06-639Council File # d - F��
Green Sheet # // 6
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
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2 WF�REAS, Suzanne Snaza, in Zoning File No. 06-067-Ob9, applied for a conditional use
3 permit for an outdoor used caz sales and a caz cleaning and detailing business at property located
4 at 1229 Payne Ave, legally described as 70SEPH R. WEIDE'S 2ND ADDTTION TO THE CTTY
5 OF ST. PAiJL IATS 7 THRU LOT 10 BLK 1, Parcel Identification Number (PIN)
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202922430093; and
WI-IEREAS, the Zoning Committee of the 3aint Paul Planning Commission conducted a public
hearing on April 27, 2006, upon giving proper notice and in which all persons appearing were
given an opportunaty to be heard and, at the close of the hearing, voted to recommend denial of
the conditionai use pernut; and
WI�REAS, on May 5, 2006, the Saint Paul Planning Commission, based upon all the records
and files before it and the recommendation of the Zoning Committee, moved to deny the
conditional use permit based upon the following findings of fact as set forth in Planning
Commission Resolution No. 06-44:
1. In 2002, when the 1998 conditional use permit was reviewed, the business was
complying with the conditions of the permit. At that time, the owner requested that the
number of cars pernutted for sale be increased from 8 to 12. The Planning Commission
approved the conditional use pernut for auto detailing and expansion of auto sales to 12
cazs.
2. The auto detailing portion of the proposed business is considered an auto specialty store.
§b5.704 requires auto specialty stores to meet the standards outlined in §65.703:
(a) The construction and maintenance of all driveways, curbs, sidewalks, pump
islands or other facilities shall be in accordance with current city specification.
Such specifications shall be developed by the planning administrator, traffic
engineer and city fire marshal, and shall be approved by the planning
commission, and filed with the city clerk. This condition is not met. See findings
3(b) and 5.
(b) A ten-foot buffer uea with screen planting and an obscuring wa11 or fence shall
be required along any property line adjoining an existing residence or
residentially zoned azea. This condition does not apply. There is no adjoining
residentially zoned property.
(c) The minimum lot area shall be fifteen thousand (15,000) square feet, and so
arranged that ample space is available for motor vehicles which ace required to
wait ...This condifion is not met. The total lot azea for the property located at
1229 Payne is 9,460 square feet. See findings 3(d) and 5.
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3. §65.706 lists five standards that all outdoor auto sales and rental uses must satisfy:
4 (a) The lot or area shall be provided with a permanent durable and dustless surface,
5 and shall be graded and drained so as to dispose of all surface water accumulated
6 within the area. This condition is meL The lot is graded and paved with asphalt.
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(b) Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the
intersecfion of any (2) stceets. This condition is partly met. 1229 Payne is located
at the intersection of Payne and Hawthorne. The entrance from Payne is at least
sixty feet from the intersection, but the driveway from Hawthorne is less than
sixty feet.
(c) No repair or refinishing shall be done on the lot unless conducted wiYhin a
comgletely enclosed building. The applicant states that she will comply with this
condition.
(d) The minimum lot area shall be fifteen thousand (15,000) square feet. A site plan
shail be submitted showing the layout of the vehicles for sale or rent, employee
parking, and customer parking. This condition is not met The parcel size was
reduced from 11,000 sq. ft. to 9,460 sq. ft. in 2005,
The applicant has not submitted a site plan, but refers to using the site in the same
manner as the previous pernut, a copy of which is on file. That drawing shows five
parking spaces on Payne, three on Hawthorne, one next to the building and seven in back
for a total of 16 spots.
(e) In the case of pawnbrokers. ...This condition does not apply.
§61.501 lists five standazds that all conditional uses must satisfy:
(a) The extent, location and intensity of the use will be in substantial compliance
with the Saint Paui Comprehensive Plan and any applicable subarea plans which
were approved by the city council. This condition is not met. The applicant is
applying for a Conditional Use Pernut to conduct a business that was denied by
the Planning Commission in 2005. At that time the Commission found that the
Land Use Chapter of the Comprehensive Plan encourages neighborhood
commercial strips to retain a mix of uses and a pedestrian-oriented design (Land
Use Plan 1.2). This use is not pedestrian oriented and does not fit with the area's
mix of commercial uses.
(b) The use will provide adequate ingress and egress to minimize traffic congestion
in the public streets. This condition is not met. There are two points of ingress and
egress on this property, a main entrance off of Payne and a side entrance on
Hawthorne. The Hawthorne entrance is too close to the intersection and is not
adequate to minimize traffic congestion.
(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
welfaze. This condition is not met. The Planning Commission found in 2005 that
the use has become detrimental to the existing character of development in the
neighborhood and endangers the public health, safety and general welfare. It
appears that the site is cunently being used to store cars and trucks, some of
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which are not operable. Since auto repair is not a pertnitted use at this properiy,
this storage is currently illegal.
(d) The use wili not impede the normal and orderly development and amprovement of
the surrounding property for uses pernutted in the district. This condition is not
met. In 2005, the Plann%ng Commission found that an auto related business at this
site would impede the exasting character of development in the neighborhood.
(e� The use shall, in all other respects, conform to the applicable regularions of the
district in which it is located. This condition is not met. The lot area, and entrance
off of Hawthorne do not comply with City regulations.
5. §61.502 states that the planning commission, after public hearing, may modify any ar all
special conditions, when strict applicarion of such special conditions would unreasonably
limit or prevent otherwise lawfui use of a piece of property or an existing structure and
would result in exceptional undue hazdship to the owner of such property or structure;
provided, that such modification will not impair the intent and purpose of such special
condition and is consistent wlth health, morals and general welfare of the community and
is consistent with reasonable enjoyment of adjacent property. Modification of the
following two requirements is required prior to approval of a Conditional Use Pernvt for
1229 Payne Avenue:
Modification of the requirement thaC vehicular access to outdoor auto sales be at
leasY 60 h. from the inCersection of any two streets.
ModificatiQn of the minimum lot size requirement.
The purpose of the lot siZe requirement is to ensure that all activities related to the auto
sales and auto specialty business has sufficient room to occur entirely on the site. Auto
sales on small parcels frequently create problems far sunounding properties.
Modification of these requirements is not consistent with reasonable enjoyment of
adjacent property, will impair the intent and purpose of the conditions, and is inconsistent
with the health, morals, and general welfare of the community.
WHEREAS, pursuant to the provisions of L.eg. Code § 61.702, Suzanne Snaza duly filed an
appeal from the detemunation made by the Planning Commission in Zoning File No. 06-083-624
and requested a hearing before the City Council for the purpose of considering actions taken by
the said Commission; and
WF�REAS, acting pursuant to L.eg. Code §§ 61.702 and .704 and upon notice to affected
parties, a public hearing was duly conducted by the City Council on June 21, 2006, where all
interested parties were given an opportunity to be heud; and
Wf �REAS, The Council, having heard the statements made, and having considered the
application, the report of staff, the record, minutes and resolution of the Zoning Committee and
of the Planning Commission does hereby
RESOLVE, that the Council of the City of Saint Paul does hereby affitm the decision of the
Planning Commission in this matter based upon the following findings of the Council:
The Council finds no error in the facts, findings or procedures of the Planning
Commission in this matter and the Council adopts as its own the findings of the
Planning Commission as set forth in Planning Commission Resolution No.06-44.
� ���
2 AND BE TI` F[3R'I`HER IZESOLVED, that the appeal of Suzanne Snaza be and is hereby denied;
3 and be it
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5 FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Suzanne
6 Snaza, the Zoning Administrator and the Planning Commission.
7
Reqnested by Deparenent of
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Form Approve `--- for Submission to Council
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BY: � df2.
Approved by ya D e — - v^f'
By:
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� Green Sheet Green 5heet
Green Sheet Green Sheet Green Sheet Green Sheet �
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�epai6nerM/office/council: Date initiated: �
�a -��A,�„�, Z�,��N-� Green Sheet NO: 3031'165
� Contact Person & Phone:
Deoar6netrt Sent To Person InitiaVDate I
Pefer Wamer � 0 itv Attornev I i
266-8710 I pui9n 1 ' Attor¢ De artment Director
Aust Be on Councii AQenda by (Date): Number 2 �C�t„ pttornev (
For
Routing 3 ar's Office Ma orlAssis n
,� )'� � Lv`., Order 4 an c 1
� �.�ci 5 i C7erk Ci Clerk
Total # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
Memorializing City Council's 7une 21, 2006 motion to aKrru the decision of the Planning Commission and deny the conditional use
permit for an outdoor used caz sales and a car cleaning and detailing business at the properry located at 1229 Payne Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm evet worked under a contract for this depaAment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city emptoyee?
Yes No
3. Does this person/firm possess a skilf not normafly possessed by any
, curcent city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, IMiat, When, Where, Why);
AdvanWpes If Approved:
The Council is required pursuant to the City Charter to have its acrions reduced to writing either in the form of a resolurion or ordinance
dependent upon the nature of the matter before it. The decision of the Council in this matter required a written resolurion in order to
comply with the Charter. Approving the attached resolu6on fulfills the Council's duty under the Charter.
DisadvantaAeslfApproved;
None.
Disadvantages If Not Approved:
Failure tu approve the resolution violates the City Charter requirement. JUN `L 9 ZOOB
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Totai Amount of �y/Revenue Budgetetl:
Transactiun:
Fundinq Source: ActivitV Number. (� ReS�a�°��p �°����
Fimanciaf iMormation:
(Explainj
�tUL tY e9 L�&'�
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DEPARTMENT OF PLANNING &
ECONOMIC DEVELOPMENT
b�'���
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Tony Schertler, Interim Directm
CITY OF SAINT PAUL
Christopher B. Caleman, Mayor
May 17, 2006
Ms. Mary Erickson
City Councii ftesearch Office
Room 310 City Hal!
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 W. Fourth Street
Sairzt Pau1, MN 55702
Tetephone: 651-266-67d0
FacsimiZe: 65l-228-3?2Q
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
June 7, 2006, for the following zoning case.
Zoning File Number. 06-083-624
File Name: Suzanne Snaza
Address:
Purpose:
1229 Payne Ave,
Appeal of a Planning Commission denia! of a conditional use permit
for outdoor used car sales and a car cleaning and detailing business
Previous Action:
Zoning Committee Recommendation: denial, 7- �- 0
Planning Commission Recommendation: denied, unanimous
I have confirmed this day with Councilmember Bostrom's office. My understanding is that this
public hearing request will appear on the agenda for the May 24, 2006, City Council meeting
and that you will pubfish notice of the hearing in the Saint Paul Legal Ledger. Please call me at
651-266-6639 if you have any questions.
� Si c rely,
i
Patricia James
City Planner
cc:
File #: d6-083-624
AppiicanUAppeliant: Ms Suzanne Snaza
Paul Dubruiel
Wendy Lane
Carol Martineau
AIIan Torstenson
NOTICE OF PUBLIC �HLARING
'Rie Saint Paul City Counc(1 wltl conduct a
public hearing'on Wednesday, June 7,
2006 at 5:30 p.m. in the GYty Council
Chambers, Thitd Floor City Hall, 15 West
Kellogg Boulevard, St Paul,, MN, to con-
sider the appeal of Suzanne Sna7a to a dr
cision of the Plannmg Commission deny-
ing a conditional use permit for ouWoor
used car sales and a car cieaning and de-
tatltct� husiness at 1229 Payne Avenue.
(Zoning. F71e 06-083-624)
Dated; May 18, 2006
MARY ERICKSON
Assisixztt City Council Secretary
�Y �l
--x----= '. PAVi.IBGAL IELDGER �==s'x
28116780
AA-ADA-EEO Employer
06-OT-O6 11:51am From-KELLY AflD FAWCETT
Kelly & Fawcett, P.A.
A T T O Ft N E Y S AT L A W
OFCOam'tL
Mc('1/IGAN tF xOLLY PLC
3une 7, 2006
Council Member Aan Bostrum
City Hall
Room 320-B
St. Paui, MN SS102
RE: Zaaiag File No. 06-083-624, Ms. Suzaune Suaza Appeal
Deaz Council Member Bosmun:
T-762 P 02l02 F-841
Dl� � �'��
■ Song L,o fiawcett
sfawcett@kellyandfawcett,com
YlA FACSlNllLE ONLY
f tzust chat this letter wil] find you doing well. 1 am writing to request a continuance of the Snaza
Appeal for her pmperty located at 1229 Payue Aveuue. Ms. Sna2a has very recently eu�aged us
to represent her on this matter and we would like some addirional tune to review the Ciry's
record and pzepaze for the appeal.
Please be advised that Ms. Snaza agees to waive her rights under the 60.day itule, so chat the
Ciry Council can take accion in nvo weeks inscead of today. If we need to have a representanve
attend today's meeting to personally request an extension, please let me know and we will be
happy to do so. t very much appreciate your considerauon and look forwazd co a response.
SLF/rjo
cc: Peter Wart�er, Esquire
Ms. Patricia James
Ms. Suzanne Snaza
6512236018
aaa CEDAR STREST, SUITE 2350 s S,�iT PwUL, MIlvNFSOTA SS1Ui
T8LF3HONE b51-224-3751 • FACSIMI7.E 65i-223-8019
www.kellyandP•awcet[.cum
Respectfully yours,
DEPARTMENf OF PLANNING &
ECONOMIC DEVELOPME,4T
Torry Sche>tler, Interim Duector
p�,Q��f
CITY OF St�INT PAUi,
Christopher B. Coleman, Mayor
May 30, 2006
Ms. Mary Erickson
City Council Research O�ce
ftoom 3'f 0 City Hail
Saint Paul, Minnesota 55102
25WestFmmhSireet Telephone:651-266-6700
SairrtPaul,MN55702 Facsimi1e.651-228-3220
Re: Zoning File #: Q6-083-624
Appeliant: Ms Suzanne Snaza
Address: 1229 Payne Ave,
Purpose: Appeai of a Planning Commission denia{ of a conditional use permit for
outdoor used car sales and a car cleaning and detailing business (Zoning
File # 06-067-069)
Citv Councii Hearinq: June 7. 2006, 5:30 p.m., Citv Councii Chambers
Staff Recommendation:
• District Council:
Zoning Committee Recommendation:
Support:
Opposition:
Planning Commission Qecision:
denial
denial
denial vote: 7-0-0
0 people spoke, 0 fetters were received
1 person spoke, 0{etters were received
denied, vote: unanimous
Deadline for Action:
Staff Assigned:
Attachments:
cc: Zoning Fife #: 06-083-624
Appel{ant: Ms Suzanne Snaza
C+ty Councif Members
Qistricf Council: 5
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Wamer
.
June 13, 2006 (originai deadiine)
Patricia James, 651-266-6635�
Planning Commission resolution 06-44
Planning Commission minutes, May 5, 2006
Zoning Committee minutes, April 27, 2006
Correspondence received
Staff Report packet
AA-ADA-EEO EMPLOYER
APPLICATIDN FOR APPEAL
Department of Ptanning and Economic Develapmenf
Zonina Section
I4D0 City HaIZ Annex -
25 West Fourth Street
Saint Paul, MN SSIO2-I634 "
(657) 266-6589
Name � =G��
APPLICANT Address��_ _ �'�f�`� ���
1i � • ��i� � .
PROPERTY
LOCATION
Zoning Fite Name
Address / Location��_ � � �{� .�. � �_
TYPE OF APPEAL: Application is fiereby made for an appeal to the:
� Board of Zoning Appeals � City Council
� Planning Commission
Under the provision of Chapter 6't, Section �� Paragraph�` of the Zoning Code, to appeal a
��., , _ n_ i_ F
made by the
(date ofi decision)
2� {� � . File N'umber: ` �S' h v � �d �� �r9
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or
refusat made by an administrative officiat, or an error in fact, procedure or finding
made by the Board of Zoning Appeals or the Planning Commission.
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SA3NT
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•
•
CITY OF SAIN'f PAUL
Christopher B. Cotemarz, Mayor
May 5, 2006
Ms Suzanne Snaza
345 Robert Dr
Hastings MN 55033
RE: Zoning File # 06-067-069
Dear Ms Suza�ne Snaza:
DEPARTMENT OF PLANNTNG &
ECONOMIC DEVELOPMENT
Tony Schertier, Inierim Direcior
25 W. Founh St�eet
SaintPt�ul, MN55102
Benjamin F Thomas JrlNina M Thomas
1467 Sfate 84 SW
Pine River MN 56474-6018
Suzanne Snaza
V� / "���
�
Teleph one: 651-266-670D
Fncsimale: 6.i1-2Z832d 0
On April 6, 2006, you applied for a Conditional Use Permit for outdoor used car saies and a car
cleaning and detailing business at 1229 Payne Ave. After a public hearing by the Saint Paul
Planning Commission's Zoning Committee on April 27, 2006, the Commission voted to deny
your request on May 5, 2006. Enclosed is the Planning Commission's resolution stating its
findings and decision. �
The Planning Commission's decision may be appealed fo the City Council by filing an appeal
and fee ($435) within ten days of the dafe of the P(anning Commission's decision. In this case
fhe deadline is Monday, May 15, 2006. Appeals are filed at the Zoning Counter, 1400 City Hall
Annex. 7he appeal should be based on what you believe to be an error of fact, finding, or
procedure of the Planning Commission. Enclosed is an appeal application.
Please cali me at 651-266-6639 if you have quesfions.
. - �
�� �r/'>' _v
Patricia James
City Planner
Enclosures:
Resolution
Application for Appeaf
cc: Fi{e # 46-067-069
Zoning Administrafor
License Inspector
District 5 Community Councif
h4-ADA-BEO Exnployer
D�'���
city of saint paul
• planning commission resolution
file number 06-44
date Mav 5, 2006
WHEREAS, Suzanne Snaza, File # 06-067-069, has applied fior a Conditional Use Permit for outdoor
used car sales and a car cleaning and detailing business under the provisions of §65.704 and §65.706 of
the Saint Paul Legislative Code, on property located at 1229 Payne Ave, Parcel Identification NumBer
(PIN) 202922430093, legal4y described as JOSEPH R. WEIDE'S 2NQ AqDiTION TO THE CITY OF ST.
PAUL LOTS 7 THRU LOT 10 BLK 1; and
WHEREAS, the Zoning Committee ofthe Planning Commission, on Aprif 27, 2006, held a pubiic 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 eHdence presented to its Zoning
Committee at the public hearing as substantially reflecfed in the minutes, made the fo{lowing findings of
fact:
1. In 2002, when the 1998 conditional use permit was reviewed, the business was complying with the
conditions of the permit. At that time, the ov�ner requested that the number of cars permitted for sale
be increased from 8 to 12. The Planning Commission approved the conditional use permit for auto
detaiiing and expansion of auto sales to 12 cars.
2. The auto detailing portion of the proposed business is considered an auto specialty store. §65.704
requires auto specialty stores to meet the standards outlined in §65.703:
• (a) The construcfion and mainfenance of al! driveways, curbs, sidewalks, pump is/ands or ofher
facilities shall be in accordance with current cify specification. Such spec�cations shail be
developed by the planning administrator, traffic engineer and city fire marshal, and shall be
approved by the planning commission, and filed with the city c%ifc This condition is not met.
See findings 3(6) and 5.
{b) A fen-foof bufferarea wifh screen planting and an obscuring wall or fence shall be required
a�ong any property line adjoining an existing �esidence or residentiatiy zoned area. This
condition does not apply. There is no adjoining residenfially zoned property.
(c) The minimum lot area shall be ftfteen thousand (95,000) square feet, and so arranged that
ample space is available formotor vehicles which are required fo wait . ..This condition is not
met. The fotal lot area for the property located at 1229 Payne is 9,460 square feet. See
findings 3(d) and 5.
3. §65.706 lists five standards that ail outdoor auto sales and renfal uses must satisfy:
(a) The (ot or a�ea sha// be provided with a permanent durable and dustless surface, and shail be
graded and drained so as fo dispose of all surface water accumulafed within fhe area. This
condition is met. 'The lot is graded and paved with asphalt.
(b) Vehicular access to the outdoorsales area shafl be at least sixty (60) feet fiom the intersection
of any (2) streets. This condition is partly met. 1229 Payne is locafed at the intersection of
moved by Morton
seconded by
111 faVOf Unanimous Approval to Denv
� against
Zoning Fiie # 06-067-069
Planning Commission Resolution
Page 2
�
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Payne and Hawthome. The entrance from Payne is at least si>3y feet from the intersection, but
the driveway from Hawthome is iess than sixty feet.
(c) No repair or refinishing shall be done on the lot unless conducted vtiithin a completely enclosed
building. The applicant states that she vvill comply with this condifion.
(d) The minimum !ot area shaf! be frfteen thousand (95, 000) square feet. A site plan shall be
submitted showing the layout of the vehides forsale orrent, employee parking, and cusfomer
parking. This condition is not met. The parcel size was reduced from '11,000 sq. ft, to 9,460 sq.
ft. in 2005.
The applicanf has not submitted a site plan, but �efers to using the site in the same manneras
the previous permit, a copyof which is on frle. That drawing shows five parking spaces on
Payne, three on Hawthome, one next to tF�e building and seven in back for a total of 16 spots.
(e) In the case of pawnbrokers. . ..This condition does not apply.
§61.501 lists five standards that a!I conditiona! uses must satisfy:
(a) The extenf, locafion and intensify of the use wlf be rn substantia! compliance with the Saint
Paul Comprehensive Plan and any applicable subarea p/ans whicl� were approved by the city
council. This condition is not met. The applicant is applying for a Conditional Use Permit to
conduct a business that was denied by the Planning Commission in 2005. At that time the
Commission fnund that the Land Use Chapteraf the Comprehensive Pian encourages
neighborhood commerciaf strips to retain a mix of uses and a pedestrian-oriented design
(Land Use Plan 1.2). This use is not pedestrian oriented and does not fit with the area's mix of
commercia! uses.
(b) The use wi!! provide adequate ingrzss and egress to minfmize traffrc congestion in the public
streefs. This condition is not met. �Ihere are fwo poinfs of ingress and egress on this properfy,
a main entrance off of Payne and a side on Hawthorne. The Hawthome entrance is
too close Yo the intersection and is not adequate to minimi� fraffic congestion.
(c) The use wil! not 6e detdmental to the existing character of the development in fhe immedrafe
neighborhood or endanger the public health, safety and general welfare. This condifion is nof
met. The Planning Commission found in 2005 that the use has become detnmental to the
existing character of development in Yhe neighborhood and endangers the public health,
safety and generai welfare. it appears that the site is currently being used to store cars and
trucks, some of wFiich are nof operable. Since aufo repair is not a permitted use af fhis
property, this storage is currently illegal.
(d) The use wi!/ not impede the normal and orderly developmenf and improvement of the
surrounding propertyforases pemritted in the district. This condition is not met. In 2005, the
Pfanning Commission found that an auto related business af this site wouid impede the
existing character of development in the neighborhood.
(e) The use shalt, in all ofherrespects, conform to the applicable regulations of the district in vvhich
it is located. This condition is not met, The lot area, and entrance off of Hawthome do not
comply wifh Cify regufations.
§61.502 states that the planning commission, after pubtic hearing, may modify any or all special
conditions, when sfricf application of such special conditions �ould unreasonably limit or prevent
otherwise lawfu! use of a piece of property or an existing structure and would result in exceptional
undue f�ardship fo fhe owner of such praperty or structure; provided, that such mod�cafion will nof
impair the intent and purpose of such specia/ condition and is consisfent with health, morals and
genera! welfare of the communify and is consistent with reasonable enjoymenf of adjacent p�nperty.
Modification of the fotlowing fwo requirements is required prior to approval of a Conditional Use
Perznit for 1229 Payne Avenue:
• Modification of the requirement that vehicular access to outdoor auto sales be at least 60 ft.
from the intersection of any two strsets.
• Modification of the m+rtimum lot si� requiremertt.
The purpose of the lof size requiremenf is to ensure that atl acfivifies retated to ffie aufo sales and
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OC��I���
Zoning Fiie # 06-067-069
Planning Commission Resolution
� Page 3
auto specialty business has sufficient room to occur entirely on the site. Auto saies on sma!! pa�els
frequenffy create problems for suttounding properties. Modification of tfiese requirements is not
consistent with reasonable enjoyment of adjacenf property, will impair the intent and purpose of the
conditions, and is inconsistent with the health, morals, and generai welfare of the community.
NOW, 7HEREFORE, BE lT RESOLVED, bythe Saint Paul Planning Commission, underthe authorify
of the Citys Legislative Code, that fhe app4ication of Suzanne Snaza for a Conditiona{ Use Permit for
outdoor used car sales and a car cleaning and detaili�g business at 1229 Payne Ave is hereby
denied.
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Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Minutes May 5, 2Q06
A meeting of the Pianning Commission of the City of Saint Paul was held Friday, May 5, 2Q06,
at 830 a.m. in the Conference Center of City Aall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Smitten and Trevino
Messrs. Aligada, Aiton, Bellus, Gudahy, Goodlow, Gordon, Johnson, Kramer, Mejia
and Neison.
Mmes. * Porter, and Messrs. *Commers, *Dandrea and *Kong
*Excused
t
u
Also Present: Larry Soderholm, Planning Adminis�ator; Peter Wamer, City Attomey, Allen
I,ovejoy, Allan Torstenson, Pahicia James, Penny Simison, Donna Drummond, Lucy
Thompson, Yang Zhang, Shawntera Hazdy, Christina Danico, Jessica Rosenfeld and
Kate Fleming, Aepartment of Planning and Bconomic Development staff.
I.
II.
�
Approval of minntes April 21, 2006.
MOTION: CommissionerNelson moved approval of the minutes ofApriZ 2I, 2006.
Commissioner Faricy seconded the motion. The motion carried unanimously on a voice votz
Chair's Announcements
Chair Alton announced the Narionai Great River Pazk event, May 8, 2006, at 11:00 a.m.
at Harriet Island Regional Park, Wigington Pavilion. Commissioner Johnson will attend
on behalf of the Plaxming Commission.
Chair Alton announced Commissioner Aligada wiil co-chair the Centrai Corridor Task
Force.
Planning Administrator's Announcements
Mr. Soderholm reported on planning-related City Council business. The new PED Director
Cecile Bedor has been appointed and wi11 start in 7une. The Crifical Area Task force is taldng its
recommendations out to Dishict Council meetings, and there will be a joint Critical Area Task
Force-Planning Commission public meeting on Harriet Island at the Wigington Pavilion, May 30,
2006, 630 p.m.
Apparent]y the state legislature is considering a prohibition on the location of adult entertainment
� °-�__� �
� businesses 2,800 feet from any church. This would put the City in a Catch 22 between state law
and the federal courts.
C►/
Zoning Committee
OLD BUSIIYESS
#06-047-258 Arch Service Providers - Conditional Use Permit for a transitionat housing/licensed
human service community residenrial facility with 60 residents. 135 Colorado St. E., NE comer
at Clinton. (Jessica Rosenfeld, 651/266-6560)
MOTION: Commissioner Morton moved the Zoning Commiitee's recammendation to deny the
cnnditional use pesmit The motion carried unanimously on a voice vote.
NEW BUS7NESS
#06-067-069 Suzamie Snaza — Conditional Use Pemut for outdoor used car sales and a caz
cleaning and detailing business. 1229 Payne Ave., SW comer at Hawthome.
(Patricia.7ames, 651/266-6639)
lYIOTION: Commfssioner Morton moved the Zonfng Commiftee's recommendation to deny ihe
conditional use permiG The motion carried unanimously on a voice vote.
Commissioner Morton announced the Zoning Committee Agenda for the May 11, 2006 meeting.
V. Comprehensive Planning Committee
Forum on Infrastructure for the Comprehensive PIan - The Comprehensive Planning Committee
is sponsoring four forumc to gather background for the Comprehensive Plan update. T'his is the
second one, dealing with the condition of existing infrastructure and future needs.
(Penny Simison, 651/266-6554)
Penny Simison introduced the topic.
Mi. Dave Nelson, Depazhnent of Real Estate, said tfie department's funetions include
acquiriag, leasing and disposing of real estate for the city. The Design Group's focus is to
provide faciliry engineering design; construction solutions; new consiruction; major renovation;
CIB requests; capital maintenance repair; site plaaning and studies. Mr. Nelson stated the City
needs to consider a Faciliry Repiacement Schedule based on usefuI physical and functional life
of facilities.
NIi. John Maczko, City Engineex, stated there aze 851 miles of streets that are at least 40-45
yeazs old, and some that aze 80 years ol@. There aze 80 miles of unpaved streeu and frve miles
of dirt streets. The city has 18 bridges that need major tepaiu and 11 that need to be replaced.
Each year 10-12 miles of sireets are reconsiructed; at the current funding levels the RSVP
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East Grand Avenue Overlav District - Release drafr for public review and set public hearing on
June 2, 2006. {Yang Zhang, 65I f266-6659)
tl'IOTION: Commissiorzer McCall moved the Neighborhood and Currext Planning
Committee's recommendtttion fhttt the East Grand Avenue Overlay District I'lan Draft
be released for public review and that the Planning Commission set a public hearing
for Tune l, 2006. The mation carried unanimously on a voice vote.
VII. Long-range Planning Committee
No report
VIII. Communications Commission
No report
IX. Task Force Reports
No report
• X.
XI
XII.
Old Business
None
New Business
None
Adjournment
Meeting adjoumed at 10:40 a.m
Recorded and prepazed by
Kate Fleming, Planning Commission Secretary
Planning and Economic Development Department,
City of Saint Paul
Respectfully submitted,
Approved
(Date)
Lazry Soderholm Marilyn Porter
. Platming Adininistrator Secretary of the Planning Commission
�� -�� �
• MINUTES OF THE ZONlNG COMMlTTEE
Thursday, AQril 27, 20�6 - 3:3� p,m.
City. Courtcii Chambers, 3rd Ffoor
Cify Hai1 and Court House
15 West Kellogg Boulevard
PRESENT:
r
EXCUSED:
Alton, Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, and Morton
Mejia
STAFf: Patricia James, Carol Martineau, and Peter Warnef
The meeting was chaired by Commissioner-Morton.
Suzanne Snaza - 06-067-069 - Condifional Use Permit fior outdoor used car sales and a
car cleaning and defailing business. 1229 Payne Ave, SW corner at Hawthorne
Patricia James presented the stafF report with a recommendatiari of denial for the CUP. Patricia
James also stated District 5 had not yet commented, and there were no letters in support, and
no letters in opposition.
Suzanne Snaza, the appficant, stafed she was trying to seli the buiiding and has a buyer who
wants to use the property the same way as the previous use. She stated that she has a building
ihat cannot be used or sold, and she ca�not afford to keep it. She also asked for advice on
where to go from here if the conditiona� use is denied.
Commissioner Kramer explained the details of the previous permit and stated the permit was
sef up to exp+re when the operatian changed hands.
At the question of Commissioner ponnetly-Cohen Ms. Snaza stated the garage is not open for
business and the painting of a car door was for personal use.
There was further discussion pertaining to lot size and encouraging the app(icant to try to find
anofher development for the property.
Lesley McMurray, District 5 P{anning Council stated they recommended deniai and would work
wifh the applicant and PED staff to figure ouf what the buifding could be used for.
Commissioner Kramer moved denial of the Conditional Use Permit and that if the applicanf
chooses to withdraw the Conditional Use Permit before the Planning Commission takes action
the application fee wouid be refunded. Commissioner Carole Faricy seconded the motion.
The motion passed by a vote of 7-0-0.
Adopted Yeas - 7 Nays - 6 Abstained - 0
Drafted by: S itted by Approve by: ,
�l`�`t' !//Cf'.�/tll.te.cotLG��
• Carol Martineau Patricia Ja � Gladys orton
Recording Secretary Zoning Secfion Ghair
Z f p6- 06'2 —Ordj' page i of 1
Pafricia 7ames - Emailing: 12Z9 Payne 4-20-06 �����]
��
• From:
To:
Date:
Subject:
Jeff Hawkins
James, Patricia
4/24/06 9:52:40 AM
Emai(ing: 1229 Payne 4-20-Ofi
Patricia,
These are pictures I took when I inspected the property last week. I also met Dave Bergman of Fire
Prevention at the property. We both advised the person operating a paint gun, pa'snting van doors
that this was not a permitted use and if it was permitted it would only be in a certified paint booth.
We were not ai{owed in the buiiding by Don, an employee of Roy Babcock according to his
statement. Dave advised him that the Certificate of Occupancy is currently revoked and the building
should be vacant. Don said he would clean his paint gun and lock up. Abaut ten minutes later<
Don came out of the buifding secured the front door with a lock, entered his vehicle ar�d 4eft the
property. There is no CUP or license to permit vehicle parking or storage and painting is not
permitted at this location as it is zoried B3. I`m sending orders to vacate the building and lot until a
permitted use is approved this office and the C of 0 is reissued.
Jeff Hawkins
The message is ready to be sent with the following file or link attachments:
•Shortcut to: C:\Documents,and Settings\Hawkins\My Documents\Work pictures\1Z29 Payne 4-20-05
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving
certain types of file attachments. Check your e-mail security settings to determine how attachments
are handied.
Jeff Hawkins, LTEP Inspector III
City of Saint Paul
O�ce of License� Inspections and
350 St. Peter Street, Suite 300
Saint Paui MN 55102-1510
tef : 651-266-9083
fax:
•
651-266-9099
�
Environmental Protection
file:J/C:�Documents and SettingsVames�I,ocal Settings\Temp\GW}00OO1.HTM 4/24/2006
Gr pfe- O�o�-G�d'�
Patricia 7ames - Emailing: 1229 Payne 4-20-06
From: Jeff Hawkins
To: James, Patricia
Date: 4/24/06 9:52:40 AM
Subject: Email+ng: 1229 Payrte 4-20-06
Page 1 of 1
•
Patricia,
These are pictures I took when I inspected the property last week. I also met Dave Bergman of Fire
Prevention at the property. We both advised the person operating a pa+nt gun, painting van doors
that this was not a permitted use and if it was permitted it would on(y be in a certified paint booth.
We were not ailowed in the building by Don, an employee of Roy Babcock according to his
statement. Dave advised him that the Certificate of Occupancy is currently revoked and the building
should be vacant. Don said he would clean his paint gun and lock up. About ten minutes later<
Don came out of the building secured the front door with a lock, entered his vehicle and left the
property. There is no CUP or (icense to permit vehic{e parking or storage and painting is not
permitted at this location as it is zoned B3. I'm sending orders to vacate the building and lot unti( a
permitted use is approved this o�ce and the C of O is reissued.
Jeff Hawkins
The message is ready to be sent with the following file or link attachments:
Shortcut to: C:\Documents.and Settings\Hawkins\My Documents\Work pictures\i229 Payne 420-�
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving
certain types of file attachments. Check your e-mail security settings to determine how attachments
are handled.
Jeff Hawkins, LIEP Inspector III
C+ty of Saint Paul
O�ce of License, Inspections and
350 St. Peter Street, Suite 300
Saint Paui MN 55102-1510
tel: 651-26b-9083
fax: 651-266-9099
Environmentat Protection
i
file://C:�Docuutents and SetEingsUames�L,ocal Settings\Temp\GW}00OO1.HTM 4l24/2006
D i� �L� ��
LEIP Enforcement Photos
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Zoning File # 06-067069
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LEIP Enforcement Photos
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Zoning File # 06-067069
Page 2
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Zoning File # 06-067069
Page 1
LEIP Enforcement Phofos
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ZON{NG COMMITTEE STAFF REPORT
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1. FILE NAME: Suzanne Snaza
2. APPLICANT: Suzanne Snaza
3. TYPE OF APPLiCAT{ON: Conditional Use Pemiit
4. LOCATION: 1229 Payne Ave, SW comer at liawthome
FILE # 06-067-069
HEAR{NG DATE: Aprif 27, 20fl6
5. PtN & LEGAL DESGRIPTION: 2Q292243�093, JOSEPH R. WEtDE'S 2ND ADQfTtON TO THE
CITY OF ST. PAUL LOTS 7 THRU LOT 10 BLK 1
6 PLANNING DISTRICT: 5
PRESENT ZONING: 63
7 ZONING CODE REFERENCE: §65.704 §65.706; §61.501; §61.502
8. STAFF REPORT DATE: April 19, 2006 BY: Patricia James
9. DATE RECEIVED: April 6, 2006 60-DAY DEADLINE FOR ACTION: June 13, 2006
A. PURPOSE: Conditio�al Use Permit for outdoor used car sales and a car cleaning and detailing
business.
B. PARCEL SIZE: 86 ft. (Payne Ave.) x 110 ft. (Hawthome) = 9,460 sq. ft.
110�a sq.ft.
C. EXtSTING LAND USE: A Auto ShowroomlLaUService
D. SURROUNDfNG LAND USE:
E.
F
G.
H.
North: Dairy Queen and medical clinic (63)
East: Fire station and liquorstore (B3)
South: Family Resource Center (63)
West: Single family and dupiex homes (RT1)
ZONING CODE CITATfON: §65.704 lists the conditions for auto speciaity stores; §65_706 tists the
conditions for outdoor auto sales and rental businesses; §61.509 lists generai conditions that must
be met by all conditional uses; §61.502 authorizes the pianning commission to modify any or ail
special conditions after making specified findings.
HISTORY/DtSCUSS[ON: In 1955, the Boarcl of Zoning gra�ted approval 4or a Special Use Permit
for a 20-car customer parking !ot (Council File #178-461). Five years later the Board of Zoning
passed a second Special Use Permit to allow the parking lot to e�and (Council File #199-928). In
1983, Jim Davidson appiied for a lot spit in order to purchase a parking area that he had previously
rented. Lot split approva{ was granted and two parcels were created by subdividing tots 7-10, of
Block 1, Joseph R. Weide's 2nd Addition (Subd. #45). 7he southem, larger Qarcel inciuded 14 ft of
Lot 7. A parking lot consistent with the subdivision was approved in 1996 (Zoning File #96-208). In
1997, a Special Condition Use Permit for auto repair was approved with conditions (Zoning File
#97-034). One year tater, a Speciai Condition Use Pertnit for car detaifing and outdoor auto safes
was denied (Zoning File #98-208j. Later that same year, a revised permit was approved with
conditions (Zoning File #98-317). in 2002, Bemard Snaza, was granted a renewai of the Speciai
Condition Use Permit for auto detailing and auto sales and e�arided the aufo sales from 8 to 12
cars (Zoning �ile 02-120-636). In 2005, the Mr. Snaza was granted a lot split v�/nich gave 14 ft. to
the properly nexf door at 1201 Payne (Zoning File �5-047-478). The 1998 and 2��2 Specia!
Condifion Use Perznits state that if the property is sold, the new owner must reapply for a
Condifional Use Permit. Mr. Snaza passed away in April, 2005, and his heir requested a new
conditional use permit for the same business (File # 05-136-773). That permit was denied by the
Planning Commission, and an appeal to the CityCounci! was filed and laterwithdrawn.
DISTRICT COUNCIL RECOMMENDATION: The District 5 Gouncii had not commented at the
time this staff report was prepared.
FINDINGS:
� 1. In 2002, when the 1998 conditionai use permit was reviewed, the business was compiying with
the conditions of the permit. At that time, the ov�ner requesYed that the number of cars
permitted for sale be increased from 8 to 12. The Planning Commission approved the
conditional use pertnit for auto detailing and expansion of auto sales to 12 cars.
Zoning File # 06-067-069
Zoning Committee Staff Report
Page 2
u
2. The auto detailing portion of the proposed business is considered an auto specialty store.
§65.704 requires aufo specialty stores to meet the standards outlined in §65.703:
(a). The construction and maintenance of aIl driveways, curbs, sidewalks, pump islands or
other facilities shall be in accorrlance with current city specifrcation. Such specifrcations
shall be developed by the planning administrator, tra�c engineer and city frre marshal, and
shall be approved by the planning commission, and filed with the city clerk. This condition
is not met. See findings 3(b) and 5.
(b). A ten-foot bufferarea with sc�en planting and an o6scuring wa11 or fence shall be r�quired
along any property line adjoining an existing residence or residentially zoned area. This
condition does not apply. There is no adjoining residentially zoned property.
(c). The minimum lot area shal! be �fteen thousand (15,000) square feef, and so amanged fhat
ample space is availabie formotor vehicles which are required to wait . ..This condition is
not met. The total !of area for the property located at 1229 Payne is 9,460 square feet. See
findings 3{d) and 5.
3. §65.706 lists five standards that all outdoorauto safes and rental uses must satisfy:
(aJ The lof orarea shall be provided with a permanent durable and dusfless surface, and shall
be graded and drained so as to dispose ofall surface wateraccumulated within the area.
This condition is met The lot is graded and paved with asphalt.
(b) Vehicularaccess to the oufdoorsales area shafl be at least si�cfy (60) feef from the
intersection of any (2) streefs. This condifion is partly met. 1229 Payne is located at the
intersection of Payne and Hawfhome. The entrance from Payne is at (east si�dy feet from
the intersection, but fhe driveway from Hawthome is less than sixfy feet.
(c) No repair or refinishing shall be done on the lot unless conducted �nathin a complefely �
enclosed building. The appticant states that she will comply with this condition.
(d) The minimum /of area shall be fifteen thousand (15,000) square feef. A site plan shall be
submitted showing the layout of the vehicles forsale orrent, employee parking, and
customer parking. This condition is not met. lhe parce! size was reduced from 91,000 sq.
ft. to 9,460 sq. ft. in 2005.
The applicant has not submitted a site plan, but �efers to using the site in the same manner
as the previous permit, a copy of which is on file. Thaf drawing shows five parking spaces
on Payne, three on Hawthome, one next to fhe building and seven in back for a tota! of 16
spots.
(e) In the case of pawnbrokers. . ..This condition dces not apply.
4. §61.501 (isfs five standards fhat all condifional uses must satisfy:
(a) The extent, location and intensify of the use w!! be in substantial compliance with the Saint
Paul Comprehensive Plan and any applicable suba�ea plans which tvere approved by the
ciiy counciL This condition is not met. The applicant is applying for a Conditional Use
Permit to conduct a business that �s denied by the Planning Commission in 2005. At that
time the Commission tound fhat the Land Use Chapter of the Comprehensive Pfan
encourages neighborhood commercial strips to retain a mix of uses and a pedestrian-
oriented design (Land Use Plan 1.2). This use is not pedestrian oriented and does not fit
with the area's mix of commercial uses.
(bJ The use will provide adequate ingress and egress to minimize traffrc congestion in the
public streets. This condition is not met. There are two points of ingress and egress on this
properLy, a main entrance off of Payne and a side enftance on Hawthome. The Hawthome
entrance is too close to the intersection and is not adequate to minimi� traffic congestion.
(cJ The use wil! not be detrimental to the exisfing character of the development in the
immediate neighborhood or endaager the public health, safefy and general welfare. This �
condition is not met. The Planning Commission found in 2005 that the use has become
detrimental to the ebsting character of development in the neighborhood and endangers
the public healfh, safety and general welfare. It appeats that the site is currently being
6 (� - I� ��
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Zoning File # 06-067-069
Zoning Committee Staff Report
Page 3
used to store cars and trucks, some of which are not operabie. Since auto repair is not a
permitted use at this property, this storage is currently i4fegai.
(d) The use will nof impede the normal and orderly developmenf and improvement of fhe
surrounding property for uses permitfed in fhe district. This condition is not met. tn 2005,
fhe Planning Commiss+on found fhat an auto related business at this sife would impede the
existing character of devetopment in fhe neighborhood.
{e) The use shal(, in alf otherrespects, conform fo the app(icable r�gulations of the district in
which it is located. This condition is not met. The lot area, and entrance off of Hawthome
do not comply with City regulations.
5. §61.502 states thaf the planning commission, aHer public hearing, may modify any or all
special conditions, when strict application of such special conditions ✓�uld un�easonably limit
or prevent othenvise lawful use of a piece of property or an existing structure and would result
in exceptional undue hardsf�ip to the owner of such property or structure; provided, that such
modification will not impair the intent and purpose of such specia! condition and is consistent
with health, morals and general welfare of the community and is consistent with reasonable
enjoyment of adjacent properfy. Modification of the following two requirements is required prior
to approval of a Conditional Use Permit for 1229 Payne Avenue:
• Modification of the requirement ihat vehicular access to outdoor auto sales be at least 60 ft.
from the intersection of any two streets.
� Modification of the minimum iot si� requirement.
The purpose of the lot size requitement is to ensure that aii activities refated to the auto sales
and auto speciaity business has suffi�ient room to occur entirely on the site. Auto sales on
sma{I parcels frequently create probfems for surrounding properties. Modification of these
requiremen#s is not consistent with reasonabte enjoyment of adjacent property, wi{4 impair the
intent and purpose of the cond'+tions, and is+ncansistent with the heatth, morals, and general
welfare of the community.
STAFF RECOMMENDATION: Based on the above findings, staff recommends denial of the
Conditionai Use Permit for outdoor used car sales and a car cleaning and detailing business.
�
CONDITIONAL USE PERMIT APPLICATION
Departnzent of Planning and Economic DeveLopment
• ZoxingSection
I400 City HaZ! Annea:
25 West Fourth Street
Saint Pau1, MN SSIO2-1634
(65I) 266-6589
APPLICANT
PROPERTY
LOCATiON
Address �� y.Ci l�d��l": •
City St. �Zip �_Daytime Phone (/1�� d� �v4
Name of Owner (� different)
Contact Person (ifi different) Phone
Address / Location
Legal
Current
(attach additional sheet if necessary)
TYPE OF PERMIT: Application is hereby made for a Conditional Use Permit under provisions of
Chapter . Section , Paragreph of the Zoning Code.
SUPPORTING INFORMATION: Explain how the use will meet atl of the applicable standards and condit4ons.
If you are requesting modification of any special conditions or standards for a conditional use, explain why
fhe modification is needed and how it meets the requirements for modification of special conditions in
Section 61.502 of Yhe Zoning Code. Attach additional sheets if necessary.
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city of saint paul
planning commission resolution
file number 05-73
date July 15� 2005
WHEREAS, Rase Automotive Inc., File # 05-117-785, has appfied for a Conditiona( Use Permit for
auto detailing and auto sales under the provisions of §65.704, §65.706, §61.501 and §61.502 of the
Saint Paul Legislative Code, for the property located at 1229 Payne Avenue, Parcel identification
Number (PIN) 20-29-22-43-0093 legally described as JOSEPH R. WEIDE'S 2ND ADDITION TO THE
CITY OF ST. PAUL LOTS 7 THRU LOT 10 BLK 1; and
WHEREAS, the Zoning Committee of the Planning Commission, on July 7, 2005, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said
appiication in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the pubiic hearing as substantially reflected in the,minutes, made the following findings
of fact:
2.
3.
In 1998, a Speciai Condition Use Permit for outdoor used car sales and a car cleaning and
detai{ing business was approved for this property. A condition attached to this permit limited the
number of cars for safe on the lot to 8, with 14 tofai cars outdoors permitted on the property at
any given time, The f+nal cond+tion was that the permit would be reviewed by the Planning
Commission three years after the date of issuance to evaluate whefher the conditions of the
permit where met and to determine whether the permit should be valid for an indefinite period of
time or whether fhe Planning Commission shouid impose a terrnination date.
In 2002, when the permit was reviewed, the business was complying with the conditions of the
previous permit. At that time, the owner requested that the number of cars permitted for sale be
increased from 8 to 92. The Planning Commission approved the conditional use permit for auto
detailing and expansion of auto sales 12 cars.
Recently, LIEP has responded to three complaints against Rase Automotive. in April 2005, LIEP
found that there were more cars on fhe lot than was allowed in the 2002 Conditional Use Permit.
In addition, LIEP noted that there also seemed to be a tow truck business operating at this
address. On June 2, 2005, a report was filed stating that cars were parked in the back, tow'trucks
were towing ilfegafiy, and cars were "flowing" into the alley. One day later, another complaint was
made about glass in the afley from the wrecked cars.
moved by Morton
seconded by
in favor Unanimous
� against
Zoning File OS-i77-785
Planning Commission Resolution
Page 2
4. §65.704 requires auto specialty stores to meet the standards outlined in §65.703:
(a) The construction and maintenance of all driveways, curbs, sidewatks, pump islands or other
facilities sha/l be in accordance wifh current city specification. Such spec�cations sha/l be
developed by the planning adminisfrafor, traffic engineer and city fire marshal, and shall be
approved by the planning commission, and filed wifh the city clerk. This condition is not met.
See findings 5(b) and 7.
(b) A fen-foot buffer area with screen planting and an obscu�ing wall or fence sha11 be required
along any properfy line adjoining an existing residence or residentiaUy zoned area. This
condifion does nof apply. There is no adjoining residentiaffy zoned properFy.
(c) The minimum lot area shall be fifteen fhousand (95,000) square feef, and so arranged that
ampie space is available for motor vehicles which are required to wait . ...This condition is
not mef. The tofa( tof area for the property (ocated at 1229 Payne is 9,460 square feef. See
frndings 5(d} and 7.
5. §65.706 lists five standards that all outdoor auto sales and rental uses must satisfy:
(a) The lot or area sha/! be provided with a permanent durable and dustless surface, and shall
be graded and drained so as to dispose of all surface water accumulated within the area.
This condition is met. The lot is graded and paved with asphalt.
(b) Vehicular access fo the outdoor sa/es area sha/! be at least sixty (60) feet from the
intersection of any (2) streets. 7his condition is partly met. 1229 Payne is located at the
intersection of Payne and Hawthorne. The entrance off of Payne is at least sixty feet from the
infersection, buf access ofF of Hawfhorne is less than sixfy feet.
(c) No repair or refrnishing shall be done on the lot unless conducfed wifhin a completely
enclosed bui(ding. The appiicant agrees to comply with this condifion.
(d) The minimum lot area shal! be ftfteen thousand (15,000) square feet. A site plan shafl be
submiffed showing the layout of the vehicles for sale or rent, employee parking, and
customer parking. This condition is not met. The parcei size was reduced from 11,000 sq. ft.
down fo 9,460 sq. ff. in 2005. The applicant has submitted a.drawing which shows five
parking spaces on Payne, three on Hawfhorne, one next to tfie buitding and seven in back
for a totat of 16 spots
(e) In the case of pawnbrokers. ...These conditions do not app(y.
6. §61.501 lists five standards that ail conditionai uses must satisfy:
(a) The extent, location and intensity of the use wiU be in substantiat compliance with the Sainf
Paul Comprehensive Plan and any applicable subarea plans which were approved by the city
counciL This condition is not met. The applicant is applying for a Conditional Use Permit to
continue with fhe same use under different ownership, as required by one of the conditions of
the 1998 and 2002 Speciaf Condition Use Permits, The applicant states that the fijpe of
business wilt nof change, and the infensity of use wit( stay the same. The Land Use Chapter
of the Comprehensive Pian encoarages neighborhood commerciai strips to retain a mix of
uses and a pedestrian-oriertted des+gn (Land Use Plart 1.2). This use is not pedestrian
oriented and does not fiY with areas mix of commercia! uses.
��
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Zoning File 05-117-785
Planning Commission Resolution
• Page 3
(b) The use wi!( provide adequate ingress and egress fo minimize fra�c congesfion in the public
streets. This condition is not met. There are two points of ingress and egress on this property, a
main enfrance off of Payne and a side entrance on Hawthorne. The Hawthorne entrance is too
ciose to the infersection and is not adequate to minimize traffic congestion.
(c) The use will not be detrimenta! to fhe existing character of the deve/opment in the immediate
neighborhood or endanger the public health, safety and genera/ welfare. This condition is not
met. The conditions outlined in the 1998 and 2002 Special Condition Use permifs have not
been met, and the use has become detrimental to the exisfing cfiaracter of development in
fhe neighborhood and endangers fhe public heaith, safety and general weffare.
(d) The use wili not impede the normai and orderly development and improvement of the
surrounding property for uses permitted in the district. This condition is not met. An auto
related business at this site wouid impede the existing character of deve{opment in the
neighborhood.
{eJ The use sha/!, in al/ other respecfs, conform fo the applicable regu/ations of fhe disfrict in
which it rs located. This condition is not met. The lot area, and entrance off of Hawthorne do
nof compiy with City regulations.
7. §61.502 states that the p/anning commission, after pub(ic hearing, may modify any or a!! specia(
conditions, when strict application of such special conditions would unreasonab/ylimit or p�event
othenvise lawful use of a piece of properfy or an existing structure and wou/d resu/t in exceptiona!
undue hardship to the owner of such p�operfy o� structure; provided, that such modification will
not impair the intent and purpose of such specia/ condition and is consistent with health, morals
� and genera! welfare of the community and is consistent with reasonable enjoyment of adjacent
property. Modification of the following two requiremants is required prior to approval of a
Conditional Use Permit for 1229 Payne Avenue:
1. Modification of the requirement which requires that vehicular access to outdoor auto sales be
at least 60 ft. from the intersection of any two streets.
2. Modification of the mi�imum lot size requirement.
Strict application of these conditions woufd not unreasonabiy limit or prevent othenvise lawful
use of the property and would not result in exceptionaf undue hardship to the owner. The
modifications are not consistent with reasonable enjoymenf of adjacent property, will impair
the intent and purpose of the conditions, and are inconsistent with the health, morals, and
generai welfare of the community.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Pauf Planning Commission, under the authority
of the Cify's Legisfative Code, thaf the application of Rase Automotive for a Conditionai Use Permit for
auto detailing and auto sales on property located at 1229 Payne Avenue is hereby denied.
r
C{TY OF SAINT PAUL, MINNESOTA
CONDiT10NAl USE PERMIT
�[�ING F(LE NO:
APPLICANT:
PURPOSE:
LOCATION:
LEGAL DESCRIPTION:
ZONING COMMI7TEE ACTION:
PLANNING COMMISSION ACTION:
o2-�t2asss
Bemard Snaza
Condifional Use Permit under the provision
Legislative Code, for renewat of conditional
ezpanding. auto sates from 8 cars to t 2.
1229 Pay�e Avenue
��-���
s of §60.544{1) of the Saint Paul
use permit ior auto detailing and
(PIN) 20-29-22-43-0093, legally described as Lots 7 through 10, B(ock 1, Joseph
R. Weide's 2nd Addition; and .....
Approval with condition.
Approval with condition.
CONDITIONS OF THtS PERMIT:
1. The property shail be used in substantia! agreemenf with the site plan dated 12/21/98 and updated 5/8/02, or with
such revisions as are approved by city staff in.LiEP.
2. The applicant shali have na more than tweive cars for sale on the lot and no more than a tota! of sixteen cars
outdoors on the property at any time.
3. No repair or refiinishing shalf be dane on the properly unless.it is conducted within the buiiding.
4. "fhe business shall not be open later than 9:00 p.m.
5. At such time as there is a new owner or operator of this business, a new permit shail be required.
PROVED BY: Giadys Morton, Commission Chairperson
the undersigned Sectetary To the Zoning Committes of the Pianning Commission for City of Saint Paui, Minnesota, do
hereby certify that i have compared the fioregoing copy with the original record in my office; and find the same to be a true
and cottecf copy of said original and of the whoie thereof, as b.ased on minutes of fhe Saint Paui P(anning Commission
meeting hefd on May 24, 2D02, and on record in ihe Saint Paul Planning Office, 25 West Fourth Streef, Saint Paul,
Minnesota.
This permit wi31 expire one year from the date pf approvai 'rf the use herein permitted is not estabiished.
The decision to grantthis permit bythe Planning Commission is an administrative action subjectto appeal to the City Councii.
Anyone afiected by this action may appeai this cSecision by fifing the appropriaie application and fee at Yhe Zoning Office,
1440 City Haff Annex, 25 W est Fourth Street. Any such appeai must be filed within i5 calendar days of.the mailing date
nated betow. �
Vio3ation of the_conditions of this permit may result in its revocaYion.
��n �+ �'�Iltsa�» oa�,� �
Caroi A. Martineau
Seoretaryto the Saint Paui
Zoning Committee
Copies to:
�
Applicant
F{Ve No.
Zoning Adminisirator
license Inspector
District Councii
8emard Snaza
02-120-638
Wendy Lane
Christine Rozek
5
Maited: 6/3/02
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Zoning File # 06-067-069
Page 3
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April 21, 2006
Hawthorne frontage of site
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CITiZEN ?RRTIC?PfCTiO D?5T�2rCTS
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CFTI�E�i PARTICIPATIQh( PLAEdNIN6 DISTRICTS
1.S.U(vRAY=BATrtLECR�EK�HI6HW006 -
2.6RE3kTER EAST SIBt
3.WEST SIDE
� DAYTON'S SLUFF _ -
5. YNE-PN�LEN,
6. NORTH EN�D '
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13.MERRIAM FK.-lEk1�k�T�N NAMLiNE
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FILE � O �� DATE / � �� � `� v �1.1Z� sub;'ci prope„Y
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•
John Hardwick -1333 Dale Street North
Page i of 1
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From: <vikikane�a,usfamily.neU
To: <ohn.hardwick�a,ci.stpaul.mn.us>
Date: 5/21/2006 11:36 AM
Subject: 1333 Dale StreetNorth
Mr. Hardwick,
I hope the appeals a�e not granted. This is a very stupid idea on the part of the owner. The former Geng
residence is a beautiful old house and iYs looks match the other three old lovely houses on the corner. I live three
houses away on Dale and I do not want to see the character of our corner compromised by houses that do not
belong. We went though a very hard fight with Jim Dey who destroyed his green house operation and tried to put
in first a huge gas station and some other developments before the nice building that is there now. I do not
believe the owner of this property has the money to do this and I think it is ridiculous to undertake such an
expence, tell him to build h+s houses on new land in the suburbs, he can get more rent money!
Thankyou
Victoria Kane
--- USFamilvNet - $8.25/mo! -- Hi¢hsneed - $19.99/mo! ---
•
s
file://C:�Documents and Settings�IIardwic}�I,ocal Settings\Temp\GW}00401.HTM 5/22/2046
•
John Hardwick -1333 Dale Street North
Page 1 of 1
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From: <vikikane(�a,usfamily.net>
To: <john.hardwick(a�ci.stpaul.mn.us>
Date: 5121l2006 ll:36 AM
Subject: 1333 Dale StreetNorth
Mr. Hardwick,
i hope the appeais are not granted. This is a very stupid idea on the part of the owner. The former Geng
residence is a beautifui oid house and it's iooks match the other three old lovely houses on the corner. I live three
houses away on Dale and I do not want to see the character of our comer compromised by houses that do not
belong. We went though a very hard fight with Jim Dey who destroyed his green house operation and tried to put
in first a huge gas station and some other developments before the nice building that is there now. I do not
befieve the owner of this property has the money to do this and I think it is ridicuious to undertake such an
expence, tell him to build his houses on new land in the suburbs, he can get more rent money!
Thankyou
Victoria Kane
--- USFami�.Net - $8.25lmo! -� Highsroeed - $19.99lmo! ---
C�
�
file://C:�Documents and Settings\Hardwicj�I,ocal Settings\Temp\GW}00OO1.HTM 5/22/2006
Page i of i
•
John Hardwick -1333 Dale Street North
�`��� ��i�'�jG��l
a� s�f��9
From: <vikikane�usfamily.net>
To: <john.hardwick@ci.stpaul.mn.us>
Date: 5/2112006 11:36 AM
Subject: 1333 Dale Street North
Mr. Hardwick,
i hope the appeais are not granted. This is a very stupid idea on the part of the owner. The former Geng
residence is a beautiful old house and iYs looks match the other three old lovely houses on the corner. i Iive three
houses away on �ale and I do not want to see the character of our corner compromised by houses that do not
belong. We went though a very hard fight with Jim Dey who destroyed his green house operation and tried to put
in first a huge gas station and some other developments before the nice buiiding that is there now. i do not
believe the owner of this property has the money to do this and i think it is ridicutous to undertake such an
expence, tell him to build his houses on new land in the suburbs, he can get more rent money!
Thankyou
Victoria Kane
--- USFamilyNet - $8.25/mo! -- Hi s eed - $19.99/mo! ---
r�
\J
�
file://C:�Docuxnents and Settings\Hardwicj�I,ocal Settings\Temp\GW}OOOOLHTM 5(22l2006
Page i of 1
l. J. .�.�_1 /;
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John Hard -1333 Dale Street North �-� _.-��� 9
• From: <vikikane@usfamily.nef>
To: <jotm.hardwick(a�ci.stpaul.mn.us>
Date: 5121/200611:36 AM
Subject: 1333 Dale Street North
Mr. Hardwick,
I hope the appeals are not granted. This is a very stupid idea on the part of the owner. The former Geng
residence is a beautiful old house and iYs looks match the other three old lovely houses on the corner. i live three
houses away on Dale and I do not want to see the character of our corner compromised by houses that do not
belong. We went though a very hard fight with Jim Dey who destroyed his green house operation and tried to put
in first a huge gas station and some other developments before the nice Buildi�g that is there now. i do not
believe the owner of this property has the money to do this and I think it is ridiculous to undertake such an
expence, tel! him to build his houses on new land in the suburbs, he can get more rent money!
Thankyou
Victoria Kane
--- USFamily.Net - $8.25/mo! -- Highs�eed - $19.99/mo! ---
file:/iC:�Documents and Settings�Hardwicj�i,ocai Settings\Temp\GW}00OO1.HTM 5/22/2006
DEPARTMEI�TT OF PLP.�Wi ING &
ECONOMIC D£VELOPMENT
TonyScheKler,Lnfenm D�recfor
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Q
CITY OF SAINI' PAUL
Chris[opher B. Colzman, Mayor
DATE: June 19, 2006
TO: City Councilmembers
FROM: Patricia James� �
PED
25 Wes1 Four[h St�ee! Telephone. 651-2F6-6700
SaintPauT, MN55102 Facsimde. 651-228-3120
RE: Background Summary and Supplementa! lnformation for Item 37, June 21, 2406,
Council Agenda:
Appeai of Suzanne Snaza to a decision of the Planning Commission denying a
conditionai use permit for oufdoor used car sales and a car cleaning and
detailing business at 1229 Payne Avenue (Zoning File No, 06-083-624)
Backqround
In 1998 a conditionai use permif appiication from Bernard Snaza for outdoor auto sales and auto
detailing was denied. (Planning Commission Resolutian # 98-61) Later that year a revised
• permit from Mr. Snaza was approved with conditions. (Plann+ng Commission Resolution # 99-
02) One of the conditions was that the permit would be reviewed in three years.
In 2002, the Planning Commission reviewed the permit and renewed it. The renewal also
increased ihe number of cars that could be offered for sale from 8 to 12 in accordance with a
revised site pian. Modification of some of the zoning standards were aiso approved, inciuding lot
area and distance of an entrance drive from the intersection of Payne and Hawthorne. One of
the conditions the Planning Commission placed on the renewal was that a new owner(operator
would have to reappiy for a conditional use permit.
Mr. Snaza died in 2005, and the heir/new owner requested a new permit to continue the same
business. During the Planning Commisslon's review of the appiication, the Office of License,
Inspections, and Environmentai Protecfion (l1EP) received a number of complaints about a
business being operating on this property that was not in compliance with the 2002 permit. The
application for a new permit and the modifications of lot area and driveway location were denied
by fhe Planning Commission, and a subsequenf appeal to the City Council was submitted and
later withdrawn.
Current Status
ln 2006, an applicat+on identical to the one submitted in 2005 was submitted to the Planning
Gommission. Again, during this review, LIEP received complaints about auto repair acfivity
being conducted at this Iocation. The Pianning Commission again determined that the
application did not meet the standards lisfed in the zoning code and that the lot area and
driveway location standards should not be modified. The Commission denied the application on
May 5, 2006.
�
AA-ADA-EEO EMPLOYER
June 19, 2006
Memo to Cify Counci(members re Suzanne Snaza Appeal
Page 2
The applicant is appealing the Planning Commission's denial of the permit. The grounds for
appeal are that there is no other reasonabfe use for fhis property, and fhaf not having the permif
is causing financiai hardship.
Supplemenfal Information
The applicant/appellant has submitted a purchase agreement for the property at 1229 Payne
Ave. The purchaser has submitted a Ietter stating his intent to operate his business under the
same condifions as the 2002 permit. A copy of the purchase agreement, the letter from the
purchaser, and copies of al! of the resolutions having to do with Mr. Sernard Snaza's use of the
property are attached.
The City Council has three general options:
1. Uphold the Pianning Commission action and deny the appeal,
2. Grant the appeal.
3. Grant the appeal and impose the same conditions on the new owner's permit as were _
imposed in either the 1999 or 2002 resolution.
Enclosures:
1. Signed purchase agreemenf for 1229 Payne Ave.
2. Letter from purchaser.
3. Past Planning Commission resolutions 98-69, 99-02, D2-42
�
e
•
AA-ADA-EEO EMPLOYER
b���3�
Kell� & Fawce��P,A.
• A T T Q R N E Y S A T L A W
OFCOU'NSL•L.�
PilcGU/GAN & HOLLY. PLC
June ] 5, 2006
Ms. Patricia James
St. Pau1 Planrung & Econoanic Development
City Hall Annex Suite I400
25 West 4"' Sireet
St. Paul, MN 55142
RE: Suzanne Snaza CUP Appeal
Zoning F'sie No. 4b-Q67-Q69
Dear Ms. 7ames:
■ Daniel S. L,e
dan.le@kel3yzsic�sawcett.com
VTA FACSIMILE AND EMATI.
I arn wrzting you regarding the above-entitled matter on behalf ofmy client, Suzanne Snaza.
• First, thank you for takiug time out of your busy day to discuss the files on tlzese matters. The
information exchanged was extremelyhelpful and nitimatety, we are hopeful that they assist the Cify
in resolving this matter in a expeditious manner consistent with oxdinance.
Attached for the City's review are the purchase agreement and letter from the Buyer (David Mwaura)
which would transFer fhe ownership and operation of the land from Ms. Snaza upon closing (June
3Q 2006). As we discussed, this would eliminate the City's immediate concems with the way the
property is Ueing operated currently (nat an adxnission of any such mis-use by my client}.
Mr. Mwaura has operated simiIar businesses within St. Paul. By his tetter attached and dated 7une
15, 2006, i�e is familiar with how the property was used by Bernie Snaza (deceased) in conformity
wiYhtheCUFgivenandwouldadheretoalloffhoseconditions, TheCitywovldmerelyzssuaaCUP
to Mr. Mwaura fa opeiate the property in conformity with the conditzons of the CC3P previonsly
issued to Semie Snaza and set aside the Commission's current recommendation for denial without
fnrther hearingJfindings. Again, we believe ihis fo be a direct and expeditious way to resolve the
cunent issues existing between the City and my client.
Additionally, it was discussed that a potential condition on the exisfing CUP (initially given to
Beznie Snaza and subsequently renewed in 2Qd2} was that the CUP would be personat and not run
with the land. Upon review of a11 tha file documents, fhe CIJP's language daes not make that
requirement (which is consistentwith theordinance and case law appiicationbythe 1VIinnesota Court
•
444 CEDAl2 STREET, SUITE 235a • SA31VT PAUL,I4IINNESflTA 55101
TELEPHONE 652-22437SI • FACSA4IILE 65I-223-8019
mvw.keLlyand Cawcett.com
Ms. Patricia James
7une 16, 2d06
Page 2 of 2
ofAppeals}. Minn.Stat. §4623545, Subd. 3(20�5); North Pointe Plaza v_ City ofRochester_. 457
N.W2d 398, 401-2 (Minn.App.1990), see Chan Lam et aI. v_ Citvo£St. Paul, N. W. 2d-2DD6 WL
1461d83 Z, 3{Minn. App. 2006). Alternatively, we would be opposad with such a condition being
set as it is contradictory to the language of the ordinance and state statute cited above.
No information lies withi� ihe file to show_that tlie existing CUP had been revoked by the City prior
to this current appeal. Again, these facts woutd support a similaz resolution to the one above by
permitti.ng Ms. Snaza to witIidraw the current appeai and proceed with closing with the City's
understanding that fihe existing CtJP would transfer to Mr. Mwaura witfi fhe same conditions
previonsly set when it was originally issued to Bernie Snaza.
In closing, please ensure that this new infonnation is presented to the City Council so that timely and
costty litigatzon may be avoided. At this point, she would propose the following options:
1. Withdraw the Appeal based on the fact that there is atready an existiag CUP. The CITP wiIl
be transferred with the Cify's appraval to fhe new owner at a later date, or
�
2. Move forward cvith tiie appeal advising the City Councii of the existing CUP and ofthe new .
buyer, and ask the City Council how they would Like to resolve this matter.
I appreciate your courtesies and look forward ta hearing fzom you or someone at tl�e City by the and
ofMonday, 7une 19, ZOQ6, as to how you wish to proceed. Thank you again far your tiase.
cc: Ms. Suzanne Snaza
Peter Warner, Esquire
ettcl: Purchase Agreement
Letter of I?avid Mwaura
.
444 CEDAR STREET, SLIIT'E 235Q e SAINT' PAUL, iYIIl`+"NESOTA 55101
TELEYHONE 651-224-3781 + FACSINIII�E 651-223-8019
Respectfully yours,
JUN 10:20 AL9 JH CRLLHHHN 6p14J9bJtl4 r.nc
D (� � (� 3�i
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1 a whUm it may concem
Juae 15, 2006
] I)pvid MwaurA, Yhe praspective buyee of 2229 payne ave, do hereby agree
Tn ahide by a conditionai use permit issued by the City of St Paul for said property,
X azrt fuliy aware of thc canditions under which fhe former owner had.
Ra ectfully
.�—�'._..
17avid Mwaura
16ti0 E I,arpenteur
3t PauT, AiJn
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s(tuated lrt iha
the euyat Lgrers y Irtxhe Ilowlhp m0nner:
, casfi, on �1�'�� �� , iYre a�ka ot
tlnsing end the 6elance nf $��5.l�lTO `� by flnandng as shown oq the a[tsched addendum.
1. DElUjMARKL�TA9�E TI7L8; 9ubject to performance 6y ihe 0uyar, [he Selfer agreas to execute and dnllver a
4Yntranry �ead convey(ng mafkata6le title to said premises subJcc[ onty ta the Foliowing exceptlons:
(g) Buttdlog dnd xoNng lawn, �rdlnances, Scate and Faderal regulatlons. (b) Restricdons relaqng to use or improvement aF E.he pramfses
wlittovt e�rCCk{ye {piq�tturc provla7on. {cj Reservetlan oE any minerais 9r min�rnt rlgh;g }a ihe s4zte 44 Pi�� t�) tSCyttty an� dr�;ra��
�ecnmsnts whlth dp nnt interfere wlth presentlmprpyements. (e} Rights af tenants as fo�fows: �6�/ ( ,
2. FkEAL 151'ATt TAX2S. Real estate [sxes due and payable !n the �ear o! ciosing shall be prorated detween Selter and Buyer pn e ta{ender
yaBr basls ca the nRUal date of closkng unless otherwlse provlded irr Chia Agreemene. Reaf esfate taxes pttyablt ln the v��s Rdor to t#oslqg
ahbll be pald by 5eller. Reat esta[e taxes payable !n the years subsequenS ta ciosing shaEl 3�e pald by Buyer,
3. &FECYAL RS9ESSMENTS, [5trike ou[ one.7 �����
$HAt� PAY an the dake oE c4flstng a!R insWl�ments of spectat assessments cartifled lar payment wlzh the reai estate taxea due and payahC»
ln iht year oY ciosing.
j5ftfk8 oLL4 Dne.] (SELI.ER SHqLLRAY ON DA7E OF GL4SIt�lG SI! o[her gpeclal asseSSmanke levied aa af
the tlate oP thFS Agraemant.
LSYrfke aut one.� JSELLER SHAL! PROVSBE P�R PAYAiENT 4F special assessments pandlnp 85 pf tFa
daC¢ pt thls AgreemeaR far improvements [hat have 6een ardered by Ihe Clcy Counctl or otht� gaveramenta� assessing BUttioHtles,
(5olter's prqvlslon For paymank shalt be by payrnenE Into escrow oF i��� tlmes [he estlmsted amaunt of che assessments.)
1( a sReUal assessmenc b�camea pending aRar che da[e of Ch(s AgteemenT and bet4ra tha dake of cfa6tng, Buyer may, at 8uyer's
opt3an; (a} Assume payment of the pend(ng spaclal assessment wiehout ad)ustment {o the purchasa prlce; ar {b} Require Safter to
pay khe pandtng apecla! assessment (ar escruw for paymeni of same a s❑m equal to U�? times the projcrked pending assesama�e!)
Hnd Buyer shnit pay a cnmmens�rate intrease tn Che purchase prlce vt Che property, whlch Increaae shall be the same gs tlee e5[IrtttfYad
amouat nf cht assessment; or {c3 Qecfare thls A}reamenc nu4( and vai6 by notica to Seller, and enrntat mortey sha➢ be refundad tu Suya1;
Selier shai! pay on daee of cfosing any deferred rea! estate [axeg pr speclat assessmanks Peymant of r�htch is reqWred as a raauit of the
tfosinp Qf thls sa1e, _
Q• PRORATIOHS. AIt Items cu5tarr�arlty prara[ed and ad}usted in connection w�th the clasing af ihe sa�e of �hs pwperty hernIn Inc{Ud}np but
noi Vimitad to rents, aperating eKpenses, tncerest oa any debt assumed by Buy�r, shaH he prarateG es a! the datC oP cfoaing. It ehAki be
ssaUmed thaC the $uyet' Wltl nwn the proQerCy far the en[Ire date oF [he closing.
5, bA7d/�GES T£f RSAL PftORlRTY. ]t thfre is any 1o55 or demage [o the property between Cha dat� het'tOt and ihe Qatc of c{asEnq, fnr kny
fa9aon, kha rlsk pf loss shaq be o❑ the Seller. if the property is destroyed or su6stan[latfy damaged bafare Lhe pibs�ng, this Pur¢hase
Agreament shalt bewme nuil end vold, ax Buyer's op[lon- Buyet shal! have the right to ttcm�n�te [hls Purx.fiese Agrasment wtthlnf��,days
ar Seticr aotlfles Buyer of sac6 damage. Upon said terminatl¢n, Ehe eamest money shall be refunded to 8uyer nnd BuVer and 5aliar
en m slgn a cancellaYlon ot Purthese Agreemenc.
b (� � (� � �1
CQM hl ERCIAL-IN DUSTRIAL
PURCHA6E A6REEMENT
7his lorm apprQVSd by ihe Minneso[a Associatlon o1
REALTORS�, whtch dlscl¢ims sny llabllity
arlsfng ut oi a a or mtauss et thts form,
�J1499, Mlnnesota �}5�1���REALTaRS�, Edlna, MN.
� L�
Da[e
of Mlnnesota, and legal!y descri6ed as tnliows;
has this day so�d to t�� Buyer for tha sum
� 5tl .anD ' ° . ,,,,, .
MNC[;PA•1 (il/93)
as earnest maney and In patT paymenY far the purchesC o} prapetiy
heck tash or note - sCate whlch) � � � _ _
,,.s�. i-.—<000 m..i.ar rr� .an �n��+rranrv
bJS4.'IJVJ�yb4
r_e4
Cal41MERCIAL-Zl1iDUSTRtAL
Pt1RCFiASE AL'iREEMENT
AddrCSs
Page 2
�, fXAMIt�ATiON QP TTTLE. Wlifiin e reasona6te tlme after acceptance af thts Rgreemene, Selier shail Purnish Buynr wlth an Abstrsct
of Title or 8 Regis[ered Praperfy AEstracS certlRed [u daie inclutling proper searches covering 4ankruptcies and State and fedaral
}ndgmenu, t[ens, and levled and pnnding spedal assessments. Buyer snal! nava 20 buafness days after mceipt ot th� AbstraC uF TftJa nr
Repls[ered P�opartY Apstra[t sV[her ca have euyer's xttorney exam�np che t(cit and previde Seller with wrltten objactt�ns or, at Buyer`s
nwn expan�e, iQ make an app11[ation tor a titte insu2nce potity and nodiy 5oiler Qf the apyIl�ati¢rt, 8vyxr sitaE! havc 10 businrss days
afYer recelpt of the tammltment tor sitie Insurance to provide Saller with e copy af the commitrfeent and wrtttan abjettlona. Suyar shail be
dsemad tv �+ava waFUed any [ltla ab�tct}ons nQt made wichin ihe applicab3e 20 day periad se[ forth ahove, axcap[ Lhat ihla shatl noT
operace ss a wetver vf Shcer's cayenant Sn dtllver a warrency Deed, �nless n Warranty Deed Is not specltleef sbovr. Ii any objecklon Fs sa
mnde, Seil�� shat( have IQ 6uslness days from recelp[ of Huyer's wrft[en ti[te o�JeU4orss [a not)fy 8uyer at Seller'SlnCSrtUon tn make tltJe
markeke6lE wfCAln 124 days tr❑m Selfer's rece"tpi af such wrltten objection. If notice Is gkvtn, p8ymenCS hereundar requlred shall be
postponed pendb3p correctlan nf [Iile, but vpnn cnrrectinn of tltle and wi[hin zo rfaYS aftsr wNMen notica Ya Buyar [he panles shnll
¢er7aitri thls Purchase Ayreement actording tn Its terms. If no such noFice is given or If nadce Is given 6ut tltlr is nat corracted vrRhln Che
time provlded for, this Purchsse Agreement shalt be null and vp1d, at optian ai Buyer; neitheY party sha4t ba Ifnble for dameges hereunder
to the a[har and eamest mnrtey shatl Se refunded to euyer; 8uyer and Seller agree to s4gn [ancetlallon of Purchase Agreampnt. !P tiYle
Yo Ihe pruperiy 6e fountl marketablt or be sa made wlthln sa3d tlme, and Buyer shatl defaalC !a any of tho agreomanEs end rontlnue in
defau�t fOr 8 perlod of 10 dflys, then and in thet case the Seller may terminate ihis contratt and an sttah ternttnetlon ail Cha payrrtanta
meda upon thls contrbct xha14 be retaVned by Seller as hqaidated damages, dme being of the essencs. Thls prnvlslon shall not deAhve
ei[hffir paKy of tha right to anforce [he spedfi[ performance o! thls cnnt2c[ provlded [hts cantract has nnt been CettttlpBted and provldtd
6cC1oR to Bnforce &uch spacFfec perfom+anca sha!{ he cammemtet! wlthtn six mQnths after such rlghC et actlon sha➢ ar)se.
. D6$SBSSION. Setler shell dtt3Ver posses5lon of Che praperty an the date a( Gcstng.
i. R�PR�'Si�H7ATIONS AND WARNAN'ITES. See aCLaChed 3ddend�m.
�, TZ�1f T8 47° T}IR E&SENCE F'AR ALL PHOV151OH5 OF TltYS Ct7NTRACT.
Q. Y+tltL DxSCGOSLRB S7FTEMpNT. Buyer hes recelved the we{� disclosure statement requlred by MYnnesnia SCatutes Sec- 5031.235.
BUYEiI ANSI $ELLER xNITTAL: Buyer(a} Saller(sJ
1. A6nENDA. Attached are (nurnber) _ addenda whtch are made a Rart af thCs Agreement.
2. HISCLLLAN$4US PROYZSSQNS�
(a} Surviva6 Alt of the warranties, repraserstatlons, anC covenants of thls ngreement ehafi survive and be enforcea6le aRer ihe dosing.
(b) Entlre Agream:nt; MudlTltaHon. Tbls A9reement consUtutes khe comp4tce agreement between tha park{eq end superstdes any
prtnr arat or wtltten eqrcemenGS bCCween the psrties re9arciing [na praper*y. 7hera arc no verbat ggreemen[s tl1Hi thenge Chka
Apraetnent znd nn WHlver oF any af Its term5 wlll be e€fective unless, tn a wr{tlng executed bY the par[Its.
(c) Buetft�on attd Raslgna. If Lhis Agreement is asstgned, all provlslons nf this Aqrtemen[ sfiali 6e 6lndtng an succesnats and assigns.
3. ACCCpI'ANC� DlpDIYHE. This offer ta pcerchas8, unlass accepted sooner, shall be nufl and vo1G at 11:59 P,M.
, , and in such even[ all ear�est maney sball be reCunEed [a 6uyec
IhGe�+tl
(A74M7
iCCinppoy kemG)
{CamD�ny fQfm�)
Represents
7HI8 T� A LEGAS.LY BSNQIt�IG CONTRACT. TF NOT llNDERSTODB, SEE!{ CoMPET�A[t ADYtCE,
_ _. . --
Jatedi �I+'/ � ( i✓ d.j
i�tiL ��1�
Dated:
$UYER
��
�
•
�
dNCI:PA-2 (ii/93)
l�.t� /uw`�'�'k
./r1 l-MLLH�'INIY
6�14�J1pJYJ4
�' . t�l J
(� (� - (� 3�1
�
ADDENDUM
r 1
LJ
A. Selier evidence of 600d flnd su�cient title and aulhority to enter inta a purch�zse
agreement
B. F�iyyer abili4y to secure al} huil�ing and qperating permits, and any and all other
governmentaf npprovats necessary for ihe operation n1'buyers business,
C. Buyer's �bility to securc clie necessury finrancing to fund this purchase.
L�_ .Liuyers review tind approval of soils, environmental survey to be provided �st
-��/se(ters cosk.
�. I3uyers review und approval of al! plrysicai components oPsite and or all buitdings
IoC9tec3 on site at buyers cosl,
I3uyer shalt at its option have 6Q cfays tQ sa[isfy itseif oF the oorrc�iYians autlined
pbave, in the event the buyer moves to en enrlier ctosing ,it shatl nntify setleY of
sai�c.
I/We accept the ahove and atiached oFfer under tha terms and conditi4ns autlined herein.
SELLER
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BUYGR ...
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, , , h� iR18 Plclvr$ Prtntaut
Locatlan: MN - Rsmsey County, MinneaotA -
Dca�rlptinn: Qv��/7888 - STREE7 YlEW , REMAP .
.,. �, Addtess: '1228 PAYNE AVE ST PAUG •
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�' iRl3 Individusi Record prinWut
Lacatton: MN — Ramsey Ceunty, Minnesotn
� � Dutshase: Property
- Adcress: 122$ PAYNE AVE S7 FAUL
Parcetlp Numbsr 202822439p93
Proporty ABdraia
���P��Y Streal NLm6er
Prnpefty Straet Nema
Property 8treet Tqpe
Properiy Streal Llir
Property Unit Numher
Prvperty Cliy
Ptopertq Zip Cnde
122g
PAYNE
AVE
SAINT PAUL
56401-3549
Property DeYe(Is
Claes
U8B DBSC
SUb Uaa Dssc
Dlapley
8qlsr informnqnn
[Maaf RacentBalaj
Sale Dat� [YYWMMpp]
S&4e Pric:e
La�a( Descriptlan
Plat DescripUon
alock
Lat
wnar NnmelAddmaa
sry Dvmer [L�at Flre
rimary Ovmer Name 1
Fr{m�ry Ownnr N�me Z
Prirttary pwraerAddress
Primary Ownsr Addrsss
Primary Owner CVfy
Primary Dwnar State
Primery OwnerZip 5
�eY. Market Velua
Eat Totul V/atue
EsE. Esnd Value
Eat. Bldg Vetua
Hwneatdad PIX
Locsl 7ax
9uilding inio
Year Bu'stt
Stodse
Bullding TypO
E�tterior Wall
Llntts
Fatal Rooms
Totel Fsmily €tooma
Total6edr�ma
Full Beths
Heif Ba[hs
HeatType
•
P33
COMMERCIAL
COMM LAND & BLDGS
C
19958161
86ofl0
JOSEPH R. WEIDE'S 2N
DAVED90N, JIMMY W
JEMMY W 4AVIpSON
iGIR{N 6 E DAVt�S6iV
8880 UPPEF2 AFTON Rb
WOOC7BURY
MN
55125
16880q
azaoa
128404
0
�4376.71
Fuel Type
Tota! Area
Adjusted Area
Ground Ffoor Area
Phons tJama
Phone Number
b (�'C�� I
BERNIES p�COFES3IONAL CAR
Ct,EAt1UP
651-772-0281
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JUN d5:15 NM JM LHLLHHHN b�14J�b5b4 r.na
� ri� IRIS iNap printout
Lacation: Mh! � Remsey County, M{nnesoYs
Nlap 3csle: 0.10 mi(es
_ w Addtess: 7229 PAYNE AVE ST PAUL
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city ot saint paul
planning commissior� resol�ation
file number oZ-4z
dC�ie May 24, 2002 �
WHEREAS, BERNARD SNAZA, File #02-120-636, has applied for a Conditional Use Permit
under the provisions of §60.544(1) of the Saint Paul Legislative Code, for renewal of conditional
use permit for auto detailing and expanding aufo sales from 8 cars to 12 on property located at
1229 Payne Avenue, Parcei Identification Number (PIN) 20-29-22-43-0093, legally described as
Lots 7 through 90, Block 1, Joseph R. Weide's 2nd Addition; and
WHEREAS, the Zoning Committee of fhe Alanning Commission, on May 16, 2002, he(d 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 fhe Saint Pauf �eg'rslafive Code;
and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its
Zoning Committee at the pubiic hearing as substantially reflected in the minutes, made fhe -
follow'rng findings of facf:
• 1• !n 1998 the applicant received a Conditionai Use Permit for outdoor used car sales and
a car cleaning and detailing business at this location. Conditions attached to this permit
included a limit of 8 cars for sale on the fot and a fimit of 14 total cars outdoors on the
property at any time. The final condition was that the permit be reviewed by the
Planning Commission fhree years from the date of its issuance to evaluate whether the
conditions of the permit are being observed and to determine whether the permit shaii
be valid for an indefinite period or whether the Plannrng Commission shoutd impose a
termination date.
2. In addition to requesting that the permit be continued indefinitely, the applicant is
requesting that the number of cars for sale permitted on the lot be increased from 8 to
12.
3. 7he parking requiremenf for fhe existing use is 8 spaces. Adding 4 additional cars for
sale would not increase the required number of spaces. However, at this time, in
accordance with the previous permit, ffie app(icant is providing only 6 spaces. (He has a
limit of 14 cars oufdoors on the lot at any one time. By reconfiguring the parking behind
(west of} the building for compact cars, 6 cars can be accommodated there, and a total
moved by Field
seconded by
in favor Unanimous
� against
Zoning File #OZ-12Q-636
Planning Commission Resolution
Page 2
of 16 cars can be accommodated on the lot. Ten cars could then be offered for sale
while keeping the existing 6 off-street parking spaces. The limit on the number of cars
that can be outdoors at any one time would need to be increased to 16. If 12 cars are to
be offered for sale, the number of off-street parking spaces would be reduced to 4. 7he
applicant states thaf he is the sole employee and that vehicles brought in for detailing
are scheduled by appointment oniy and are not stored oufside on the site, reducing the
need for off-street parking.
�
4. The conditions of the previous permit and findings as to whether the applicant is
meeting them are as follows:
a. The property shall be used in substantial agreement with the site plan dated
92/29/98, or with such revisions as are approved by city staff in LIEP. The
appfieant is meeting this condition.
b. The applicanf shall have no more than eight cars for sale on the lot and no more
than a total of fourteen cars outdoors on fhe property af any fime. This condition
was met at the time of fhe staff visit. No complaints or violations are on record
with LIEP, indicating no problems with consistently meeting this condition.
c. The applicant shall insta!! cu�bs or curb stops that p�event vehicles f�om
overhanging the public sidewalks. The applicant has met this condition. •
d. No repair or refinishing sha// be done on the property unless iYs conducted
withing fhe building. This condition appears to be met. No complaints or
vioiations are on record with LIEP.
e. The business shall not be open later than 9:00 p.m. This condition appears to
be met.
NOW, THEREFORE, BE IT RESOLVED, by th.e Sainf Paul Pianning Commission, under the
authority of the City's Legisiative Code, that the application of BERNARD SNAZA for a
Conditional Use Permif for auto detailing and auto sates at 1228 Payne Avenue, is hereby
approved subjecf fo the following conditions: .
'1. The property shail be used in substantial agreement with fhe site plan dated 12/21/98
and updated 5f8/02, or with such revisions as are approved by city staff in LIEP.
2. The app4icant shall have no more than twefve cars for sale on the lot and no more than
a fotal of sixteen cars oufdoors on fhe property at any time.
3. No repair or refinishing shall be done on the property un{ess it is conducted within the
building.
4. The business sha(i not be open later fhan 9:00 p.m.
5. At such time as there is a new owner or operator of this business, a new permit shall be
required.
•
D(�����y
• city of saint paui
piar�n�ng comm�ssion resolution
file n�mber 99-02
ZJC[`C.; Japiiarv R. 1949
WHEREAS, BERNARD SNAZA, file # 98-317, has applied for a Special Condition Use
Permif to aliow outdoor used car sales and a car cieaning and detailing business at
1229 PAYNE AVENUE situated in a B-3 zone af the southwesf corner of Payne Avenue
and E. Hawthorne Avenue;
WHEREAS, fhe Zoning Committee of the Planning Commission on 12/29/1998, held a
pubiic hearing at which ali persons present were given an opportunity to be heard
pursuant to said application in accordance with the requirements of 5ection 64.400 of
the Saint Paui Legislative Code; and
WHEREA�, Saint Paul Planning Commission, based on the evidence presenfed to its
�or�ing Commitfee at the pubiic hearing as substantialiy reflected in the minutes, made
tiie foliowing findings of fact:
1. Secfion 60.544 (1} of the Zoning Code permits auto speciafty stores in a B-3
• zone subject to special conditions as regulated in the B-2 District. The Zoning
Code defines auto specialty store as "a store in fhe business of repairing or
servicing aufomobiles usually involving the installation of specific parts and the
provision of specific services, and where the retail sale of specific auto
� accessories to the pubiic on the premises may occur. Retail sale of automobile
fuel on the premises is not permitted." The special conditions listed for auto
- specia(fy stores, and fhe applicant's ability to meef them, are as follows:
a. ` The coristrircfion and maintenance of ail driveways, curbs, and other
.-. ' ,.. facilities .,,shall be in accordance with current city specifications.
This condition is substantially mef. The curb cut to Hawthorne is too
close fo the intersection and is discussed in other findings below. The
north-soutf� maneuvering lane in front of fhe business is only 14' wide and
it should be 1b'. The site lacks screen plantings from the streets, but this
is an existing condition. Most of the paving is concrete and would be quite
expensive to remove. On the site plan dated 12/29/98, the circulation
system accounts for the one-way alley. The parking spaces are standard
sizes:
rrioved by �'ield
seconded by
� in favor Unanimous
against
Zoning File #98-317
Page Two of Resolution
b. A ten-foot buffer area with screen ptanting and an obscuring wall or
fence shall be required along any property line adjoining an existing
residence,
This condition is met. The site adjoins an al(ey to the west. However the
site abuts residenfial (and uses across the alley and has paving right up to
the alley. Because there is only the space of the ailey to buffer beiween
the business and the house across the alley, it is important for the
applicant fo develop the back of the property in accordance with the
approved site plan and to keep fhe area fidy.
c, The minimum lot area sha!l be fifteen thousand (15,000) square feet,
and so arranged that ample space is availab/e for mofor vehicles
which are required to wait.
•
This condition is not met, buf it can be modified by the Planning
Commission. The lot is only 9460 sq. feet in area (10,320 sq. feet
counting haif of the alley). In fhe Mr. Snaza's previous applicafion (Z.F. #
98-208) there was clearly a lack of parking. Now he is leasing the six
parking spaces behind fhe building, which were previously leased to fhe •
health clinic fo the south. In this application he has 14 parking spaces--for
eight cars for safe and six for customers and employees, not counting the
two indoor work bays or any stacked parking. Mr. Snaza does, not need a
parking variance because of the "rule of five", which provides that when a
new use of a property requires five or fewer additional off-street parking
spaces than the previous use, the new use is exempt from providing the
additional parking spaces. The "rule of five" is a fudge factor that
facilitates commercial leasing in neighborhood business districfs that
hisforically have less parking than modern zoning requires.
2. Section 60.544 (2) of the Zoning Code permifs outdnor used car sales in a B-3
zone subjeet to special conditions. These conditions, and the applicanYs ability
to meet them, are as follows:
a. The lot or area sha!l be provided with a permanent, durabte and
dustless surface, and shall be graded and drained to dispose of al/
surface water accumulated within the area.
This condition is met.
b. Vehicular access to the outdoorsa/es area shal/ be at least sixty (60) •
feet from the intersection of any two (2J streefs.
��'���
• Zoning File #98-317
Page Three of Resolufion
This condition is not met, but it can be modified by the Planning
Commission. The access from Nawthorne is only 2Q feet from the Payne-
Hawthorne intersection. Closing fhis access would result in more
awkward circulation on site. Given the low traffic level on Hawthorne, staff
does not believe the location of the curb cuf will cause a problem.
c, No repair or finishing shal/ be done on the lot unless conducted
within a completely enclosed building,
The applicant agrees to this condition.
d, The minimum lot area shal! be fifteen thousand (15,000) square feef,
A site plan shall be submitted showing fhe layout of the vehicles for
sa/e or rent, employee parking, and customer parking,
This condition is not met, but it can be modified by the Planning
Commission. For details, see finding 1(c) above.
3. Secfion 64.300 (d) of fhe Zoning Code requires that before the planning
, commission may grant approval of a principle use subject to special conditions,
fhe commission shall find fhat the foliowing conditions are met:
a. The extent, location and intensity of the use wi/1 be in substan#ia/
compliance with the Saint Paul Comprehensive Plan and any
applicable subarea plans ivhich �vere approved by the city council.
This condition is met.
b, The use will provide adequafe ingress and egress to minimize traffic
congestion in the public streets.
Th`e site plan of 12/21/98 meets this condition.
c. The use will not be defrimental to the exisfing characfer of the
developmenf in the immediate neighborhood or endanger the public
health, safety and general wetfare.
This condition is met provided fhat the business continues ta be operated
within the (imitations listed at the end of this resolution. With only eight
cars for sale and the number of vehicies Mr. Snaza's cleaning and
• detailing business services, the proposed business will not be detrimental
to neighborhood character or endanger the public health, safety and
Zoning File #98-317
Page Four of Resolution
general welfare.
d. The use will not impede the normal and orderly development and
improvement of the surrounding properly for uses permifted in the
district. �
This condition is met. As noted in the paragraph above, the proposed use
is consistent with the normal and orderly development of fhe surrounding
neighborhood.
e, The use shall, in all otherrespecfs, conform to the applicable
regulations of the district in which it is located,
This condition is met as explained in the preceding findings.
•
4. Secfion 64.300(fl(1) provides that the Planning Gommission may modify special
conditions "...when strict appiication of such special conditions would
unreasonably limit or prevent ofherwise lawfui use of a piece of property or an
existing structure and would resuit in excepfionai undue hardship to the owner of •
such property or structure; provide, that such modification will not impair the
intent and purpose of such special condition and is consistentwith hea{th, mora{s
and general welfare of the community and is consisfent with reasonable
en}oyment of adjacent property." In this case, the Planning Commission is
modifying the two of the special condifions: (a) the minimum lof size of 15,000
square feet; and (b) the 60-foot minimum distance from the Hawthorne Ave. curb
cut to the intersecfion.
The existing buiiding and lot dimension impose certain physica{ hardships for the
reuse of this property, such as the one-way alfey, fhe position of fhe buiiding on
the [ot, the existing cur6 cuts, and the concrete paving. In addition, Mr. Snaza
has certain economic hardships, such as his lease agreement and attempting to
re-establish himself in business after an extended iliness. The lot size of 10,320
square feet (includes half fhe alley) is sufficient if the used car sales are
restricted to eight vehicles. The access poinf on E. Hawthorne Ave. fhat is onfy
20 feet ftom the intersection will not create tra�c problems because E.
HawEhorne is a low volume residential street and the proposed business is a low
tra�c generator. If the business has some limits on its volume and hours, it will
be consistent with the enjoyment of adjacent property.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that
the application of BERNARD SNAZA, Z.F. # 98-317, for a Special,Condifion Use .
Permit to allow outdoor used car sales and a car cleaning and detailing business at
VIL /� ✓�
• Zoning File #98-317
Page Five of Resolution
1229 PAYNE AVENUE on fhe southwest corner of Payne Avenue and E. Hawthorne
Avenue (more particularly described as Lof 7 thru Lot 10 Block 1 Joseph R. Weide's
2nd Addition to the City of Saint Paui) is hereby approved subject fo the foliowing
conditions:
1. The property shall be used in substantial agreement with fhe site plan
dated 12/21/98, or with such revisions as are approved by city sfaff in
LIEP.
2. The applicant shall have no more than eight cars for sale on the lot and
no more than a tofal of fourteen cars outdoors on the property at any time.
3. The applicant shall instail curbs or curb stops that prevent vehicles from
overhanging the public sidewalks.
4. No repair or refinishing shall be done on fhe property unless iYs
co�ducted within the building.
• 5. The business shall not be open later than 9:00 p.m.
6. This Special Condition Use Permit shall be reviewed by the Planning
Commission three years from the date of this permit to evaluate whether
the conditions listed above are being observed and to determine whether
this permit shaif be vafid for an indefinite period or whether the Planning
Commission should impose a termination date.
BE IT FURTHER RESOLVED, by the Saint Paul Planning Commission that Mr. Snaza's
application fee shalf be returned because this application was a modified version of his
application in July, 1998, which was denied; thus, the amount of work done by cify staff
on his second application was sim+lar to cases that are laid over in committee for further
consideration.
.
v�-���
city of saint paul
� planning commission resolution
file number 98-61
�te September 11, 1998
WI�REAS, BEFtNARD SI�TAZA, frle # 98-208, has applied for a Special Condition Use Permit under
the provisions of Section 60.544 (1)(2) of the Sainf Paul Legislafive Code, to allow outdoor used car
sales and a caz cleaning business on properfy located at 1229 PAXNE AVENUE , legally described as
the northerly 11 feet of Lot 7 and all of Lots 8 thru lO,Block 1, Joseph R. Weide's 2nd Addition; and
WF-IEREAS, the Zoning Committee of the Planning Commission on 09/03/1998, held a public hearing at
which all persons present were given an opportunity to be heazd pursuant to said application in
accordance with fhe requiremenfs of Section 64300 of the Saint Paul Legislative Code; and
WHEREAS, 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 Pact:
l. Section 60.544 (1) of the Zoning Code permits auto specialty stores in a B-3 zone subject to
special conditions as regulated in the B-2 District. The Zoning Code defines auto speciaZty store
as "a store in the business of repairing or servicing automobiles usually involving the installation
. of speciFic parts and the provision of specific services, and where the retail sale of specific auto
accessories to the public on the premises may occur. Retail sale of automobile fuel on the
premises is not permitted." The special conditions listed far auto specialty stores, and the
applicants's ability to meet them, are as follows:
a. The construction and maintenance ofall driveways, curbs, and otherfacilities. ..shall
be in accordance with current city specifieations.
This condition is not met. The Zoning Code requixes 18' deep parking spaces and 20'
wide pazking lot maneuvering lanes (a total of 38'); tha distance between the public
sidewalk along Payne Avenue and the sidewalk in front of the build'mg is only about 35
feet and, as a result, parked cars would overhang the public sidewalk. The Zoning Code
requires'9' wide pazking spaces; the applicant proposes 8' wide spaces (they could be
widened and the number of pazking spaces reduced).
The proposed sife plan shows stacked parking filling the entire azea beiween the north
side of the building and the public sidewallc aiong Hawthorne. The western spaces
would have access onlyfrom a ane-way alley (northbound from Maryland) ar cars in the
eastern spaces would likely have to be maneuvered into the public street and sidewalk to
have access to the westem spaces.
moved by Wencl
seconded by
� in favor Unanimous
against
The Zoning Code requires perimeter landscaping azound pazking lots to buffer adjacent
properties and the public right-of-way, reduce glare and heat effects, and provide for
retention and absorption of stormwater runoff. The proposed site plan shows pavement
right up to the public sidewalks, and no landscaping at all. Adding landscaping would
significantly reduce the number of cazs that could be parked on the lot.
�
c.
A tea foot buffer area �vith screen planting and an obscuring waZ1 orfence shall be
required along any property line adjoining an existing residence.
This condition is technically met; the site adjoins an alley to the west. The site abuts
residential land uses across the alley. Aowever, because the site is paved right up to the
alley and has direct access from the alley, the intent of this requirement to provide some
buffer for residential land uses is not met.
The minimum Zot area shall be fzfteen thousand (I5,000) square feet, and so arranged
that ample space is availabde for motor vehacZes which aTe required to wait,
This condition is not met. The lot is only 9460 sq. feet in azea (10,320 sq. feet counting
half of the alley), and there is not ample space for motor vehicles to wait. The site plan
shows the siz pazking spaces behind the building, paved and striped as part of a project
to pave and stripe the adjacent pazking lot serving the Family Resource Center, as not
part of the proposed new use. Without the area behind the building, the site is only 5830
sq. feet in azea.
2. Secfion 6�.544 (2) of the Zoning Code permits outdoor used car sales in a B-3 zone subject to
special conditions. These conditions, and the applicants ability to meet them are as follows:
�
r,�
c .
The Zot or area shall be provided with a permanext, durable and dustless surface, and
shall be graded and drained to dispose of al1 surface water accumalated wzthin the
area
This condition is met.
Yehicular access io the outdoar sales area shall be at least sixiy (60) feet from the
intersection bf any iwo (2) streets.
This condifion is aot met. The access from Hawthorne is only 20 feet from tke Payne-
Hawthome intersection. Closing this access would result in significantly less space on
the site for pazking cazs.
No repair or finishing shall be done on the Zat unless canducted within a completely
encZosed building.
The applicant proposes to meet this condition.
cl The minimum lot area shaZl be fzfteex thousand (I5, 000) square feeL A site pl¢tt shall
be submitted showing the Zayout of the vehicles for sale or rent, employee parking, and
customer parking.
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• This condition is not met. The lot is only 9460 sq. feet in area. Without the azea behind
the building, which the site plan indicates is nof part of the proposed use, the lot is only
5830 sq, feet in area. The sate plan does not distinguish employee and customez pazking
from vehicles for sale, and does noi show how the parking layout can meet the Zoning
Code's standards for layout and design foi such pazking facilities.
3. Section 64300 (d) of the Zoning Code requires that before the planning commission may grant
approval of a principle use sub}ect to special condifions, the commission shall fmd that the
following conditions aze met:
a. The eztent, Zocation and intensity of the use will be in subslantial compliance with the
Saint Paul Comprehensive Plan and any applicable subarea plans which were
approved by the city council.
This condition is met.
b. The use wzlt provide adequate ingress and egress to minimize traffic congestion in t�ie
public streets.
This condition is not met. The site plan does not provide ample space for maneuvering
on site, and would tend to induce maneuvering via public streets and sidewalks. The site
access from Hawthorne is only 20 feet from the Payne-Hawthorne intersection. Alley
access is from a one-way alley to Aawthome from Maryland.
• c. The use will 3zot be detrimental to the exisfing character of the deve7opment irz the
immediate neighborhood or endanger the public health, safety and general welfare.
This condition is not met. Inadequate on-site maneuvering space, cus likely to be
parked and maneuvered into public sidewalks, and site access too close to an intersection
endanger public safety. A parking lot without space to meet Zoning Code landscaping
requirements would be detrimentai to the character of the immediate neighborhood.
d. The use will not zmpede fhe normal and otderly deveZopment and improvement of tke
surroundingproperty for usespermitted in the district.
This condition is not met. For reasons noted in the pazagraph above, the use would tend
to impede lmprovement of surrounding property.
e. The use shall, in all other respects, conform to the applicable regulations of the disirict
in which it is located
This condition is not met. The proposed use does not conform to regulafions relating to
lot area, parking lot layout and landscaping, and the locafion of vehicular access.
NOW, TI�REFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the
authority of the City's Legislative Code, the application for a Spec3al Condition Use Permit to allow
outdoor used car sales and a car cleaning business at 1229 PAYNE AVE is hereby denied.
•