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03-147Council File # 03—��� Green Sheet # 200564 RESOLUTION : PAUL, MINNESOTA Presented by Referred To Committee Date WIIEREAS, the Legislative Hearing Officer recommends that the license application (ID # 19990005709) for a Game Room License by Joe Furth, DBA Eclipse Records, 1692 Grand Avenue, be approved with the following condifions: 1. The hours of operation of the game room shall be limited to noon to 10:00 pm. 2. The licensee will pick up refuse around the perimeter of his building on a daily basis; and 3. The occupancy load in the building is limited to less than fi$y people; WHEREAS, the City Council has already approved with conditions the Cabazet Class A License; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves the Game Room License with the recommended conditions. Yeas Na s Absent Benanav �/' Blakey �/' Bosh �/ Coleman �/ Harris �/ Lantry ✓ Reiter � S O a Adopted by Council: Date � � \ `� �p� � Adoption Certifi by Council Secretary � By: Approved by y r: Date , By: Requested by Department o£ � Form Approved by City Attorney � by Mayor for Submission to Council )tYAFt I MFJVI/VFFIGE/COUNCIL DATE INRWTED City Council Offices 1/28/2003 X)MACT PERSON & PFIONE Marcia Moermond, 266-8560 __ TOTAL # OF SIGNATURE PAGES GREEN SHEET 0 3 -►�F'1 No 200564 �.,,�,�� � �„� , QIYAliOR1EY ❑ QTYCIFAII � Ii1�11CCNLiFR11CFi0YL ❑ AIYIlCI11LiERVIIIG.Y6 Y11WRI�AEMfAM1) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving application with conditions for a Game Room License by Joe Furth, dba Eclipse Records, 1692 Grand Avenue. PLANNING COMMISSION CIB CAMMffTEE CIVIL SERVICE CAMMISSION Has this personffirm ever vrorked under a con[rac[ tor this departmeM? VES NO Has ihis Pe�soMrm ever 6een a cily empbyee7 vES rro Dces this persoNfirm pocsess a sldll not namallYP�eE by any curtent city emdoyee� YES NO Is this personfirm a tarpetetl vendoR YES NO ���,��A, ����arch Cenier JAN 2 � 2003 : SOURCE INFORMAiION (IXPWN) COST/REVENUE BUDCETED (dRCLE ONE� ACTNITY NUMBER YES NO 0�-+�7 city of saint paul planning commission resolution fi{e number o3-oZ d ate Januarv 10 , 2003 WHEREAS, ECLIPSE RECORDS, File #02-241-22Q has applied for �;Gnnd}#�oraal tJse Permrt under the provisions §60.544(3), 64.300(d) & 64.300(f}(1) of the Saint Paul Legislative Code, for a game room on property located at 1692 Grand Avenue, legaily described as ELMER & MORRISON'S REARRANGEMENT OF PART OF MACALESTER PARK N 85 FT OF LOTS 1 2 AND LOT 3 BLK 5(PIN 04-28-23-41-0016); and WHEREAS, the Zo�a�,Com�littee ofthe Ptanc�Ang-Cornm'rssion, on � public�hearrng�-at which personS present were given-an opporturnty to be heard pursu.ari#,to said<_ap�ftcatiam�rn•accoxdanee:w+t#i the requir.ements of §64:300 of the Saint Paul Legisiative ' Code; and WFiEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: Eclipse Records has been at this location since 1999. The building was built in 1915 and is currently used as a mixed-use commercial/residential property. Prior to Eclipse Records, the commercial space was used by Grand Remnants, a secondhand merchandise store which started in 1998. Besides the record store, two other businesses are on this tax parcel: Wet Paint and Kitchens by Krengel (owner of the parcel). There is one residential unit above Eciipse Records. There are 5 off-street parking spaces behind Wet Paint and �=v spaces,;bek�irad;,�sli�ise-Ftec�rds. The current record store has �e�electronic video game machines and a performance area on the first floor, in addition to retail sales of music records. The licensing code requires a __ - — ---..._..----•---= �a�iirtes): The appiicant would like to have more than three electronic video game machmes and ��pa� base�rie`sif Pnto a°video g�me�room�vittr roagh'�y 356 sq�ar� f,e�t°oP`fifoor area, and fherefore has applied for a conditionai use permit for a game room and a game room license. The floor plans submitted by the applicant also show a basement office (approximately 220 square feet) and basement storage areas. moved by Field seconded by in favor 17 {Alton ab§tained) against o�-��'1 Zoning File #02-241-220 Planning Commission Resolution Page 2 of 5 2. §60.544(3) permits electronic game rooms in the B-2 zoning district subject to the condition --- a t e game�roarrrshatl�tre tacafed atleast one hundred (1b0) feef from any front; re"ar o� si e yardo .any Fesidenfial tot in an ac]jacent residentiafdistnct measured from the closest poir�tof�the residerrtiat 1Pne: This condition is rre met. The property to the immediate south is an apartment building at 61 Cambridge, whose properry line is 48 feet away from the closest point of the building. The applicant has requested a modification of this requirement. The required findings to modify this condition and the applicanYs ability to meet them are addressed in Finding 4 of the resolution. 3. Section 64.300 (d) of the zoning code requires that before the planning commission may grant approval of a principal use subject to special conditions, the commission shall find that: a) The extent, locafion and intensity of the use will be in s�bstat�tial eompliance with the Saint Paub Comprehenseve Plan and any applicable subarea plans which were approved by the city council. This cori�fron-can.be-met, This portion of Grand Avenue is mostly commercial in nature. The Saint Paul Comprehensive Plan encourages mixed use within single buildings and in separate buildings in traditional neighborhoods (Objective 5.2 of the Land Use Plan). The Macalester-Groveland Community Pian also encourages vertical mixed commercial and residential use. This building is built out to the sidewalk. The parking lot is located behind the building. There are windows to the sidewalk. All of these are characters consistent with the design guidelines for pedestrian-oriented urban village centers (page 27 of the Land Use Plan). However, Objective 5.2.4 of the Land Use Plan states that, "the City will use zoning, licensing and environmental regulations to prevent and mitigate land use conflicts along boundaries between residential areas and commercial...areas" (page 27 of the Land Use Plan). Provided that noise from the game eoom can be mitigated, the proposed use is consistent with the Comprehensive Plan. b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The parking situation will remain the same as for the existing use; no additional parking is proposed. The parking lot behind the building can be accessed through an existing curb cut on Cambridge. c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare. This condition can be met. The uses to the immediate east and west are both commercial. Ramsey Junior High Schooi is located to the north across Grand Avenue. _.�.�-. � e on y area that may be of concem is the residentiai area to the south. "�Troyided't�`iat fihe noise �vel'can'�'ie con`fained; the"use shoutd nof"be dettimenfal'Yo the exisfing �� -►�t'l Zoning File #02-241-220 Planning Commission Resolution Page 3 of 5 character of the development in the immediate neighborhood or endanger fhe public health, safety, and general welfare. d) The use will not impede fhe normal and orderly development and improvement of the surrounding properfy for uses permi(ted in fhe district. This condition can be met. The area is fully developed with commercial on Grand Avenue and housing along Lincoln and Cambridge. The game room will be at the basement level, and will not alter the exterior appearance of the building. Provided that the noise level can be contained, it should not impede the normal and orderly development and improvement of the surrounding property. 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. Except for modification of the distance requirement from residential property noted in this report, the use conforms to the appiicable regulations of the district in which it is located. 4. The application does not meet the distance requirement of 100 feet between the game room and nearest residential property. Section 64.300(fl(1) provides required conditions for the Planning Commission to modify any or all special conditions. These conditions and the applicanYs ability to meet them are as follows: a) Strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner of such property or strucfure; The intent of this condition is met. The B-2 Community Business District allows a wide variety of commercial uses that would fit in nicely with the building and neighborhood, including the current use as a record store. On the other hand, the pFOposed game room is in the basement; the main customer entrances to the game room are on the Grand Avenue side of the buiiding, with one through the record store and one directly leading to the outside, and the building itself separates these entrances from the apartment building to the rear. Therefore, the game room should have minimal impact on residentiai property in the adjacent residential district, and strict application of the distance requirement would unreasonabfy timit or prevent otherwise IawPul use ofi the basement. b) Such modification wiil not impair the intent and purpose of such special condition and is consistent with health, morals and general weifare of the community,� This condition can be met. The special condition is intended to protect nearby residential properties from the noise of a game room. Modifying this condition may subject nearby residential properties to some additional noise impact. However, the applicant states that the owner of the apartment building to the south, who resides at the apartment building, is in support of the game room, and that there will be minimal noise impact. o� -l�k'1 Zoning File #02-241-220 Planning Commission Resolution Page 4 of 5 c) Such modification is consistent with reasonabfe enjoyment of adjacent proper(y. This condition can be met. As stated in findings above, the modification to waive the ,!`' distance requirement could subject a nearby apartment building to the potential negative f-" impacts associated with the game rcom. The appticant provided a tetter from the owner �� of the property to the south showing support of the game room. ,% �Y. , 5. The first floor record shop has 1,100 square feet of floor area, which requires 5 parking spaces at 1 space per 225 square feet as a record store. In passing the ordinance removing the requirement that a cabaret licence can only be issued to restaurants, the City Council decided that cabarets would continue to be treated as an accessory use to the - primary_ use of the site, and therefore the parking standard for a cabaret is the same as the primary use (in this case a record store). The electronic video games currently on the first floor would be moved to the new game room in the basement; if there would be any "mechanical amusement devices" on the first floor, the area they are in would have to be considered game room space for the purpose of calculating the parking requirement. The basement game room will be 356 square feet, requiring 5 parking spaces at 1 space per 75 square feet of gross floor area per Section 62.103 of the code. The applicant states that the area shown on the basement floor plan as an office will no longer be used as an office and therefore should be treated as storage space for the purpose of calculating the parking requirement; he states that the basement will only consist of the game room and storage. Therefore, a total of 10 spaces will be required for the record store and the game room. There are currently 5 parking spaces in the back of the building which the building owner states are allocated to the record store. Section 62.103{d)(1) of the code permits changes in use that requires up to 5 spaces more than the previous use within an existing structure without providing additional parking. In other words, because the proposed use in the existing structure requires 10 spaces, which is 5 more than the current use, the applicant does not need a parking variance. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Pianning Commission, under #he authority of the City's Legisiative Code, that the application of Eclipse Records for a Conditional Use Permit for a game room for property at 1692 Grand Avenue, legalty described as ELMER & MORRISON'S REARRANGEMENT OF PART OF MACALESTER PARK N 85 FT OF LOTS 1 2 AND LOT 3 BLK 5(PfN 04-28-23-41-0016), is hereby approved subject to the following conditions: All electronic game machines (also known as mechanical amusement devices) must be in the area of the basement designated in the basement floor plan as a game room. The machines currently on the first floor of the record store must be removed from the first floor; 2. The basement game room shail be limited to the 356 square feet as indicated in the basement floor plan provided by the applicant; 3. Besides the game room, the basement shall not be used for any othe� purpose except for storage and utilities; os - ��.�t Zoning File #02-241-220 Planning Commission Resolution Page 5 of 5 The hours of operation for the game room shall be limited to noon to 10 p.m. daily, in addition to hour limitations stipu{ated by the game room license; 5. The fve (5) parking spaces immediately behind tf�e building shafl be designated and posted as for customers of Eclipse Records on(y; and 6. This Conditional Use Permit shall expire when the game room lice�se for Joe Furth (d.b.a. Eclipse Records) expires.