07-1196Council File # � ��.7 V
Green Sheet # ����
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RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
WIIEREAS, Pursuant to Minn. Stat. § 462.357 and Leg. Code § 64.400, Abway LLC, in PED
Zoning File No. 07-184-825, duly applied for an interim use permit to continue an auto body
repair business at 1190 University Ave W, being legally described as MIDWAY INDUSTRIAI.
DIVISION SUBJ TO ESMT & VAC ST ACCRUING & FOL; PART OF LOTS 2,9,10, & LOT
11 BLK 1& PART OF LOT A BLK 1 B OF EXT CL OF LOT 4& PART OF LOTS 4,5 & LOT
6 BLK 2 ALL LYIlVG NLY AND WLY OF A LINE BEG AT NW COR OF S 200 FT OF BLK
2 TH E 264 FT, PIN 342923410051; and
WHEREAS, Minn. Stat. § 462.3597 permits the governing body of a municipality to allow
interim uses if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
(4) the user agrees to any conditions that the governing body deems appropriate
for permission of the use.
Any interim use may be terminated by a change in zoning regulations; and
WHEREAS, on November 15, 2007, notice of a public hearing before the City Council
regarding the said interim use application was duly published in the City's official newspaper
and notices were duly mailed to each owner of affected property and property situated wholly or
partly within 350 feet of the property of the proposed interim use; and
WHEREAS, on December 5, 2007, a public hearing was duly conducted before the City Council
at which all interested parties were given an opportunity to be heard and the Council, having
considered all the facts and the report and recommendation of staff concerning the application,
voted to approve the interim use for the following reasons as set forth in the staff report:
(1) The use conforms to the zoning regulations. § 62.106(0) of the Zoning Code
states: Existing auto body shops located in zones other than industrial zones shall
be considered, for purposes of changes in nonconforming uses, as B3 uses. Auto
body shops that are legally nonconforming in B3 zoning districts may expand
even though auto body shops are not permitted uses in B3 zoning districts.... This
section of the code enables existing auto body shops that are nonconforming
because they are located in B3 districts to expand, something that most
nonconforming uses are not allowed to do under the zoning code. While the
existing auto body business is not legally nonconfornung (it is rather an accessory
use that no longer is associated with a principal use), it is an existing business.
The business is not asking to expand, but rather to continue operation for a
specific period of time as an interim use. Upon City Council approval of the
interim use, the auto body business will conform to the zoning regulations.
.�
�+iz
TEMPORARY INTERIM USE PERMIT APPROVAL: 1190 UNIVERSITY AVENUE
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(2) The date or event that will terminate the use can be identified with certainty. �.� �/ /n �
The applicant has proposed that the interim use be approved for five years, based �
on the anticipated schedule for plauning and construction of the Central Corridor
light rail transit line (LRT). This five-year period would start upon City Council
approval of the interim use. (Approval in December 2007 would result in a
termination date of December 2012, which is stil] prior to the expected opening of
the LRT line in 2014.)
(3) Permission of the use will not impose additional costs on ihe public if it is
necessary for the public to take the property in the future. While additional
planning for the Lexington station area and zoning amendments for the entire
Corridor will be completed in 2008, the transit station is expected to be located
within existing street zight-of-way. It is unlikely that the public will need to take
this property for the light rail development prior to the end of the proposed
five-year interim use period. Permitting the interim use is thus unlikely to impose
additional costs to the public if it is necessary for the public to take the property
after the five year period has ended.
(4) The user agrees to any conditions that the governing body deems appropriate
for permission of the use. The user has agreed to upgrade the landscaping along
University Avenue and to continue to comply with applicable city licensing,
building, and zoning codes. Any interim use may be terminated by a change in
zoning regulations. The use shall be terminated five years after its approval by
the City Council.
[Lines 69 - 97 intentionally left blank]
�ii_i!-u�
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67�!/ �(�
NOW, THEREFORE, BE IT RESOLVED, that the application of Abway LLC for an interim use
of property legally described as 1VIIDWAY INDUSTRIAL DIVISION SUBJ TO ESMT & VAC
ST ACCRUING & FOL; PART OF LOTS 2,9,10, & LOT 11 BLK 1& PART OF LOT A BLK
1 E OF EXT CL OF LOT 4& PART OF LOTS 4,5 & LOT 6 BLK 2 ALL LYING NLY AND
WLY OF A LINE BEG AT NW COR OF S 200 FT OF BLK 2 TH E 264 FT, commonly laiown
as 1190 University Ave W is hereby approved, subject to the following conditions:
l. The business improves the landscaping along University Avenue in
consultation with City Site Plan Review staff.
2. The business complies with all applicable zoning, licensing, and building
codes;
3. Approval of the interim use expires five years after City Council approval.
AND BE IT Fi.JRTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to
the Applicant, the Zoning Administrator, and the Planning Admimstrator.
Requested
Adoption Certified by Council Sec ry
By: / / //lA� d�C�'�/�./!
Approved by Mayor. / L t � 7
By: �
By:
Form Approved by CiTy Attomey
a p I.✓ 1��.�.�_ I 1- I 1- o�
FoRn Apprw+ed�by Mayor for Submission to Cou�cil
BY '�.�����
(�✓lz-lt-��
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
n?-![q(�
DepartrnenUoffice/couecil: Dateinitiated:
cA -���A�� tt-OEG07 Green Sheet NO: 3047251
Conpct Person & Phone:
Peter Wamer
266-8710
Doc. Type: RESOLUTION
�
Assign
Number
For
0 ' Attorne
1 CStvAttornev DenarLmentDirector
2 ' Attorne �L.-� 1��!�
3 a r's O�ice INa or/Assistant
4 �CounN
5 ' Clerk Ci C7erk
E-Document Requiredc Y
DocumeM CoMact: Julie Kraus
Order
Contact Phone: 266-8776 � �
Total # of Signature Pages _(Clip All Locations for SignaWre)
Memorializing City Council's December 5, 2009, motion to approve an interim use pemut, with condirions, to conrinue an auto body
repair business at 1190 University Avenue West in Saint Paul.
iaanons: Hpprove �H� or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firtn ever worked untler a contract for this department?
Yes No
2. Has this perso�rm ever been a city employee?
Yes No
3. Does this perso�rm possess a skill not normally possessed by any
cuvent city employee?
Yes No
Explain all yes answers on separate sheet and atlach to green sheet
Initiating Problem, lssues, Oppoduniry (Who, What, When, Where, Why):
The Council is cequired pucsuant to the City Chartei to have its acUOns ieduced to writing dependent upon the nature of the matter
before it. The decision of the Council in this matter required a resolurion in order to comply with the Charter. Approval of the
attached resolution fulfills the Council's duty under the Charter.
Advantages If Approved:
None
Disadvantages If Approved:
Failure to approve the xesolution violates the Ciry Cf�arter requirement.
DisadvanWges If Not Approved:
Transaction:
Funding Source:
Financial 1 nformation:
(Explain)
Activity Number:
CostlRevenue Budgeted:
December 11, 2007 1:3� PW1 Page 1
DEPARTMENT OF PLANNRJG &
ECONOM[C DEVELOPMENT
Cecde Bedor, �irector
Q
r� �
CTTY OF SAINT PAUL
Chnstopher B Cofeman. Nlayor
November 9, 2007
Ms. Mary Erickson
City Councii Research Office
Room 310 City Hall
Saint Paui, Minnesota 55102
Dear Ms. Erickson:
25 Wes( Fwrth Stree[
Sa:nt Paul, MN55/02
Telephone: 6�1-266-6700
Facsrmde: 651-228-3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
December 5, 2007, for the following zoning case.
Zoning File Number:
File Name:
Applicant:
Address:
Purpose:
07-184-825
ABRA Auto Body
Abway LLC
1190 University Ave W, between Lexington and Griggs
Interim use to continue auto body repair business
i have confirmed this day with Councilmember Montgomery's office. My understanding is that
this public hearing request will appear on the Council agenda on or before the November 28,
2007, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal
Ledger. Please call me at 651-266-6639 if you have any questions.
Si rely,
�
. �
Patricia James
City Planner
cc: File #: 07-184-825
ApplicantlAppellant: Abway LLC
Mr Ron Fiscus
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
NO'fICE OF PUBLIC �ARrnTG
The Saint Paul City-Coimcff will con-
duct a public hearin�+ on Wednesday, De-
cember 5, 2007, at 5:30 p.m. in the City
Council Chambers, Third Floor, City
Hall/Courthouse, 15 Kellogg Boule-
vazd, St. Paul, MN, to consider the appli-
cation of Abway LLC (ABRA Auto Body) for
Interim Use to continue auto body repair
business at 1190 University Avenue West
(between Lexington Avenue and Griggs
Street). [ZF 07-184-525]
Dated: November 13, 2007
MARY ERICKSON,
Assistant City Covncil Secretary ,
(NOVembu 15) -
_____= ST. PAUL LEGAL LEDGHR —__ '_
22152154
AA-ADA-EEO EMPLOYER
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CITY COUNCIL INTERIM USE STAFF REPORT
1. FILE NAME: ABRA Auto Body FlLE # 07-184825
2. APPLICANT: Abway LLC
3. TYPE OF APPLICATION:Interim Use
HEARING DATE: December 5, 2007
4. LOCATION:1190 University Ave W, between Dunlap and Griggs
5. PIN 8� LEGALDESCRIPTION: 342923410051; MIDWAY INDUSTRIAL DIVISION SUBJ TO
ESMT & VAC STACCRUING & FOL; PART OF LOTS 2,9,10, & LOT 11 BLK 1& PART OF
LOT A BLK 1 E OF EXT CL OF LOT 4& PART OF LOTS 4,5 & LOT 6 BLK 2 ALL LYING NLY
AND WLY OF A LINE BEG AT NW COR OF S200 FT OF BLK 2 TH E 264 FT
6. PLANNING DISTRIC7:13
7. CODE REFERENCE: Minnesota Statutes § 462.3597
8. STAFF REPORT DATE: November 27, 2007
EXISTING ZONING: 63
BY: Patricia James
9. DATE RECEIVED: October 29, 2007 60-DAY DEADLINE FOR ACTION: December 28, 2007
A. PURPOSE: Interim use to continue auto body repair business
B. PARCEL SIZE: Irregular parcel; 105,817 sq. ft. with approximately 170 feet of frontage along
University Avenue
C. EXISTING LAND USE:Auto body repair
D. SURROUNDING LAND USE:
North: Commercial uses (B3)
East: Health and Fitness club (B3)
South: Parking and medical office (B3, OS)
West: Office (B3)
E. ZONING CODE CITATIOIV: Minnesota Statutes § 462.3597 defines an interim use as "... a
temporary use of property untii a particular c6te, until the occurrence of a particular event, or
until zoning regulations no longer permit it. It further states:
Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses.
The regulations may set conditions on interim uses. The governing body may grant
permission for an interim use of property if
(1) the uss conforms to the zoning regufation�
(2) the date or event that wi�l terminate the use can be identified with certainty
(3) permission of the use wiil not impose additional costs on the public if it is necessary for
the public to take the property in the future;and
(4) the user agrees to any conditions that the governing body deems appropriate for
permission of the use.
Any interim use may be terminated by a diange in zoning regulations.
F. HISTORYiDISCU5S10N:ln 1987 an application for a conditional use permit fora new car
dealership (ZF#10180) was approved. In 1994 an appiication for a determination of similar
• use to determine if an auto body shop operatingseparately from the auto dealership at this site
would be permitted in the 63 zoning district (ZF#94087) was withdrawn after discussion with
staff, when it was determined that auto body repair in leased space within an auto dealership in
the B3 zoning district can be operated only as an accessory use to the dealership. In the letter
Zoning File 07-184-825
City Council Staif Report
Page 2 of 3
withdrawing the application, the applicant (Midway Chevrolet/Hyundai Suzuki) stated that an
auto body shop would only be operated as an accessory use to the dealership, and hat a
condition of the lease would be that if the dealership ceases to operate at this location the auto
"body shop accessory use will also be terminated ° In March of 2007 an application for a
determination of similar use was made to determine whether theauto body shop is similar to
an auto repair shop. The Zoning Administrator found that the "auto body shop was not similar
to an auto repair shop or any other use permitted in a B3 zoning district." A public hearing on
an application for establishment of legal nonconforming use status (Fife # 07-142815) was
held before the Zoning Committee of the Planning Commission on September 27, 2007. The
application was subsequently withdrawn by the applicant, and the currentapplication for
interim use was made.
G. DISTRICT COUNCIL RECOMMENDATION: The District 13 Council recommended approval
of the prior nonconforming use permit and also recommended that the business reducethe
number of parking spaces along University Avenue and substitute public green space
H. FINDINGS:
•
1. In 1994 it was determined that auto body repair in leased space within an auto dealership
in the B3 zoning district could be operated only as an accessory use to the dealership. (A
stand-alone auto body repair shop is first permitted in the ti Light Industrial zoning district.)
At that time the applicant (Midway ChevroleUHyundai Suzuki) stated that an auto body
shop would only be operated as an accessory use to the dealership, and that a condition of �
Yhe fease would be that if the dealership ceases to operate at this location the auto "body
shop accessory use will also be terminated ° In May of 2007 Midway Chevrolet closed,
causing the current tenant, ABRA Auto Body, to lose its accessory use status. In
anticipation of this closure, an app6cation for a determination of similar use was madeto
the Zoning Administrator in March of 2007, to determine whether the auto body shopwas
similar to an auto repair shop. The Zoning Administrator found thatthe auto body shop was
not similar to an auto repair shop. An application to establish the auto body use as Iegally
nonconforming was then submitted but laterwithdrawn by the applicant, based ona
memorandum from the City Attomey's Office that accessory uses cannot become principal
uses through the nonconforming use permit process and recommending applying for
interim use as an alternative. The applicants are now appfying to continue the auto body
business as an interim use, as defined in Minnesota Statutes.
2. The property is located in the Central Corridor, within %4 mile of the proposed Lexington
Station and is therefore subject to the Central Corridor Interim Overlay Zoning Ordinance.
The ordinance explicitly prohibits the establishment of anynew use for auto sales and
rental, auto repair, auto service station, auto convenience market, auto specialty store or
car wash in station areas. Permanent regulations are expected to be adopted within the
year. Because future regulation is uncertain, and development of LRT and redevelopment
of this area is likely to be at least a few years off, the applicant propos�s a�year
effectiveness period for the interim use.
3. Minnesota Statutes § 462.3597 lists four findings that must be made by the City Council in
approving an interim use:
(?) The use conforms to the zoning regulations. § 62.106(0) of the Zoning Code states: •
Exis6ng auto body si�ops located in zones other than industrial zones shall be
considered, for purposes of changes in nonconforming uses, as 83 uses. Auto body
Zoning File 07-184-825
• City Council Staff Report
Page 3 of 3
0�-1�91�
shops that are legally nonconforming in 83 zoning districts may expand even though
auto body shops are not permitted uses in 63 zoning districts....This secfion of the
code enables existing auto body shopsthat are nonconforming because they are
located in B3 districts to expand, sorrething that most nonconforming uses are not
allowed to do under the zoning code. While the existing auto body business is not
legally nonconforzning (it is rather an accessory use that no longer is associated with a
principal use), it is an existing business. The business is not asking to expand, but
rather to continue operation for a specific period of time as an interim use. Provided the
City Council approves the interim use, the auto body business will conform to the
zoning regulations.
(2) The date or event that will terminate fhe use can be identified with certainty. The
applicant has proposed that the interim use be approved for five years, based on the
anticipated schedule for planning and construction of the Central Corridor light rail
transit line (LRT). This five-year period would start upon City Council approval of the
interim use. (Approval in December 2007 would result in a termination date of
December 2012, which is still prior to the expected opening of the LRT line in 2014)
(3) Permission of the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future. While additionai pianning for the
Lexington station area and zoning amendments for the entire Corridor will be compieted
in 2008, the transit station is expected to be located within existing street righPof-way. It
• is unlikefy that ihe pubfic will need totake this property for the light raii development
prior to the end of the proposed fiiv�year interim use period. Permitting the interim use
is thus unlikely to impose additional costs to the public if it is necessary for he public to
take the property after the five year period has ended.
(4) The user agrees to any conditions that the governing body deems appropriate for
permission of the use. The user has agreed to upgrade the landscaping along
UniversityAvenue and to continue to comply with applicable city licensing, buifding, and
zoning codes.
Any interim use may be terminated by a change in zoning regulations. The use shall be
terminated five years afterits approval by the City Council.
I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the
interim use to continue an auto body repair business at 1190 University Avenue W., subject to
the following conditions:
1. The business improves the landscaping along University Avenue in consuitation with City
Site Plan Review staff
2. The business complies with all applicable zoning, licensing, and building codes;
3. Approval of the interim use expires five years after City Councii approval.
•
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� PlanScape Partners
Innovative solutions, lasteng relationshi�s.
October 29, 2007
Ms. Sarah Zom
City of St Paul
Departrnent of Pianning and Economic Development
25 West Fourifi Street
Gty Hall Annex, 1400
St. Paul, MN 55102
RE: Application for Interim Use, ABRA Auto Body & Glass, 1190 W. University Ave.
Dear M5. Zom:
The ABRA Auto Body & Glass faality in the Midway neighborhood, St. Paul, MN, has
operat� at 1190 W. University Ave. for the past 11 years. The building is owned by
Krebsbach Properdes and is leased by Abway, L.L.C. The property is located in the &3
zoning district. ABRA was previousfy permitted as an accessory use to the Midway
Chevrolet auto d�lership. With the departure of Midway Chevrolet from the
. neighborhood, ABRA lost its accessory use status and is hereby applying for °interim
use° status in compliance with Minnesota Statutes Chapter 462.3597. This would allow
ABRA to continue to serve the neighborhood in compliance with requirements that
would be applied to the use by the St Paul City Council.
The neighborhood has been well served by ABRA's operations. Tweive people are
employed in the facility. The Cotai payroll in 2007 is expected to exceed $650,000.
Average salaries in this faality in 2006 were $55,807, renging from a high of $91,122 to
$23,875. Annuai compensation of five of the employees was in a range of $50,000 or
higher for the year. Many of the empfoyees live in the neighborhoods surrounding the
facility. There is a strong need in S� Paul to retain these head-of-househoid level jobs.
ABRA will continue to provide excellent employment opportunities through this proposal.
ABRA Auto Body & Glass has maintained a strong management philosophy that requir�
a"good neighbor" policy and a positive corporate presence in the neighborhoods in
which they operate. According ta St. Paut's zonfng enforcement staff, there have been
no violations of zoning requirements from ABRA's operations.
Much of the company's expansion in the Twin Cities and in other cnmmunities has
occurred as a result of the strong relationship it has developed, being the referral repair
faciliry of choice among the insurance indusdy. Same 80°� of ABRA's business comes
from this relationship. Most vehictes to be repaired are driven to the site. No "totafed°
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vehicles are allowed to be delivered to the site. As vehicles are evaluated, if a car is •
determined to have been toialed, it is imm�ately removed to an auto recycling fadlity.
Most customers visit the site by appointrnent Customarily, vehicies first arrive at the
site for an evaluation and �timate and are drivabfe. Fotlowing that visit, repairs are
scheduled. A vehicle's customary stay for repair is three to five days. Seven to eight
vehicles arrive for repair each day and seven ta eigFrt leave with repairs complete. Most
of the vehicles repaired at ABRA facifities are 0-5 years old.
Ample parl6ng e�dsts on the site. Ffty-twa Rarking sta!!s for customers e�ast irt tt�e lar in
front the building. In addition, 20 stalls for staff are located on site, east of the building.
An area surrounded by a security fence is laated south of the building in which vehicles
awaiting repair are focated. The service and repair activities mairrtained on the site wifl
all occur within the building.
ABRA con�stently adheres to strict waste disposal standards, minimizing impacts to the
environmen�
Improvements to the site appearance are proposed with this interim use request
Landscaping wiii be improved. F�dsting overgrown or unsightly shrubs will be replaced
with new materials. Small shrubs and perennials wiil be instalied between the parking
lot and the sidewalk adjacent to the north property line for a more attractive stre�scape
along University Ave. These will be a combination of spirea and daylilies that wiii •
provide adequate screening of qrs while maintaining visual security aa�s to the
parking lot from University Ave. 6ccelient sight distance will be maintained at the
driveway entrance to the site.
It is understood that this neighborhood is included within the Centrai Corzidor
Developmerrt Strategy planning initia�ve in antiapation of the light rail transit extension.
It is e�ected that, within the next year, new regulations for the location of auto related
us� may be adopted and will be implemented over the ensuing yaars_ The exact
impact to ABRA's continued opportunity to remain at this site is unlmown. For that
reason, ABRA proposes that ifie interim use be granted for a specific period of 6me that
corresponds with the ptanning process, the everrt�aal development of viable proposats for
redevelopmerrt of the site and the date the site may be needed for redevelopment.
Given the timing of the neighborhood planning and the antio� length of time for the
redevelopment process, it is proposed that a five year period wouid be appropriate for
the interim use.
Abway, LLC, respectfufly requ� favorable mnsideration of this ir�erim use proposai
since it appropriately addresses each of the four aiteria for approval established in
Minn�ota Statutes:
1. The use conforms to the zoning 2gu/ations The &3 zoning district in which
the properly is located aliows auto body repair facilities as accessory uses to auto
dealerships, but not as outright permit.ted uses. However, Chapter 61.106 of the Gty's
zoning ordinance specificalty provides that, °E�dsting auto body shops located in zones a
other than industrial zon� shall be considered, for purposes of changes in
Page 3 D�� 1' (� �
!
• nonconforming uses, as B-3 uses." This language seems to estabiish an intent for
fle�dbility for auto body shops and that they can be maintained and even expanded
under certain circumstances. This satisfies the test that the use conforms to the zoning
regulations that apply to auto body shops in the &3 zoning district.
2. The date o� euent that wi// terminate the use can Ge id�tified with cer[ainty.
We propose that tt►is interim use be approved for a five year time peria! from the date
it becomes effective.
3. Pem�ission of(fie use wi//notimpose additiona/ cosls on the pub/ic ifitis
necessaryfor the pub/ic to bke the properlyrn the fulvre The specific five year
effectiveness period for the interim use will assure that additional public costs wiil not be
incurred if a public taking of the property becomes necessary.
4. The useragrees to any conditiorts that thegoueming body deems appropriate
fo�permission offt�e use. No additional conditions are arrticipated, other than a
rec}uirement that the use of the property continue to comply with the City's zoning
regulations and that the proposed landscaping improvements be instalied and
maintained. It is agreed that these conditions will be strictly adhered to.
Great neighborhood support has been exhibited for ABRA's rnntlnued operation in this
� laation. In the previous proposal for a nonconforming use permit, whicfi was recent{y
withd�awn to aliow this interim use proposal, 100% of the surrounding property owners
signed consent forms supporting approval of the permit A letter of strong support was
re.ceived from the Midway Chamher of Commerce. University United registered an
opinion of no objection to the proposal, and the District Council 13 Land Use Committee
recommended its approvai.
Thank you for your consideration of this interim use proposal. We hope this proposal
will be approved to aliow ABRA to continue to provide great jobs in the neighborhood
and maintain a well-run, successful business on this property while the City completes
its plans for the futvre of the neighborhood.
If you have any questions about anything related to the request, please contact me at
(612) 344-9898 or at rtiscus@pianscapepartners.com.
Sincerely,
Ronald ll Fscus
.
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Sepiember26, 2Q07
Citp of St Paul planning Commissioa
City Ha1I
St Paul, M�V 551 dl
Chair Brian A1ton and Commissioners:
I azn writing nn beha[f ofAERA Auto Body & Glass re;ard'mg their
appIicarian for a non-conformiag use peimit w�ih the CiTy of St PanI to
�ohtinue thezr aperations at 1 I96 University Ave, as they have for the past
1I years.
The Midway Chamber of Cattunerce � bee*+ very im�i le.a. as aa
ach�ocate for �es�ai Gorridor with federal, state and loca! o�ciais to
ad� the project for funding, T�'e have also utilized our events and
communications to keep our ffiembership informed of the process for
planning far lighi rail both with 8ie Nfet Council and the City of St Paul.
As a princigle par�ec witfi tha Centra( Corridor part¢�}� �, were
instnuaenta2 in tt:e cization of the Czntral Corridor Bvsiness Advisory
Co�cil (BAC) to proizde business input diiectly ta the Met Council
decision makers and I am the BAC eo-cl�air. I mentioa this to make cIear
our sugport ofthe CenaaI Corridor, even though many of our members are
very coneeraed about anumber of issues related to construction mitigarion
attd resuIting reshictions for Iand use.
O� goal in parlicipating has been to maf�e smz business co7xerns are
addressed dtsing greIiminar5' engineering and eventuat construction. �i'e
have also pazticipaied wfiere possible with the citY's planning pracess for
tand use. We have b�n supportive of the process, but hay consistently
expressed concern related to the timmg of new resuictions with '
construction aztd actaai operation of Iigfit ra� yeazs a�ay. In a�tion,
flaou�iout rhe yeais of discussion, we I�ave expressed a need to protect
and support tfie e�sting businesses that have been here� PaYixfa Propen}'
ta�ces, geaerating revenue �d employing people {many from the local
azea}.
���m s�k � In a fetter to the Ceutril Comdor Task Force ttzai creared the
recommendations for inYerim zoning we stated the followina regarding
Xcel Fscraw, ' eX15t1I1g bi2S131ESSES;
SourFumre °
Ima�e.Inc. '
Spruce Tree Centre • Suite #� • 1600 Unieersity Avenae �Vest • St Panl, MN Sj IQ4
FI�ONE: (b�2) 646-2536 FA_X: {65I} 6¢b_2297 yVgBSITE: www.:rtidwavchamber.com
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Sep 26 07 �1:17a Joe Blasko
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65"— i46-2297 p.3
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• Sp�c grotectians vf the absliiy of current praperty oisvers to
consi�uc# or recansh commercial baildind so long as the nsw
strsetures do not increase the degree of nonconformify with prapase3
reqau�emeats wonld help reassure businesses thaf they w not lose
the r af their inves6nenfs as a resvlt af the f�taire p3an for L:2T.
The tmique situation trefore you is not related to the actual buil�, but to
continue it's ciurent use, which is in peril dae w ihe depariure af Miclw'ay
Che�TOlet. Vr'e couLd not foresee this pazticular sit�aiian when we
sLbmitted our comments to the task force and city council regarding
interim zoning_ BuY supporting ABRA's permit certainly falIs within our
mtznt of protect�nng existing businesses from unintended coasequences of
fattue plannin;.
ABRA provides good wages in an area desperate far job opportunities
4vhere employees can be trained fot skilled Iabor. They have been a
successful business and I understand have submitted improvemeats to the
site appeazance with their pennit request This is a business that cuaendy
mmnejiiCf190 an is �. goo�3 �!ss for t�is srte, Please considet a�+�g �eir
request for a nou-conforming use pemrit
• Sincerely
c ���
ori Fritts
President
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InterdeparEmental Memorandtim
CTTY OF SAIlVT PAUL
�.
DATE: October 24, 2007
TO: Saint Paui Planning Commission: Zoning Committee
FROM: Peter W. Warner, CAO
RE: ABRA Auto Body, PED Zoning FYIe No. 07-142-515. Application to Establish
a Legal Nonconforming Use as an auto body shop at 1190 University Avenne. -------
+ =i*',",-
ti; <The matter noted above was set for a public hearing on September 27, 2007. Zoning staff had
�:.;secommended denial of the application. At the close of the public hearing and during the
' Coriimittee's discussion of the applicafion, I reguested that the Committee lay the matter over to
• ` allow the CAO and Zoning staff an opportunity to fiuther review the applicafion for alternatives to
the recommendation to deny the nonconfonning use application. The putpose of this memo is to
present an altemative approval method that would a11ow the use to continue without recognizing
the use as a legal nonconf'orming use.
BACKGROIJND
The facts demonstrate that the auto body shop use at 1190 University Avenue is an "accessory use"
under Leg. Code § 65.190 even though the use was not "located on the same zoning lot as the
principal use to which it is related." Id. The use history on this site, as recited in the Zoning
Manager's letter of April 20, 2007, explains how the present use became an accessory use. _ The :fee
owner's letter of June 8,1994 demonstrates that the fee owner fu11y understood that the use was ari
° accessozyuse. This history makes it clear that the auto body shop designation was neither a mistake
nor aberration and that the use was incidental to a principal use.
LEGAL ANALYSIS OF NONCONFORMING USE APPLICATION FOR THIS USE . "
The issue presented by this application is whether an e�cisting accessory use is sufficient to_ establish
a protected nonconforming use where the principal use that the accessory use is dependent upon no
longer exists. Although no reportedMinnesota case addresses this specific issue, as a generat ra1e,
courts from other jurisdictions that have ruled on the issue have held that an accessory use standing
alone cannot establish a protected nonconfonning use. See, Rathkop� The Law of Zoning and
Plannine, § 33.5 (Ziegler, ed.) (2005). It is my opinion that Minnesota's courts would follow fhe
holdings in the various cases cited under § 33.5 ofRathkopf and it is my advice thaf an "orphaned"
accessory use cannot and should not be permitted to assume principal use status using a
• nonconforming use theory.
AA-ADA-EEO Employer
AN ALTBRNATIVE ZONING METHOD TO PERMIT THIS USE •
It is my opinion that there e�sts an alternative method to permit the auto body use at 1190
University Avenue under Minn_ Stat. § 4623597. This method does not require a decision on the
paz of the Planni�ng Commission. Ittstead, Mian. Sfat. § 462.3597 vesfs the authority to pernut
"interim uses" in the City Council.
Minn. Stat. § 4623597, Subd. 1, eatitled "definition" states: "An `interim use' is a temporary use
of property untitl a particular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it " Minn. Stat § 4623597, Subd 2, entitled "authorit}�' reads as
follows:
Zoning regulations may peimit the goveming body to a11ow interim uses. The regulations
may set conditions on interim uses. The governing body may grant permission for an
intetim use ofproperty if:
(1) the use conforms to the zoning regulations;
(2) the date or event that wi]1 terminate the use can be identified with certainty;
(3) permission of the use will not impose additional costs on the public if it is
necessary for the public to take ffie property in the future; and
(4) the user agrees to any conditions that the goveming body deems appropriate for
permission of the use.
It is my opinion that fhe auto body use at 1190 University Avettue can meet the statutory .
requirements of Minu. Stat. § 462.3597, Subd. 2 for the following reasons.
First, although Leg. Code § 66.521 first pemuts auto body shops as a principal use in Il zoning
districts, Leg. Code § 61.106(0) specifically provides that "E�sting auto body shops located in
zones other than indnstrial zones sfiall be considered, foz purposes of chaages in nonconfomurig
uses, as B3 uses." Despite the fact that the auto body slaop at 1190 University is an "orphaue�"
accessory use and not a nonconforming use, it is an "e�sting" use and it is located in a B3 zoning
disirict. Because Leg. Code § 61.106(0) states that e�sting auto body shops shall be treated as B3
uses for pLUposes of changes in nonconforming uses or that eausting nonconforming auto body uses
in a B3 dishict can actuaIly expand, it would be reasonable to read a legislative intention to ireat
existing auto body shops vvith some degree of fleicibility. In a zoning code as complex and precise
as the Saint Paul zoning code, to find tfiis IeveI of fle�bility applied to such a specific use category
implies that it would not be unreasonable to grant an "interim use" classification to this use -
especially where, as here, the use is Iocated in a B3 zoning districf.
Second, the applicanthas alreadqproposed aperiod of$ve years for the operation ofthe auto body
shop. This determines the terminakott date with certainty.
Third, at the end ofthe five-yeaz period, the auto body shop will cease opera#ion. If the City should
acquire the shop after that period of rime, a"going concern" valuation will not be necessary. If the
City acquires the shop prior to the date of eapiration of the interim period, some form of resolution
can resolve that issue, including condemnation with a lease back period •
AA-ADA-EEO Emp]oyer
� �-�i��
. Fourth, the applicant seems willing to abide by appropriate condition that the City might impose.
CONCLUSION
For the reasons noted above, the Committee has a number of options that it might choose from:
1. The Conunittee could act on the staffreport and recommend denial of the Nonconforming Use
Permit. The applicant can appeal this decision to the City Council.
2. The Committee could act on the staffreport and recommend approval of the Nonconforming Use
Pemiit In this case, the Committee would have to prepare amended findings to support its decision
under the requirements of Leg. Code §§ 62.109(a)(2)(4)(�(7) as well as finding No. 4 in the staff
report. This decision can be appealed to the City Council.
3. The Committee might reopen the public hearing for the limited purpose of consulting with the
applicant to detenniue whether the applicant might formally withdraw the Nonconforming Use
Permit application and proceed to apply to the City Council for "interim use" status under Minu.
Stat. § 4623595 which can be granted by the City Council, based upon its making the findings nofed
above under Miun. Stat. § 462.3597, Subd.2 at a public hearing before the City Council, which is
required Mimi. Stat. § 4623597, Subd3. Such a hearing would require Zoning staff to prepare a
report and recommendarion for the City Council. t1s Staff has already completed a report on the
Nonconfonning Use Permit application, aznending the report to comply with Mum. Stat. § 462.3597
would not take substanfiailymore time and the Committee, as it has done in the past under sisnilaz
• circumstances, could have the fee already paid for the Nonconforming Use Permif applicarion,
applied to the interim use application. PW W
•
AA-ADA-EEO Emp7oyer
Public hearing re 1190 W. University Ave. ZF#:07-142815
Page 1 of 1
Sarah Zom - Public hearing re 1190 W. Univetsity Ave. ZNY#:07-142815 .
FYom:
To:
bate:
Snbject:
CC:
Sarah:
Theresa Heiland
9/27/2007 2:01 PM �
Publichearingre 1190 W. UuiversityAve. ZF#:07-142&15
Pahicia James , Scott Banas
Per my phone message re: ZF#:07-142815, nonconforming use permit to allow establishment of auto body
and glass facility.
The District Counci! 13 Land Use Committee recommends approval of the CUP and also recommends that the
business reduce the number of parking spaces along University Avenue and substitute pubiic green space.
•
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