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02-736Council File # p'� � �'3� Presented By Referred To I `° RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # app«� �� Committee: Date WHEREAS, Juan Villaneuva in Zoning File 02-099-439, applied for a Special Condirion Use Pernut to operate an auto repair business at property located at 801 East Seventh Street and legaliy described as contained in the said zoning file; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on March 14, 2002, upon giving proper notice and in which all persons appearing were given an opportunity to be heard and, at the close of the hearing, voted to recommend denial of the Special Condition Use Permit; and 10 W�IEREAS, on March 22, 2002, the Saint Paul Planning Commission based upon a11 the 11 records and files before it and the recommendauon of the Zoning Committee, moved to deny the 12 Special Condition Use Permit based upon the following findings of fact as set forth in Planning 13 Commision Resolution No. Q2-22: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 38 39 2. The applicant has applied for a Special Condition Use Permit for auto repair. According to a site plan prepared for the previous permit, the appiicant occupies approximately 6,500 sq. ft. of the buiiding. Other occupants of the building include NAPA Auto Parts (10,400 sq. ft.) and a furniture store (4,000 sq. ft.). The conditions that must be met from § 60.564(18)R: a. The minimuxn lot area shall be 15,000 sq. ft. The lot area of the site is 30,699 sq. ft. meeting this condition. b. A 10 ft. landscape buffer with screen planting and an obscuring fence shall be required along any properly line adjoining an e�sting residence or adjoining land zoned residential. The site adjoins a church and school in the RT-1 district. There is neither a landscaped buffer nor an obscuring fence along this properry line. This condition is not met and must be modified. c. All repair work shall be done within an enclosed building. The applicant has five hoists in the building and ample space to repair autos there. He states that he will comply with this condition on an ongoing basis. d. There should be no outside storage. At this time, there are two pickup riucks filled with old tires on the side of the lot. There are additional tires stored on the ground nearby. Applicant states that he will remove these tires and agrees to the condition prohibiting outside storage. Upon removal of these tires, this condition wiil be met. ,i oa,.-13� 2 3. Section 64300(d) lists five general standards for all Special Condirion Uses: 4 a. The extent, location, and intensity of the use wili be in substantial compliance 5 with the Saint Paul Comprehensive Plan and any applicable subazea plans which 6 were approved by the City Council. The land use plan shows this area as 7 commercial and this condition is met. 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 � b. The use will provide adequate ingress and egress to minimi�e traffic congestion to the public streets. There is one point of access to the site, which is adequate for the uses. This condition is met. c. The use will not be detrimental to the e�sting character of the development in the immediate neighborhood or endanger the public health, safety and general welfare, This condition is not met. The use wili be detrimental to the church and school next door on Mazgaret Street. d. The use wiil not impede the normal and orderly development and improvement of the surrounding properry far uses permitted in the district. This condition is met. The use is only one of the uses on the site and will not impede normal and orderly improvement of the existing development in the area. e. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is met. There is ample pazking on the lot to accommodate all three uses. Section 64300(fl lists the findings the Planning Commission must make to modify a condition: a. Strict application of such special condition would unreasonably limit or prevent otherwise lawfiil use of a piece of properry or an existing shucture and would result in exceptional undue hardship to the owner. Strict application of the buffer condition would unreasonably limit the use of this portion of the existing structure. The applicant is a tenant within an exisring multi-tenant building. Installing the buffer would remove parking for the uses on the site, and would need approval of the property owner. b. Such condition will not impair the intent and purpose of such speciai condition. The intent of the condition is to shelter residential uses from potential negative impacts of the auto repair business. In this instance, the neighboring residential use is a church and a school, which is adversely affected by activities associated with this use. c. Such modificafion is consistent with health, morales and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. The tire store nea�t to the school and other operational problems are not consistent with reasonable enjoyment of adjacent properiy. 49 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, Juan 50 Villaneuva duly filed with the City Clerk an appeal from the determination made by the Planning 51 Commission and requested a hearing before the City Council for the purpose of considering the 52 actions taken by the said Council; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, acting pursuant to Saint Paul Legislative Code § 64.206 through § 64.208 and upon notice to affected parties, a public hearing was duly conducted by the City Council on May 1, 20Q2, where all interested parties were given an opportunity to be heazd; and V�"' / O�V W�TEREAS, the Councii, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Plamiing Commission does hereby; RESOLVE, that the Council of the City of Saint Paul does hereby afFnn the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. The Council finds no enor in the facts, findings or procedures of the Plamung Commission in this matter and, accordingly, adopts as its own the fmdings of the Planning Commission as contained in Plaiu�ing Commission No. 02-22 in this matter. AND BE IT FURTHER RESOLVED, that the appeal o£Juan Villaneuva be and is hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to 7uan Villaneuva, the Zoning Administrator and the Planning Commission. ; �t��i��°�� Requested by Department of: By: Form Approved by City Attorney H �� _ � -l6-a`Z Approved by Mayor for Submission to Council Adopted by Council: Date � 00 7--� Adoption Certified by Council Secretary 63.-'1 � �o CITY COUNCIL NtrACT PERSON & PHOIJE i �x�:[�•7I::NIRH7:I�?,\-Yii•��ol DAiE1NIT1ATm ig. 5, 2002 GREEN SHEET No 200694 TOTAL � OF SIGNATURE PAGES xO/l1sErt FOrt ROUTN!!: OROFR oet�rt�rr ortECrae �rt arvcaixca ❑ arvwnowtv ❑ arranu ❑ ANMCMLiFAV1CFSOR ❑ A1fMOFLf ❑ YA�'aR/ORAffifTAM17 ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing City Council action denying the appeal of Juan Villaneuva, dba Villa's Auto Mechanics, to a decision of the Planning Co�ission denying a special condition use permi[ for an auto repair business at 801 East 7th Street. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION 0 OF TRANSACTION SOURCE (E(PLA{N) Has Nis persoNfi�m ever xoiked untler a conVact tor fhis depaM1ment? YES, NO Has this Pa�ecrvTrm ever been a city emPloYceT YES NO Does this persoNfirtn passess a sltill rwt no�mallypossessetl by any curteM city empbyee? YES NO Is this person/firtn a targetetl vendoR VES NO COST/REVENUE BUDGETED (GRCLE ON� ACTNITV NUMBER VES NO / CITY OF SAINT PAUL Rarsdy C. Keily, Mayor l�llgRSt l, 2�02 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 OFFICE OF `PI3E CITY AT"PORNEX L ManuelJ. Cervnntes, CiryAttorney �a..�1� p ct,�r Dtvrsron 400 Ciry Hal1 Telepkorte: 651 266-8710 ISWestKelloggBlvd. Fncsimile:651298-5619 Saint Pau[, Minnesofa Si102 Hand Delivered Re: Appeal of Juan Villaneuva d/b/a Villa's Auto Mechanics. City Council Hearing Date: May 1, 2002. Dear Nancy: Attached please find the signed original Resolution memorializing the City CounciPs decision in the above-entitled matter to deny the appeal of Juan Villaneuva. Please place this matter on the City Council's Consent Agenda at your eazliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, �� Peter W. Warner Assistant City Attomey PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT To>ry Sche>tier, Inaerim Director CTTY OF SAINT PAUL Randy C. Kelly, Mayor F�j)III 15, Z�� Ms. Nancy Anderson City Council Research Office Room 310 City hall Saint Paul, MN 55102 Dear Ms. Anderson: 25 West Fourth Street Saint Pau(, MN S]102 � �� 1 �� (� �- � L� o�-'�� `�G Z'elephone: 6�1-266-6626 Facsimile: 6� 7-228-3341 �� F�'^ �a°'x��> � � ".. � I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, May 1, 2002, for the following appeal of a Planning Commission decision denying a special condition use permit. Appellant: I�le Number: Purpose: Address: Legal Description of Property: Previous Action: JUAN VILLANEUVA, DBA VILLA'S AUTO MECHANIC #02-110-293 Appeal a Planning Commission decision denying a Special Condition Use Permit for an auto repair business 801 E. 7th Street (north side between Margaret and Arcade) PIN: 32-29-22-ll-0029; I,egal Description: vacated Beech St. accruing and following: Lots 1& 2, Block 2 of Officers Rearrangement and in said Schurmeiers Seventh Street Addition, Lots through 4, Block 2 Planning Commission deny; vote unanunous, March 22, 2002 Zoning Committee deny; vote 6-0, Mazch 14, 2002 I have confirmed this date with Councilmember I.antry's office. My understanding is that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. S' rely, �� : atricia James City Planner cc: File #02-110-293 Paul Dubruiel Carol Martineau Wendy Lane, LIEP Councilmember Lanuy AA-ADA-EEO Employer • ��srnurv. NOTICE OF PUBLIC HEARING The Sa'vit Paul City Council wtll con- duct a public heaiing' on Wednesday, May 1, 2002, at 5:30 p.m. in tkle C�ty Council Chambers, Third Flaor City Aall- Coiuthouse, 15 West Kellogg Boulevazd, Saint PaUI, MN, to consider the appeal of Juan Vlllaneuva; dba Villa's Auto Mechaziic, to a decision of the Saint Paul Plamrin� Commission denying a special conditlon Use pexmit for an auto repair business at SOl East 7th Street (north side between Margazet and Arcade Streets). Dated: April 17, 2002 � NANCYAPFDERSON _ Assistant City Connci} Secretary. .. . (APrt122)" . . - , ==s 51: PADL IEGAL LEDGER =�__ 02056661 . , � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Torry Schertler, 7nterim Director CTTY OF SAINT PAUL Raxdy C. Kelly, Mayor �� DATE: Apri122, 2002 C� • 25 A'est Fmvth Sd'eei Saint P¢u1, MN SSIO2 TO: City Council President Daniel Bostrom Members of the Ciry Council FROM: Patricia James � � a oa-73� Telephane: 65I-266-6626 Facsimile: 651-228-3341 RE: Zoning File # 02-110-293 - Appeal of a Planning Commission decision denying an application for a Special Condition Use Permit for an auto repair business (Zoning File # 02-099-439) at 801 East Seventh St. Mr. Juan Villanueva is appealing the Plamiiug Commission decision denying kus application for a Special Condition Use Permit for his auto repair busaness. On March 14, 2002, the Zoning Committee of the Planning Commission heid a public hearing on the appiication. A staff report recommending modification of one of the conditions (that a 10 ft. landscaped buffer with screen planting and an obscuring fence be provided along a properry line adjoining land zoned residential) and adding an additional condiuon was presented. At the close of the public hearing, based on the oral and written testimony received, the Zoning Committee determined that the application did not meet several of the conditions required to approve the pemut and voted to deny the application. On March 22, 2002, the full Planning Commission considered the Zoning Committee's recommendation and upheld it on a unanimous voice vote. The appellant is alleging the following enors in making his appeal. l. Mr. Villanueva states that this locaUon has been a mechanic shop for over 20 years. Staff response. According to zoning records, the last approved use for this portion of the building at 801 E. 7th St. was a Special Condition Use Permit to allow a used auto sales, leasing, rental and repair business. This permit, with 3 addirional conditions was approved in 1998. It appeazs that this business never opened, and this permit expired one year later. The Office of License, Inspections, and Environmental Protection (LIEP), noting that this secuon of the build'ang was being used for auto repair, has attempted to enforce ffie code by requiring the business owners, including Mr. Villanueva, to obtain a valid Speciai Condition Use Permit. Since Mr. Villanueva's use is different from the last approved use for that portion of the building (i.e., auto repair as the principal use rather than auto repair as an accessory use to auto sales, rental and leasing) and the Zoniug Code requirements for the two uses are not the same, a new Special Candition Use Pemut is required. Previous auto repair businesses conducted without the appropriate Zoning File # 02-099-439 April 22, 2002 page 2 zoning permits do not alleviate the need for a valid permit from the Ciry. Zoning staff did not ert in requiring the permit. • 2. Complainis at the public hearing involved cars and tires stored ne� to tfie adjacent church school building and cars being worked on in the parking lot. Mr. Villaaueva states that he has cleaned up the parking lot and is willing to keep cazs away from those school windows that are needed for an emergency exit. He further states that his business does not repair cars on the lot. He contends that this work is done by others who are customers of the Napa Auto Parts store located at the same address. Staff response. Testimony at the public hearing indicated tUat tires were stored on the pazking lot next to the church and spilled over onto church properiy. Zoning stafF noted these tires and specifically required that they be removed as a condiuon of the permit. Based on the public testimony, the Zoning Committee determined that the requirement for a 10 ft_ landscaped buffer between the auto repair business and the neighborittg residential use (church and school) could not be modified because the finclings for a modification were not met. They further found that tlus use is not compauble with the church and school uses to the west. Therefore they recommended denial of the applicatioa, and the Plauniug Commission concurred. While the appellant now states that he will keep the parking lot neat, he has not shown how he will meet the condition for the landscaped • buffer. There is no evidence that the Planning Commission made an error in fact or procedure that would support upholding the appeal. • AA-ADA-EEO Employer SAINT �aUi � ��AA APPLiCATiON FOR APPEAL Department of Planning and Economic Development Zoning Section IZ00 City Aall Annex 25 W est Fourth Street Saint Paul, MN SSZD2 266-6589 APPELL.ANT • PROPERTY LOCATION 1 Zip ��Daytime Zoning File Name �d Z — • Address/location �C� � � 7T� �'� on ��'/�- dz?� ,� File number: r (date of decision) TYPE OF APPEAL: Appiication is hereby made for an appeal to the: � Board of Zoning Appeais C�'C�ty Council under the provisions ofi Chapter 64, S�ctiona , Paragraph � of the 2oning Code, to appeai a decision made by the fJ ��h�'l l C_ m�� i-ss' a'"� � GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, dec+sion or refusal made by an administrative official, or an error in fact, psocedure or � finding made by the Board of Zoning Appeals or the Planning Commission. Cs � ��1�� • I Attach addifional sheet if necessary} ApplicanYs 0 �(�4 L �� $' Q � City � ---',� - L��--��=� __ .��--� --��c �� --------- ------- - �d� _ ��- --? `'- �'��- -f- - -------- ------- ---- -- -�--- --- ------- ------ -- -- -- -- -- --- __�__� - -`'`� _ __ _�_''_�"-� _�ie��lE,�IE ��_ __�� -- -- - . _.. -- - � `J�i� _�%� _- --itlrrf..� „ /� _ _ � _ _.f `�--°�L1 `.�C _ _ � � ' r- - — � -- —�'�—'L----�l—f,l°-��-- �i�'L�'�4__�j�,'�--� °r � _ �>� "a+%� __ �?.�P_�.� -u�/��-�r _�iY'_ _ ---%�/> -- , j2iL�?°`� - __TI_� � �S�'9�� C� • DEPART'Mf?NT OF PLANNING & ECONONIIC DEVELOPMENT TonySchertler, Inter"vaDi�eaor CTTY OF SAINT PAUL Rarzdy C. %e{(y, Mayor �rrr March 29, 2002 Juan Villanueva 8605 Ivywood Avenue South Cottage Grove, MN 55076 25 West Fourth Sneet Sa"vu Pau{ .KnlSSIO2 RE: Special Condition Use Permit to operate an auto repair business. Zoning File # 02-099439 Dear Mr. Villanueva: Oa�73� Te(epfwne: 651-266-6700 Facsvniie: 65I -228-3220 The Saint Paul Planning Commission voted on March 22, 2002, to deny your request for a special condition use permit to allow an auto repair business, DBA Villas Auto Mechanic. Enctosed is the-Planning Commission's resolution stating its findings. a You may appeal the decision of the Planning Commission to the City Council by filing an application and fee for appeal within fifteen days of the date of this letter. An appeal should be based on what you believe to be an error in any fact, finding, or procedure of the Planning Commission. Enclosed is an appeal application. Please call me at 266-6639 if you have questions or if I can be ofi further assistance to you. , '�,� ,. , ��, � :_ �•�;� � Patricia James City Planner Enclosures cc: File # 00-099-439 Zoning Administrator License Inspector District Community Council Carof McCollum Mail Date: April-1, 2002 . � city of saint paul planning commission resolution file number o2-zz date March 22, 2002 WHEREAS, JUAN VILLANUEVA, Fi�e #02-099-439, has applied for a Special Condition Use Permit under the provisions of §60,564(18) of the Saint Paui Legislative Code, for an auto repair business on property located at 801 E. 7th St., Parcel (denfification Number (P(N} 32-29- 22-11-0029 legally described as: vacated Beech St. accruing and tallowang,: Lots 7& 2, Biock 2 of Officers Rearrangement and in said Schurmeiers Seventh Street Addition, Lots 1 through 4, Bbck 2; and , WHEREAS, the Zoning Committee of the Planning Commission, on March 14, 2002, held a public hearing at which all persons present were given an opportunity to be heard pursuant to sa(d �pplication in accordance with the requirements o# §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Pfanning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantia!!y reflected in the minutes, made the foilowing fiindings of fact: � The applicant has applied for a special condition use permit for auto repair. According • to a site plan prepared for the previous permit, the applicant occupies appro�cimately 6,50� sq. ft. of the building. Other occupants of the building include Napa Auto Parts (10,400 sq. ft.} and a fumiture store (4,000 sq. ft.). 2. The conditions that must be met from §60.564(1 S) are: a. The minimum fot area shall be 15,000 sq. fr. The lot area of the site is 30,699 sq. ft., meeting this condition. b. A ten-foot landscaped buffer with screen plan6ng and an obscuring fence shall be required along any property line adjoining an exisfing residence or adjoining far,d zcned residsnfial. Tfae site adjains a church and schoa( in the RT-1 district. There is neither a landscaped buffer nor an obscuring fence along this property line. This conditian is not met and must be modified. c. All repair work shall be done within an enclosed building. The appiicant has five hoists in the building and ample space to repair autos there. He states that he wili eompiy with this condition on an ongoing basis. d. There shall be no autside storage. At this time there are two pickup trucks filled with ofd tires on the side of the lot. There are additional tires stored on the moved by Rramer seconded by in favor Unanimous against ❑ oa �3� • Zoning File #02:099-439 _ _ - _ . Planning Commission Resotut+on P age2 . ... - � _�-� :s_ -_,: �. .. --_ _.-----_ . _—_------ :._,;�� .s�`; :H ground nearby. Applicant states that he wifl remove these tires ancl agrees to the condition prohibiting outside storage. Upon removal of these tires; this' - condition will b8 met: " � ' ` 3. §64.300(d) lists five generai standards for ali speciai condition uses: � a. The extent, location, and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea p/ans which were approved by the city counciL The Land Use Pian shows this area as commercial. This condition is met. -- b. The use witl provide ade�tate rrrgress artd egress to minirimize traffic congestion in the public streets. There is one point of access to the site, which is adequate for the uses. This condition is met. c. The use wil! nof be detrimental fo the existing character of the development in the immediafe neighborhood or endanger the public health, safefy and genera! welfare. This condition is not met. The use will be detrimental to.the.church and schoo4 next door on Margaret St. d. The use will�no€impecte the normal and ordedy devefopment and-improvement of ttte sur�ounding property tor uses per�itted in the district This condition is met. The use is onfy one of the uses on the site an�t witt riot impede normal and • order9y improyement� #he existing developm�nt in the area: .. e. . The use shalf, in `all oflier res�ects, eanforrn to the applicabie regulations of the, - district in wl�iebrit-islo�ated. —T�is coridition�ismet;' There is arrip4�e parking on � fhe lot to accommodaEe atI tliree uses: 4. §64.300(f) tists the findings the pfanning commission must make to modify a condition: a. Strict application of such special conditio� would unreasonably limit or prevent otherwise lawful use of a piece of properfy or an exisfing structure and yvould result in exceptional undue hardship fo the owner. Strict appiication of the buffer co�dition wouid unreasonably limit the use of this portion of the existing structure, The applicant is a tenant within an existing multi-tenant buiiding. instaiting the buffer v✓ouid remova parkittg for the uses on the site, and wouid need approval of the property owner. b. Such modification will not impair the intent and purpose of such special condition. The intent of the condition is to sheiter residentiaf uses from potential negative impacts of the auto repair busirtess. In this instance, the neighboring residential use is a church and school, which is adversely affected by the activities associated with this use. c. Such modificatiorr is consistent with health, morals and general weltare of the community and is consistent with reasonable enjoyment of adjacent properry. The tires stored next to the school and other operational problems are not consistent with reasonable enjoyment of ad}'acent property_ NOW, 7HEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the . authority of the City's Legislative Code, that the application of JUAN VILLANUEVA for a Special Condition Use Permit for an auto repair business at 801 East 7th Streei, is hereby denied. MINUTES OF THE ZONING COMMITTEE Thursday,Date of Hearing March i4, 2002 � 3_30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Ketfogg Boufevard PRESENT: EXCUSED: OTHERS: PRESENT: Anfang, Alton, Gordon, Kramer, Mejia, and Morton Faricy and Field Carol Martineau and Pafricia James The meeting was chaired by Commissioner Kramer. Juan Viilanueva - 02-099-439 - Special Condition Use Permit to operate an auto repair business, 801 E, 7'" St. Patricia James presented the staff report. Ms, James stated the zoning staff recommends approval of the Special Condition Use Permit with conditions. Eight letters of objections were received from the neighborhood and church. Mr. Juan Villanueva, the applicant appeared and stated they cieared up the tire mess and they don't work on cars outside of the building. Mr. Michael Thali, 2667 Eldridge Avenue East and a member of St. Johns Congregafion, appeared in opposition. He stated that Mr. Villanueva's properry adjoins St. Johns property. He explained that the business has been operating as an auto repair business for some time. The school's emergency exits are being hindered 6y the tires that are being stored outside their windows. If fhe children had to escape the building they would have to ciimb over the tires. He also stated that when repairs on automobi(es are being made exhaust fumes ehter the class rooms making it inconceivable to open the windows. He submitted pictures of the tires that are stored on the property. At the question of Commissioner Kramer, Mr. Thall stated in the summer time there are numerous cars being worked on outside. At the question of Commissioner Gordon, Mr, Thail stated there are no barriers between the class rooms and the existing parking tot. He also explained that there was run off from that property onto their property, there was a concern about chemicals created by the cars that are worked on, and they would like to see the cars and tires moved away from the school, Mr. Juan Villanueva, appeared and stated he did not think the windows of the school had anything to do with his business. He does not have to move the cars that are parked there because they are designated parking spaces. At the question of Commissioner Gordon, Mr. Villanuevea stated he does not work on the cars outside. He said he could clear the tires from the school windows. The hearing was closed. � � � oa�3� Zoning File # 02-099-809 March 14, 2002 • Page 2 After further discussion Commissioner Morton moved to deny the Speciai Condition Use Permit. Commissioner Alton seconded the motion. The motion passed by a vote of 6-0. Adopted Yeas - 6 Nays - 0 Drafted by: Submitted by: Approved by: �.�',tl�l�W J/Y/�Cil� �1 �g i �l/�`�' Caroi Martineau Patricia James ichard Kramer Recording Secretary Zoning Section Chair • • CIT2ZEN PAR7ICIPATIO DI RI TS u • i.SUNRAY-BATTLECREEK-HI6Hkd00D 2.6REATER EAST-SIDE • � ST SIDE Y70N'S BLUFF PAYKE-PHALEN 6.NORFH EN� 7.THOMAS-DALE 8.SUMMIT-UNIVERSITY 9.WEST SEVENTH lO.COMO 11. HAML INE-h1I D4tAY 12.ST. ANTHONY � . � i3.ME�RIAM PK.-LEXIN6TON HAMCINE 14.GROYELAND-MACAtESTER 15.HIGHLAND 16.SUt�iIT HILL 17. DO'dtlTOWN • CITIZEN PARTICIPA7IQN PLANNING DISTRICTS O�-7 3 � � ��3"�i�� d�� — � � . z�3 � pZ�I�D � DAYTON'S BLUFF DISTRICT 4 ON ��°` .... _,,, �� .� � .� � k� ��_i__ i �.. E � �., V � � _ - �.<;t . � .. . . _>��► - - � . � � - ;.�.. _. ;: �� " � �- � � �. .��._- - _ , - -., - ��:�:.. ,. _ z . ,� r r � _ " v2 �� e "�, �� 't� fl� i ; � LL �.,_: - � M... . �� l � S " �� r } � �� . :.t.- =_ .�' � � �__ . � c : � rr . . . '� �_ < �� ..�� : � � � � . �?LiCANT v�� r ` LEG�NO � _ � •--- _ - PJR?OS[ � � zoniag dislric! LVUndzry =1LE n7�f�7.1 /� DATE � "'llr �� sub;actproP'-r�Y n"' or�n�— 'ItJG. DlST�— P+tAP � o on� fzmfly •. n comme:_�a' e� _ � hvo lamily 4.o,e indust:�a! �' Fl C,�� oa- l!0 - � mulli I� ta; rtit �_ _,k': tr�2-�; -- � :-- � �� ?- . . X . . .. ._. � —•--- I "' - .�. �.� °g o� � Pat James - Re: Appeal of Juan Villanueva -Zoning File # 02-71Q-293 Prom: "Sue Grossnickle" �sgrossn@tcuconnecE.com> To: "Pat James" <pat.james@ci.stpaul.mn.us> Date: 4/30/02 420 PM Subjecf: Re: Appeal of Juan Vllanueva - Zoning File # 02-110-293 Thank you for your notice. l am again writing fo you asking you to vote down this proposal� Please refer to my original e-mail tor a list of concems for the children of the school and the welfare of the neighborhood. i understand Mr. Viilanueva deserves to earn a living, but I feel there is an abundance of reai estate availabie around town which would not be so close to children! Our school has grades Pre-K through Grade 8. i am unable to attend the meeting due to other commitments, but I can assure you we wiii have representation there since it is such an important matter! I also know they have tried to "clean up" their grounds since the last meeting, but I can assure you if you grant him his variance it will be back the way it was {if not worse) which is not good so ciose to a schoolf Please help us protect our children and the welfare of the neighborhoodl Sincerely, Sue Grossnickle 2081 Hyacinth Avenue East St Paul, MN 55119 651-772-2610 My son goes to schooi and I attend church there and have ail my life! ----- Original Message ---- From: Pat James To: mjtholl .aol.com ; mrose2000Ccr�ivillage.com ; noink@juno.com ; mjlepuia@pioneerpianet infi net ; iim.connollvCa�powermation com ; stiohnevCc�pro-ns.net ; sprossn(c�tcuconnect.com ; James.J ulian2�westy roup. com Sent: Friday, Aprif 26, 2002 2:24 PM Subject: Appeal of Juan Vilianueva - Zoning File # 02-110-293 I am using e-maIl to notify those of you who wrote the Plannuzg Commission regazding the application of juan Villanueva for a special condition use permit for an auto repair business at 301 E. 7th St. (Zoning FIle # 02-099- 439). Mr. Villanueva has appealed this decision to the City Council. Property owners within 350 ft. will be mailed notice of the public hearing; however I thought that you wovld also like to lmow of the appeal. The Cify Councfl public hearing will be heId afEer 5:30 p.m. on May 1, 20Q2, in City Covncil Chambers. Zoning hearings are usualIy scheduled Iast on the City Council's public hearing agenda, so the time the appeal will actually be heazd depends on how many othex public heaxings aze scheduled befoxe it. Patricia James Sainf Paul PED 1200 City Hall Annex 25 West 4th Street Saint Paul, MN 55102 651-266-6639(phone) d�,-73� SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 1, 2002 - 3:30 - 5:00 p.m. 46. Public hearing to consider the appeal of Juan Villaneuva, dba Villa's Auto Mechanic, to a decision of the Planning Commission denying a special condition use permit for an auto repair business at 801 East 7th Street (north side between Mazgaret and Arcade Streets). Patricia James, Departrnent of Planning and Economic Development, presented a staff report and showed a layout of the area in question. The staff report indicated that a modification of one of the conditions would be required and staff recommended approval of the modification with some additional conditions. The Zoning Committee held a public hearing and recommended denial of the permit on the grounds that the condition was not met and they felt there was some other general conditions that all special condition uses must meet and they also were not met. Mr. Villaneuva's appeal is based on the fact that this has been a mechanic shop for over 20 years. Ms. James thought the last approved use far this portion of the building was for auto sales, leasing and rental with accessory repair so the use of this part of the building for auto repair only is a different use and, therefore, a special condition use permit is required. Just because other auto repair businesses may have been located in that section of the building if they didn't have a valid special condition use permit, it doesn't change the need for the current business owner to have a valid permit. Also, he is saying that complaints at the public hearing involved cars and tires stored next to the adjacent church-school building and cazs being worked on in the pazking lot. He said he has cleaned up the parking lot and is willing to keep cars away from school windows that aze needed for emergency exits. He also stated that with regard to complaints of caz being repaired on the lot, it is not his business that is doing that. Zoning staff had required as a condition that the tires be removed and that no outside storage take place. After testnnony at the public hearing, the Zoning Committee determined that the requirement for a 10 foot landscape buffer between the auto repair business and the neighboring residential use could not be modified without impairing the intent of the Code and the reasonable enjoyment of adjacent properiy. It was fiirther found that this use is not compatible with the church and school to the west. They also found the proposal did not meet the general conditions for the special condition use permit due to the negative impact on surrounding properties. Therefore, they recommended denial. The Planning Commission upheld that decision and stafFs fmding is that there was no error in the Planning Commission's action. Appearing in support of the appeal was: Kenneth Weitz, attorney for Mr. Villaneuva. He asked that this matter be laid over at this time oa- �� because he was just hired as the attomey on this date and has not had a chance to fully study the issues. Mr. Villaneuva told Mr. Weitz he had just received norice of the hearing on this date. He noted thax a norice was mailed on Apri126; however, it was mailed to the landlord at B:OOp.m. on Apri130. He once again requested that the matter either be laid over or sent back to committee. Mr. Weitz said he would like to get Mr. Villaneuva in a position to comply with the requirements. Mr. Villaneuva bought the property in November, 2001. He also would like to have an opporiwiity to talk with member of the council of St. John's Evangelical Lutheran Church. Mr. Villaneuva is willing and able to construct a buffer. He has a 2-year lease remaiuing, he pays $5,000/month rent. If he were to be shut down, during which time he could reapply, it may cause him to go out of business at that location. Mr. Villaneuva may also be in a position to purchase the property and Mr. Weitz said he would like to have more time so they could do what's necessary to keep him in business Council President Bostrom asked the City Attorney if there is anything that happened to the notification that would require the Council to lay over this matter. Manuel Cervantes, Ciry Attorney, responded there was valid notice. Juan Villaneuva, the appellant, appeazed. He said he wants to meet all conditions and said he would keep cars away from emergency exits at the church. Patricia Jaxnes distributed correspondence in opposition from Sue Grossnickle, 2081 Hyacinth Avenue East. Michael Thall, member of St. John's Evangelical Church and chair of the Future Planning Committee of the church, appeared. It was found that there was not a license to operate this business and that is why Mr. Villaneuva applied for the special condition use permit. The church is zoned RT-1 (residential) and the properties to the northeast and south of the church are zoned B-3 (commercial). He cited Zoning Code 60.564 subpazagraph 18 which lists four conditions that need to be met in order to grant this condition and only one of which has been met. They also have a big concern with blockage of the egress windows in the school. Margaret McCoy, a teacher at St. John's School, talked about the disruption in the classroom from noise generated by the repair business. Roy Johnson, 1021 Conway Street, President of the Parent-Teacher Association, displayed pictures of the property and talked about Mr. Villaneuva's dog that has chased the school children, the windows blocked by vehicles, noise from working on vehicles, music from the cars, and e�aust entering through school windows. Mr. Chris Patterson, teacher at St. Johns, said his classroom is on the side of the proper[y adjacent to the garage and there is disruption caused by the business. Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0 ,