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
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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
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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
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(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
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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 _
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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
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Saint PaU
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APPIICANT
PROPERTY
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Zoning File Name ��1�dLFfJ/� /f�� j1�s�t�/�1 �
Address / Location_ 3�-; _,YQti I1.[ ST— S � iD L_ W/��L c�t / q
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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� -
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of decision)
20�''�. File Number: 6 7— 1�`] — 7�o�
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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.
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(attach additional sheet if necessary)
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DEPAR?MENT OF PLANNING & �`1
ECONOMICDEVELOPMENT LJ
CedZBedor, Director °••°"°°••
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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
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AA-ADA-EEO ENiPLOYER
DEPARTMENT OF PLANNING & .
ECONOMICDEVELOPM&NT .
SA�NT
PAUL
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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.
•
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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)
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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
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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
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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
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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
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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
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file://C:\Documents and Setkings\James.STPAiJL�I,oca1 Settings\Temp\XPgrpwise\4714DOFlma... 10/16/2007
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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)
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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
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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,
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APPL(CANT
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Cegal Descripfion
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(atfach additional sheef if necessary) ,
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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. ...:.'. ."
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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
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(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