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04-19Council File # O�� /� Resolution # Green Sheet # { ���` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Presented By Referred To Committee: Date /2 WHEREAS, pursuantto Minn. Stat. §462357 and Saint Paul Legislarive Code §64.400, Craig and Tracy Mulholland, Zoning File #03- 332-886, duly petitioned to rezone property legally described as Lots 16 thru 19 Bllc I 1 fo the Mackubin and MarshalPs Addition to St. Paul, PIN 36-29-23-32-0077, commonly Imown as 615 St. Anthony Avenue, from B-2 (Community Business) to B-3 (General Business) forthe purpose of conducting outdoor sales ofproduce, sporting equipment, designer clothes, fireworks and food concessions; and WFIEREAS, the Zoning Committee of the Planning Commission held a public hearing on July 31, 2003, and continued on September 4, 2003 for the purpose of considering the rezoning petition, where all persons interested were given anopportunity to be heazd, and at the close of the public hearing, based on all the records and testunony, the Zoning Committee recommended ffiat the rezoning be denied; and WHEREAS, the Planning Commission considered the rezoning petition and the Zoning Committee's recommendation at its meeting on September 12, 2003, and also recommended that the City Council deny the rezoning; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly published in the official newspaper of the Ciry on October 13, 2003, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property to be rezoned; and WHEREAS, a public hearing was conducted before the City Council on October 22, 2003, and continued on November 19, 2003 where all interested parties were given an opportunity to be heazd, and the City Council, having considered all facts and recommendations concerningthe rezoning, foundthe proposed rezoning to be inconsistentwiffithe Macalester-Groveland CommunityPlan andpotentially deh�imental to adjacent residential property; therefore, the Saint Paul City Council does hereby RESOLVE, that the petition of Craig and Tracy Mulholland, Zoning File#03-332-886, to rezone property legally described as Lots 16 thru 19 Bllc 1 I fo the Mackubin and MarshalPs Addition to St. Paul, PIN 36-29-23-32-0077, commonlyknown as 615 St. Anthony Avenue, from B-2 (Community Business) to B-3 (General Business) , is hereby denied. Benanav �/ RIa4o.. �/ Bostrom y r., i e,,,= Harris ,/ Lantry Helgen � Adopted by Council: Date � Adoption CeYtified ,COUnCil S� By: Approved by Mayo : ate � By: %�/�C° RESOLUTION CITY OF SAINT PAUL, MINNESOTA Requested by Department of: 11� d5[�i - �.�� ` �--� Approved by Financial Services ���� By: Form Approved by City Attomey �,t.A��-- r-r- o y oN- �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE — Pl�ing&EcenomicDevelopment � 22-0EG03 Cor�tact Person & Phone: Allen Lovejoy 6�576 Must Be on Council Agenda by Green Sheet NO: 3009415 0 lanoi & Econ mic D velo � 1 lannin & E onomic Develo � D¢ ariment D'rector 2 ' Attorne j-f�a 3 a or's Office Ma or/Ass' nt 4 uncil . t � A?G _l 5 ' Cferk Ci Clerk 6 1 nnin & E onomic Devei len ove'o � Assign Number For Routing Order ToWI # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Adopt attached resolurion to memorialize City Council decision to deny the rezoning at 615 St. Anthony Avenue itlations: Approve (A) or Reject Planning Commission CIS Committee Civil Service Commission Personal Service the Following Questions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this personlfirm possess a skili not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): City Council voted to deny the appflcation of Craig and Tracy Mulholland to rezone proper±y at 615 St. Anthany Avenue from B-2 to B- 3 for the purpose of conducting outdoor sales of produce, sporting equipment, designer clothes, fireworks and food concessions. AdvanWpes If Approved: Disadvantaqes if Approved: ��.� �, !;. DEC 3 1 �OU3 Disadvantages If Not Approved: Transaction: Funding Source: CosURevenue Budgeted: Financial Information: (Explain) Acfivitv Number: �.� � � � .� _ _ �, po p¢yr%.t ,�'�� r i. ... �3 la�,?.. � . .. . JA� � � 2��� DEPARTMENT OF PLANI�ING & ECONOMIC DEVELOPMENT Martha G. Fuller, Director CTTY OF SAINT PAUL Randy C. Kel[y, Mayor September 30, 2003 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Miimesota 55102 Dear Ms. Anderson: 25 West Founh Streer SaintPaul, MN55102 0�I- l9 � Telephone: 651-266-6626 Facsimi Ze: 651-228-3341 l+ ,.P CC t'. , � . C � I would like to confirxn that a public hearing before the City Council is scheduled for Wednesday October 22, 2003, for the following zoning case: Applicant: Craig and Tracy Mulholland File Number: #03-322-886 Purpose: Rezone from B-2 (Community Business) to B-3 (General Business) to conduct outdoor sales of produce, sporting equipment, designer clothes, fireworks and food concessions. Address: 615 St. Anthony Avenue Legal Description of Properry: Lots 16 thru 19 Blk 11 of the Mackubin and Marshall's Addition; PIN 36-29-23-32-0077 Previous Action: Zoning Committee Recommendarion: Denial; vote: 7-0; September 4, 2003 Planning Commission Recommendation: Denial; vote: unanimous, September 12, 2003 My understanding is that this public hearing request c �.-.,,,.- �-- City Council meeting and that you will �uls�ish noiice Please call me at 266-6576 if you have any questions. Since�� ! Allen Lovejoy � City Planner cc: File # 03-322-886 Carol Martineau Paul Dubruiel Wendy Lane Allan Torstenson on the agenda for the October 22, 2003 IiOTICE OF�DBLIC HEARING The Saint Paul City Couneil will con- duct a publie hearing on Wednesday, October 22, 2003, at 5:30 p.m. in the City Council� Chambers, Third Floot, City F3a11-Gmirthovse, 15 West Kellagg Boulevard, Saint Paul, 1VIN, to consider the application of Craig and Tracy Mulholland to rezone pmperty at 615 St. Anthony Avenne from B-2 (commnnity busiaess) to B-3 (general business)'to conduet outdoar sales of produce, sport- .ing equipment, designer clothea, fire- wonks and food eoncessions. � _ Dated: October 3, 2003 MARY ERSCKSON, � - Assistant City Council Secretar.y - � (october 9l� - - =—�57: PAOL.LEGAL-LEDGER � ' azmoe�i 3�! PLANNiNG COMMISSION Gladys Mortan, Chav CITY OF SAINT PAUL Ramdy C. F:elly, �Llayos October 13, 2003 � • Ms. Mary Erickson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 25 West Fowlh Street Samt Pau1.1�A� i5102 RE: Zoning File #03-322-886 City Council Hearing: October 22, 2003 at 530 p.m. in City Council Chambers o�- �9 L=J Telephone: 6�1-266-6.i65 Facsimile: 6� I-228-3314 PURPOSE: Rezone property from B-2 (Community Business) to B-3 (General Business) to conduct outdoor sales of produce, sporting equipment, designer clothes, fireworks and food concessions. PLANNING COMMISSION RECOMMENDATION Denial vote: Unanimous ZONING COMMITTEE RECOMMENDATION: Denial vote: 7-0 STAFF RECOMMENDATION: Approval SUPPORT: None OPPOSITION: None Dear Ms. Erickson: Craig and Tracy Mulholland submitted a petition to rezone property at 615 St. Anthony Avenue from B-2 (Community Business) to B-3 (General Business) to conduct outdoor sales of produce, sporting equipment, designer clotlies, fireworks, and food concessions. The Zoning Committee of the Planning Commission conducted a pub]ic hearing on the petition on July 31 and September 4. Staff presented a report recommending approvaL The applicant was present on July 31 to answer questions. No persons spoke in support. No persons spoke in opposition. At the close of the public hearing the committee voted 7-0 to recommend denial of the rezoning petition. Tl�e Planning Commission voted unanimously to approve the Zoning Committee's recommendation on September 12, 2003. Tl�is petition is scheduled to be heard by the City Council on October 22, 2003. Please call me at 266- 6576 if there are any questions. Si cerely, Allen Lovejoy � City Planner Attachments cc: File #03-322-886 City Councilmembers AA-ADA-EEO Empioyer 04-19 � city of saint paul planning commission resolution file number a3->; d ate September 12, 2003 WHEREAS, Craig and Tracy Mulholland, Fife #03-322-886, have applied for a rezoning under the provisions of §64.400 of the Legislative Code, for the purpose of rezoning property located at 615 St. Anthony Avenue, Parcel Identification Number (P1N) 36-29-23-32-0077 legally described as LOTS 16 THRU 19 BLK 11 OF THE MACKUBIN AND MARSHALL'S ADDITION TO ST. PAUL from B-2 (Community Business) to B-3 (General Business) to conduct outdoor sales of produce, sporfing equipment, designer clothes, fireworks and food concessions; and WHEREAS, the Zoning Committee of the Planning Commission, on July 31, 2003, and continued on September 4, held a public hearing at which ali persons present were given an opportunity to be heard pursuant to said petition in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence pre'sented to its Zoning Committee at the public hearing as subs±antialiy ref!ected in the minutes, made the f011Ovll i� fiiid'iii�5 Oi i2�T: • 1. The proposed rezoning is not inconsistent with the generai Land Use Plan. However, a more specific "station area plari' for this area centesed at Dale and University, including the subject property, is anticipated to be adopted in the first quarter of 2004. it will have specific land use recommendations ;hat may or may not affect the subject property. The prominence of the site at the entrance to the neighborhood suggests that appearance of developme�t on this site is critical to the character of the neighborhood. 2. The applicants are not anticipating significant investment on the site as a resuit of the rezoning of the site, which with B-3 zoning, could be subsequently soid for much different USeS, I�rmm�atihlP �p�i±h SU�;'OU^C�I^� US8S 311C� ,^uvici iilBily ciBifi�?'?BYS?�( tD 'T.R9 COT??;?'lU.^.1?`„ 8,^,C 3. The proposed B-3 zoning would be inconsistent and incompatible with existing uses and zoning in the surrounding area. There is no B-3 zoning in the immediate area. 4. The current B-2 zoning permits reasonable use of the property. moved by F�e�d seconded by � in favor Unanimous against Zoning File #03-322-886 Planning Commission Resolution Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to the City Council that the application of Craig and Tracy Mulholland Yo rezone property at 615 St. Anthony Avenue, Parce! ldentification Number (PIN) 36-29-23-32-0077 legally described as LOTS 16 THRU 19 BLK � 1 OF THE MACKUBIN AND MARSHALL'S ADDITION TO ST. PAUL from B-2 (Community Business) to B-3 (General Business) be denied. • • � � o�{- � 9 • Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Minutes of September 12, 2003 � L_J • A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 12, 2003, at 830 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners itilmes. Faricy, Zimmer Lonetti, Morton, and Shortrid�e; and Messrs. Alexander, Alton, Anfang, Dandrea, Field, Fotsch, Gordon, 7ohnson, Kramer, and Mejia. Absent: Mmes. *Donnelly-Cohen, *VlcCali, and *Trevino; and Messrs. *Kong, and *Mardell. *Excused Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Allen Lovejoy, Lucy Thompson, Patricia 7ames, Joel Spoonheim, Allen Carlson and Iviary Bruton, Department of Plann±ug and Economic Development staff; and Tom Beach, LIEP staff. I. I t� III. Approval of Minutes of August 22, 2003 i�TOTION: Commissioner Johnson moved approval of the minutes of August 22, 2003. Commissioner Lonetti seconded the molion. The rnotior� carried unanimously on a voice vote. Chair's Announcements No announcements. Planning Administrator's Announcements Mr. Larry Soderholm reported on the City Council business: City Council business on 9/3/03: The Arcade Street mora[orium is being amended again to allow a Dollar Tree Store. Purchase of six parcels along South Wabasha Avenue for bluff preservation and stabilization. Council agenda for 9/17/03: - The plat for Payne Avznue townhouses along Swede Hollow. - The rezoning for Morelli's. - Adoption of Saint Paul Grand Round Master Plan, which provides the framework for continued implementation of the parkway and a eenway network that connects neighborhoods with regional parks and the Mississippi River. must do so in writing and must give the reasons for the denial. Mr. Soderholm addressed more • specifically what the Zoning Committee and the Planning Commission must do. �#03-322-886 Craia & Tracy Nlulholland - Rezoning from B-2 Community Business to B-3 Generai Business to allow outdoor sales. 615 St. Anthony, NE Corner at Dale. (Allen Lovejoy, 65I/266-6576) Commissioner Field stated District 8 recommends denial of the rezoning and approval of the Conditional Use Permit. No one spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended denial on a vote of 7-0. MOTION: Commissioner FieZd moved the Zoning Committee's recommendation to detzy the rezoning. The �notion carried unanirnousZy on a voice vote. #03-316-896 Crais & Tracv blulholland - Conditional Use Permit for outdoor sales of sporting equipment, fresh produce, designer clothes, fireworks and food concessions. 615 St. Anthony, NE corner at Dale. (Allen Lovejoy, 651 /266-6576) Commissioner Field stated District 8 recommends approval of the Conditional Use Pernut. No one spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recomn�ended denial on a vote of 7-0. iviv i iu'�i�: �ommissioner Fieid moved the Zoning Committee's recommendalion to deny the Corditional Use Permit. The motion carried unanimously on a voicz vot2. • NEW BUSINESS 03-337-730 International Academv of Mimiesota - Deternunation of Similar Use to ailow a private junior high boarding school operated by a for-profit corporation. 325 Dayton Ave., NW comer at Farrington. (Allen Lovejoy, 651/266-6576) Commissioner Field stated District 8 recommends approval. One parry spoke in support. No one spoke in opposition. The public heazing was closed. The Zoning Committee recommended approval on a vote of 7-0. MOTION: Commissioaer Field moved the Zoning Committee's recommendation to approve the Deterrrzinalion of Similar Use. The motion carried unanirnously on a voice vote. 03-337-433 Minnesota Humanities Couunission - Conditional Use Permit for rental hall/reception hall. 987 Ivy Ave., between Forest and Earl. (Allen Lovejoy, 6�1/266-6576) Commissioner Field stated District 5 recommends approval. One party spoke in suppoR. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval of the Conditional Use Pemut with conditions on a vote of 7-0. D�IOTION: Commissioner Field moved the Zoning Comrrcittee's recoFnrrzendation to approve the Conditional Use Permit with conditions. � oy- �9 • �� CJ XII. Adjournment 1�Ieeting adjoumed at 9:22 a.m. Recorded and prepared by Mary Bruton, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul PED\Bmtoa\Minutes\September 12, 2003 Approved��� Z (Date) /�� -2- g�t/ytJdg�� George 7ohns n Secretary of the Planning Commission Respectfully submitted, oy-l9 MINUTES OF THE ZONING COMMITTEE • Thursday, July 31, 2003 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 Wesf Kellogg Boulevard PRESENT: Alton, Anfang, Faricy, Gordon, Kramer, Mejia, and Morton EXCUSED: Field STAFF: Allen Lovejoy, Carol Martineau, Ailan Torstenson, and Peter Warner The meeting was chaired by Commissioner Kramer. Craig & Tracy Mulholland- 03-322-886 - Rezoning from B-2 Community Business to B-3 General Business to allow outdoor sales . 615 St. Anthony, NE corner at Dale. Allen Lovejoy presented the staff report with a recommendation of approval for the rezoning. Mr. Lovejoy also conveyed that District 8 requested a layover so that they may co�sider the rezoning. At the question of Commissioner Kramer, Mr. Lovejoy stated that the applicant has used the site for this purpose already. At the question of Commissioner Faricy, Mr. Lovejoy stated the station area plan will be completed in approximately four months. The station area pian will mainly discuss this area as a gateway site. he question of Commissioner Mejia, Mr. Lovejoy explained that the general business district is intended to rovide sites for more diversified types of businesses than those in B-1 and B-2 and it is intended for locations along major traffic arteries or adjacent to community business districts. B-3 is a general commercial district which means virtually every commercial use is allowed. The difference between B-2 and B-3 is automobile related uses, things that generate more tra�c and have more potential impact on the neighborhoods are not allowed in B-2. At the question of Commission Morton, Mr. Lovejoy stated this was not spot zoning because of its proximity to the freeway and the frontage road makes the zoning appropriate for B-3 types of activities. University at Dafe Street is becoming a community/retail activity which makes it ideal for B-3 zoning. Tracy Mulholland, the applicant stated they were working with the District 8 community council and they were open to them and the neighborhood has no objections to them being there. At the question of Commissioner Faricy, Ms. Mulholland stated the hours of business wouid be 10:30 a.m. to 5:30 p.m from May to October for sales. At the question of Commissioner Gordon, Ms. Mulholland stated she would like to do outside sales because the tools are located inside the shop that take up the whole area. At the question of Commissioner Kramer, Ms. Mulholland stated she needs to sell the produce and the other types of sales listed. � n further discussion Commissioner Alton moved to lay the case over until September 4, 2003. missioner Mejia seconded the motion. • Zoning File # 03-322-886 July 31, 2003, Minutes Page 2 The public hearing is closed. Commissioner Alton moved to lay over the rezoning. Commissioner seconded the motion. Adopted Yeas - 7 Nays - 0 Drafted by: Submitted by: Approved by: ' t�� �� t�r` �t� �> . Carol Martineau ��~� Allen Lovejoy / Richard �ram Recording Secretary Zoning Sectio � Chair r C� o�- �9 ZONING COMMITTEE STAFF REPORT • FILE # 03-322-886 1. APPLICANT: Craig and Trecy Muiholland HEARING DATE: July 31, 2003 2 TYPE OF APPLICATION: Rezoning • 3. LOCATION: 615 St. Anthony Avenue, northeast corner at Dale Street 4. PIN & LEGAL DESCRIPTION: 36-29-23-32-0077, LOTS 16 THRU 19 BLK 11 OF THE MACKUBIN AND MARSHALL'S ADDITION TO ST. PAUL 5. PLANNING DISTRICT: 8 PRESENT ZONING: B-2 6. ZONWG CODE REFERENCE: §64.400 and Minnesota Statutes 462.357 7. STAFF REPORT DATE: July 24, 2003 (revised 8/28/03) BY: Allen Lovejoy 8. DATE RECEIVED: June 25, 2003 DEADLINE FOR ACTION: August 23, 2003 A. PURPOSE: Rezone B-2 (Community Business) to B-3 (General Business), related to an application for a conditional use permit for outdoor sales of sporting equipment, fresh produce, designer clothes, fireworks and food concessions (File #03-316-896). B. PARCEL SIZE: 21,094 square feet C. EXISTING LAND USE: Old gas station used for construction repair and maintenance storage. D. SURROUNDING LAND USE: To the southeast, south and southwest is the I-94 freeway corridor. To the northeast and east are four multi-family buildings containing a total of 73 units. To the north is a vacant lot. And to the west across Dale St. is a B-2-zoned parcel. E. ZONING CODE CITATION: §64.400 of the Zoning Code provides for rezoning of property by the City Council pursuant to the provisions of Minnesota Statutes 462.357. F. HISTORY/DISCUSSION: Only history to be found is a sign variance for Naegle Outdoor Advertising in 1984 G. DISTRICT COUNCIL RECOMMENDATION: The District 8 Summit University Planning Council recommends against rezoning the property from B-2 to B-3. However, The District 8 Council also recommends approval of a Conditional Use Permit for the proposed outdoor sales. H. FINDINGS: 1. The applicants, Craig and Tracy Mulholiand, are seeking a rezoning from B-2 • (Community Business) to B-3 (General Business) so that they may legally operate an outdoor sales faci�ity. A consent petition is not required for rezoning from a business classification to another business classification. Zoning File # 03-322-886 Zoning Committee Staff Report Page 2 2. The proposed rezoning is not inconsistent with the Land Use Plan for the area. However, a"statio� area plan" centered at Dale and U�iversity, including the subject property, is anticipated to be completed by the end of 2003. It will have specific land use recommendations that may or may not effect the subject property. 3. The prominence of the site at the entrance to the neighborhood suggests that appearance of deveiopment is critical to the character of the neighborhood. Because a conditional use permit is required for outdoor sales in the B-3 zoning district, conditions of the permit can ensure that outdoor sales here will not be detrimentai to the area, including a requiring a site plan that considers such things as striping and location of parking spaces, elimination of the curb cut off of Dale Street immediately north of the intersection with St. Anthony Avenue, and landscaping of the site given its prominent nature as at the point of entry into the neighborhood to the north. STAFF RECOMMENDATION: Based on findings above, staff recommends approval of the application of Craig and Tracy Mulholland to rezone property at 615 St. Anthony Avenue from B-2 (Community Business) to B-3 (General Business). � . • --- - o�f �9 PETITIOtd TO AMEND TNE ZONING CODE Depart�rreezt af Planning and Ecanomic Development Zaning Section I400 Ci[y Hal[Anner 25 West Faurth Stred SaintPau� MN SSIO2-I634 (65l) 26�6589 Property APPLICANT r+aaress �'1T � — D�N � � �%I i City.���/ St.��ZiP_`�q�� DaytimePhone Contact Person (if different) Phone PROPERTY Address 1 location 5��� �`'�", � LOCATION Legal Description lD�� �-}�, �f�r CS3� � �o �'lrt 1 , � - � � (attach additional sheet if necessary) Zoning � ) — TO THE HONORABLE MAYOR AND CITY COUNC�L: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, ��Q �T�� ��"��� ��C� owner p of land proposed for rezoning, hereby petitions you to �one the above described property from a J7°Z �)�i �Ss zoning district to a� 3�� S�+�S S zoning district, for the purpose of: (attach additional sheets if necessary) Attachments as required: ❑ Site Plan � Consent Petition Ci � � G- r � �0 °� �-ZS-o3 � Affidavit Subscribed and sworn to before me this o� � day : 20�. Notary Public " By: Fee O ner o Prope vtps MNOp �b3N1� V'�y�tld,ttlVldr � v ioaya •�,.,.�...�' Page 1 of SPECIAL CONDITION USE PERMIT APPLICATION Department of Planning and Economic Development �oning Sectzon 140o cuy aau a,�nex 25 West Fourth Street Saint Paui, MN SSIO2-I634 {651j266-6589 APPLICANT ..uurnas�l � — 1"�[u C.IY�/ Y�llljl? F�� � $t. T Name of Owner (if differen4)_ ss°° ����� Daytime � Contact Person (if different) Phone Address/Location (p� �'j� .R��_ � � �� n�� ' m � PROPERTY � t' LQCATtON _ Legal Description � °. - ------ � rL�� 1� �1V ' - - il < (attach additionai s eet'rf necessary) �� 2oning�_ 36 ��i 2 33Zoo�? TYPE OF PERMIT: Appiicatior�.is hereby made undec prouisions of_Chapter � Section -� Paragraph�_ of the Zoning Cbde far a: � — �Speciat Condition use Permit ❑ Modification of River Corridor Standards � River Corridor Conditional Use Permit ` � SUPPORTING INFORMATION: Suppiy the inforr�ation that is app(icable to your type of permit: -' - - '(attacfi additional sheets if necessary) _�PECIAL CONDITfQN USE: Exp�ain how the use wiq meet each of the speciaf conditions. • RtY/ER CORRIDOR EONQITIONAL USE: Described fiow the use will meei the appficable conditions. . MODIFICATtON OF RIVER CORRIDOR STANDARDS: Eacplain why modifications are needed. W�.. wocJd lt-rz. `-�D hc��e.. A S�Ci(�..,1 L'LSr1�, tAS�' pe,�-r,�. -�,,' �'d� So. is..o . v.�.. l-�v� �h��} � r d�-Pfl-es,-1- �p�uc�s �a se.�.-t- . �\�, �-�-m � rc��se. s��crn�, ber me.tcx �c�-�-hex p�duc2 1 h� � se� c� ��c� , L oxe, �cr� -i� cxdd vo-Q,�.�. -- tz� t`� pr�',pe�--k� �. l�2 �'e�-rr� o�ecerYF- ��� �a�S C� o. -�a�.r prtc�, l�-� ��a t� v2x-� u-,�c�,.�ed ur, a�..� cx� �or �� . � t�x�d t Li� o.�'w� �`l� b.�{ rv7ar� , ro,- - , �r \� , l� wo�,.Qd ic�e. o+�-�. o� �=o ssAQ. . C� �� sZm -F�� ' LO �.�, q o�t . Se�' �a..ak� s-ta�ed �-� �. re�led o.�eas± � �� c�o �-�-�. � �' Required site plan is attached G�' � 2 j�� �� ( ApQlicanYs Signatur Date � . City Agent o�l � 9 Summit University Planning Council Building a Better Community 627 Selby Avenue Saint Pau1, MN 55104 Phone:651-2?3-1855 Faz:651-2?5-1108 distciciS�.�tcposC.com <1ll�°l1SY ��, ���� Attu.: Allen Lovejoy Department of Planning and Economic Development — Zoning Section 1400 City Hall Annex 2� West Fourth Street Saint Paul, MN 55102 - 1634 RE: Rezoning ; Conditional Use Permit - 615 St. Anthony Avenue Dear Mr. Lovejoy: The Summit-Universiry Planning Council (SUPC) — District 8 received notification of the above noted Conditional Use Permit Request for the properry at 615 St. Anthony Avenue on June 11, 2003 and subsequently amended notice on July 3, 2003 of the Proposed Zoning Change. The Purpose of the Notification included: `Bezoning from B-2 Community Business to B-3 General Business and Conditional Use Permit to allow outdoor sales of sporting equipment, fresh produce, designer clothes, Sreworks and food concessions". The SUPC Neighboxhood Development Committee reviewed the proposed rezoning from B-2 to B-3 at its August 19, 2003 Meeting. The Neighborhood Development Committee had earlier recommended approval of this Conditional Use Permit Request at its July 10, 2003 Meeting, but the SUPC Board had determined tt�at the Proposed Zoning Change needed to be considered as well before it coutd make its recommendations. 550= notices of this Agenda item were distributed throughout the community. 18 community residents and a�ency representatives attended the Community Meeting on August 19, 2003 and public comment was solicited. The applicant was present and briefly summarized the proposed outdoor vending proposal. She reassured the attendees present that she has no intention of selling the properry and is committed to being an active community member and steward this corner of the neighborhood in a responsible and sociatly conscious manner. Discussion occurred regarding the support of those present for her outdoor vending activity, but it was unclear to both the applicant as well as the community members present why a zoning change was necessary from B-2 Community Business to B-3 General Business in order to accommodate her "modesY' homea own outdoor vending business. The recommendation of the 1�Teighborhood Development Committee was to reaffirm its approval of the Conditional Use Permit as determined on July 10, 2003, but to recommend the continued zoning of B-2 Communiry Business as the context for the Special Conditional Use Permit (SCUP). The SUPC Board reviewed the matter at its Au�ust 26, 2003 Meeting and noted that Conditional Use Pzrmits have been used to permit similar proposals without requiring a zoning change. Also it was pointed out that PED is currently involved in a 40-acre study of the area as part of the TOD initiative at Dale and University and a zoning change at this time seemed premature. The SUPC approved the recommendation of the Nei�hborhood Development Committee to support a Conditional Use Permit for the applicant to conduct her community vendor business at 615 St. Anthony Street without a change i� zonin� from B-2 to B-3. Thank you for your anticipated to contact ou�office. Jr., Ph.D. matters. If we can be of any further assistance, please do not hesitate Reverend DarrylSpence Chair, Summit-Universiry Planning Council — District 8 Attachment: Neighborhood Development Com�jfiee letter 07/28l2003 cc: SUPC Board of Directors; Joel Spoonheim; Paul Dubruiel � tFYd u sA,x +v - xo 'asnr -.w �Aa mwd - Nn � m �-w�r -�.. � n �F.00v+ �a - n v=woe ^ � m w � � � w,e � a zo»e�w� 's��o�m�i m�����a,,..,, - �u� •sa{o�oossy �y — 7 H�7t7 "��=4 �tld�b� �"�s� � cY� Oi��`°� z- � J N 0 Z � Z � � 0 � ���i�H� ruo uina as srrv ,ts sTs �hzzon'rdn dF��OI �[ZIS SITE PL!}N[ � .... ,.. ..., ama � \ ¢ j o N � � 2I3I^I230.3 � � o � o aa �s �^o }= a- �` g=1�= Sv6N1trEC 6Y RPPLItqNT F � ��m z °� � , � X z X �` x— V � � � � ���� — I � I � I � � �-- =�a =-� � I � �� � � 0 � � � g W W '6 � s `� o � �� x � � – � �x � a � � W �° � _ 2 ^ Za \ _ V � �, � N Y!V m V 0 w W �p � O I W ¢ 2 � Q ^ O O /� N I V 1 � �� r�i ����x ! � �3 � � �� � � � � � '""� 1 �j � � Ix � � � m_ � �� � ma S A c5 � 0 � �—� '' O ,g `n - � � � 6 ! 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