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07-766Council File # �lo Presented by " - e - . . � �� ��Ck �TY OF S �` `�� _ . '� � )LUTION PAUL, MINNESOTA Green Sheet # 3042930 �� z 3 4 5 6 7 x v io it iz 13 14 15 t6 i� t8 19 20 zi zz 23 za zs 26 "`--� � Resolution Granting a Refund of the Zoning Appeal Fee Subm'dte�Iby Summu Aill Association Regarding tlze Application ofNoodles and Company. WHEREAS, on April 23, 2007 City of Saint Paul staff reviewed the proposal for the development of a Noodles & Company restaurant at 777 Grand Avenue and found that the business was not to be operated as a fast food restaurant; and WHEREAS, the Summit Hill Association/District 16 Planning Council appealed this staff determination to the City's Board of Zoning Appeals, largely based on the definition of fast food restaurant as refined by the Saint Paul Planning Commission in 2002; and WHEREAS, the City's Board of Zoning Appeals granted the appeal of the Summit Hill Association/District 16 Planning Council on June 4, 2007 in Zoning File # 07-093604, finding that Noodles and Company was proposing a development which would meet the definition of fast food restaurant in the City's Zoning Code; and WHEREAS, Jenifer Kent of Edina Properties appealed the determination of the City's Board of Zoning Appeals to the Saint Paul City Council arguing that the Board had erred in its findings and subsequent determination; and WHEREAS, the Saint Paul City Council voted on July 5, 2007 to uphold the June 4, 2007 Board of Zoning Appeals decision that the Noodles and Company proposed development at 777 Grand Avenue does meet the definition of fast food restaurant as articulated in the City's Zoning Code; and WHEREAS, the Summit Hill Association has formally requested a refund of the $435 zoning appeal fee paid on May 2, 2007; now, therefore, be it RESOLVED, that the Saint Paul City Council hereby grants the request for the refund to the Summit Hill Association of the $435 filing fee associated with bringing this matter to the attention of the City's Board of Zoning Appeals. Yeas Nays Absent Benanav Bostrom x Harris Helgen Lantry Montgomery x Thune JC �O � � Adopted by Council: Date Adoptio�l,�ertified by C unci ecretary � l By: a,,,,r��,�,r��,nna.,�.� narP � Z�/ I� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D7-7�6 i Departmentloffi� i C� {ouncil ! ConWCt Person & Phone: DaveThune 266-8620 ; Must Be on Councii Agen � 22-AUG-07 ! Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Racquel Naylor Contact Phone: 266-8573 14AUG-07 ( Green Sheet NO: 3042930 � i uepartmen� sent io rerson 0 ounc0 Assign I 1 ooneil Denarhnent Director Number Z i Clerk For Routing 3 Order 4 I 5 Total # of Signature Pages _(Clip All Locations for Signature) Granting a refund of the $435 Zoning Appeal Fee submitted by Summi[ Hill Association regarding the Apptication of Noodles and Company. �oanons Npprove �H) or te Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this person/firtn 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 separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � Advantages If Approved: I Disadvantages If Approved: � 4-- __ i Disadvantages If Not Approved: i � � Total Amount of Transaction: j Funding Source: Financial Information: � (Explain) I - - August 14, 2007 9:15 AM Cost/Revenue Budgeted: Activity Number: 6� r. , ,��� 3 � ��6� Page 1 � 7 7�� Summit Hill Association District 16 Planning Council 860 Saint Clair Avenue Saint Paui, Minnesota 55105 Telephone 651-222-1222 Fax 651-222-1555 www. summith il lassociation. org e-mail: summithill@visi.com July 27, 2Q07 Councilmember Dave Thune City Hall, 15 W. Kellogg Blvd., Suite 310B St. Paul, MN 55102 Dear Councilmember Thune {Dave), As the Summit Hill Association/Dis#rict 16 Planning Council was successful in its June 4, 2007 appeal, before the Board of Zoning Appeals {BZ1k), of the City PED staff ruling thafNoadles and_ Company is "not a fast food restaurant'; and as#he St. Paut Gi#y C,ouncil voted on July 5, 2007 in support of the June 4th BZA ruling; �the SummiYHill AssQCiatior� i�formatly�repuesting a reimburse�ment of the� $435 zanir�g appeal�fee pa�id on�IV�ay 2; 3007: �. _ � Tbanks for all your wo�k for the�district and the city. .�. _ � �_ �nce eiy, � eff Roy � �� � �. " � Summit M' 1 Association Director .