04-865Council �'ile # ^ v`�+�
Resolution #
Green Sheet #.� �� � D��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
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Committee: Date
WHEREAS, Mac Khoa, in Zoning File 04-082-749, applied for an Eniargement of Nonconforming Use
Permit to allow outdoor auto sales at property located at 1007 Arcade and legally described as S100 Ft of
Lots 1 and Lot 2, Blk 11 Arlington Hilis Addition to St. Paul 40/45 thru 49, (PIN) 29-29-22-14-OA'10; and
WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public
hearing on June 24, 2004, upon giving proper notice and in which all persons appearing were given an
opportunity to be heard and, at the cfose of the hearing, voted to recommend denial of the Eniargement of
Nonconforming Use; and
WHEREAS, on July 2, 2004, the Saint Paul Planning Commission based upon all the records and
files before it and the recommendation of the Zoning Committee, moved to deny the Enlargement of
Nonconforming Use based upon the following findings of fact as set forth in Planning Commission
13 Resolution No. 04-63:
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The applicant currently operates an auto body shop in the building at 1007 Arcade. The approved
site plan and license for this business limit the number of cars in the parking lot to 17. The current
operation has two repair stalls. The parking requirement for the auto body shop is calculated at one
space per 275 sq. ft. of gross floor area (12 spaces) pius one for each service stall (2) for a total of 14
spaces. The applicant is proposing to also seil used cars on the lot. An additional space would be
required for the outdoor sales area, for a total of 15 required spaces. The site plan shows 9 spaces
set aside for auto sales display area and only 8 spaces for customer and employee parking.
Auto body repair is first permitted in the 11 zoning district; outdoor auto sales is first permitted in the
B3 district. Neither auto body repair nor auto sales is permitted in the TN2 district.
3. §62.109(d) Enlargement of nonconforming use states that `Yhe planning commission may permit the
enlargement of a nonconforming use if the commission makes the following findings:"
1. The enlargement will not result in an increase in the number of dwelling units; This finding is met.
No dwelling units exist currently, and none will be created.
2. For enlargements of a structure, the eniargement wili meet the yard, height and percentage of lof
coverage requirements of fhe district This finding is met since no enlargements to the building
are proposed.
3. The appearance of the enlargement will be compatible with the adjacent property and
neighborhood. This finding is met. The appearance ofi the use will not change substantially, and
will be similar to other business property.
4, Off-street parking is provided for the enlargement that meets the requirements of section 63.200
for new structures. This finding can be met. As stated in Finding 1, both uses wouid require 15
spaces and the lot contains 17 spaces. However, this feaves only two spaces for dispiay of
vehicles for sale. The applicant proposes 9 spaces for dispiay of vehicles for sale, which leaves
only 8 spaces for customer and empioyee parking, 7 short of the 15 spaces required. Therefore,
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under the applicant's proposal, this finding is not met.
5. Rezoning the property would result in a "spoY' zoning or a zoning inappropriate to surrounding
land use. This finding is met. Most of Arcade Street was recentiy rezoned to TN2, and the
property would need to be rezoned to 11 to make the uses conforming.
6. After the enlargement, the use will not result in an increase in noise, vibration, glare, dusf, or
smoke; be detrimental to the exisfing character of development in the immediate neighborhood; or
endanger the public health, safety, orgeneral welfare. This finding is met. Vehicle sales will not
result in increased noise, vibration, or other detrimentai impacts. Outdoor vehicle sales will also
not be detrimentai to the existing character of development in the immediate neighborhood, nor is
it likely to endanger the public health, safety, or general welfare.
7. The use is consistent with the comprehensive plan. This finding is met at this time. The Land Use
Plan supports a mix of uses at neighborhood commerciat centers, and the buiiding and lot
generally meet the design guidelines of buildings out to the sidewalk and parking lots to the side
of the building. However, the Arcade Commerciai 40-acre Study, which resulted in rezoning much
of Arcade to TN2 indicates a desire on the part of the community to reduce the amount of auto-
related business on Arcade.
8. A notarized petition of two-thirds of the property owners within one hundred (100) feet of the
property has been submitted stating fheir support for the enlargemenf. This finding is met. The
petition was found sufficient on May 6, 2004: parcels eligibie:14; parcels required: 10; parcels
signed: 10.
The application for a permit shall include the petition, a site plan meeting the requirements of section
61.400, floor plans, and other information as required to substantiate the permit This finding is met.
All of the required information has been submitted.
§ 65.706 lists the standards and conditions for the sale of secondhand vehicles:
(a) The lot or area shail be provided with a permanent, durable and dustiess surface, and shali be
graded and drained so as to dispose of all surface water accumulated within the area. This
standard is met. The existing lot is paved.
(6) Vehicular access to the outdoor sales area shali be at least sixty (60) feet from the intersection of
any two (2) streets. This standard is met. The driveway is approximately 60 feet from the
intersection with Lawson.
(c) No repair or refinishing shali be done on the lot uniess conducted within a completely enciosed
building. This applicant has a building in which to repair vehicles, and must agree to this standard.
(d) The minimum lot area shall be �fteen thousand (15, 000J square feet A site plan shall be
submitted showing the layout of the vehicles for sale or rent, empioyee parking, and customer
parking. This standard is not met. The lot area is only 8,200 sq. ft.
(e) In the case of pawnBrokers. ... This standard does not apply since the applicant is not a
pawnbroker.
WHEREAS, pursuant to the provisions of Saint Paul Legislative Code §61.702, Mac Khoa duly filed
an appeal firom the determination made by the Planning Commission and requested a hearing before the
City Council for the purpose of considering actions taken by the said Commission; and
WHEREAS, acting pursuani to Saint Paul Legistative Code §61.702 and §61.704 and upon notice to
affected parties, a public hearing was duly conducted by the City Councii on August 4, 2004, where all
interested parties were given an opportunity to be heard; and
WHEREAS, The Council, having heard the statements made, and having considered the application,
the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning
Commission does hereby
RESOLVE, that the Council of the City of Saint Paul does hereby affirm the decision of the Planning
Commission in this matter based upon the following findings of the Council:
1. The Council finds no error in the facts, findings or procedures of the Planning Commission in
this matter, and accordingiy, adopts as its own the findings of the Planning Commission as
b�k- gc�5
97 contained in Planning Commission Resolution No. 04-63 in this matter.
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99 AND BE IT FURTHER RESOLVED, that the appeai of Mac Khoa be and is hereby denied; and be it
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101 FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Mac Khoa, the
102 Zoning Administrator and the Planning Commission.
By:
Approved by
By:
Requested by Department of:
Plann' onomic Develo ment
�
B
Approved by Financial Sesvices
By:
Form Approved by City Attorney
3y:
by
3y'
Adopted by Council: Date 7"UM� �d��
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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--�-�-�--..__...�.___.._... ----- -------
PE — P��ng&EconoimcDevelopment i,�-A�� ; Green Sheet NO: 3021804
Contact Person 8 Phone:
Patricia James
26E6639
must ee on
01SEP-04
Totai # of Signature Pages
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Assign
Number
Fw
Routing
Order
ueoarvnenc
2 !C"lv Attome � Citv Attoroev �� p'L���
3 ilNavaYs Office MavodASSistant
4 ouncil � CiN Council
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(Clip All Loptions for Signature)
Approve resolution memorializing City Council action to deny the appeal of Mac Khoa and uphold the Planning Commission's denial
of an Enlazgement of Nonconforming Use Pernut to allow outdoor auto sales. Public hearing held August 4, 2004.
Recommendations: Approve (A) or Reject
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personffirm ever worked under a contrad for this departmenY?
Yes No
2. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
I initiating Problem, Issues, Opportunity �Who, What, When, Where, Why): � .
Mac Khoa owns a legal nonconforming auto body shop at 1007 Arcade. He requested an Enlargement of Nonconfomung Use Pemrit to
I also sell caxs at this location. The Plamvng Commission denied this xequest, and he appealed to the Ciry Council, who upheld the
I Planning Conunission and denied the appeal.
I
AdvantaaeslfADnroved:
City Council intent to deny is fmalized.
Disadvantapes If Approved:
None.
Disadvantages If Not Approved:
Ciry Council action will not be completed.
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Total Amount of
Transaction:
Fundinp Source:
� Financial infortnation:
� (Explain�
CastlRevenue Budgeted:
Activitv Number:
AUG 2 5 2D04
MAYOR'S OFFICE
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
MartkaG.Fui[er, DirecLar
CITY OF SAINT PAUL
Randy G Kelly. Mayor
July 21, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul. Minnesota 551�2
Dear Ms. Erickson:
o�-S�aS
�
Te[ephone: 651-?66-6700
Facsimde: 6�1-?38-321D
� �Y"i GnC/�Ar(„�i ��^!n(
Gc,!
JUL 2 � 20Q�
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 4,
2004, for the following zoning case.
Zoning File Number: 04-121-553
Appellant: Mac Khoa
Address: 1007 Arcade, belween Lawson and Jenks
Purpose: Appeal of Planning Commission denial of Enlargement of Nonconforming
Use Permit to allow outdoor auto sales (Zoning File # 04-082-749)
Previous Action:
Zoning Committee Recommendation: Denial, 5- 0 June 24, 2004
Planning Commission Recommendation: Denial, 12-0-1 (Mejia abstaining), July 2, 2004
I have confirmed this day with Councilmember Bostrom's office. My understanding is that this public
hearing request will appear on the agenda for the July 28, 2004, City Council meeting and 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.
Sin rely,
_ r'�
Patricia James
City Planner
cc: File #: 04-121-553; 04-082-749
Appellant: Mac Khoa
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
25 West Fourth Street
Saint Paul. MN �310?
xarccE oF rus�c x�nanvc
Tne sainc raul�co,mc� wiu con-
duct a public fiearing on Wedneaday, Au-
giist 4, 2004, at 5:30 p.m. m the City
Council Chambers,"Third Floor, City Hall,
to consider the appeal qf Mae Khoa to a
decision of the Plazining Commission de-
aS.'�rpnlx a �nentpf'BIIOIIC01lFOTm'noU82
permit to allow outdoor auto sales at 1007
Arcade�Street (6etween Lawson and
Jenks).
Dated: July 22, 2004 '
MAKY ERICKSON. �
Assistant City Council Secreta "ry
(July 26)
81: PAUL IICGAL IEDGER
°12083640 '
L:Wmanda�Zomng�Pcdocs\CCdocs\04127-553aug4-04ecm.wpd AA-P.DA-eEOEmploye�
DEPARTMENT OF PLANNING
& ECONObIIC DEVELOPMENT
Martha G. Fu11er, Director
IrT
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AAA�1
CITY OF SAINT PAUL
Randy C. Ke1lY. Mayor
zs wese Pm„ah se,eez
SaintPaul, MNSSIO2
Iu1y 23, 20Q4
Ms. Mary Erickson
O�- 8�05
4
Telephone: 65I-266-6700
Facsimile: 65I-228-3220
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Re: Zc...rg F:?e �: �J4-:2:-553
Appellant: Mac Khoa
Address: 1007 Arcade, between Lawson and Jenks
Purpose: Appeal of Planning Commission denial of Enlargement of Nonconforming Use Permit to
allow outdoor auto sales (Zoning File # 04-082-749)
City Council Hearing: August 4, 2004, 5:30 pm., City Council Chambers
Staff Recommendation:
Dishict Council:
� Zoning Committee Recommendarion:
Support:
Opposition:
Planning Commission Recommendation:
Staff Assigned:
Denial
Denial
Denial, vote: 5 - 0
0 people spoke, 2 letters were received
0 people spoke, 3 letters were received
Denial, vote: 12-0-1 (Mejia abstaining)
Pahicia James, 266-6639 „{�ll�r�
- U (/
Attachments: Appeal application
Planning Commissian letter of denial and resolution
Planning Commission minutes, July 2, 2004—�
Zoning Committee minutes, June 24, 2004
Correspondence received
Staff Report packet
cc: Appellant: Mac Khoa
Ciry Council Members
District Council: 5
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Wamer
•
AA-ADA-EEO Empioyu
SqINT
PAUL
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APPLICATlON FOR APPEAL
DeParhnent of Planning and Economic DeveZopment
Zoning Section
I400 City HuII Annex
25 West Fourth Street
SaintPaul, MNSSIO2-Z634
(65Z} 266-6589
APPLICANT
PROPERTY
LOCATION
�
Address /
Zoning Fil�
�_Z�p �]�� 1 f3 ' Daytime
TYPE OF APpEAL: Apptication is hereby made for an appeal to the:
� Board of Zoning Appeais �Clty Councii
Under the provision of Chapter 64, Section Paragraph of the Zoning Code, to appeai a
decision made by the
�'/
of decision)
20 0 y . File Number: ��! � G Q Z� ���
GROUNDS FOR APPEAI: Euplain why you feel there has been an error in any repuirement, permft, decision
or refusal made by an administrative official, or an error in fact, procedure or
find'+ng made by the Soard of Zaning Appeals or the Pianning Commission.
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• July 16�', 2004
To the Council,
My name is Mac Khoa, the owner of the car body shop at 1007 Acarda St., Saint
Paul MN 55106. I bought this shop on February 2003 and applied for the permits
for worlang on car bodies and for selling used cars. I was told by the zoning
officer, Mr. Lawrence, that I would have to wait a few months for the selling
permit.
17uring Fe"bruary 2002 and February 2004, I stopped at the pernut office a few
times to check on the pernut, and it was unavailable. On February 2004, I met Mr.
Lawrence and explained that I needed the pernut to sell only 2 or 3 used cars that
I was planning to buy and repair on my existing parking lot. Mr, Lawrence gave
me an "Enlargement Nonconfornung Use Permit" form to fiil out. I then met the
planning officer, Mr. Paul, and his manager, Mr. Allan, to explain that without the
pernut, I would have to wait for months to get the title for cars that I needed to
� sell. Then I was given a list of 14 addresses surrounding my sho� that I needed
approval from for selling the used cars in my parking lot.
On April 2004, I submitted the list of 10 owners who signed the list, paid the fees,
and were waiting for the hearing scheduled for May 13, 2004. Unfortunately, I
had heart surgery on May 8�', and the hearing was postponed until June. On June
18`�, Mrs. Patricia 7ames called to inform me that my application was not approved
due to lack of space on my parking lot for selling 9 cars. I explained to her that I
only asked for a pernut for selling 2 or 3 cars. I met Mrs. Patricia James on J�ne
22n to give her a memo and a map of the lot to confirm my intention.
However, my applicarion was rejected at the hearing on June 24�'. At the hearing, I
found that the map af the parl�ng lot displayed was not correct.
I have written this memo in Vietnamese to more clearly explain the events leading
up to and including the hearing.
� I ask the City Council to reconsider my applicarion. According to Section 4 and
0�-2��S
4(4) of the Planning Commission Resolution:
"14n additional space wouZd be required foY the
outdoor sale area for a total of I S required spaces. "
My parking lot has 171ots. In addition, the lot is I5,000 square feet. I have
wimessed many other much smailer car lots for selling used cars:
( the list - see hand writing copy)
I believe I have met the requirement of legislative ccide 62.109. In addition, during
the years leading up to 1997, I had permits to work on car bodies and to sell used
cars at this shop.
I appreciate your consideration.
Sincerely,
Mac Khoa
�
�
�
Page 1 of 1
Patricia )ames - Translation
� - �� OS�-&�.�
• From: Dan Nguyen
To: Dubruiel, Pau!
Date: 7/27/2004 2:42 PM
Subject: Transfation
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DEPARIMENT OF PL4�TIIIvG
& ECONOVIIC AEVcLOPMENT
SusanXfmberl�, Director
0�-865
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CITY OF S�NT PAUZ
Rcncy C .'tzPy, Mayor
July 2, 2004
Mac Khoa
89� Palace Avenue
Sf. Paul, MN 55102
RE: 7pnin Fji ft 04-Q82-74to
Attn. (�1ac Khoa:
v�aC �ii0a'
Z.i 'Fer! Fou .F. Sdee! Te?ennorze.� 65?-2656700
�ancpc.el.MNi51G2 Facrimiie:6.i1-228-}_l20
On April 23, 2004, you applied for an Entargemenf of Nonconforming Use Permit to ailow
outdcc, auto sales at � C^v7 Arcade Siraei. r=�ftsr a pub{ic hearing by thz Saint Paul Planning
Commission's Zoning Committee on June 24, 2004, the Commission voted to deny your
request on July 2, 2004. Enciosed is the Pianning Commission's resolufion stating its findings
and decision.
The Plarring Commission's decision may be appealed io th� Ci;y Cou;,cil by �iing an appeai
and fee ($415) within fifteen days of the dafe this letter is mailed (July 16, 2004). Appeals are
filed atfhe Zoning Counter 1 400 Citv I-{?II 4nn�X T}� 2 YY��* ; s���;� �� 5a�cu a;� what you
beliave to be an error of fact, finding, or procedure of fhe Planning Commission. Enclosed is an
appeai application.
Please call me at 651-266-6639 if you have questians.
1�n _ 15��,,
�
Patricia James
City Planner
Encfesures:
Resolution
ApP���ation for Appeal
cc: File # 04-0&2-?49
Zoning Administrator
License Inspecfor
District 5 Community Counci(
� Maii Date; July 2, 2004
nn-nan-�o �,taye�
o� �'��'
ci#y of saint paul
� planning commission resolutio�
file number �4-63
date July 2, Zook
W HEREAS, Mae Khoa, File # 04-082-749, has applied for an Enlargemenf of Nonconforming Use
Fermit to ailow outdoor auto sales under the provisions of §02.109(d) of fhe Sainf Pau1 Legisiative Code,
on property located af 1007 Arcade, Parcel identification Number (PIN) 2g-29-22-14-0110, lega(iy
described as S100 Ft of Lots 1 and 2, Bik 11 Arlingfon Hitls Addition to St. Paul 40/45 thru 49; and
WHEREAS, the Zoning Committee of the Planning Commission, on June 24, 2004, held a pub(ic hearing
at which all persons present wsre given an opportunify to be heard pursuant to said app(ication in
accordance with the requiremenfs of §61.303 of the Saint Paul legislative Code; and
WHEREAS, the Sainf Paui Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantiaily reflecTed in fhe fninutes, ma�e the follovving findings oi
fact:
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The applicant currenf(y operates an auto body shop in the building af 1007 Arcade. The approved
site pian and license for this business limiY the number of cars in ihe parking loi io 17. The currenf
operation has two repair stalls. The parking requirement for the auto body shop is calculated at one
space per 275 sq. ft. of gross flaor area (� 2 spaces) pius one for each service stall (2) for a total of
14 spaces. The appiicant is proposing to also seif used cars on the fot. An addifiona{ space would
be required for the outdoor sales area, for a total of 15 required spaces. The site pian shows 9
spaces set asicfe sates ar�a and only 8 snaces for customer and employee parkir,g.
Auto body repair is first permitted in the 11 zoning district; outdoor auto sales is first permitted in the
B3 district. Neither auto body repair nor auto sales is permitted in the TN2 district.
§62.109(d) Enlargement of nonconforming use states that "the planning commissian may permit fhe
enlargement of a nonconforming use if tl�e commission makes the fol(owing frndings:'
1. The enlargement will nof resu/t in an increase in the number of dwelling units;
This finding is met. �lo dN�elling units exist currently, and none witl be created.
2. For en/argements of a structure, the enlargemenf wiU meet Phe yard, height and percentage of
lot coverage requirements of the disfrict. This finding is met since no eniargements to the
building are proposed.
3. The appearance of the enlargement wi!l be compatib/e with the adjacent property and
neighborhood. This finding is met. The appearance of the use wifl not change subsfantially,
and wili be similar to other business property.
4. Off-street parking is provided for the enlargement that meets fhe requirements of section 63.200
fornew strucfures. This finding can be met. As stated in Finding 1, both uses wouid require 15
moved by �rt�
seconded by
in favor 14 -1 �SteIItion (Mejia)
�gainst
0�-8��
Saint Pau1 planning Cammissxon
C1ty Hall Conference Center
25 KeIlogg Boulevard West
Minutes of Jaly 2, 2004
P��
O�
A meeting of the Planning Commission of the City of Saint Paul was heId Friday, Juiy Z, 2004,
at 830 am, in the Conference Center of City HaIl.
Commissioners Mmes. Donnelly-Cohen, Zimmer Lonetti, McCail, Morton, and Trevino;
Present: and Messrs. Alexander, Aito
n, Anfang, Fotsch, Gordon, Johnson,
Kong, Krazner, NlazdeII, and Mejia
��mmissioners
Absent:
iVlmes• �raricy �Lu, a.ud'�porter; Messrs. �Coletta,*Dandrea, and'�Scott.
*Excused
ALso Present: Larry Soderholm, Planning Administrator; A,llan Torstenson, Nancy Homans,
Tom Beach, Pahicia James, Tony �chertler, aud Mary Bnrton, Deparfinent of
Pianning and Bconomic Development staff.
L Nr� �f T.�o 1$, 29�4, r�:�� �e a��r:,�� at a i<.t�r �'^u�e
II.
I!1
Chair's A.nnouncemenfs
Chair Johnson read a letter that was received from past Planning Commy�sioner Julie Shortridge
who wrote to thank tha p(an� Co�xSSion for the resolution that was passed Iast month
honoring her dedication and hard work as a member of the Planning Commission for the last
fiuee years.
Planning Admin�strator's Annormcements
Mr. So�erholn taL'�ed abo�_*_ �e �_a� Excursian ;as* wse�C aa3 his day ride on one oi tfie
paddie boats, the Celebration Belle, from Winona to I,ake Pepin.
Mr. Soderholm reported that the new Director for the Planning & Economic Development
Depaztment is Susan KimberIy and said he will be inviting her to speak to the Commission soon.
He noted the LRT line in Mmneapoiis has ��t begun operating,
He passed azouad a uew A�ericau planning Association Planning Advisory Service Report
tifled, "Codifying New ETrbanism: How to Reform Municipal Land DeveIopment Regulations. °°
The report, includes information about Saint Paui's TN Ordinance and has a chart of all tlie
cities (about IS cities azound the country) ti�at i�ave ordinances Iike Saint paui,
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V.
Tke mntion carried on a voice vote of I4-0 with I abstention (Meji¢),
#04-097-904 Shamrocks Grill - Detemunafion that the proposed outdoor restaurant is similar to an
accessory outdoor restaurant. NE Comer of W 7"` and Osceola.
(Patricia.Tarnes, 651/266-6639J
Commissioner Morton stated District 9 made no recommendarion. No one spoke in support.
One person spoke in opposition. The public hearing was closed. The Zoning Comuuttee
recommended approval with conditions on a vote of 5-0.
MOTION: Comrrzissioner Morton moved the Zoning Commiftee's recommendation to approve
the determination of similar use for the proposed outdoor restaurant with the condition that
perrnisszon for the use ends on December 3I, 2004, and can only be reestablished upon re-
application to the Planning Commission. TJz¢ motion carried unanimously on a voice vote.
Site Plan Review Process - Adopt resolution to streamline process to meet 60-day deadline.
(Adlan Torstenson, 651/266-6579)
MOTION: Commissioner Morton made a recomrrzendation to lay this case over to the Zoning
Committee on July 8` Chair Johnson stated he agreed this should be Zaid over to the next
Zoning Committee meetzng and said this is ¢ very complex matter sfating he just saw the e-
mail submitted by Commissioner Fotsch and hasn't had a chance to study it.
Commissioner Fotsch agreed to attend the next Zoning Committee meeting to take part in the
discussion.
Commissioner Morton announced rhe agenda for the Zoning Committee meering on July 8`�.
#04-108-964 Environmental Wood Su�nl �- Condi6onal Use Permit for outdoor wood recycling
center and for storage of materials and equipment not elevated on fill in the RC2 Flood Fringe
Overlay Dislrict. 2165 Pias Eye Lake Road, between the CP Rail, rail yazds and the Metropolitan
Waste Treatme�t Plaat. (Patricia.7ames, 651/266-6639)
#04-100-259 Hoc N�uven and Minh NQUVen - Review of Condifional Use Permit for compliance
with required conditions and decision on renewal of the permit. 380 Maryland, SW comer at
Western. (PutriciaTames, 651/266-6639)
Site Plan Review Process - Consider resolution to streamline process to meet 60-day deadline,
including amendments suggested at Planning Commission meeting on 3u1y 2 2004.
(AZlan Torstenson, 651/266-6579)
Comprehensive Planuing Committee
No report.
�
�� MiNUTES OF THE ZONiNG COMMfTTEE
Thursday, June 24, 2004 - 3:30 p.m.
City Counci( Chambers, 3rd F[oor
City Hail and Court House
15 West Kellogg Boulevard
PRESENT: Alton, Donnelly-Cohen, Faricy, Kramer, and Morton
ABSENT
STAFF:
Anfang, Gordon, Mejia
O ��
��
Patricia James, Carol Martineau (Mary Brufon), Allan Torstenson and Pefer Warner
The meeting was chaired by Commissioner Mor�on.
�
Nlac Khoa - 04-082-749 - Enlargemen# of Nonconforming Use Permit to allow outdoor auto sales. 1007
Arcade, between Lawson and Jenks.
Patricia James presented the staff report witfi a recommendation of denial for the Enlargement of
;vor�co��orrn�nS iJse. ��Rs. Ja�es stated a fax o� a revised pian was ieceived whicn states tne_ appiicanf wouid
be abte to carry out his business with 2 cars displayed for sale. He had originalfy asked.to have 9 cars
dispiayed for sale. Ms. James stated staff is finding that the enlargement wi(i not resuit in an en(argement or
increase t"e number of dweiling units; it is r�ot an en;argement of the sYrucfure; the erlargement is comaa��bie
with adjacent property; and at this time if only 2 spaces are permitFed as sales display area, the off street
parking requirement would be met. Rezoning woufd result in a spot zoning. The use is consistent with the
Comprehensive Plan_ However, the Arcade Commercia140-Acre Study that was adopted by the City Councit
discourages auto-refated uses by changing zoning to TN2. For outdoor auto sales there are a(so condifions
that need to be rTret as Rart af a canzlifronaf use parmit. These ConQitions"are mef with the eXceptidn of !of
area: a minimum lot area of 15,000 sq. feet is required and the applicanf has 8,200 sq. feet. Given �he revise�
site plan, if the Zoning Committee wants to recommend and the Planning Commission wants to approve this
pe„�; � for � or 3 sa�es sp:,.s, t�hey :VOL'I ^eed tc mcdifi� ,he 15,COC sq. fcot r�G�ir2�rent and find thai ihe loi
area is sufficient for this timited amount of auto sales, and that the modification would not impair the intent or
purpose-of thacondition,.and tqat it is consistent with-the generalwelfare of the comm�nity_ The Commission -
would aiso have to agree with tha appficant, that because of the extensive auto sales and auto body uses on
this lot in the pasf, and the fact that he now has to selt cars off site, fhat this creates a hardship for him and is
an inconvenience to him and his customers and so it makes the stricf application of the lot area condition -
unreasonable and prevents otherwise tawfut use of the property.
District 5 recommended denial. Two letters received in support, and three letters received in opposition. The
staff recommendafion is denial based on the lot area being smaller than 15,000 sq. feet.
Commissioner Kramer said fhe application that came in is for an enlargement of a nonconforming use and the
current nonconforming use is the auto body shop, but really what we are doing is adding a new nonconforming
use to this lot, so we would have two different nonconforming use.s, the auto body shop and a auto sa(es. Ms.
James stated yes that is right and said that having the two nonconforming uses would be an enlargement of
the existing nonconforming use. Commissioner Kramer said when the TN2 zoning was passed were there
findings that fhe Pianning Commission made fhat supported fhe change of zoning to TN2 and how do they
relate to this use. Ms. James stated that in the context of the pianning process, the committee that was
working on fhe Smatl Area Plan wanted to change the character of Arcade Street froin being a B3 auto-
oriented street to a more pedestrian oriented street, to make it more similar to Payne Avenue.
Mr. Atlan Torstenson stated that the_ intention of the task force was to make it less aufo-orienfed and more
neighborhood-, pedestrian-, and business-oriented. �
The appiicartt, Khoa Mac, 10d7 Arcade Street, Saint Paul, MN., stated at his business they restore the cars by
repairing and painting fhem for resale. He is applying for repair and sale of cars with 2-3 cars displayed.
vYiioiva �i:i� rne
�
D I S T R 1 C T
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June 23, 2004
C�2J 02
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a �� 0�-8� s
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F 1 V E P L A N N I N G C O U t�3 C I L
4'ayne-�'halen
Ms. Patricia. James
St. Paul Planning and Bconomic Development
1400 City Aall Annex, 25 West Fourth Street
Sain# Paul, MN 55102
Re: File # 04082-749 1007 Arcade District Five Plannine Council Recommendations
Dear Patricia James:
The Payne Phalen District Five Planning Council Board of Directors met on June 22"
2004 and has affinned the Community Planning and Economic Development (CPED)
Committee recommendations to oppose the Enlazgement of Nonconforming Use at 1007
Arcade. The Boazd wishes to have its vote on record in the considerarion of this matter.
We note that this agenda item was not heazd in May and was held over to the June
meeting at the applicanYs request.
vote was »nan;mous to deny support for tIus application.
The Community Planning and Economic Development (CPED) meeting was held on
June 14�' and was attended by a number of neighborhood residents. Three written
comments in opposirion to this applicarion were received and these are attached. The
primaty discussion points included paziQng concems and the high proliferation of auto-
related businesses on Arcade aad in District Five. Many people quesrioned whether there
was adequats room for customer, empioyee, and used caz pazking on tius lot. The
deliberations cited the well-documented community input and considerations for the
future developmenE of Arcade (40-acre study) and desires to enhance a divetse and
ttuiving commercial and residential corridor. People voiced concerns focused on the lugh
number of auto-related businesses on Arcade. There was reluctance to enlazge and
expand this auto-related business and use in this commercial corridor. The Committee's
Please contact me if you have any questions about this position or the I?istrict Five
Planning Council. Thank you!
Sincerel ,
�� ��%�
Ixslie McMurray u �
Executive Director(Organizer
CC: Paul Dubriel (PED)
1014 Payne Avenue
Saint Paul, Minnesota 55101
Tel# 651-774-5234 Fax# 651-77A-9745
e-mail: distrid5�gotast.net
ov��s
Re: Mac Khoa with enlazgement of Nonconforming Use Permit
File #p4-082-749
June 18, 2004
To: Saint Paul Planning Commission
R
✓�� F ��'�p
2Q��
MY �me is Paui K I ttte property owner of 809 Lawson Ave E, 100 feet
neighbor of Mac Auto Center.
I support Mac Auto Center in appiyin� enlazgemenY of Nonconfornung �Tse
Permit to ailow sate of few used cars (l,i�t 5�.s on dispiay).
His plan will not increase the number of dwelling un2ts. '�'�e ���� � not
c�ge, a'hich aiready have license for auto repair and auto body. 'I'fie use will not resutt
in increase in noise, vibration, dust, smoke, or be detrimental to the e��g ��.a�ter of
the development in the immediate neighborhood; or endanger the public heaith, safety or
generai welfaze_
Would you please consider and give Mac Auto Center permit to display for saie 5
used cars limit
Sincerely
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Paul LaI'o�te
26542 Enfieid Cir N--
Forest Lal;e, h�r 55025
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REC�IyEp
JUN � � 2��4
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Mac Khoa with enlazgement of Nonconforming Use Permit
File #04082-749
June 18, 2004
To: Saint Paul Planning Commission
My name is Richard Phillippi the previous owner of the property 1007 Arcade
Street St.Paul MN, 55106 (Eastside Collision Center). We did auto repair, body work,
pautting restore damaged cazs, and resale. I sold the body shop to Mac Khoa (Mac Auto
Center) on Feb 2003.
I support Mac Auto Center in applying for enlazgement of Nonconfonming Use
Permit to allow sale of used cars (Limit 5 cars on display).
His plan wili not increase the number of dwelling units. The structure wili not
change, which already has a license for auto repair and auto body. The use will not result
in increase in noise, vibration, dust, smoke, or be detrimental to the existing character of
the development in the immediate neighborhood; or endanger the public health, safety or
general welfare.
I strongly oppose the statement by Mazgaret Anderson (Kaxn Insurance Inc.)
because that is not true. She states that I flooded the streets with my cars. There was
always plenty of pazking during our business hours.
We have enough pazking for our business because we ha�e 17 permitted pazking
spaces; we also have 4 parking spots in front of Mac Auto Center with 15 min pazking
sign.
•
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Wouid you ptease consider and give a permit to display for sale 5 used cars Iimit
at Mac
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Re: Mac Khoa with enlazgement of Nonconforming Use Permit
File #fl4-082-749
June 18, 2004
To: Saint Paul Planning Commission
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My name is Wally Neison (Morrow Partners Inc.), the propertyowner of 1019
Arcade Street, 100 feet neighbor of Mac Auto Center.
I support Mac Auto Center in applying enlazgement of Nonconfomung Use
�
Permit to allow sale of few used cars (Limit 5 cars on dispiay).
His pian will not increase the number of dwelling units. T1ie structure wiil not
change, which already have license for auto repair and auto body. The use will not result
in increase in noise, vibration, dust, smoke, oz be detrimental to the existing charaeter of
the development in the immediate neighborhood; or endanger the public health, safery or
general welfaze.
VJould you piease consider and give Mac Auto Center permit to display for sale 5
used cars limit.
Sincerely
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7/27/04
KA!YI Insurance Inc.
1016 Arcade Street
St. Paul, l�i T 55106
City of St. Paul
Plannin� & Economic Devt.
1400 City Hall Annex
25 West Foutth Street
St. Paul, MN 55102-1634
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Re: 1007 Arcade — Mac Khoa request to enlarge nonconforming use permit
To Whom It May Concem:
My name is Margaret Anderson and I am the owner of KAM Insurance Lnc., the
business operating directly across the street from 1007 Arcade Street. I will not be able
to attend the appeal meeting for Mac Khoa. However, I am writing in vehement
opposition to Mac Khoa's proposed expansion of h?s use pe*ssri±. I support t�he Pla.-li-ung
Commission's findings of fact and ultimate decision.
I oppose this appeal on practical grounds and on public policy grounds.
.... .
- -----=--- - -- " --
�. As a Practical 1VIaf�es, E�nansion a*' #hs Permit FJ#II Disru�� Current
Busmesses
I have been in business at 1016 Arcade Street for over 35 years. I have witnessed the
negative effect a car dealership/mechanic's gazage has on this neighborhood and on
current businesses. Not only will it disrupt my business, but all other businesses in the
area.
a There is a Severe PaYking Crzsis in this NeiQhborhood
•
There are not enough pazkir_g sp�es avaiiable *_o acco�modate the current needs
of the neighborhood. This crisis will be amplified by the addition of vehicles for sale at
1007 Arcade.
Mac Khoa may arb e that the vehicles wiil be sold and stored on his properry
only, therefore, pazking will not be disrupted at other business. However, in reality, what
this means is that cazs being sold will be stored in his lot. All the vehicles that are
ordinarily stored in his lot (a parking lot which is currently, and has always been, filled to
capacity) will then be parked on the street. It is this same mistake that allowed the last
owner ta flood Arcade Street with vehicles. I constantly had vehciles parked in front of,
next to, and azound my building. Eventually, even cus being sold ended up parked on
Arcade, I,awson, and in my pazking lot at night.
The simple fact is that people visiting Arcade Street businesses and bazs need a
place to pazk. When there is no space on Yhe street, they park in my pazking lot. Keeping
cazs out of my parking lot has been an uphill battle for my entire tenure at 1016 Arcade
Street. Not only do I have to pay for the maintenance of a lot that is over used by non-
zb�c�aG �(/��
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customers, but I have also paid for damage to my building, si�s, and to customer cars as �
a result of this pazking problem.
b. 77xere are Too Many Car DeaZeYShiDS on the East-Side Alreadv
Literally almost every other block on Arcade Street has a car dealershiplmechanic
on the comer. This neighborhood does not need another. Another caz dealership does
not fill a niche or demand on the East Side. Instead, it will create additional competition
in an already saturated mazke� Such competition ineviYably leads to decreased revenues
for current businesses and a race to the bottom mentality that creates artificial pressure to
engage in unethical and illegal business practices to stay in business.
II. Esnandina tL�e Use Permit at 1007 Arcade Violates Pubiic Policv
a. Mac Khoa Knowin¢Iv Purchased Propertv Encumbered bv a Use
IZesiriction at a Pnce RefZecting that Encumbrance
When Mac Khoa purchased 1007 Arcade, he Irnew, or shouid have lrnown, he
could not sell vehicles on the property. This very fact greatly impacted the potential
bnyv:s ef *he p:o��rrty and Lhe p:ice eventuaLy pai�. Nevertheless, Mac T�{hoa gur�hased
the property. To allow him an extended use permit now would gi.ve him a windfall that
violates public poIicy and unfairly benefits him at a cost to the cotnmunity and Yhe former
owner.
b. ExtendinQ 1007 Arcade's Use Perrrit �il Lower P tTalues !
It is no secret that unsightiy car lots and dealerships lower area property values_
This fact was conclusively determined by a huge study conducted just a few years ago on
the East-Side. I�evertheless, this proposai is somehow before the CPED. Why did this
community pay for such a study if we are going to disregard its findings and make
exceptions?
Furthezmore, the parlan.g crisis on Arcade Street has also had a dramatic impact
on the properiy values of businesses in the area because it limits the type of businesses
that can be conducted heze. The Arcade street community should not be burdened with
fhese costs sinply to accor�moda�e aa ia�i��idua: wha acted Imo���gly and who paid a
pzice that fairiy reflected the liinited use of the property.
Thank you for your consideration.
Sincerely,
Maz � derson �-
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Re: 1007 Arcade — Mac Khoa request to enlarge nonconfomiing use permit
To Whom It May Concem:
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My name is Margaret Anderson and I am the owner of KAM Insurance Inc., the
business operating directly across the street from 1007 Arcade Street. Due to prior
engagements, I will not be able to attend the meeting tonight at the Ariington HiIls
Library (I azn attempting to find representative proxy). However, I am writing in
vehement opposition to Mac Khoa's proposed expansion of his use permit. I oppose this
proposal on practical grounds and on public policy grounds.
As a Practical Matter. Eanansion of the Permit Will Disrnnt Current
Businesses
I have been in business at 1016 Arcade Street for over 35 yeazs. I have witnessed the
negative effect a car dealership/mechanic's garage has on Yhis neighborhood and on
current businesses. Not only will it disrupt my business, but all other businesses in the
azea.
a. There is a Severe Parkin� Crisis in this Neiahborhood
There are not enough parlang spaces available to accommodate the current needs
of the neighborhood. This crisis will be amplified by the addition of vehicles for sale at
� 1007 Arcade.
Mac Khoa may argue that the vehicies will be sold and stored on his property
o�, thezefore, pazking will not be disrupted at other business. However, in reality, what
this means is that cars being sold will be stored in his lot. All the velucles that aze
ordinarily stored in his lot (a pazking lot which is currently, and has always been, filled to
capacity) will then be parked on the street. It is tkus same mistake that allowed the last
owner to flood Arcade Street with vehicles. I constantly had vehciles parked in front of,
next to, and around my building. Eventually, even cazs being sold ended up parked on
Arcade, Lawson, and in my parking lot at night.
The simple fact is that people visiting Arcade Street businesses and bars need a
place to pazk. When there is no space on the street, they pazk in my pazking lot. Keeping
cars out of my parlang lot has been an uphill battle for my entire tenure at 1016 Arcade
Street. Not only do I have to pay for the maintenance of a lot that is over used by non-
customers, but I have also paid for damage to my building, signs, and to customer cars as
a result of this parking probiem.
b. There are Too Manv CaY Dealerships on the East-Side Alreadv
Literally alxnost every other block on Arcade Street has a car dealershipfinechanic
on the corner. This neighborhood does not need another. Another car dealerslup does
not fill a niche or demand on the East Side. Instead, it will create additional competirion
in an already saturated market. Such competition inevitably leads to decreased revenues
�
b�}-�'�S
for current businesses and a race to the bottom menfaiity that ereates artificial pressure to �
engage in unethical and illegal business practices to stay in business.
II. Egpanding the Use Permit at 1007 Arcade Violates Public Policv
a. Mac A'hoa Knowinglv Purchased ProDertv Encumbered bv a Use
Restriction at a Price RefZectinQ that Encumbrance
When Mac Khoa purchased 1007 Arcade, he knew, or should have known, he
could not sell vehicles on the properiy. This very fact greafly impacted the potential
bayers ofthe property and fhe price eventuaIly paid. Nevertheless, Mac Khoa purchased
the property. To allow him an extended use permit now would give him a windfall that
violates public policy and unfairly benefits him at a cost to the commuuity and the former
owner.
b. Extending 1007Arcade's Use Pernzit Will Lower Propertv TjaZues
It is no secret that unsighTly car iots and dealerships lower area property values.
This fact was conclusively determined by a huge study conducted just a few yeazs ago on
the East-Side. Nevertheless, this proposal is somehow before the CPED. VJhy did this
community pay foz such a study if we aze going to disregazd its findings and make
exceptions?
Furthermore, the parking crisis on Arcade Street has also had a dramatic impact �
on the property values of businesses in the azea because it limits the type of businesses
that can be conducted here. The Arcade street community should not be burdened with
these costs simply to accommodate an individual who acted knowingly and who paid a
price that fairly reflected the limited use of the property.
Thank you for your consideration.
Sincerely,
Margaret Anderson
•
Page 1 of 1
dy- 8� 5
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Patricia James - permit file #04-082-749
�—�- '�-- �
From: "Lavonne Pasiuk" vpasiuk@tela.com>
To: 'Patrica James° <patricia.james@cistpaul.mn.us>
Date: 6/24/2004 224 AM
Subject pertnitfile�4-082-749
Attention Zaning Committee,
1400 City Hall Annex
As the Manager of the Polish American Club , I've been informed by my board of
directors and our general membership, to voice our dissapproval of the request of 1007 Arcade
to sell used cars . Mr Khoa has a limited amount of space as it is. The lot Mr. Khoa has, at this
time, has no area to store his snow in the winter. He has no space to house used cars,
repaired cars , handicap parking , or parking for his customers in the small spot he wishes to
use. It was our understanding ,fhat the planning commission and the City Councii, in the fall
of 2003 had meetings regarding the opperations of nonconforming use permits. included in the
list of businesses were ; Auto service stations, auto repair, auto sales (indoor and
outdoor),auto body, car washes,pawnshops,currency exchanges and adult uses. At that time,
the City Council adopted a moritorium to stop development that might be inconsistent with the
planning already undenr✓ay. Please consider the parking situation on Arcade for all of the
businesses. i would like to thank you for giving the Polish American C1ub the right to voice our
oppinion. RespectFully, LaVonne Pasiuk , Manager
Polish American Club
1003 Arcade St.
file://C:�Aocuments%20and%20SettingsUames�I,oca1%20Settings\Temp\GW}00003.HTM 6/24l2004
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Executive Director
From: BConstrl@aot.com
Sent: Friday, June 11, 200411:37 AM
To: d5-director((�visi.com
Subject: 1007 Arcade
We have a busi�ess at 974 Arcade and strongly oppose any more used car Iots o� Arcade St. The business in
question is currenfly constantfy unsightly.
Steve Holum
Benshoof Canst., Inc.
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6/23/2004
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Execufive Director
From: mszabelQmmm.com
Sent Monday, June 14, 2004 225 PM
To: d5-directorQvisi.com _
Subject: Nort - Conforming use permit
srtar2ooa
To the District 5 Planning Council,
t¢j V S
ay-��s
Unfortunately the Poiish American Club wili not be able to have representation tonight of the Planning and
Economic Development Committee
for the enlargement of the nonconforming use permif to ailow the business at 1007 Arcade expand to atlow
oufside auto sales.
The Polish American Club takes the posiGon of not supporting this expansion in following the City of St. Paul's
future zoning requirements.
Within the future zoning requirements it states that the future of the Arcade business corridor will not allow
Automobile repair / sales.
We understand that is always in the best interesE to support local neighboring business's and entrepeneurship.
But the Polisfi American Club and iPs
board members do not support this type of business for the future of the Arcade corridor.
By this maifing, please make this our statement of record for this expansion.
Best Regards,
The Board of Directors nf the PoGsh Ame�ican Club
PreSident
Mark S. Zabel
6/23/2004
DEPARTMENT OF PLqNNING
& ECONOMIC DEVELOPMENT
Martha G. Fu11a, Director
o�-8�s�
�
CITY OF SAINT PAUL
Randy C KeITy, Mayor
DATE: June 24, 2004
T0: Zoning Committee
FROM: Pafricia James�
44-082-749 Mac
15 rYertFounh Svee! Te?ephone: 6S?-266-67G0
Smr.. Paul, _LLV 55702 Facsimile: 65I -218-3220
The appiicant has submitted a revised request for outdoor auto sales. He has reduced
his request to two (three preferred) spaces for display area. A permit for two outdoor
sales display spac2s would fit within the zoning eode's parking requirements and satisf�j
the standard discussed in Finding 3(4).
The lot area is still less than 15,OQ0 sq. ft. Fo approve the Expansion of Nonconforming
L`se Permit ard perrrit oUtdoor saies area of iwo (or tnree,i spa,Ps, +c,a Di2nn�� �y
Commission mt�st modify the lot area requirement (which is one of the conditions for
hearing, may modify any or all special conditions, when � ic applrcation of s�ch
conditions would unreasonably limit or prevent otherwise lawfu( use of a piece of
property or an existing structure and would result in exceptional undue hardship to the
ViN/IEl - vf suc�r �,�u�ierty or siruciu�e; provided, that such modifrcation wi// not impair the
intent and purpose of such specia! condition and is consistent with health, morals and
genera! welfare of the community and is consistent with reasonab/e enjayment of
adjacent property.
In making fhis finding, the Pianning Commission must agree witfi tfie app{icant that the
lot area is su�cient forthis limited auto sales use because there is sufficienf parking on
the site and in front of his building, and that a display area of two or tnree cars will not
impair the intent and purpose of the condition and is consistent witfi the heaith, morais,
and general welfare of the community and is consistent with reasonabie enjoyment of
adjacent property. The Planning Commission must also agree with the applicant that
the extensive past use of this property for auto sales and the fact that the appiicant now
sells cars off-site, with delays and inconvenience fo him and his customers, indicates
that strict application of fhe lot area condition wouid unreasonably limit or prevent
otherwise lawful use of this property and wou4d resu{t 'sn exceptionaf undue hardship to
the business owner.
�
AA-ADA-EEO Employer
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ZONING COMMITTEE STAFF REPORT
FILE # 04-082-749
i• APPLICANT: Mac Khoa HEARING DATE: June 24, 2004
2• TYPE OF APPLICATION: Enlargement of Nonconforming Use
3. LOCATION: � 007 Arcade, beriveen Lawson and Jenks
4. PIN R LEGAL DESCRIP710N: 29-29-22-'140110, S100 Ff of Lots 1 and 2, Blk 11 Arlington Hilis
Addition to St. Paul 40/45 thru 49
5• PLANNINGD(STRICT: 5 PRESENTZONiNG:TN2
6. ZONING CODE REPEI2ENCE:§62.909(d); §65.706
7. STAFP REPORT DATE: June 17, 2004
8. DATE l2ECENED: Aprii 23, 2004
BY: Patricia James
DEADLiNE FOR COMMISSION l�CTION: June 8, 2004
A. PURPOSE: Enlargement of Nonconforzning Use Permit to aliow outdoor auto sales
8. PAi2CEL SIZE: 100 ft. (Arcade) x 82 ft. = 8,200 sq. ft.
C. EXISTING LAND USE: Auto body repair business
D. SURROUNDING LAND USE:
North: commercial and residential (i'N2)
East: office and reYail (TN2)
South: hali, commerciai (TN2)
West: school (RT1)
E. ZONING CODE CITqT10N: §62.109(d) lists fhe conditions under which the Planning Commission may
grant a permit to en4arge a legal nonconforming use. §65.706 lists conditions that must be met for an
o�idoor auio saies conditionai use permii.
�-� pa+FFrftvi-a-esea�a�
lot {Z.F.# 1806) notes that the prope�ty was used befo; e the war by the W o1ff Chevrolet company for
used car sales and fhat the buiiding to the south of the lot was the former repair garage, which in 1948
was also being used for auto repair. Computerized rscords for this address show licenses for auto body
repair and used car sales as late as 1997. Prior to the adoption of the Arcade Commercia140-acre
Stu�y, t'r,e property was zoned B's. i ne 4u-acre �ivay recommended TN2 zoning for the property, with
OS-2 zoning as the interim designation.
G. DISTRICT COUNCIL RECOMMENDATlON: The District 5 Councii had not commented at the time this
staff report was prepared.
H. FINDINGS:
i. The appiicanf currently operates an auto body shop in the building at 1007 Arcade. The approved
site pian and ficense for this business limit fhe number of cars in the parking lot to 17. The current
operation has two repair stalls. The parking requirement for the auto body shop is caiculated at one
space per 275 sq. ft. of gross floor area (12 spaces) plus one for each service stail (2) for a tota( of
14 spaces. The appficanY is proposing to also seli used cars on the lot. An additional space would
be required for Yhe outdoor sales area, for a totai of 15 required spaces. The site plan shows 9
spaces set aside far auto sales display area and oniy 8 spaces for customer and empioyee parking.
2. Auto body repair is first permitted in the 11 zoning district; outdoor auto sales is first pertnitted in the
B3 district. Neither auto body repair nor auto sales is permitted in the TN2 district.
3. §62.109(d) Enlargement of nonconforming use states that `�he planning commission may permit the
enla�gement of a nonconforming use if the commission makes the following findings:°
9. The entargement will not result in an increase in the �umber of dwelfing unifs
This finding is met. No dwelling units exist currently, and none wili be creafed.
� 2. For en/argements of a sfructure, the enlargement will meet the yard, heighf and percentage of lot
cove�age �equirements of the district. This finding is met since no enlargements to fhe buifding
� �-�6s
Zoning File # 04-082-749
Zoning Committee Staff Report
page 2
� I
u
are proposed.
3. The appearance of the enlargement will be compaSble with the adjacenf proper(y and
neighborhood. This finding is met, The appearance of the use wiil not change substan6ally, and
wiit be similarto other business property.
4. Off-sbeet parking is provided for the enlargement fhat meets the requirements of section 63.200
for new structures. This finding can be met As stafed in Finding 1, both uses wouid require 15
spaces and the lot contains 17 spaces. However, this leaves only hvo spaces for dispiay of
vehicles for sale. The applicant proposes 9 sp�ces for display of vehicles for sale, which leaves
only 8 spaces for customer and employee parking, 7 short of the 15 spaces required. Therefore,
under the applicanYs proposal, this finding is nof inet
5. Rezoning fhe properfy would result in a"spot" zoning or a zoning inappropriate to surrounding
land use. This finding is met. Most of Arcade Street was recenUy rezoned ta TN2, and the
property would need to be rezoned to 11 to make ihe uses contorming.
6. ARer the enlargement, the use will imt result in an increase in noise, vibrafion, g(are, dust, or
smoke; be detrimenfal to the exisfing characfer of development in the immediafe neighborhood,�
or endangerthe public health, safety, orgeneral welfare. This frnding is met. Vehicfe sates wi(f
not result in increased noise, vibration, or other detrimental impacts. Outdoor vehicle sales will
aiso not be detrimentai to the existing character of development in the immediate neighborhood,
nor is it likely to endanger Yhe public health, safety, or general weifare.
- 7. TFre use is consistenf with the comprehensive plan. This finding is met at this time. The Land
Use Plan supports a mix of uses at neighborhood commerciai centers, and the building and lot
generally meet the design guideliRes of buitdings out to the sidewalk and parking lots to the side
of #he building. However, the Arcade Cemme�c�a� an_ cn_�„ y �,;�r, ; � S �,, e , r , �n �gZO7:li:C� �
much of Arcade to TN2 indicates a desire on the part of the community to reduce the amount of
ated bnsiness-ofl�ea
8. A notarized pefition of fwo-fhirds of the property owners wifhin one hundred (100) feet of the
property has been submitted stating tiieir support for fhe enlargement. This finding is met. The
petition was fnund sufficient on May 6, 2004: parcels eiigible:14; parcels required: 10; parcels
cinnntl• 1(1
_'�'.__. . _.
Tire application for a permif shalf inciude the pe66on, a sife plart mee6ng fhe requirements of section
61.400, floorp/ans, and other information as required fo substantiate the permft. This finding is met
All of the required irrformation has been submitted.
4. § 65.706 lists the standards and condi6ons for thz saiz o� secondhand vehicles:
(a) The !of or area shal! be provided wrfh a permanent, durable and dustless surface, and shal! be
graded and drained so as to dispose of alI surface wafer accumulated within the area. This
standard is met. The existing lot is paved.
(b) Vehicularaccess to the oufdoorsales area shail6e atleasf sixty (60) feet from the intersec6on of
any iwo (2) streefs. This standard is met. The driveway is approximately 60 feet from the
intersection wiYh Lawson.
(c) No repair or refinishing shall be done on the !ot unless conducted within a completely enciased
buifding. This applicant has a building in which to repair vehicles, and must agree to this
standard.
(d) The minimum lot area shall be fifteen thousand (15,000) square feet. A srte plan shall be
submitted showing fhe layout of the vehicies for sale or rent, employee parking, and customer
parking. 'fhis standard is not met The lot area is only 8,200 sq. ft.
(e} In the case of pawn6rokers. . .. This standard does not appiy since the applicant is not a
pawnbroker. �
STAFF RECOMMENDATION: Based on findings 7,'�(4) and 4(d) above, staff recommends denial of the
Enlargement of Nonconfottning Use Permit to allow outdoor auto saies.
NONCONFOWVIING USE PERMi7 APPLlCATlON
Department of Planning ¢nd Economic Development
Zorzing Section
I400 City Ha11 Annex
25 West Pourth Street
Sairzt Paul, YIN SSIO2-I634
(657)266-6589
APPLICANT
Contact Person (if different) Phone
PROPERTY
LOCATION
Address / Lacation
Legal Description_
(attach additional sheet if necessary)
Zoning� � � �„
TYPE OF PER►u11T: Application is hereby made for a Nanconforjj��mg Use Permit under provisions of Chapter 62,
Secfion 102, Subsection i, Paragraph �of the Zoning Code.
�Pers�i�-is for-: a—Ghangefr-om onrrter�con#orrttiag r�se fio-arrother fpara:�-irt �ortirrg Coder
� Re-establishment of a nonconforming use vacant for more ihan one year (para. 5)
� Legal estabiishment of a nonconforming use in existence at least 10 year (para. 1)
� Enlargement of a nonconforming use (para. 4)
SUPPORTING INFORMATiON: Suppiy the information that is appl9cabfe to your type of permit.
C7iANGE iN USE: ?resenY / Pas4 Use_ �?��
OR
RE-ESTABtlSHMENT: Proposed
Additionai informat9on for ali applications (attach additional sheets if necessary):
�hments as required: �Site Plan
❑ Consent Petition
101���
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G� ����
❑ Affidavit
Appiicant's Signature G"L/T''` Date � � � City Agenf_ ��� ����
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CIT'Y QF SALNT PAUL
� C�NSE'�TT pg ADJOIl�,Z�IG PROPBRTY OWTIERS FOR A
Nfl` tiSE PER�YIIT
We �e undersigned, owner of property witair. 10Q feet oi the subjecT proper[y, ackncwiedge �hyt we nave
bre.n pr:sente� with the foIlowing:
A copy of the application of_ �
to establisn a
(name o£app2icant)
� �D� ir�
�d�U S�a
located
(praposed use)
Od� � �� _
re uirin anonconformin� (address ofpraperty)
q € � usepemut,alQn�withanyzelevantsitepl�s,�iae a.*ns,crc:he:�ccn�:,e;,tat�on.
We consent to the approval of this appIication as it was esQlained to us by the applicant or
his/her representative.
ADDRESS OR PiN RFrnAn ncv��n
O �f-fi'�5'
CI�'Y (J� SAIl�'T PALTL
' C{1tiSE'v`T �F ADIUIh�I�*G PRt1PERTY O��`?�rERS fiflR A
lti U�� PE;[t�YII�
R'e, �he undersi�ed, our�rs of p;oge�y rc�i*hin 2f3p feet of t,'�, su�+jea preperty, ac}�ow3adge tha? we have
bee;A prsented with The foilowir.g;
� coFy of the a�pIicacior. of � �,', � �7� � �
�:
(nazne af app2tcar�t?
IC �Si'db:IS�1 �2 ___ �S �'
(o'"� c�,l
(gzogosed usej�
focatzd at_ � �� �- �r Cfl•��t�,
�� ,
S�
Caddress of property) -- - �
requ�rir.g a aonconforming ¢se �ermSs, a2a�g withany tetsvant s:ca pl�us, diag�ams, arother dacutner.!atioa.
�i�'e conseni ta Lhe appravaI of Ylsis agpiacation as it was exp3aiaed fo us by t3�e app}iraai ar
hizther represen�atiVe.
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AJ�RESS QR PL4 RECO�D nu�tu�a ..----. ---
o�-��s
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Request for Continuance
Date May 21, 2004
Gladys Morton, Chair
Zoning Committee
City of Saint Paul
1400 City Hall Annex
Saint Paul, Minnesota SSIo2
���El���
��l9� 2 - 2��
Re: Zoning File # 04-082-749 - Mac Khoa
Deaz Ms. Morton:
I am the applica*_�t or the applicant's duly appointed representative in the Zoning File above
stated.
I request a continuance of the public hearina on the application in this Zoning File which is
presenuy scneduied'oefore ine Zoning �ommittee on iviay 27. 2�^v4.
I understand that a continuance of the public hearing befare the Zoning Committee means that
the final decision of the Planuing Commission on this application, which is presendy scheduled
on 7une 4. 2004 will also be continued.
I understand that the Zoning Committee wIll continue the public hearing to June 24. 2004 and
that the Planning Commission wiil make a decision on my application on July 2. 2004 .
I am aware of and understand the statutory requirements found in Minn. Stat. § 15.99 (1995)
requiring the City of Saint Paui to approve or deny this application wimin sixry days oi iis
submission. I desire to waive the statutory requirement for a decision on the application
wi�in t�e sixty day pe:iod.
Sincerely,
of Applicant or
s duly appointed
representative.
���� k�-� �-
Pzinted name of Applicant or
Appiicant's duly appointed
representative.
S
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