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07-1177Council File # ��� /�7 � Green Sheet # �O� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By a �- WHEREAS, Galaleldin Hussein, in PED Zoning File No.07-137-769, applied for a Conditional Use Pemut to allow outdoor auto sales (I,eg. Code § 65.706) at property located at 373 Ruth St. N, Pazcel Identificarion No. 3529223, and legally described as HLTDSON ROAD GARDENS SUBJ TO ST AND EX W 100 FT LOT 4 AND EX W 100 FT THE S 40 FT OF LOT 3 ALSO SUBJ TO HWY AND EX W 100 FT LOT 5 BLK 8; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, on September 11, 2007, the Saint Paul Planning Commission's Zoning Committee held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Leg. Code § 61.303 and, at the close of the hearing, based upon the files, records, the staff report and the testimony before the Committee, recommended that the said application be denied; and WHEREAS, on September 21, 2007, the Planning Commission, based upon the records and the evidence presented to its Zoning Committee at the September 11, 2007public hearing, as substantially reflected in the minutes, made the following findings of fact to support its decision to deny the said application as set forth in Planning Commission Resolution No. 07-66, adopted on September 21, 2007: "1. Sinclair did not establish the auto convenience market use for which it obtained a Conditional Use Permit in 2006, and has instead leased the property to the applicant, who operates a general auto repair business at this location. The applicant states that the underground gas tanks and pumps will be removed by the owner. Section 65.703 of the Zoning Code defines "auto service station" as A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, moto oil, lubricants, grease, (for operation of motor vehicles), or minor accessories are retailed directly to the public on the premises ar�d/or where the servicing or minor repair of automobiles may occur. (emphasis added). Therefore, the Department of Safety and Inspections has determined that the applicant does not need a CUP for auto repair for his business. The applicant states that he intends to do minor repairs only, not engine rebuilding or transmission work. This is consistent with the auto service station definition, as opposed to the definition of "auto repair station" in §65.705: A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc; engine rebuiZding and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on. 2. The applicant wishes to establish outdoor auto sales of used cars on this site, which he expects to purchase within a year. He states that he will purchase used cazs at auctions, make minor repairs to them and sell them on this property. At this time, he expects to most of his auto repair work 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 � will be vehicles he has purchased for resale, with fewer vehicles being �7���7� brought in from the general publia While his original application was to offer 25 cazs for sale, he as since stated that 20 cars are sufficient. Secrion 65.706, permits outdoor auto sales and rental subject to the following condirions: (a) The Zot or area shall 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 mostly paved; although there is some gravel north of the building. (b) Vehicular access to the outdoor sales area shall be at least sizty (60) feet from the intersection of any two (2) streets. This condition can be met. The access from Old Hudson Road and the northern access from Ruth are more than 60 feet from the intersection. The southem driveway on Ruth does not meet this condition. The applicant states that he will close off this driveway, which will satisfy this condition. ( c) No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. This condition is met. The applicant agrees to repair vehicles only in service bays. No refinishing of vehicles is being proposed. (d) The minimum lot area shall be fifteen thousand (I5,000) square feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. This condition is met. The lot area is over 35,000 sq. ft. The applicanYs site plan shows the sales area south of the building nearest the corner of Ruth and Old Hudson Road. The area appears sufficient far the sale of 22 vehicles. While the applicant originally requested 25 autos for sale, he now says 20 vehicles would be enough. (e) In the case of pawnbrokers, the business shall be separated from residentially zoned property by a distance of one hundred fifty (1 SO) feet measured from property line to property line. The applicant is not a pawnbroker, so this condition does not apply. Section 61.501 lists five standards that all conditional uses must satisfy: (1) The extent, location and intensity fo the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the City Council. This condition is not met. The Sun Ray-Suburban Small Area Plan Siumnary, adopted by the City Council in 2004, provides a vision for the revitalization of the Sun Ray-Suburban commercial area, including this site. The Summary states "restrict outdoor sales to seasonal items sold by businesses, already located on the site; discourage outdoor sales by itinerant businesses." The sales as proposed would not be seasonal. The full Small Area Plan 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 (not adopted in its entirety as an addendum to the Comprehensive Plan) also recommends: "Restrict auto-related uses to the sale of �'? /��� gasoline and auto repairs as an ancillary use at service starions selling gasoline." (2) The use wi11 provide adequate ingress and egress to minimize traff c congestion in the public streets. This condirion can be met, as the applicant has stated he will close off the southerly Ruth St. driveway. The remaining two entrances will provide adequate ingress and egess and will minunize iraffic congestion. (3) The use will not be detrimental to the eYisting character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. The use is incompatible with the existing chazacter of development in the surrounding area, which includes a mix of mulriple-family residential and commercial uses. (4) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condirion is not met. The use will impede the improvement of the site and surrounding property, especially as envisioned by the Comprehensive Plan in the Sun Ray-Suburban Small Area Plan Summary. (5) The use shall, in all other r-espects, conform to the applicable regulations of the district in which it is located. This condition is met. Once the nonconforming entrance is closed, the use appears to conform to the requirements in the B3 district. The applicanYs plans, which were not drawn to scale, should be reviewed by site plan review staff in the Department of Safety and Inspections to ensure its adequacy and legality. Possible issues to be reviewed include paving of the entire lot, appropriate striping of parking stalls, and necessary landscaping. The off-street pazking requirement for both uses is 11: 6 spaces for the auto repair and 5 spaces for auto sales. Using the requirement for auto sales with accessory auto repair, the pazking requirement would be 7 spaces, which can be provided on the lot." WHEREAS, pursuant to the provisions of Leg. Code § 61.702 (a), Galaleldin Hussein, duly filed an appeal in PED Zoning File No. 07-169-078 from the determination made by the Commission, and requested a hearing before the City Council far the purpose of considering the actions taken by the said Commission; and R'I3EREAS, acting pursuant to Leg. Code § 61.702(b), and upon notice to affected parties, a public hearing was duly set on for hearing before the Saint Paul City Council on November 7, 2007, however, the matter, upon the morion of the City Council, was laid over for hearing to November 21, 2007; and WHEREAS, on November 21, 2007, the appeal of Galaleldin Hussein was heard at a public hearing where all interested parties were given an opportunity to be heard; and 151 152 153 154 155 156 157 158 159 160 161 162 163 164 WHEREAS, the Council, having heard the statements made and having considered the application, the report of staff, the record, minutes and recommendation of the Zoning 0 �,��� 7 Committee and the Commission's resolution, does hereby RESOLVE, that the Council of the City of Saint Paul hereby affums the decision of the Planning Comxnission in this matter as the appellant has failed to show any error in the facts, findings or procedures of the Plauving Commission when it denied the said applicarion; and BE IT FURTHER RESOLVED, that the appeal of Galaleldin Hussein is hereby denied and the Council adopts as its own in support of this decision, based on the record before it, the findings of the Planning Commission as set forth in Plamling Commission Resolution 07-66; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Galaleldin Hussein, the Zoning Administrator and the Planning Commission. Adoption Certified � by Co Sec B / / /l/�/�f �6%L�Si7� Apprwed by M'r: Da '/ � By: Requested by Department oL By: Fomi Appr by C Attomey By: 7�[N�NVi.s'� i����"�� Form Appm Ed by Mayo or Subm�;, io� �to Council ` / � I { �N '�// By: / � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7-U77 CA -c;ry nuomey 03-DEC-07 Green Sheet NO: 3046950 CoMad Person & Phone: Peter Wamer 266-8710 Doc. Type: RESOLUTION E-DOCUment Required: Y DocumeMCOMact: JufieKreus Contact Phone: 266-8776 y Assign Number For Order ToWI # of Signature Pages _(Clip All Locations for Signature) 0 riAttorney 1 Attome De artmeut D'uec[or 2 CitY AttorneY 3 a or's Office i MayoHAssistant 4 ooncil 5 " Clerk C5 Clerk Memorializing City Council's November 21, 2007 mofion to affirm ihe decision of the Planning Commission and deny Galaleldin Hussein's application for a Conditional Use Permit to allow for outdoor auto sales at the proper[y located at 373 Ruth Street in Saint Paul. iaavons: npprove (a) or n Planning Commission CIB Committee Civil Service Commission 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on sepa2te sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Council is required pursuant to the City Chazter to have its acrions reduced to writing either in the form of a resolution or ordinance dependent upon the nature of the ma[ter before it. The decision of the Council in this matter required a resolution in order to comply with the Charter. Approval of the attached resolurion fulfills the Council's duty under the Charter. AdvanWges If Approved: None Disadvantages If Approved: Failure to approve the resolution violates the City's Charter requirement. Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (F�cplain) Activity Number: CosURevenue Budgeted: December 3, 2007 10:00 AM Page 1 DEPARTMENT OF PLANNING & EWNOMIC DEVELAPMEN"C Ceci[e Bedor, Director ,Q 07- CTTY OF SAIIVT PAUL Christopher B. Coleman, Mayor October 11, 2007 Ms. Mary Erickson City Council Research Offce Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Sbeet Smnt Paul, MN 55702 Te7ephorse: 657-266-6700 Facsimile: 657-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, November 7, 2007, for the following zoning case. Zoning File Number: File Name: Appellant: Address: Purpose: 07-169-078 Galaleldin Hussein Appeal Mr Galaleldin Hussein 373 Ruth St N, Appeal of Planning Commission decision to deny a conditional use permit for outdoor auto sales (File # 07-137-769) Previous Action: Zoning Committee Recommendation: denial, 7- 0 Planning Commission Decision: denied, unanimous I have confirmed this day with Councilmember Lantry's office. My understanding is that this public hearing request will appear on the Council agenda on or before the October 24, 2007, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please cail me at 651-266-6639 if you have any questions. Sincerely, Patricia James City Planner cc: File #: 07-169-078 ApplicanUAppellant: Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson Mr Galaleldin Hussein NOTICE OF PUBLIC HEARING The Saurt Paul City Coundi will con- duct a publlc hearing on Wednesday, No- vember 7, at 5:30 p.m. in the City Council Cliaznbers, Third Floor, Clty Hall / Court- house, I5 West Kello Bbulevazd, St. Paul. MN. to cdnsida�e appeal of�'Mr. Galaleidin Hussein to a depsidn of fhe Planning Commission denying a condi- tlonal use permit for outdoor auto sales at 373 Ruth Sheet North. (ZF 07-169-095) Dated: October_l6, 2007 MARY ERICffSON, � n�sstaz,t cscy co,u,� s�rerazy �afo�� is) _�= sa: rwoi, i.scnt, �aucEa 22149912 AA-ADA-EEO EMPLOYER DEPARI'MENT OF PLANNING & ECONOMIC DEVELOPMENT Cecile Bedor, Director _ Or7- xr �v �� �itRllA CITY OF SAII��'I' PAUL Christopher B. Coleman, Mayor 25 West Fourth Sbeet Saira Paul,ldN 55102 Q Telephane: 657-266-6700 Facsim ile. 651-228-3220 October 22, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: 07-169-078 File Name: Galaleldin Hussein Appeal Appellant: Mr �alaleldin Hussein Address: 373 Ruth St N, NW corner at Old Hudson Road Purpose: Appeal of Planning Commission decision to deny a conditional use permit for outdoor auto sales (File # 07-137-769) Citv Council Hearinq: November 7. 2007 5:30 p.m., Citv Council Chambers Staff Recommendation: • District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Decision: Deadline for Action: � Staff Assigned: Approval with condition(s) Recommended denial Denial: vote: 7-0 0 people spoke, 0 letters were received 0 people spoke, 5 letters were received Denied vote: unanimous October 22, 2007, extended to December 27, 2U07 Patricia James, 651-266-6639 Attachments: Planning Commission resolution 07-66 , Planning Commission minutes, September 21, 2007 Zoning Committee minutes, September 11, 2001 Correspondence received Staff Report packet cc: Zoning File #: 07-169-078 Appellant: Mr Galaleldin Hussein City Council Members District Council: 1 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO EMPLOYER 67�//77 snitvr rw.0 � � AAAA APPLII ]JCpQI't)tiE Zoning S� I400 City 25 Wese l Saint PaU (65I) 266 APPIICANT PROPERTY s�uVATIvN Zoning File Name ��1�dLFfJ/� /f�� j1�s�t�/�1 � Address / Location_ 3�-; _,YQti I1.[ ST— S � iD L_ W/��L c�t / q �T TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeals � Cify Council �.Planning Commission Under the provision of Chapter 61, Section 0� Paragraph � of the Zoning Code, to appeal a decision made by the ��,��1�•.) ( C�7 ( �'�"���� C. S� Tj 8� - •- � of decision) 20�''�. File Number: 6 7— 1�`] — 7�o� , GROUNDS FOf� APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative officiai, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. i � (attach additional sheet if necessary) ):} � .. I ' t`; + ;_ � �� � � � a����� � � — -- -- -- ---------- --- ------- ---- --- ---- - Applicant'sSignature _� Date�f%o°�— ° �— CityAgent t� � r � � K:�fornss]appforappeat.wpd Il/8/04 �O�t r ��E��Y �S � ��' S �� � �����ca��o�, �S= � �`� � z 1 � , _ CCC��1cS� �f���, -��' ��I�S, JCO��hC� , � , llOC�2c� b� l�c,� -� ge� �� c� �c� �� @c� � o � � e S�.U����Y �� �. m�b �41\ '�e��i�Cer�P��S -� ���-� .L - � - ;'>i�� ��� ���`������ C�►.� i�SiJ�� c���\v� � �nske -�e �c �c��-6 c��eC � � � on • • DEPAR?MENT OF PLANNING & �`1 ECONOMICDEVELOPMENT LJ CedZBedor, Director °••°"°°•• �� // 7 / C�Y �F' .5�� Pf��. 25 West Frnvth S[reet . Telephane: 65I-266-6700 Christopher B. Coleman, Mayor � S¢intPau/,1rIN55102 �Facsimile: 657-228-3220 Ocfober 8, 2067 Attn: Mr Galate[din Hussein Sinclair Marketing Of Mn Inc 14804 Blanca Ave P O Box 30825 Rosemount M[�f 55068 Salt take City UT 84130-0825 RE: Notice of Appeal of Zoning File 07-137-769, Galaleldin Hussein Dear Mr Hussein: The Zoning See�ion of the Department of Planning and Economic Development has received your appiication appeafing the Planning Commission's decision to deny a Conditonal Use Permit for outdoor auto sales an property Iocated at 373 Ruth St N. The Saint Paul City Council will conduct a public hearing on the appeal on Noverriber 7, 2007. • Minnesota Stat�tes 15.99 requires that all ci±y ac!icn or, zoning app;ications be c�mpleted within 60 days of the date the application is made, but alfows the City to extend Shis �ZeaiodSor an aridi�onai 6Q days {tmtal af 12a days). I n carder #a aliaw time for a City Council public hearing on the appeal.while meeting deadlines established by state law, the City of Saint Paul is hereby extending the deadline for action from October 22, 2007 to December 21, 2007. Please contact me at 651-266-6639 or by e-mail at patricia.james@cistpaul.mn.us if you. have questions_ Sinc rely, \� Patricia James City PlanneC cc. File #: 07-'f37-769 Zoning Administrator License Inspeetor District 1 \ J AA-ADA-EEO ENiPLOYER DEPARTMENT OF PLANNING & . ECONOMICDEVELOPM&NT . SA�NT PAUL � AAAA CITY OF SAINT PAUL Christopher B. Coleman, Mayor Septemberv24, 2007 Mr. Galaleldin Hussein 14804 Blanca Ave Rosemount MN 55068 25 i9 Fowth Street SaintPau� MN55102 Sinclai� Marketing Of Mn Inc P O Box 30825 Sait Lake City UT 84130-0825 RE: Conditional Use Permit for outdoor auto sales Zoning File # 07-137-769 Dear Mr. Galaleldin Hussein: �_]' i�.'"a.'CR TeZephone: 651-266-6700 Facsimile: 651-228-3220 • On August 23, 2007, you applied for a Conditonal Use Pecmit for outd9or auto sales at 373 Ruth Sf N. After a public hearing by the Saint Paut Pianning Commission's Zoning Comrriittee on September 19, 2007, the Commission voted to deny your requesf on Sep 19, 2007. Enclased is the Planning Commission's resoiution sfating its findings and decision. The Planning Commission's decision may be appealed to th2 City C�uncii by filing an appeal and fee ($435) within fen days of fhe date of the Pianning Corpmission's decision. P.ppeais are filed at the Zoning Counter, 1400 City Hall Arinex. .The appeal should be based on what you believe to be an error of fact; finding, or procedure of the Planning Commission. Enclosed is an appeal application. • Please call me at &51=266-6639 if you have questions. Sincerefy, ����--- Patricia James Cify Planner . Enciosures: Resolution Application forAppeat cc: File # 07-137-769 Zoning Administrator License Inspector Building Plan Review District 1 Community Council � � AA-ADA-EEA Employer eity saint paul � lanning commission resolution ile number o�-66 date septembe� 21. zoo� 4 7 - //7�. WHEREAS, Galaleldin Hussein File # D7-137-769, has applied for a Conditonal Use PeYmit for outdoor auto sales under the provisions of § 65.706 of the Saint Paul Legislafive Code, on property located at 373 Ruth Sf N, Parcel identification Number (PIN) 352922310048, legally described as HUDSON ROAD GARDENS SUBJ TO ST AND EX W 100 FT LOT 4 AND EX W 100 FT THE S 40 FT OF LOT 3 ALSO SUBJ TO HWY AND EX W 100 FT LOT 5 BLK 8; and WHEREAS, tne Zoning Committee oi ihe Planning Commission, on September 11, 2007, held a public hearing af which all persons present were given an opportunity to be heard pursiaant tb-said application in accordance with t�he 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 Commi«ee at ihe public hearing as substantialiy refiected in tne minutes, made the following findings of fact: • Sinclair did not established the auto convenience market use for which it obtained a conditional use permit in 2006, and has instead leased the property to the applicant, who operates a general auto repair business at this location.. The applicant states that the underground gas tanks and pumps will be removed by the owner. Sec. 65.703 of the Zoning Code defines "auto service station" as A p/ace where gasoline or any other automobile engine fuel (stored only in undergrourid tanks), ke�osene, motor oil, lubricants, grease (for operation of motor vehic%s), or minor accessories are retailed directly fo the public on the premises and/or where-the seruicing or minorrepairofautomobiles mayoccur.(emphasis added) Therefore, the Department of Safety and Inspections has determined that fhe applicant does not need a CUP for auto repair for his business. The applicant stafes that he intends to do minor repairs anly, hot engine rebuiiding or trarismission work. This is consistent with the auto service station definition, as opposed to the definition of "auto repair station" in §65.705: A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc.; engine.rebuilding; and rebuilding or reconditioning of motor vehic%s. The sale of engine fuels may or may nbt also be carried on. 2. The applicanf wishes to estabiish outdoor auto sales of used cars on this site, which he expects to purchase within a year. He states that he will purchase used cars at.auc_tions, m_.ake.minor. repairs fo the'm, and sell them on this property. Af this time, he expects that most of his auto repair work will be vehicles he has purchased for resale, with fewer vehicles being brought in from the general public. While his original application was to offer 25 cars for sale, he has since stated that 20 cars are sufficient. moved by Morton seconded by. in favor �gainst ` ��a��maus � Zoning File # 07-137-769 Planning Commission Resolution Page 2 4. Sec. 65.706 permits outdoorauto sales and rental subject to the foliowing conditions: (a) The lot or area shall be provided wifh a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface wate� accumulated w�thin the area. This condition is met. The lot is mostly paved; although there is some gravel north of the building. (b) i/ef�rcu(ar access to the outdoo� sa/es a�ea shall be at /east sixty (60) feet from fhe intersection of any two (2) streets: This condition can be met. The access from Old Fludson Road and the northem access from Ruth are more than 60 feet from the intersection. The southern driveway on Ruth does not meet this condition. The applicant states that he will close off this driveway, which will satisfy th�s condition. (c) No repair or refinishing sha/l be done on the !ot unless conducted within a completely enc%sed building. This condition is met. The applicant agrees to repair vehicles only in the service bays. No refinishing of vehicles is being proposed. (d) The minimum lot area shall be fifteen thousand (95,000) square feet A site plan shall be submitfed showing the layout of the vehides for sa(e or rent, employee parking, and cusfomer parking. This condition is met. The lot area is over 35,000 sq. ft. The appiicanYs site_ plan shows ffie sales area south of the buiiding nearest the �orner of Ruth and Old Hudson Road. The area appearssufficient fior the sale of 22 vehicles. Whife the applieant originally requested 25 autos for sale, he now says 20 vehicles would be enough. � (e) In tF�e case of pawnbrokers, the businesses shall be separated f�om residentially zoned . property by a distance of one hundred fifty (950) feet measured f�om properiyline to property line.... The applicant is not a pawnbroker, sathis condition.does not apply. . 5. §61.501 lists five standards that all conditional uses must satisfy: (1) The extent, location an.d i.nte.nsi!yeffhe use v✓illbe in subsfantiaf compiiance with ihe Saint Paul Compreh2r,sive P;an ar,d ary applicable subarea pians which were approved by the cify council. This condition is not met. The Sun Ray-Suburban Small Area Plan Summary, adopted by the City Council in 2004, provides a vision for the revitafization of fhe Sun Ray- Suburban commercial areas, including this site. The Summary states: "restrict outdoor sales to seasonal items sold by businesses.already located on the site; discourage outdoor sales by itinerant businesses.° The sales as proposed would not be seasonal. The full Smail Area Plan (not adopted in its entirety as an addendum to,the Comprehensive Plan) aiso recommends: "Restrict auto-re(ated uses to the sale of gasoline and auto repairs as an ancillary use at service stations selling gasoline.° (2) T6e use wil! provide adequafe ingress and egress to_minimize.traff� cQngestionln the-pL6Gc streets: This condifion can be met, as the applicant has stated he will close off the southerly Ruth St. driveway. The remaining two entrances will provide adequate ingress and egress and will minimize traffic congestion. (3) The use will not be detrimenfa! to the existing character of 1he development in the rmmedrate neighborhood or endanger the public health, safety and general welfa�e. 7his condition is not met. The use is incompafible the existing character of development iri the surrounding area, which ineludes a mix of multiple-family residential and commercia( uses. (4) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitfed in the district. This condition is not met. The use will impede the improvement of the site and surrounding property� especially as envisioned by the Comprehensive Plan in the Sun Ray-Suburban Small Area Plan Summary. . (5) The use shalt, in all otirer �espects, confomt to the applicable regulstions of the district in which it is located. This condition is met. Once fhe nonconforming entrance is ciosed, the use appears to conform to the requirements in the 63 district. The applicant's pians, which . • • Z�nsng File # 07-137-769 Planning Commission Resolution Page 3 �7-/17� . were not drawn to scaie, should be reviewed 6y sife plan review staff in the Departmenf of Safefij and Inspections fo ensure its adequacy and legality. Possible issues to be reviewed include paving of the entire lot, appropriate striping of parking stalls, and necessary landscaping. The off-street parking requirement for the both uses. is 11: 6 spaces for the aufo repair and 5 spaces for auto sales. Using the requiremenf for auto sales with accessory aufo repair, the parking requirement would be 7 spaces, which can be provided on the lot. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application of Galaleidin Hussein for a Conditonal-Use Permit for outdoor auto sales at 373 Ruth St N is hereby denied. • • r 0 7-/1�� � Saint Paul Planning Commission City Hall Conference Center 15 KeIlogg Boulevard West iVlinufes September 21, 2Q07" A meeting of the Planning Commission of the City of Sainf Paal was held Friday, September 21, 2007, at 8:30 a:m. in the Conference Center nf City Hall. Commissioners Mmes. Donnelly-Cohen, Morton, Smittea Wencl and Present: . Messrs. Alton, Bellus, Commers, Cudahy, Gordon, Kramer, Nelson, Rosemazk, and Spanld'uIg• . Commissioners Mmes. *Fazicy, *Lu, *McCall, *Porter, andMessrs. *Barrera, *Goodlow, *Johnson, Absent: *Mazgulies. *Excused Also Present: Larry Soderholm, Planning Administrator; Anne Hunt, Mayor's Office, Sazah Zom, Andrew Jacobson, Jacob Rife, and Soaja Butler, Department of Planning and Economic Development staff. • I. Approval of minutes September 7, 2007. . MOTION: Com+nisszoner ponnelly-Cohen moved approval of the minutes of September 7, 20D7. Commusiorier Nelson seconded the motion. The mofion carried unanimously on a voice vote. - II. Chair's Announcements Chair Alton had no announcements. III. Planning Administrator's Announcements Larry Soderholm reported on pianning-relaYed business at fhe City Council for last week and their agenda for nea�t week. IV. Zoning Committee NEW BUSINESS #07-136-9�7 3ohn Knarostein — Establishment of legal nonconforming use status as a triplex. 1217 Hubbazd Avenue, NE corner at Crriggs. (Sarah Zorn, 651/266-6570) . MOTION: CommissionerMorton moved fhe Zoning Corn»uttee's recorrrarendation to approve • the nonconforming use permiL The motion camed on a vote of10-3 (Bellus, Ne7son, Spauldin� #07-137-769 Galaleldin Aussein — Condifional Use Permit for outdoor auto sates. 373 Ruth Street N, NW comer at Old Hudson Road. (Putricia James, 651/266-6639) MOTION: Comtnissioner Marton moved the Zoning Commi#ee's recommendation to dexy 1he conditional usegermiG The motion carried unanimously on a voice vote. V. Sustainable 5aint Paul Uudate: Guesf Presentation Anne Hunt, Environmental PoIicy Ilirector for the Niayor's Office, made a presentafion about.the Sustainable Saint Pau1 Team of City stzff and other stakeholders fhat have been_working on envuonmentaI issues over the past yeaz: They fiave focused primariiy oq energy efficiency, altemate fuels and vehicles,'energy supply, recyoling, and greening efforts. In the fall of 2007, the city will hire an Energy Coordinator to reduce the City's overall-energy use ancl coordinate energy conservation initiafive's in ttie City, The City is analyzing ten Gity-owned buildings and re�ofitting them with eneagy efficient. heating and lighting systems that will have a ten3�eaz payback or less. For examgle, the Pazks and Recreation Department is improving the energy efficieucq of two recreation centers —. Linwood Recreation Center and Phaleri Golf Course Clubhouse; Public Works is improving the energy efficiency of the Street Maintenance Facility. ' � The Mayor and City Council aze committed to creating more sustainabie buiIdings that are more • energy efficient; have imQroved air and water quality; aze more durable and long fasting; and reduce long-term operating expenses. City Council unanimously passed a resolufion on Sustainable Development Policy for New and Renovated 1Vlunicipal Buildings.. In tfie spring of 2007, the City broke ground on the new Westem District Police Facility. The building will be certif ed LEED Silver and will be 45 percent mere e�ergy efficientthan ffie State building code. The energy efficient and "green" features in the building have a collective payback period of thzee yeazs. l�s. Hunt talked about transportarion. The City is reducing CO2 emissions by purchasing more fuel ef�icient vehicles like Ford Focus sedans and other light utility vehicles as it replaces Ford Tauruses. For the City's fle�cible-fuel Ford Tauruses, th0 City insialled an $85 tauk at the Dale Street yazd and plaos to double tfie use.of ethanoI. Of course, tfie City is workingliard for the development o�the Central Comdor light rail line. In addition, the City is setting up a new ride- share program for CiTy employees. It is called "computerized match.cout", which is a computerized matching service for people who want to shaze rides but want to have more individual fIexibility than lraditional carpools. .Ms. Hunt said that in Samt PavI moze people - cazpool to work than take the bus. . � Next Ms. Hunf disenssed green manufacturing. At the beginniug of 2409, Magor CoYeman and Mayor Ry6ak rnitiated the Mayors' Initiative on Green Manufacturing as an ogpor[unity for economic growth relating to geen roofing systems, wind and solaz energy tectmatogies, and energy efficient heating, air conditioning and ventilating systems. Tha mayors.ace eoIIaborating with the Chamber of Commerce, labor, and nonprofits. � . Z . , >. • XI New Business . None XII• A�journment Ivleeting adjmtimed at 9:40 a.m. Recorded and prepared by Sonja Butler, Planning Commission Secretary Plznning and Ecan�^�•ic IIevelopm.,�.t ��aru tent, City of Saint Patil • Respectfuily subma�d, � ��-�--� Lany holm, tLI�' Planning Adminisir�For • • PED�BuUerVSeptemba 2k, 2067 • �7 //77 Approved �� �� � l ate ' � � M ' yn Porter � Secretary of the Planxung Commission 4 a � MINUTES OF THE ZONWG COMMfTTEE Thursday, September 11, 2007 - 3:3t3 p.m. � City Council Chambers, 3rd Flour City Hall and Court House 15 West Keilogg 8oulevard PRESENT: EXCUSED: D�7- /l7'7 Alfon, Donneily-Cohen, Faricy, Gordon, Kramer, Mo€Eon and Rosemark Johnson STAFF: Patricia James, Carol Martineau, Peter Wamer, and Sarah Zom The meeting was chaired by Commissioner Morton. Galaieldin Hussein - 07-137-769 - Conditonal Use Permit for out€toor auto sales, 373 Ruth St N, NW corner at Old Hudson Rd. Patricia James presented the sfaff report with a recommendation o€ approval with condition(s) for the Conditional Use Permit. Patricia James also stated District 1 recommended denial, and there were 0 letter(s) in support, and 1 letter in opposition. She also stated the rnaximum amount of cars on the lot for sale wouid be twenty. Upon the questions of the Commissioners, Ms. James explained the 10 foot landscaping condition and stated it woufd be worked out during site pian review. She also sfated the applicanf has a license to do minor auto repairs and has no interest in cars needing major repairs. • Galaleldin Hussein, ihe applicant, s4ated he would oniy do minor repair on cars. At the question of the Commissioners, Mr. Hussein stated he was not selling cars on the lot and he hopes to purchase the property from Sincfair after they remove the gas tanks. No one spoke in support or opposition. The public hearing was closed. After further discussion pertaining to the previous permit, landscaping, and future land deeded to the City of Saint Paul; Commissioner Richard Kramer moved denial of the Conditional Use Permit. The movement for denial was based on a lack of compliance with the Sun Ray-Suburban Small Area Plan under Finding H5.1; the use is detrimenfal to the existing charater af the development of the neighborhood under Finding H5.3; and the use would impede normat and orderly development under Finding H5.4. Commissioner Kathi Donnelly-Cohen seco�ded the motion. The motion passed by a vote of 7-0-0 based on the reasons stated by the maker of the motion Adopted Yeas - 7 Nays = 0 Abstained - 0 Drafted by: Submiffed by: � Approvecf by: � �.�� �, � ������ �_��� Carol Martineau Patricia James Gladjrs rton . Recording Secretary Zoning Section- Chair 3/-!b`J;\S/3 KUtfl JL. N From: . To: Date: Subject: <District1 Council@aof.com> <patricia.james@ci.stpau i. m n. u s> 9/10/2007 1236 PM 07-137-769 ; 373 Ruth St. N Dear I�is. James, The District 1 Community Council stands in strong opposition fo granfing a conditional use permit for nufdoorauto sales af 373 N. Ruth Sf. In addition, at recent community meetings, residenfs have also expressed opposition to this permif. The corner of Ruth and Old Hudson Road falls along the SunRay-Suburban Small area plan boundaries. This is an area fhat the Council is trying hard to develop as a pedestrian frierdly commercial center for the district. We wcr�ced hard with Sinclair to develop a site plan for a new gas station a# this site that would include widened sidewalks, planted boulevards, would maintain or upgrade plar�tings along the westem property line and would generally enhance the site. Instead we have a car repair shop that was only marginally appropriafe to the area. Now fhe proposal is for parked cars throughout the lot. This is simply unacceptable. Although the Council supports small business owners, we feel Yhat Mr.Hussein can find a more appFopriate location for his car lot than in the area of our Suburban-SunRay planning,. next to residential areas. Due to a conflicf with election day duties, a representative of the Council is unable to attend tomorrow's meeting. We hope that our strong opposition to this request for a conditional use permit can be expressed adequatefy through • this note. Thank you. �7��177 Betsy Leach Community Organizer , District 1 Community Council 2090 Conway St., Rm 126 St. Paul, MN 55119 651.501.6345 (voice); 651.501.6346 (fax) <BR><BR><BR>`�*`***"**'*`*"*`*'*"*�'*�'*********<BR> See whaYs new at http://www.aoi.com</HTML> � T� : ��� << �. -1 �� ' {2�� 07- �37��q �� ���s� �� �� ����� ��� �� C�.�.�.�- l� �� �.�;� .�-�- .3 ? 3 (�-f,,. t�.rp..s Se� i� � � �� o �-' ���e ��-e�. S� `�-i s e�e.,,,� s G,.r�� � yC.�l��. �o `�4 �.c�• 1�.. r c�� _ . ,� 1 _ ��- � � - • � • aolrich:// L 45231 I 02�! Subj: • Date: = From: To: #252922310048; 373 Ruth Street Monday, July 30, 20D7 10:54:53 AM Districtl Council Paul. Du brui elQci.stpaui.mn, us 07-11�� Dear Mr. Dubruiel, The District 1 Community Council is opposed io granting the request for a conditional use permit for 373 Ruth St. because the use will violate the Suburban SunRay SmaU ARea Plan that states that the city will: "Restrict auto-related uses to the sale of gasoline and auto repairs as an anciliary use at service stations selling gasoline." (Retail recommendation #25 p. 13) Although this station is no: currently selling gasolina, our understanding is that Sinclair is leasing this propetty to Mr. Hussein as it reconsiders its plans for this site. Mr. Hussein is currently licensed co run an auto repair shop at the locacion. We will not support expansion of this use to inclu�a sale of auto�� �b�l2s. Regards, Betsy Leach Community Organizer District 1 Community Council 2090 Conway St., Rm 126 Saint Paui, MN 55119 • 651.507.6345 (p);- 651.507.6346 (f) district1 counciV@aoi.com #*kf�*�ef�k*%xtYYx�FWt't{"'DA'i%WW'YkYt Get a sneak peek of the ali-new AOL at http://discover.aol.com/memed/aolcom30tour • �, � 8/6/U7 11:13 AM � 1�l- �7�7 �a Patricia James - Neighborhood meeting at BG �7 From: "CAROL OKEEFE" To: Date: 9/11/07 9:34 AM Subject: Neighborhood meeting at BC Dear Betsy, Thank you for organizing the area meeting at Battle Creek Park. I am the homeowner at Winthrop a�t Upper Afton and work at the Rondo Library. In the days since the meeting, I have been enthused to talk with other residents and share information. As I missed the beginning of the gathering, I would like to respond to a few items at this time. Number one, I am delighted to hear Sonic restaurant Is interested in our area. I do have reservations about a drive through at the Los Tajanos location because of the traffic difficulties there. I am more in supportive of the Sinclair station area. Which brings me to Number two. I am opposed to a used car lot at the Sinclair Station location. As a major intersection to both north and south of the freeway, that corner is a gateway. A used car lot, especially a part-time lot would not set a positive tone for the area. Maybe the Los Tajanos location would be better for that--less traffic at the high traffic times during meal times. The third concern I have is Sun Ray shopping Center. I am concerned that so many of the stores are w quality. Target is a great neighbor, but the only Iocal option for clothing of reasonable quality. I hear lans are developing for a shared use plan at the Embers location that will include a coffee shop-- Exceilent! What about a"Jamba Juice" type stop at Sun Ray or Dunkin' donuts, I have spoken to several residents, and encouraged a young Hmong woman I work with, and lives in our area, to take an active role and involve her family as well. I wili pass your name and contact info to her. Thank you, again. I look forward to ongoing involvement. Carol Hogan-0'Keefe i file://C:�Documents and SettingsUames.STPAUL�I,ocal Settings\Temp�gxpwise\46E7B685mai1... 9/12/2007 10/16/2007 10:22 6515016346 nistr�ict 1 DISTRICTICAUNCIL Cou�sait PAGE 01 Coimmuuity Coun�cii Ol�ice Battle GraClc Police Storetrouz Cianet+a U�iee ud Af�� Y Xaras A COmmna:it7 Pasinenhip �090 Coaway 8ttnat, Room 1'J6 9107 OId Ftadwa xpad. Buuxaq ShoyPlnE Ceater gniat Peui, A7N 6ffi i51 Baint Pavi Aflt ifd124 coA¢e; 661_50Y.634F tvxc 651.501.694fi 9o;ae: 661.7M.ff'Y40 [�uc 661.714.SZ29 cma71: phteictiarvaqu(e�pei.com emalk diRtrlct2CPC(�ol.com � Ml4t��0: R'iPW.d{ftTlt�kiCOtlL6Q.0�'�( Octobex 16, 200'7 Patricia Jatiaes Q�D 25 W. Fourth St. Sazz�t Paul, M�I 55102 Re: 07-169-078; 373 Ituth St Dear Patricia, Additional3ettets �n o��osition fo the cand'ational use pexctrit at 373 RutZz St. I�ave anrived since I pzeviously comtatwaicated u+ith yoa '�'hey are inaluded here. In add'ztion, l want to rez�rate the 17istxict 1 Community Covncil's opposition to ttus �request. Regardless o£whether.B2 zonin$ allows suck� conditional uses, Yhe SunRay Suburban Szntall Area Plan does not. The Council has worked hard with developers at Ruth between Old Hudson and WilsoA to bring the vision of#he sma11 area pian to £CUition. 'I'ftis proposai wouId undo atl that pzevious work. Theze at'e other locations iaa I?istrict 1 better suited fbr Mr. Hussein's business, znclud'zntg along Highway 6l. Thanlc yot�, � "�"�� Betsy ,T�each pnr mi��loa }. to creafa oyportnnitlea ibr the pwpte whe [ive aad wor# in onr aeiFkbothoWs te enY.q� dth eweh othaz m6 v,dtL onr �overament oIDaixL In order to bnpfl � mon vinx�nt aad wa3avminH commpary.j. � • r� �� 5ubj: bistrict 3 Community Meeting Date: Wednesday, September 19, 2007 9:27:12 AM �7-117� • From: dktblarson@camcast.net To: Oistrict1 Council�'aol.com cc: kathy.lantry@ci.stpauLmn.us, Jim.McDonough@co.ramsey.mn.us It appears that my first attempt to send this note was not sucessful. Thank you for hosting the recent DistP�ct 1 community meeting heid at 6attle Creek Rec Center. It was very informative and allowed alf the participants to discuss the issues and visions for our area. i have copied my elected officials as park ofi this letter addresses areas of their responsibility. 1 am most eoncerned about the "sale" of the Eastview and Highwnod Rec Centers. The teen and prateen children in our area need a pk�ce to go when their school day ends. I fear that when these rec centers are operated by other organizations, they won't be avail2bie when Yf�ese kids need them • most, Without therrt, they will be out in the neighborhootis in search of chings to keep them occupied. Some will not make very goad choices,This is especiaiiy true of the Highwood, with it°s proximity to the AfCOn View apartments. As 1 understand it, there are a lot of young peopie that live tr� that faCility. You mentioned the possibility of holding a special dtstrict wide traffic mee; ing, �s issues on ihis t3nic occupied much of the meeting. This would be a vary good idea. Some of the issues that I recall weCe the tendenCy of peopfe ta ignore (ar minimize) the stop signs at Upper Afon ar�d its intersections with M�Knight and Winthrop. ! have seen peopie drive right through these signs on multiple occasions.. Another issue was the traffic speed on Upp�r Afton. Peopia oft�r� U5e the stretch �etween White �ear and McKnight as a four lane road even though it is supposed to be two lanes. 1 atva alsc h^ping *."at f2uth St be*i^.�een Subwrbasl ard Upper Afton wil� �e r�surfaced soan. it is in very bad shape. On� residen� mentioned tY�� disgusung habit of same people •Yaho use Batt�e g/�g/p7 America Online : DiStrictlCounCil Page 1 �� L0 39t1d �I�Nf10�T10I211SIQ 9DE9S05L59 tiZ �0L L99Z/9L/0L Creek Rd as a dump due to it's isolation. I wasn't aware of this untit now. • UnwanCed furniture and other household +tems are bad snough, 6ut what ha�apens if dangeraus chemicals are left there. This road is very near Battle Creek and the Mississippi River. it wouldn't take much for a serious environmental hazard to devaiop. Another item af discussion was the possibility that the o!d Sinclair station on Ruth and Old Hudsan might be turned in to a used car lot. this locatian is hig ��y �isiblE to N2�ple traY��irfg through our ^�i�h�aorhood and ! ��;n� othe: types of businesses wor�ld be mare likely to attract visitors and potentiai residents to our area. I am excited about Che changes coming ta the old Embers location and the additions to the library. Having a worKforce center in the library and a dia{ysis center available would be useful to many of our neighbors. I am hoping that more of these meetings can be held in the future. Perhaps Kathy and Jim would be able to attend. It would be interesting for them to share their points of v+ew on the various subjects. Dave Larson 735-8767 Headers fteturn-Path: <dktBiarson�comcast.net> Received: from rly-mal0.mail.soi.com (rly-mal0.mail.aoi.com [172.20.116.541) by air- ma01.maii.aol.com (v119.9) with ESMTP itl MAILINMA014-8d146f131ad283; Wed, 19 Sep 2D07 10:27:12 -0400 Received: from scetmhCl4.comcast.net (seermhc34,comeast.net [2D4.127200.84]) by r!Y- ma96.mai{.aol.com (vi�9.9) with ESMTP id M�LRELAYINMA103-8d146f131adZS3; WeB, 19 Sep 2DQ7 10:26-53 -0400 Received: €rom_ smailcenter67.comcast.net {[204.127.205.167j) hy camcastnet (sccrmhcl4) with SMTP id <2007D919742653�1400ry'Ovhe>; Wed, 18 Sep Z007 14:26:53 +0000 Received: tmm [t9228.2.52] by smaiicenterGT.camcast.net; Wed, 18 Sep 2007 14:26:52 +0000 From� dktblarsonCcomcastnet To: Disvicll�aunci!(c�aal.crom Cc: kathY.lantry�ci.stpaul.mn.us, Jim.McDOnough(�co.ramsey.ma.us Subject Dfstnct 1 �ommunNy Meeting Date: Wed, 19 Sep 20q7 i4:2$:52 +D000 Message-1d: 9/79/07 America Online : District7Councl! Page 2 . • Z0 39tld �IONIl00SJAIa1SIQ 9bE9L05T59 bZ:OS G00Z/9S/0i � � � ... . Patricia James - opposition to file #07-169-078 /373 Ruth St. b�—�J7�] �� To: Date: 5ubject: "fernco 1 �a,netzero.net" 10/16/07 9:04 PM opposition to file ro7-169-078 /373 Ruth St. Patricia- I agree. that 373 Ruth St should not be a Used car lot. Personally we have enough 2nd hand stores (Thrift store, Tumstyle, Dollar Stores, etc.) in the SunRay azea. It would be nice to have a new business that would clean up and improve the image of our beautifixl southeast St. Paul neighborhood. Sincerely- Cindy and Steve Fernlund 651-730-8395 �� • file://C:\Documents and Settings\James.STPAUL\Locai Settings\Temp�XPgrpwise\47152757mai... 1�/17/2007 aolrich:!/296291 I032( Subi: flate: From; to: Used Car Lat F�iBay, Septem6er 2i, 2007 6:4838 PM ruebone�oomcastnct districtl council�aoi.com ➢istrict One Caimcil I understand someone is proposing opening a used car lot on Ruth and Old Hudson Road. T would like tc :��:s*�.e: :r.� s�er.g ebjection to t�has �m;��, t�ause I think it vvould seriously degrade the quality of our neighborhood. A used car lot would be conE�axy tp the recentiy devetoped long range pian for the area, whieh calls for retail shops and services designed to serve the tocal commuaity, plus some residentiat. The plan encourages all development to be pedesuiaa-friendiy. T reallzed that we already have a car dealeiship on Subarban Ave. and this is not in keeping with the long range plan, Many years ago it was comtnon �or car deaiers to locate in ciiy neigjiborhoods like Grand and CJniversity Avenues. This has graduaDy changed in favor of 3ocating alang highways iu semi-rural areas. When Suburban Chrysler was built it was the beginning of tbat �end, hut thi"s arex is not npw semi-rural. New caz dcale�ships are very difFerent thfln independent used car 1ots. New car de&lers sell used cets buC are abie to �etain a high quality inveutory because the newest azad best used e�rs are acquired as tracie-ins on new cars. They se}l-off their poor cars tn indcpcndent used car iots. Mosi used car I4r invzntory is acquired through auCtions, often from o#her states. Used car lots tend to become trashy looking si#es, i>ecause oftheir low quality inventory. They tend t0 beCOme popttl2ted wiYh trasky CaYS [haY d0 nOt Szll, Uut aTe noX Ia&ulecl 8wa}� in a SimC(y mannrr_'I"he result is a virtual cxr dump, with otd cars tha: are 3a...age�, cften cvith'�; okca windocvs �.�d flat tires. Another trait of used car iQts is their tendency to become eyesores in the waq they aze main#ainCd snd Uteir tendency to use gaudy, ugly, often home-made si *�e. The "Imperiat" lot near Highway b 1 is a �;ood case in point Since these independent Lots are not usually very profitable, ihey frequenity atCempt to SeIS other itexns or conduct other busiaesses on the same site. This ftuttxer degrades the site and the tocal area, isut is difficnk to controL Please do whatever you can to make sure the proposed used car lot is no approved. Thanks for your help. t of 2 9l23/07 2:39 PM £0 39tid II�Nfi0.?Ll�RiLSZQ 9bE4i05i54 bZ:OL L00Z/4I(0I • � � ray,c . �l i Patricia James - file no: 07-169-078 6�-!I �� �: "gerrit21@earthiink.neY' To: Date: 10/16/07 2:55 PM Subject: file no: 07-169-078 _CC: "Kathy Lantry" Regarding the proposai to turn the fand at 373 Ruth Street from a car repair shop into a used car 4ot, we would like to express concern. Thaf intersection is close to neighborhood housing and already carries a lot of tra�c. Adding the unsighiliness and commotion of a used car lot, with its excessive signage and poter�tial for brir�ging crrrie to th2 surrounding environment, would detract from District 1, which is stiil a relatively.safe and healthy piace to raise children. The area does not need a used car lot. By potential for bringing crime to the neighborhood, we refer to the theft of catalytic converters and other auto parts from anywhere vehicies are stored in large numbers. Larger businesses, such as auto dealerships, already are struggling to maintain security. A small used car lot, isolated from other such businesses, would be a prime target for people who can strip a car in minutes. lt woufd also be a target for car thieves. Good security is expensive, and a smafl business might not be able or willing to to pay for it. We feel that car dealerships, resale lots and other related shops should be located in an area where such businesses are clustered, for the sake of shared security and also for aesthetic concerns. Paul and Jean Wulterkens 413 Tatem Road, St. Paul 55119 • 651-739-8190 � file://C:\Documents and Setkings\James.STPAiJL�I,oca1 Settings\Temp\XPgrpwise\4714DOFlma... 10/16/2007 a�—�i�� ZQNIt11G COMMiTTEE STAFF REPORT 1. FILE NAME: Galaleidin Hussein , 2. APPLtGAA1T: Gata{eldiz� Hussein 3_ TYPE OF APPLICR710N: Condi6onal Use Permit 4. tOCATION: 373 Rufh Sf N, NW comer at Oid Hudson Rd. FtLE # 07-137-769 HEARfN6 dATE: September 11, 2007 5. PIN & LEGAL DESCRIPTfON: 352922310048, HUD50N ROAD GARbENS SUBJ TO STAND EX?N �P� FT L£}T 4 AND �X W 1II0 �T 7�iE S 40 FT OF LOT 3 ALSO SUBJ TO HWY AND EX VV 10Q FT LOT 5$LK 8 6 PLANNING DtSTRICT; 1 7 ZONINCa CObE REFERENCE: §65.706; §61.501 PRESEN3 ZONiNG: B3 8. STAFF REPflRT DATE: September 5, 2007 BY: Patricia James 9. DAFE RECEIVED: August 23, 2007 60-DAY DEAPLW E FOR ACTION: Octo6er 22, 2Q07 A. PURPOSE: Cohditonal Use Permit for outdoor auto sales for 20 cars B. PARCEL StZE: Irregular pareel, approximately 168 ft. (OId Hudson} x 940 ft. (Ruth). Total fot area is 35,283.6 sq. ft. C. EXISTING LAN13 USE: A-Auto Service Sta6on . D. SURROUNQING LAND USE: North: Commerciai building (63) Easf: Auto service station (B3) Soufh: f-94 right-of-way (B3} West: Restaurant (B3) E. ZONING CODE CITATION: §65.706 p�rmits outdoor auto sa[es subject #o cc^�+:Yions; §6?.5v1 listsygerreral conditians that must be met by al} conaitional uses. F. HISTORY/D:SCUSSIQN: A Texaco gas s#ation was constnacted on thts site in 1962. fn 2008, Sinclair (the curren# ownee) proposed to reconfigure the site and convert the station tp an auto convenience market with a car wash. TMe Pianning Commission approved the Conditional Use Permit #ot the projeci (Z.F.,# Q6-075-59i}. A Site Plan Review for the proposed auto convenience market and car wash was also initiated {File #06-Q70089). This use was nat established, G. DISTRIGT COUNCIL RECOMMENDATION: The Districf 1 Council had not commented at the time this staff report was prepared. H. FINDINGS: • Sinclair did nof esfablished the auto convsnience market use for which it abtained a conditiona{ use permit in 2D�6, and has instead ieased the property to the appiica�t, who operates a general auto repair business at this location. The applicanf states #Maf the u�derground ga5 tanks and pumps wi)I be removed by the owner. SeC. 65.703 of the Zoning Code defines °auto serviee sfiafion" as A ptace where gasoline ar any other acrforrtobile engine fue! (stored oniy in underground tanks), kerosene, mofor oil, lu6ricants, grease (for operetion of motor vehiclesJ, or minor aecessories 8re retai/ed directly to #he publio on #he premises andfor ivhere the servicing ormino�repa+r of au#omabiles may occur.{emphasis added) Therefore, the Department of Sa€ety and tnspec6ons has determined #hat the apptican# does �aot need a CUP-�or auto repair fior his business. The appNcant sta#es that he iritends #o do minor repairs onty, not engine retiuilding or fransmission work. This is consistenf with fhe aufo service stafion defini#ion, as opposed to fhe definition of °auto repair station° in §65705: A ptace wbere the following services may be carried auf: general repair of automobiles, fnrcks, moforcycies, boats, eic ; engine rebui/ding; and re6uildirrc� or reconditioning of motor vehicles. The sale of engine fuels may or may not atso be earried on. 2. The appticant wishes to estabiish ouhJoor auto saies of used cars on this site, whicfi he Zoning F1e # 07-137-768 Zohing Committee Staff Report Page 2 expects to purchase within a year. He states that he wili purchase used cars at auctions, make minor repairs to them, and sell them on this property. At this time, he expects thaf most of his au#o repair wark will be vehicteshe has purchased for resale, with fewer vehicles being brought in froin the general publia Whife his originaf application-was to offer 25 cars fior sale, he has since sfated thaf 20 cars are su{ficienl. 4: See. 65.70fi pertnits outdoor auto sales and 2ntat subjed ta the following conditions: (aJ The !of or area shaii be provided Yvith � permanen� durabfe and dustless surface, and shai! be graded and drained so as to dispose oi a!1 surface wafer accumulated within the area. This condition is met. The lot is mostly paved; altfiough there is some grdvei norYh of the betilding. (b) Vehieular access to fhe outdoor sales area shail be atleast sixty (60j feet from the ints�section of an�±�n+o (2J streets, This condition can be met The access from Oid Hudson Road and the norfhem access from Ruth are more than 60 feet from the intersection: The southem driveway on Ruth does not meet this condition. The appticanf states that he will dose offthis driveway, which wiil satisfy fhis condition. (c) �C''1i 5. l�io repair or refinishing shalf be done on the lof unless conductec3 wfthin a completely enctosed tiuilding. This candition is rrtet The appiicant agrees to repait vehieles oniy in the service bays. No refinishing of vehicles is being proQosed, The minimum lot area shall be fiffeen ihousand (15,000) square feet. A site plan shal! be submitfed shawing the layout oi�e vehiGes forsale orren#, employee parking, and cusfomer parking. This condition is met. The Iot area is over 35,OQ0 sq. ft. The applicant's sife pian sho�us tlte sales area south of tFre b� :dir,y „earest t� � �cmer of Ruuti and Oid Nudson Road. The area appears sufficient forthe sale of 22 vehicles. While the appGcant briginafiy requested_ 25 autos for safe, he now says 20 vehicles tivouid ba enough. (e) ln fhe case of pawnbrokers, the businesses Shal! be separafed from residenSatly zoned propeKy by a�stance ofone hundred #'ffty (150) fee€measured from properly line #o property iine...: The applicant is not a pawnbroker, so.this condifion daes not apply. §61.501 1is#s five standards #haf afl eondifional uses must satisfy. (1) The extenf locaSon and infensityoffhe use will be in subsfanSal compliance wifh #he Saint Pau1 Comprehensive Plan and any appticable subarea plans whfch were approved by fhe cify councit Thas condifion can oe met i he Sun Ra�Suburban Small Area Plart Summary, adopted by the Gity Councii irt 2004, provides a visiort forthe�r�vitalization of the SuR Ray- Suburban commercial areas, which irtclude this site. 'The pian eails for °era4ing a pedestrian-0riented environmentwith sfireeiscape amenities...streetscape ameni6es �nn1l include sireet frees, decorative street lights, street fumishings, ptanter boxes; sidewalks 6- 10 fit. wide; and 8ecessible pedestrian connections," .The sfreetscape enha�cements to Ruth Sireet have not been designed a# this time; however an i!lustrative diagram in fhe pian shows an 87 fE right-of=vuay to accommoda4e fhis design. The Cortditional Use Permit approved iri 2006 for fhe auto convertience market added a conditi0n that an additional 1 Q ft of right-af-way be provided to the City for the streetsqpe enhancements, 4f fhis conditibn is added to the permit for outdoor auto sales, #he application wiFl be consistent with the Sun f2ay-Suburban Area Plan Summary. (2J The use wilf provide adequate i�gress and egress ta minimize t�affrc congestian in the pnblic sfreefs. This condition can be met, as the appiiqnf has stated he wif! ctose off the soutlierly Ruth St'dtiveway. The remaining iwo entrances wili provide adequate ingress and egress and witl minimize traffic cortgestion. (3) The use wit! rrot be detrimenfal to the existing characfer of the developmen# in #he immediate neighborhood or endanger ttte public health, saFefy and generaf welfare. 7"his • • � u r 1 LJ Zoning File # 07-137-768 Zoning Committee Staff Report Page 3 ��-i��� condifion is met The use is compa6bie with ifs location nexf to a freeway interchange and the auto service sfation across Ruth. (4) The use avilf nof impede the normal and orderty development and improvement of fhe surrounding proper(y for uses permifted in fhe district This condftion is met. The use meets aIl the conditions of §65.702 as {ong as fhe nonconforrning entrance is closed, and it will rtot inferfere with the deve(opment o# other permitted uses in fhe B3 district. (5) The use shall, in alI other respects, confarm to the appCrcable regulations of the disfricf in �vhich it is loeated. This condition is me#. Onee tfie nonconforming entrance is dosed, the use appears to conforzn to the requirements in the 63 disficf; The applicanYs plans, which were noi arau�rn fo scale, should be reviewec# by site pian review sfaff in the Department of Safety and fnspections to ensure its adequacy and legaiity. Possible issues fa be reviewed indude paving of the entire lot, appropriate striping of oarking statis, and necessary landscaping. The off-sfreet parking requirement for the bofh uses is 11: 6 spaces for the auto repair and 5 spaces for auto sales. Using the isquirement for auto sales v�rith aecessory auto repair, fhe parking requirement would be 7 spaces, wh(ch ran be provided on the Iot. STAFF RECOMMENDAt{QN: Based on the above findings, staff recommends approval of the Conditona] Use Permit for outdoor auto sales subjec# to #he condition that the applicanYs sife pfan is reviewed and approved by City staff, including fhe follawing: a. The southem driveway an Ruth Street is appropriately closed nff. b. The lot is paved and striped to show off-street parking, and the sales area is arranged to camply wi#h city stanclards. c. A 10 ft. strip of lanct along Ruth S#reet is eeded to the Ciiy fior future streetscape improvements. d. Other Iandseaping and sife plan issues as determined by City stafiF, • s SA7N7 � � � • � .. - � {2 PA V L � �.{�'"y� F q,.•x�z.. � � • � I ' t • f I I ' I • • � sY �� "�. � ��'ti. . � � � `"'.- aaA :,, � ., � - ,. , l :� ,�.� �� =" ��='�`.�--�`���v. . . ��«=r���e . , •. , , =�- .� �""9'- "Q-�Y ��-., � `��'" APPL(CANT PROPERTY LOCATCON Name - �� L.��'l_ �� {�!1 �-f L/ �f �_-1�CF/f ' : . . — - . Addr.ess f �� � � „Q( �-/l�� �,� __ ��/P . . .. Cify�o.pein�"T� . fif. ��Zip S S"O��_DayfimePhone b(Z. Zv2-oy�i Name of Cwner.(if difFerenf) :N �in ��Il� y' 74 �P �O I i vt o Confact Person (if differentj � L" ��� � C= �� Pfione Address 1 Location . � � � ��t ,� S 1 _ -� r � � � _ N'1f�1 S�n b�7 Cegal Descripfion CurrentZonirtg � �:� (atfach additional sheef if necessary) , � • 7YPE OF PERMIT: Application is h'ere6y made for a Conditional Use Permit under provisians of . Ci�apter ��� Sectio� ! d r�aragraph ' of the Zoning.Code. SUPPORTtNG MFORMAT[ON: :Ex�[ain how the use wilt meeE'atl of the applicaBfe standards and coRditions. (f you are requesfing tnodification of any speciat conditions orsEandards for a conditionat use, explain why the modification is needed and how it meets the requiremenfs for.modificafion of specia( canditions in Section 61.502 of Ehe Zaning Cade. AfYach additional sheeEs if.nece'ssary. ...:.'. ." r --_ . . .: � � ��r- l� �� � : ' _ . �� L � - . - �, � . . � . �,�� � ,. 5 � . . ��. - . - - -� � ..: . . . ❑ Required siYe plan is atfached: :. � ` , , . -. _ � , .. . ; � . . .: . I:.�,�� i,�. Applicant's Signature '' Date �- �2�_c�'�=- City Agent _ ,.�. . _ _ - ._ - ._ : . ,�. ,'._ . . ' .'. . '..,:: : . , _. . . , : ... - . , �S. �.3�0`� KVom+slscapapp.wpd i(SNS �,' . .� .. ... .. � .. . . . . . . ABA and Auto Sales. Address: 373 Ruth St N St. Paul, MN 55119 This is the desigti planning far auto sales. My plan is that I am going to close the e�t on Ruth St., which is close to the intersection of Ruth St. and OId Hudson St. 3'hen also the pump will be removed by the owner soon. Last I woui�i ;ike to requesi a�,a.ik;ng glace il�at has 25 par'�iri� �paces, ar��i abolYi 5 extra customer parking spaces and no employment parking. Now I have a license for auto ?�epair in that locatien THANK-YOU, Galaleldin Haroon Hussein Tele: 651-735-6500 Cell:612-7Q2-0444 � • • �� % / � ; � � w � ` � i� - � �: � ( )n --- C 7d '/,����� ��� � � ���� C` - 1 , . � ��,�`���� ` �� � � � 1 � L' f _ , � ���� . bA� ��� e� �o� 3 �� ��,�. D7�//�� 3 �3 ���� S 5 � -��_ nrl�f SS l/ 9 � ! ��� � �� l � �, c� �`� � j J � � ,� � � � �' a �:__�� , > � � :� � �, � � � � � - � � � �-- .� �- ��`� D S C`�l_ S t r Z.F. # 07-137-769 ��� _ ��^�..,.- . _ - "> Page 1 � • • �ite at N W comer Ruth aud Old Hudson Rd. (auto sates area) Auto sates atea 3N �' ��. I t � . ���. ° : ���:: ` w 4 � � �� � � � � � � u:i � ... � � � .. . \� ' >��� V " � <'� � ���� �� � � � � -� _>�= �,<_: ,;:� ,. -: :�;_. y� i �. m£ry �`Y. ��. _ � r � � 3 � _ $ I E ' .�; 3 � . yY��.-� ,�..� °zq °ie.v^�.�Y ,�� .� . 1 � CITiZEN PARTICI?ATf-0 DIS AIGTS' 6��-Il�`� CITIZ.EN AARTICIPASIQN PS_APiNING"DISTRICTS � �UNRAY=BATil.€CREEk-HT�HW006 �� GRE}tTER EAST �IDE. . 3.4tEST SID€ . 4.DAYT6N'S.BLFIFF.... 5: PAXNE-PHR�EN. _ :�-� .. 6.NO-RTH END. ' 7.THOMAS=:BkLE � �_. B,SUMMIT-UN.IVERSITY . � - 9.�1JEST SEVENTH. . 1�.COINO� . �y 11.NAMLINE-MIDWAY � # ° 72_ST. ANTt10t�Y 13.MERRFAM PK:-LE�IPk�TthE NAMLINE ' • 14..GROV€IAND=MACAtEST�R-,. .' ' 15.HI6MLANII � � .. . 96:SUM�iIT NIl.L � 17.a0WNTOWN. - . �' � " - - �:£: ; � , � . � : � .. . � :}.^-�� _'� - - _� __ " ' - '7 :.�is�..-'1�.. ;'�� f - 4 � . � ' , � ,"� . � �.yyz . J�" � } Z / i {' � A. �� .4 � . � 'Y y�� `y ��. _ 1'"� "`� ,«�' _ " . - � 'r` , � . ..-, i =� _ � ;a•x� - ' ' _ .�'�: �- . . .- . . ,� 2�.c,��" �� - '_ t ._;,_:�-::. . :. '^-� ` ' _ , -.a.. ' : :. i s:..o[: : _ ..' ._ ^� ... .. ... �...._: ...� .. . . _ w:. - .�....<.�:. ^' � J ` ^:'.... ,-i..: _- , . .. ' . . � -� ` � "-. . '_ ' "__ .:s`�,"s `%,-.".�`:_�_�.. �� �' _ ___ � " . . . t.oaLiCF,N7'lil'7�Cl+_\e��� \��.���i��, � LEG�NO PURPOgEI,Dh� N� � � z�ni�g district tuundary = ILE 1' _ DP,7E �S '27"O 1_� .� suS;eci prop=_;,y �� a, �,\ �ltdG. DIST.� h,iR° r � o- on_ lamily . x n� �` comma:_�a: ro � ��??� � h.•;olamily P =.> industri=' _ ,_ . ���....... . k�.Q multiple_famity. _-., .. _..S' vacan: _. (11/19/2007) Mary Erickson - Fwd: 373 Ruth St. old Sinclair station proposed car1ot Page 1; 07�11�7 From: Patricia James To: City Council - Letters Date: 11/19/2007 12:01 PM Subject: Fwd: 373 Ruth St. old Sinclair station proposed car lot FYI. This e-mail refers to the appeal of Galaleldin Hussein to the Planning Commission's denial of his request for a conditional use pertnit to sell autos. The public hearing was continued to this Wednesday, Nov. 21 due to Mr. Hussein's illness on Nov. 7. Patricia ]ames »> On 11/19/07 at 1139 AM, <bobnmarviCalcomcast.net> wrote: TO THE DISTRICi ONE COUNQL We are residents of distrid 1, address is 489 Mystic St. St. Paul,Mn.55119. This property has been owned since 1977.We are strongly against having a used car lot on the corner of Ruth St.and Old Hudson Road. Not only would it be unsightly but also a magnet for theft and crime. Sinclair Corporation owns the land and should be required to dutifully and lawfully remove the underground fuel tanks lowted on the property. We believe that Sinclair does not have a sterling record of environmental responsibility. It is too bad that the public is invited to give input at a meeting scheduled very inconveniently on Thanksgiving Eve at the dinner hour of 5:30pm. Your W ly, Robert and Mary L Butler-Levine (11121/2007j Mary_Erickson Fwd: 373 N.Rutli St, proposed car�lot� ' � � � �� � � �� � ���� ' �� �� � ��Page 1 � Prom: Patricia James To: Ciry Councii - Letters Date: 11i20J2007 4:16 PM Subject: Fwd: 373 N.Ruth St, proposed car lot FYI. Patrida James >» On 11/20/07 at 4:01 PM, <babresinaColcomcast.neU wrote: Members of the City Council, �7'�1�� This a request to refuse a permit to Mr. Hussein for a auto sales business on the property at 373 N.Ruth St. A proposed car lot on the above property does not favor the SunRay Suburban Smali Area Plan. The Majesty Car Sales site would be a better location. Thank You , Beverly and Larry Bresina �� 07-//77 My name is Angie Stehr. I live at 1656 Burns Ave. and am a resident in District 1. I currently serve on the District 1 Community Council and also served on the SunRay- Suburban Small azea plan task force which developed the associated small area plan. As a resident, I am personally strongly opposed to granting a conditional use permit for outdoor auto sales at 373 N. Ruth St. I am also here representing the District 1 Community Council which also stands in strong opposition to granting this pernut. 'I'his site, located on the corner of Ruth and Old Hudson Road falls along the SunRay- Suburban Small area plan boundaries. The district council has been working hard to develop this area as a pedestrian friendly commercial center for the district. While B2 zoning may allow such conditional use as the auto sales, the SunRay Suburban Small area plan does not. I believe that any exceptions to that plan and it's vision should meet a very high bar of providing a unique service or opportunity to our distr_ct, adding ar. element of vitality or excitement, and enjoy a high level of community support within the district. This proposal fails on all counts. We already have auto sales nearby on Suburban Ave. just a few blocks away. A lot full of parked cars adds no element of vitality, quite the opposite in fact, and the project faces overwhelming, indeed near universal, community opposition. In the district, we aze struggling with a number of factors while we endeavor to bring the vision of the small area plan to fruition. We have had our successes such as the installation of the planters and old-fashioned lantern lighting along Suburban. Amongst our struggles are the rolling vacancies in the area. It is in this light that we consider every request such as this very carefizlly to determine whether it will strategically help our neighborhood gain strength and get closer to the vision we have for it. We ask for your support of our recommendation in this case to deny the request for this permit. Thank you. Angie Stehr 1656 Burns Ave. St. Paul, MN 55106