06-656RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
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1 WHEREAS, Chan Lam and Ha Tran, d/b/a Ha Auto Repair, applied for Second Hand
2 Dealer — Motor Vehicle and Auto Repair Garage licenses for the premises located at 1103
3 Arcade Street in Saint Paul; and
WIIEREAS the Saint Paui City Council denied the license, finding that the use was
inconsistent with §§ 60.215N and 62.106(g)of the Saint Paul Zoning Code; and
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WHEREAS, the applicant appealed the denial of the licenses to the Minnesota Court of
Appeals, which ruled that the City Council's interpretation of §§ 60.215N and 62.106(g) of the
Sainf Paul Zoning Code was in enor and reversed the denial of the license application and
remanded the matter to the City Council for fiu•ther proceedings consistent with its decision;
now, therefore, be it
RESOLVED, that the Saint Paul City Council hereby approves the issuance of a Second
Hand Dealer — Motor Vehicle and an Auto Repair Garage license for the premises located at
1103 Arcade Street, in accordance with the opinion of the Minnesota Court of Appeals in the
case of Chan Lam and Ha Tran v. City of Saint Paul, Case No. A05-1706; subject to the
following conditions:
2.
4.
The number of vehicles displayed "for sale" outdoars shall not exceed five (5),
the number of cars stacked at the rear of the properry awaiting repairs or that have
been repaired shall not exceed seven (7), as shown on the approved site plan on
file in LIEP.
Customer and employee vehicles shall not exceed five (5) and must be parked in
the area designated on the LIEP approved site plan. Customer, employee or sale
vehicles shall not be parked or stored on the street or alley. This includes cars
which have been repaired and are awaiting pick-up by their owners.
There shall be no exterior storage of vehicle parts, tires, oil or any other similar
materials associated with the business. Trash will be stored in a covered
dtunpster.
Customer, employee or sale vehicles shall not be pazked or stored on the street or
alley. This includes cars which have been repaired and are awaiting pick-up by
their owners. At no time shall vehicles be parked in the driveway or in the public
right-of-way.
5. The license holder agrees to maintain the fencing, vehicle location and vehicle
barriers in a manner consistent with the approved site plan.
6. All vehicles parked outdoors must appear to be completely assembled with no
major body parts missing.
7. Vehicle salvage is not permitted.
8. Autobody and painting are not permitted.
9. No body repau of vehicles may occur on the exterior of the lot or in the public
right-of-way. All repair work must occur within an enclosed building.
10. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
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Green Sheet # � j��� � Q�
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Customer vehicles may not be parked longer than 10 days on the premises. It
shall be the responsibility of the licettsee to ensure that any vehicle not claimed
by its owner is removed from the lot as pemutted by law.
Provide maneuvering space on the property to a11ow vehicles entering and exiting
the site to proceed forwazd.
Licensee must comply with all federal, state, and Iocal laws.
Storage of vehicle fluids, batteries, etc. shall be in accordance with Ramsey
County Hazaxdous Waste Regulations.
Licensee will be in compliance with all conditions prior to opening. A LIEP
inspector will provide written authorization to open when compliance is achieved.
The license will be reviewed for compliance with these conditions every six
months. Failure to remain in compliance will result in adverse action against the
license.
Requested by Departrnent of
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DepartrnenNoffice/council: Date Initiated:
LP — License/Inspection/Env'uonProt ,�,�N-� Green Sheet NO: 3031034
i Conqct Person 8 Phone• � ���elk SeM To Person InitiaUDate
Rachel GUnderson 0 iceose/Ins tioo/Enviroo Pro
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Must Be on Council Agenda by (Date): Number Z ; Attoroe
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Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
A resolution that approves the issuance of the Second Hand Dealer - Motor Vehicle and Auto Repair Garage licenses to Chan Lam
and Ha Tran, d/b/a Ha Auto Repair (License ID#20050000399) for the premises located at 1103 Arcade Sheet in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission t. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
i Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
� The license was initially denied by the Saint Paul City Council but the Minnesota Court of Appeals reversed the denial of the license.
�
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� Advantages If Approved:
The Ciry of Saint Paul will be in compliance with the Minnesota Court of Appeals order to issue the Second Hand Dealer - Motor
Vehicle and Auto Repair Garage licenses to Chan Lam and Ha Tran, d/b/a Ha Auto Repair at 1103 Arcade Street.
I Disadvantapes If Approved:
� None.
I
�
Disadvantages If Not Approved:
The City of Saint Paul will not be in compliance with the Miuuesota Court of Appeals order.
Total Amount of CosURevenue Budgeted:
Transaction:
Fundinasource: ActivitvNUmber: Ci0U11C1� R@S28I'C�l Ci211t2I'
Financial Information: _ JUL � O � oOC
(Explain) u
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Interdepartmental Memorandum
CTI'Y OF SA1NT PAUL
DATE: 7une 1, 2006
TO: Mayor Chris Coleman
Council President Lanhy
Councilmember Bostrom
Councilmember Benanav
Councilxnember Harris
Councilmember Thune
Councilmember Monfgomery
Councilmember Helgen
Robert Kessler, LIEP Director
Christine Rozek, Deputy LIEP Director
Wendy Lane, Zoning Manager
FROM: Rachel Gunderson
Assistant City Attorney
RE: Chan Lam et al. v. City of Saint Paul A05-1706, Minnesota Court of Appeals,
opinion filed May 30, 2006.
On May 30, 2006, in a published opinion, the Court of Appeals reversed the decision of the
City Council in the matter regazding IIa Auto Repair at 1103 Arcade Street. In February of 2005,
Chan Lam and Ha Tran applied for auto sales and auto repair gazage licenses. L1EP, the Legislative
Hearing Officer, and the Adininistrative Law Judge recommended approval. The Council deniad.
The properiy at 1103 Arcade had been rezoned temporarily in November of 2003 to OS-2 and
ultixnately to TN-2. In OS-2 and TN-2, auto sales and auto repair are permitted only as legal
ttonconforming uses. The Council determined that there was no "legal" use of 1103 Arcade after
November of 2003 because the use of the property was far auto repair (an accessory use under the
CUP) and there were no auto sales (the primary use under the CITP). The license applicant appealed
the CounciPs denial of their license to the Miuuesota Court of Appeals by writ of certiorari. The
City submitfed its brief in flus case in October of 2005. Oral arguments were held at the Court of
Appeals on Mazch 22, 2006. The decision was published on May 30, 2006. The full decision can
be found at hrip://www.courts.state.xnn.us/opinions/coa/current/opa051706-0530.htm.
In its opinion, the Court of Appeals rejected the City's argument that the legal use of the
property at 1103 Arcade did not continue after November of 2003. The Court did not focus on the
issue of principal versus accessory uses. Rather, they found that the CUP itself established the use.
AA-ADA-EEO Employer
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The Court eapiained:
The use of the land for auto repair as aa accessory to auto sales became a
nonwnforming use when the 2003 zoning amendment took effect because even
though no such business was then being conducted, that use e�sted by virtue of the
CUP as a lawfiil use prior to the amendment of the zoning code.
The Courts holding applies regardless ofwhat activity subsequently took place on the property. The
court e�cplained:
The CUP in this case was never so revoked or amended... [a)nd the Saint Paui
Legislative Code daes not pmvide for any automatic revocarion, amendment, or
expiration of a CtTP. The uses permitted by the CUP therefore continue to exist.
The Court ordered that the decision of the Council is reversed and ordered action on the license
consistent with their opnuon. Unless appealed to the Supreme Court, this decision requires that the
Council gxant the auto sales and auto repair licenses to Ha Auto at 1103 Arcade. It aiso requires that
the auto repair garage and gas station licenses applied for at 1200 Arcade be granted. That auto
repair license was denied on the same theory as Ha Auto and this opnuon of the Court of Appeals
negates that theory.
The hoiding zn this case causes some concem. Although the Court doesn't explicitly state
so, the decision seems to indicate that a CUP never expires and survives through zoning changes
because the CLTP itself establishes a lawful use.
The City Attorney's Office is currentiy evaluating whether to appeal this decision to the
Minnesota Supreme Court. If we make such appeal, the petition must be filed within 30 days, or
by 7une 29, 2006. We are also evaluating whether to make any ordinance changes to eliminate any
negative effects of this decision.
AA-ADA-EEO Employer