07-9051 WHEREAS, Shamrock's Grill, in Zoning File No. 07-092-813, made application to the Saint
2 Paul Plamiing Comuussion (hereinafter "the Commission") pursuant to Leg. Code §§ 61.106 and
3 .202(b), to renew a deternvnation under Zoning File No. 04-097-904 that a proposed outdoor
4 restaurant was similar to an accessory outdoor restaurant for property located at 1001 7"' Street
5 W, [PIN No.11223140038] and legally described as THOMAS DALY'S SUBDIVISION OF
6 BLOCKS 18 & 31 OF STINSON, BROWN & RAMSEY'S ADDITION EX SWLY 19 FT
7 TRIANGLE FOR ST AI�D EX PART INCLUDED IN A H KOEF3LERS RE A PART NWLY
8 OF W 7'� ST OF LOTS 15 AND LOT 16 BLK 31; and
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WHEREAS, on July 5, 2007, the Commission's Zoning Committee, in accordance with the
requirements of Leg. Code § 61303, held a public hearing at which all persons present were
given an opportunity to be heazd pursuant to said application and, at the close of the public
hearing, moved to deny the application finding that the nature of the operation would be
dissimilar in character to an accessory outdoor restaurant and because the traffic generated by
the patio would not be similar to that of an accessory outdoor restaurant; and
WHEREAS, on July 13, 2007, the Commission, based on the evidence presented at the Zoning
Committee, as substantially reflected in the minutes and upon all the records in this matter
moved to deny the said application based upon the following findings of fact as set forth in
Planning Commission Resolution No. 07-51 which is incorporated herein by reference:
1. The previous DSU permit expired in December 2004. This application
requests a renewal of the determination that the proposed outdoor
restaurant (patio at 1001 W. 7t St.) is similar to an accessory outdoor
restaurant. The principal indoor restaurant, Shasnrock's Grill (995 W. 7"')
has since changed ownership, but the properties at 997 W. 7"' (Subway)
and the triangular parcel at 1001 W. �`� remain under the same ownership.
2. This application hinges on the same issue as the previous application: the
fact that the proposed accessory patio use is not located on the same
zoning lot as the indoor restaurant, as required by §65.910. Section
65910 defines an accessory use as "a...use which is clearly incidental to
customarily found in connection with, and (except as provided in section
63.300) located on the same zoning lot as the principal use to which is
related. " The Subway restaurant sepazates the indoor restaurant
(Shamrock's) from the accessory patio at 1001 w. 7�' Street.
3. Outdoor restaurants (patios) aze permitted in the TN2, TN3, B2-BS,IR and
Il-I3 zone districts, and are accessory uses to indoor restaurants or a
fanners' market. If found that this proposed non-adjacent outdoor
restaurant is similar to a typical outdoar restaurant, then it complies with
the properiy's B2 zoning.
Suspension Item Council File# 07-905
�� Green Sheet # 3044513
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4. The outdoor restaurant has proposed hours operation from ll AM - 12 ����
midnight, from Monday-Saturday. It is proposed to feahue a portable baz
and portable grill to serve customers. Ail food and drink for customers on
this pario will be made and served from these portable facilities. Access
to the property will be from Osceola Ave., via the sidewalk by way of the
reaz of the principal restaurant building. The main garbage receptacle wi11
be behind the principal building but the patio area will have trash
receptacles as well. The owners pian on playing music on a small stereo
for the customers on the patio. The applicant has provided signatures of
approval of the owner of a hair salon business at 468 Osceola Ave., as
well from tenants of residential units above this business.
5. §61.106 states: When a specific use is not listed in the zoning code, ...the
Plazuiing Commission shall determine if a use is or is not similar to other
uses permitted in each district. The...Plamiing Commission shall make the
following findings in deternuning one use is similaz to another:
(a) That the use is similar in character to one (1) or more of the
principal uses permitted. The proposed use is not similar in
character to accessory outdoor restaurants, which are permitted in
the B2 district, as the proposed use is not on the same zoning lot as
Shamrocks's, which is the indoor restaurant to which it would be
accessory. If the proposed use were a patio for the Subway
restaurant at 997 W. 7"', ti would be considered on the same zoning
lot and would be a permitted use.
(b) That the traffzc generated on such use is similar to one (I) or more
of the principal uses permitted. The traffic generated by this
outdoor restaurant is not very likely to be similar to the traffic
generated by a typical accessory outdoor restaurant that is
immediately adjacent to the principal indoor restaurant. According
to the Zoning code, accessory restaurants do not require any
additional parking to be provided. Nonetheless, the appiicant has a
verbal agreement with the property owner of 675 Randolph
Avenue, to allow the restauranYs customers to use Bank
Cherokee's parking lot after 6 PM.
( c) That the use is not first permitted in a Zess restrictive zoning
district. The proposed outdoor restaurant use is not first permitted
in a less restrict zoning district.
(d) That the use is consistent with the comprehensive plan. The Land
Use Chapter of the Comprehensive Plan, which designates the
Randolph/West 7`� area as a pedeshian-oriented village center.
The Brewery-Ran View Small Area Plan borders the site across W.
7` Street, recommends that new uses be found for vacant parcels
along this street.
6. According to the Department of Safety and Inspections, there is a conflict
behveen the recently-amended City Legislative Code, and Minnesota State
law regarding liquor licensing. Section §409.0616(g) os the City licensing
code states that for seasonal outside service azeas, the council may by
resolution, permit any licensee to sell or serve intoxicating liquors in areas
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outside the building structure which are unmediately adjacent to and ��,�� �
contiguous with the structure containing the licensed premises, or on
property leased or owned by the licensee which is within forty-five (45)
feet of the property line of the licensed premises. The properiy at 1001 W.
7th St. does fall with 45 feet of the principal Shamrock's restaurant (38'
from property line to properiy line). However, this is in conflict with
Miimesota State Statute §340A.410, Subd. 7 which states that a licensing
authority may issue a retail alcoholic beverage license only for a space
tivs is compact and contiguous... While a DSI senior licensing staff stated
that she would not recommend a liquor license to be approved given this
conflict with State law, based on §409.06.16(g), the City council could
still approve such a license.
The Fire Inspection Division of DSI visited the property and reports that
access to and from the property and the type of food/liquor service
activities on the property would need to be reviewed by this division if
this permit is approved by the Plam�ing Commission.
8. The Police Deparhnent Inspections and Records divisions report that there
have been no service calls received for 1001 W. 7�' St. from January 1,
2004 to present.
WHEREAS, Pursuant to the provisions of Leg. Code § 61.702 (a), George LeTendre, on July 23,
2007 duly filed an appeal from the determination made by the Commission (Zoning File No. 07-
120-131), and requested a hearing before the City Council for the purpose of considering the
actions taken by the said Comxnission; and
WHEREAS, Acting pursuant to Leg. Code § 61.702(b), and upon notice to affected parties, a
public hearing was duly scheduled before the City Council on August 15, 2007; however, the
public hearing was continued to September 5, 2007; and
WHEREAS, on September 5, 2007, a public hearing on the said appeal was duly announced and
no-one appeared in opposition to the appeal; however, the attorney representing the appellant
appeared and indicated on the record that the appellant was aware of certain conditions the
Council desired to impose and that the appellant did not oppose any of the conditions the
Council desired to impose on the subject application, whereupon the conditions were read into
the record and the public hearing was closed; and
WHEREAS, there being no opposition to the said appeal, the Council of the City of Saint Paul
does hereby
RESOLVE, That the said application to renew a determination of similar use is hereby approved
subject to the following conditions:
1. The business shall provide and maintain working video surveillance cameras
on the front and back of the building. Camera placement, lighting and video
quality must be approved by SPPD. This equipment must be in operation during
all business hours. Tapes/recordings must be retained for a minimum of 30 days,
and must be immediately available to SPPD or D5I upon request.
2. The business shall provide security at the patio entrance to ensure that alcohol
remains in the fenced area.
3. The patio shall close at midnight.
4. The patio shall be limited to the current fenced area at 1001 W. 7th St. and
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must not expand to the back of the establishment at 995 W. 7th St. �
5. There shall be no live music on the patio. Recorded music provided on the ��' ��
pario will stay under 70 db.
AND, BE IT FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to
Shamrock's Grill, the Zoning Administrator and the Planning Commission.
Requested by Department oE
By.
Form Approved by CiTy Attomey
By:
Form Approved by Mayor for Subm�ssion to Council
B
Approved
1 °�r �a �
B
By:
Adopnon Certified by Council Secyetazy
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
d�- �1��
CO ���
Confad Person & Phone:
CounciimemberThune
Zs6-es2o
Must Be on Council Agenda by (Date):
26-SEP-07
Doc.Type: RESOLUTION
E-DOCUment Required: Y
DocumentCoMad: PeterWamer
Contact Phone:
26SEP-07
�
assign
Number
For
Routing
Order
ToWI # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3044513
U ICounN i
I omcil De artment Director
2 'ty Clerk I C�tv Clerk
3
4
5
Memorializing City Council ac6on taken September 5, 2007 granting the appeal, wifh condirions, of Geocge LeTendre to a decision
of the Planning Commission denying renewal of a determination of similaz use as an outdoor restawant for Shunrocks Grill, 1001
7th StreetWest.
iaanons: Approve (A) or Ke�ect (RJ: Personal5ervlce Contrads Must Answer the Fotlowing 4uestions:
Planning Commission
1. Has ihis personlfirm ever worked under a conhact for ihis department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this pe�sonlfirm possess a skill not normally possessed by any
cuttent city employee?
Yes No
Explain alt yes answers on separete sheet and attach to green sheH
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages IfApproved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Rnancial lnformation:
(Explain)
CostlRevenue Butlgeted:
Adivity Number.
September 27, 2007 10:02 AM Page 1
6 �-���
Interdeparhnental Memorandum
CITY OF SAINT PAUL
DATE: September 26, 2007
TO: CM Thune
FROM: Peter W. Wamer, CAO
RE: Shamrock's Grill Appeal
CM Thune. Attached is the resolution to mem�alize the Council's decision to grant the appeal in
the Shamrock's Grill appeal from September,l%2, 2007. The conditions stated reflect exactly what
was read into the record. I would strongly suggest that you suspend the rules and move this matter
for adoption today in order to assuage any potential issues with the 60-day rule. Because this is a
resolution, it does not require the signature from the City Attorney's Office. I cannot sign-off on
the resolution as-to-form because the Council did not identity where or how the planning
commission erred in when it denied Shamrock's original request. However, as I understand the
facts, the conditions stated in the resolution reflect the conditions that were acceptable to the
property owners surrounding Shamrocks as weli as Shamrocks itself. Accordingly, I have inserted
those conditions into the resolution as they were stated on the record. PWW
AA-ADA-EEO Employer
CTI'Y OF SAIN'I' PAUL
Christopher S. Coleman, Mayor
July 27, 2007
Ms. Mary Erickson
City Councii Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
1>�-10-r
DEPARTMENT OF PLANNING & �
ECONOMIC DEVELOPMENT
Ceale Bedor, Drrector ��'���
2� West Fourth Streer 7elephorse: 651-266-6635
Saint Paul, MN55102 Facsamile. 65I-228-33I1
Re: Zoning File #: 07-120-131
File Name: Shamrocks Grill Appeai
Appellant: Mr. George LeTendre
Address: 1001 7th St W, Triangular parcel bounded by Osceola Ave., and W. 7th
St.
Purpose: Appeal of a Planning Commission decision to deny renewal of
determination of similar use as outdoor restaurant (Zoning File #[insert
file no. of decision being appealed] )
City Council Hearinq: Auqust 15, 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:
Attachments:
cc: Zoning File #: 07-120-131
Appellant: Shamrock's Grill
City Council Members
District Council: 9
Wendy Lane
Larry Soderholm
Peter Warner
Approval with conditions
District 9 had not made a recommendation
Denial, vote: 5-0
2 people spoke, 1 petition was received
4 people spoke, 2 letters were received
Denial, vote: unanimous
September 21, 2007
Luis Pereira, 651-266-6591
Planning Commission resolution
Planning Commission minutes,
Zoning Committee minutes,
Correspondence received NOTICE OF PUSIdC HEARING
Staff Report packet �rne s�c �,� cs�y co,u,� w;u �n-
duct a public he.aring on Wednesday, Sep-
tenber-5, 2007. at 5:30 p.m. in the City
Council Chambers, Third Floor. City
fIall/Courthouse, 15 West Kellogg Boule-
vara, sz ra,al, NIIV, to cons5aer tne appeal
of George LeTendre to a decision of the
Plazming Cosmnission deny3ng renewal of
termination of similar use as an ouWoor
resTaurant for Sl�amrocks Grill at lOQl
Rh Street West (Public hearing continued
finmAugustl5)(ZF07-120-131) -
Dated: August 27, 2007 �
MARY ER[CKSON,
Assistant City CoUncff Secretary .
(August 301
--�-- ST. PAUL LEGAi. LEDGER =—___ -
22145833
AA-ADA-EEO EMPLOYER
" APPLICATION FOR APPEAL
Depar[menf ofPianning and Economic Deve[opment
Zoning Section
I400 City Hall Annex
25 West Fourth Stree[
Saint Paul, MN 551 Q2-1634
(65I) 266-6589
� � !
Name S}.i A- /v� t2 o c� 5 �� 1 G. L
APPLICANT Address ' �I S u� S S T �T'` ST2 E G T
City ST- P/Fu (, St. M f-� Zip S S t o Z Daytime Phone
GGNT
PROPERTY
LOCATION
E�
Zoning File Name
Address / Location }I E GD RN E Qt o r= 6S G E o � q. 3� W• � �
TYPE OF APPEAL: Application is hereby made for an appeal to the;
❑ 8oard of Zoning Appeafs �City Council
� Planning Comm+ssian
Under the provision of Chapter 61, Section Paragraph of the Zoning Code, to appeal a
decision made by the
on � L�- 'i " ( 3 , 20 0� . File Num6er: G�- O`3 e — 8( 3
(date of decision)
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or
refusat made by an administrative official, or an error in fact, procedure or finding
made by the Board of Zoning Appeals or the Planning Commission.
p� /S NoT Lb(yALL� SuPP6i2TE�_
RECElVED
l�UL Z 3 �7
(attach additional sheet if necessary)
G t�'ti�� °°
��S
Applicanf's S+gnatar�v�v��.��' i a�4 - Da4e � Z3 Go � City Agent
K\foxmsjappforappeal.wpd 17/8/04
* George A. LeTendre
Attorney at Law
3900 Northwoods Drive
Suite 250
St. Paul, MN 55112
July 23, 2007
6'�� JD J
RECEj`�ED
JU! Z 5 2pa7
Telephone (651) 332-8735
Facsimife (651) 332-8795
SENT VIA FACSIM4LE & U. S. MAIL
Department of Planning and Economic Development
Zon+ng Section
1400 City Hall Annex
25 VVest Fourth Street
Saint Paul, MN 55102-1634
Re: Shamrocks Grili
Determination of Similar Use
File No.: 07-092-813
Dear Sir/Madam:
Please a�cept this correspondence as my clienYs,, grounds for appealing the
Planning Commission's deniai of its application for Determination Use.
The �roperty in questions is a triangular parcel, bounded by Osceola Avenue
and West 7 Street. Untif 2004 it was vacant, had no defined use, and was a dumping
ground for bottles, cans and debris.
In 2004, the previous owner of Shamrocks Grill, Patrick Fleury, made appiication
(Zoning File #04-097-904) for Determination of Similar Use so that he could use this
property as an outdoor restaurant. Pertaining to said application, the record shows that:
"After �uhlic hearinq �h�r tt�a Saint Pai.al Planni;�g Commission's Zs��?�n� Ga!�mtttPP on
July 24, 2004, the Commission decided on July 2, 2004, that the proposed outdoar
restaurant is similar to an accessory outdoor restaurant because it is located on an
adjoining zoning iot." The vote to approve the app�ication was unanimously supported
by the members of the Zoning Committee. The Planning Commission went on to
provide that: "Permission for the use ends on December 31, 2004, and can only be re-
established upan re-application to the Planning Commission." See copy of copy of
letter dated July 2, 2004 from Patricia James to Patrick Fleury attached hereto as
Exhibit A.
Mr. Fleury greatly improved the property by installing a fence around the entire
perimeter, planting a tree and shrubs, and installing a fountain. Mr. Fleury operated the
outdoor restaur�nt for oniy a month or so. At this time the property is again reverting to
a dumping ground.
6�
The new owners of Shamrocks, Ted Casper and Mike Runyon, made application
(Zoning File #07-092-813) fior Determination of Similar Use on or about June 7, 2007.
The new application is identical in al( respects to the application presented by Mr.
Fleury.
The Zoning Committee of the Planning Commission met on July 5, 2007 to
consider the Casper/Runyon appiication. The same members (Alton, Donnelly-Cohen,
Faricy, Kramer, and Morton) who sai on the Zoning Committee in consideration of the
Fleury application, also considered the Casper/Runyon application. In what some
would consider an arbitrary and capricious decision, the members of the Zoning
Committee voted unanimousiy to deny the appiication. See copy of Minutes of the
Zoning Committee for Thursday, July 5, 2007, attached hereto as Exhibit B. The
Pianning Commission, without taking public comment, approved the denial.
The Zoning Committee denied the application for two reasons. One, they
determined that "The proposed use is not similar in character to accessory outdoor
� �e�iaura7"ts, vvn�cn are permiiied in ine i�c c�i��cz, as the proposea �se is not on m�
same zoning lot as Shamrock's, which is the indoor restaurant to which it woufd be
accessory." The Zoning Committee correctly stated that accessory outdoor restaurants
are permitted in a B2 district. Though the accessory use is not on the same zoning lot
as the indoor restaurant it is separated from the indoor restau�ant use by a Subway
Sandwich Restaurant. The total distance of separation is approximately 40 feet. In
addition, there is an exception to the "same zoning lot" requirement for accessory
parking, which is permitted as long as it is within 3Q� feet of the restaurant. See
§63.304(b).
Also, Section §409.06.16(g) provides that the Council may, by resolution, permit
licensee to sell or serve intoxicating liquors in areas outside the buiiding structure which
are immediately adjacent to an contiguous with the structure containing the licensed
premises, or on property leased or owned by the licensee which is within forty-five (45}
feet of the property line of the licensed premises. As stated above, the indoor
restaurant is located within 40 feet of the proposed outdoor restaurant.
Two, the Zoning Committee denied the appiication because "it was found that
the traffic generated by the patio was not likely to be similar to that of an accessory
nutc�oor restaurant." This desisian is +n d'srect c�ntr�dict'sen te the flnd'snps af staff, which
found that "The traffic generated by this outdoor restaurant is very likely to be similar to
the traffic generated by a typical accessory outdoor restaurant that is immediately
adjacent to the principal indoor restaurant." Also, according to the Zoning Code,
accessory restaurants do not require any additional parking to be provided.
The proposed use as an accessory outdoor sestaurant is consistent with a
number of comprehensive plan recommendations. The Land Use Plan designates the
Randoiph/West 7'�' area as a pedestrian-oriented villa�e center. The Brewery/Randolph
V+ew Small Area Plan borders the site across West 7 Street. It has recommendations
for West 7 that inciude improving the aesthetic character o� the streetscape,
identifying new uses for vacant parcels, and continuing the pattern of streetscape
improvements begun on the northeast of West 7tn
2
� a�-���-
The appiicant could locate an accessory outdoor restaurant on his zoning lot by
using the parking area to the rear of his building. Psoblems with this location include
the fact that if would face Osceola Avenue, which is also a residential street, with
houses across the street and to the north. The accessory outdoor restaurant would be
less intrusive to the nearby residential uses if it were located on the corner as proposed,
and could be a positive addition to the streetscape as called for in elements of the
comprehensive pfan.
Based upon the facts and law above stated, we request the City Council approve
the Determination of Simifar Use, and grant the applicant a permit to serve intoxicating
liquor at the accessory outdoor restaurant.
Sincerely,
.�� `�
George A. eTendre
cc: Ted Casper
3
DEPARTMENT OF PLANNING
8 ECONOMIC DEVELOPMENT
SusanKimberly, Director
CITY OF SAINT PAUL
Randy C. Ke1ly, Mayor
3uiy 2, 2004
Patrick Fleury
Shamrocks Grill
995 W. 7th St.
St. Paul. MN 55102
25 7✓est Fowth Street
Saint Pau{ MN 55702
�
Telephone. 651-266-6700
Facsmile� 651-iy8-3??0
RE: Zoning File # 04-097-904
Determination that the proposed outdoor restaurant at the northeast corner of West
Seventh Street and Osceola Avenue is similar to an accessory outdoor restaurant
Dear Patrick Fleury:
On May 28, 2004, you applied for a determination of similar �rse, asking the PVanning
Commission to find that Shamrocks Grili's proposed outdoor restaurant is similar to an
accessory outdoor restaurant. After a public hearing by the Saint Pauf Pianning Commission's
Zoning Committee on June 24, 2004, the Commission decided on .luly 2, 2004, that the
proposed outdoor restaurant is similar to an accessory outdoor restaurant because it is located
on an adjoining zoning lot. The Planning Commission added 4 conditions to its approval:
2.
3.
�
The use is limited to the existing triangular site only [Parcel Identification Number (PIN)
11-28-23-14-0038, Iegally described as Thomas Daly's Subdivision of Blocks 18 & 31 of
Stinson, Brown 8 Ramsey's Addition ex SWIy 19 Ft Triangle for St and ex Part Included
in A H Koehlers re a Part NWiy of W 7th St of Lots 15 and Lot 16 Blk 31].
The outdoor restaurant wiil not be open later than 12 midnight.
i� ar outdoor restaurant is located in tne parkirgtot o� ?�5VJ. 7ih (Shamrock's Grii+), the
outdoor restaurant use of the triangular property at the northeast corner of W. 7th and
Osceola, (PIN) 11-28-23-14-0038, must be immediately discontinued. It may be re-
estatilished if there is a restaurant use in the building at 997 W. 7th that wishes to use it
as an accessory outdoor restaurant.
Permission fos the use ends on December 31, 2004, and can oniy be re-established
upon re-appiication to the Planning Commission. The Planning Commission shall seek
the advice of the Office of License, lnspections, and Environmentai Protection, the
Department of Fire and Safety Services, the Police Department, and the Fort Road
Federation before re-approving the use.
Encfosed is the Planning Commission's resolution stating its findings and decision.
E°XHIBIT
a �_
�j�-�16�-
Zoning File # 04-097-904
Determination of Similar Use Letter
Page 2
This determination of similar use by the Pianning Commission may be appealed fo the Cify
Council by anyone affected by this action by filing the appropriate appiication and fee at the
Zoning Counter, 1400 City Hall Annex, 25 West Fourth Street. Any such appeal must be fled
within 15 calendar days of the mailing date noted below.
Sincerely,
Patricia James
City Planner
Enclosures
c: File # 04-097-904
Zoning Administrator
License Inspector
District 9
Mail Date: July 2, 2004
AA-qDA-EEO Employer
JUL-23-2007 15�41
P.01i02
��-16�
MINUTES 4F THE TONING CQMMIITEE
7harsday, July S, 20Q7 - 3:30 p.m, .
330 City Hail; 3rd Ploor
City Halt.and Court Hause
15 West Kellogg Boutevard
PRESENT: Alton, Oannetly-Cahen, Faricy, Kramer, and Mortan
EXCUSED: Gordon, Johnson, and Rosemark
STAFF: Patricia James, Carol Marfineau, Luis Pereira, and Peter Wamer
ihe meeiing tivas cha:red �y Commiss��r2r 1�"0� ton.
5hamrocks - 07-092-613 - Renewal of detarmination that tne proposed autdoor restaurant
is similar to an accessory outdoor restaurant,1001 7th St W, NE corner st Osceola
l.uis Pereira presented the staff report with a recommendation of approvat with candifion(s) for
the Determinatian of Similar Use. Luis Pereira alsa stated District 9 had not responded, and
there was 1 petitian in suppart, and 2 lelters in opposition.
At the questions of the Commissioners, Mr. Pereira explained there would be a little grili on the
patio, DSl woutd �eed to review for a food (icens,e:and they woutd a(so have fo apply for a liquor
license. . . ..
George Letendre, representative of the appiicsnt, gave a history of Cha patio property and listed
the improvements that were made. He aiso stated there were no police complaints and that this
would be a good addition ta trie neighborhood.
Upon the qusstions of the Commissioners, Mr. Letendre, explained #he food that would be
served on tha patio and how it wouid 6e served.
Tarn Scanlan, the applicant, stated he owns the pafio property and rents it out fo Shamrocks, he
, stated #here were lafs of improvements made to it and that it would be good for fhe
neighbarhaod.
Tom Casper, General Manager vf Shamroeks,,stated they run a family business, and stated he
needed an outdoor patio to stay competitive, He also reiterated #he improvements that wera
made to the property,
At fhe question of the Comr�issioners, Mr. Casper statetl they wauid have a limited menu on the
patio and also explained how the €ood would be served.
Shiney Lener, �t55 oseeoia, stated she was in op,gosition because of ihe n�ise, traffic, and she
also stated there shoutd be someone policing tha'area.
� - _. ��� -
JUL-23-2007 15�41
P.02i02
D�-%65'
Zoning FDe 07�092-873
July 5, 2007, Zcning Comrnittee Mieufes
Page 2 af Z
Rab Staeieli, 4300 Blackhawk Fid. E., stated he owns rentai property in the neighborhood. He
stated he had concerns perfaining ta the enfrance of the building, traffic, and noise. He also
stated they opposed any additional use af the patio property.
Diane Sfaeleii, 48�Q Btackhawk Rd. E stated tha clientele was misrepresented, and that fheir
customers are hard-drinking people that are very noisy, and make a mess of the neighbQrhood
with the paper cups, and broken glass.
Brice SkeheG, 466 Osceola Ave. S., stated he put 3 trash esns out fiar the debris that comes
from ShamYOCks thaf he has to pick up. He also stated fhere were parking concemS. He aiso
stated 'ne is in opp�sitior io Y2e patio oecause af #�ie r�oi�a, ti�passing ar,d Yz;,,�,ati �in� af ;he
neighborhoad.
George Letendre, representative of the applicsnt, stated there is onfy one residential prpperty
that eits in the B2 zoning, and that all of the other prope�ties are business, He weht on to
explain the 6 foot fe�ce that was �erected araund the patio to prafect the rasidentiai areas. tie
also stated the beauty salon was in favor of the patio. Me expfained why maving the entrance
to the patio would not work. He stated they checked the oity recards and fhere were no
compiaints listed. .
Ths pub4ic hearing was ctased.
After a discussion pertaining #o the entrances to the patio, Commissioner Carole Faricy moved
tlenial of the Determination of Similar Use becaase the use was deteRninad to bs dissimilar in
character to an accessory outdoor restautant, antl because it was fourtd that the tra�c
generated by the patio was not likety to be similar to that af an accessory outdoor restaurant.
Commissioner Kathi Dannelly-Cohen secondetl the motion. Commissioners Krsmer, Alton,
�anneily-Cahen, and Morton voted to deny based on the same rea�ons.
7he motion passed by a vote of 5-0-0.
p Adopted Yeas - 5 Nays - 0 Abstained - 0
Drafted by: � Submitted by: Approved by:
� ,�; �e,�,...�_ �L.P.� ��
Carol Martineau Luis Pereira Gfacfys M on
Recording Secratary 2aning Section ,, Chair
TOTqL P.02
city of saint paul
planning commission resolution
file number o�-5,
date Julv 13. 2007
��-los
WHEREAS, Shamrocks GriV1, Fife # 07-092-813, has applied for a renewal of a determination that the
proposed outdoor restaurant is similar to an accessory outdoor restaurant under the provisions of
§61.106 and §61.202(b) of the Saint Paul Legislative Code, on property located at 1001 7th St. W, Parcel
Identification Number (PIN) 112823140038, legally described as THOMAS DALY'S SUBDIVISION OF
BLOCKS 18 & 31 OF STINSON, BROWN & RAMSEY'S ADDITION EX SWLY 19 FT TRIANGLE FOR
ST AND EX PART INCLUDED {N A H KOEHLERS RE A PART NWLY OF W 7TH S7 OF LOTS 15 AND
LOT 16 BLK 31; and
WHEREAS, the Zoning Committee of the Planning Commission, on July 5, 2007, 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 §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the pubiic hearing as substantially reflected in the minutes, made the following findings of
fact:
1. The previous DSU permit expired in December 2004. This appiication requests a renewal of the
determination that the proposed outdoor restaurant (patio at 1001 W. 7�' St.) is similar to an
accessory outdoor restaurant. The principal indoor restaurant, Shamrock's Grill (995 W. 7�') has
since changed ownership, but the Qroperties at 997 W. 7 (Subway) and the triangular parce4 at
1001 W. 7�' remain under the same ownership.
2. This application hinges on the same issue as the previous application: the fact that the proposed
accessory patio use is not located on the same zoning lot as the indoor restaurant, as required by
§65.910. Section 65.910 defines an accessory use as "a . use which is clearly incid�nta! to,
customarily found in connection with, and (except as provided in section 63.300) located on the
same zoning lot as the pnncipal use to which it is related."
The Subway resta�rant separates the indoor restaurant (Shamrock's) from the accessory patio at
1001 W. 7`" Street.
3. Outdoor restaurants (patios) are permitted in the TN2, TN3, 62-B5, IR, and 11-13 zone districts,
and are accessory uses to indoor restaurants or a farmers' market. If found that this proposed
non-adjacent outdoor restaurant is similar to a typical outdoor restaurant, then it complies with the
property's 82 zoning.
4. The outdoor restaurant has proposed hours operation from 11 AM —12 midnight, from Monday-
Saturday. It is proposed to feature a portable bar and portable grill to serve customers. All food
and drink for customers on this patio will be made and served from these portabie facilities.
Access to the property will be from Osceola Ave, via the sidewalk by way of the rear of the
principal restaurant building. The main garbage receptac4e wiN be behind the principal buiiding,
but the patio area wiil have trash receptacles as well. The owners plan on playing music on a
small stereo for the customers on the patio. The appiicant has provided signatures of approval of
moved by Morton
seconded by
in favor Unanimous to Denv
against
��-�a�
MINUTES OF THE ZONING COMMITTEE
Thursday, July 5, 2007 - 3:30 p.m.
330 City Hali, 3rd Floor
City Hatl and Court House
15 West Keliogg Boulevard
PRESENT: Alton, Donnelly-Cohen, Faricy, Kramer, and Morton
EXCUSED: Gordon, Johnson, and Rosemark
STAFF: Patricia James, Carol Martineau, Luis Pereira, and Peter Wamer
The meeting was chaired by Commissioner Morton.
Shamrocks - 07-092-813 - Renewai of determination that the proposed outdoor restaurant
is similar to an accessory outdoor restaurant, 1001 7th St W, NE comer at Osceola
Luis Pereira presented the staff report with a recommendatio� of approval with condition(s) for
the Determination of Similar Use. Luis Pereira also stated District 9 had not responded, and
there was 1 petition in support, and 2 letters irt opposition.
At the questions of the Commissioners, Mr. Pereira explained there would be a littie grill on the
patio, DSI wouid need to review for a food license and they would also have to apply for a liquor
license.
Geo�ge Letendre, representative of the applicant, gave a history of the patio property and listed
the improvements that were made. He also stated there were no police complaints and that this
would be a good addition to tfie neighborhood.
Upon the questions of the Commissioners, Mr. Letendre, explained the food that wouid be
served on the patio and how it would be served.
Tom Scanlan, the applicant, stated he owns the patio property and rents it out to Shamrocks, he
stated there were lots of improvements made to it and that it would be good for the
neighborhood.
Tom Casper, Generai Manager of Shamrocks,.stated they run a family business, and stated he
needed an outdoor patio to stay competitive. He also reiterated the improvements that were
made to the property.
At the question of the Commissioners, Mr. Casper stated they wouid have a limited menu on the
patio and also expiained how the food would be served.
Shirley Lener, 455 Osceola, stated she was in opposition because of the noise, tra�c, and she
also stated there should be someone policing the a�ea.
Zoning Fife 07-092-8'13
July 5, 2007, Zoning Committee Minutes
Page 2 of 2
6 '1-�0�
Rob Staeleli, 4300 Blackhawk Rd. E., stated he owns rentai property in the neighborhood. He
stated he had concerns pertaining to the entrance of the building, tra�c, and noise. He also
stated they opposed any additionai use of the patio property.
Diane Staeleli, 4300 Blackhawk Rd. E stated the clientele was misrepresented, and that their
customers are hard-drinking people that are very noisy, and make a mess of the neighborhood
with the paper cups, and broken giass.
Brice Skeheli, 456 Osceola Ave. S., stated he put 3 trash cans out for the debris that comes
from Shamrocks that he has to pick up. He also stated there were parking concerns. He also
stated he is in opposition to the patio because of the noise, trespassing and vandalizing of the
neighborhood.
George Letendre, representative of the applicant, stated there is on�y one residential property
that sits in the 62 zoning, and that all of the other properties are business. He we�t on to
explain the 6 foot fence that was erected around the patio to protect the residentiai areas. He
also stated the beauty salon was in favor of the patio. He explained why moving the entrance
to the patio wouid not work. He stated they checked the city records and there were no
complaints listed.
The public hearing was ciosed.
After a discussion pertaining to the entrances to the patio, Commissioner Carole Faricy moved
denial of the Determination of Similar Use because the use was determined to be dissimilar in
character to an accessory outdoor restaurant, and because it was found that the traffic
generated by the patio was not likely to be similar to that of an accessory outdoor restaurant.
Commissioner Kathi Donnelly-Cohen seconded the motion. Commissioners Kramer, Alton,
Donneily-Cohen, and Morton voted to deny based on the same reasons.
The motion passed by a vote of 5-0-0.
Adopted Yeas - 5 Nays - � Abstained - �
Drafted by: ,� Submitted by: Approved by:
;� , T�^�' ��/W�f�C� ��
Carol Martineau Luis Pereira Gladys M on
Reeording Secretary Zoning Section , Chair
(7/5/2007) Luis Pereira - Regarding Shamrock Patio Public Hearing Page 1
From:
To:
Date:
Subject:
"trenterande�son" <trenteranderson@gmail.com>
<f u is. pere ira @ci. stpa ul. m n. us>
7/5/2007 12:14 PM
Regarding Shamrock Patio Public Hearing
6"�-�as
Mr. Luis Pereira
City of St. Paul
Dear Mr. Pereira:
I'm writing regarding the Shamrock patio hearing this afternoon as neither
my husband nor I can attend. I ask that you make our position on this issue
known to the Zoning Committee.
We live on Osceola very near the rear entrance and parking lot of Shamrocks
bar/restaurant. We strongly oppose granting them use of the patio area in
front of the Subway restaurant. Our main issue is that the gate to the
patio is on Osceola. Osceola is a residential street and this is a
commercial business. We are very concerned about the noise, foot tra�c,
and congregation of people between the gate and the rear door to the
establishment, which is rather too near homes.
This business has generated a 1ot of neighborhood parking issues and so we
oppose the expansion of their business without adding more parking. Parking
is likely to become worse when the restaurant at the corner of 7th & Daly
opens, and as construction on the United Health building, across 7th from
this establishment, progresses.
As a near neighbor we were notified when their license was being granted
without a heari�g. I spoke with the wife of one of the owners at that time.
She told me it was a"family place", that there would be "no live music,
only an occasional DJ" and that they had a deal with the bank to use their
parking lot. Please see their ad on page 28 of the July 4 edition of the
Highland Villager - it gives their live music schedule tor 16 days in July
and, as al1 their ads to date have said, that they have a patio; and
apparently they have just now struck a deal with the bank regarding parking.
It seems they either missed the mark with their business plan or they lie to
get their way; neither should be rewarded with expansion at the cost of the
neighbors.
Sincerely,
Kim Anderson and Jim Trenter
443 Osceola Avenue South
St. Paul, MN 55102
ZONING COMMITTEE STAFF REPORT ����
1. FILE NAME: Shamrock's Grifl FILE # 07-092-8'13
2. APPLICANT: Shamrock's Grill HEARING QATE: July 5, 2007
3. 'TYPE OF APPL{CAT10N: Determination of Simitar Use
4. LOCATION: 1001 7th St W, NE corner at Osceola
5. PIN 8� LEGAL DESCRIPTION: 112823140038; THOMAS DALY'S SUSDIVISION dF BLOCKS 18
& 31 OF STINSON, BROWN � RAMSEY'S ADDITION EX SWLY 19 FT TRIANGLE FOR ST AND
EX PART INCLUDED IN A H KOEHLERS RE A PART NWLY OF W 7TH ST OF LOTS 15 AND
LOT '16 BLK 31
6. PLANNING DISTRICT: 9 EXIST{NG ZONING: B2
7. ZONING CODE REFERENCE: §61.106; §65.910
8. STAFF REPORT DATE: June 27, 2007 BY: Luis Pereira
9. DATE RECEIVED: June 4, 2007 60-DAY DEADLINE POR ACTION: August 3, 2007
A. PURPOSE: Renewai of determination that the proposed outdoor restaurant is similar to an
accessory outdoor restaurant.
B. PARCEL SIZE: irregular, triangular parcel with 49.8 ft of frontage on W. 7`", 62.1 ft. of frontage on
Osceola, and an area of 713 sq. ft.
C. EXISTING LAND USE: vacant
D. SURROUNDING LAND USE:
North: Retail and other commercial (62)
East: Retail and other commerciai (B2)
South: Vacant (TN2)
West: Office/Bank (62)
E. ZONING CODE C{TAT10A1: §61.106 authorizes the planning commission to make similar use
determinations when a specific use is not listed in a district. Specific findings must be made.
§65.910 defines an accessory use.
F. HISTORYlDISCUSSION: In Zoning File #04-097-904, the Planning Commission determined that
the then-proposed outdoor restaurant {patio) use located at the triangular-shaped parcel at 1001
W 7` St was similar to an accessory outdoor restaurant. The use was determined to be
accessory to the restaurant located at 995 W. 7�' Street, Shamrock's Grill. The approval inctuded
several conditions, as follows:
1. The use is limited to the existing triangular parce! onty.
2. The outdoor restaurant wiil not be open later than 12 midnight.
3. tf an outdoor restaurant is tocated in the parking lot of 995 W. 7'" (Shamrock's Grili), the
outdoor restaurant use of the triangular propeRy at the northeast corner of W. 7�" and
Osceofa (PIN) 11-28-23-14-0038 must be immediately discontinued. It may be
reestablished if there is a restaurant use in the building at 997 W. 7 that wishes to use it
as an accessory outdoor restaurant.
4. Permission for the use ends on December 31, 2004, and can only be re-established upon
re-appiication to the Planning Commission. The Planning Commission shall seek the
advice of the Office of License, Inspections, and Environmental Protection, the Department
of Fire and Safety Services, the Poiice Department, and the Fort Road Federation before
re-approving the use.
G. DISTRICT COUNCIL RECOMMENDATION: The District 9 Council/Fort Road Federation had not
provided written comments on this application at the time of this report.
H. FINDINGS:
1. As conditions of approval state above, the previous DSU permit expired in December 2004.
This application requests a renewal of the determination that the proposed outdoor restaurant
(patio at 1001 W. 7"' St.) is similar to an accessory outdoor restaurant. The principal indoor
restaurant, Shamrock's Grill (995 W. 7' has since changed ownership, but the properties at
997 W. 7 (Subway) and the triangular parcel at 1001 W. 7'" remain under the same
ownership.
2. This application hinges on the same issue as the previous application: the fact that the
Zoning File #07-092-813
Zoning Committee Staff Report
page 2 -
��-�o�-
proposed accessory patio use is not located on the same zoning lot as the indoor restaurant,
as required by §65.910. Section 65.910 defines an accessory use as "a .. use which is
clearly incidental to, customanly found in connection with, and (except as provided in secfion
63.300) located on the same zoning /ot as the principal use to which it is related. °
The Subway restaurant separates the indoor restaurant (Shamrock's) from the accessory patio
at 1001 W. 7 Street.
3. Outdoor restaurants (patios) are permitted in the TN2, TN3, B2-B5, IR, and 11-13 zone districts,
and are accessory uses to indoor restaurants, or a farmers' market. If found that this proposed
non-adjacent outdoor restaurant is similar to a typicai outdoor restaurant, then it complies with
the property's 62 zoning.
4. The outdoos restaurant has proposed hours operation from 11 AM —12 midnight, from Monday-
Saturday. It is proposed to feature a portable bar and portable grili to serve customers. All
food and drink #or customers on this patio will be made and served from these portable
facilities. Access to the property wiil be from Osceola Ave, via the sidewaik by way of the rear
of the principal restaurant building. The main garbage receptacle will be behind the principai
building, but the patio area will have trash receptacles as well. The owners pian on playing
music on a small stereo for the customers on the patio. The applicant has provided signatures
of approval of the owner of a hair salon business at 468 Osceola Ave., as well from tenants of
residential units above this business.
5. §61.106 states: When a specific use is not listed in the zoning code, ... the planning
commission shall determine if a use is or is not similar to other uses permitted in each district.
The ... planning commission shall make the foliowing findings in determining one use is similar
to another:
(a) That the use is simitar rn character to one (1) or more of the principal uses permitted. The
proposed use is similar in character to accessory outdoor restaurants, which are permitted
in the 62 district, except that the proposed use is not on the same zoning lot as
Shamrock's, which is the indoor restaurant to which it would be accessory. If the proposed
use were a patio for the Subway restaurant at 997 W. 7�", it would be considered on the
same zoning lot and would be a permitted use.
(b) That the tra�c generated on such use is similar to one (1) o� more of the principal uses
permitted. The traffic generated by this outdoor restaurant is very likely to be similar to the
traffic generated by a typicaV accessory outdoor restaurant that is immediately adjacent to
the principal indoor restaurant. According to the Zoning Code, accessory restaurants do
not require any additional parking to be provided. Nonetheless, the applicant has a verbal
agreement with the property owner of 675 Randolph Avenue, to allow the restauranYs
customers to use Bank Cherokee's parking lot after 6 PM.
(c) That the use is not firsf permrtted rn a(ess restrictive zoning district. The proposed outdoor
restaurant use is not first permitted in a less restrictive zoning district.
(d) That the use is consistent with the comprehensive plan. The Land Use Chapter of the
Comprehensive Plan, which designates the Randolph/West 7 area as a pedestrian-
oriented village center. The Brewery-Ran View Small Area Plan borders the site across W.
7�" Street, recommends that new uses be found for vacant parcels along this street.
6. According to the Department of Safety and Inspections, there is a conflict between the
recently-amended City Legislative Code, and Minnesota State Law regarding liquor licensing.
Section §409.06.16(g) of the City Vicensing code states that for seasonal outside service areas,
the council may, by resolution, permit any licensee to se// or serve intoxicating liquors in areas
outside the building structure which are immediately adjacent to and contiguous with the
structure containing the licensed premises, or on propeity /eased or owned by the /icensee
which is within forfy-five (45J feet of fhe property line of the licensed premises. The
property at 1001 W. 7th St. does fall within 45 feet of the principal Shamrock's restaurant (38'
Zoning File #07-092-813
Zoning Committee Staff Report
page 3 -
�l �
from property line to property line). However, this is in conflict with Minnesota State Statute
§340A.410, Su6d. 7, which states that a licensing authority may issue a retail alcohotic
beverage license only fora space that is compact and contiguous.... While a DSI senior
licensing staff stated that she wouid not recommend a liquor license to be approved given this
conflict with State law, based on §409.06.16(g), the City Council could still approve such a
license.
7. The Fire Inspection Division of DSI visited the property and reports that access to and from the
property and the type of food/liquor service activities on the property wouid need to be
reviewed by this division if this permit is approved by the Pianning Commission.
8. The Police Department Inspections and Records divisions report that there have been no
service cails received for 1001 W. 7 St. from January 1, 2004 to the present.
STAFF RECOMMENDATION: Based on the above findings, staff recommends the renewai of
determination that the proposed outdoor restaurant is similar to an accessory outdoor restaurant.
subject to the fotlowing conditions:
1. The use is limited only to the existing triangular site at 1001 W. 7`" Street.
2. The outdoor restaurant will not be open later than 12 midnight.
3. if an outdoor restaurant use is located in the parking lot of 995 W. 7` Street (Shamrock's Grili),
the outdoor restaurant use of the triangular property at the northeast corner of W. 7 and
Osceola (PIN) 11-28-23-14-0038 must be immediatel� discontinued. It may be re-established
if there is a restauraRt use in the building at 997 W. 7 that wishes to use it as an accessory
outdoor restaurant.
4. The applicant shail provide for the timely removal of trash from this property.
5. The level of noise that results from the use of the 1001 W. 7th property shall not exceed the
following levels as identified in §293.07 of the City Legislative Code:
• Between 11 AM and 10 PM, the noise associated with this property shall not exceed the
sound level limit as specified by noise receptor class III for 62 zoned property, which is 70
dBA
• Between 10 PM and 12 midnight, the noise associated with this property shaii not exceed
the sound level limit as specified by noise receptor class II for multifamily residentially-
zoned property, which is 55 dBA.
Enforcement of this condition shall be provided by the Police Department.
6. The service of intoxicating liquor on this property is contingent upon the applicant receiving the
required liquor license(s). All food and alcoholic beverages served on this patio shall originate
at the poRabie bar and grill on this patio.
7. Use of this property as an outdoor restaurant is contingent upon the applicant complying with
fire safety recommendations that emerge firom a review by the Fire Inspection Division of DSI.
8. The determination of similar use permit ends on December 5, 2008, and can be renewed
administratively by the Zoning Administrator if ail conditions have been satisfactorily met. if, in
the Zoning Administrator's estimation, it appears that these conditions may not have been fufiy
met, the Zoning Administrator may refer this permit back to the Planning Commission for a
decision on its renewal.
�INT
<AUL
�
IIAlIA
,�
DETERMINATION OF SIMILAR USE APPLICATION
Department of Planning and Economic Development
Zoning Section
I400 City Hall Annex '� I( z 8 Z3 (�f
�5 West Fourth Street
Saint Paul MN SSIO2-1634
(65I) 266-6589 1
�V(!� � ��.
APPLICANT
Name Shamrocks Grill
Address 995 West 7th Street
City St. Paul St. MN Zip 55102 DaytimePhone
Name of Owner (if different) Tom Casper
Contact Person (if
A. LeTendre
Address/Location NE corner of Osceola and W. 7th
PROPERTY
LOCATION
Zoning BZ
See attached
(attach additional sheet 'rf necessary)
651-332-5735
Legai
REQUEST: Application is here6y made under provisions of ChaQter 64, Section 3U0, Paragraph (G) of the
Zoning Code for a Determination of Similar Use.
Current Use B2 DarcPl not i n i�sP
Proposed Use Use as a patio for Shamrocks
SUPPORTING INFORMATION: Provide the foilowing information (attach additional sheets if necessary).
�
�
❑
❑
is the use similar in character to one or more of the principal uses permitted in the zoning district?
Yes
Is the traffic that the use will generate similar to traffic generated by one or more permitted uses?
Yes
Is the use already permitted in a less restrictive zoning district?
Required site plan is attached.
ApplicanYs
*
��V � _/ �
��, o�
�65�
�a�
Date G 4 oc City,Agent �
�
6��6�
ADDENDUM TO DETERMINATION OF SIMILAR USE APPLICATION
Applicant:
Address:
Owner:
Contact Person:
Shamrock's Griil
995 West 7�' Street
Saint Paul, MN 55102
Tom Casper
George A. LeTendre
3900 Northwoods Drive
Suite 250
Saint Paul, MN 55112
651-332-8735
The Owner operates Shamrack's Grill, restaurant/bar, located at 995 West 7th
Street. The Owner wishes to operate a parcel of property ("Patio Area") as an outdoor
patio for the restaurant. The Patio Area is located approximately 40 feet from the
restaurant, with one building, 997 7 Street, separating the restaurant and Patio Area.
A Subway restaurant operates in 997 7� Street property. This Patio Area is presently
fenced, with access via a gate off Osceola Avenue.
The previous owner of Shamrock's, Patrick Fluery, received approval to use this
area as an outdoor patio i� 2004 (Zoning File # 04-097-904).
The patio area wili have a portable bar and limited food menu. No patrons of
Shamrock's will be permitted to carry food or drinks to/from the restauranUpatio.
Owner proposes to have the patio open from 11:00 a.m. to 12:p.m., Monday thru
Saturday.
LEASE AGREEMENT " ����
This Agreement is entered into by and between Thomas Scanlon ("Landlord")
and Shamrock's Grill ("TenanY') this 3� day of iY��� 2007.
Landlord is the owner of that real property legaliy described on Exhibit A attached
hereto ("Leased Property"). The Leased Property is vacant land.
Landiord leases to Tenant, and Tenant leases from Landlord, the Leased
Property, on the following terms and conditions:
1. The term of this Agreement shall be from the 1 day of April 2007, and
terminating on the 31 St day of March 2012.
2. Monthly rent during the term of this Agreement shall be Two Hundred Fifty
and No/00 Dollars ($250.00) per month, beginning the 1 day of April 2007 and
continuing on the 1 day of each month thereafter until March 31, 2012, the termination
date.
3. The Leased Property shall be used for outside restaurant seating for
Shamrock's Grill.
4. Tenant will not assign, transfer, mortgage or encumber the Leased
Property; nor shall any assignme�t or transfer of this Lease be effectuated by operation
of law or otherwise, without in each such case obtaining the prior written consent of
Landlord, which consent shall be subject to Landlord's sole discretion.
5. Tenant shaU be responsible for maintaining the Leased Property
6. Tenant hereby releases Landlord from any and all liability for any loss or
damage to property or personal injury occurring on the Leased Property.
7. Tenant, at its sole cost and expense, shall carry and maintain a policy of
commercial general liability insurance with respect to the Leased Property and the
business operated by Tenant in which the per occurrence combined singie limit of
liability shail not be less than Two Million Doliars ($2,000,000). The policy shall: (a)
name the Landlord as additional insured; (b) provide that the policy may not be canceled
or materially reduced in amount or coverage without at least thirty (30) days prior written
notice by the insurer to each insured and all additional insured; (c) provide that an act or
omission of one of the insured or additional insured which would void or otherwise
reduce coverage shafl not reduce or void the coverage as to any other insured or
additional insured; and (d) be "occurrence" based and not "claims made" based. The
insurance policy shall be with an insurance company or companies qualiiied io do
1
D"J- 16�
business
Landlord.
8.
instances:
in the state where the Premises is located and reasonably acceptable to
Tenant shall be in default of the terms of this Lease in the following
a. If the rent is not paid within 5 days of the date due.
b. The failure by Tenant to observe, perform or compiy with any of the
terms or conditions of the Lease where such failure shall continue for a
period of thirty (30) days after written notice from Landlord to Tenant;
provided, that in the event the cure of such failure reasonably requires
more than thirty (30) days to complete, then Tenant shall not be in default
if Tenant promptly commences the cure of such failure within the thirty
(30) day period and, thereafter, diligently pursues the cure to completion
within sixty (60) days.
9. Landlord covenants that it has the right to make this Lease for the term
aforesaid and covenants that if Tenant shall pay the rent and perform aIl of the
covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall,
during the Term hereby created, freely, peaceably and quietiy occupy and erjoy the full
possession of the Leased Property.
10. All notices or other communications hereunder shall be in writing and shall
be effective if hand delivered or sent by registered or certified first-class mail, postage
prepaid.
11. I' not in defauit under the terms and conditions of this Lease, Tenant shall
have the option to renew this Lease Agreement for an additional Five (5) year period.
Tenant shall give Landlord One Hundred Twenty (120) days notice of its intent to renew
prior to the Lease termination date.
12. Miscellaneous
(a) This Lease is governed by and shall be construed according to the
Iaws of the state of Minnesota.
(b) Time is of the essence.
(c) This Lease contains the entire agreement of the parties hereto with
respect to the Leased Property. This Lease may oniy be modified in
writing executed and delivered by both parties.
(d) Nothing contained in this Lease shall be deemed or construed to
create a partnership orjoint venture of or between Landlord and Tenant, or
to create any other relationship between the parties other than that or
iandiord and tenani.
�
��-�o�,�
(e) This Lease shall be binding upon and inure to the benefit of the
parties hereto and, subject to the restrictions and limitations herein
contained, their respective heirs, successors and assigns.
LANDLORD
Thomas Scanlon
2162 University Avenue West
Saint Paul, MN 55114
Thom s Scanlon
TENANT
Shamrock's Grill
995 West 7 Street
Saint Paul, MN 55102
. c..._.,
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EXHIBIT A
That part of Lots 15 and 16, Block 31, Thomas Daly's Subdivision of Blocks 18
and 31, Stinson, Brown and Ramsey's Addition to St. Paul described as foilows:
Commencing at the Northeast corner of Warsaw and West Seventh Streets the
same being the Southwest corner of said Lot 16, above described, running thence North
on the East line of Warsaw Street, 56.41 feet to the Southwest corner of Lot 1, A. H.
Koehler's Rearrangement "A"; thence running East along the South line of said Lot 1,
14.07 feet to a point; thence running Southeasterfy along 1he WesterVy fine of said Lot 1
until it strikes the North line of West Seventh Street; thence running Southwesterly
along the North line of West Seventh Street, 49.80 feet to the place of beginning, except
from Lot 16 that part described as follows: Beginning on the East line of South Osceola
Avenue, 19 feet North from the intersection of said East fine produced Southerly with
the Northwesterly line of West Seventh Street produced Southwesterly; thence
Southeasterly to a point on the Northwesterly line of West Seventh Street, 19 feet
Northeasterly from the aforementioned intersection; thence Southwesterly along said
Northwesterfy line, 13 feet; thence Northwesterly to a point on the East line of South
Osceola Avenue, 13 feet South from the point of beginning; thence Northerly along said
East line to beginning.
JUIV WGV �O�w nu II�IIIJLII vvnu��� unnui �un uv� v�a�vwvv�
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SHAMROCK'S GRILL - PATIO
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We the undersigned are aware that Shamrock's Grill has applied to the City of
Saint Paul for approval of a patio at the corner of Osceola Avenue and West 7"" Street.
Our business/residences front Osceola Avenue.
We have no objections to the patio proposed by Shamrock's Grill.
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PR NT NAME
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Page 1 of 1
Luis Pereira - Re: File # 07-092-813
6�-�b�
?.�.ti�Tit.::'e`.:. `r.J`.�a...'.�.._'3 �:.=i��T.^.�.�rva.�aT�`y a "_K:'SR����:�-5:.�+v �v_ .. �. J.�t�:YC'»R
From:
To:
Date: 6/25/2007 839 PM
Subject: Re: File # 07-092-813
To �arhom it may concern:
Zoning Committee,
We own the property at 456 Osceola Ave. S. in direct proximity to Shamrock's. We strongly oppose any
outdoor serving of alcohol or patio space in any form. We aze the pazents of two small children. We plan on
attending the heazing on July 5, 2007 at 330 PM. Please contact us if you need any further information. Thank
you for your time.
Sincerely,
Brice & Brooke Staeheli
651-293-1578 (Home)
651-238-1314(Celi)
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
file://C:�Documents and SettingslPereira.STPAUL\Local Settings\Temp�XPgrpwise\4680280Bmai... 6/26/2007
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June 26, 2007
St Paul Planning Commission
Zoning Committee
1400 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102-1634
Re: File #07-092-813
Attn: Luis
Enclosed aze photos which show the pro�mity of our residence and our next door rentai
property to Shamrocks.
We are not objecting to the restaurant, but to the noise from the much used parking lot
and rear entrance plus outdoor smokers, voices and vehicles.
Contemplating an"Accessory outdoar restauranY' would only aggravate the above noise
problems.
Thank you for yow consideration,
Paul & Shirley Lemke
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