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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 � �,�V�. i.�l�- �t��" �n�� �+�- ��� , l� I a� i �" ��� = t `� i S �s�t.ZCt ��'• � c�� l,l� ��il1� f J �`/*jj�j�e� ls�'�`. C��� � , r.�t. ��1- �'�-�'��� ! r���d a.�/Da � � � 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 � �-3 -O.� K:VOrmslscup.apP.wptl 115/OS , t � T L� " �J �� � � � V � � .�� � � � ` � ti ��� � „ 1 � � � � �_` r � -� tc s � � � . � .� � � � � � � � � �'v ��� �� ��� � i �t�(� � � ' �� � � - �� � � �' � �, � � a — �� �' � � � � � � � � �, � � ������ � ��N_ � .� � (� & 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. �lu� f.3�s:,t,K � +�-� � �e.at y�� �2 � f"�zn. /�✓s ��,ss,� r'h .a�,�'1 �- ��e f�-n- �q7'N P t�st Cd'3 c.� c� Z �}'rc��er.e � �'l j ��%t.�{ `{a /yb C's+n�o/!a/t� j �i.e�s��� _ � /f�..f %n 5'��eAP- �¢ f �ry� (attach additional sheef if necessary) �, d .� e�',+'!/. �°�Ci' � --�-���E r��. �i-o m �c%Cenl� � ,e-!1 z�. t�,+s� �rl.v�le tv,�� � �� �' t ° '�o,f � �.�. 7'�-�' '�1e✓� Le. �,� jt.�s � s �1 � r � !� r � C�,�s� � �G'fe�'J _ / /�.eovG �J �ik! � �rs�s'9�r5 �j' � [�3�-�� � � V `° �,I� ApplicanYs Signature Date � a��✓�' City Agent � 3 �� K:V'oims]appfonpp¢yl.wpo li/8/04 t3 (� � CY�-tbl3 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 � (,j� � � os-��� - Green Sheef Green Stieet Green Shee{ Green Sfteet Gtsen Sheet Green Sheet � cn -r.�.� ,2� � Green Sheet N0: 3D27984 ' ContactFe�soaBAFmne: � Pe�r Wamer 2eGa�to � . tdUStBeoncouna�tgenaabv(�F N�nnner FOC RO11HIk} OIdBC . To61#OfSignature '��n�� � :.�•�'�� i� �� -- r �'+ tl�1+1L�!'���—�� "'� � ILA���� �u N = � � 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 � __ �� 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= F ��.�.�...�� �j 10l'� FA � � s�� fA�l (.�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 �����_ ������ r�� � � w�,. se�a.�� �. aoos at s:so rn� m uu co�ca ct� ir+s. 1liiid bYOOr (xty Ffati. i5.R'est 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$} � � INEg2YER[CHSOiF 8ss�siant etty eouncS! secrerary � 1)steAAvgusb23 . (etv8�3k�51 �asrw�n.�acen� riie�2e:' . . ' . 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