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05-362Council File # � � Resolution # Green Sheet # ��-�\ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date l7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS,Hoc Nguyen, in Zoning File 05-063-463, appiied for a Modification of his Conditional Use Permit for outdoor auto sales to allow 25 vehicles for sale and 38 total on site. (23 vehicles allowed under current permit) at property located at 380 Maryland Ave W. and legall_✓ described as WILKIN & HEYWARDS OUT LOTS TO ST. PAUL SUBJ TO ST & AVE & EX S E FT OF E 173 FT THE E 233 FT OF LOT 61, (PIN 252923210001); and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conductea a public hearing on March 3, 2005, upon giving proper notice and in which all persons appearing were given an opportunity to be heard and, at the close of the hearing, voted to recommend approval of the Conditional Use Permit subject to 12 conditions, one of which limited the number of cars permitted on the site to 23; and WHEREAS, on March 11, 2005, the Saint Paul Planning Commission, based upon all the records and files before it and the recommendation of the Zoning Committee, moved to approve *he Conditional Use Permit subject to conditions based upon the following findings of fact as set forth in Planning Commission Resolution No.05-29: 3. The applicant has an existing conditional use permit for auto repair as well as one for outdoor auto sales that allows no more than 23 vehicles to be on the lot at one tirr e. He is requesting a modification of that condition to permit an additional 15 vehicles, for � totai of 38 vehicles on the site. This total includes vehicles for sale, vehicles being repaire��, customer and employee vehicles, and other vehicles associated with the business. § 65.705(b), one of the standards for auto repair, states: "A ten-foot landscaped bufl�r with screen planting and an obscuring fence shall be required along any property line adja+�ing an existing residence or adjoining land zoned residential." The site plan accompanying the 1993 Conditional Use Permit application shows a 10 ft. buffer along the south property line. This buffer was either never established or was removed at some time prior to the 2002 application. A screen fence along the southern and western property lines was installed. The site plan approved for the 2002 application showed a buffer area along the west property line of 28 ft. Sometime after April, 2003, this landscaped area was largely pavEd, leaving only about 6 ft. of landscaped area. In order for the business to be in compliance� with the conditional use permit for auto repair, the western landscaped area must be restored to 10 ft. Paving has been removed so that there is a 10 ft. buffer along the western property line. §65.706 lists the standards for outdoor auto sales. (a) The lot or area shall be provided with a permanent, durable and dustless sue�ace, and shall be graded and drained so as to dispose of all surface water accumulatr�d within the area. Paving and striping the lot has been done. This condition is met. (b) Vehicular access to the outdoor sa/es area shall be af least sixty (60) feet from the intersection of any two (2) streets. Two nonconforming driveways were closed as part of the 1993 permit. The remaining two driveways meet this condition. (c) No repair or refinishing shall be done on the lot unless conducted within a compl�tely OS- 3 LZ Pag r.a2 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 � � � enclosed building. The applicant states that all repair work is done inside the existing building. There have been no complaints about repair work being done on the lot. This condition is met. (d) The minimum lot area shall be fifteen thousand (15, 000) square feet A site plan shall be submifted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. The lot area is 19,000 sq. ft. The site plan submitted show:.� the restoration of the 10 ft. buffer along the west properfy line. The landscape bed along Maryland has been increased to the minimum 4 ft. required by the code. The site plan aiso shows spaces for 25 vehicles for sale, 11 customer spaces, 1 handicap space, and 1 employee space. This condition is met. Ten spaces for customers and employees are required by the zoning code. (e) In the case of pawnbrokers. .. The business is not a pawn broker, so this conditien does not apply. §61.501 lists five standards that all 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 council. This condition is met. The Land Use Plan identifies this area as a"Neighborhood Area;" the zoning code, which implements the Land Use Plan, recognizes the commercial nature of this corner by its B-3 zoning, which allows auto repair and outdoor sales of autos. The Planning Commission approved a new District 6 Plan Summary on July 2, 2004. This plan makes no specific recommendation about this area, so this condition continues to be met. (b) The use will provide adequate ingress and egress to minimize traffic congesfion in �he public streets. This condition is met. No changes to ingress and egress have been made, since the 2002 permit. (c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition can be met provided the applicant complies with the conditions of the permit. The applicant states that he will comply with the limit of 38 cars permitted on the lot. The decorative fencing and landscaping on the lot improve the appearance of the business. Maintenance of these improvements will ensure that the use will not be a detriment to the existing character of the development in the surrounding area. The lot is of sufficient size that all activity can take place on it. Therefore, the use should not endanger the public health, safety and general weifare. (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 can be met. The staff report for the 1993 permit noted that "the residents in the immediate area take great pride and care in maintaining and improving their properties. The applicant should take pride and care in improving and maintaining the property, as required, so that his proposed uses will not significantly alter the character of the area or impe�+e the normal and orderly improvement of surrounding property." The new townhouse development proposed on the north side of Maryland across from this site will improve this neighborhood. Suitable improvement and maintenance of the applicant's property will support this new development. The applicant has agreed to meet conditions regarding landscaping and maintenance of his property. Provided that the applicant meets these requirements, this condition is met. (e) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition can be met provided the applicant complies with_ the site plan submitted with landscape beds of 10 ft. along the west property lir:e and the beds along Maryland west of the driveway increased to 4 ft., the minimum needed for plants to survive. The Planning Commission attached a number of additional conditions to the permit issued in 2002. Many of these conditions remain relevant to the proper operation of the outdoor vehicle sales and auto repair business and should be applied to a new permit as well. At the time of the staff visit to the site, a total of 27 cars were observed on the site. There also appeared to be a vehicle in the fenced and screened holding area between the building OS- 3�- Page 3 and the fence to the south. Jeff Hawkins, LIEP zoning and licensing inspector, also reported on February 23, 2005, that a complaint was received stating that there were toc- many cars on the lot. � 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code §61.702, Hoc Nguyen duly filed an appeat from the determination made by the Planning Commission as Zoning Fi(e 05-078- 678 and requested a hearing before the City Councii for the purpose of considering actions iaken by the said Commission; and WHEREAS, acting pursuant to Saint Paul Legislative Code §61.702 and §61.704 and upon notice to affected parties, a public hearing was duly conducted by the City Councii on April 6, 2005, where all interested parties were given an opportunity to be heard; and WHEREAS, The Councii, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission does hereby RESOLVE, that the Council of the City of Saint Paul does hereby affirm the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. The Council finds no error in the facts, findings or procedures of the Planning Commission in this matter, and accordingly, adopts as its own the findings of the Planning Commission as contained in Planning Commission Resolution No. 05-29 in this matter. AND BE IT FURTHER RESOLVED, that the appeal of Hoc Nguyen be and is hereby denied; 26 and be it 27 28 FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Hoc Nguyen, 29 the Zoning Administrator and the Pianning Commission. Benanav � Harris � Helgen � Lantry � Montgomesy ✓ Thune ✓ Adopted by Council: Date � Adoption Ces By: Approved by By: Requested by Department of: Planninc; & Economic De,elo me t � � _ Approved by Financial Services � � By Fozm Approved by City Attorney aS-��a � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenVoffice/wuncil: Date Initiated: � PE -��g&�„o��..elap�t 07-APR-05 � Green Sheet NO: 30260�1 CoMact Person & Phone: Patriaa James 266-6639 Must Be on Councii /\qenda by Tota4 # of Signature Pages � Assign Number For Routing Order 0 lannine & Economic Develoo Patricia James � 1 lann'n¢ & Economic Develoo � Deoarlment D'rector i 2 'riAtturnev _ __. . CtiriAttornev 3 ayor's Otfice � Mavor/Assistant I�� 4 ouncil C� ancil 5 i Clerk � Ci lerk 6 lannin & Economic Develo Patricia James (Clip All Locations tw Signature) '�' � Action Requested: Approve resolution memoriali2iug City Council action denying Hoc Nguyen's appeal of the Planning Commission approval of a Conditional Use Pemut for outdoor auto sates ]imiting the number of cars on the lot to 23. Public heazing held Apri16, 2005. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a conVact for this department? Yes Pfo 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 arrent ary employee? Yes No Explain ati yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): HoG�xdguyen, in Zoning File OS-063-463, applied foi a Modification of his Conditional L3se Pernrit for outdoor auto sales to a11ow 25 vehicles for sale and 38 total on site. (23 vehicles allowed under current permit) at property located at 380 Maryland Ave W. Hoc Nguyen appealed the Planning Commission's approval of the pernut with a limit of 23 cazs on the lot. Advantages If Approved: City Council intent is finalized. Disadvantaqes If Approved: None. Disadvantaqes If Not Approved: City Council action will not be completed. ) � t' �� otal Amouni ot Transadion: Fundinp Source: CosURevenue Budgeted: Activity Number: Financial I nformation: (Explain) DEPARTTdENT OF PLANN/NG & ECONOMlC DEVELOPMENT Susars Ktmbedy, Director �' ✓W� CITY OF SAINT PAUL BanAy C Kelly. Mayor March 23, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: � 25 Wut Four[h Street Te[ephone: 651-266-6700 SairstPnul,MN�S/01 Fncsimde:631-218-3??0 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, April 6, 2005, for the following zoning case. Zoning File Number: 05-078-678 Appellant: Hoc Nguyen Address: 380 Maryland Ave., SW corner at Western Purpose: Modification of Conditional Use Permit for outdoor auto sales to allow 25 vehicles for sale and 38 total on site. (23 vehicles allowed under current permit) Previous Action: Zoning Committee Recommendation: Approval with conditions for 23 total vehicles, 6- 0 March 3, 2005 Planning Commission Recommendation: Approval with conditions for 23 total vehicles, unanimous, March 11.2005 I have confirmed this day with Councilmember Helgen's office. My understanding is that this public hearing request will appear on the agenda for the March 23, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. erely, �\\_s�� i Patricia James City Planner cc: File #: OS-078-678 Appellant: Hoc Nguyen Karen Marty Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF PUBLIC HCARING The Saint Paul City Council wilt- con- duct a public hearing on Wednesday,April 6, 2005, at 5:30 p.m. in the (.4ty Covncil Chambers, Thixd Floor, GSty Fiall, to con- sider the appeal of I3ce Nguyen fbr a Modi- fication of a Conditional Use Permit for Outdoortluto sales to allow 25 vehicles for sale aad 38 total on site (23 vel�ides al- lowed under the cnn�ent permit) ay� 3S0 Marylaqd Avenue (SW coraer at Western Adenue). . � Dated: March 24, 2005 . Mt1RY ERICKSON, � - � Assistant City Council $ecretazy (Mazch 31) _'_'__ S7: PAUt. LSGAL LfiDGER —_ 22094895 AA-ADA-EEO Employer .� rv?. � ., s �� sa�� ; �� ° � i!'� � �� ,`•e�� : � , � 9�� , '� �a'� � '�°-, � �-�-,._ - � ;;; —_.,. ; � � �� r �- ; "' � � � �� '� µ� . _ �„, ';a '�� sz � � ��' ��'- '_�. � =: � �-� �� , m; � � � s; %A;�k � �,� - laE, ��h�'x;�4; ,'� i� ��n �� !' � � �.� �� ;,��- .�_ „ ` �� e� �:, �, �� y� � - s �" 1 ��C � � �e �� y'�°'.�. y e\ :� ��5�..+- `F'� 3� e .� �� x� �4 ��.e- � � � s,` ' w ry� _ .�� . �-.� `��-„.� . `C � � � ��•: ;�,►� .� :Ra.. � i�:�� o � i�l�- �O • � ��+�b�7 �il�� s�' `;. . � ��, � `ic� ; � �; �� . �=�r; ,, � ' �� ,� r�; :. :� f� �- � �� ,Q � �� ;` - �� . ;�;,�� _ � `;. . `' m i ;;^1 ��`�'�'�+��'��MS��'�`��`��"� �\ i . _ ;. .� 5� �� ^z ' �g � �� .n � �� `� � �� '"'�� f � } ' _ �. � �� E �y�� p F . g p � ' A �Ct��p'mya i ��a7 7 ��d� ��° �+5: �a ��,� �. 65- ��a I�:AMP'S FOOD MARKET 1059 WESTERNAVE. N SAINT PAUL, MN SSI17 (651)488-6636 To Whom It May Concern, ° �E��i�� 2005 FL11�Mg i�� ,&8�'9y�C BBfBG@Pyg3 April 1, 2005 For almost 100 years my family has owned and opented a grocery store in the city of Saint Paul. For the past 21 years my wife, Lisa, and I have owned and operated Kamps, the fourth generation of my Pamily to do so. I can attest firsthand to the amount of dedication and sacrifice it takes to own and operate a small business in today's world of large corporarions and big box stores. The reason for my letter today is to show my support for a fellow business owner in my community, Hoc Nguyen. Hoc, along with his sons Binh, Minh & Phu have been running Best Auto for 10 years on the comer of Western and Maryland Avenues. When I refer customers to Best Auto it is not because he is simply the repa'u shop down the street from me, iYs because Hce provides service the way my family provides service in the grocery business. Aoc has proven over and over again to be honest and very fair to the people he serves. I have sent many peopie to Hoc over the past years and have always received posirive reviews from these people regazding how fairly they felt they were treated and how proficient Best Auto was in the repair of their vehicles. I know that a couple ofyears ago Best Auto expanded iYs business to selling automobiles from theit lot. In fact, my niece Elaina purchased an automobile &om Best Auto and is very happy with the way she was treated and the value she received. I also lmow that there has been an issue around the number of automobiles that are allowed to be on his lot. I believe ffiis number is somewhere around 24. Hoc has been trying m get approval from the ciry to allow up to 36 cars. The rewazd to Best Auto for doing a good job has been an increase in cars on Best Autds lot for both repairs and sates. On a particularly cold day tlus past winter I saw caz after caz being towed into their lot for repair. Was Aoc supposed to turn them away or somehow reduce the number of cars he has for sale? The same gces for car sales, with increased business comes a need far more inventory. Hoc is not asking for weifaze or taY breaks! He is simply asking that he be allowed to benefit from the result of his hard work. I hope the city will aliow Best Auto to expand the number of cars it is able to have on their lot. Hoc has recently joined the North Area Business Association and last month we attended a breal�'ast meeting with Mayor Randy Kelly that was hosted by the Chamber of Commerce. At this breakfast Mayor Kelly assured us that there would be property tac increases for businesses in the coming year. When we add this to the insurance hikes and other rising costs of running a business iYs very difficult to "stay above water." Ten yeazs ago Aoc's sons were boys, now they are men and if tlus business is going to continue to provide for their needs it will include daughter-in-laws and gandchildren. I thiuk it is only fair the he should be able to maYUnize his ability to meet these increases in operating eacpenses. Hoc has done an ouTstanding job for the past ten years and I imow he will continue to do so for the next ten or twenty yeazs. His recent involvement in the business associarion and attendance at the Mayor's Breakfast show a desire to create an stronger sense of communiry. I Irnow aimost every business owner in the North End and Hoc shows the same desire to serve ttus great community as att the other successful basiness do. I hope you support his efforts W do so. Please coniact me if I may be of any assistance in this matter. Sincerely, Paul Kamp Kamp's Food Mazket b5 -� 6� �� ,� �� ArK = 2005 _ _ _��----- - . .. - - � Pll�SIA� 1� &�B�a� C�EiSL�P�------- -- - �1 __�.,_ —.�____-- ---.---- ��-_��__�_._z.� �__. -- --- --- -�----- �in1 ��/._3_�___�._ __.--_ - ----- --------- __- ° s�=- �.�-s_ =� � �-�_- -- ---- -- - - - -- - — - - - �vt�l � �'��:c.�r�v' �'lA.s-� ��.�!� / _ ) � l � _______�__._,.,�._. ____St�. �i� �, �� --��r+�-_ �L� 1 � �- �--- ------------- — . -��'� C� S_�P �- -..��'?_ o— ___�� s� �� . __ _ _ -- --- � .Li,. -�L��c � .! n w r� ol;:� _ rv � �2r e �'� /n �,,.. d;�br.. �� - -- � " . Q5-36� � "" '� - 2005 �� 1�11I1►i11168�y�IEi�9t46d /1 � i /l . _ � . ; ._ � ., iri �- PLI�?�[B 11H • �(':�✓'�Vte� �7c>Z� i�S.�� Ca-S� �u� 5T • P��/, �i�� S"� /a� �� _�l ) 77/- 7.=� —�1 .A _� c aH 7 � 7/ � [ r� � . �E�� o5-��a as-��a L�s� � � 56 �� _ , N('K ; � �� • �r . , � � O ►r i � �� A � V Q Q �a! _-. � � ..r � o5 ST PAUL CI'CY COUNCIL Public Heariug Notice ��, � w � � � � `o � a � � � � � x � � � S A ( �- � CfTYOF SAINTPAUL Dept. oPPlanning and Economic Deve)opmeni Phone:{651)2GG-6584 Fax: (651)223-3220 FILE # OS-078-675 YUBPOSE: Appeai of Ptanning Commission approval of netiti Conditional Use Permit to allon onl}� 23 vehtcles on the lot, (3$ eehicles reqaested). � PROPERTY ADDRESS: 380 Viaryland A��e. �t'., SR� rnrner aY �'Vestern APPL[CANT: Hoc Nguyen HEARING DATE: Wedaesdav. Aoril b, 20Q5, at 5:30 n.m. AIt public hearings are heid in City Council Chambers, 3"' Floor City Hall - Court House, I S W. Kellogg Boutevard. You may send wzitten comments to the Zoning office at the address listed on �he reverse side of this card. Please calt (651) 266-6639, or e-matl patricia.james@cistpaul.mn.ns, or call your District Council representative af ¢6S1) 488-4485 if you have any questipns„ // NFarch � h � ` �/}�,G�.GL ✓ � , i � /'C/ � � �� i ��" " (o _ �1 �-- �f% �� t✓ o5-��a L kF �� . � � ��aay��c��aa _ _� �� S __.--------._ �� _ ��i�G 3i=� �/�s a5-��a � � LJOC� �y�'�—� �"wJ� `oPP�� n., _.t r.�.�.�-� n..00 �Pr, i:r P_ rw....j n n..J �-\.,o . i � dn ,.k L. �, � ,nn� ,,,,^1_ � _�,,, r�,� �„� .,.r. �1n ' � — ; �� .� �.:..,\ rr�Al SS \i q �"�p�,�� i , _ _ _ . _ , _ .. _ .,. CAc,� � - N �. �;��h C in.�n (�►1. � krK �� ^_. �z,n.._ ` 2pQ5 �'_ u�► M N � 51 �1'2 � � arn q �u� �Uk w e w a cl ct �i csn G�-1 c �he� c� 25 ti d-� � �Ar s1 (�1,4�__ S�X U i c.Q . � ri�hnq `iv \et i�oU 1�K� 15 mor� in 3-esk 'A�� lt_ 0 1 w 05-31oa. 0 � 1 �u �- �5-��a � �� -{ A � K � 20Q5 �� /� �i/_ - os-��a . A/'� , � r + 90nr �R$ � J�� i � In/�n� �.S GL�^� .S/�o�✓ � 1�Gw.a:v� �2/2 ,�a� ' n/ n r r- -- • � . i i i . dt h �c �� tn�rl�(�/s�� aw✓ � �� - 5- ,, �� -e� G ss�� al. v� v � �G � -k c �1� r� � ��I � � � ��--i � � � v � �-- �—�— l��` SS ,'��ii� ��l�Y � �;G�_�l0_�. --- ��r'GV� � �( � V G� � i �, e.� e � ��',�� : �lYh � � � � 20Q5 PI.lqqj$Baf:#? ��v;g:iF+eF�->_ � p5-�6a. -3�%" OS- DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT SusanKimberly, Director CITY OF SAINT PAUL Randy C Kelly, Mnyor W� March 23, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 � � Dear Ms. Erickson: 25 Wesi Founh Streee Saint Pnul, MN 55l02 o5-��a W/ Telephone: 6i1-266-6700 Fncsimile: 651-228-3Z20 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, April 6, 2005, for the following zoning case. Zoning File Number: 05-078-678 Appellant: Hoc Nguyen Address: 380 Maryland Ave., SW corner at Western Purpose: Modification of Conditional Use Permit for outdoor auto sales to allow 25 vehicles for sale and 38 total on site. (23 vehicles allowed under current permit) Previous Action: Zoning Committee Recommendation: Approval with conditions for 23 total vehicles, 6- 0 March 3, 2005 Planning Commission Recommendation: Approval with conditions for 23 total vehicles, unanimous, NYarch 11.2005 I have confirmed this day with Councilmember Helgen's office. My understanding is that this public hearing request will appear on the agenda for the March 23, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. �' erely, �`\_��v� �v�-�—L � Patricia James City Planner cc: File #: 05-078-678 Appellant: Hoc Nguyen Karen Marty Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson AA-ADA-EEO Employer DEPARTMENT OF PLANNING 8� ECONOMIC DEVELOPMENT Sus¢n Kimberly, Director March 29, 2005 CITY OF SAINT PAUL Randy C. Ke[ly, Mrryor u • Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 Wes: Founh Street Telephone: 65L266-6700 SaintPaul,MN55[02 Facsimile:6.i1-228-3220 Re: Zoning File #: 05-078-678 Appellant: Hoc Nguyen Address: 380 Maryland Ave., SW corner at Western Purpose: Appeai for modification of Conditional Use Permit for outdoor auto sales to allow 25 vehicies for sale and 38 totai on site. (23 vehicles allowed under permit approved by Planning Commission on March 11,2005) (Zoning File # 05-063-463) City Council Hearing: April 6, 2005, 5:30 p.m., City Council Chambers Staff Recommendation: District Council: Zoning Committee Recommendation Support: Opposition: Planning Commission Recommendation: Deadline for Action: Staff Assigned: Aooroval with conditions for 38 vehicies Recommended denial Approval with conditions for 23 total vehicles, 6-0 3 people spoke, 4 letters received 0 people spoke, 0 letters received Approval with conditions for 23 total vehicles, unanimous April 10. 2005 (originai deadline) Patricia James, 266-6639 �s-�6a � vote: vote: Attachments: Planning Commission resolution Planning Commission minutes, March 11, 2005 Zoning Committee minutes, March 3, 2005 Correspondence received Staff Report packet cc: Zoning File #: 05-078-678 Appellant: Hoc Nguyen City Councii Members District Councii: 6 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO Employer SAINT PAUL � AA APPLICATION FOR APPEAL D¢parhnettt of Planning and Economic Development Zoning Section 1400 City HaU Anne� 25 West Fourth Street SaintPaul, MN 55102-Z634 (65I)266-6589 APPLICANT PROPERTY LOCATION City S�{ pau l St. �� Zip 5� I f 7 Daytime Phone(.S� a?d�— /o`fa Zoning Pite Name Address / Location� TYPE OF APPEAL: Appiication is hereby made for an appeai to the: ❑ Board of Zoning Appeals � City Council Under the provision of Chapter 64, Section Co � Paragraph � 0-� of the Zoning Code, to appeal a decision made by the 20�. File Number: a�� —� Ln 3 (date of GROUtdDS FOR APPEAL: Explain why you feei there has been an error in any requirement, permit, decision or refusai made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. �ler�.s e 5 e � ��'etY' � � �� y�°= �� ,. addi4ional sheet if necessary) �pPe��nt�s C,� A9en$ �� os- �a r� �� GROUNDS FOR APPEAL We believe there was an enor in the findings made by the Pianning Comxnission when it denied the request for an increased number of vehicles on the lot. City staff recommended approval of the requested conditional use pemut. The stafF report noted that Mr. Nguyen's proposal could provide an asset to the neighborhood. When this matter came before the Zoning Committee of the Planuing Commission, and the Plamring Commission, they declined Mr. Nguyen's request, and modified the condifions of Mr. Nguyen's 2002 conditional use permit instead. Violations prior to February 2004. The one concem expressed by the Planning Commission was that too many vehicles had been pazked on the property. This was their only articulated reason for refixsing to approve the requested conditional use permit. Although this concern was valid prior to February 2004, it is not valid now. Prior to February 2004, Mr. Nguyen did not understand the limita6on on vehicles in his 2002 conditional use pemut. Tl�ere is a serious cultural and language gap, which impeded his understanding and compliance with the conditional use permit. In February 2004, city staff successfixlly explained to Mr. Nguyen the limitation on the number of vehicles in his conditional use pernut. Since then, he has been cazeful no to exceed the permitted number of vehicles. • Few violations since February 2004. There have been a few reports of violations since February 2004. Violations can occur due to overuse of the lot by Mr. Nguyen, or due to the fluctuation of business during a given day. Mr. Nguyen states that they ail have been due to the fluctuat3on of business, and the facts show this is true. Each complaint states that Mr. Nguyen had an excessive number of vehicles on lus properiy on a specific day. Mr. Nguyen was not contacted during or shortly after any of the complaints. No one ever asked whether the excess number of vehicles was due to a sudden inflwc in customers, or whether Mr. Nguyen was parking an excessive number of cars for sale or repair. Mr. Nguyen was told of only one complaint in a timely manner. That one came about on a day when a large number of cazs were towed to his iot, and a customer brought in a lazge number of friends - each driving their own vehicle - to view a car for sale. Mr. Nguyen has no control over how many vehicles are towed to his lot, nor over how many people drive onto his property. He cannot realistically be expected to station someone at the driveway to tum customers away when all the pazking spaces are filled. Counting not enou�h. Merely counting the cars on the lot at a single point in time, without more, is like counting the cars at a McDonald's drive-through at a single point in time: it hazdly gives a reliable picture of the number of vehicles usually there. The city regulates how long a drive-through lane has to be, so that cars do not stack up blocking a driveway or sidewalk. A McDonald's drive-through will sometimes have more vehicles than it is supposed to, due to a • sudden influx of business, such as after a sports gazne. The city would not close McDonald's or b5 - �a • require it to tum away customers if it had more customers than planned for. The sporadic increases in the number of customers is typical at a fast food restaurant. It is typical for an auto sales and auto repair business, too. When countine will show a problem. _ If staff regularly received complaints that there were too many vehicles, then it would merit the city talang action. If staff received complaints on consecutive days that there were too many vehicles, then there would be a serious question of whether Mr. Nguyen was follocving the conditional use permit. If there were even a single compiaint that there were too many cazs on site overnight, it would merit the city taking a close Iook at what was occurring. However, none of these aze the case. Conclusion. The city has received only a few complaints in an entire year, and staff does not lrnow or could not investigate the circumstances. They aze not violarions. Rather, the complaints aze due to the normal and expected fluctuations in business. Counting the vehicles and complaining the few isolated times when there were too many vehicles, does not provide a fair basis for the denial of Mr. Nguyen's request. The Planning Commission erred in making that finding. We respectfully urge the City Council to grant Mr. Nguyen's request to haue 25 vehicles for sale, and a total of 38 vehicles on his lot. C� �� 05�3�� city of saint paul �planning commission resolution file number 05-29 date March 11. 2005 W HEREAS, Hoc Nguyen, File # 05-063-463, has applied for a Modification of Conditional Use Permit for outdoor auto sales to allow 25 vehicles for sale and 38 tota( on site under the provisions of §65.706 of the Saint Paul Legislative Code, on property located at 380 Maryland Ave W, Parcel Identification Number (PIN) 252923210001, legally described as WILKIN & HEYWARDS OUT LOTS TO ST. PAUL SUBJTOST&AVE&EXS6FTOFE173FTTHEE233FTOFLOT 61;and WHEREAS, the Zoning Committee of the Pianning Commission, on March 3, 2005, 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 §64.300 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 substantially reflected in the minutes, made the following findings of fact: 1. The applicant has an existing conditional use permit for auto repair as weli as one for outdoor auto sales that allows no more than 23 vehicles to be on the lot at one time. He is requesting a modification of that condition to permit an additionai 15 vehicles, for a total of 38 vehicles on the site. This total includes vehicles for sale, vehicles being repaired, customer and employee vehicfes, and other vehicles associated with the business. • 2. § 65.705(b), one of the standards for auto repair, states: "A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any property line adjoining an existing residence or adjoining land zoned residential." The site plan accompanying the 1993 Conditional Use Permit application shows a 10 ft. buffer along the south property line. This buffer was either neve� e�tabiishe� or was rerrraved ai saife iime prio� to tne 2"vu2 appiicaiion. H scree� rence aiong the southern and western propetty lines was installed. The site plan approved for the 2002 appiication showed a buffer area along the west property line of 28 ft. Sometime after April, 2003, this landscaped area was largely paved, Ieaving only about 6 ft. of landscaped area. In order for the business to be in compiiance with the conditio�al use permit for auto �eQair, the western landscaped area must be restored to 10 ft. Paving has been removed so that there is a 10 ft. buffer along the westem property line. 3. §65.706 lists the standards for outdoor auto sales. (a) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be greded and drained so as to dispose of all surface water accumulated within the area. Paving and striping the lot has been done. This condition is met. �,o�ed by Mo�ton S�CO�,ded by �n favor lJnanimous � against os-3��, Zoning File #05-063-463 Planning Commission Resolution page 2 (b) Vehicular access to the outdoor sales area shall be at least siuty (60) feet from the intersection of any iwo (2) streets. Two nonconforming driveways were closed as part of the 1993 permit. The remaining two driveways meet this condition. (c) No repair or refinishing shall be done on the !of unless conducted within a completely enclosed building. The appiicant states that all repair work is done inside the existing building. There have been no compfaints about repair work being done on the lot. This condition is met. (d) The minimum lot area shall be frfreen thousand (15, 000) square feet. A site plan shall be submitted showing the layouf of the vehicles for sale or rent, employee parking, and customer parking. The lot area is 19,000 sq. ft. The site plan submitted shows the restoration of the 10 ft. buffer along the west property line. The landscape bed along Maryland has been increased to the minimum 4 ft. required by the code. The site pian also shows spaces for 25 vehicles for sale, 11 customer spaces, 1 handicap space, and 1 employee space. This condition is met. Ten spaces for customers and employees are required by the zoning code. (e) ln the case of pawnbrokers. .. The business is not a pawn broker, so this condition does not appiy. 4. §61.501 lists five standards that ail conditionai uses must satisfy: � (a) The e�ctent, tocation and intensity of the use wil/ be in su6stantial compliance with fhe Saint Paul Comprehensive Plan and any applicable subarea pians which were approved by the cify council. This condition is met. The Land Use Plan identifies this area as a"Neighborhood Area;" the zoning code, which implements the Land Use Plan, recognizes the commercial nature of this corner by its B-3 zoning, which allows auto repair and outdoor sales of autos. The Planning Commission approved a new District 6 Plan Summary on July 2, 2004. This plan makes no • specific recommendation about this area, so this condition continues to be met. (b) The use will provide adequate ingress and egress to minimize tra�c congestion in the public streets. This condition is met. fVo changes to ingress and egress have been made, since the 2002 permit. (c) The use will not be detrimenfal to the existing character of the development in fhe immediate neighborhood or endanger the public health, safefy and general welfare. This condition can be met provided the applicant complies with the conditions of the permit. The applicant states that he will comply with the limit of 38 cars permitted on the lot. The decorative fencing and landscaping on the lot improve the appearance of the business. Maintenance of these improvements will ensure that the use wili not be a detriment to the existing character of the development in the surrounding area. The lot is of sufficient size that all activity can take place on it. Therefore, the use should not endanger the public health, safely 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 can be met. The staff report for the 1993 permit noted that "the residents in the immediate area take great pride and care in maintaining and improving their properties. The applicant should take pride and care in improving and maintaining the property, as required, so that his proposed uses will not significantly alter the character of the area or impede the normal and orderly improvement of surrounding property.° The new townhouse development proposed on the north side of Maryland across from this site will improve this neighborhood. Suitable improvement and maintenance of the appiicanYs property will support this new development. The applicant has agreed to meet conditions regarding landscaping and maintenance of his property. Provided that the applicant meets these requirements, this condition is met. (e) The use shall, in all other respects, conform to the applicable regu(ations of the district in which if • is locafed. This condition can be met provided the applicant complies with the site plan submitted with landscape beds of 10 ft. along the west property line and fhe beds afong d5 � Zoning File #OS-063-463 Planning Commission Resolution page 3 Maryland west of the driveway increased to 4 ft., the minimum needed for plants to survive. 5. The Pianning Commission attached a number of additional conditions to the permit issued in 2002. Many of these conditions remain relevant to the proper operation of the outdoor vehicle sales and auto repair business and should be applied to a new permit as weli. 6. At the time of the staff visit to the site, a total of 27 cars were observed on the site. There also appeared to be a vehicle in the fenced and screened holding area between the building and the fence fo the south. Jeff Hawkins, LIEP zoning and licensing inspector, also reported on February 23, 2005, that a compiaint was received stating that there were too many cars on the lot. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authorifij of the City's Legislative Code, that the application of Hoc Nguyen for a Modification of Conditional Use Permit for outdoor auto sales at 380 Maryland Ave W is hereby approved subject to the foilowing additional conditions: 2. A total of 23 vehicies are permitted on the lot. Ten off-street parking spaces for customer and employee parking (one designated and marked for handicap parking) are required. The customer parking spaces will be so labeled. A balance of 13 additional vehicles are permitted. The building shall be maintained in good condition. The lot must be landscaped in accordance with the site plan attached to this conditional use permit, including the 10 ft. buffer at the west end of the site and the 4 ft. setback along Maryland west of the driveway. Curb stops or fixed edging must be instalied aiong the inside edge of the Maryland setback planted area to prevent cars from encroaching on it. The 10 ft. buffer area shall aiso be protected with barriers so that vehicles cannot drive on or be parked there. There shall be no e�erior storage of inoperable vehicles. There shall be no exterior storage of vehicle parts, tires, oii, batteries, or similar items. All trash must be stored in a covered dumpster or indoors. The large metal container may be used to store items that cannot be stored in the building. 3. • 4. 5 All vahir.lPS �?Ck?C� ol�t�pOrS m�g� gQ�ear �n hg r_.prr�QlQtalv accemhlari with nn ma�nr hpri� r n,g;-hg missing. Vehicle salvage is not permitted. 6. Vehicles intended for sale are prohibited from being parked on any street or projecting over a public right-of-way. 7, All vehicles associated with this business (vehicles used by the business, vehicies awaiting repair, vehicles awaiting pick-up after repairs, and vehicies for sale) must be parked only on this lot. 8. Permitee must comply with all federal, state and local laws. 9, No auto body repair is allowed. 10. Customer vehicles must not be parked on the premises longer than 10 days. 11. AII signs must conform to the zoning code standard. 12. The Pianning Commission shall review this Conditional Use Permit in Aprii, 2006, to determine compliance with all conditions imposed. � / � Saint Paul Planning Commission City Hali Conferenee Center 15 Kellogg Boulevard West Minutes of March il, 2005 05 - ��a A meeting of the Plannmg Commission of the City of Saint Paul was held Friday, Vlarch 11, 2005, at 830 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes. Donnelly-Cohen, Zimmer Lonetti, Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Alexander, Alton, Anfang, Coletta, Johnson, Kong, Kramer, and Mejia. Commissioners Absent: �, �: Mmes. *Faricy; and Messrs. Dandrea, Gordon, and Scott. *Excused Also Present: Larry Soderholm, Planning Administrator; Pah 7ames, Emily LTlmer, Penny Simison, Donna I?nimmond, Allan TorsEenson, Jessica Rosenfeld, and Mary Bruton, Deparknent of Plamvng and Economic Development staff; and Tom Beach, LIEP staff. • I. ` '' II. �. • Approval of minntes of Febrnary 25, 2005 MOTI0IV: Commissioner ponneLlly-Cohen moved approval of the minutes of February 25, Z"v05. Commissione Zia:mer LoneY:i secoaded the rnotiori. The mq�an carried unanimousty on a voice vote. Chair's Announcements No announcements. Planning Administrator's Announcements Lazry Soderholm reported on City Council business for last week and announced their agenda for next week. Mr. Soderholm announced that at this week's City Council meeting new appointments were made to the Planning Commission. The new Commission appointees aze Reggie Aligada, Jim Bellus, and Erick Goodlow. The following Commissioners have been reappointed for three more yaazs to 2008: Lawrence Dandrea, Kathi Donnelly-Cohen, Susan McCall, Marilyn Porter, and Marlyn Trevino. Mr. Soderholm asked Commissioner Morton, who also serves on the Boazd of Zoning Appeals, to update the Commission on parking for LaGroila Restaurant on Selby Avenue. Commissioner Morton explained that since the Commission denied the restauranYs application (which was for a site plan with access to their pazking lot from the aliey that is mostly used by residents) the two 65-3�a #OS-063-463 Hoc Neuven - Modification of Condirional Use Permit for outdoor auto sales to � � allow 25 vehicles for sale and 38 total on site. (23 vehicles aIlowed under current permit). 380 Maryland Ave., SW comer at Westem. (Pah-iciaTames, 651/266-6639) Commissioner Morton stated Dishict 6 recommends denial_ Three people spoke in support and 4 letters were received in support. No one spoke in opposition; I letter was received in opposition. The pubIic hearing cvas closed. The Zoning Committee recommends approval with conditions on a vote of 6-0. MOTION: Commissioner Morton maved the Zoning Committee's recommendation to approve the conditional use permit The motion carried unanimously on a voice vote. #GS-047-705 St. Thomas-IvicNeeiv riaiil�olIeee oi isusiness classroom buiidin�- Site rlan Review. 2115 Summit Avenue. (Tom &each, 651/Z66-9086) Commissioner Morton stated District 14 recommends approval. One person spoke in support. No one spoke in opposirion. The public heazing was closed. The Zoning Committee recommends approval with conditions on a vote of 6-0. MOTION: Commissioner Morton moved the Zoning Committee's recommerzdatiorz ta approve the site plan review. The motion carried unanimousty on a voice vote. Amendments to the Sien Ordinance - Approve resolution. (Wendy Lane, 651/266-9081) Commissioner Morton stated this case was laid over to the March 17, 2005, Zoning Committee • mee+.ing. Comtn�sioner Morton announced the agenda for the March 17, 2005, Zoning Cet!L*iuttee meeting. NEW BUSINESS #OS-068-896 Hon¢ii Lee Bessler - Change of Nonconforming Use from medical device sales office to acupunchse clinic. 236 Cretin Ave. S., between St. Clair and Sazgent. (Patricia .7ames, 651/266-6639) OLD BUSINESS Amendments to the Sien Ordinance - Discussion and recommendation. (Wendy Lane, 651/266-9081) . Communitv Residential Facilifies & Roomin� Houses Zonine Studv- Discussion and recommendation. (Donna Drummond, 651/266-6556) Adult Entertainment Zonine_Studv- Review of distance standards withbetter maps. (L¢rry SoderhoZm, 651/266-6575) • o5-��a'� • Commissioner Anfang reported on the Mississippi River Crificai Area Task Force saying they met yesterday and discussed vegetation, endangered and thzeatened species, and species of special concems. The task force meeting schedule is being extended to 7une. Commissioner Porter reported on the Loeb I.akz Task Force saying the first meering was last night, Mazch 10" . The consultants were present along with staff to explain the planning pLOCess and also to facilitate a discussion regazding expectations. The next meeting is scheduled for March 23� . %. Old Busmess None. _ XI. New Business None. XII. Adjournment Meeting adjourned at 10:02 a.m. �J Reccrded an3 prepare3 by Mary Bruton, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfully submitted, ��sit>> � � ' ,r .,. , . .. . Approved l��""`h 2 � �d.S (Date) e McCall Secretary of the Planning Commission • PED�B:ucon�Ntinutes4kiauces 2a�S3-11-2405 os-3�a MINUTES OF THE ZONING COMMITTEE Thursday, March 3, 2005 - 3:30 p,m. • City Counci{ Chambers, 3rd Pfoor City Hall and Court House 15 West Keltogg Boulevard PRESENT: STAFF: ABSENT: EXCUSED: Alton, Anfang, Faricy, Kramer, Mejia and Morton Patricia James, Caroi P�tartineau, Allen Torstenson and Peter Wamer Gordon Donnelly-Cohen The meeting was chaired by Commissioner Morton. Hoc Nguyen- 05-063-463 - Modification of Conditional Use Permit for outdoor auto sales to ailow 25 vehicles for sale and 38 totai on site. (23 vehicles allowed under current permit). 380 Maryland Ave W, SW corner at Western. Patricia James presented the stafF report with a recommendation of approval with condition(s) for the Conditional Use Permit. Patricia James also stated District 6 recommended denial, and there were 4 letters in support, and no letters in opposition. the question of Commissioner Faricy, Ms. James stated she could not tell if the concrete was removed ecause of the snow, but this would be a condition of the permit. She also explained that the Zoning Code regulates use and not ownership so there couid be a possibility of more than one owner. Hoc Nguyen, the applicant, stated his son was the owner of the auto repair and he was the owner of the auto sales. Karen Marty, attorney for the applicant, stated there were two valid issues pertaining to the landscaping compliance and the compliance to the 2002 Conditional Use Permit. Ms. Marty showed pictures of the asphalt being removed and submitted them for the record. She also explained that the 2002 Conditional Use Permit violations were due to cultural misunderstandings because Hoc Nguyen never understood that the City has power over his right to do business. He thought he was allowed to make changes on the property and when City Inspectors came out and discussed issues he thought they were approving his right to make changes. He now understands that he must comply with the conditions. In regards to the violation on February 23, 2005, Mr. Nguyen stated he was not on the property that day and he trusted his sons to take care of things. Due to a snow emergency, several cars were puifed onto his Iot, and they also had a lot of customers, so due to these special circumstances, they went over the car limit on the lot. During the day the cars will fluctuate and when the customers feave at the end of the day they are in compliance, but he cannot wntrol the amount of customers, arriving during fhe day. Af the question of Commissioner Anfang, Mr. Warner explained the intent of the permit is to make sure the number of cars associated with the business either for sale or under repair or properiy of the business is capped at 38. vin Raggs, Jr., 401 Sibley St., stated there were some problems, but Hoc Nguyen has been going out in 20 Iow weather to meet the conditions. Since he has understood the conditions, he has been in compliance. Lamont L. Jacobs, 1175 E. County Road D, stated Mr. Nguyen has always been a hard worker and it is true he did not undersfand the conditions of the permit, but now that he understands them he is determined to do a5-��a Zoning File # 05-063-463 March 3, 2005, Zoning Minutes Page 2 the right thing. Michaei Vance, 418 W. Maryland Ave., stated Mr. Nguyen is an honest business man and very fair with his prices. � Kerry Antrim, District 6 Planning Council and Land Use Task Force, discussed the violations of the Conditionai Use Permit and voiced concems and discussed development pertaining to Loeb Lake Area Pian. Karen Marty deciined a rebuttal. The public hearing was closed. After discussion, Commissioner Richard Kramer moved approval with conditions of the Conditional Use Permit with 23 total vehicles on the site with an additional condition that the permit be reviewed in one year. Commissioner Carole Faricy seconded the motion. The motion passed by a vote of 6-0 Adopted Yeas - 6 Nays - 0 Abstained - 0 Drafted by: �2e��'��Z.�,1��' e Carol Martineau Recording Secretary Submitted by: Patricia James Zoning Section Approved by: �Lx��-�-v Gladys orton Chair • • �5-�6a � Dls�'ict 6 �� 20�5 Ceu�1�t ,�H� Date: February23,2005 P �� 9l �� 8 ��#C��YgLgp�, iw To: Patricia James Planning 8� Economic Devetopment (PEb} 1400 City Halt Annex 25 West 4"' St. Sf. Pau�, MN 55102 213 FrontAv�nue St PauE, MN 551t7 Phone 651 488�485 �� ss� asa-o� Re: 380 West Maryland — Best Auto Sales/Hoc Nguyen — Modification of Conditional Use Permit to alfow 25 cars for sale (38 cars totaf) Dear Pianning 8� Economic Development (PED): On February 23, 2005, the District 6 Planning Council Land Use 7ask Force met and voted unanimously to deny the requested modification of Best Auto's permit to allow 15 additional cars, exfending the limit of cars for sale fo 25 and cars on the fot to 38, based on the property owner's continued non-compliance with existing permitted use limits. � The Land Use Tas1c Force in its October 27, 20Q4 and July 2, 2004 letters ci#ed a number of documented violations in its annual review of the existing permit and the number of vehieles on the day of the Task Force mee6ng again was in excess of estabfished limits of the, previous permit. � The Land Use Task Force also recommended that an i�terpreter accompany or be assigned to Mr. Nguyen, since communication during fhese meefings has at times been somewhat problematic, and the task force feels it is important that all the parties understand each other during these discussions. 4t was further noted that on the premises two names and phone numbers are being displayed and it is not clear whether this is truly a single business as has been preserrted or if a second party is in fact attempting to "share" the permitted use without the proper applications. If there are any further questio�s or concerns from any of the parties invafved, District 6 F'lan " Council can be reached at 651-488-4485. Thank you. ��"`� J artens, Land Use Task Force Chair District 6 Planning Council MRR-11-2005 08_16 fiM dJ Attn: Ms. Patric9a James DepmRment of Planning & Economic Development 25 West Foiuth Street , , St Paul, MN SS102 ' Re Hoc Nguye�n'9 applicatian for a conditioaal use permit Dear Ms. James: We live at 1180 Cumberiand, just around the comer 5rom Best Auto. We think that t}�e Zoning Committee made a mistake when it deaied Hoc Nguyen's request to have more cars for sale at Be.st Auto. They didn't want to let him have more cars, because they thought he had violated the conditional use permit he got a couple years ago. The only two "violations" in the last year were a time when he had a whole bunch of customers show up all in a short wlu(e, aad one so long ago that no one jrnowy w}�at was going on. Hoc has never had more cars than he is allowed to. Business fluctuates, and sometiznes more customers come in at one time. We don't think anyone has ever asked or checked to see if the extre cars were custozzters, or if they were cars that I-Ioc had for repair or sale. We believe Hoc when he says the "extras" have aU been customers. We have never seen more than 23 vehicles there ovemight, and wa don't there ever have been. We ho�e you will let Hoc have tlie cars he has asked for. He is a good man, and runs a good business. Sincezely, Owen and Mary Nordine 118Q Cumberlend �✓Li,-s�-�-• , .;� ��-Q .�,.-,.•, � �� l'! «-r-�Q-�.,-�.a. P_01 � � • os-3�a • Mike �t Fvancy V"ance 418 W. Maryland Ave. # 106 St, Paul, MN 55117 • Attn: Loning Committee �.� . = - i - _ �aR � 2oa5 P1,iH��6I�13S�'�kC bE�l�f� NIy wife. anci I have Iived across from Best Auto Sales for over a year. The family that run this business are good.peopie and care about the neighbarhood. They run a very descent business and take pride i� their work. We be�ieve they shouid be granted a gernut for the e� fifteen ears. �`hatitc You 1�i�Ce & Nar�cy Ua�ce Caretakers pf 4I 8 W.1VIaryland (b51j34U-1697 � CJ ; � �$ ��`�� ` �� 2p0`� M � a��$ t��1�. �= c,e.e� O 5 — QCo3�� OS - 36� �.6 � �oas / � �� a5-��a, 05-�3- 4�3 n u Cazl Grill 374 Maryland W Saint Paul, MN 55117 �� 2005 P b�dkf681�f 4�g�8 February 24�' 2005 • ,� .� �• �� -- To Whom It May Concem I, Cazl Grill, who currently reside across Best Auto Sales property, favor the modification of Condition Use Pernut to allow 15 additional cazs and 38 totals on site. I would think an additional 15 vehicles on the property at 380 w. Maryland Ave do not make any difference as long as there are spaces available. I come to the shop everyday and I see they keep their place nice and clean, and still plenty of space for car parldng. I would support an additional 15 vehicles on the lot. You can reach me at 651488 1633. Thank you for your time. Sincere yours Caz Grill � � � �-� t � 65 - _ f��2 -� �'�� - �� zoo$ r� � �---- --------------- ��,_ 05- 36 ZONING COMMITTEE STAFF REPORT FiLE # OS-063-463 1. APPLICANT: Hoc Nguyen HEARING DATE: March 3, 2005 2. TYPE OF APPLICATION: Conditionai Use Permif 3. LOCATION: 380 Maryland Ave W., SW comer at Wesfern 4. PIN & LEGAL DESCRIPTION: 252923210001, WILKIN & HEYWARDS OUT LOTS TO ST. PAUL SUBJTOST&AVE&EXS6FTOFE173FTTHEE233FTOFLOT 61 5. PLANNING DISTRICT: 6 PRESENT ZONING: B3 6. ZONING CODE REFERENCE: §65.706; §61.501 7. S7AFF REPORT DATE: February 24, 2005 8. DATE RECEIVED: February 9, 2005 BY: Patricia James 60-DAY DEADLINE FOR ACTION: April 10, 2005 C. EXISTING LAND USE: Auto sales and repair business D. SURROUNDING LAND USE: A. PURPOSE: Modification of Conditional Use Permit for outdoor auto sales to allow 25 vehicies for sale and 38 totai on site. (23 vehicles allowed under current permit) B. PARCEL SIZE: irregular parcel; 205 ft. (Maryland) x 100 ft. (Western) = 19,160 sq. ft. North: Mixed residential and commercial (greenhouse} (63) On February 2, 2005, the City Council approved rezoning the greenhouse property to RM2 East: 4iesidential and commercial (R4; B3) South: Single family residential (R4) West: Mixed density residential (RM2; R4) E. ZONING CODE CITATION: §65.706 lists the standards and conditions for outdoor auto sales; §61.501 lists general conditions that must be met by all conditional uses; §61.107 authorizes the Planninp Commission to impose raa��?hio ��;;� ;;�;,� o;�� ;;,;,;taiions in graniing approval of a site • plan or permit F. HISTORY/DISCUSSION: In 1993 the City Council upheld the Planning Gommission's approval of an auto repair business at this location but overturned the Planning Commission's approval of used car sales.(Z.F.#s 93-141 and 93-195) On May 10, 2002, a conditional use permit was approved for outdoor auto sales on this property (Z.F.# 02-103-654) with a limit of 23 total vehicies on the lot at any time. One of the other conditions of approval was that the Planning Commission review compliance with all the conditions of the permit one year after approval. This review was initiated in July, 2004, (Z. F. # 04-100-259) and is on hold pending the outcome of this appiication. A simiiar request to permit 38 vehicles on the lot was denied by the Planning Commission on November 5, 2004 (Z. F. # 04-164-623). This property is included in the Loeb Lake Small Area Plan study area recently initiated by the Pianning Commission. G. DISTRICT COUNCIL RECOMMENDATION: The District 6 Council had not made a recommendation at the time this staff report was prepared. H. FINDINGS: � 1. The applicant has an existing cond+tiona{ use permit for auto repair as wefl as one for outdoor auto sales that allows no more than 23 vehicles to be on the lot at one time. He is requesting a modification of that condition to permit an additional 15 vehicles, for a total of 38 vehicles on the site. This total includes vehicles for sale, vehicles being repaired, customer and emp4oyee vehicles, and other vehicles associated with the business. 2. § 65.705(b), one of the standards for auto repair, states: "A ten-foot landscaped buffer with screen planting and an obscuring fence shail be required along any property line adjoining an existing residence or adjoining land zoned residential." The site plan accompanying the 1993 65-��a Zoning File #OS-063-463 Zoning Committee Staff Report page 2 (a) The lot or area shall be provided with a permanent, durable and dusfless surface, and shall be graded and drained so as to dispose of al! surface wafer accumulated within the area. Paving and striping the lot has been done. This condition is met. (b) Vehicular access to the outdoor sa/es area shal! be at least sixty (60) feet from the intersection of any fwo (2) streets. Two nonconforming driveways were closed as part of the 1993 permit. The remaining two driveways meet this condition. (c) No repair or refinishing shall be done on the lot unless conducted within a completely enc%sed building. The applicant states that all repair work is done inside the existing building. There have been no complaints about repair work being done on the lot. Tfiis condfion is mef. (dJ The minimum lot area shall be frffeen thousand (15,000) square feet A site p/a� shal! be submifted showing the Iayout of the vehicles forsale or rent, employee parking, and customer parking. The lot area is 19,000 sq. ft. The site plan submitted shows the restoration of the 10 ft. buffer along the west property line. The application also states that fhe landscape bed along Maryland has been increased to the minimum 4 ft. required by the code. Because of snow on the site, the enlargement of thPCP r,A,�� ;,, .,,.. �._ _ t �e iime oi ine statt visit. The site plan also shows spaces for 25 vehicles for salee� � ea ai customer spaces, 1 handicap space, and 1 emptoyee space. This condition is met. Ten spaces for customers and employees are required b th Conditional Use Permit application shows a 10 ft, buffer along the south property line. This buffer was either never established or was removed at some time prior to the 2002 application. A screen fence along the southem and wesfern property lines was instailed. The site pian approved for the 2002 appiication showed a buffer area along the west properly line of 28 ft. Sometime after April, 2003, this landscaped area was largely paved, leaving only about & ft. of landscaped area. !n order ior the business fo be in compiiance with the condifional use permit for auto repair, the wesfern fandscaped area must be restored to 10 ft. According to the application, paving has been removed so that there is a 10 ft. buffer alohg the western property li�e. 3. §65.706 lists the standards for oufdoor auto sales (e) ln the case of pawnbrokers. .. The business is not a pawn broker, this condition does not apply. 4. §61.501 lists five standards that all conditional uses must satisfy: (a) The extent, /ocation and intensi f th (bl (cJ Pau! Comprehensive Plan and any applicable s plan were a ce with the Saint city counciL This condition is met. The Land Use Plan identifies this area as a borhood Area;" the zoning code, which impfements the �and Use P(an, recognizes the commercial nature of this comer by its B-3 zoning, which allows auto repair and outdoor sales of autos. The Pianning Commission approved a new District 6 Plan Summary on July 2, 2004. This plan makes no specific recommendation about fhis area, so this condition continues to be met. The use wil! provide adequate i�gress and egress to minimize tra�c congestion in the public st�eets. This condition is met. No changes fo ingress and egress have been made, since the 2002 permit. The use will not be detrimental to the existing characte� of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition can be met provided the applicant complies with the conditions of the permit. The applicant states that he will comply with the limit of 38 cars permitted on ffie lot. The decorative fencing and landscaping on the lot improve the appearance of the business. Maintenance of these improvemehts will ensure that the use will not be a detriment to the existing character � \_ J � a5 -��a Zoning File #05-063-463 � Zoning Committee Staff Report page 3 of the deve(opment in the surrounding area. The lot is of sufficient size that all activity can take place o� it. Therefore, the use should nof endanger the public health, safefy and general welfare. (d) The use wi// not impede the normal and orderly developmenf and improvemenf of the surrounding property for uses permitted in the district. This condition can be met. The staff report for the 1993 permit noted that "the residents in the immediate area take great pride and care in maintaining and improving their properties. The applicant should take pride and care in improving and maintaining the property, as required, so that his proposed uses will not significantly alter the character of the area or impede the normai and orderfy improvement of surrounding property." The new townhouse development proposed on the north side of Maryland across from this site will improve this neighborhood. Suitable improvement and maintenance of the applicanYs property witl support this new development. The applicant has agreed to meet conditions regarding landscaping and maintenance of his property. Provided that the applicant meets these requirements, this condition is met. (e) The use shall, in a!I other respects, conform to the applicable regulations of the district in which it is located. This condition can be met provided the applicant compiies with the site plan submitted with landscape beds of 10 ft. along the west property Iine and the beds along Maryland west of khe driveway increased to 4 ft., tfie minimum needed for plants to survive. 5. The Planning Commission attached a number of additional conditions to the permit issued in 2002. Many of these conditions remain relevant to the proper operation of the outdoor vehicie sales and auto repair business and should be appfied to a new permit as well. 6. At the time of the staff visit to the site, a total of 27 cars were observed on the site. There also � appeared to be a vehicle in the fenced and screened holding area befween the buiiding and the fence fo ffie south. Jeff Hawkins, LIEP zoning and licensing inspector, also reported on February 23, 2005, that a complaint was received stating that there were too many cars on the lot. 51'A�F RECOMMENDATION: Based on findings 1- 5, staff recommends approval of the Modification of the existing Conditional Use Permit for outdoor auto sales to aliow 25 vehicles for sale and 38 totai on site, subject to the following additional condition(s): . The building shali be maintained in good condition. The lot must be landscaped in accordance with the approved site pian on file with LIEP and attached to the approved conditional use permit. Curb stops or fixed edging along the inside edge of the planted area must be installed to prevent cars from encroaching on the grass area. In addition, the 10 ft. buffer at the west end of the site shall be pianted with grass and trees in accordance with the approved site plan. This area shall also be protected with barriers so fhat vehictes cannot drive on or be parked there. 2. The h II b 3. � re s a e no exterior storage of inoperable vehicles. There shali be no exterior storage of vehicie parts, tires, oil, batteries, or simitar items. Alf frash musf be stored in a covered dumpster or indoors. The large metal container may be used to store items that cannot be stored in the building. All vehicies parked outdoors must appear to be completeiy assembfed with no major body parts missing. Vehicle salvage is not permitted. 5. Vehicles intended for sale are prohibited from being parked on any street or projecting over a public right-of-way. 6. Ail vehicles associated with this business must be parked only on this lot. 7. Permitee must comply with all federal, state and local laws. 8. No auto body repair is aflowed. 9. Customer vehicles must not be parked on the premises longer than 10 days. 90. Alf signs must conform to the zoning code standard. os-3�a CONDITIONAL USE PERMIT qppLICATION Department ofPlansing and Economic Development Zaaing Section I400 City HaILAnnex ZS West FouRh Street 3afnt Pau� MN 55102-1634 (65I) 266-6589 �p=:6 � APPLICANT I City ��l �ct,u J St. Name of Owner (if different) Contact person (if PROPERTY LOCATION 55 ��_DayEimePhonej� - �-�� ln' � r Address / Location 3 � 0 Legai Descriptiort F_c.s L Gor su.�' ,. _ - ,tx�hr , f�' �o��re� �-QVe. �FeXee,� 5 !'o¢'.rd7a' (attacb add�tional sheet rt necessary Current TYPE OP PERMIT: Application is hereby made for a Conditional Use Permit under provisions of Chapter � J , Section� � 7Q pa�g�ph of the 2oning Code. SUPPORTING INFORMATION: EXpldl'rt hOW #hg ��a w�� y;ag � a �� cabie standards and conditions. if you are requesting modification of any special conditions or standards for a conditional use, expiain why the modification is needed and how it meets the requi�ements for mod�cation of speciai conditions in Section 64.300(� of the Zoning Code. Attach additional sheets if necessary. P1�e4se �e-e ��a,cj,.� G I� p�� '�°' Required site plan is attached AppiicanYs City _ ' � �s-��a � SUPPORTING INFORMATION for the conditional use permit application for Hoc Nguyen relating to Best Auto Sales, at the southwest corner of Maryland and Westem. Hoc Nguyen is requesting a condirional use pernut allowing him sell up to 25 vehicles at a tune, with a total number of 38 vefiicles allowed on his property. ZoninQ Code S 65 706 standards and conditions A site plan is attached showing Mr. Nguyen's request. It shows that he complies with the conditional use pemut requirements: His lot is blacktopped, and drains toward the two adjacent streets, Maryland and Western. Both driveways into the property aze more than 60 feet from the street intersection. All auto repair will continue to be done only within the existing auto repair building. The lot exceeds 15,000 square feet. The parking spaces proposed for used cazs, and for employees and customers, are shown on tt:e site plan. • Zonine Code & 61 506 standards and conditions Mr. Nguyen requested a new conditional use pernut last summer, when the city also was reviewing his comnliance w;rH ? conditional use permit issued in 2002. The city staff report noted that Mr. Nguyen had not properly done the landscaping. Mr. Nguyen waited through the review process to see what landscaping would be required under the new conditional use permit, before fixing his error. He now has rectified his mistake. In late December he removed the asphait to increase the west buffer to 10 feet, and to increase the landscape bed on Maryland to 4 feet. He cannot add dirt and plants now, but will do that as soon as the ground thaws. With this change, he has met all the general standards for conditional use pernuts. Review of 2002 Conditionai Use Pemut The main issues have been the absence of expected landscaping, and a failure to follow some of the details of the conditional use pemut. � Mr. Nguyen is very proud to be an American. However, he did not grow up here, and in this 1 .. page 2 of Supporting Inforcnation for Hoc Nguyen � situation that has been a problem. First, he has a lot of trouble understanding what othets say due to how fast they talk, their use of words he doesn't lmow, and their use of words in a way he doesn't understand. Other people have trouble understanding him, due to his accent and because he is not fluent in English. These problexns occur in writing as � as in SPe�g Second, he grew up in a culture where what someone said and did was more important than what was written down. He has taken what he thought people said, and acted on that. He did not understand, until very recentiy, that here following the written law is more important than getting oral permission to do something. He did not understand that "city hall" had power over his right to do business and could take away his right to seil cars if he made changes to his property. Mr. Nguyen wants to do what is right. He is proud of his business, and he want to be , well thought of in the community. Now he understands that "doing what is righY' means ��uersianding and foiiowing what is written in the conditional use permit, even if people give him oral pernussion to do something different. With this new understanding, he will fully comply with the conditions of a conditional use pemut. • �J Srte at 3rSU W. Mary�ana Zoning File # 05-063-463 o�-3�a • os-�6a � Zoning File # OS-063-463 • C�-S-3(�d� � � J Zoning File # 05-063-463 Site from Westem Ave. Zoning File # 05-063-463 a�-�a �� C� o�- ��. C?TIZEN PARTICi?R?F-0 DIS�r�TCTS � � 1.SUNR AY - BkTTL€CREEK-H2GHWOOD 2.GREATER EAS1' SIDE 3.WEST SIGE _4.DAYTON'S BLUFF � �PAYNE-PHRLEN _ � NORTH E�`��D I THOMAS-.DALE _ ! 8, SUMMIT-UNiVERSITY � 9.4lEST SEUENr.H lO.COMO 11 .HAMLINE-M;DWAY 12_ ST. ANTHOhtY 13.MERRIAH PK.-LEXiNGTON H,4;�iLi�iE 14 .GROV€IA.ND-Nu�CALESTER 15.HIGHLAND _ ib.SUMMIT HiLL 17.DOWNTOWN • � I _ . 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' '\":� '�z��"�a�� r ��.,.. �a; �`�`; ��~.�Y � �:. .�� >e�� `�'� "`,� ; ` €`�,. �� . e� , � � 7 ��; �� '� `� ��,. w a�� '�� .� :p�� ^... �`� ' ; �. ��. � � :;� , ��*� a ,�, : � � �. �� ;��!� .� Q �: �� ' �ii ,.; � , '�Eui� ; ��'i �� ` � .::- :�; ° � ��' . `�`� � � �` �� 'e: :�,.„; . � � � �� ,� :o; ,: � �> ��- � �� :�;� : �L,� � �� ,� f ��t��'� _- �� . � � � �� '�� e i 9 � .�� . . � . �- ��l� �`� �i • _�7 ;. � �� , f s . ^�S� 'S st7�k?�� `$�, �taq �� . r �°; '�� '��K�� r � �r.� z-"`�' �r,.t�"�r ss` i � ^-�� ,� � � ��' � 4��= �:', - - � °�-z. . - �5- � ��AMP' S �� v ��p ry � ��K � �oQ� �� lrll 1 P1iI,qNg 1059 WE.STERNAVE. N ��'��YBbfl� S.4INT PAUL, MN SSII7 (651)488-6636 April l, 2005 To Whom It May Concerq For almost 100 years my family has owned and operated a grocery store in the city of Saint Paul. For the past 21 years my wife, Lisa, and I have owned and opernted Kamps, the fourth generarion of my family to do so. I can attest firsthand to the amo�mt of dedication and sacrifice it takes to own and operate a small business in today's world of ]arge coxporations and big box stozes. The reason for my letTer today is to show my support for a fellow business owner in my community, Hoc Nguyen. Hoc, along with lus sons Binh, Minh & Phu have been running Best Auto for 10 years on the comer of Westem and NTaryland Avenues. When I refer customers to Best Auto it is not because he is simply the repair shop down the street from me, iYs because Hoc provides service the way my family provides service in the grocery business. Hoc ttas proven over and over again to be honest and very faff to the people he serves. I have sent many people to Hoc over the past years and have always received posirive reviews from these people regazding how fairly they felt they were treated and how proficient Best Auto was in the repair of theu� vehicles. I lmow that a couple of years ago Best Auto eapanded iPs business to selling automobiles from their lot. In fact, my niece Elaina � pw�chased an automobile from Best Auto and is very happy with the way she was treated and the value she received. I also lmow that there has been an issue around the number of automobiles that are allowed to be on his lot I believe this number is somewhere azoimd 24. Hoc has been trying to get approval from the city to allow up to 36 cars. The rewazd to Best Auto for doing a good job has been an increase in cars on Best Auto's lot for both repairs and sales. On a pazticularly cold day tlus past winter I saw caz atter car being towed into their lot for repair. Was Hoc supposed to tum them away or somehow reduce the number of cars he has for sale? The s�e goes for car sales, with increased business comes a need for more inventory. Hoc is not asldng for welfare ar taac breaks! I3e is simply asidng thaz he be allowed to benefit from the result of his hazd work I hope the city will allow Best Auto to e�cpand the number of cars it is able to have on their lot. Hoc has recently joined the North Area Business Association and last month we attended a breakfast meeting with Mayor Randy Kelly that was hosted by ffie Chamber of Commerce_ At this breal�ast Mayor Kelly assured us that there woutd be property ta�c increases for busmesses in the coming year. When we add this to the insurance hikes and other rising costs of running a business iYs very ciifficult to "stay above water." Ten years ago Hods sons were boys, now iLey are men and if this business is going to continue to provide for their needs it will include daugUter-in-laws and gandchiidren. I tliink it is only faa the he should be able to maa�ize his ability to meet these increases in operating e�cpenses. Aoc has done an outsCanding job for ffie past ten years and I Imow he will continue to do so for the next ten or twenty yeazs. His recern mvolvement in the business association and attendance at the Mayor's Breakfast show a desfre to create an stronger sense of community. I lrnow almost every business owner in the North End and Hoc shows the same desire to serve this great cammimity as all the other successful business do. l hope you support his efforts to do so. Please contact me if I may be of any assistance in this watter. Sincerety, Paul Kaznp � Kamp's Food Market D5-�(� � l �� ArK ? 2p05 --- -- ---- --- -- - � -. _ .___�_ ---- __ _ _ _ � _ � ---�---�-- ---� --__ �-'�-,TL=---1- `�141GE ° " � i . �,�.�._._'_'____....,.._ � �!�✓:�'__' �Z..�o"�.. ,..o_—..�,5� ��.�. _T_...�__ _,_..__ _ o � � P � � /l� �.� /�r��. -� ..._. � 05- 3�� " _, -- 2of1� �l ��J � � A .- f�y�--_CC'_ - �-�c��- ---- --------- - �- - ----- - ---- ��--� --��-c�-�o, _ - - _ - ---_____- ----- __-- - -- _ --------- - � � �S'� _��__ G'�ec�� _-f�a- --- -- — --- - '�✓�_� ��--- --- - -- - -_ �`-�-�_� �-� =-�� --.. ; ------_ -------- ------- � -- - ;------------- ------------------- _ _ ._- _ ---------�--- -____ --------------�---_- - --- ----------- -------- - _ _ __ .- --------. _ __ _- -- ___------- - --- --- ____�---' --_____- --------------------_�_______,_-- - � __ ._ _ �---- - - --_ -- --- -- - ------------------ -- ------ -- T __._ �.----- _-----.------ --- r - - ------- ---- - ---------- --- ------- --- --$�� _ _ _ �__ __ - _ -------- �-- --------- ry , - —Ri'�--- r �9fl�- _ __.. __. _ � -- - ----- - --- - - - -------- - - - -- - -- - - - L- -- �61��R� ��l ��e � - -- - _ -- - - - - - _. . _ _ -- -- - � _., ------ - --- � i ----- -- -----�------------ ----------------------- ---- - � � ----r------ -_ ---.______ - i - -----------_.__ .. _-------------___ ___, ____, __ _ ----- -----�---- ----- -- ----- ------------- ------- ___ � ------r-- ------------------------------- ----- - —_— �s-�a � iS.� C'ia.Sc; �/��• --- Hrre .: 20Q� ST • a�� % /��/v �s %d/ ?b1r�� dm°! ��k'S�t�^ �R�a � ��3 /�Cr�e� �cn� ((o `i l � �7/ 73�0 / . 05-3� 1 P 1 � d � � L �� _ ... � j-l-�� ---� � � r a � _'¢"� 4„ � � w � � �.� 'p ca � � � � � � i � 2 � ! e. � .. / ST PAUL CITY COUNCIL Public Hearing Notice CITY OF SAINT PAUL Dept. of Planning and Economic Development Phone:(651)266-6539 Fax: (651)223-3220 FILE # US-Q78-678 PURPOSE: Appeal of Planning Commission approval of new Condifiona! Use Permit to allo�5• only 23 vehicles on the lot, (38 vehicles requested). J PROPERTY ADDRESS: 380 Maryland Ave. W., SR' corner at Western APPLICANT: Hoc Nguyen HEARING IIATE: Wednesdav. Aprii 6. 2005, at 5:30 p.m. All public hearings are held in City Council Chambers, 3r Floor City Hall - Court House, ] S W. Kellogg Boulevard. You may send written comments to the Zoning office at the address listed on �h,e reverse side of this card. Please cali (651) 266-6639, or e-mail patricia james@cistpaul.mn.us, or call your Dist�ict Council representative at �S-�6 � � t �,�-,�.� ,� � s � �� / �-�a ��-�� , ��,� _� �" _ �--- y�� - e .� � � _.___ _____._. .� � .�__ � � _� .- � ---__-- �--t.� - -- _`�____��__. --- -� . rflv/-.-/l/��Ef- ... b� ��,a 3 /.3 � �oS � . _ c�� .k ��,..i o_ N�A�� ,�rv,`. �X-C ��- E�� .,.i� �,�n _ Z.�.n ,M a.i' g .�o,.._� � P_ c-o�wC P 'v�nD o. � -� C\6' � �� . 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The Land Use Task Force examined the text of the appeal and wishes to again express its resenrations on the proposal due in pa�t to applicanYs demonstrated history of frequently exceeding even the already existing vehicle limits. In the opinion of the Task Force, the grounds for appeal are highly dubious• The applicarrt's appeal firstly posits that noting the number of vehicles on the lot at certain times is misteading due fo fluctuations in business. This is not a defensible assertion. Firstly, people obsecving excess numbers of cars are not attempting to pick the maximum occupancy time ior the lot, rather these are random samplings. Secondly, the maximum permitted number of cars on the premises is meant to be precisely tha#: a maximum number, not a minimum or `aver�qe' number. In other words, the amount that can be allowed at the peak of said `fluctua6ons in business'. The appeal furthermo�e posits that #he applicant has 'no conVol' over how many vehicles are towed to his property or park on his lot. If the applicant owns the property and has all the legal rights of control implied thereby, this argument fails on its face a constitutes another indefensible assertion. The Task Force recognizes that while there may have been ianguage barrier issues involved, however certainly enough time has elapsed and enough explanation faken place for this to no longer be an overriding issue. Moreover, we cannot begin allowing ignorance of one's permits to be a defense. E0/Z0 3917d 91�I�1SIQ EbE088bLS9 00�00 S00ZIb01b0 os-��a It has been further noted that on the premis� two names and phone numbers are being disp{ayed and it is not clear whether this is truly a single business as has been presenfed or if a second party is in fact attemp6ng to "share° the permitted use without the proper appiications. This ambiguity in addition ta the other issues places the properly on more shaky legal ground, since the originat conditionat use permit was never intended to accommodate iwo businesses, but rather one business, and that one being of very limited size. If there are any further questions or concems from any of the parties involved, Disfid 6 Ptan in Council can be reached at 651 �88�485. Thank you. �� Jeff Martens, Land Use Task Force Chair District 6 Planning Council 60/£0 39Cd 91�I?J1SIQ EbE088bL69 00�09 S00Zlb0/V0 1� �• . � �� A � K � 2005 PdIL�I� IIi 6E9}tBY�C b8�lG9P�#' Apri14, 2005 To Whom It May Concern, RE: Conditional use permit (Hoc Nguyen) Hoc Nguyen is an excellent customer of Capital Bank. He is very honest and is a man of excellent character. 3-3e is weli respected in the community and I support his request. His place of business has a nice appearance and is weli maintained. He certainly has enough space for 12 additional auto's which will enable him to serve his customers better. This will not have a negative effect on the community. I certainly hope his request is approved. Yours truly, �..""�, � Lawrence L. Haubrich President/CEO � 1020 Rice Street, St. Paul, MN 5571'7 (651) 488-2516 �.°" Food;Ma� � �> �`: /1 MP � �da � �� L-� 05 �� N � �� '��'�� t �' � 59Westemqv� N �"� �� , � MARKET �� " � 0 �� Pauk� ta1N 551 T7 ,�` �.- PAUL lCAM1iiP�� ryz• i ass-se�s , ?59 t3'ESTERNAVE. N ��o _ avtr�r.,_ .„ , _ _-<lINT PAUL, MN SSI17 �,� �_ � (651)488-6636 _ _� April 1, 2005 To Whom It May Concern, For almost ] 00 years my Tamily has owned and operated a grocery store in the ciry of Saint Paui. For the pasf 2 i years my wife, Lisa, and I have owned and operated K�ps, the fourth generation of my family ta do so. I cau attest firsthand to the amount of dedication and sacri&ce it takes to own and operate a small business in today's wortd of lazge corpoiarions and big box stores. The reasoa for my tetter ioday is to show my support for a fellow business owner in my community, Hoc Nguyen. Aoc, along with his sons Binh, Minh & Phu have been nwniu� Best Auto for IO yeazs on the comer of Wesiem and Marylaud Avenues. When I refer customets to Best Auto it is uot because he is siutply tlte repair shop down the sfreeY from me, iYs because Aoc provides service the way my faanily provides service in the grocery business. Hoc has proven over and over again to be honest and very fair to the peopte he serves. I t�aue sent many people to Hoc over the past years and kave always received positive reviews from these people regarding how fairly they felt Yhey were treated and how proficiem Best Auto was iu the repair of their ve]ucles. I know that a couple of years ago Best AuTo expanded it's business to selling automobiles from their lot. In fact, my niece Elaina purchased an automobile from Best Auto and is very happy with the way she was h�eated and the value she received. I also lmow that there has been an issue around the number of automobiles that are allowed to be on Iris lot. I believe this nvmber is samewbere azound 24. Hoc has been hying to get approval fram the city to atlow up to 36 cars. The reward to Best Auto for doing a good job has been an increase in cats on Besf Auta's lot fnr both repairs and sales. On a particuiarly cold day this past wiuzer I saw car after car being towed into their lot for repair. Was Hoc supposed to huv them away or somehow reduce the number of cars he has for sa[e? The same gces for caz sales, with increased business comes a need for more inventory. Hoc is not asking for welfare or taY breaks! He is simply asldng that he be allowed to benefit from Yhe result of his hard work. I hope the city will allow Best Auto to e�tpand the nwnber of cars it is able to have on their lot. Hoc has recently joined the North Area Business Association and Iast month we attended a breakfast meating with Mayor Randy Kelly that was hasted by the Chamber of Comme�e. At this breakf'ast Mayor Kelly asse:red us tkat there woul@ be property tax increases for businesses in the coming year. When we add this to the insuranee hikes and other rising costs of runvivg a business iYs very difficuit to "stay above water." Ten yeazs ago Hoc's sons were boys, now they are men and if this bvsiness is going to continue w provide for the"u needs it will include dau�ter-in-laws and grandcluldren. I tUivk it is only fair the he should 6e able to inax;mi�Q. his ability to meet tfiese inereases in operating expenses. Aoc has done an otrtstanding job for tha past ten years and I know he will continue to do so for the next tea or turenty years. IIis recent iavolvement in the business association and attendance at ihe Mayor's Breal�'ast show a desire to create an stronger sense of community. I know aUnost every business owner in the North End and Hoc shows the same desire to serve this greaz communiry as a11 the other successful busiaess do. I hope you support Yiis efforts to do so. Please comact me if I may be of any assistauce in dris matter. Sincerel , t b'aut Kamg Kamp's Fond Market >>� { TO WHOM TI' MAY CONCERN, d5^3�d TFIIS LETTER IS IN REGARDS TO TF� VEHICLE SPACE EXPANSION AT 380 MARYLAND AVE W. WE AS NEAR BY RESIDENTS SEE NO PROBLEM WITH THIS AT ALL. WE HAVE BEEN DOING BUSINESS WTTA HOC AND HIS SONS FOR YEARS NOW AND WE FIND TF�M A VIABLE ASSET TO THE COMMtTNITIT. BEST REGARDS, '�:1 -�� •� •ii� • IC .�' � ST PAUL MN 55117 / 7 � � °�� . � �. � �� '/?C�r� . �E��'��E� ° /��"�� i � H�K � 2005 /t� y'� =��t�� I Pllai�7611f/��BdH�CB��tL/11t8�. �- �� /��s�/!7- `/7aJ � j�Yl a�,c�� d 1 a o o� � d5-��a To Whom It May Concern, The reason for my letter today is to show my support for a friend in my community. Hoc Nguyen, and his family are very hard working people in our community. They are honest individual people. My father goes to them for car repair and now I go to them for my car repair. I believed the Zoning Committee should grant them an additional 15 vehicles on their property at 380 Maryland Ave. Fong Thao 364 burgess st Saint Paul, MN 55117 r� '��,%� �-f �� ` U� �� ArK � �� 2Q05 PG4Y,�y18 ��1$B��CIBi1l0��g �� A �, Apri12, 2005 Ron Kosky 1182 Cumberland Street Saint Pau1, MN 55117 To City Council: �� HrK L 2QQ� �t� ofl�B d1F➢ ��g�l�B �&18G��; I received the public hearing notice for appealing of Best Auto Sa1es to request 15 •• additional velucles on the lot, (38 vehicles requested). I am supporting the expansion of Best Auto Sales, because the lot would be able to store more cars as its' old-pernut only allowed 23 cars on the lot. I believe the city will allow Best Auto to have more cars on the lot. Sincerely, � ��`�/�v�� "G GiG� Ron Kosky � ��/ � v � �� Z55 -�6� . �� 2, aoos Owen and Mary Ann Nordine 1180 Cumberland Street Saint Paut, MN 55117 To Whom It May Concern: ��' '_ � °- �>_� :_, �r� �� Ia�A� ` 21IQ� N9l d CR "��''�`�.�� Again, we still support the fifteen addifional cars on the lot at Best Auto Sales. We have been living in this neighborhood for almost our life. Our home is just two house-away from Best Auto Sales. We see the building is keep clean and nice. Best Auto has been in business for 11 years, and we don't see any bad thing from Best Auto Sales. In contrary, Best Auto Sales brings great service to the surrounding neighbors, and community as a whole. We support him every steps he can to expand his business. An additiona115 cars on the lot woutd not make any difference as long as spaces available. Please contact us, if we may be assistants in tlus matter. 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"_ L" ky, � ^ �s'£?ca'��',�,�;,�� ?i � �: H t`�' � nC � � �'� ��U�p __ _ _. _ _ �i';��'�� ?��arari��E��'SE��erRi�.`',•,'''E.;' . _ .' . _ . _ . _ _ . . __ . _ _ _ _ _ . , . . . . _ . _ / r � �� /l� �� U�a a� � 1 L 1M-a �#-�,�,, �- ��.sZ,�u�...� f � las � � Z�a -v'`7 � � �v p/lifi l'�5� �`�I �j K�,2_ � �� f� ��.� `i�� s� p��-�-�� sl/�Z(�j� -- - / �/- �' �� _ � , �.� � -_ _ _ _ _ _ __ � �� `; 2QEJ5 � � _ _. ��'y�gf� g��;� ��«;�� __ - � -�" � - � - - � , �, _ �� x ;;� � �� :; ,�_ - Vy —tx�-- ' ''C�� . .,��.- ^ - " . ur.��.L.i � ..�_��__� _�.-�G�-`-✓-.�!% �L --� ��'`�� 05 -�6� ---/�rs � ,2^ a �aS � �-�--��r�`m �r_-�-- � � � �P�� . tA�c,,,�� tio �'c� �. . � :-�P �- ��, -P�.�s1 , r�,�...� �'S'� e � �sJ � �a� - �31� � �, s �.� �ro�e,r �, �<� c,K:.�o�-`�/ ��S�.�ess °g��"j`� °`"" � ��8€dv.w�,"�`y � 'e �„�x / ,� �e�S-e �a i„��- �-�►✓vt �q.� °(-F1,�_ V�� 0� _ �} , .�? �'��. � ��(� �� " L. ♦ Y�/ - \Y� �� l �V � 5,�� Y � ��(�� . � �� U � � �,. �:� � , _ � �' �:� �. "'"'., - `' � '� � r�`tYdC '' � a `- ��s�J� �l�3F^fS R slA �� ad� �o:;.�a1€t'n ,�„ �:'i��5:�� 1 _ � �— �c�.� � os��a U.��uG-n� `—� �� : � c�n��,��. - � ��-� �v �� ,�n . �`�� -�� `� '�-�--� ��-� � � ��Q.G'V � �-l� v�� " � . (�� ..�,�--� . � � �� _ � �� , � �� 0 . �� -"' `'� �� .��'�.,�. l,vti�-�.� �-�,��e ,�"" , �' �� 3-� � ,��- , ��.,�� -�, e a�-- ,�,, - ��°--�-�- �� '�'n c.��.� �-�. �� '^ J ' ^ � ' , /�.�' N� / V �,,,2��-�� =� ��= �� 2-S�:.Yl1M1`C1:1xY.' �R E'u.2��°! b � �� 1 �� `� � , � '� i173 � �a-�`,�Q �'� � SS + � 7 � � �a ? - _ 0�—�6 � �;; A; �-t - 20�� P�i3��{.Fi� nf�r»�'� "7 �: � , ?g ., .. oo'vY..�':'vb_:u;,i_ ._. To whom it mav concer,,: My name is Thomas Plowman. I liae at 391 Maryland a�e. W.. directly across the street irom Best Auto. I ha�e li�ed "nere �- eignt years and woriced next door ninning Larson's Garden Center �r 12 yrs. Fbc Nguyen is a good neighbor, an exceilent 5usinessman and a fiend. He has tumed a small shop into a reputable gr�ving business. As with growing business comes the need for increased im.entory, and since there is the room for an increase in cars I feel that it should be allowed. He has always kept a clean and fiendly enuronment at his shop and is definitely an asset to the neighborhood, community and the city. Thank you in ad�ance for your support in our neighbofiood. � � �y�� SuntlaY. �I 03, �5 Amefip Online: MKESP Page: 1 t • Apri12, 2005 Carl Crrill 379 W. Maryland Street Saint Paul, MN 55117 • 651-488-1633. Dear City Councils � �A $ � ��-� "3 ANK � �� QO� ��d�fi79C �A�'�9��;G �s;v��f ;� : My house is across Best Auto Sales. I writer this Ietter to support 15 additional cars on the lot at Best Auto Sales as long as spaces available. The place is well kept. I believe the pernut should be granted , Sincerely yours, Cazl Cmll L�v` `�-' � ��-�a � i' � ! -----�-- �— _:�u � r� i — � �� -� -� ��._---- . t �-� _°-�-�-�- =_!i`e%�-_-_�o _-�•t-�o-�-�.- �_�. � _ _ _ ._._ ._ v . �. _.-- .�i��'=`� ��-�-e:1��-_ _�_� � � � ---___._ !�-_�� F _l'_ -.------ ; � ---- - ---------- --- --- ---'------ �_-�, ��,�� --�---- � � �� .___.._--___.j��.A��- -----. ---- _-- ----,.- = ------_t _._._________..«_. .,.... __ � O _ ._ . . .__.. . _ �..� _._ ._ _� _ " _ "'._ ` � . _' - ILGLG �-� , �-�� /'�.t�.�+ i �,��G:� `'�� _ _ _ �._., _ ° _ --- --- - - .- �-- - _ __ _ ., _..__ ___ .. � _.___ ___. �.�-------�-�-��-"_ a��'-r�?'�� -t�-_�z�?'�`i� - �� ar� y.2Q05 �� E • �ii'i�s'��a�� __ G�?�-��, �--�'`��_��__._---�-��-�-�� _ ______ -, ,--c-�'c- ��_^_��__'"` 3 � � --�� -----�---- - � ---- i . , , � • �p�� ' .�a_.G� � ---------___._ �'--- - �.;'-..�``�-- , -,R --- - - ---_ _ � _ .M �Y.YIt I, j/ c ' c. � v � fl! ) _ '', � '— -( -�--�-, L!YZ_� --- --- ��.__-.�_. ��;� � I Sfi �'��r� � sl�� C Gc� ��3�� --3 �-ua E C� � P S- � �L ►�.� � s�- y �'�- a--� o'�-- ,_ _ �-� l��a � !�_ A-�,_ C��t�l �' t�S- �6� s t. 1 i ` .�� ----- ---�_c„_._ � � --_ -�� lL� � �'��.3 \��_ �``•�_—===`_ ---- _____-_' N �� - S��cE- �� y -�-__C_.�s� s��c�_-- ---- ---- -- ------ -�?C _ �'�'k�� v.g ��,� --��ia� . . __ -._\� ��_ �f�� a�_... Q��F c.5_5�,��Ati\ � _. . - �- - - - - . �._5..�.� Q��,� ��,� �.� � 5�� t� _..-- --- --_.., _.��.._��G��u _.S��G� -- _ ....� . .� �__ w_. _ � _ . ___.. _ _ __ . . �. � _. _ �_ __ . . �___. _ �°° a �� ' =� _ _�.�_. ____ _._ � � --M►_�_ _ ��: � __r.�___ _ ___----� ___ _ _ _ _ -_ _ ..nn� ��__` ♦ , O<5-3�� . ��r �� °� ,(.t..d1 rmu � i�� ,r�1iz" �r.�.t��,,�, �� .�� — .,� �-�e, �.�%� �-n-� �� . � % � �� ,�� =� � ��. � ��.;::,�. � � � �- z � �ao� �� a�� e�,e_�, °:u �-- 3- b �-- ; � �� ,�� ri�� 7�� v/� �� l� � .� .��/�� ,�� <�s, �� _ �� .��s �� /�� - �� _ �� ✓�--�� _�� `��ra�-� 7�� c�� .�-r �-� ��y � c�� .��`�`�' v��, � ��'�� ,�� ;. _; ,:� ,�� 3 � � � �� r� Arr� � 2Q�5 �.[ a�91F�C �� ?�3. ��u �y;�z� �?`i.� � �� r �� r �,1�.:��- ��-�a a�-��a �Ca ��anc�ie �partvne�t� 390 W EST COTTAGE AV ENUE ST. PAUL, MINNESOTA 55117 OFFICE (65Y) 489-1387 FP.X (651) 489-4518 April 5, 2005 To Whom It May Concern: _ (�j •�'� ti� �� ,i�,�,� ` �� I have been a property manager at Lablanche Apartments for the past 9 years and many times my residenYs have needed either a cars repair or car replacement, many times I have referred them to Best Auto because, the staff at Best Auto offer a good job at a fair price. There is always something fo be said about family owned businesses and their dedication to making sure the customer leave happy with the level of service they receive. Hoc has worked hard to make his business what it has grown to be today artd he has put many years of labar to maintain good customer relations with those of us in the neighborhood. Like many small businesses coming up in todays market, you must strive to become a pilar in the community and get the support from others in #he business world, to make your business successful, t betieve Mr. Nguyen has done what he can, to be that business, he represer�ts a strong cQmmitment ot maintaining a clean appearance for community. Thank you for taking the time to read this letter and please, except this as my support for Mr. Hoc Nguyen, Besf A�to, as they Appeal to Planning Commission for new Conditional Use Permit is being considered. Community Manager � 05-�6� - - - - -- -- - - `-�' �� _ _ _- ��$�-12�y ---- __ - - -1�8a_G,� �ir�J_�.�s � r _ - - -- - --- -- �'l�E Le.hiood�.. _� � 1_LZ __ -- - -- - - - - -- -- - ---�'�_-1�/�? d � --r--� - �'?��_ _��_c?_n_�-�d-�. - -_ __ _ _ _ __ - _ � h �,� ,� ee � _ � Go sfn � c�� s_� �- �=t�_ � `�� d .2' c�e � e� �- -� 1-�' � �l�.a r� � ��--'� - - �G ��-!' �(9 Q� . �' 1^ t�� `�rL _ _ _.. -- - �O � ?'!'! e. _' � � �� °z h � ry� . � 1 '� _ `yi'1 cL�j • , _ . _.. . . _- � _ .. - �- — — __ - - - - ---- - --- - _ __ - -_ _ _ - _..---- - ---__ — -- - --__----- - - - - _...-- �� --� _��-___ ---- -- - - -- -- AP ��_-� �0{�� - -.. . - _. .. . _ -- - -- - � L49!P iR�ddi - �B 9 ��CDEY�1Ft�,w _ - -- - - - - - _ - -- . . �5 � Attention: Zoning committee Hoc Nguyen has been trying to get approval from the city to allow up to 38 vehicles at the property of 380 Maryland Ave. On behalf of Hoc Nguyen we believe that the permit should be granted. An additional 15 vehicles on the property at 380 Maryland Ave would not make difference. Because we feel that this would not become an eye so�fe As long as there are spaces available. The permit should be granted. The business, the Best Auto, at this property is supporting many family livings including himself, his sons and his employees. Their outstanding and valuabie services keep us coming back to this auto ship. Granting the pernut requested means so much to them and to his customer. Your due considerations are highly appreciated. c �� Chu��ng an i-Jung Young � ��— � 599 Moundsview Ave. St. Paul, MN 55113 �� AP� � � � 20Q5 r��!�r� r,� e�� derBC �r�� 05-�6, Apri15,2005 I support the eacpansion of Best Auto Sales. Hoc Nguyen has worked relenUess to improve the landscape of lus property. Aoc has the support of the city planner: Patricia James , the staff of the city of St Paul Planning/Zoning Committee, and outpouring support of residenu who live in St. Paul. Hoc has met the conditions in regards to the conforming to the zoning codes. Please consider the evidence not partisanslup. I pray that our legislarive body here in St Paul will listen to the taacpayers and the residents of St. Paul not the special interesu and partisan of the very few. Hoc worked in 20 below degree weather to make sure that he meeu the conditions to expand. Hoc hazd work and determination makes people azound get inspirarion. Hoc hazd work is the testament of what makes American great. The hard work of the small businesses, diversity, compassion, and community is the strengtU St. Paul Melvin Raggss Jr 401 Sibley St St. Paul., MN 55101 651-324-3183 Sincerely, �� Me" Ivin Raggs Jr. " v R . >. .. , >.... ., .. � �� : PLI��N�lA9 YS�9#hC IBYiL91��" CS�-- 3�� . Apri13, 2005 Attention: Zoning and Planning Committee I think that Hoc Nguyen shouid be atlowed to have up to 38 vehicles at his business on the corner of Maryland and Westem Avenues in Saint Paul. I have been a neighbor of Hoc for two years and he is a Sne neighbor. The additional cars would not become an eye soaz. Additionally I lmow some one who bought a caz from Hoc, and is really happy with the service he provides. As long as his lot has space for the additionai vehicles I think the permit should be granted. He provides a service to the community! Richard E. Stone 1158 Cumberland Street Saint Paul, MN. 5� �YVt)'�`"'�' � � A�'K � 2005 Pb6p5(I8 iA� ��9�d�C ��YEl6t�� ds ��a 4/04/OS Attention ST. Paul Planuing Committee and Zoning Department. I Douglas Callahan would like to say Mr. Hoc Nguyen at 38�Q Maryland AVE I see no reason for him not to be given access for additional parking spaces. I am the neighbor just west property Hoc Nguyen we both moved in the neighborhood at the same time. I am a customer that takes my car for repairs and some day may purchase vehicles in the future. To the ST. Paul Planning Committee and Zoning Depaztrnent I would like to see my friend and neighbor Hoc Nguyen �ven additional parking spaces tUank you Douglas Callahan 1194 Cumberland ST ST. Paul M.N. 55117 °�� l. �� A�'K � 2U05 �bl��{�FS �AD B��I�C ��Y6L9�� Z�S 3�� i a'^ `- Z m n�,� R l � -��?� — t�s�} ��-o Sa�� -- � ----- -- -- _.—___�l�.e a,b�v� �u��esS�� -��--QS�s-f��uS -- --- ---r--v�,,_ Cc� .— v-� c�,v�__ � � � f _, �s ��c-e. _ �-e��-fQ __ 'J --- _.__ ___ ___.. 11J� — C?9,'° �.�4�-. _-erc�w_._�-�. _.�.r?'��.��. ___...... . _ . � XN �•2 �'i �... QG� .9�q�_ _ _- - --- - ----__ � �CVaQ __ G_.�Q.�-�.) -�'�-✓� _ --- - - �-_ �._ -- - ... _-�___ ��'' _ _ . _ �._ _. �_S. 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