05-1073Council FIle # �� � �3
Green Sheet #� Voj a�p 9!
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
o ��P
PRESE_\'TED BY
REFExREn TO
C0�1b1ITTEE: DATE
i WHEREAS, adverse action was initiated against the Second Hand Dealer - Motor
z V ehicle license application submitted by Rase Automotive, Inc., d/b/a Rase Automotive, Inc.
a (License ID#20050001517) far the premises located at 1229 Payne Avenue in Saint Paul,
4 alleging the licensee failed to obtain the required Conditional Use Permit for the license; and
J
s WHEREAS, the Office of License, Inspections and Environmental Protection has
v recommended denial of the Second Hand Dealer - Motor Vehicle application; and
8
s WHEREAS, the licensee has not contested the allegations; now, therefore be it
io
u RESOLVED, that the Second Hand Dealer - Motor Vehicle application submitted by
iz Rase Automotive, Inc., d/b/a Rase Automotive, Inc. is hereby denied.
13
i4 This Resolution, and the action taken above, are based upon the facts contained in the
is October 12, 2005, Norice of Intent to Deny License Application letter sent to the licensee and the
is arguments made at the Public Hearing on November 16, 2005.
17
Requested by Department of:
B C��.y � /�� .
Form Approved by City Attorney
Date�(���..iiv-Y�1 y� ��Ut'
�-7—
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
1'� ln'1Z
DepartrnenUofficefcouncil: Date Initiated: Y ✓ •v -
�P — Licrnse/Inspection/EnvironProt o�-NO��S Green Sheet NO: 3028691
Contact Person & Phone• Deoartment Sent To Person InitiaVDafe
Rathel Gunderson � D icenseltn ection/Envir n Yro
266-8710 pu�yn 1 icerise/Ins ection/EnvironPro De artmentDirector
Must Be on Council qqenda by (Date): Number z i Attome
` ` � For
.�..,� Routing 3 a or•s Office Ma or/Ass nt
Order . 4 ouncil
5 i Clerk Ci erk
Total # of Signature Pages _(Clip All Locations for Signature)
Aetion Requested:
Approving the attached resolution to take adverse acrion against the Second Hand Dealer-Motor Velucle license application
submitted by Rase Automotive, Inc. d!b/a Rase Automotive, Inc. (License ID#20050001517) for the premises located at 1229 Payne
Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (F2): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
CIB Committee Yes No �
Civil Service Commission 2. Has this person/firm ever been a city employee? ,
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cuvent 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):
Licensee was denied the requited Conditional Use Pennit and therefore was unable to be issued the license.
Advantages lf Approved:
License applicarion denial as recommended by the Office of LIEP.
Disadvantapes If Approved: ,
None.
Disadvantages If Not Approved:
License application approved against the xecommendation of the Office of LIEP.
Total Amount of
Fransadion: CosURevenue Budgeted: -
Funding Source: Activity Number: �'�$r'Y;;^.'-?y �;?,�°,�^"�"� �%�?`^S�
Financiai Information: � p � y � p
(Erzplain) 950tl o p �00�
�
i
CITY OF SAINT PAUL
Randy C. KeZly, Mayor
November 3, 2005
OFFICE OF THE CITY ATTORNEY
M¢nueZJ. Cervnntes, CiryAttorney
�5'Ibl
Civil Divis�on
400CiryHa11 Telephone:651266-87I0
154YutKe[loggBlvd. Facsimile:651298-5619
Saint Pau� Mtnrzesot¢ 55102
NOTICE OF COUNCIL HEARING
Sl.izamie Snaza
Rase Automorive, Inc.
1229 Payne Avenue
St. Paul, MN 55101
RE: Second Hand Dealer-Motor Vehicle license application submitted by Rase Automotive, Inc., dlblal Rase
Automorive, Inc. for the premises located at 1229 Payne Avenue in Saint Paul
License ID# 20050001517
Deaz Ms. Snaza:
Please take nofice that this matter has been set on the Public Hearing Agenda for the City Council meeting
scheduled for 5:30 p.m., Wednesday, November 16, 2005, in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for
their considerafion. This is an uncontested matter conceming your ineligibility to obtain a Second Hand Dealer-Motor
Vehicle license due to the fact tk�at you were denied a Condifional Use Pe�nit by the Planning Conusiission. This matter
has been placed on the public hearing agenda portion of the City Council meefing, during which public discussion is
allowed. The recommendation of the licensing office is denial of your license application.
If you have any questions please feel free to contact me at 266-8710.
Very truly yours,
�� v V
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
./fvlary Erickson, Assistant Council Secretary, 310 City Hall
Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council
1014 Payne Avenue, St. Paul, MN 55101-3933
Suzanne Snaza, 345 Robert Drive, Hastings, MN 55033
AA-ADA-EEO Employer
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Issue:
Date of Application:
0`�-t��3
Rase Automotive, Inc. d/b/a Rase Automotive, Inc.
1229 Payne Avenue, St. Paul, MN 55101
Wednesday, November 16, 2005 @ 5:30 p.m.
License application was denied due to the fact that
the Conditional Use Permit required for the license
was denied by the Planning Commission
June 3, 2005
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
Denial of Second Hand Dealer-Motor Vehicle license application
Attachments:
Proposed resolution.
2. Copy of Planning Commission File #02-120-636
3. Copy of Class N license application for a Second Hand Dealer-
Motor Vehicle license dated 5/1/OS
4. Copy of Conditional Use Permit application dated 6/3/OS
5. Copy of a letter from Emily Ulmer (PED) to licensee with
attached copy of Planning Commission's resolution( # OS-73)
dated 7/15/05
6. Copy of Application for Appeal dated 7/25/OS
7. Copy of City Council Action Minutes showing appeal was
withdrawn dated 9/7/05
8. Copy of City Council file(#OS-869)
9. Notice of Intent to Deny License Application with Affidavit of
Service dated 10/12/05
10. Faxed letter dated 10/23/OS from Suzanne Snaza requesting a
public hearing
(�S- i�13
city of saint paul
planning commission resolution
file number
date
WHEREAS, BERNARD SNAZA, File #02-120-636, has applied for a Conditional Use Permit
under the provisions of §60.544(1) of the Saint Paul Legislative Code, for renewal of conditional
use permit for auto detailing and expanding auto sales from 8 cars to 12 on properiy located at
1229 Payne Avenue, Parcel Identification Number (PIN) 20-29-22-43-0093, legally described as
Lots 7 through 10, Block 1, Joseph R. Weide's 2nd Addition; and
WHEREAS, the Zoning Committee of the Planning Commission, on May 16, 2002, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said
application in accordance with the requirements of §64300 of the Saint Paut Legislative Code;
and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its
Zoning Committee at the public hearing as substantially reflected in the minutes, made the
following findings of fact:
In 1998 the applicant received a Conditional Use Permit for outdoor used car sales and
a car cleaning and detailing business at this location. Conditions attached to this permit
included a limit of 8 cars for sale on the lot and a limit of 14 total cars outdoors on the
property at any time. The final condition was that the permit be reviewed by the
Planning Commission three years from the date of ifs issuance to evaluate whetherthe
conditions of the permit are being observed and to determine whether the permit shall
be valid for an indefinite period or whether the Planning Commission should impose a
termination date.
2. In addition to requesting that the permit be continued- indefinitely, the applicant is
requesting that the number of cars for sale permitted on the lot be increased from 8 to
12.
3. The parking requirement for the existing use is 8 spaces. Adding 4 additional cars for
sale would not increase the required number of spaces. However, at this time, in
accordance with the previous permit, the applicant is providing only 6 spaces. (He has a
limit of 14 cars outdoors on the lot at any one time. By reconfiguring the parking behind
(west of) the buitding for compact cars, 6 cars can be accommodated there, and a total
moved by
seconded by
in favor
against
05-to��
Zoning File #02-120-636
Planning Commission Resolution
Page 2
of 16 cars can be accommodated on the lot. Ten cars could then be offered for sale
while keeping the existing 6 off-street parking spaces. The limit on the number of cars
that can be outdoors at any one time would need to be increased to 16. If 12 cars are to
be offered for sale, the number of off-street parking spaces would be reduced to 4. The
applicant states that he is the sole employee and that vehicles brought in for detailing
are scheduled by appointment only and are not stored outside on the site, reducing the
need for off-street parking.
4. The conditions of the previous permit and findings as to whether the applicant is
meeting them are as foilows:
a. The proper(y shall be used in substantial agreement with the site plan dated
12/21/98, or wifh such revisions as are approved by city staff in LIEP. The
applicant is meeting this condition.
b. The applicant shall have no more than eight cars for sale on the lot and no more
than a total of fourteen cars outdoors on the property at any time. This condition
was met at the time of the staff visit. No complaints or violations are on record
with LIEP, indicating no probiems with consistently meeting this condition.
c. The applicant shall install curbs or curb stops that prevent vehic/es from
overhanging the public sidewalks. The applicant has met this condition.
d. No repair or refinishing shall be done on the property unless iYs conducted
withing the building. This condition appears to be met. No complaints or
violations are on record with LIEP.
e. The business shall not be open later than 9:00 p.m. This condition appears to
be met.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Plannirig Commission, under the
authoriiy of the City's Legislative Code, that the application of BERNARD SNAZA for a
Conditional Use Permit for auto detailing and auto sales at 1229 Payne Avenue, is hereby
approved subject to the following conditions:
1. The properiy shall be used in substantiai agreement with the site plan dated 12/21/98
and updated 5/8/02, or with such revisions as are approved by city staff in LIEP.
2. The appiicant shall have na more than twelve cars for sale on the lot and no more than
a total of sixteen cars outdoors on the property at any time.
3. No repair or refinishing shall be done on the property unless it is conducted within the
building.
4. The business shall not be open later than 9:00 p.m.
5. At such time as there is a new owner or operator of this business, a new permit shali be
required.
05-�0�3
CLASS N
CITY LICENSE APPLICATION
TffiS APPLICATI0:IIS SUBJECT TO REVIE�Y BY THE PUBLIC
PLEASE TYPTc OR PRIi IT IN INK '
CITY OF SA1NT PAUL
ORce of Licrnu, inspections
and Envimnnerttat Pmtection
3:0 Sc Pc[c Svcct 5� � J00
Saint Paul, hfinc�n SSIO2
(6S4} 266-9690 Fu (b5l} 2659 t14
K'eb: wm-x.liea.us
�
� LICENSES ARE NOT TRANSFERABLE
PAY�IENT hNST BE RECEIVED lVITH EACH APPLICATIOF
S 3`���,
Type of License(s) being applied for. �{'7Gt ���?1L.
�� (jE'G�t ��e � ��'
/tf4JiC?��� � �' C�
Projectcd datc of opening: �fl;��t'aGd �� g�?C�
— T — �
Company Name: �/a�� {�LA77T7'1') �777 t'P I!'�L' ,
Partn<rship / Sok Proprietorship
if business is incorporated, give date of incorporation:
Business A`amc(DBA):
Business Address (6usiness Location):
Svett (�, Tame, Type. Direction)
Scntencc:
Business Phone� 1
City
Bet�vecn �chat cross streets is thc biuiness Ic�cateci? �f'�(�Y 1,( iX t �_�Vhich side of tlie street� ��_
Are the prcmises now occupied? �Vhat Type of Business? �u�_c'�� ��'�,�_�) ��}'1('�"p
Mail To Address (iF differznt than busincss aAdress):
Strcct (.9,Kame, T}pe, Directiai) City State Zip+4
Applicnnt [nCor�
h`amc nnd Titic:
I{omc Addicss:
-�,� PiaccofBirth: �j -(�j�j, HomcPhoite: (�')�������'�-�,�'
DriverLicensc: �j—r��`).,=`�`7 �—�7 S�Gy Sta[e of Issuc: uj[�
Have you ever been convicted of any felony, crime or veolation oFany city ordinance other than traffic? YES,_ : NO, 7L
Daic oF arrest
Chargc: _
Conriction:
List licenses «hiclt you eunentiy hold, fornierly held, or may hace an interest in:
Hace any oFthe 16ove named licenses e� er been re��oled'? YES NO If yes, list thz dafes and reasons for revoeation:
Aee you goir� to operate this business personalfy? _� YES
Name b[iddle lnitia! (RTaidtn)
Home Addrcss: Street (# , Nante, Typc, Dimction)
Are you going to have a manager or assistaut in this busiuess?
operator, please complete the foliowing infomiation:
\G'hcrc?
NO If noE, who �cill opzrate it?
Last
S[a[e Zip+q
Dste
State Zip+.# � PhoneNumbzr
YES ,� NO If the manager is not the same as the
FirstNamz Middie[nitial (hiaiden) Last DatebfBirth
( �
Hnine AAdrec<• Svrrt/8 K�m� Tvne Dimotinnl fl'IV C�.Ir 7in+1 Fhnne7�umbGf
List all other officers of the corporation:
OFFICER TTTLE
NAME (Office Held)
HOME
ADDRESS
HOME
PHONE
Ch-10�13
BUSINESS DATE OF
PHONE BIRTH
If business is a partnership, please include the following information for each partner (use additional pages if necessary):
FirsWamc Midditlnifial (Maiden) Las[ DateofBirth
Home Address: Street (#, Name, Type, Direction) City State Zipi4 P-hone Number
FirstName Middlelnitial (Maiden) t,ast DateafBirth
Address: Street (#, Name, Type, Direction) City State Zip+4 Phone Number
MINNESOTA TAX IDENTIFICATION NUh1IIER- Pursuant to the Laws of Mirmesota,1984, Chapter 502, Article 8, Section 2(270.72)
(Tax Clearance; Issuance of Licenses), liceusin� authorities �re requircd to provide to the State oE Minnesota Commissionerof Reveuue,
the Minnesota busincss tax identification nwnber and tl�e social security number of cach license appficant.
Under the Miunesota Government Data Practices Act and the Federal Privacy Act of 1974, �ve are required to advise you of the fotlowing
regarding the use oFthe Minnesota Tas Identification Number:
- This information may be used to deny the issuance or rene�vnl of your license in the event you owe Minnesota sales,
employer s withholding or motor vehicle excise taxes;
Upon receiving this_informaEion, die,licensing autlio{ity wi11 supply it only to the Minnesota Departnlent_ofRevenue.
Howevey udderthe Federal Exchange of Information Agreement the Department of Revenue may supply this infocma4ion
to flie Internal Revenue Secvice.
Minnesota Tax Identification Numbers (Sa(es &: Use Tax Number) may be obtained from the State of Minnesota, Business Records
Department, 600 RobeR Street Narth, Saint Paul, MN (651-296-6181).
Minnesotl Tax Identification Number. ���� � � / �
� If a Minnesota Tax Identification Number is nof required for the business being operated, indicate so by placing an "X" in the box.
CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182
I hereby certify tha[ I, or my company, am in compliance with the workers' compensation insurance coti�erage requirements of Minnesota
Statufe 176.182, subdivision 2. I also understand thatprovision of false information in this certification constitutessufficient grounds for
adverse action agaiast a1l licenses hefd, iacluding revocation and suspension of said licenses.
Name of Insurance Comoanv�
Policy
Coverage from to
�..
I have no employees covered under �vorkers' compensation insurance:��(INITIALS)
Plea,e list your employment history o� che previous five (5) year period:
ANY FALSIF� _TION OF ANSWERS GIVEN OR MATER� . SU&�SITTED
WILL RESULT L�I DENYAL OF THdS APPLfCATION
�`,�� 7
I herehy state thaf I have answered all of the preceding questions, and that the info�nation contained herein is true and correct to tfie best
of my knowledge and belief. I hereby state further that I have received no money or other coasideration, by way of loan, gift, contribation,
or otherwise, oft�ec tfian akeady disclosed in the appticafion wLichI herewith submitted. I also undezstand this premise may be inspected
by police, fire, health and other ciry o�cials at any and all rimes when the business is in operafion.
Preferred methods of communicatian from this office (please rank in order of preference -"I" is most prefetred):
�. Phone Number with area code: (. t? y� )�C 3�� ��F�� Ex4ension
(Circte the type of pbone number you have listed above: Business Home Ceil
�
� Phone Number with area code: � ( . �7�- ' ��- �� Extension
(Circle the type of phone number you have listed above: �usiness Home Cell
,.� Mail: ��tT�R
Street (N, Name, 7ype, D�
Internet:
E-Mail Addcess
Fax Pager
Fax Pager
�� �^,
te Zip+4
Ne will accep[ payment by casly check (made payable to City of Saint Paul) or credif card (blasterCard or Visa).
*"Note: I£tfiis application is Food/Liquor related, please contact a City of Saint Paul Health Inspector, SteveOlson (266-9139), to
review plans.
If any suUstantial chaa�es to structure are anticipatcd, please contact a City of Saint Padl Plan Examiner at 266-9007 to apply
�orbuilding permits.
If there are any changes to the parking lot, floor space, or for new operations, p(ease contact a City of Sai�zt Paui Zoning
Inspectorat266-9008.
All �pplications require the follo�ring documents. Please attnch these documents when submitting your application:
1. A detailed description of the design, location and square footage of the premises to be licensed (site pfan).
-: _. The fofiowing data should be on the site plan (preferably on an 8%x". x I I"_ or 8%:".x 14" paper): ,. __.. ._ .
- Name, address, znd phode number. ` `` " '
- The scale should be stated suclt as I" = 20'. ^�i should be indicated toward tlie fop.
- Placement of a(1 pertinent features of the intcrior of the licensed facility stich as seating areas, kitchens, offices, repair area,
parking, rest rooms, etc.
- If a request is for an addition or expansion of the licensed facility, indicate both tl�e ettrrent area and the proposed expansion.
2. A copy of your lease agreement or proof of ownership of the properFy.
IF PAI7NG BF' CREDIT CARD PLEASE CO[YIPLETE THE FOLLOIPING INFORMATION:
� Ame�ican �xpress
EXPIRATION DATE:
ACCOUNT DTLIMBER:
� Disco�•er ❑ MasterCard � Visa
❑Cl/C]❑ ❑C]Cl❑ ❑�L7❑ ❑�0❑ ❑�L7❑�
Name oF Cardholder (please print) 5ignamre of Card Holder(required For all charges) Date ._., :
� � � �� � �� r�-1o�3
Zoning Summary Sheet License ID# (Office Use)
In order for the Zoning Administrator to determine the classification of your business and to expedite.your �icense application,
this form musf be completed and submitted cvith a floor plan and a site plan which�is dimensioned and drawn to scale (see
example site & floor plan foanats below}. Zoning approval will not be granted for this license request without this information.
Business Address / � ��� pi �' ,� � = Business Type _ �!� ���"��'
' Sh Address _ -� ' �,,;� � in, t
i,icensee/Owner iVame: ✓C%�l-�i(�Z ��1 Q SYt �Z° Day Phone: � S�( / �� y'/
(Responsible Party) First Middle Maiden Last
Please anstiver question 1- 6. You fvili also need to answer question 8- 16 if you are applying for a restaurant license.
Contac�e zoning inspector at 651i266-9083, if you�ve questions about the infozmation needed on this form.
��� /� �"��t�'�`
What is the gross floor azea for this busine
square feet.
2. What was the previous use of this space?
a�,�� v�
3. How many off-street parking spaces are provided for
this business?
4. Hotiv many different uses are in the building?_
5. Whaf are these uses?
G. Do you own the property or are you leasing it?
�= �%.� �� ���-;�� _
Floor Pl�en Example
� . _ �---- zs'
2�
�„w�
steaa�"
i-+4j r,4�
�' .
{.: n .
8. Do you intend to have a drive-thru window?_ yes
9. Wlll you have a permanent menu board?
10. Do you intend to serve liquor?
11. Is this a resfaurant associated with a
chain orfranchised business?
_ yes
_ yes
�
�,.
l✓
_ no
�o
12. Will cusfomers pay for their food before
consuming it? _
13. Is a self-service condiment bar proposed? _�
14. Are trash receptacles provided for self-
service bussing? _ }
I5. Will there be hard finished, stationary
seating? _ y
16. Are your main course food items
prepackaged or made to order?
Site Plnn Example
, .�
SCA� E.
� p�
�
STRE 6'�
; �rPo
�
� no
�
;5�0.�6.
ii Z �r
---- �q��Ey • _: ----
�
CONDITIONAL USE PERMIT APPLICATION
Deparhnent of Ptanxing and Economzc Devetopment
Zoning Sec(ion
1400 City Hall Annex
25 West Faurtk Street
Saint Pau� MN 55102-1634
(65I) 266-6589
APPLICANT
PROPERTY
LOCATION
Address ( Location
Legal
�� ss �
if
TYPE OF PERMIT:
Applicafion is hereby made for a Conditional Use Permit under provisions of
Chapter . Section , Paragreph of the Zoning Code.
SUPPORTING INFORMATION: Explain how 4he use will meet all of the applicable standards and conditions.
If you are requesting modification of any special conditions or standards for a conditional use, explain why
the modification is needed and how it meets the requirements for mod'ification of special conditions in
Section 6L502 of the Zoning Code. Attach additiona( sheets if necessary. �
8 � ���a� � ac��.��1 � j�r��t �r �
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� t�,��2 `��3 �'�� �t.� �� V'�.ic�B- �S� �
5��- �� � � , c � �3��
�
❑ Required site plan is affached
� - �sv �
�����
� �� Applicant's Signature�' l� Date City Agent
s
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K:VOrmslscup.apP.wptl 115/OS ,
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(� & ECONOMIC�7ELOPMENT �
. Susars Kimberly' „irectar " .,, ,
CITY OF SAINT PAUL
Randy C. Ke11y, Mayo'r
25 Wert Fowrh Street
Saint Pau� MN SSIO2
July 15, 2005
Rase Aufomotive fnc
Attn: Ms. Suzanne Snaza
1229 Payne Avenue
Saint Paui, MN 55101
Mr. Roy Babcock
P. O. Box 191
New Port, MN 55055
RE: Zoning File 05-117-785: Rase Automotive Inc.
Dear Ms. Suzanne Snaza,
Telephone: 651-266-6655
Facrimite: 651-228-3314
On June 3, 2005, you applied for a Conditional Use PermiYfor auto deEailing and auto sales, for
the,property located at 1229 Payne Ave. After a public hearing by the Saint Paul Planning
Commission's Zoning Committee on July 7, 2005, the Commission voted to deny your request
on July 15, 2005. Enclosed is the Planning Commission's resolution stating its findings and
decision.
The Pianning Commission's decision may be appealed to the City Council by filing an appeal
and fee ($435) within ten days of the date of the Planning Commission's decision. Appeals are
filed at the Zoning Counter, 1400 City Hall Annex. The appeal should be based on what you
believe to be an error of fact, finding, or procedure of the Planning Commission. Enclosed is an
appeal application.
Piease call me at 651-266-6591 if you have questions.
Sincerely,
Emily Ulmer
City Planner
Enclosures:
Resolufion
Application for Appeal
cc: File # 05-117-785
Zoning Administrator
License Inspecfor
District 5 Community Council
ee �n� ccnc.....i....e_
05-to't3
city of saint paul
planning commission resolution
file number 05-73
date July 15, 2005
WHEREAS, Rase Automotive Inc., File # 05-117-785, has applied for a Conditionai Use Permit for
auto detailing and auto sales under the provisions of §65.704, §65.706, §61.501 and §61.502 of the
Saint Paul Legislative Code, for the property located at 1229 Payne Avenue, Parcel Identification
Number (PIN) 20-29-22-43-0093 legally described as JOSEPH R. WEIDE'S 2ND ADDITION TO THE
CITY OF ST. PAUL LOTS 7 THRU LOT 10 BLK 1; and
WHEREAS, the Zoning Committee of the Pianning Commission, on July 7, 2005, held a pubiic
hearing at which ail persons present were given an opportunity to be heard pursuant to said
application in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantialiy reflected in the.minutes, made the following findings
of fact:
2.
�
ln 1998, a Special Gondition Use Perm+t for outdoor used car sa4es and a car c{eaning and
detailing business was approved for this property. A condition attached to this permit limited the
number of cars for sale on the lot to 8, with 14 totai cars outdoors permitted on the property at
any given time. The final condition was that the permit would be reviewed by the Planning
Commission three years after the date of issuance to evaluate whether the conditions of the
permit where met and to determine whether the permit should be valid for an indefinite period of
time or whether the Planning Commission should impose a termination date. .
In 2002, when the permit was reviewed, the business was complying with the conditions of the
previous permit. At that time, the owner requested that the number of cars permitted for sale be
increased from 8 to 12. The Planning Commission approved the conditional use permit for auto
detailing and expansion of auto sales 12 cars.
Rece�tly, �IEP has responded to three complaints against Rase Automotive. {n April 2005, LIEP
found that there were more cars on the lot than was allowed in the 2002 Conditional Use Permit.
In addition, LIEP noted that there also seemed to be a tow truck business operating at this
address. On June 2, 2005, a report was filed stating that cars were parked in the back, tow trucks
were towing illegally, and cars were "flowing" into the alley. One day Vater, another complaint was
made about glass in the ailey from the wrecked cars.
moved by Morton
seconded by
in favor Unanimous
against
Zoning File 05-117-785
Planning Commission Resolution
Page 2
4. §65.704 requires auto specialty stores to meet the standards outlined in §65.703:
(a) The construction and maintenance of alf driveways, curbs, sidewalks, pump islands or other
facilities shall be in accordance with current city specifrcation. Such specifications shali be
developed by the planning administrator, fraffic engineer and city frre marshal, and shall be
approved by the planning commission, and frled with the city clerk This condition is not met.
See findings 5(b) and 7.
(b) A ten-foot buffer area with screen planting and an obscuring wall or fence shalf be required
along any property line adjoining an existing residence o� residentiaily zoned area. This
corrdition does not apply. There is no adjoining residentiaily zoned property.
(c) The minimum lof area shall be fifteen thousand (15,000) square feet, and so arranged that
ample space is available formotor vehicles which are required to waif. ...This condifion is
not met. The total lot area for the property located at 1229 Payne is 9,460 square feet. See
findings 5(d) and 7.
5. §65.706 lists five standards that all outdoor auto sales and rental uses,must satisfy:
(a) The !of or area shall be provided with a permanent durable and dusfless surface, and shall
be graded and drained so as to dispose of all surface water accuinulated within the area.
This condi6on is met. The lot is graded and paved with asphalt.
(b) Vehicular access to the outdoor sa/es area shall be at least sixty (60) feet from the
intersection of any (2) streets. This condition is partiy met. 1229 Payne is located at the
intersection of Payne and Hawthorne. The entrance off of Payne is at least sixty feet from the
interseetion, but access off of Hawthorne is lesa than sixty feet.
(c) No repair or refrnishing shall be done on the lot unless conducted within a completety
enclosed building. The applicant agrees to comply with this condition.
(d) The minimum lot area shall be frfteen thousand (15, 000) square feet. A site plan shall be
submitfed showing the layout of the vehides for sa/e or rent, employee parking, and
customerparking. This condition is not met. The parcel size was reduced from 11,000 sq. ft.
down to 9,460 sq. ft. in 2005. The appiicant has submitted a drawing which shows five
parking spaces on Payne, three on Hawthome, one next to the building and seven in back
for a total of 16 spots
(e) !n the case of pawnbrokers. ...These consiitions do not apply.
6. §61.501 lists five standards that alI conditional uses must satisfy:
(a) The extent, location and intensity of the use will be in substantial compliance with the Saint
Paul Comprehensive Plan and any applicable subarea plans which were approved by the city
councif. This condition is not met. The applicant is applying for a Conditional Use Permit to
continue with the same use under different ownership, as required by one of the conditions of
the 1998 and 2002 Special Condition Use Permits. The applicant states that fhe type of
business will not change, and the intensity of use wiil stay the same. The Land Use Chapter
of the Comprehensive Plan encourages neighborhood commercia� strips to retain a mix of
�ses and a pedestrian-oriented design (Land Use Plan 1.2). This use is not pedesfrian
oriented and does not fit with areas mix of commerciai uses.
�-�0�3
Zoning File 05-117-785
Planning Commission Resolution
Page 3
(b) The use will provide adequate ingress and egress to minimize traffc congestion in the public
streets. This condition is not met. There are two points of ingress and egress on this property, a
main entrance off of Payne and a side entrance on Hawthorne. The Hawfhorne entrance is too
close to the intersection and is not adequate to miRimize traffic congestion.
(c) The use will not be detrimental to the existing character of fhe development in the immediate
neighborhood or endanger the public health, safety and general welfare. This condition is not
met. The conditions outlined in the 1998 and 2002 Special Condition Use permits have not
been met, and the use has become detrimental to the existing character of development in
the neighborhood and endangers the public health, safety and general welfare.
(d) The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district. This condition is not met. An auto
related business at this site would impede the existing character of development in the
neighborhood.
(e) The use shall, in al! other respects, conform to the applicable regulations of the district in
which if is located. This condition is not met. The lot area, and entrance off of Hawthorne do
not comply with City regulations. .
7. §61.502 states that the planning commission, affer public hearing, may modify any o� a!/ specia/
conditions, when strict application of such special conditions would unreasonably limit or prevent
otherwise lawfui use of a piece of property or an existing strucfure and would result in exceptional
undue hardship to the owner of such property or sfructure; provided, that such modification wil(
not impair the intent and purpose of such specia/ condition and is consistent with health, morals
and general welfare of the community and is consistent with reasonable enjoyment of adjacent
property. Modification of the foliowing two requirements is required prior to approval of a
Conditional Use Permit for 1229 Payne Avenue:
1. Modification of the requirement which requires that vehicular access to outdoor auto sales be
at least 60 ft. from the intersection of any two streets.
Modification of the minimum lot size requirement.
Strict application of these conditions would not unreasonably limit or prevent otherwise lawful
use of the property and would not result in exceptional undue hardship to the owner. The
modifications are not consistent with reasonabie enjoyment of adjacent property, will impair
the intent and purpose of the conditions, and are inconsistent with the health, morals, and
general welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Pianning Commission, under the authority
of the City's Legisiative Code, that the application of Rase Automotive for a Conditional Use Permit for
auto detailing and auto sales on property locafed at 1229 Payne Avenue is hereby denied.
£
APPLICATION FOR APPEAL
Deparhnent nfPIanning and Ecoxomzc Developmext
Zoning Section
1400 City HaLZ Annex
25 West Fourth Street
SaintPaul, MNSSIO2-I634
(651) 266-6589
APPLICANT Address /�a�3 t�a�nA� �L
city <S'�• �sr, / St. �_Zip 55'lf9 � Daytime Phone�� �f��7�-f{G(j
PROPERTY Zoning File
LOCATION
Address / L
TYPE OF APPEAL: Application is hereby made for
❑ Board of Zoning Appeals �
Under the provision of Ghapfer 61, Section
decision made by the
to the:
Council
z
��(anning Commission
the Zoning Code, to appeal a
a �
on�� t � �I �{j , 20�„�. File Number:_ [� ��--1) �] � 2�.s
(date of d cision)
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or
refusal made by an administrative official, or an error in fact, procedure or finding
made by the Board of Zoning Appeals or the Planning Commission.
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September 7, 2005 City Council Action Minutes Page 10
58. Appeal of Austin Fang to a Nofice to Revoke Rental Registration Certificate at
509 Edmund Avenue. (Legislative Hearing Officer recommends granting the
appeal to keep the rental registration if the owner has an interior inspection by
noon on September 7, 2005.)
Appeai granted Yeas — 4 Nays — 0(Harris, Thune not present for vote)
59. Appeal of Quality Residences, LLC, to a Vacant Building Registrarion Notice at
795 Fourth Street East. (Legislative Hearing Officer recommends granting the
appeal provided the windows are fixed by August 18, 2005, as the building does
not meet the requirement for being vacant.)
Appeal granted Yeas — 4 Nays — 0(Harris, Thune not present for vote)
60., Appeal of Thomas and Carolyn Ross to a Notice of Vacant Building Registration
Fee at 991 Dayton Avenue. (Legislative Hearing Officer recommends denying
the appeal and waiving the Vacant Buiiding Fee far 90 days.)
Appeal denied Yeas — 4 Nays — 0(13arris, Thune not present for vote)
61. Appeal of Terri Lynn lames to a Notice of Condemnation and Order to Vacate
583 Reaney Avenue. (Legisiative Hearing Officer recommends granting the
appeal, as the condemnation has been lifted.)
Appeal granted Yeas — 4 Nays — 0(I3arris, Thnne not present for vote)
62. Public hearing to consider the �appeal of Todd Hartman, EQ-Life, to a decision of
the Boazd of Zoning Appeals granting the appeal of the Suminit Hill Association
to a determinafion by the Zoning Adtninistrator that a proposed change of
occupancy at 870 Grand Avenue to accommodate EQ-Life does not require
additional off-street parking. (Zoning File OS-128190) �
Public Hearing laid over to September 14
63 �,Puisli� I�eariiig ta °eonsider the a`ppeaI of Suzanne=Sriaza fo=a'decision;'of tTie
Suspension Items
Resolution - OS-832 - Setting the date of public hearing for October 5, 2005, for
ratificafion of the 2005 Right of Way Maintenance Assessment Prograsn charges
to be assessed against benefited properties.
Adopted Yeas - 6 Nays - 0
��gea�,wifli,drawn
��ie Kraus - NewOptical - COUNCIL - 05-869.tif � � � �� Page 3 �
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� M�°�"T�w� CitY CocmeiPs ectiws o£Septcmbct 7, 2065 std4�g the appea7 of Rase AutomoRVe, 7ae. and Si�u�e Snaza from a
, decisioa of the Ptana�g Co�ilscion d�ying a Conrktlonat Use Pemlitat 1229 Payne Avenue.
:` _ .
� ..o �uauuu:„PProvefAJIXK
Pfarming Commasion
IX8 Commi(tse
C7w Senice Gommission
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1. Has this AersoNfifin evarvrorhed urder a wntrak kr Uiis dep2r6nent?
Yes t�p
2 Hasffiis persa�7�mn OvafDeen a dtyemployee7
Yes No
3. Does fAis P��rtn Ws� a sitilf not rrormaAYPOSSesseC bY�Y
wRant6tyemptpyee?
Y� No
Exptain a(1 yvs answers on separate shaet and aCaeh to greert sh¢¢t
_
h8tiatirt9 Probtam� tssues, OAPOrt��nY CNho, 4YhN. Whe�, tNhere, Why�'
AavantaR441F MP�+ved: . .. -
T � � ��1�� P'�tunt to the City Chacter to I�ave iTS aclions reduced to a wrifmg e'x�et iu thc foan of a resohnio��
°rdmauce aePeQdmS vpon the nat�e of the maffer before. The decision of Ybe Councit m this matter iequited a wriCen mso
o:decw com�4y witkihe t-'harter. Appmving tLe atiacSed resotu�oa fulfills the Co+mc�1's duty imdez ffie Chaita.
. � �isadvm�Wpes �qpproved:, _...
None.
D�aGVanfa9esKNOtAOarovetl: ..—
Fa�luxe W appcwe the zesolufion viotates the Crty's C.:oaiteriequuemeats.
iraM1qtt(pn:
euna'rn5i5owce:
Pi�nciallniomia8on:
{Ecptatn)
CostlRerenue Butlget¢d;
Ac6vitv Ftumber,
RE�EfVED
SEP 14 2005
REC�v�n
SEP 13 2Q05
MAYOR'S (#FF[CE
Ccurcll Re�earc C��?8f
c}�i" i Y Lt11CJ
Juli� � Kraus - NewO "tf�cal -,COUNCIL - 05-869.tif � '��� M � � � Page 4=
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(.�TY OF SAIIvfi PAUL
Rar�dp C. %try..bayo.
August 16 2oos
Ms. Mary Erickson
City Courfcif Research Office
Room 310 CRy Hall
Saint Paui, Minnesota 55102
Dear Ms. Erickson:
a5
DEPAR'CMENTOFPLAN2vZNG 'Q
& ECONOMfC DEVELOP2vEENT ""°^
Svsme ICimba7y, DireMOr
15Wes1FOUnhSaret Telep5one:65I-2665�OD
SNntPmdSfN55l02 Focrimi7e:651-118dL0
i would Eike to confirm that a pubiic hearing before the City Council is scheduled €or
Wednesday, Septsmber 7, 2005, for ihe foltowing zoning case.
Zoning File htumber. OS-136-773
Appetlant: Suzanne Snaza
Address: 122g payne Ava., SW corner at Hawfhorne
Purpose: Appea{ of the Piartning Commission's denial of a Conditional Use -
Permit for aufo dehaiiing and auta sales (Zoning File Number 05-
117-7&5).
Pr'evious Action:
Zoning Committee Recommendation: Den3ai (0 - 8) July 7, 2005
Pianrting Commission Qecision: De�iai (Q - i2) 3uly 15, 2005
i have confirmed this day with Cottnci{member Bostrom's office. My undersYanding is {hat this
public hearing request wiA appear an the agenda for the September 7, 2005, City CouncB
meeting and thaf you will pubiish notice of the hearing in the Sairrt Paul l.ega) Ledger at least 10
days in advartce af the public hearing. P(ease cali me at 266-6531 iF you have any questlorts.
Sincerely,
�,
Emiiy Utmer
City Planner
cc. File # OS-�36-773
Appellant Rase Automotive, Inc., Susanne� Smaza
Peul Dubruiei
Wendy Lane -
Carol Martineau
Ailan To�stenson
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bg$ Bou1i��1. St PanS. MSI. To ^^^
uie ayyeat ofs�esneaa co aa
ot the PlanniAg ComWaslop 8ag�
CornllriouaF'U'se Pecnllk Zor avto
a�autn sales at ;228 Pepne Avuia
rnmer at xawGSOrne-avem� (Zoni��
05-F17-78$} �
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Julie Kraus - NewOptical - COUNCIL - 05-869 tif �� �� �� �Paqe 1
(fj 1���
CouncilFile.'b �_bL
Presented By
Referred
RFCOLI7TION
CITY OF SAINT PAUL, MINIVESOTA
Cneen Sheetr 3 0 2'7 9 $`t
Jb
Committee: Date
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
2(J
21
22
23
24
25
Whereas, Rase Automotive, Inc. and Suzanne Snaza made application to the Planning
Coaunission (Planning Commission File No. OS-117-785) for a Conditional Use Permit for auto
detailing and auto sales for the property commonly I¢�own as 1229 Payne Avenue and legally
described as JOSEPH R. WEIDES 2ND ADDiTTON TO TFIE CITY OF ST. PAUL LOTS 7
TFII2U L,OT 10 BLK 1; and
R'hereas, The Planning Commission's Zoning Committce conducted a public heazing on
the sasd application on 7uly 7, 2005, aRer having pmvided notice to affected property owners,
and snbmitted its recommendaUOn to the Comcnission. The Planning Commission, by its
Resolution No. OS-73, adopted on Jufy 15, 2005, decided to deny the said application based
apon the findings and conclusions set forth therein wlil.ch shall be adopted hereln by reference;
and
Whereas, Acring pursuant to Leg. Code § 61.702(a), Rase Automoflve, Inc. and Suzanne
Snaza, duly filed with the City Gerk an appeal (Planning Commission File No. OS-136-773)
from the determittation made by the Planning Commission and requested a hearing before the
City Council for the purpose of considering the actions taken by the said Comurission; and
Whereas, Acting putsuant to Leg. Code § 61.702(b) and upon notice to affected paities, a
public hearing was duly scheduled before the City Council for September 7, 2005. However,
prior to the stazt of the public hearing it was reponed by Planning Commission staff that Suzanne
Snaza, on behalf of Rase Automotive, Inc. had stated via an e-mail dated September 6, 20p5 (at
10:58 a.m.) their intent to withdraw [heir appeat in this matter, and
Julie KraUS - Ne wOptical - COUNCIL - 0 5-869 tif � ���� � �- p �
��`01�
� 1 � '
7
8
9
10
11
12
13
14
15
OS ��v�I
Whereas,'Fhe Ciiy CoFmcil, 6aving been advised of appeIlanPs request to withdraw their
appeat from the Piam-�ing Co�ssion's neecision under Planning Commission Resoluc�on ivo.
OSJ3, the City Counci2 does hereby
Reso]ve, based upon the appellanYs desire fo withdraw their appeal, ihat tiie decision of
the Planning Commission, as stated in Plauning Commission Resolution No. OS-73, is hereby
upheld; aud,
Be It Further Resoived, that the appeai by Rase Automotive, Inc. and Suzanne Snaza,
Planning Commission File No. OS-136773 is stdcken; and
Be it Finally Resolved, That the City Cle:rk shafl mail a copy of this resolntion [o the
appellants Rase Automotive, Inc. and Suzanne Snaza , t�e Zoning Administrator and the
Planning Commission.
�
CITY OF SAINT PAUL
Randy C. KeRy, Mayor
October 12, 2005
OFFICE � THE CITI' ATTORNEY "'�_ `���
MmnrezJ. cervanles, CityAitorney
Civil Diviaion
400 CityHaZl
IS F.'estKeIIoy,ABTvd
SamtPau� Minnesota 55702
Te7ephone: 657 266-8�10
Fac,rimile: 65I 29&5619
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Owner/Manager
Rase Automotive, Inc.
1229.Payne Avenue
St. Paul, MN 55101
RE: Second Hand Dealer-Motor Vehicle license application submitted by Rase Automotive,
Inc., d/b/a Rase Automotive Inc., for the premises located at 1229 Payne Avenue
in Saint Paul
License ID #20050001517
, Deaz Sir/Madam:
The Office of License Inspections and Environmental Protection has recommeaded denial
of the Second Hand Dealer-Motor Vehicle license application submitted by Rase Automotive,
Inc., d/b/a Rase Automotive Inc., for the premises located at 1229 Payne Avenue in Saint Paul.
The basis for the recommendation is as follows:
On June 3, 2005, you applied for a Conditional IIse Permit for auto detailing
and auto sales for the property on 1229 Payne Avenue. After a public
hearing by the Saint Paul Planning Commission's Zoning Committee on
July 7, 2005, the Commission voted to deny your application request on
July 15, 2005.
You then requested a pnblic hearing before the Saint Paul City Council to
consider your appeal of the Planning Commission's decision. This public
hearing was scheduled to be held on September 7, 2005. However, prior to
the starf of the public hearing it was reported to the Planning Commission
that you had sfated via an e-mail dated September 6, 2005 your intention to
withdraw the appeal in this matter.
A conditional use permit is required for an auto detailiug and auto sales
license. Therefore, your license application will have to be denied.
AA-ADA-EEO Employer
Rase Automotive, Ina � � ' �
October 12, 3005 .
Page 2
At this time you have two options on how to proceed:
If you wish to ba�e a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admitting the facts and requesting a public hearing. We
will need to receive your letter by Monday, October 24, 2005. Note: if vou reauest a
public hearin� before Citv Council it will o�lv address the issne of vonr license
apnlicafion denial At that time you will bave any opportunity fo appeaz before
Council and make a statement on your own behalf.
2. You may withdraw your license applicafion. Send a written statement to that effect to the
Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite
200, St. Paul, Minnesota 55101-1002 no later thau Monday, October 24, 2005.
Information should be directed to the attention of Christine Rozek. Any request far a
refund of the license application fee must also be made in writing to the Office of LIEP.
Please let me know in writing nn later than Monday, October 24, 2005, how you
would like to proceed. If I have not heard from you by that date, I will assume that you are
not contesting your license application denial.
If you have any questions, feel free to call me or have yout attorney call me af 266-8710.
Sincerely,
� ��
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Suzanue Snaza, 345 Robert Drive, Hastiugs, MN 55033
AA-ADA-EEO Employer
�
STATE OF MINNESOTA )
) ss:
COITNTY OF RAMSEY )
�-
AFFIDAVIT OF SERVICE BY U.S. MAIL
05 to'�3
MEGI�AN McGIVERN, being first duly sworn, deposes and says that on October 12, 2005,
she served the attached NOTICE OF IN'I'ENT TO DENY LICENSE APPLICAT`ION by placing
true and correct copies thereof in envelopes addressed as follows:
Owner/Manager
Rase Automotive, Inc.
1229 Payne Avenue
St. Paul, MN 55101
Suzanne Snaza
345 Robert Drive
Hastings, MN 55033
(which are the last known addresses of said persons) depositing the sune, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
���i.1.�_ lt��_____'t�
MEGHAN McGIVERN
Subscribed and sworn to before me
JOANNE G. CLEMENTS
�W7ARY PUBLIC. MINPESOtA
MY COA4MiSSION
EXPlRESJAN.31.201 p
this 12th day of October. 2005.
. 16/33/2065 23:51 6514376968
Suzanne M. Snaza
34� Robert Drive
Hastings, MN 55033
October 2�, 2�05
City of St. Paul
Rachei Gunderson
Assistant City Attorneyl
Re: 1228 Payne Ave.
RASE
PAGE 01
a5 �0�3
This is notica that I wish to have my case heard 'm front af the city councit. I have
had potsnti8�l buyers for this property, and they have baen mat with negativity.
They have 6acked out of purohasing this property for that reason. This is an
auto relat�d property, and the only one avaii�bfe on Payne Avenue. I am sure
everyone is aware of the abundance of availab►e stoce front properties in that
area. I have had som� very interestsd parties on my property, seeking to
operate an automobile related business there. I am hoping tha2 futu� potential
buyers will be met with a more welcoming tone. f would like to remain in this
building until I am able to sell it. t wish to have the same conditions as my father
had in this building for the past 7 y�ars. Auto clean upldetailing and auto sales.
\/ ��._ -� � ►/� �� �
OCT-Z4-20a5 12�02 651437696B 99z P_A1