��' � f, �- �, � O!^!fvERSADDRESS �� l 'J_ / :� %.✓,J ;' / C . ,J�ji"OLD _ � TYPEOF r .— ❑ NEW Tl'Pt CONST. OCCUPANCY � �� GftADING STUCCOOR ❑ BUILD ❑ AND EXC. ❑ PLASTER ❑ DRYtVALL ❑ FE�CE ❑ ADDITION ❑ ALTER ❑ REFAIR i.� P.10VE ❑ bVRECK NUMBER / STREET TS19_ CPOSSSTREETS .._iJ_� r i C _ // �. / : LOT BLOCK � ADDITION OR VJIDTH DePTH SIDE LOT CLEA4AhCE LO7 I I J � WIDTY SI�UC' �—._ 7URE I � ESTIi\:ATED V A W E a� - DETAILS & Rcfy7ARr5' ARCHITECT TeL. NO � VTA.ICTO LENGTH I HEIGHT _ � BUILDING UNE ONT qEAR STORIES BASE�b1ENT I TO7.CL FLOOR AREA ❑ YES ❑ �:O SQ FT INCLUDE BASEM1IENT �/1 �,l% L-ln.�L. 1�%t7n :z�l'� 7 � �/A.�A r � �.t�,� . . . _, _.-, �-_ _.r_ �� /`„� 1' N'�K7 7=' C�."��s:G_. -� �' . /� � �L%c� f � , _ s %ir��X �' �",�tt=��,�rfr�� V ��7 f"� , i--� � - /: u - , . "� ADD.==55 8 ZIa :l MASON�RY �_ l: -- F� �� PER,:?IT FEE � "-� �i'�: FLAN CHECK �) �-.__. I SiATE � SUPCHARGE �� TOTAL F�E �,y a �i� APPLICANT CERTIFIES TH:,T ALL lil� FORMATIOi! tS CORRECT A�C THAT FLL PeRTINENT STATE REGULATIOi:S A`.D CITV ORDINANCcS `::ILL 8F CO`.'� PUcD��i17H IN PERFORi\91N� THE WORK FOR Vl' ICH THIS PER0.41T IS 13SUED � � .— 2ED SiGNATVRE STAT'e VALUA I ION �-' . _� 1; -_ _ _ _ i' _ '_ _' _' ^�`;.� _ ::l T' 1 .: .� �.� ��_:r.L _.._ -.4=.� C:%.:�� ' CI 1_JFi�':i_�� _,.. _ 1 _*' ' '_ �, .,,_.�_ i::{C::; . _ C;SHI'c.� USE ONLI' ' CIiE\ V.=.L'� :TED THIS IS YOVR PcRi.,11T St. COd2 —._. � " "" `" A6DflESS ''1� � G p �� O F JO B / .�t't c-'C'J I .� � � r Burt Rudolph 2221 Youngman Ave. St. Paul, Minnesota 55116 651-699-5897 Richard Igo 300 Daytort Ave. St. Paul, Minnesota 55]02 Re: 726 Selby Ave. Dear Richard, �. � , '. 0 May 6, 2002 To clarify my previous letter, it is true we had a buiiding on that site until 1976. Prior to the removal of that bu�ding we used both part of the interior and the exterior areas for storage. And after it was torn down the lot was used for storage. Rudolph RICHARD T. IGO N07AFtY WB(!C-M1M1AiESOiA MY CAMMISSION EXPIRESJAN.3T,Z005 � � ��la � �(.�. �� "__ ___- _ l_ t " -a OT w � � .__.__�-.-� _ �Y -- i �i .��u <_ �A ��, J - 1 — j co g w `i _ �_" "� _ _--_� Y Y I ,„ N � ! � - L_ }_ � " _ __.. �} � ! Q i N ' - - � � ; m � � "�{ ,`� ��9 � :.iN'a`d.1�9�Y, s`�A..... _ Q � '� Y W — " N � w � _ � __��=� N fi � � � -- > =—J - -- N � � w � � ' cp I � � n — � � � � � � � � r � — � --� = � m � , /!� � N � .� � � N o � , A � � `i ___- __ ^ � ' , � �� . � � � � —N ° I m N ; ioow�Rf� .�� b _I , er. 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Suba Club invem 22299g3 649 Pee[ime ShceShine Perlor 2259951 650 Apertmenvs 1*Andernoa Biehop C 2 Vflcen[ 3 Vacent d Bemie: Bemice R Mn 2713854 651 Hesaie & Se�ie's Soui Food 22S9g33 655 C¢]ebrity Loung¢ favem 2259551 665 Varant 655 Vaceat sas va�� 662 Vacau[ 66u Vecan[ 6]3 VacmG vecenc 69P DerreLL'e AuW S¢rvice euW tepz 226%36 6]e pirty Gertyb tavem 225-49qfl Whoopee Bar tavern 22G9948 h Sf ALHAN3 ST Ih'fERSECT$ 680 King Aoiv Launderetce 2259836 680i4 Varant 682 D J S Chenvcal & Rexerch [nc �an eu� 2245�11 684 ASarrocco Rec 222-%91 6Bi'h Apartrz�enr� I Vecant 685 Vecaet 686 Vacan[ 68'l Vecant 688 Vacant 689 Vecav[ 689'h Vecent 691 Vecant 693 Ve<ent • 695 Vacaat 0//10 ApnrtmenLv 1 Heslu� Helev Mrs 222.6528 2 Vacant 22*Deody John 23 Vacmt 32#Haynee Geo 33 Vecant �'!16 Apet[mevla 1 Vacmt z9.Renkin Mershell 3 Vecent T26 Apertmeota I Yecant �2� Vecavt '!30 Apnrt�neots 9 Vacavt 'I3t Grsy Clara Quintene Shirley R M�a 0 2p61468 933 Vecavt '!38 R& S Service auW repz 224-9292 R& S Seaadard Service 22S997q N GROT['O ST INTERSECTS ]41 liSn Reczuikng S�a 2256333 ]43 Cevter For Developmeatelly Aeabled 22'/-'l601 74'1 Roae C OO 950 Under Covetn ]69 Vecavt ]61 Goosor Christine E 'lF,g Vacav[ Yecant 96] Vacant Vacent '1li Apar'-enevta 1 No Retura 5 Ivo Retum 6 Peclijai� Robt S a0 '!]4 Berg Auto Co rePr 225-0219 9'!t Vacavc ']'!e Bergetrom Witiem O& Son Plwnbing @ Heeting conu 22620$i 7: AVON ST INTERSECLS ]81 Fiut Shop appl repr ]8'] Vecant 'I90 Creus}�aw Lorraive 222-1144 Thuzacon Celleen A �iys 22421i6 *Smith Juvor OO 993f�t"hipteke. 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PROPERTY WITHIN 350 FEET OF PARCEL: 726 SELBY AVENUE LAUREL N PREPARED BY: LI EP � � � � D r � D Z � � � � l� ` � 1. 2. 3. 4. 5. G. 7. fi. 9. 10. 71. 12. J3. 14. 15. 1G. 17. S UNF�Y-BA"ITLECP.EEK-HIGH �VOOD HAZEL PARK HADE�-PROSPERTTY HTLLCREST tiVEST SIDE' _ I�AYrON'S BLUFF PAYTrE-PHAI.Ei� , I�ORTH END THOi�4AS-llALE SUMMIT-UNI�'EP�SITY �VEST SE VENTH COYfO HAMLI\'E-A1IDIVAY ST, ANTHONl' PARI< 1v1HRRIAM PARK-LEXINGTON HAtvfLIiv'E-SNELLING �IF.i�1I_?'�E; MACALESTER GRO�'ELAIhD HIGHLAI��D SLIMMIT HILL DO�'�'i�'TO`'�'Iv ��' � �`�� a -� '�� 1 CITIZE� PARTICIPAT'IO\' PLAn'h�ING DIS"I'RICI'S �-�35 MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL � ST. PAUL, MINNESOTA, MAY 6, 2002 PRESENT: Mmes. Maddox, and Morton; Messrs. Courtney, Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant Ciry Attorney; Mr. Hardwick and Ms. Crippen of the Office of License, Inspection, and Environmental Protection. ABSENT None The meeting was chaired by Joyce Maddox, Chair. Historic Renovations Inc. (#102-107893) 726 Selbv Avenue• Appeal of a decision by the Zoning Administrator denying legal nonconforming status for the use oF this property for storage and parking and ordering the same to be discontinued. Mr. Hardwick showed slides of the site and reviewed the staff repon with a recommendation for denial. No correspondence was received opposing the appeal. No correspondence was received from District 8 concerning this matter. The applicant, RICK IGO - HISTORIC RENOVATIONS INC., 300 Dayton Avenue, Suite B4, was • present. There was no opposition present at the heaiing. Mr. Igo stated that the staff report states in the background and in finding #2 that the properry is zoned RM-2, but it is B-2. He stated that the property was previously zoned RM-2 but was converted by the Selby CDC in 1975 to a B-2. Mr. Igo stated that he has been using the property for storage since 1988 with the permission of Mr. Burg Rudolgh, the previous owner. He stated it was used for storage when he bought the nex[ door property 736-738 Selby Avenue. Mr. Igo presented a letter from Mr. Burg Rudolph, stating that part of the building had been rented as apartments and he used the balance to store plumbing supplies and equipment, and his trucks were parked on the property. He stated that he purchased the properry in 1994 from Mr. Guyer who had purchased the building from Mr. Rudolph. Mr. Igo stated that in 1992 he put up the fence around the properry, asphalted [he parking lot, landscaped the area, stuccoed the building next door and added canopys. He stated that die project was all financed by the Ciry of St. Paul at 5% interest to fix up the building. Mr. Tgo stated that neither Mr. Crowley nor Mr. Rudolph had been called by City staff to verify their claims. He stated that sraff had claimed that Mr. Crowley's name was not on any phone listing at the address stated during the 80s. Mr. James Crowley, 2615 Grani[e, Oakdale, stated that he lived across ihe alley on Hague Avenue from the mid 70s to late 89. He stated that Mr. Rudolph allowed him to use the lot to park vehicles on, for a nominal fee. Mr. Crowley stated [hat he continued to use the lot in the 70s and 80s for numerous vehicles. Ivlr. Igo stated that the storage is essential to his commercial tenants at the building next door. He stated without the storage he will 3ose his longtime tenants. Mr. Igo submitted pictures of the properry showing what it looked like over the years. � Mr. Courtney questioned why the aerial pictures of the property showed the property vacant. Mr. Igo stated that the pictures are bad and you cannot tell if saameti'�ing is stored on the properry or in the ��5 File #02-107893 Minutes May 6, 2002 Page Two building. He stated that storage is intermittent it comes and goes. Mr. Igo stated that even during his time of owning the property the storage has gone down to one truck. He stated that it is his intent to build a bailding on the sste for storage. Ms. Maddox requested that Mr. Hardwick walk the board through the pictures of the property. Mr. Hardwick pulled the original aerial photos from the file and passed them to the Board. Mr. Igo requested atso to see the pictures. He stated that he kept the property up and had improved it and the Ciry had helped fmance the project. He stated that he could not undersiand how the Ciry could now disallow his use of the property for storage. Mr. Hardwick stated that the aerial ��iew from 1974 clearly shows the apartment building on the lot and the small area behind the lot used for tenant parking. He stated that the photo from 1977 shows the apartment building gone and the lot vacant with no semi-trailers or construction equipment on [he site. � Ms. Maddox questioned the zoning of the property as argued by Mr. Igo. Mr. Hardwick stated the property is zoned RM-2. He stated that the City computers had listed the properry as B-2, but the computers were incorrect Mr. Hardwick stated that the Official Zoning for the City is determined by the zoning maps which are on file wath the Planning Department with copies in various departments. He stated that the maps clearly show that property is zoned RM-2 not B-2, Mr. Hardwick stated the only properry zoned B-2 is 736-738 Selby Avenue. Mr. Igo stated that was chanQed in the mid 90s and that he had applied to change the properry to a B-2 but he had withdrawn the application in `91. He • stated that the Selby Area Community Development Council had rezoned properties from Lexington to Dale to B-2. Mr. Tgo stated that the properry is commercial not residential and that he has letters from the Ciry stating that the property is zoned B-2. Mr. Hardwick stated that letter was in error and the person who sent the letter had based that determination on the computer records and not on the official zoning maps. Mr. Courtney questioned whether they were discussing a grandfathered-in situation, where if the property was used for this use for a number of years before the ordinance than the use would be allowed to continue. Mr. Hardwick stated that there are two ways in which a property or use may be granted legal nonconforraing status. He stated that if the use was established pursuant to building permits issued by the Ciry prior to October of 1976, it would be considered a]ega] nonconforming use. Mr. Hardwick further stated that the second way that nonconforming status may be approved is by proving that the use has been in existence continuously since October of 1956. The burden of prove is on the properry owner to present clear and convincing evidence. Mr. Courtney questioned whether it was necessary to obtain a permit if the property was to be used for parking. Mr. Hardwick stated that establishing an off-street parking facility or a storage area would be a change of use from the apartment building that was there until 1976. He stated that both of those uses would require a site plan review by the Ciry and a permit. Mr. Hardwick stated that the current use was never established pursuant to a permit before 1975 since the building was stitl there in 1976. The same reasoning would hold true for the provision allowing nonconforming status if the use had been con4nuous since 1956. He stated the present use does not meet the criteria for the Zoning Administrator to grant non-conforming status. Mr. Igo stated that according to Wendy Lane of the Zoning Departmenf, the stora;e on the site prior to the zoning change in 1976 was legal. He stated that whether it was inside or outside an apartment it � was legal. Mr. Igo questioned what rype of permit was required to be able to use an empty piece of �� Da=7�35 File /f02-107893 Minutes May 6, 2002 • Page Three properry store to something on, none. He stated that if there was no permit required than a permit would have no bearing on this. Mr. Igo stated that a site plan review is required to pave a lo� that is not an exisung lot. He stated that if an overlay of an existing lot is done no permit is required. Mr. Igo stated he had met with staff at the property and implemented their suggestions for improving the property. He stated that the City has been out to the property numerous times during the implementation of the improvements and had been happy with the results. Mr. Igo stated he did not understand how the Ciry could now say his use was illegal, because he has had the same business on the property for 14 years. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Mr. Courtney had a question for Mr. Warner but first wanted to state his understanding of the situation. Mr. Courtney stated that an apartment building was on the lot and was authorized to,be there. Mr. Courtney then asked that if they did not apply for a permit to establish a different use of the properry then they do not have a different use. Mr. Warner advised what staff is saying is that there are two ways to establish a non-conforming use: the applicant can come in and show that ihe use was there for 20 years prior to 1975, or if prior 1975 building permits were issued by the City for a change of usage. Mr. Warner stated that is what staff is saying when they say the applicant has not proved to • their satisfaciion that the use was established by either of the two tests. Mr. Wamer advised that the test is the principle use of the property and that is why staff has provided aerial photos to show that [he principle use of the properry was residential with the apartment building on the site until 1976, and any storage, whether outside or inside, was an accessory use. Also, the photos show that after 1976 it was a vacant lot. Mr. Duckstad questioned Mr. Warner on whether the non-conforming use must be continuous for 20 years or a number of years prior to 1975. Mr. Warner advised that the Code reads 20 years prior to the change. Mr. Duckstad questioned whether it was Mr. Warner's opinion that there is no dispute as represented by Mr. Hardwick that no building permit has been sought and secondly that no site plan has ever been submitted. Mr. Warner stated that in the packet there are two letters each between Mr. Igo and the Zoning Inspector that he had based his opinion upon. Mr. Duckstad questioned whether the applicant had applied for a building permit or submitted a site plan. Ms. Maddox re-opened the public hearing to allow Mr. Igo to respond. Mr. Igo staYed he had submitted a site plan for the enclosure of the properry. He stated that as for site plan review, he had called the City and been told that site plan review was not required because he was repaving an existing parking lot. Ms. Maddox closed the public hearing. Mr. Courtney questioned whether the applicant had to prove that the property was used for storage pursuant to building permits or whether they just had to establish that the principle use was storage and parking. Mr. Wamer stated that the Code plainly states [hat there would have to be a b:�ilding permit for that particuiar use. Mr. CourYney questioned whether thst was an accurate reflection ef the law. Mr. Warner stated that is how tl�e Code is writte:a. 5taff has �resented their findings and it is up ta th� Board to interpret whether they have 3one tY�,at carrecfly. � �� File #02-107893 Minutes May 6, 2002 Page Four Ms. Morton moved to denied the appeal based on findings 1 through 4. Mr. Paricy seconded the motion, which passed on a roll call vote of 6-1 (Courtney). Submitted by: John Hardwick Approved by: Jon Duckstad, Secretary r � • � �� Page 1 of 1 Gerry Mcinerney From: Gerry Mclnemey Council Member Blakey wants to give Igo 6 months to get all of the approvals for the building he says he is going to construct on 726 Selby. Blakey was unsure exactly how to achieve this and the matter was layed over for a week. Here is how I suggest that the matter be handled. The council should deny Igo's appeal and order the outdoor storage to be removed from the property within 6 months of the hearing date or obtain the necessary buifding permits and approvals for construction of a new building on the property. Said construction must commence within one year of the hearing date. Further resolve; that Igo will post a performance bond in the amount of $2,000.00 and if the outdoor storage is not removed within 6 months or the ecessary permits and approvals are not obtained from the City for construction of a building on the site, said bond will be forfeit and the money used to abate the outdoor storage. the bond is Blakey's idea) � Y�Sf 7� ��a�