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03-42Councii File # p3 �y"�, RESOLUTION Green Sheet # 200562 � /��TY OF SAINT PAUL, MINNESOTA 1 1 Presented by_ Refened To Committee Date WF�REAS, the Legislative Hearing Officer recommends that license application (ID # 20020005503) for a Second Hand Dealer-Motar Vehicle License by Robert Brackey, President, doing business as Bracs Auto Parts, 80 Arlington Avenue East, be approved with the following condirions: 1. All conditions listed on LIEP approved site plan file #02-106880 must be completed by May 24, 2003. 2. A11 customer vehicles, employee vehicles, and vehicles displayed for sale must be parked in the areas designated on the LLEP approved site plan file #02-106880. The number of vehicles being displayed for sale shall not exceed 29 (twenty-nine). 3. All vehicles parked outdoors must appear to be completely assembled with no majar body parts massing. 4. Vehicle salvage is not permitted. 5. Vehicle parts, tires, oi1, or similar items will not be stored outdoors. Trash will be stared in a covered dumpster. 6. No general auto repair is allowed inside ar outside the facility. 7. No auto body repair or spray painting is allowed inside or outside the facility. 8. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prolubited. 9. All vehicles associated with this business must be parked on Uae lot. There shall be no parking on the street or any other public right-of-way. 10. Any future changes in use of the property wi11 requixe LIEP review. Existing approved uses aze stoxage, office, car wash, and second hand motor vehicle sales only. 1 I. Licensee must comply with all federal, state, and local laws. THBREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license appiication with the recommended conditions. Bracs Auto Parts, Green Sheet 200562 03 -*i� Yeas Na s Absent Benanav f Blakey � Bostrom J Coleman f Harris � Laniry � Reiter � "1 8 O Adopted by Council: Date p Adoption Certified by Council Se etary By: Approved � Requested by Department of By: Form Approved by City Attomey � Approved by Mayor for Submission to Council � Council Offices PERSON 8 PFiONE a Moermand, 266-$560 aa ca�a� acEr„or, er mam �.��� Jan. 15, 2��3 GREEN SHEET u uv,u,re,.owr�*ae u aTMmux�.. — ❑ rnrwnow,er ❑ mr«FUC _ ❑ fwwuuamv¢rawe. ❑ nuxc�mmkcro ❑wmrtlweASmarunt) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) c� -�a No 200562 TOTAL # OF SIGNATURE PAGES ng application -with conditions £or a Second Hand Dealer-Motor Vehicle License by Brackey, President, DBA Bracs Auto Parts, 80,Arlington Avenue East. PLANNING COMMISSION CIB COMMITfEE CML SERVICE CAMMISSION Has this persoMrtn eMer worked uMer a contract for thie tlepartmeM? , YES NO Has dtis Pe�sorVfrm ever been a Cily emdoYee9 YES NO DOes thls peisonlfiim pos6es6 a sldll not namellypossessed 6y any curtent cdy employce? YES NO Is Mis persarVfrtn a targMed ventlaYt . YES NO �lain all YBS enawels cn aeoa2fe stceet aM attach W areen aheet �'i0UllCbr �i@563i'C6l �'igry$gf JAN 1 � 2003 oF rwu+sacnoN s COSTrttEVBHUEBUDGETED(GRGLEONE7 YES ACTNIiV NUMHER NO MIFORMAl10N (E(PWN) o� �Z ��. MINLJTES OF TF� LEGISLATIVE HEARING BRAC'S AUTO PARTS - 80 ARLINGTON AVENUE EAST Monday, December 30, 2002 Room 330 Courthouse Marcia Moermond, Legislarive Hearing Officer The meeting was called to order at 10:00 a.m. STAFF PRESENT: Jeff Hawkins, LIEP (License, Inspections, Environmental Protection) Mazcia Moermond stated we are here to heaz objections to the license application for Robert Brackey, doing business as Brac's Auto Parts. He is applying for a Second Hand Dealer-Motor Vehicle License. There are one of three recommendations Ms. Moermond can make ta the City Council: grant the license without conditions, grant the license with conditions if those conditions aze acceptable to the applicant, or send the license application to an Administrative Law Judge (AL7). The last recommendation is if the Council does not agree with the conditions or the Council would like to recommend denying the application. An AL7 hearing would involve three months and additional lawyers fees. Hopefully, the hearing today is the level where issues can be resolved. When Ms. Moermond's recommendation goes to the City Council, it wi11 not be a public hearing. They will make a decision based on the written record, and will not hear additional testimony at that time. Jeff Hawkins, Zoning Department of LIEP, reported this is an application for a Second Hand- Motor Vehicle Dealers License at 80 Arlington Avenue East by Brac's Auto Parts. At this time, LIEP is recommending eleven conditions to be placed on the license application as follows: 1. Al1 conditions listed on LIEP approved site plan file #02-106880 must be completed by May 24, 2003. 2. All customer, employee vehicles and vehicles displayed for sale must be parked in the areas designated on a LIEP approved site plan File # 02-106&80. The number of vehicles being displayed for sale shall not exceed 3. All vehicles pazked outdoors must appear to be completely assembled with no major body parts missing. 4. Vehicle salvage is not permitted. 5. Vehicle parts, tires, oil or similar items will not be stored outdoors. Trash wi11 be stored in a covered dumpster. 6. No general auto repair is allowed inside or outside the facility. 7. No auto body repair or spray painting is allowed inside or outside the facility. 8. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing &om the street or on to the street is prohibited. 9. All vehicles associated with this business must be parked on the lot. There shail be no parking on the street or any other pubiic right-of-way. 10. Any future changes in use of the property will require LIEP review. Existing approved uses are storage, o�ce, car wash, and second hand motor vehicle sales. I 1. Licensee must comply with a11 federal, state and local laws. Mr. Hawkins stated that LIEP's recommends is confingent on a new floor plan and site pIan being approved. These should be submitted no later than January 15, 2003. o3-yz LEGISLATIVE HEARING FOR BRAC'S AUTO PARTS Page 2 The following appeared: Robert Brackey, owner, Jim McGovem, associate of Mr. Brackey. NIr. Brackey stated he has been in business in 5aint Paul for approxnnately 25 years He owns Brads Auto Parts at 1336 Jackson Street. He has never had a complaint against his business to his knowledge. When he purchased the property on Jackson, there were lots of tires and debris on the property, and he cleaned up the property. He built the building on the properry and went through the normal channels to do so. He has now decided he would like to have a second hand used car dealership there. To his knowledge, the property is zoned properly; it is light industrial and meets the code. He is not asking for any variances. He agrees with the eleven conditions recommended by LIEP. He may have made a few changes, but they have a11 been within the zoning requirements. Ms. Moermond stated she has a letter from the District 6 Planning Council indicating the Land Use Task Force unanimously denied the license application and requested a legislative heazing. The letter did not state the concerns of the Task Force. Kathy Cole, District 6 Planning Council, appeared and stated she would like to give some background information. In April, the Planning Council received a site p1an from Tom Beach (LIEP) requesting approval for this site to be used for personal storage and antique cars. A meeting was held on Apri124. There were environmental questions so it was laid over until the next month. The Planning Councii felt a lot of the environmental issues had been taken care of; therefore, they approved the site plan. Ms. Cole transcribed from the audio tape what was told to the Planning Council by Mr. McGovern who was representing Mr. Brackey at that meeting. (Ms. Cole submitted a transcript of part of the Land Use Task Force meeting dated April 24, 2002.) Ms. Cole stated the meeting lasted about 35 minutes and she did not transcribe the whole meeting, but Mr. McGovem clearly indicated that the building was going to be used for his personal use. In this transcript Pv1r. Brackey says that "This is going to be primazily for classic cars, he has quite a numUer of classic cars, he'll keep those there and we really don't foresee much traffic going in and out of there." They wanted to meet with Mr. Brackey to discuss what the building wouid look like. There is a$35 Million facelift to be done at McDonough Housing Project. There are two multi-million dollar projects going on in the area. The Arlington Jackson Plan will be a business center. There are concerns that putting a used car lot at this spot is not a good thing for the community. They would like it maintained as a storage facility. John Thoemke, Chair of District 6 Planning Council, 1483 Kent Street North, appeared and stated it became clear that the design of the building, the size, and the location left something to be desired. The trail from McCarrons would go past this site in the future. It was the Planning CounciPs request that the building be put as fu away from Jackson Street as could be done. The Planning Council was told that they could not move it any further because of the poor soil condition. He called Mr. McGovern to meet with him and discuss this. It was Mr. Thoemke's thought that the building was large for storage of automobiles. The Planning Council was told that this was a single use facility, yet it is divided into four sepazate sections, each with their own 0 � LEGISLATIVE HEARING FOR BRAC'S AUTO PARTS Page 3 electric and gas meters. It is cleaz that from the beginning of construction, the intent was for other than a single use storage site. The Planning Council asked for another hearing. Mr. Brackey's son came and denied the statements from the Apri124 meeting. When they played the tape, the son stated that Mr. McGovem was not speakina on his father's behal£ Mr. Thoemke asked Ms. Moermond if an applicant can deliberately deceive a plauniug council in an effort to get something they want and then suffer no consequences. Carol Kusnierek, Chair of Land Use Task Force, 54 Geranium Avenue West, appeared and stated that on behalf of the Task Force, she would like to second everything Mr. Thoemke said. They would not have approved the site plan in Apri1 if they had any idea this problem would arise only six months in the future. They do appreciate that conditions change, but this change was so rapid that it appears there was an intent from the beginning to do more than store cars in that building. This is an objectionable practice. Bernie Gilson, Member of Land Use Task Force, 54 Geranium Avenue West, appeared and stated that she agrees with Mr. Thoemke and Ms. Kusnierek. They never would haue approved this license applicarion if they had known it would be a car dealership. Edward Baxter, Member of District 6 Planning Council, 54 Geranium Avenue West, appeared and stated it seems to be a question of integrity and how nnportant the applicant thinks licensing and regulations aze. He asked has LIEP driven by this property lately. There is no license yet, but there were cars with "for sale" signs a few days ago. (No one eise wished to speak in objection nor in favor.) Ms. Moermond read the last pazagraph on the License Application Summary: "Auto sales and detailing operations cannot commence until ail LIEP requirements are met. Requirements not yet met: Building Code review, Zoning review, and Fire (certificate of occupancy)." She asked if this is currently where things stand. Mr. Hawkins responded LIEP is waiting on an up-to-date floor plan and an approved site plan. They have a preliminary site p1an, which has not been approved by Tom Beach (LIEP). Until they have that, they cannot do the calculation to see what azea they are using. Also, Plan Review would have to look at the separation issues. There is an office area on the Second Floor, which is like a Mezzanine level. Plan Review and Fire will need ta determine if'there are building code implications there. Ms. Moermond asked how they put together the detailing operations without general repair (Condition 6) and painting (Condition 7). Mr. Brackey responded he submitted a letter to Mr. Hawkins that says nQ detailing wi11 occur. Detailing wi11 be done off site. Mr. Hawkins responded that detailing is not something regulated through LIEP, but LIEP does the auto repair and auto body. Ms. Moermond asked it is a requirement for Class N license applications to be reviewed by the district councils. Ms. Schweinler responded they notify the district council and the neighbors living within 300 feet of the license application. That is in the licensing code. o�-yz LEGISLATIVE HEARING FOR BRAC'S AUTO PARTS Page 4 Ms. Moermond asked does LIEP or the District Council look at the application with respect to the small area plan for that azea. Mr. Hawkins responded the Zoning Office of LIEP makes sure the use is a pertnitted use in that district, not necessarily how it fits into the sma11 area plan, When developing those districts, the Planniug Cominission works off the plans. This azea is zoned I-1 Indush No condirional use permit is required. LIEP has the site plan review process and the district council is advised. They received a copy of the original site plan that was submitted. Also, the Planning Commission will allow staff to approve, but if there is a problem or controversial, it can go befare the Planning Commission for site plan approval. Ms. Moermond asked would the district council look at the plans. Mr. Hawkins responded the district council would review, He assumes if they felt it was in violation of the comprehensive plan or small azea plan, they could review and make recommendation to go to the Planning Commission. Ms. Moermond asked what the District Council is looking for. She understands they are aggrieved that the site plan is different than the one currently being reviewed by Yhe City; however, it is an ailowed use in that zone. Mr. Thoemke responded they believe there was a deliberate deception. If it was an aliowed use, they question why there was a need for the deception. He would ask that this go to the City Council to seek the City Attorney's opinioti to find out if there is any recourse when a Planning Council is deceived by a developer. If there is no recourse, then there is nothing to stop any developer in a planning council area to lie about their intentions and getting by with it There is no point in the planning council reviewing these things if there is no integriry in the process. Ms. Cole stated the site plan was specifically for storage and the whole plan is changed. They have concerns that they will continue adding on. The Planning Council is trying to improve the quality of life in the neighborhood. They haue many multi-million dollar projects going on directly associated with this site. They would prefer the use remain as a storage facility. Ms. Moermond asked if there are any idea on how to assuage the concerns of the district council; they fear they will be deceived in the future about the use of the property. Mr. Brackey responded he put personal cars on the property. There is one out there now. As for the bike path or the plan for that area, there is 15 feet left along Jackson Street. Fart of it is because there was ten feet easement for a sewer. They set it back another five feet off of the properiy line on Jackson. He is not saying he is reserving that for the bike path, but he is saying there is land there for a bike path to come through. They also talk about the overall plan as far as when it was bought by K-Mart to redevelop that land and that whole area. Mr. Brackey was involved heavily in that plan, and the City did not haue enough money to clean up that land. It was mentioned that the building was large for the piece of property. A 60 foot wide by 280 foot building is not large for 3'h acres. He will not deny there may be another building going in, but they will have to go through the regulaz process to acquire a license. He applied for a permit within the building codes and within the ordinance, and has not asked for any variances. Mr. McGovern stated he should respond to the accusation of lying. At that hearing before District 6, there was no suggestion by he or anyone from District 6 Council thaY, as a condition, v�-�Z LEGISLATIVE HEARING FOR BRAC'S AUTO PARTS Page 5 he must promise there would be no other use than the use suggested there. Second, to the extent that any of this is relevant, he does not recall it was approved at that hearing; he thinks it was tabled. The District Council cannot say they were relying on his remarks. He made it very clear that this is the present intention and if there is going to be change in the future, he recognizes his business must go through procedures. Mr. Brackey had under contract a 35 square foot building at 956 Prosperity that he intended to buy, but he had to pass on that purchase. It was approximately April 24 that he had to move his business out of that properiy. Mr. Brackey owns a lot of properties. To say that any particular piece of properry is locked into a particular use forever is not feasibie by any business owner. If the District 6 Planning Council does not want Mr. Brackey to use his properiy in a lawful way, they should arrange to buy it. Mr. McGovern would not teil anyone how to use their properiy because it is private properiy and if they would put it to a legal use, he would have no standing. In sumu�ary: 1) there was no deception, 2) it was not a condition of approval, and 3) they never proved it at that time. Ms. Moermond asked what is involved in the zoning review. Ms. Hawkins responded they are waiting for a new floor plan to show the square footage, the location of customer and employee parking, and where the display vehicles will be located. LIEP wi11 review that and when it is approved, that is the way the parking Iot has to sit. A1so in the review, there is a azea in the back for the future trail. One of the areas directly behind the building showed it as not paved, but they wili be required to pave it with the current use. The original site plan showed retaining walls. There were cars stacked and parked behind there for sale. Those are not allowed there. There should not be any operation going on there. Ms Moermond stated she would like to find out what the City Attorney would say about this. Her inclination is that the City Attorney will say that ]t does not matter because the azea is zoned industrial. If that's the case, then she will send out a letter on January I5, 2003, that the license be granted with the recommended condition from LIEP. Mr. Thoemke stated Mr. Brackey just said that there is no vehicle there for sale; however, Mr. Thoemke drove past that property on the way to this hearing, and there is one vehicle with a sale sign on it. Volunteers in the community spend their time improving the neighborhood. He find; this situation very sad for this City. Ms. Moermond responded that LIEP should investigate the claim. The heazing was adjourned at 10:40 a.m. January 15, 2003 Marcia Moermond's decision is to recommend approval of the Second Hand Dealer-Motor Vehicle License at 80 Arlington Avenue East with LIEP's recommended conditions as listed on Page l. The blank line on Condition 2 should read "29." [uzi