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06-364SUBSTITUTE 4/ 19/06 WITHDRAWN 12/23/08 Council File # 06-364 Green Sheet # 3029732 RESOLUTION CITY OF SAINT PAUL, MINNESOTA by �� WHEREAS, the.Legislative Heazing Officer recommends that a request for a license (ID # 20050004043) Auto Repair Garage and Gas License for Chazlie C. Lee doing business as Lake Ciry Auto Repair, 1200 Arcade Street, be approved with the foll�wing conditions: l. The total numb� of vehicles on the proper[y at any time shall not exceed nineteen (19). This includes cars being repaired, cars awa ing repair, cars that have been repaued, customer parking and employee parking. 2. There shall be no e enor storage of vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will stored in a covered dumpster. 3. At no time shall vehicle be parked in the driveway or in the public right-of-way. 4. All vehicles pazked outdo s must appeaz to be completely assembled with no major body parts missing. 5. Vehicle salvage is not perm ed. 6. Auto body repair and auto bo spray painting is not permitted. 7. Customer vehicles may not be p ked longer than ten (10) days on the premises. 8. Vehicle sales are not permitted. 9. Provide maneuvering space on the p perty to allow vehicles entering and exiting the site to proceed forwazd. Backing from the sireet or on to the s et is prohibited. 10. Licensee must comply with all federal, s te and local laws. WIIEREAS, based on the legislative hearing record conditions: wishes to make the following amendments to the 1. The total number of vehicles on the property at any t� e shall not exceed n�neteett{�9j fifteen (15). This includes cars being repaired, cars awaiting repair, cars that have een repaired, customer pazking and employee pazking. 4. All vehicles parked outdoors must appear to be complete assembled with no major body parts missin or uP on iacks or blocks. 7. Customer vehictes may not be pazked longer than ten {�9j fiv 5 days on the premises. hei¢ht• defined in &65.703, Tf�REFORE, BE IT RESOLVED that the Council of the CiTy of Saint Paul conditioned on the City receiving by May 3, 2006 a signed affidavit from the conditions placed on the license. approves this license application, �t indicating he agrees to have these SUBSTiTUTE � Yeas � Nays \ � Absent B e nan av Bostr Harris H Lantry Montgomery Thune Adopted by Council: Date Adoption Certified by Council Secretary � Approved by Mayor: Date By: Requested by Deparknent of: � Form Approved by Ciry Attorney Council File # 06-364 Green Sheet # 3029732 Page 2 Approved by Mayor for Submission to Council � � �� y � Green Sheet Green Sheet Green Sheet G�een Sheet Green Sheet Green Sheet � Depar6rantloffice/wunc�: � �o��il Contact Person 8 Phone: Mamaa Mcermond 26fi-9570 Council Aeenda by (Da[e): ContractType: RE-RESOLUTION Date Initiated: �s�a-0s � ' Assign Number For Routing ONer Green Sheet NO: 3029732 0 IC000cil i I 1 Dao Bos[rom 2 " C erk 3 4 5 Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Approving the application with condirions, per the Legislarive Hearing Officer, for an Auto Repair Garage and Cras Sbtion license by Chazlie C. I.ee, d/b/a Lake City Auto Repair, 1200 Arcade StreeL Itlations: Appm�e (A) or R Planning Canmission CB Committee Citil Service Cammission 1. Has this pe�soNfirtn e�er wnrked under a coMract for this departmeM? Yes No 2. Has this persorJfirtn e�er been a cRy employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any curterrt city employee? Yss No E�cplain all yes answers on separate sheetantl attach to green sheet Initiating Problem, Issues, Opporlunily (Who, What, When, Where, Why): AdvanWges If Approved: DisadvaMages IFApproved: Disadvantages IF Not Approved: T2nsaction: Funding Source: Financial Information: (Explain) CosNRevenue Budgeted: Activity Number: Febnrary 'l5, 2006 9 9:07 AM Page 'I coun�;i F�ie a D —3� �f Green Sheet # 3029732 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Approved by Mayor: WHEREAS, the L Garage and Gas approved with the �e Hearing Officer recommends that a request for a license (ID # 20050004043) Auto Repair License for Charlie C. Lee doing business as Lake City Auto Repair, 1200 Arcade Street, be ae conditions: 1. The total number of hicles on the property at any time shall not exceed fifteen (15). This includes cars being repaired, cazs awaiting air, cazs that have been repaired, customer pazking and employee parking. 2. There shall be no exterior orage of vehicle parts, tires, oil or any other similaz materials associated with the business. Trash will be store in a covered dumpster. 3. At no time shall vehicles be par d in the driveway or in the public right-of-way. 4. All vehicles pazked outdoors must pear to be completely assembled with no major body paRs missing, or up on jacks or blocks. 5. Vehicle salvage is not permitted. 6. Auto body repair and auto body spray paint is not permitted. 7. Customer vehicles may not be parked lo�ger t five (5) days on the premises. 8. Vehicle sales are not permitted. 9. Provide maneuvering space on the property to allow ehicles entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited. 10. If a fence is constructed on this side, it may only be made ornamental wrought iron and not exceed 42 inches in height. 10. Licensee must comply with all federal, state and local laws. � THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul h2�eby approves this license application. Yeas Nays Absent Benanav Bostrom Harris Helgen Lantry Montgomery Thune Adopted by Council: Date Adoption Certified by Council Secretary � � Requested by Department of: � Form Approved by Ciry Attorney � !S Approved by Mayor for Submission to Council � ��-3�� MINU'I`ES OF THE LICENSE HEARING Lake City Auto Repair at 1200 Arcade Street Tuesday, January 31, 2006 Room 330 City Hall, 15 Kellogg Boulevard Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:04 a.m. Staff Present: Christine Rosek, Kristina Schweinler and Jeff Hawkins, License, Inspections and Environmental Protections (LIEP); Rachel Gunderson, City Attorney Office; and Jean Birkholz, Council Research. Others Present: Charlie C. Lee, applicant; and Leslie McMurray, representing District 5 Planning Council. Ms. Moermond noted that this is a hearing for an auto repair and gas station license at 1200 Arcade Street; Mr. Charlie Lee is leasing the building from Sinclair. The auto repair license requires a community notification. If someone objects to the issuance of this type of license, it triggers a license hearing. There are three possible outcomes of this hearing: 1) a recommendation granting the license without any conditions; 2) a recommendation granting the license with conditions; and 3) a recommendation referring this matter to an administrative law judge, which is used only when the applicant and the Legislative Hearing Officer disagree regarding the conditions ar if there were no way that this particular license and business would work at this locatlon. Ms. Rosek reported that the Office of License, Inspections and Environmental Protection is recommending approval of this license with ten (10) conditions: 1. The total number of vehicles on the property at any time shall not exceed nineteen (19). This includes cars being repaired, cars awaiting repair, cars that have been repaired, customer parking and employee parking. 2. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. 3. At no time shall vehicles be parked in the driveway or in the public right-of-way. 4. All vehicles parked outdoors must appear to be completely assembled with no major body parts missing. 5. Vehicle salvage is not permitted. 6. Auto body repair and auto body spray painring is not permitted. 7. Customer vehicles may not be parked longer than ten (10) days on the premises. 8. Vehicle sales are not permitted. 9. Provide maneuvering space on the properry to allow vehicles entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited. 10. Licensee must comply with all federal, state and local laws. 6fe — 3l `f The license applicant has signed the Conditioned Affidavit and has agreed to abide by these conditions. The oniy outstanding inspection is Fire, and they'll inspect once the business is ready to open. The Office of License, Inspections and Environmental Protection recommends approval with conditions. Ms. Moermond asked what the zoning designation is at this site. Mr. Hawkins replied that this site is zoned B-2. In 1966, a pemut to re-construct an existing filling station at 1200 Arcade Street was approved by City Council and the gas station and service repair garage were constructed. This was a permitted use at the time and still is a permitted use in B-2 zoning districts. The use has never changed to a different use, so the use of a service station with auto repair is permitted. It is not a con-conforming use and therefore the vacancy for 365 days is not a factor in determining whether the new use can be licensed. Ms. Moermond asked if the City Council changed the zoning to B-2 to make this a repair station in 1966. Mr. Hawkins replied that he believed it had always been zoned business. Back in 1966, the Council did what the Planning Commission does now. A lot of licenses went to Council, too. In 1966, they remodeled an existing filling station that had been re-constructed in 1963. Ms. Moermond asked if there had been any rezoning. Mr. Hawkins responded that there haue been no re-zonings as far as he could tell from the file. There would have had to have been a site plan review, and it went through the Zoning Committee for a Special Use Permit, which is all part of the City Council resolution. Ms. Moermond said that it sounds as though this has been a gas station with auto repair for a very long time. Ms. Moermond asked Mr. Lee if he bought the property. He replied that he has leased the place; Sinclair owns it. He eacplained that he previously owned a business in Brooklyn Center, but the City of Brooklyn Center bought the property and he had to re- locate. He has been a mechanic for over sixteen (16) years. Ms. Moermond asked about business hours. Mr. Lee replied that the hours will be from 7 am. to 9 p.m., Monday through Sunday for gas purchases, and from 8 a.m. to 6 p.m. for auto repair, Monday through Saturday. Mr. Lee stated that he will try to serve the community with the best skill and knowledge that he has. Ms. Moernaond asked Mr. Lee if nineteen (19) spaces will be a sufficient for his clients as well as his employees. Mr. Lee replied that nineteen (19) spaces are plenty. He anticipates his need will be somewhere between ten (10) to fifteen (15) spaces at any given time. Ms. Moermond asked if the gas starion were going to be full-service or self-service. Mr. Lee responded that it was going to be seif-service. Mr. Moermond asked Mr. Lee if he were going to sell items other than gas and auto repair service. Mr. Lee replied that he was going to just sell gas and auto repair service; in the future, maybe he will sell more. 6� -�� y Ms. Leslie McMurray, Payne Phalen District Five (5) Planning Council representative, explained District Five's objections to this license application. First, she handed out some material. She noted that she and Mr. Lee had not met previously, and no one had advised Mr. Lee to contact the District Council. She stated that several items flagged this license application: 1) conditions about ten (10) days on the premises for parked cars; and 2) the number of cars. Looking further into this particular site, District Five (5) disagrees primarily with Jeff Hawkins' assessment that the current zoning (B2) pernuts auto repair. District Five agrees that this site is zoned B2 and that gas stations are a conditional use in B2. Ms. Moermond noted that Mr. Hawkins stated that gas stations are a permitted use in B2. Ms. McMunay referred to the zoning page in her handout under "Automobile Services," where it showed that auto service stations aze conditional in B2 and B3; auto repair is conditional in B3. District Five's objection is fundamentally that this site is not zoned for auto repair. District Five (5) also heard concerns from residents and business owners about having auto repair and a gas station at that location. IYs a prime commercial node along Arcade Street. The Small Area Plan for Arcade Street has led to zoning for less intensive land use. Repeatedly, the district council has heard from residents that there are too many auto related businesses along Arcade. Traffic flow issues at that particulaz intersection came up repeatedly. During the eleven (11, with about 125 residents) district council meetings that were conducted in December, everyone spoke to the traffic issues at Maryland and Arcade as a future planning concern and the proliferation of auto related businesses along Arcade being problematic for the neighborhood's future. In a B2 zoning district, auto repair stations are not an allowed use and this is a B2 district. In B3, auto repair stations and auto service stations are conditional uses. Auto service stations are allowed to conduct minor repair of autos. District Five thinks that Mr. Lee would require a conditional use permit from the Planning Commission. Were minor auto repairs done in conjunction with a gas station, i.e., oil changes, etc., a conditional use permit would need to be applied for. District Five has not seen a past or present zoning permit in City records that authorizes auto repair at this site. In 1960, the City issued a zoning permit to allow for the re-construction and enlargement of a filling station. The permit states: The existing filling station and auto repair garage on the property are operated as two (2) separate businesses. Reading further, this same 1960 permit clearly states: The auto repair garage will be eliminated. Ms. McMurray added that this seems to suggest that a previous decision was made to not have auto repair at that site. Going on, Ms. McMurray noted that at that time, the City fully required a ten (10) foot buffer with the residential home east of the site. Currently, there is no buffer, and a buffer is not a condition of this license. In 1976, the properry was re-zoned with the new zoning code, to B3; and then, in 2003, this property was re-zoned to B2 in the 40-acre study. District Five disagrees that the vacation of the property is not relevant; it has been 3 6� -3�� vacant for an excess of 365 days. Zoning Code Secrion 62.106 Nonconformine uses of stnxctures or structures and land in combination. Nonconforming uses of structures or structures and land in combination are subject to the following regulations: (g) When a nonconforming use is discontinued or ceases to exist for a continuous period of three hundred sixty-five (365) days, the building or building and land in combination shall thereafter be used in conformance with the regulations of the district in which it is a nonconforming use as set forth in section 62.109(e). Ms. McMurray stated that Ramsey County records show the property lot size as 13,939.2 square feet. The lot has decreased in size a couple of times, as the file indicates. This is a pattern that District Five sees in the neighborhood: lots continually becoming smaller which leads to problems, particularly with auto related businesses. The size of this lot is less than the 15,000 required square feet. None of the modifications required to protect the enjoyment of the surrounding properties have been planned for or implemented, i.e., the ten (10) foot buffer along the eastern residential property. Ms. McMurray repeated that District Five's issues of objections are 1. they see no condirional use permit that exists; 2. the permit cited has expired because of the vacated properry; 3. any use that was grandfathered-in would now be expired; 4. subsequent re-zoning would outlaw auto repair use at that site; 5. the lot size is too small; 6. the buffer does not exist; and 7. the proposed license restrictions (the conditions that have been suggested by LIEP), do not properly limit or well-define the resYrictive types of onsite auto repair permitted in a B2 zone (minor auto repair). District Five concludes that the zoning does not permit auto repair at this location; and that if there were a gas station and if there were minar auto repairs done, then a conditional use permit must be applied for. Also, the modifications regarding the sub- standazd lot size and the required buffer zone would need to be addressed. Ms. Moermond asked if the District Five Boazd met to discuss this issue and did they pass a resolution. Ms. McMurray responded that a motion to object to this license was passed at their most recent board meeting, January 24, 2006; and it had been discussed at their Land Use meetings for two (2) months The board asked Ms. McMurray to write the letter of objection and speak for them. Ms. Moermond noted that according to the Zoning Code table, it appeazs that there needs to be a conditional use for an auto service station. Mr. Hawkins replied that would be cozrect if it were to be built today, but this one was built in 1960 and expanded in 1967. Ms. Moermond asked about the contention that this was not the land use for a period of 0 G�-3�y more than 365 days. Mr. Hawkins responded that would only apply to a legal non- confornung use, not a use that in 1960 was built for this use, and in 1966 received a special use permit to remodel the existing filling station. Therefore, it was a filling starion and approved as a filling station. The definition of a filling starion at that time was a gas station that provided full-service gas sales and auto repair. Ms. McMurray noted that District Five (5) disagrees. She proceeded to read from a resolution: Proposed use - construction and enlargement of the existing filling station The auto repair garage will be eliminated. She continued to say, "To us it seems cleaz that the businesses were distinct; the uses were distinct and the intent was to eliminate auto repair." Ms. Moermond asked if there had been any policy statements that have been adopted by the district council and recommended to the City Council on de-intensification or de- concentration of auto-related businesses along the Arcade Corridor. Ms. McMunay stated that they looked to the work that is part of the Arcade Small Area Pian ( Forty Acre Study. Ms. Moermond asked if the City Council has adopted the policy findings and recommendations of the Arcade Small Area Plan / Forty Acre Study relative to the concentration of auto-related businesses in this area. Ms. Hawkins replied that many spots along Arcade have been re-zoned to TN2, so the City Council has looked at every property along Arcade, and the plan was adopted in 2003. Ms. McMurray added that in 2003, the properiy was re-zoned to B2 by the approved forty acre study; and in B2, auto repair is not permitted. Ms. Rozek commented about a note in District Five's material saying that the license at this location had been revoked. She stated that LIEP very seldom revokes a license. Ms. Schweinler went back to look at the file. There was a note in the computer that said the property was not being operated as a gas station so LIEP cancelled the license, but it was not revoked. (Revoked means there was an adverse action against the license for wrongdoing.) Mr. Lee commented that he doesn't lrnow much about this specific place. He thought he'd be able to put his business there and help out a lot of people with his ski1L It has been a gas station and auto repair business since 1960 and he doesn't understand why someone would object to putting a business there. Ms. Moermond asked Mr. Lee if there would be another mechanic. Mr. Lee answered that his brother would probably help out. Ms. Moermond asked how many gas puxnps would be in operation. Mr. Lee said there would be three (3). Ms. Moermond asked if he'd be part of a chain. He replied that he'd be with Sinclair. Sinclair owns the property and Mr. Lee leases from them; his lease is for two (2) years. Ms. Moermond asked staff how long Sinclair has owned this property. Mr. Hawkins responded that Texaco owned it �� -3� y before Sinclair but he did not lmow exactly when it changed hands. Sinclair has owned if for a long rime. Ms. Moermond asked if staff had any other comments. Mr. Hawkins stated that if District Five (5) would like for allland use permits to expire after being vacated for 365 days, there is an ordinance process to change the zoning code to reflect that. So, if a district council thinks that there are too many auto uses in a certain area, besides re- zoning, they could also try to change the zoning code to address vacant properties. Ms. McMurray said that the District Five (5) Planning Council thinks the problem could be solved by filing for a conditional use pernut. Mr. Lee asked that this license be approved. Ms. Moermond asked when Mr. Lee would be opening his business if it were approved. Mr. Lee replied that he would be opening it as soon as possible because he signed the contract approximately three (3) months ago. He's been without a job for the past three (3) months. Ms. Schweinler interjected that it appears that Mr. Lee has been paying rent on this property since October. Mr. Moermond asked if the lease were conditioned on getting a license. Ms. Schweinler responded that it was not. Ms. Moermond noted that this is a complicated issue. She will need to check the Code on this and re-read all of the materials presented today and those materials that staff has referenced. Ms. Moermond stated that she will try to have a decision for Mr. Lee within a week. Someone from the office will call him and he will also receive a letter infornung him of her decision. The hearing was adjourned at 10:47 a.m. /jab U� -3� y NOTICE OF LEGISLATIVE HEARING Charlie Lee Lake City Auto Repair 1200 Arcade Street Saint Paul, Minnesota 55106 Mr. Lee: Objections have been raised to the issuance of your City of Saint Paul Gas Station and Auto Repair Garage License at 1200 Arcade Street. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regarding these objections. The Legislative Hearing will be held on: DATE: TIME: PLACE: Tuesday, January 31, 2006 10:00 a.m. Saint Paul City Hall/Ramsey County Courthouse Third Floor, Room #330, Committee Hearing Room 15 Kellogg Boulevard West 5aint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At the end of this hearing, she will make a recommendation as to whether the license should be approved, approved with conditions, or refened to an Administrative Law Judge. The City Council will have the final authority to grant or deny this license. c: Councilmember Dan Bostrom Payne-Phalen District Five Planning Council Rachel Gunderson, City Attorney's Office LIEP Staff I3otice Mailed: 1/19/2006 by 3ean Birkholz, 651-26b-8561. OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTEC'CION Bob Kessler. Drrector CITY OF SAINT PAUL ChristopherB. Coleman, Mayor COMMERCE BUILpING 8 Fourth Street Eas; Sune 200 St P¢ul, Minnesom 55101-l024 LICENSE APPLICATION 5UMMARY Date: Tuesday, January 31, 2006 at I O:OOam License Information: 20050004043 Charlie C Lee doing business as Lake City Auto Repair ��e —3l � Telephone� 65[-266-9090 F¢csrmi[e: 651-266-9I24 Web: www[eep.us located at1200 Arcade Street Application for Auto Repair Gazage and Gas Station License Recommended License Conditions: 1. The total number of vehicles on the property at any rime shall not exceed 19. This includes cazs being repaired, cazs awaiting repair, cazs that have been repaired, customer pazking and employee parking. 2. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. 3. At no time shall vehicles be pazked in the driveway or in the public right-of-way. 4. All vehicles pazked outdoors must appeaz to be completely assembled with no major body parts missing. 5. Vehicle salvage is not pernutted. b. Auto body repair and auto body spray painfing is not permitted. �. Customer vehicles may not be pazked longer than 10 days on the premises. 8. Vehicle sales is not permitted. 9. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited. 10. Licensee must comply with all federal, state and local laws. Current Licensee: None Neighborhood Organization Recommendafion: The Payne Phalen District Five Planning Council objects to the issuance of a Gas Station and Auto Repair Garage License. Inspection Requirements: Building code: not applicable Environmental Health: not applicable Fire requirements: pending opening inspection License: requirements met Zoning: requirements met LIEP Recommendafion: LIEP recommends approval with conditions. AA-ADA-EEO Emp(oyer i Ra' q Naylor� 1200 Arcade ges and auto�re�pair new app n doc �� Page 2��. LICENSE APPLICATION NOTIFICATION License A�umber: 20050004043 Purpose: Apptication for a Gas Station and Auto Repair Garage License License At: 1200 Arcade Street Licensee: Lake City AuCO Repair Chadie Lee, Owner, 651-778-3774 ` n,�� f�: ' I�'� ��`% License Conditions: 1. The total number of vehicles on the property at any time shal] not exceed 19. This includes cars bein g re paired, cazs awaitin g re pair, cars that have been re paire d, customer packin g and em pto yee pazking. 2. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. 3. At no time shal] vehicles be pazked in the driveway or in the public right-of-way. 4. All vehicles parked outdoors must appear to be completely assembled with no majox body parts missing. 5. Vehicle salvage is not permitted. 6. Auto body repair and auto body spray painting is not permitted. 7. Customer vehicles may not be parked longer than ] 0 days on the premises. 8. V ehicle sales is not permitted. 9. Provide maneavering space on the property to allow vehides entering and exiting the site to proceed forward. Backing from the street or on to the street is prohibited. 10. Licensee must comply with all federal, state and local ]aws. Response Date: January 13, 2005 at 4:30 PM (Friday) If you have any objections to the license application, you must respond in writing by Friday, January 13, 2005 to: Marcia Moermond Legislative Heazing O�cer 310 City Hall 15 WestKelloggBlvd. Saint Paul, MN 55102 If you have any questions, please contact Corinne Tilley or Lazry Zangs, LIEP Project Facilitators, at 651-266-9103 or Christine Rozek, LIEP Deputy Director, at 651-266-9108. AA-ADA-EEO Employer _ _ � Racyuel Naylor 1200 Arcade gas and auto repair new a p n doc � �� Page 3�; � ni - �i � Arotice Maited: 12(09/2005 AA-ADA-EEO Employer �Racguel Naylor - 1200 Arcade gas and auto repair new app n doc �� _ _ _ �,__ _ _ _ � ,_ �_� _ _ , _ _, �, Page 1 � OFFICE OF LICENSE, INSPECIIONS AND ENVIltONMEN'LAL PROTECTION Jm�een E. Rosar, Direcior CITY OF SAINT PAUL Randy C. Kelty, Mayor COMM&RCEBUfLDING 8 Faunh St. E, Svfte 200 TelepMne 651-266-9090 Focsimile 65l-266-9/24 SaiN Pavl, Mennesom i5/01- l024 Web: mww.lien.us Deaz Resident andlor Neighborhood Organization: The OfFice of License, Inspections and Environmental Protection (LIEP) has received an application for a license of a business in your azea. You aze being notified because this request requires neighborhood notification. Details reguding this matter aze given on the reverse side of this letter. You wil] have 30 days from the date this notice was mailed, to express any objections. The response deadline is given on the reverse side of this document. If you have any objections to the application as described on the reverse side, please send your objection(s) (with your telephone number) in writing to: Mazcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 If objections are received, a hearing will be scheduled before a legislative heazing officer. If you have sent in an objection, you will receive notice of the time, place and date of the scheduled hearing. At that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the end of this hearing, the Legislative Heazing Officer will make a recommendation to the City Council as to whether the license request should be approved or be referred to an administrative law judge for further review. The City Council will have the final authoriTy to grant or deny the license. If you have any questions regarding this matter, please contact Corinne Tilley oi Lazry Zangs, LIEP Project Facilitators, at (651) 266-9103, or me at (651) 266-9108. Sincerely, Christine A. Rozek LIEP Deputy Director CAR/cat AA-ADA-EEOEmploya iiios.uu Ld.H4 rnn D 1 S T R t C T 1= { V E 7anuary 12, 2005 Marcia Moermond Legislative Hearing Officer 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 Deaz Ms. Moermond: o�o f �� 00 P t A tJ N I N G �ayne-�Jzalen Lj/J V 1 6� —.�� y C O U N C i L The Payne Phalen Dis:r'rct Five Planning Council does wish to register objections to issuing a Gas Station tmd Auto Repair Garage License for 1200 Arcade Street. Objections are based on several li�ensing and zoning issues. We therefore request a Legislative Hearing to further revi ew and respond to these concems. Sincerely, � �,� ��c� t/�.(,�.c�-An'4-p� Lesiie McMurray \� Executive Director/Organizer �ouncir €��seasc� Center �� :� �oa� � -� � �.w, _ � �w� _. �; � � 1014 Payne Avenue Saint Paul, Min�esota 55101 Tel# 651-774-5234 Faxft 651-774-9745 e-mail: district5@gofast.net �. _:- �� -� _ o - D I S T R I C T F i V E P L A N N i N G 4'ayne-4'ha(en January 31, 2006 Marcia Moermond Legislative Hearing Officer 310 City Hall 15 W est Kellogg Blvd Saint Pau1, MN 55162 ��-�� C O U N C I L Re: District Five Planning Council Objections to the Issuance of City of St. Paul Gas Station and Auto Repair Garage License at 1200 Arcade Street. Applicant: Lake City Auto Kepair Dear Ms. Moermond: The Payne Phalen District Five Planning Council Board of Director objects to the Application for a License by Lake City Auto Repair at 1200 Arcade Street for Auto Repair and a Gas Station. Objections are both broad and specific and include zoning and licensing issues. Broadly, our community has spoken repeatedly to concems about a proliferation of Auto Related Businesses concentrated on Arcade Street in District Five. Too many of these businesses exist on substandard sized lots, contributing to later problems with compliance and inspections. The intersection of Maryland and Arcade is a key commercial node with high visibility and importance. Problems with too many auto related businesses on Arcade, and traffic flow issues at this particular intersection came up repeatedly in District Five's secent 11 community meetings held in December 2005. The Arcade Small Area Plan process changed zoning to pernut less intensive land use and there is ample documented support for this community position. This community input sets a broad context for the specific objections that follow which are unique to this parcel. The pending license application is for "Gas Station and Auto Repair Garage License". Current zoning does not support this license. In the B-2 district "Auto Repair Stations" are not an allowed use. This is a B-2 district and an "Auto Repair Station" is not a permitted use. In the B-3 District "Auto Repair Stations" and "Auto Service Stations" are conditional uses. "Auto Service Stations" (B-2 or B-3) aze allowed to conduct "minor 1014 Payne Avenue Saint Paui, Minnesota 55101 Teltt 65i-774-5234 Fax# 651-774-9745 e-mail; district5@gofast.net O / -.3� � repait" of autos. District Five objections are that the proposed Auto Repair is not a permitted use in a B-2 zone, and we note a Gas Station is a conditional use in a B-2. Were "minor" repairs are done in conjunction with a gas station, then a CUP needs to be applied for to the Planning Commission. The license being applied for is inappropriate to tlus zoned parcel. No past or present zoning permit we have seen in city records authorizes "auto repair". i. The City of Saint Paul (City) issued a zoning permit in 1960 to allow for reconstruction and enlargement of a filling station. The permit states that "the existing filling station and auto repair garage on this property are operated as two separate businesses." 2. Reading further, this same 1960 permit clearly states, "The auto repair garage will be eliminated". 3. Then, a 1966 permit application is made for a remodel of "existing filling station". 4. A 1970 permit for a car wash is granted, but this use is created without meeting basic city standards, there are no building permits, violations of conditions, etc. A car wash does not now exist. The City had required "10-foot buffer" and landscaping between this property and the residential home to the east. 5. In 1976, this Property was rezoned by the new zoning code to B-3. 6. In 2003, this Property was rezoned to B-2 by the approved 40-acre study. This property was vacated and is vacant now. This period exceeds 365 days. Records show that the license was revoked in 7-19-44. City records show that this property was vacant from 8-18-04. (Sec. 62.106. of Zoning Code. ) This property lot size does not permit this use. The listed property size was 14,640 sq. feet in 1960. Current Ramsey County records show it to be .32 acres which would be 13,939.2 feet. The minimum size for a properly located "auto service station" or an"auto repair station" is 15,000 sq. 8. None of the modifications required to protect the enjoyment of surrounding property have been planned for or implemented. Both for an auto service station and an auto repair station "A ten-foot buffer azea with screen planting and an obscuring wall or fence shall be required ��-�� along any property line adjoining an existing residence or residentially zoned property." The home to the east is an existing residence. The required buffer does not exist. Issues of objection: A— No conditional use permit (old, new, current, expired, or pending) exists that allows "Auto Repair" for this location or allows any type of auto repair. B- Any previous "Auto Repair" use that was "grandfathered" in by past decisions would now be expired. Subsequent rezoning outlaws any "Auto Repair" use. Documents indicate that over 365 days have passed when the use did not occur. Sec. 62.106. Nonconforming uses of structures, or structures and land in combination. Nonconforming uses of structures, or structures and land in combination, aze subject to the following regulations: (g) When a nonconforming use is discontinued or ceases to exist for a continuous period of three hundred sixty-five (365) days, the building, or building and land in combination, shall thereafter be used in conformance with the regulations of t ie district in which it is located, unless the planning commission appmves a permit to reestablish the n use as set forth in section 62.109(e). C- The property doe not meet minimum lot size requirements for either proposed use — Gas Station or Auto Repair. The St. Paul zoning code requires a minimum of 15,000 sq feet. D- The required buffer between the property and an "existing residence" does not exist. E- The proposed license restrictions proposed by the City do not properly limit or define the restricted types of on-site auto repair permitted in a B-2 zone, i.e. "minor". F— The language in this application indicates the existence of 3 auto repair bays at the site, including hydraulic lifts far cars, suggest that the auto repair will not be "minor" as required in the B-2 zone G- The proposed license allows up to 19 cars to be on the lot, including repaired cars and cars awaiting repair, or completed. It allows those cazs to be on the lot for 10 days. This would seem to exceed what is necessary for "minor" repairs to take place. CONCLUSION: District Five asserts that the proposed Auto Repair is not permitted in this B2- zone. If the repairs intended are indeed "minor", and occur in connection with the Gas Station, then a Conditional Use Permit must be applied for and issued by the St. Paul Planning Commission. At such time, modifications would be required regarding the ��-3�� substandazd lot size and the issue of installation of the required buffer area (or modification of that requirement) would need approval before a license could be issued. Ol - 3� � Relevant Citations Sec. 65.703. Auto service station. A place where gasoline or any other automobile engine fizel (stored only in underground tanks), kerosene, motor oil, lubricants, grease (for operation of motor vehicles), or minor accessories aze retailed directly to the public on the premises and/or where the servicing or minor repair of automobiles may occur. Standazds and conditions: (a) The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities shall be in accordance with current city specifications. Such specifications shall be developed by the planning administrator, traffic engineer and city fire marshal, and shall be approved by the planning commission, and filed with the city clerk. (b) A ten-foot buffer area �vith screen planting and an obscuring wall or fence shall be required aiong any property line adjoining an existing residence or residentially zoned property. (c) The minimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating facilities) may be permitted on a lot oFtwelve thousand (12,000) square feet, subject to all other provisions herein required. Additional standazds and conditions in traditional neighborhood districts: (d) All velucles awaiting repair or pickup shall be stared on the site within enclosed buildings or defined parking spaces in compliance with section 63301. (e) The principal building shall comply with the dimensional standazds and design guidelines applicable to traditional neighborhood districts, except that the maximum setback requirement may be modified by the planning commission so that pump islands may be placed in front of the building if this arrangement is considered preferable for circulation, aesthetics or buffering of neighboring uses. There shall be no exterior storage or sales of goods or equipment, other 0�-3�� than the dispensing of motor fuel. Sec. 65.704. Auto specialty store. A store in the business of repairing or servicing automobiles usually involving the installation of specific parts and the provisions of specific services, and where the retail sale of specific auto accessories to the public on the premises may occur. Retail sale of automobile fuel on the premises is not permitted. Standards and conditions: See section 65.703, auto service station. Sec. 65.705. Auto repair station. A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc. ; engine rebuilding; and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on. Standards and conditions: (a) The minimum lot azea shall be fifteen thousand (15,000) square feet. (b) A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any property line adjoining an existing residence or adjoining land zoned residential. (c) All repair work shall be done within an enclosed building. (d) There shall be no outside storage. Sec. 62.146. Nonconforming uses of structures, or structures and land in combination. Nonconforming uses of structures, or structures and land in combination, aze subject to the following regulations: (g) When a nonconforming use is discontinued or ceases to exist for a continuous period of three hundred sixty-five (365) days, the building, or building and 1and in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the planning commission approves a permit to reestablish the nonconforming use as set forth in section 62.109(e). D� - �3� � u� �� ,�� .s� �e ,sa � Ba � �ss :� �f� , � � �,,,�` Food shelf � P P P P P P P Cruden center, ou[door C C P ✓ Greenhouse C ✓ I,aundromat, self-service P P P P P P Liquor store P P P P P P Massage center P P P P P P P Mor[uary, funeral home P P P Outdoor uses, commemial C ✓ Package delivery service P P P Pawn shop C P P ✓ Photowpying P P P P P P P Post of£ce P P p P P P Service business P P P P P P P Serrice business with showcoom ot workshop P P P P P Small appliance repair P P P P Small ena ne repair, automotive bench work P P P Tattoo shop P P P P P Tobacw shop P P P P P P Food and Beverages Brew on premises store P P P P Carering F P P P Coffee kIosk P P P P Coffee shop, tea house P/C P P P P ✓ Restaurant P P P P Restaurant, catry-ouc, deli P P P P P Restaurant, fast-food P/C P/C P P ✓ Restaurant, outdoor P P P P ✓ Commercial RecreaUOU, Entertainment and Lodging Bed and breald�ast residence P P P P ✓ Bingo hall, auction hall C P P P Health/sports club P P P P Aocel, inn, motel P P P Indoorrecreauon C P P P ✓ Reception hall P P P P Steam room/bathhouse Caciliry P P P P P Theater, assembly hall, concert hatl P P P P Adult Entertainment Adult use C C C ✓ Automobile Services Auw convenience mazke[ C C P ✓ Auto service station C C P ✓ Au[o speciality store C C P ✓ Auto repair stadon C P ✓ Auto sales, indoor P P P Auw sales and rental, outdoor C ✓ Caz wash C ✓ 5129/04 Ch. 6b Page 25 Zoning Code OS Office-Service (continued) Day care, schooi, fibrary, park, church Rectory, convent College, university, trade school, arts school Noncommercial recreation Utility/public service building* Artist and photography studio Business o�ce, bank, insurance, reaf estate office Professional office, medical clinic Drive-through sales and services� Mailing and packaging, photocopying Service businesses, e.g. watch and shoe repair, tailor shop, barber, beauty shop 61 Local Business Most OS uses (not muitiple-family dwelling) General retail, grocery store, bakery, liquor store Laundromat, dry cleaning (retail outlet) Post office Tobacco shop Coffee shop', Carry-out restaurant Bed and breakfast B2 Community Business All B1 uses Gommunity residential facility' Veterinary clinics, tattoo shop Service businesses with a showroom or workshop, e.g. contractor, painter, appliance repair Restaurant, catering, coffee kiosk Private hall, ciub, health club, indoor recreation` Theater, bingo hall*, assembly hall Auto service station* Auto convenience market`, auto specialty store* Mail order house", printing/publishing' B3 General Business Ail B2 uses Hospital Business safes/services, package delivery service Currency exchange', pawn shop' Dry cleaning, commercial laundry Greenhouse', outdoor commercial use' Mortuary, funeral home Hotel, inn, motel Adult use' Small engine repair, automotive bench work Auto repair', car wash* Outdoor auto sales�, indoor auto sales Bus/railroad passenger station, helistop' Finishing shop, limited production and processing Wholesalir�g (no outside storage, <15,400 sq. ft.) B4 Central Business Most B3 uses (except auto and outdoor uses} Multiple-family dwelling Museum fndoor auto safes Commercial parking facility � ��-�3�� BS Centrel Business-Service Most 83 uses Multiple-family dwetling Overnight shelter Museum Public utiliiy heating or cooling plant Commerciai parking facility Warehousing, wholesaling Research, development and testing laboratory 1NDUSTRIAL DISTRICTS 11 Light Industrial All B3 uses Overnight shelter Television/radio transmitting towers` Public utility microwave antenna' Public uti{ity heating or coo4ing plant Gun shop', shooting gallery` Auto body shop Commercia{ parking 4acility, bus garage Airport, heliport Railroad yard, shop, terminal freight facility Taxi dispatching, maintena�ce and storage Warehousing, wholesaling, rental storage facilities �Aanufacturing from previousiy prepared materials Brewery•, micro and regionaf Lumber and contractor's yards Research, development and testing laboratory 12 General Industrial All 11 uses Power plani, municipal incinerator Sewage treatment plant Intermodal freight yard*, motor freight terminal Manufiacturing from raw materials Storage of building materials, sand, gravel, stone Brewery, national Hazardous and infectious waste processing� Mining of sand, gravel, other raw materials` Salvage yard'' !3 Restsicted Industrial Pubiic services and utilities, transportation facilities Gun shop, shooting gallery Genera{ industria{ Hazardous/infectious waste processing', incinerator` Mining`, rock crushing" Petroleumlgasoline tank farm Rendering plant Salvage yard`, auto body shop � Conditional uses - May require a Conditional Use Permit (CUP) granted by the Pianning Commission. Note: THIS IS NOT A COMPLETE LIST OR LEGAL DOCUMENT. For simplicity and readability, it departs from legal and technical language of the Saint Paul Zoning Code and other applicable regulations. www.ci.stpaul.mn.us/{iep 3-2005 � Page 1 of 1 �� -3� � Marcia Moermond - 1198-1200 Aracde From: To: Date: Subject: CC: )ohn Hardwick Moermond, Marcia 2/9/2006 2:01 PM 1198-1200 Aracde Gunderson, Rachel; Hawkins, Jeff; Lane, Wendy Marcia, Attached is �IEP's response to the issues raised by the District Council about the proposed license application for this business. We also have copies of the original license index cards that show that this property has been licensed as a gas station/ general repair garage since at least 1962. John file://C:\Documents and Settings\MazciaM�Loca1 5ettings\Temp\GW}00002.HTM 2/15/2006 � CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: TO: FROM: RE: Code Citations: February 1, 2006 Mazcia Moermond John Hazdwick ��-3�� .. e - �tt C�41#�C z�B Q c} �� Proposed Repair Garage license at 1198 - 12QQ Arcade Street Sec. 65.703. Auto service station. A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease (for operation of motor vehicles), or minor accessories are retailed directly to the public on the premises andlar where the servicing or minor repair of automobiles may occur. Standards and conditions: (a) The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities shail be in accordance with current city specifications. Such specificarions shall be developed by the planning administrator, traffic engineer and city fire marshal, and shall be approved by the planning commission, and filed with the city clerk. (b) A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing residence or residentially zoned property. (c) The minimum IoY area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating facilities) may be permitted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required. Additional standards and conditions in traditional neighborhood districts: (d) All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parlang spaces in compliance with secrion 63.341. (e) The principal building shall comply with the dimensional standards and design giudelines applicable to traditional neighborhood districts, except that the maximum setback requirement may be modified by the planning commission so that pump isiands may be placed in front of the building if this arrangement is considered preferable for circulation, aesthetics or buffering of neighboring uses. (� There shall be no exterior storage or sales of goods or equipment, other than the dispensing of motor fuel. Sec. 65.704. Auto specialty store. A store in the business of repairing or servicing automobiles usually involving the installation of specific parts and the provisions of specific services, and where the retail sale of specific auto 1198 Arcade 2 d� accessories to the public on the premises may occur. Retail sale of automobile fuel on the premises is not permitted. Standards and conditions: See section 65.703, auto service station. Sec. 65.705. Auto repair station. A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc. ; engine rebuilding; and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on. Standards and conditions: (a) The minimuxn lot area shall be fifteen thousand (15,000) squaze feet. (b) A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any properry line adjoining an existing residence or adjoining land zoned residential. (c) All repair work shall be done within an enclosed building. (d) There sha11 be no outside storage. Sec. 62106. Nonconforming uses of structures, or structures and land in combination. (e)(10) 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. Auto service stations in B2 zoning districts which remove their gas tanks and pumps will be regarded as legal nonconforming auto repair stations. Sec. 423.01. License required. (a) Automobile repair garage. No person shall maintain or operate an automobile or motor vehicle repair garage in Saint Paul without a license. This does not apply where the work performed is done by a gasoline filling station licensed under Chapter 42a and consists of the usual servicing of motor vehicles ordinarily performed at such stations, such as the sale and installation of frost shields, radiator hoses, spark plugs, batteries and battery cables, brake fluid, oil filters, fuses, fan belts, light bulbs and windshield wipers, or such service as draining radiators; provided, however, that if such gasoline filling stations engage in the business of repairing mechanical parts of motor vehicles, a license as provided herein shall be required. Sec. 61.503. Conditional use permit, change requiring new permit. A change to a conditional use requires a new permit when one (1) of the following conditions occurs: (a) A conditional use changes from one (I) conditional use to another conditional use. (b) The floor azea of a condition use expands by fifty (50) percent or more. For a conditional use existing on October 25, 1975, expansion is the sum of the floor area of ail the expansions since then. For a conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions since being established. Floor area does not include floor area which is accessory to a principal use and which does not result in the expansion of a principal use. (c) The building containing a conditional use is torn down and a new building is constructed, even if the new building contains the same or less floor area. (d) The principal use of a conditional use expands onto an abutting lot, such as a used car lot or a fast food restaurant building addition expanding onto an abutting lot. 1198 Arcade 3 Dl - 3� � (e) The number of residents in a community residential facility increases, or the number of rooming units in a rooming or boazdinghouse increases. (fl A college, university or seminary adds a school building or an off=street pazking facility for its exclusive use outside of its approved campus boundary. Aistory: The City Council issued a conditional use permit, Council File # 197485, in 1960 and again in 1966, Council File # 230827, to Texaco Inc. in order to re-construct and enlarge a gasoline filling station on this property. In 1924 the City issued a service station license at this address. In 1962 The City issued a general repair gazage license in addition to the service station license. The property has had a gas station and general repair gazage license until December of 2003 at which time the building became vacant. In December of 2005 the new properry owner applied for these same licenses. Prior to 1975 the properry was zoned "Commercial" which was changed to B-3 in 1975 and then to B-2 in 2004. Discussion: The properry was issued a conditional use permit for a gas station in 1966. A conditional use permit goes with the properry and does not expire unless the use is superseded by another use. This property has not been used for anything other than a gas stationlrepair garage. In 1993 the Zoning Code was amended to include the current language in 62.106 (e) (10). The following is the discussion that accompanied that proposed amendment: "Due to increasing liability insurance premiums and more stringent federal and state pollution regulations numerous small service stations are removing their gas tanks and pumps. The removal of such tanks makes them auto repair stations which are uses not permitted in B-2 zoning districts. The proposed revision is a reasonable position for this type of situation and reflects the policy position of the Zoning Administrator for the last Uuee years." Auto repair was considered to be an accessory use to the gas station and not a separate principal use on the property. Therefore, when associated with a gas station, auto repair �vas a permitted use in the B-2 zoning district. This amendment codified what had been a long standing policy recognizing that auto repair when associated with a service station is a permitted use in the B2 district and, if operated as a stand alone business, is a B3 use. An auto service station was a permitted use in the Commercial zoning district and is a permitted use in the B-2 and B-3 zoning districts. The current application continues this historical use of the properry. At no time has this use been nonconforming. The required conditions for a service station in the current zoning code are not retroactive and do not apply to the continuation of this business. Only the conditions imposed on the conditional use permit issued in 1966 apply to this business. Section 61.503 lists those circumstances where a new Conditional use permit is required. Since the referenced property does not meet any of these conditions a new use permit is not required and therefore the conditions such as landscaping, buffer area and lot size do not apply.