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08-70Council File # 6 g �� Green Sheet # 3048037 RESOLUTION Presented by OF SAINT PAUL, MINNESOTA 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, Gloria Gonzalez, in Zoning File 07-170-395, applied for a Conditional Use Permit for outdoor auto sales and detailing at property located at 1229 Payne Ave and legally described as JOSEPH R. WEIDE'S 2ND ADDITION TO THE CITY OF ST. PAUL EX THE S 14 FT; LOT 7 ALL OF LOTS 8,9 AND LOT 10 BLK 1, PIN 202922430221; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on November 8, 2007, upon giving proper notice and in which all persons appearing were given an opportunity to be heard and, at the close of the hearing, voted to recommend denial of the Conditional Use Permit; and WHEREAS, on November 16, 2007, the Saint Paul Planning Commission, based upon all the records and files before it and the recommendation of the Zoning Committee, moved to deny the application based upon the following findings of fact as set forth in Planning Commission Resolution No. 07-73: � 3. The applicant, Gloria Gonzalez, has signed a purchase agreement for this property and has applied for a conditional use permit to operate an auto detailing and auto sales business similar to the previous business approved for Mr. Bernard Snaza. The auto detailing portion of the proposed business is considered an auto specialty store. §65.704 requires auto specialty stores to meet the standards outlined in §65.703: (a). The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities shall be in accordance with current city specification. 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. This condition is not met. See findings 3(b) and 5. (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 area. This condition does not apply. There is no adjoining residentially zoned property. (c). The minimum lot area shall be fifteen thousand (15, 000) square feet, and so arranged that ample space is available formotor vehicles which are required to wait. ..This condition is not met. The total lot area for the property located at 1229 Payne is 9,460 square feet. See findings 3(d) and 5. §65.706 lists five standards that ail outdoor auto sales and rental uses must satisfy: (a) The lot or area shall Be provided with a permanent durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area. This condition is met. The lot is graded and paved with asphalt. (b) Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any (2) streets. This condition is partly met. 1229 Payne is located at the intersection of Payne and Hawthorne. The entrance from Payne is at least sixty feet from the intersection, but the driveway from Hawthorne is less than sixty feet. (c) No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building. The applicant states that she will comply with this condition. (d) The minimum lot area shall be fifteen thousand (15,000) square feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. This condition is not met. The parcel size was reduced from 11,000 sq. ft. to 9,460 sq. ft. in 2005. Council File # b� ��d Page 2 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 � 5. The applicant has re-submitted the site plan approved in 2002. That drawing shows five parking spaces on Payne, three on Hawthorne, one next to the building and seven in back for a total of 16 spaces. (e) ln the case of pawnbrokers. ...This condition does not apply. §61.501 lists five standards that all conditional uses must satisfy: (aJ The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is not met. The applicant is applying for a Conditional Use Permit to conduct a business that was denied by the Pianning Commission in 2005 and 2006. At that time the Commission found that the Land Use Chapter of the Comprehensive Plan encourages neighborhood commercial strips to retain a mix of uses and a pedestrian- oriented design (Land Use Plan 1.2). This use is not pedestrian oriented and does not fit with the area's mix of commercial uses. (b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is not met. There are two points of ingress and egress on this property, a main entrance off of Payne and a side entrance on Hawthorne. The Hawthorne entrance is too close to the intersection and is not adequate to minimize traffic congestion. (c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is not met. The Planning Commission found in 2005 and 2006 that the use has become detrimental to the existing character of development in the neighborhood and endangers the public health, safety and general welfare. (d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is not met. In 2006, the Planning Commission found that an auto related business at this site would impede the existing character of development in the neighborhood. (e) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This condition is not met. The lot area, and entrance off of Hawthorne do not comply with City regulations. The planning commission may approve modifications of special conditions when specific criteria of §61.502 are met: strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structu�e and would result in exceptional undue hardship to the owner of such property or structure; provided, that such modification will not impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. Modification of the following two requirements is required prior to approval of a Conditional Use Permit for 1229 Payne Avenue: • Modification of the requirement that vehicular access to outdoor auto sales be at least 60 ft. from the intersection of any two streets. � Modification of the minimum lot size requirement. The applicant has submitted a site plan previously approved by the Planning Commission as support for the modifications. At the time these modifications were approved, the lot area of the parcel was approximately 11,000 sq. ft. It has since been reduced in size. The purpose of the lot size requirement is to ensure that all activities related to the auto sales and auto specialty business has sufficient room to occur entireiy on the site. Auto sales on small parcels frequently create problems for surrounding properties. The purpose of the distance of entry drives from intersections is related to traffic management and safety. The Planning Commission found in 2005 and 2006 that modification of these requirements was not consistent with reasonable enjoyment of adjacent property, would impair the intent and purpose of the conditions, and was inconsistent with the health, morals, and general welfare of Council File # bg�� Page 3 the community. No changes have been made to the site or surrounding area that would indicate the Commission's 2006 finding should be changed. WHEREAS, pursuant to the provisions of Saint Paul Legislative Code §61.702, Gloria Gonzalez, in Zoning File 07-207-141, duly filed an appeal from the determination made by the Planning Commission and requested a hearing before the Cify Council for the purpose of considering actions taken by the said Commission; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, acting pursuant to Saint Paul Legisiative Code §61.702 and §61.704 and upon notice to affected parties, a public hearing was duly conducted by the City Council on January 2, 2008, where all interested parties were given an opportunity to be heard; and WHEREAS, 7he Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission does hereby RESOLVE, that the Councif of fhe City of Saint Paul does f�ereby affirm the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. The Council finds no error in the facts, findings or procedures of the Planning Commission in this matter, and accordingly, adopts as its own the findings of the Planning Commission as contained in Planning Commission Resolution No.07-73 in this matter. AND BE IT FURTHER RESOLVED, that the appeai of G�oria Gonzalez be and is hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Gloria Gonzalez, the Zoning Administrator and the Planning Commission. Bostrom Carter Requested b Dep e� of: Planni � Ec n� 'c D velo ment By: Form Approved �by City Aitorney By: O� avv+u / - � - 6'� Adopted by Council: Date Adoption Certified by Coyncil Secretary l BY � ll.i! fdia a Approved Ma Date � By: Form A ved y ayor for S miss' n to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D�- � D (�E — P�znning & Ewnomic Developmw[ � 0&JAN-08 Contact Person 8 Phone: Patricia James 266-6639 Must Be on Council Agenda by Doc.Type: RESOLUTION E-Document Required: Y Document Contact: Patrira James �/ Assign Number For Routing Order ConWCt Phone: 2666639 Total # of Signature Pages (Clip All Locations for Signature) Green Sheet NO: 3048037 0� lannin & Economic Develo me Patricia 3ames 1 lannin & Ecmomic Develo me DirectoNe Bedor 2 " Attome Ci Attorne 3 a or's 016ce Ma odAssistan[ 4 ouncii Gti Coancil 5 ' Cluk C' Clerk 6 lannin & Economic Develo me Patricia James Approve resolution memorializing City Council action denying Gloria Gonzalez's appeal (ZF# 07-170-395) of a Planning Commission decision to deny a conditional use permit for auto sales and auto detailing at 1229 Payne Avenue (ZF# 07-207-141). Public hearing held January 2, 2008. dations: Approve (A) or Reject (FL): Personal serv�ce Gontracts Must wnswer tne Fo��owmg c2uestlons: Planning Commission 1. Has this person/frm ever worked under a contract for this depaAment? CIB Comm(ttee Yes No Civil Service Commission 2. Has this person/frm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciiy employee? Yes No Explain all yes answers on separete sheet and attach to green sheet IniHating Problem, Issues, Opportunity (Who, What, When, Where, Why): Gloria Gonzalez applied for a conditional use permit for auto sales and auto detailing at 1229 Payne Avenue. Ms. Gonzalez appealed the Planning Commission's decision. Advantages If Approved: City Council intent is finalized. e�i;ii ia ,w, �� Disadvan W ges If Approved: None. Disadvantages If Not Approved: City Council action will not be completed. TransaMion: Funding Source: Fi nancial Infortnation: (F�cplain) CostlRevenue Budgeted: Activity Number: �. � � Ja�uary 3, 2008 2:21 PM Page 1 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecrle Bedor, Disec(or CITY OF SAINT PAUL Christopher B. Coleman, Mayor December 5, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Street Sarnt Paul. MN55l02 ,Q 08��0 Telephone: 65l-266-6700 Facsimrle: 65l-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, January 2, 2008, for the following zoning case. Zoning File Number: File Name: Appellant: Address: Purpose: 07-207-141 Gloria Gonzalez Gloria Gonzalez 1229 Payne Ave, SW corner at Hawthorne Appeal of a Planning Commission decision to deny conditional use permit (File # 07-170395) for auto sales and auto detailing Previous Action: Zoning Committee Recommendation: denial, 7- 0 Planning Commission Decision: denied, unanimous I have confirmed this day with Councilmember Bostrom's office. My understanding is that this public hearing request will appear on the Council agenda on or before the December 26, 2007, City Council meeting and that you will pubiish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Si ely, �_ �� ^ � Patricia James City Planner cc: File #: 07-207-141 ApplicanUAppellant: Mr. Daniel Le Mr John Jung Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson - NOTICE OF PUBLIC HEARING I .'the Saint Paul City Councit�.will con-� duct a public heazing on Wednesday, Jan- uary 2, 2008 at 5:30 p.m. �in the City Council Chambers, Thiid Floor City Gloria Gonzalez xauico,uct,ou�, is w�t xeuo� �e- vard, St. Paul, MN, to consider the_ appeal of Gloria Gonzalez tp a- decision. of the Plamting Commission denying a condi- tional vse permit far auto-sales and auto detailing at 1229 Payne hven�Te (southwest comer at Hawthome Avenue), [zE' o�-zo�-iai� � Dated: Decemba 6, 2007 , Mt1RY ERICRSON � _ ,y Assistant City Council Secretary (December 10) = '____'= 81: PADL l�' GAL LED�xEB= ___— I 221598xF._ � . . - , ; AA-ADA-EEO EMPLOYER DEPARTMENT OP PLANNiNG & � ECONOMIC DEVELOPMENT Cecile Bedor, Orrector �� 08-�b CTTY OF SAIN'I' PAUL Chsistopher B. Cofeman, Mayor December 18, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 West Fourth Street Telephone: 65l-266-6700 SaintPwl.MN55102 Facsimile:651-228-3220 Re: Zoning File #: 07-207-141 File Name: Gloria Gonzalez Appellant: Gloria Gonzalez Address: 1229 Payne Ave, SW corner at Hawthorne Purpose: Appeal of a Planning Commission decision to deny conditional use permit for auto sales and auto detailing (Zoning File # 07-170-395) City Council Hearinq: Januarv 2. 2008. 5:30 p.m., Citv Council Chambers Staff Recommendation: • District Council 5: Zoning Committee Recommendation: Support: Opposition: Planning Commission Decision: Deadline for Action: Staff Assigned: Denial Denial Denial, vote: 7-0 - 0 0 peopie spoke, 0 letters were received 2 people spoke, 1 letter was received Denied, vote: unanimous December 8, 2007, extended to February 6, 2008 �?'1 Patricia James, 651-266-6639 �� Attachments: Planning Commission resolution 07-73 Planning Commission minutes, November 16, 2007 Zoning Committee minutes, November 8, 2007 Correspondence received Staff Report packet cc: Zoning File #: 07-207-141 Appellant: Gloria Gonzalez City Council Members District Council: 5 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner s AA-ADA-EEO EMPLOYER SAIST �0.VL �A� APPLICATION FOR APP Deparhnent ofPtanning and Ecanomic Deve[opment Zoning Section I400 City Hail Annex 25 R'estFourth Street Saint Paul, MN 55102-1634 (657) 266-6589 g Jl (,`p N ZA /e Z APPLICANT PROPERTY LOCATION Address /�d y' �U.ZM A- �N City S�' Sf �s3vL St. :^%� Zip SS07S DaytimePhone 6s/ ZjO-rs'S-Z ZoningFileName� 77^� i70 -�,�`).� Address ! Location �72 c� ��3�� ✓C' s3 <1 $f fJ+3 � L- :�-,�. TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeals � City Council ❑ Planning Commission Under the provision of Chapter 61, Section �� paregraph of the Zoning Code, to appeal a madebythe 'P��Jri C(�N��SSiOvti - � �Q � t-6 . 20�_. File Number: �`Z � � � — .��/ � on (date of decision) GROUNDS FOR APPEAL: �e� Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. A -r -�A c �f M � �' �� (attach additional sheet if necessary) `�� S • , �� 0 � Applicant's Signature � Date 11 ' Z�j �CJ � City I\qent �� K:Uomss]appfonppeai.wpd il/8/04 08-�b �. J ATTACHMENT Date: November 26, 2007 1 disagree and/or question the Planning Commission's denial of a Co�ditional Use permit for auto sales and auto detailing at 1229 Payne Ave. The same conditions requested by the City were previously meet and acceptabie, and there was a Iegai Condfional Use pertnit on the subject property prior fo my appfication and fhis deniaf by the Planning Commission. The2fore, I am appealing this denial to the City and requesting a reversal of the denial for a Conditional Use permif for 1229 Payne Ave. C� • �g-�b S MURPHY-LAVU FIRM PA ❑ D2Il101 S. L.B ATTORNEYS AT LAW dan(n��murohvlawfirmpacom Direct: (952) 767-6606 FaY: (952) 767-6601 December 5, 2007 U.S. Mail & Fas ATTN: Patricia James, City Planner St. Paul PED 25 W. 4` Street St. Paul, MN 55102 RE: Gloria Gonzalez Zoning Fyle No. 07-170-395 Dear Ms. Patdcia James: � I am writing you regazding the above-entitled matter on behalf of my client, Gloria Gonzalez. As you Irnow, Gloria Gonzalez has filed an appeal to the City Council regarding the denial of her application for a Conditional Use Permit for 1229 Payne Avenue, St: Paul. This letter is intended to clarify her position on appeal. At the Plam�ing Committee hearing, she amended that application to remove auto detailing from the application. Ms. Gonzales is a native ofMexico and has resided in South St. Paul for nearlythe past decade. She is a single mother of a 9-year old daughter and has worked tirelessiy in the auto sales business and is now in a posirion to become a strong new member of St. Paul's business community as a xninority business owner. iJpon reviewing the file documents, it is evident that the City's prunary concern in granting a CUP for an auto sales lot is neighborhood concerns that arose with ihis premises was being operated by Roy Babcock and Suzanne Snaza (owner by inheritance from her father Bemie Snaza). As you l�ow, the physical conditions (lot size and driveway location) have been the same since Mr. Bemie Snaza was approved for a CUP. This is evidenced in the City's 1999 resolu6on stating that all the conditions were met to obtain a CUP with the same physical dimensions in place. It is Ms. Gonzalez sincerest hope that the City pernut her to demonstrate that it is not the type of business that is located there, but how that business is operated. • Ms. Gonzales, as a person of color, would like an opportunity to work with the City and itnmediate neighborhood to make sure that her business and the way she will operate it is beyond question or hazm to their quality of living.. To that extent, she is willing to agree to relocate the driveway on Hawthorne so that it is in canfoirimity (only 1-2 feet offl and erect any neces"sary fencing or landscaping to buffer the views to residential housing. Additionally, she wiIl strictly adhere to the 8-12 spots without any detailing services (unless conducted indoors for the eicpress purpose ofre-sale Minnetonka�J�'s�OiRt�fi��t'S723'MdrYt}��tL+��r�ithM�h}1�t3�u I�,gn�9v��6`BAO'-R9Y�9�$.�'i�ti[i�7b��p�1'kNifirmPa.com have the conditions of the CUP subject to an immediate suspensian and revocation hearing should she be in material violation observed by City inspectors. • As of today, tha property has now sat vacant since June 2005. Vacant properties aze rife to the hazazds which lead to blight and take away from property value and tax base. Ms. Gonzales is awaze of the City's concerns on the driveway location and prior citations for pazked vehicles. She is willing to proceed and operate the property lawfiilly and in full conformity with the City's wishes. The character of the neighborhood has not changed since 2005. The fire station, liquor store, Dairy Queen and Fanuly Center have been in piace for many years when Mr. Snaza operated the auto sales lot. It would be our hope that Ms. Gonzales be given the opportunity to fulfill her dreams by obtaiuing the requested CUP for an outdoor auto sales lot for 8-12 vehicles. Ms. Gonzales is also open to converting the use of the property to other commercial uses as such possibilities present themselves in the future. The issuance of a CUP to Ms. Gonzales for the property is a win/wiu situation for the City and immediate community as it will improve local business activity without presenting any hann. It allows the City to fill a vacant lot and have a new minority business owner while immediately resolving costly and time consuming litigation. It is our sincerest hope that this new information will be presented to the City so that this matter can finally be resolved. Please do not hesitate to contact me at your soonest convenience should you have any further questions or comments. Please provide me with the appeal date assigned by the council when it is available. Best regards, �,.�.. -�� / �/ / �.� - - cc: Suzanne Snaza Gloria Gonzales � • b�-�� DEPARTtv1ENT � OF PLANNING & EC0130MIC DEVELOPMENT - CTTY OF SAII�I'T PAUL Chrisiapher B. Cnleman, Mayor November 16, 2007 Ms Gloria Gonzalez 1909 Burma Lane So. St Paul MN 55075 Attn: Mr John Jung JH Caliahan and Associates 1878 Duck Pond Drive West St. Paul MN 55118 RE: Zoning File # 07-170-395 Dear Ms Gloria Gonzalez: 15 W. Fourth Street Sain1 PauZ ,LINSSIO2 Suzanne M Snaza 345 Robert Dr Hasting MN 55033-8810 � Telephorie: 65l-266-6700 Facsimile: 651-128-3220 Daniel S. Le Murphy Law Firm, P. A. 5125 County Rd. 101, Ste 302 Minnetonka, MN 55345 Gloria Gonzalez � On October 9, 2007, you applied for a Conditibnai Use permit for outdoor auto sales and auto detailing at 1229 Payne Ave. After a public hearing by the Saint Paul Planning Commission's Zoning Committee on November 8, 2007, the Commission voted to deny your request on November 16, 2007. Enclosed is the Planning Commission's resolution stating its findings and decision. The Planning Commission's decision may be appeated to the City Council by filing an appeal and fee ($435) within ten days of the date of the Planning Commission's decision. Appeals are filed at the Zoning Counter, 1400 Cify Hall Annex. The appeal should be based on whaf you betieve to be an error of fact, finding, or procedure of the Planning Commission. Enclosed is an appeal application. r1 �J Please call me at 651-266-6639 if you have questions. Sin ely, Patricia James City Planner Enclosures: Resolution Application for Appeal cc. File # 07-170-395 Zoning Administrator License Inspector Building Plan Review District 5 Community Council Louise Toscano Seeba, Asst. City Attomey �g,�6 • city of saint paul planning commission resolution file number o�-�3 date November 16. 2007 WHEREAS, Ms Gloria Gonzalez File # 07-170-395, has applied for a Conditional Use Permit for outdoor auto sales and auto detailing under the provisions of§§65.704 and §65.706 of the Saint Paul Legislative Code, on property located at1229 Payne Ave, Parcel Identification Number (PIN)202922430221, legally described as JOSEPH R. WEIDE'S 2ND ADDITION TO THE CITY OF ST. PAUL EX THE S 14 FT; LOT 7 ALL OF LOTS 8,9 AND LOT 10 BLK 1; and WHEREAS, the Zoning Committee of the Planning Commission, on November 8, 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 public hearing as substantialiy reflected in the minutes, made the following findings of fact: 1. The applicant, Gloria Gonzalez, has signed a purchase agreement for this property and has applied for a conditional use permit to operate an auto detailing a�d auto sales business similar to the previous business approved for Mr. Bernard Snaza. 2. The auto detailing portion of the proposed business is considered an auto specialty store. §65.704 • requires auto specialty stores to meet the standards outlined in §65.703 (a). The construction and mainfenance of a!I driveways, curbs, sidewalks, pump islands or ather facilitres shall be in accordance with current city specification. Such specifications shall be developed by the planning administrator, traffrc engineer and city fire marshal, and shall be approved by the planning commission, and filed with the city c/erk.This condition is not met. See findings 3(b) and 5. (b). A ten-foot buffer area with screen planting and an obscuring wall or fence shall be requi�ed along any property line adjoining an existing residence o� resrdentially zoned area This condition does not apply. There is no adjoining resdentially zoned property. (c). The minimum lot area shall be fiffeen thousand (15, 000) square feet, and so arranged that ample space is available for motor vehicles which a�e required to wait. .This condition is not met. The total lot area for the property I�ated at 1229 Payne is 9,460 square feet. See findings 3(d) and 5. 3. §65.706 lists five standards that all outdoor auto sales and rental uses must satisfy: (a) The /ot or area shal! be provided with a permanent durable and dust/ess surface, and shall be graded and drained so as to dispose of a!l surface wate� accumulated within the area.This condition is met. The lot is graded and paved with asphalt. moved by Morton seconded by � in favor Unanimous to Denv against Zoning File # 07-170395 Planning Commission Resolution Page 2 of 3 (b) Vehicular access to the outdoor sa/es area shall be at least sixty (60) feet from the intersecfnn of any (2) streets. This condition is partly met. 1229 Payne is located at the intersection of Payne and Hawthome. The entrance from Payne is at Ieast sixty feet from the intersection, but the driveway from Hawthome is less than sixty feet. (c) No repair or refinishing shall be done on the lot unless conducted within a completely enciosed building. The applicant states that she will comply with this condition. (d) The minimum lot area shall be frfteen thousand (15,000) square feet. A site plan shall be submitted showing tl�e layout of the vehicles for sale or rent, employee parking, and cusfomer parking. This condition is not met. The parcel size was reduced from 11,000 sq. ft. to 9,460 sq. ft. in 2005. The applicant has re-submitted the site plan approved in 2002. That drawing shows five parking spaces on Payne, three on Hawthome, one next to the building and seven in back for a total of 16 spaces. (e) /n fhe case of pawnbrokers. .. This condition does not apply. 4. §61.501 lists five standards that all conditional uses must satisfy: • (a) The extent, location and intensity of the use will be in substantial comp/iance with the Saint Pau! Comprehensive Plan and any applicable subarea p/ans which were approved by the city counciL This condition is not mef. The applicant is applying for a Conditional Use Permit to conduct a business that was denied by the Planning Commission in 2005 and 2006. At that • time the Commission found that the Land Use Chapter of the Comprehensive Plan encourages neighborhood commercial strips to retain a mix of uses and a pedestriarroriented design (Land Use Plan 1.2). This use is not pedestrian oriented and does not fit with the area's mix of commercial uses. (6) The use will provide adequate ingress and egress to minimize traffc congestion in the public streets. This condition is not met. There are two points of ingress and egress on this property, a main entrance off of Payne and a side entrance on Hawthorne. The Hawthome entrance is too close to the intersection and is not a�quate to minimize traffic congestion. (c) The use will not be detrimental to the existing character of the development in the immediafe neighborhood or endanger the public health, safety and general welfare. This condition is not met. The Planning Commis�on found in 2005 and 2006 that the use has become detrimentat to the existing character of development in the neighborhood and endangers the public health, safety a�d general welfare. (d) Fhe use will not impede the norma! and orderly development and irrprovement of tire surrounding property for uses permitted in the district.This condition is not met. In 2006, the Planning Commission found that an auta related business at this site would impede the existing character of development in the neighborhood. (e) The use shal/, in all other respects, conform to the appiicable regu/ations oi the district in which it is located. This condition is not met. The lot area, and entrance off of Hawthome do not comply with City regulations. 5. The planning commission may approve modifications of spec+at conditions whert specific criteria of §61.502 are met: strict application of such special conditions would unreasonably limit or prevent • otherwise lawful use of a piece of property or an existing structure and would re.sdt in exceptional undue hardship to the owner of such property or structure; provided, that such modification will not impair the rntent and purpose of such specia! condition and is consistent with Aealth, morals and genera! welfare of the community and s consistent with reasonable enjoyment of adjacent property. Zoning File # 07-170395 • Planning Commission Resoiution Page 3 of 3 OS -�b Mod�cation of the following two requirements is required prior to approval of a Conditional Use Permitfor1229 Payne Avenue: • Modification of the requirement that vehicular access to outdoor a�to sales be at least 60 ft. from the intersection of any two streets. � Modification of the minimum lot size requirement. The applicant has submitted a site plan previousiy approved by the Planning Commission as support for the modifications. At the time tlESe modifications were approved, the lot area of the parcel was approximately 11,000 sq. ft. It has since been reduced in size. The purpose of the lot size requirement is to ensure that all activities related to the auto sales and auto specialty business has sufficient room to occur entirely on the site. Auto sales on small parcels frequently create problems for surrounding properties. The purpose of the distance of entry drives from intersections is related to traffic management and safety. The Plannng Commission found in 2005 and 2006 that modification of these requirements was not consistent with reasonable enjoyment of adjacent property, would impair the intent and purpose of the conditions, and was inconsistent with the health, morals, and general welfare of the community. No changes have been made to the site or surrounding area that would indicate the Commission's 2006 finding shoufd be changed. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application ofMs Gloria Gonzalezfor a Conditional Use Permit for . outdoor auto sales and auto detailing at 1229 Payne Ave is hereby denied. i bg-�d ❑ Saint Paul Ptanning Commission City Hall Conference Center 15 Kellogg Boulevard West Minutes 1�Tovember 16, 2�07 A meeting of the Planning Commission of the CiTy of Saint Pau] was held Friday, November 16, 2007, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Lu, Morton, Smitten, Wencl, and, Messrs. Alton, Barrera, Bellus, Commers, Cudahy, Gordon, Johnson, Kramer, Mazgulies, Rosemark, and Spaulding. Mmes. *Donnelly-Cohen, *Faricy, *McCall, *Porter, and Messrs. *Goodlow, *Nelson *Excused Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Donna Drummond, Patricia James, Penny Simison, Shawntera Hazdy, Luis Pereira, Jacob Rife, and Sonja . Butler, Department of Planning and Economic Development staff: I. Approval of minutes November 2, 20Q7. MOTION: Commissioner Johnson moved approva[ of the minutes ajNovember 2, 2007. Commissioner Commers secvnded the matinn. The motion carried unanimousty on a voice V012. II. III. IV. . Chair's Announcements Chair Alton called attendon to the Central Corridor Station Area Planning sheet in the commissionec's packets. Mr. Alton said the upcoming series of day-long meetings on stationary _ planning process will be intense and important. He encouraged members to participate if they can. Planning Administrator's Announcements Larry Soderholm reported on planning-related business at the City Council for last week and their agenda for next week. . Zoning Committee OLD BUSINESS #07-169-560 Dean Willer — Establishment of {egal nonconforming use status as a tripiex. 1880 Fairmount Avenue, SW comer at Howell. (Sarah Zorn, 651/266-6570) MOTION: Co�nmissinner Morton moved the Zoning Comrniuee's recommendation to apprave � the nonconjormina use permit The motion carried unanimously on a voice vot� � #07-145-I 16 Sonic Restaurant— Conditional Use Permit for drive through sales and services, with variances for minimum floor azea ratio, setback, parking exceeding 50% of the froniage, � T'N2 design standazds, pazking quantity exceeding the maYimum, and signage area. 1960 & 198D ( Suburban Avenue beriveen Bums and Ruth. (Luis Pereira, 651/266-6591) � MOTION Commissioner Mortnn moved the Zoning Committee's recommendation tn approve ! the cnnfiitional use permit subject to addiiional cnndifions. The motion curried on a voice vote oJ13-I (Smitten). NEW BUSIlYESS #07-170-395 Gloria Gonzalez— Conditiona! Use Permit for outdoor sales and auto detailing. 1229 Payne Avenue, S W corner at Hawthome. (Patricia .lames, 65!/266-6639) MOTION Commissioner Morton moved the Zoning Commitlee's recommendaiion 1n dexy the conditiona! use permiL The motion carried unanimously ors a vnice vote. #07-179-230 Randolph Hi1L LLC — Rezoning from RM2 Medium-densiry Mukiple Family Residential and R2 One-Family Residential to TN2 Traditionai Neighborhood. Block bounded . by Randolph, Lexington, Juno, and I 35E. (Patricia.lames, 651/26�6639) Commissioner Spaulding voiced opposirion to approving the applications, particulazly the application for variances and the application for rezoning in the southern part of the block. He questioned how ta get commercial truck access to the site without putring trucks down Lexingtoq which is a pazkway. The city is undertaking a traffic study on these issues. At the public hearing a number of people were upset about the developer's proposal to tear down all the homes on the north side of ]uno. He stated if he were on a residential street on a residential parkway and saw the north half of his street replaced with an entrance that would create a huge amount of traffic, he would not find that to be an effective Ransition to a residernial azea, and it fails to meet the intent of a TN2 zone. The issue isn't whether to support Trader Joe's. Tfiere are a Iot of challenges with this site. T'here aze sign�cant questions about the rezoning, especially as it pertains to the southera part of the property, access on Lexington, and the impact on the neighbors. He also stated that the variances would dilute the intent of the TN2 zone. Commissioner Bellus asked if the issue about liquor licenses was discussed at the hearing. Commissioner Kramer stated that the committee received a letter from an industry trade group about that issue, but zoning doesn't deal with liquor licenses. They do not go through the Planning Commission, but through the Ciry Council, and wning does not waive any liquor license distance requirement Commissioner Bel[us stated that the variances were very specific to Trader Jce's, if it were not to go there the City would be left with a messy situation with the'TN2 zoning, and the whole series • of variartcas would be irrelevant to potential future development He expressed support for the rezoning, but concern about the vaziances. � • XI. None Adjournment Meeting adjourned at 1030 a.m. Recorded and prepared by Sonja Butler, Pianning Commission Secretary Planning and Economic Development Depaztrnent, City of Saint Paul Respeotfully submitted, 7� Larry S olm, AICP Planning Administrator PED1ButlerWovember 16, 2007 08-� Approved (Date) Marilyn Porter Secretary of the Planning Commission • Og -�b � MINUTES OF THE ZONING COMMITTEE Thursday, November 8, 2007 - 3:30 p.m. City Council Chambers, 3rd Floor City Hal1 and Court House 15 West Kellogg Boutevard PRESENT: Afton, Donnelly-Cohen, Faricy, Johnson, Kramer, Morton and Rosemark EXCUSED: Gordon STAFF: Patricia James, Carol Martineau, Allan Torstenson, and Peter Wamer The meeting was chaired by Commissioner Morton. Gloria Gonzatez - 07-170-395 - Conditional Use pertnit for outdoor auto sales and auto detailing, 1229 Payne Ave, SW corner at Hawthorne Patricia James presented the staff report with a recommendation o4 denial for the Conditional Use Permit. Patricia James aiso stated District 5 recommended denial, and there were no tetters in support, and 1 letter in opposition. Daniei Lee, representative of the applicant, addressed some of the findings in the staff report. He gave a history of the property and stated the premises wouid only be used for outdoor sales and not auto detailing. He also stated the applicant would do modifications to the driveway to make it • conforming and that leaving the property vacant would be more detrimental to the neighborhood. Upon the questions of the commissioners, Mr. Lee stated there would be no car detailing and Ms. Gonzalez has nothing to do with prior problems at the property. There would be approximately 8 to 12 cars fior sale. Sandra Ramirez, 655 Hawthorne Ave., stated she was in opposition to the permit and voiced concerns pertaining to parking and the nature of the business Lesley McMurray, reprasentative of District 5, stated they were iri concurrence of the staff report and in opposition to the permit. Daniel Lee, representative of the applicant, reiterated that Ms. Gonzalez had nothing to do with prior complaints and should have the right to operate the business rather than leaving the property vacant. The public hearing was closed. Commissioner Carole Faricy moved denial of the Conditionai Use Permit. Commissioner Richard Kramer seconded the motion. The motion passed by a vote of 7-0-D. Adopted Yeas - 7 Nays - 0 A6stained - 0 • Drafted by: S bmitted b� Approved b,y: �CI:1.[��e-Ct.td > r , ' 4�� Carol Martineau ' Patricia James Gladys rton Recording Secretary Zoning Section Chair • � • CITY OF SAINT PAUL Christopher B. Coleman, Mayoz DEPARTMENT OF PLANNIAG 6 ECONOMIC DEVELOPMENT Cecil Bedor, Director 25 West Fourth Street Saint Pass1, MN 55102 December 5, 2007 Ms Gloria Gonzalez 1909 Burma Lane So. St. Paul MN 55075 Q bS-�b TelepAone: 651-266-6700 Facsimile: 651-228-3220 Suzanne M Snaza 345 Robert Dr Hasting MN 55033-8810 JH Callahan and Associates Murphy Law Firm, P. A. Attn: Mr John Jung Attn: Daniel Le 1878 Duck Pond Drive 5125 County Road 101 Ste 302 West St. Paul MN 55118 Minnetonka MN 55345 RE: Notice of Appeal of Zoning File 07-170-395, Gloria Gonzalez Zoning File # 07207141, Gloria Gonzalez] Dear Ms Gloria Gonzalez, et al.: I am writing to notify you that the Zoning Section of the Department of Planning and Economic Development has received your application appeating the Planning Commission's decision to deny a Conditional Use permit for outdoor auto sales and auto detailing on property located at 1229 Payne Ave. The Saint Paul City Council will conduct a public hearing on the appeal on January 2, 2008. Minnesota Statutes 15.99 requires that all city action on zoning applications be completed within 60 days of the date the application is made, but allows the City to extend this period for an additional 60 days (totai of 120 days). In order to allow time for a City Council public hearing on the appeal while meeting deadlines established by state law, the City of Sainf Paul is hereby extending the deadline for action from December 8, 2007 to February 6, 2008. Please contact me at 651-266-6639 or by e-mail at patricia.james@ci.stpaul.mn.us if you have questions. � rely, �(�� Patricia James City Planner cc: File #: 07-170.395 Zoning Adm+nistrator License Inspector District 5 AA-ADA-EEO EMPLOYER PAY1�I� P�ALEI�i P LA l�i l�i I l�i G S7RONG � SAFE .;; �' WELCOMING November 8, 2007 Chair Morton Members of the Zoning Committee 15 W Kellogg B1vd, City Council Chambers Saint Paul, MN RE: 1229 Pavtte Avenue 07-170-395 DISTRIGT FIVE COUI�IICIL � CONIVECTED °�^��°'. NEIGHBORHOODS bear Chair Morton and Members of the Committee: The Payne Phalen District Five Planning Council reviewed this new application for a Conditioaal Use Permit at 1229 Payne. The District 5 Council sees no material change proposed in this application that woutd cause it to reVerse its objecfion fo the appIication. The Dishict Council has previously communicated its concems regarding this site. The objections to ttus Conditional Use Pernut stand. The lot is of substandard size for this use, there is a long history of nuisance activity at the site and neigfiborhood obj ection on record for these uses. Other B3 uses aze permitted by the Zoning Code and have been fiistoricaIIy present at tivs site. The District Council objects to this application. On behalf of the District Five Board of Directors, CC�� a�t r,�„�. `� Laslie McMurray Executive Director/Organizer 1014 PAYNE AVENUE, SA7NT PAUL, MINNESOTA 55130 TsL #(69 i) 774-5234 � FAX #(651) 774-974b E-MAlL: DISTRICTS@PAYNEPHALEN.ORG WWW.PAYhtEPHALEN.ORG � � • • . • Froro: To: Date: Subject: <smramirez@mmm.com> <paficia.james@ci.stpaui.mn. us> 11l7/2007 8:39 AM File #07-170-395lGloria Gonzalez As much as i'd iike to say OK to another minority business owner, i DO NOT want another business on my comer, especialiy one of this nature. {Ys busy enough with the fire department, DQ and the liquor store. Every summer iYs terribie, aii the DQ and liquor garbage in my yard, not to mention the ciientele hanging out (sitting on my retaining wail) and don't want to move when I ask them. i've been tempted to let my dog attack the drunks and I have sprayed some with my water hose, loi. On the rare occasion I want to park on the street briefly (e.g. to unload my groceriesj, I can't get a parking spot as it is with the extended minority families living together and their numerous vehicles. I do not want more vehicles parked on my neighborhood streets waiting to be cleaned. !'l( try to make it to the hearing. Regards, Sandra Melissa Ramirez 3M Public Relations & Corporate Communications Volt � 3M Center, Bidg. 225-1 S-15-1068 � St. Paul, MN 55144 Tel.: 651.733.1437 � Fax: 651.575.3729 � smramirez@mmm.com pg - �b • • • ZONING COMMITTEE STAFF REPORT 68 -� b 1. FILE NAME: Gloria Gonzalez 2. APPLICANT: Gloria Gonzalez 3. TYPE OF APPLICATION: Conditional Use Permit 4. LOCATION: 1229 Payne Ave, SW comer at Hawthome FILE # 07-170-395 HEARING DATE: November $, 2007 5. PIN � LEGAL DESCRIPTION: 202922430221, JOSEPH R. WEIDE'S 2ND ADDITION TO THE CITY OF ST. PAUL EX THE S 14 FT; LOT 7 ALL OF LOTS 8,9 AND LOT 10 BLK 1 6 PLANNING DISTR�CT: 5 PRESENT ZONING: 63 7 ZONING CODE REFERENCE: §65.704 §65.706; §61.501; §61.502 8. STAFF REPORT DATE: October 24, 2007 BY: Patricia James 9. DATE RECEIVED: October 9, 2007 60-DAY DEADLINE FOR ACTION: December 8, 2007 A. PURPOSE: Conditional Use permit for outdoor auto sales and auto detailing B. PARCEL SIZE: 86 ft. (Payne Ave.) x 110 ft. (Hawthome) = 9,460 sq. ft. C. EXISTING LAND USE: Vacant commercial building D. SURROUNDING LAND USE: North: Dairy Queen and medicai clinic (B3) East: Fire station and liquor store (63) South: Family Resource Center (63) West: Singie family and duplex homes (RT1) E. ZONING CODE CITATION: §65.704 lists the conditions for auto speciaity stores; §65.706 lists the conditions for outdoor auto sales and rental businesses; §61.501 lists general conditions that must be met by all conditional uses; §61.502 authorizes the planning commission to modify any or ali speciai conditions after making specified findings.. F. HISTORYlDISCUSSION: Prior approvals for parking lots were granted in 1955 and 1960. (Council Files #178-461 and #199-928}. In 1983, Jim Davidson apptied for a iot spit in order to purchase a parking area that he had previousiy rented. Lot split approval was granted and two parcels were created by subdividing Lots 7-10, of Block 1, Joseph R. Weide's 2nd Addition (Subd. #45). The southem, larger parcei included 14 ft of Lot 7. A parking lot consistent with the subdivision was approved in 1996 (Zoning File #96-208). In 1997, a Special Condition Use Permit for auto repair was approved with conditions (Zoning File #97-034). One year later, a Special Condition Use Permit for car detailing and outdoor auto sales was denied (Zoning File #98-208). Later that same year, a revised permit was approved with conditions (Zoning Fiie #98- 317). In 2002, Bernard Snaza, was granted a renewal of the 1998 Special Condition Use Permit and expanded the auto sales from 8 to 12 cars (Zoning File 02-120-636). In 2005, the Mr. Snaza was granted a lot split which gave 14 ft. to the property next door at 1201 Payne (Zoning File O5- 047-478). The 1998 and 2002 Special Condition Use Permits state that if the property is soid, the new owner must reapply for a Conditional Use Permit. Mr. Snaza passed away in April, 2005, and his heir, Suzanne Snaza, requested a new conditional use permit for the same business (Fi{e # 45-136-773). That permit was denied by the P4anning Commission, and an appeal to the City Council was filed and later withdrawn. In April 2006, Ms. Snaza reapplied for the same CondRional Use Permit (Z.F. # 06-067-069). That application was aiso denied by the Planning Commission, and the City Council upheid the Planning Commission decision on appeal (Z. F. # 06-083-624). G. DISTRICT COUNCIL RECOMMENDATION: The District 5 Council had not commented at the time this staff report was prepared. H. FINDINGS: 1. The appiicant, Gloria Gonzalez, has signed a purchase agreement for this property and has applied for a conditional use permit to operate an auto detailing and auto sales business Zoning File # 07-170-395 Zoning Committee Staff Report Page 2 similar to the previous business approved for Mr. Snaza. 2. Tfie auto defailing portion of the proposed business is considered an auto specialty store. §65.704 requires auto specialty stores to meet fhe standards outlined in §65.703: (a). The construc6on and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities shall be in accordance with current city specification_ Such spec�cations shafl be deve%ped by the planning administrafor, traffic engineer and cify frre marshal, and shall be approved by the planning commission, and filed with the cify c%rk This condition is not met. See findings 3(b) and 5. (b). A ten-foot buffer area with screen plantrng and an obscuring wall or fence shal! be required along any property line adjoining an existing residence or residentially zoned area. This condition does not apply. There is no adjoin+ng residentiaNy zoned property. (c). The minimum lot area sha(I be fitteen thousand (15,000) square feet, and so arranged that ample space is availab/e for motor vehictes which are requiied to wait. ._This condition is not mef. The total lot area for the properly located at 1229 Payne is 9,460 square feet. See findings 3(d) and 5. 3. §65.7061ists five standards that all outdoor auto sales and rental uses musf safisfy: r 1 U (a) The tot or a�ea shatl be provided with a permanenf durable and dustless surface, and shal! be graded and drained so as to drspose of al/ surface water accumulated within the area. This condition is met. The lot is graded and paved with asphalt. • (b) Vehicular access to the outdoor sa/es area shall be at least sixty (60) feet from the intersection of any (2) streets. This condition is partly met. 1229 Payne is located at the intersection of Payne and HawEhome. The entrance from Payne is at least sixty feet from the intersection, but the driveway from Hawthome is less than sizty feet. (c) No repairor refrnishing shall be done on the lot unless conducted within a completely exlosed building. The applicant states that she will comply with tfiis condftion. (d) The minimum lot area shall be fiReen thousand (15, 000) square feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. This condition is not met. The parcel size was reduced from_ 11,000 sq. ft. to 9,460 sq. ft. in 2005. The applicant has re-submitted the site plan approved in 2002. That drawing shows five parking spaces on Payne, three on Hawthorne, one next to the buiiding and seven in back for a total of 16 spaces. (e) (n the case oipawnbmkers. ...This condition does not apply. 4. §61.501 lists five standards that aIl conditionai uses must satisfy: (aJ The extent, location and infens�y of the use will be in substantial comp(iance wifh fhe Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is not met. The applicant is app(ying for a Condifional Use Permit to conduct a business that was denied by the Planning Commission in 2005 and 2006. At that time the Commission found that the Land Use Chapter of the Comprefiensive Plan encourages neighborhood commercial strips to retain a mix of uses and a pedestrian- • oriented design (Land Use Plan 1.2j. This use is rtot pedestr+an oriented and does not frt with the area's mix of commercial uses. • Zoning File # 07-170-395 Zoning Committee Staff Report Page 3 / ' �� (b) The use wiil provide adequate ingress and eg�ess to minimize traffic congestion in the public streets. This condition is not met. There are two points of ingress and egress on this property, a main entrance off of Payne and a side entrance on Hawthome. The Fiawthome entsance is too ciose to the intersectlon and is nat adequate to minimize tra�c congestion. (c) The use will not be detrimental to the existing character of the development in the immediate neighbort�aod or endanger the public heafth, safety and genera! welfare. This condition is not met. The Planning Commissibn found in 2005 and 2006 that the use has become detrimental to the existing character of development in the neighborhood and endangers the public health, safety and general weifare. (d) The use will not impede the normai and order1y development and improvement of the surrounding property for uses permitted in the district. This condition is not met. In 2006, the Planning Commission found that an auto related business at this site would impede the exfsting character of development in the neighborhood. (e) The use shall, in all other respects, conform to the app/icab/e regu/ations of the district in which it is located. This condition is not met. The lot area, and entrance off of Hawthorne do not compiy with City regulations. 5. The planning commission may approve modiftcations of special conditions when specific criteria of §61.502 are met: strict application of such special conditions would unreasonably limit or prevent othenvise lawful use of a piece of property or an existing • structure and would resulf in exceptional undue hardship to the owner of such property or structure; provided, that such mod�cation will nof impair the intent and purpose of such special condifion and is consistent with health, morals and genera/ we/fare of fhe community and is consistent with reasonable enjoyment of adjacent property. Modification of the foilowing two requirements is required prior to approval of a Conditionai Use Permit for 1229 Payne Avenue: • Modification of the requirement that vehicular access to outdoor auto sales be at least 60 ft. from the intersection of any two streets. • Modification of the minimum lot size requirement. The applicant has submitted a site pian previously approved by the Planning Commission as support for the modifications. At the time these modifications were approved, the lot area of the parcel was approximately 11,000 sq. ft. It has since been reduced in size. The purpose of the lot size requirement is to ensure that all activities related to the auto sales and auto speciatty business has suificient room to occur entirely on the site. Auto sales on small parcels frequentty create problems for surrounding properties. The purpose of the distance of entry drives from intersections is related to tra�c management and safety. The Planning Commission found in 2005 and 2006 that modification of these requirements was not consistent with reasonable enjoyment of adjacent property, wouid impair the intent and purpose of the conditions, and was inconsistent with the health, morais, and generai welfare of the community. No changes have been made to the site or surrounding area that would indicate the Commission's 2006 finding should be changed. I. STAFF RECOMMENDATION: Based on the above findings, staff recommends denial of the . Conditionai Use Permit for outdoor sales and auto detailing. ! � �� • VGI tlD:43 H� JM VMLLHMMn tn.;Ni!:bd; ?0:55 fi516375968 OONtfiT10MAL Y�! P�R111IT AplLICATIQM DyaaueM RJPfanrGd �wC.�caiealcD�vdopwt�e z..ups.c�ro. ,ao��g�,�� ii WjN FrrnA �7nnun Sdp►PonL AlN 5519I-1631 (6!7) Y66-6S8Y APPLICANT PROPEATY I.00ATION o'aYa�penv r.na �W� f �� kj_ 0�'�o—f ��; p�l-t7a�i� .. F� - 75�.00 IJ8 ''JD � - I �.,w�.,�a,.tz: tl- �S w � Addt�uf�o �j(.tr.i G N �{ry1'p• S� /�f+�� 8l��Ip $'Q�.r� paytlm�Phan�6T/ Lla•FS-29 N�ms oi Ownrr (N dlA�nnq Ys�S -� Conla� p�rson {It ditfK�nU �SPM s� Pnon� � A�aann � LpdD�FUlptlbn �1�.� �z `YrO23,y [ ��°aT��',t�oo.z.z � Cumnt tenlnp - ,� � {�n�6h addiibMl iM�t I/ me�sr�ry) TYPi Oi PERMR: Appilc�Uan I� Mnby m�d� 1or � Conditlon�) U�� P�rmit und�r provi�lon� of Chrptw� 9rction� Parspr�ph o1 ehi Zoninp Cod�, � SUPPpfiTIMG INfORMAt1oN: ExpWn how tl�� use wip m■.t dl of !h� �ppllad+i• �tandsrd■ �na oonaltb�n. M ynu w nquotlnp modlllc�tlan oI �ny �pwl�i oondiSions or atanduds ror � wndiHanu u�iti u�puln why ffit medHfo�en b ne�d�ei fnd fiw+ M mNls tfi� r�yu{e«nsntw tac mndltic�flon ot �Mald no�dlUenr ►n s�atien 01.'!02 of th� Zo�tln0 Geda. AitMab sdditlonal rh��b B n�atpry. pN�'�'f kSe.t�C�'�O� h ��l �rG � Eas.tsy, d� 0 p R�qulnd �tt� pi.n Is at4ch.d � O�b Q-�'.. �e'�. s�Iwwsuu.n.W.+ro9 •an! ��/ J V V S�-,�%� �z E'' � �� 0 —, C�! 7 �O, y . D 7 � bg 1229 Payne Ave. St. Pau1, lYIN Respectfully resubmitted after October 1, 2007 Notice to Applicant from City of St Paul. Attachments: 1. Furchase Agreement 2. City of St. Paul Zoning Letter dated 7uly 27, 2007 3. Conditionai use Pemut Application 4. Ciiy of St. Paul Class N Licease Application 5. Ciiy of St. Paul Notice of Incomplete Application dated October i, 2007 6. Applicable Zoning Code Specifications �. Subject Property Narrative dated October 9, 2007 • 8. Eachibit A. 9. E�hibit B. • July 27, 2d07 CITY OF ST PAUL ` ZONII�G I [� L ey /Z T�} �Oi-� 2�j' G� Z The prospective Buyer Of 1229 Payne ave, do herepy agree to abide by a conditional use permit issued by - The City of St Paul for said property, I am fully awaze of the conditions under w�ich T'he formsr ownes had. �igned ' Date �- I'" � � sSO�s Adress f f D 4�uyL r+ �c1 L N St? S� .�vL r�.�I'el ��/ `'.30 � t�r s-.2 � � • � • C� 3. Recsivad c 4. the sum of � $. , . 6. ai COMMERCIAL-INDUS7RIAL PURCfiASE AG�iEEMENT This form epproved by the Mnnesota Associallon of AEALTOftS�, which dLsciaims any I'iabifity arising out of use o[ misuse of this �rm � 2004 Minnesotr Assodatfon of REALTORS�, Edina, MN ,. �a _-z-a-�-o� Dg-'lv 2 Page 1 of panes �3 DOLL4RS as earnest money and in part paymerrt for the purchase of property siivated in ffie 7. County of /G'7 f7?S£ SJ , State of Minnesota, and legally descnbed es tollows e- - f�.� -� o 0�l 4 fr�� oa�a.��3ooy� 9 � -- 10, together with tha foilowing personel proparty: 11. t?. 13. all ot which pmperty the underslgned ha ih d�a�y sold to Buyerfor the sum ot �12�� yL�/,a/}J� a� jLs>�,v >� 7-� 14. !`N�i��Ai.�/� --- ($ ��r-� � 0 Q. 6 ` 7 ) DOLLARS, which Buyer agrees to pay in the following manner. 15. Earnest money herein paid $ ,�OO P. c "' and $ �-�aa p. ° a? , cash, on /J.� / i 6. 20 �� , the date of Closing and 3he balance of $ �_b b U cJ, �`�y financing as shown on The attaehed Addendum. , 17. 1. OEED/MARI�'TABLE TtTLE: Subject to performance by Buyer, Seller agrees [o execute and deliver a��QX�%./� BL � 8. Wartanry Deed conveying, marketable tdle to the pmperiy subject only to tha follouving exceptions: . (a) buflding and zoning laws, ordinances, Stats and Federal regulations; (b) restrictlons relating to use or improvement of the prem(ses 0. wRhout effective forfe@ure provision; {c) reservatlon of any minerals or minera! rights to the State of Minnesota; (d) utility and drainage 21. easements whtch do not Interfere wfth presant Improvements; (e) rights of tenents as foliows; - 22. 23. 24. ` P5. 26. 27. 28. 29. 30. 31. 32 33. 34. 35. 36. $7. 38. 38. 40. 41. 4Z � 45. 4G. 2_ REAL ESTATETAXES: Real estate faxes due and payable in the year of clos(ng shall be pmrated beiween Seller and Buyer on a calendar year basis to the �ctual date of closing unless otherwise provlded in this Purchase Agreement. Real estate taxes payable in The yeazs prior to clasing shali be patd hy Selter. Real estate t�ces payable in the ysars subsequeM to closingsheB be paid 6y Buyer. 3. SPECIAL ASSESSMENTS: [� BUYEf1 AND SELLEA SHALL PRORASE AS OFTHE DATE OF CLOSING�SELLEA 5HALL PpY on the date of closing (chedcons, all installments of special assessments cerqfied for payment with the real esteta taues due and payable in the year of closing. [] BUYEA SHALL ASSUME � SELLER SHALL PAY ON DATE OF CL051NG ali other spedal assessments levied as of the date of ihis AgreemenE. [� BUYEA SHAIL ASSI�ME �SEi.LEA SHqLL PROVIDE FOR PAYMENT OF speciai assessments pending as of the (urec�r onn) date of thfs Agraement for improveptent5 that have been ordered by ihe City Cpunoi� or any ofhqr govemmer-�tal or private sssessing authoritiss. (SeilePs provision for paymeni shall be by payment inta escrow of 1 1{2 tlmes the estimated amoUnt of the assassmerds.) If a speclal assessment becomes pending after the date of tlds Purchase Agreemerrt and before the date of dosing, Buyer max at Buyer's optton: {a) assame payment of ihe pendng specfal assessment w�thout adjustment to ihe Qurchase price; or (b) require Seller __ to paythe pendng speclal assessment (or escraw for paymefrt ot same a s�m equal to 1 7/2 tlmes the projected pending esaessmerrt) and Buyershall pay a commensurate fncrease in the purchase price of the pmperty, whiqi increese shalt be the same as tha estlmated amount of the assessmer� or (c) dedare this Purchase Agreement terailnated by wr(tten notice to Se4ter nr fice�ee represenHng or - assisting Seller. lf Buyer terminates thls Purchase Agreement, Buyer and Seiler shall� immediatety sign a cancella3lon of purchase agreement directing ail earnest money paid hereundar to ba refunded to Buyer. Seller shali pay on date of dosing arry deferted real estata tauss or spedai assessments paymert of which is required as a resuft of the cfosing of thts sale. / 4. PRORATtONS: AII items customafily prorated and adusted in connectlon with the Gosing of the sale of the property herein Induding bW nollimited to rents, operatU�g expenses, interest on eny debt assumed by Buyer, shall be prorated as of the dats of cbsing. It shaii be assumed that Buyer w(II own ihe property tor the entire date of the closing. MNCI;Pq-1 (8lp4) COMMERLYIRL-INDUSTRIAL PURCHASE AGREEMEPlT 47, Address �2�1� �iH:'�.c./� ✓'/L.9 � _ • 48. Page 2 ' � 49. 5. D�AMAGES'f0 pEAL pROPERTY: if fihere is any loss ordamage to the prope�i}i beiween fhe date hereo{ and the date of closing, (or eny 50. rsason, ll�e dsk of Ioss shaN be on Seller. # fhe PraP�K7/ is deshoYed or su6sfanfiapy damaged befora the dosing. ttils Purchsse 51. Agmament shall tertninate, at Buyers optlon, iF Buyer gives written rrotice to Seller or licensae representing or asgjstiny Sel�erof such 52 termiriation wdhin rttirty (30) days of ihe damage. Upon said termination, Buyer and Seilw sba9 immediately slgn a cartceltatlon �aF 53. pu�chase agreement directing a11 earnest money paid hereimder to be 2funded Buyer. 54. 55. 56. 57. 5& b9. 60. 67. 62. 63. fi4. 65. 66. 67. 68. 69. 70. 71. 72 73. 74. 75. 76. n. �e. 79. 80. 81 ff- EXAAR1AlATlON OF77iLE: Wftl�L� a reasonabl�Ums afteraccepfance ofthis purchase qgreament, SeOershell pmvide evidence otWle to 6uyer or Buyer's designated titls serv(ce provider, which shail mdude proper searches covering banlauptcies, sfiate and federal Judgmenfs end liens, and levied and pe.nding spedal assessments, ss tollows: � IFTHE PROPEAT'Y IS ABSTRACT, Seller sheli provide erther (a) a commilment for an owner's poG�y of title Insu2rx� on a current AL7A form fssued by ar� pnsurer Ikerrsed to write 8tle insurance in Minnesota and Seller sfia0 pay ifie costs ot evidence of titie for such title insuranc� polic}; and Buyer shail pay the premium for arry owner's poi�y or lenda's poficy issued hy the tiile Insurance company, the tltle examinatlon fee and the fee for arry endorsements or other coverages reyuested hy guyer, or (b) Abstract ofTNe certlfied tu daie. Selier shall pay for all abstrac6ng fees end surrender emF sbstrad in Seller's passession or coMrol to Buyer at Gosing. IP THE PROPEA7Y JS TOARENS, Se!leer sha!! provide, at Buye�'s optron and tequest, eifher. (a) a Regisfered Properry Abstract certfied To daie; or (b) a enmmitrnent for an owners p6fi�y of tiqa fnsurance on a currerrt ALTp tcum iss�ed 6y insurer ik:ensed to write fitle Insurance In Minnesofa Seller shall be respons�ble in pay, under e�her option, only ttwse costs neces�ry to prepyre yhe Regfsfered Property Abstraot or commitrnent Buyer shall, at Buyers optlon, pay for etthet an attomey's title apfnion or the title Insurance premium (for both en owners po(cy and arry Ienders poGcy end the exammation fee, together vv0h {� �� {o� � endorsemetrts ar other coverages req�ested by Buyer). Buyer shall }�aye ten (10) business days efter receipt of the Abstract of Title, Registered ProperEy Abstract or title insurance commihnent to provide Setler, or I(censee representlng or assistlng Seller, with written abjectlons to tiite. Buyer shaH be deemed to have waived arry titte objectfons not made within such ten (1a) day period, except that this shaii noi aperate as a waiver ot Sellei's covenant to defiver a Warranty Deed, if a Wazranty t)eed is speqfied fn this Purchase Agreement. Se11� sha9 nse Sellers best efforts to cortect any tiile objections noted by Buyer and to provfde marketa6lei�e by the data of Ciosing. In the everp Seller has not cured the title objections orotherwise provided marlcetable fitle 6yfhe date of qosirig, 8ellershall ku3ve an additionalthirty (3p) days to cortecttlie litle objedions orothenvise tnaketitie marketable. 6uYermaYwaMe litle objectlW�s oroiherdekCts hywr@ten rrotice fo Shcer or (rc;ensee representlng orassisting 5eller.ln addition to thethirty (30) day e�#ensio�, g�ye��d SeAer may by mutual agreementfurther Pxttend ihe Closing date. l2ddng such extensfort, either party may declare ihis Purchase Agreament terminated and nelther partY shall he Ifahle for darnages to tha other, Buyer and Setler shall Gnmediateiy sign a canceUation at purchase a�eement d�recting ai� eemesk maney paid hereunder tn be refunded to Buyer 7. POSSESSiON: Sellar shai! detiver,possession of the property on fhe date o( Cbsing. 8. REPRESENipT10N5 ANp WARAANfiES: See attached Addandum 9. SIME IS OFTHE ESSENCE FOR ALL PftOVI510N5 OPTFIIS CONTRpC7: 82 Y0. SELLEA CER77FIESTHgT SELLER �] DOES,�DOES NOT KNOW OFA pRIVATE SEWEA SYSTEM ON Of9 SEAVING -(�_�}- 83. THE PROPERTY: (if ansyer Is DOE5, ses Pdveie Sewer Sysfem Disctosare.) 84. 11. SELLEp CEATIRES THAT SELLER ODOES DOES NOT KNOW OF ANY WELLS ON pR SEAVING TrfE PAOpER7'y. -(crrde mre 85. (It answer is DOES, see Well Disclosure Statement,) 86. 87: 88. 89. 90: 9i. 92. 93. 94. 95. 12 ADDEN�A. Affiched are (numberj � C�/U� Addenda which are made a part of tl�is Purdiase Agreemer�t i3. BA(SCEt r euECOUS pHOViSiONS. (a) SurvivaLAll of the wertanties� rePresentations and covenartts of this AgreemaM shall survive and 6e eniorceahle afierthe cbsing. (b) F�tlrs Agreemen� 6fodl8catlon. Thfs Purchase A9reemerrt con�filutes the compiets agreement between the perties and supersades arry prlor orat w wri@en agreemerds between ihe parh'es 2gartiiny th@ prpperty. There are rw verbal agreements ihat change this Purchase Agreemerd end no waiver of arry of ds terms w1p be efFecSve unless Fn writi� ezecated by the partles. (c) Successors and Assigna. If this Purchasa Agreement is assigned, all provisions o{ �� purchase Agreement shall be birxiing on successors and assigns. . 14. ACCEP ANCE DEf.ULINE. This otfer to purchase, unless accepted sooner, shail be null and void at 11:59 p.m., - a�� / � i � ��!�� ar�d in such aent all earnest money shaJl be refunded to Buyer MNCI:PA 2 (8/04j � i � � i � i k k Ep F } { COMME,�tC1AL-INUUSTRIAL PURCNASE AFREEMENT . ss. 99. (Aa�U ss. a.dd�� !�9 ,�75�v � v � az w�yB s � g,'� D � � � � � � L� .v Represents ��S��J� . l Ne'°°� � �,G�e."� /� `� 'l��D`�!�`RepreseMs ��L� � (C�pazry Ne�ue) sa��a� 'E iZ i �/' /.%,L L. !. :,/f:,/L _ / „ . _ .,y„�: . . . �./ ' L � w/ ,Z ,�. �larc.�� Y��T s fi�,�:�� z • �� (8ock19emWry N�n�ber ar Federeliav I� wmbm-optlonel) (Metltal stevm) �� 9alkle9lgneW�e) (Oeta� �swara rnmaa r�� (SwlelSecudNNUmbernrFaderelTexlDmuober-op'bne� yo� r� L J (9ode1 Seweky Numbaror Fnderel Tex 1� numbef-opllaneQ (9uYa��s 9�9ne1��a) (BUyefaPMtedNeme) lsmxs�dm eiw,tee�a �,aa,�T� w �w,ne� -�ew�m� IMaraei etauel ro�i n` �!✓7 / �„/ �E�S . % � �.�.� ��C�/��l��lP Yt`./��.CoG� o O�.�I�ISS��sy G/ O�✓ ,�� ds/� �� /' � .� T,�/s ,.�5'.�s/�'� THiS IS A LE�ALLY HINDING CONTpACT,1F NOT UNDEA5700D, SEEiC COMPETENT A�VICE, MNG:PA� (8/04) 3_ Rddendum fo Purctiase Agreemerrtbetween parties, 4_ purchase and"sale of the A�P�Y 5. 6_ 7. RDDEAIDUM TO P31RCEiASB AGREE144ENT rn�s�m saw� Mr ure �,n�a n�w, �t e�roas whtch tBSClatms arry 9a6�ty�g au[ of use ar m�use of�dsiam�. � 2�06 Bdtnnesofa As�ciaQan d REAF-TOFl� EBne, eN! 1_ Date ?- ��^ �� 2_ Page � � r= �' , . ,20 ,pertainingtofhe �,u � �L `''� — 8. "-� 9 �� J�T /-2/ l�.1�/S4 �.fi�£`�7'2/fN L�S ��i'�l.�/J�£!✓i � 11.�vi� �1A�12ovA� ca,�' ,�v�fi25 L�-��/Z • ti. 12 a' SS! �, 1'l. io � ��.� �, f�CC Ll�i.�f�L� `z,.tic.�ilLO/Jl7?�.fi./%L i3_ %1�PaR> 14_ is. ? j :tf�. ,�.r��.�s� �r2� �r ��; - � ��,��£,�; ��d.� TS /J�J'U<�'J �,Cl Jl � Cf �2 .J7LL �'JL.J�l�Ll�+` �/-�J 17. O/�F�2�A�.� /��2/ns'� .4.t�i� �f,DPliz�c ,��2 18. �vd 2/a�lyY/ C.V % �fL/If/d/2.L/ �'z-�i. � . i 9. . 2a S�� S5 t�is.�z �i��S�- f,�l�z� s i�. �.v s'' �.S <<��✓�� ,�zJ ��2. s 21. i,u!-sr��c � rv,� A.u�a APV/��v-�G �6 �LL /7��;•a�as.� c�1L � .'S5". .fls-+f1 .C-3L�L?<NC �DNI��v,tr"� SXl'�i-�5�, 23_ 24. 26. 26. 27. 26. a S� Ssr L�rz, io G�it v� �l'1�+ �ir�r��i✓r /.ti�'r°HA�r�,�PL �4ulA�l�,c,� E9. 30. 3i_ � � i/.l�� ^�7- e6e� (�l leuyerl loam) � SGl�f�f�/�� '�1��fi��r�� • �' � t��2� , � �> �. rHts is a�ruauv swnuvs con�r�acr e�rw�u eu�as aHO s�s. 34. IFYOU DESIRE LEGAL OATAX ADVICE, CONSUI.7 AA! APPf30PitL4TE PAOFESS101CIAL MN-pPA (8/O6} , �' � (' I I ' 4 � -:,�-: � tiLiI.f �� i �� CITY OF ST. PA.UL �DEPARIMEN[ OF SAFETY AND Q�ISPECRONS 8 FOURTH SIREEi EAST, SUIIE 200 SI. PAUL, MINNESOTA 55101-1@4 Phonc. 651 266-9090 Fa<: 6i1-2bIr9124 V'uitoorWehsiteaC mrwstpaol.eoWdsi ypes of License(s) being applied for. (Office Use Tota1 State Zip + 4 nticipated Da1e of Opening: �5 /�a�Ul AS or'i ��f� �i�,��+LL � ompanyName: �1�FR-�- �✓7d .5111�'S�� (Circ Corporation Partnership SoleProprietorship) business is incorparated, give date of incorporariun: ��f usiness Name (DBA): .��E �S �i �4t1 � L� • Business Phone: (b s/ ) Z.i6— � r — �-5 usiness Address (business loeation): A�v' Streef (#, Name, Type, Direcfion) City State Zip + 4 eiweea what cross streets is the business loca#ed? Which side of the street? ail To Address {if different than business address): I `t R(!!LN"i9 L� S'p . SyZ f�"it✓� �i` r'ra y� S' � Street (#, Name, Type, Direction) City State Zip + A ame and Title ome Address: �� p� �L) fLM A Street (#, Name, type, Direction) L85t City �te of Birtb: ��' .3 — 6 c l Place of Birth : �. ��C. 1� C7 Home Phoae (�i 5 I1 S�� "� b� Z> river License: � � q&�� i d z A�'� State of [ssue: M� ave you ever been convicted oi any felony, crime or violation of any city ordinance other than traffic? YES NO � ate ofArrest: harge: onvictiou; Where? ist licenses wLich you currentty hold, formerly held, or may have an interest ave any of the above named licenses ever been revoked? YES Y NO If yes, list the dates and reasons for revocation: goieg to operate this bnsiness personalty? '� i'ES IYO It not, who wiil operate it? ��btt+'� ��s r?bN2A�i�2• .5�-3-65 rst Name Middie Initial (Maiden) Lasi Date of Birtfi L,� ome Address: Street (#, � Type, Direction) City •�-i-� .�.r' S5p �! State Zip + 4 Fees - b�rs 2� Phone Number - Revimd ?/R/7(I/17 �PPLICANT (Continue� : .re yon gaing to have a msnager or assistant in this business? _ )perator, please comptete tLe following information: 'irsY Name Middle Initial (lYfaiden) Street YES NO If the manager is nat f6e same as the Iast Date of Birth State Zip+4 rcenseeWorkHistory(fistmm��addressandphonerrwnberofm'IemployersforthepreviaurSyewperio� � .+.�ou3 N�-�-ou7 N Ac�Tc7 SY;- Lb'S' . � 6 3 S Qo ��+-T 8 T S-1- ��+� "-~' �"s � d�. . � Auy Re�reneP QlPn-srr� '��-��- +`At�� ussE* Gtz&'bo-3�'raS rst all ather officers of the corporation (use additionai pages if ¢ecessary): )fficer Titte Home Home Basinecs I?ate of �Iame Address Phoae Phone Sirth dl�/�' �'ln�'ss �. �a�z�lE SP�v- �-r Av,"C.�'-✓� � f business is a �irsf Name include the followmg �f'ormation Middle Tnetial 3ome Address: Street (#, Piame, Type, birecGon) 5rst Name MiddEe Tnitial (Ma➢den) City (Maiden) pariner (use additia Iast Sta#e Zip+4 Last pages if necessary): Aate of Birth Phone Num6er Date of Birth dINNESOTA TAX IDENTIFLCATION N[fMBER 'ursuant m the Laws of Minnesata, 1984, Chapter 502, Article 8, Seetion 2(270.72) {Tax Clearznce; Issuance of Liceases� iicensing authorities are equiczd to provide to the State of Minnesota Commissioner of Revenue, the Minnesuta busines tax idenUfication n�ber aad We social security numbu �f eacL licxnse appliwnt � Jnder the bfmnesoh GovemmeM Data Practices Act and the Federai Privacy Ad of t974, we are required to advise you of the following regazdiag the use 8tiie IvLunesoffi Tax Identification Number - 1Lis infotmation may be used to deny the issuance or renewal of your 6cense in the event you owe Minuesota sales, employer's withholding or motor relvcle excise tmce� � - Upon receiving this mfocmarion, tlw liceusing aWhority will supply it only to the Nfmnesoh Depar�eat of Revenue. However, under the Federal Fxchange of Iuformation Ageement, the Department of Revenue may supply this infoemation to ihe Internal Revenue Service. d"umesma Tac Ident"�'icarion N�bers (Sates & Use T� Number) �y be obteined frnm the Stete of NLnnesota, ;usinc�s Recocds Deparhnent, 600 Robert Street 23�tfi, Sain[ Paul, MN (651 296-6181). rlinnesota Taz IdentificaSon Number: �� f Q A��% Cr?� fi DN � If a Minnesota Taa Id is noi reqnired for t5e 6usiness being operated, indicate so 6y piacing an "X" in the boa. _� CI�iZTIFICATION OF VYORKERS' COMPENSATION COVERAGE PURSIIANT TO MINNESOTA STATUTE 176_182 � reby certify that I, or my wmpany, am m compliance wfth the workers' compensation insurance coverage requuemems of Minnesota te 17b.182, subdivision 2. I also imderstand that provision of false mformation in this certification constitufes sufficient grounds for erse action ? all licenses held, inctud'mg revocation and suspensiou of said licenses. . IQame of Insivance Policy Nmmber. Covernge from I have no employees covered under workers' compeasation iasurance � (I2IITIALS) ANY RALSIFiCATIOPt OF APISWERS G1YEN OR MATERTAL SUBiKITTED WII,L RESULT IN DENL�.L OF THLS APPLICATION 1 hereby state that I have answered all of the preceding questions, and that the information cantained herein is true and correct to the best of my lmowledge and belief. I hereby state fintfier that I have received no money or other considerazioq by way of loan, gift, conmbutioq or otherwise, other than already disclosed in ffie applica[ion wlrich I herewiW submitted I also tmderstand this premise may be mspected by,�oli�e, fue, health and other city officials at any and all rimes when the business is in operation. Si�nature {REQUIRED for all applications) ^�D—O; Date PREFERREA METHODS OF COMMUNiCATIpN FROM THIS OFFICE f�,�. (plesse rank in order of preference —"1" is most preferred): , (�'�an;a �o,a2F!<2 r 6s� ss,296/z Phone Number with azea code: (�jS/ ) 230 ^�S��'l Extension Check the type of Phone Number listed above: ❑ Bnsiness ❑ Home � ❑ Fas ❑ Pager � Phone Number with area code: ( ) Extension Check the type of Phone Number tisted above: L] Business D Home ❑ Cell ❑ Faac ❑ Pager Street (#, Name, Type, Direction) Internet; E-Mail Address Ciry State Zip + 4 All Cfass N appiications must De submitted with the ioSlowing docnments: 1. Provide s copy of your executed (signed) rental lease and/or assignment, as well as a letter of pernvssioa from ffie landlord, to allow this type of business operstioa on the premises unless speCified in the leasa Or, provide a copy of your Purchase Ap{eement andlor BiIl of Sale of the property. •� 2. If incorpotated oc p•ermership, provide a copy of your Acticles of Incorpocarion, as well as mioutes of the fiist corporue meeting, elections of offcers, snd desire of corporntion to en[er into this type of business. The 5rst co`porate meeting minutes shouid inciude the distrtbution/allocatioa of corporste shares. '`* Note: If your license(s) requ've a Surety Bond or Certificate of Iasurance, the Surety Bond and Insurance expiration dates must run coneurrent wit4 the ficensa *' ❑ American Eapress ❑ Diseover ! mature of Cardholder ❑ MasterCard ❑ Visa or Expiration MonthlYear Date D....i��1 f/OFIM7 �oning'Summary Sheef Date: _[�� 7� Licease ID# (Office Use) n order for the Zoning Adminis4ator to determine the cIassification of your business and to expedite yonr license application, �is form must be completed and submitted with a floor plan and a site plan which is dimeasioned and drawn to scale (sea examp ¢e & floor plan formats 6elow)_ � " "ZoninQ auuroval wil} not be Qranted for this license reauest without tLis informatioa :usiness Addnss �'-L �� AJ E' Bnsiness Type l' �/1- ',�} t E S �¢ Street Address usinessName V ��#JF f�/TO S� �C'S icenseelOwnerlVame: ��6ti A�- � 0�+2�-lc° 2 Day Phone: b S l/ 2.�' ��.S — 2� ZesporzriblePartyJ First Middle Maiden Iast tease answer qnestians 1- 6. Yon w�71 also need to answer gnestions 7— IS if yau are applying for a r�taurant license. onhct the zoning inspector at 651 fL66-9083 if you have questions about the iaformation needed on iLis farm_ 1_ What is the gross $oor azea for this busmess? �'� 7 0 squaze feet 2_ What was the previous use of dils space? (� �j/L S/91c'S 3. How many off-street pazldng spaces are provided for � 6��5? n� I,� 4. How many different uses az in the building? � i.Whataretheseuses? !"!�- 5. Do you own the property nr are you leasing ix? Puw��s�� 7. Do you intend to tiave a drive-tluu window'? 8. Wilt you have a permanent menu board? 9. Do you intend to serve liquor? 10. Is Yhis a restaivaat associated with a Chain or franchised business? 1 i. W�11 cusFomers pay for their food before coasuming it? 12. Is a self-service condimeat bar proposed? 14. Will there be hard fiuished, stationary seating? 13. Rre trash receptacles provided for self- s�� t��gr 15. Are your mam coisse food items Prepackaged or made to order? �L.A7+1 . _. �'7_l-_'� y _ yes " no _yes ' ' no _ yes �no _yes ��no �� ` yes ` no _ yes 1J�� no yes � no ,�7��_,� • �z-4`-6" � -=--� � 3 /3a�� ° _t �'� � eA�� S'7"K ��- j "' = 2�` �'�r�- � � �r.. a o � i�� °$��° • LXS=sT.Lr11lG �3��C .� �� ' ('�2Ar,E AR� ( 3°`----� --F%latir: �,�r�.zy � O�f�RflE�� 1�� .�,�r'E �il�l� �/�t�; �ao��E � � �' � W � � �� n� � ,� 1 .„ _ � irD� I 6g-�o • October 9, 2007 Subject Property: 1229 Payne Ave. St Paul, MN Located on the Southwest corner of�ayne Ave and East Hawthome Ave. and 1 block North of Maryland Ave. Property is contiguous to parking lot on the south and alley to fhe west. Applicant has agrced to conditions that have been attached to subject property which can be meet without modification to subject property. By virtue of this property having an existing building constructed in 1953 under ciiy guide lines and conditional uses of record cannot be meet for outdoor auto sales and auto specialty store (detail shop) at the present time without moditifions to exciting codes. Applicant will be detailing those vehicles in prepazation for display aad sale on the lot. Applicant wiil be sole employee and hours of operation to be as follows: M-F 9:Q0 AM — 7:00 PM, Sat 9:OOAM — b:00 PM. Sunday closed. Some o�the following conditions found in Sec.65.703 (a) and (c) and Sec. 65.706 (b) and . (d) with existing property aze not and cannot be in a accordance with current city specifications without modification: Sec. 65.703 (a) attached is E�ibit A which was presented by prior applicant and assisted by city staff. The attached E�ibit B is duplicate site plan with new applicaut's name. Sec. b5.706 (c) lot reqnirements will require modification and Exhibit A and Exhibit B are presented as site plan for new applicants modification of current city specifications. T'he following conditions found in Sec. 61.502 would unreasonably limit or prevent lawful use of the subject property without modification because the property e�ust as it was build in 1953. Bxhibit A and E�ibit B provide a workable solution to the general welfare of the community and owner of the properry. The city reqirirements of Sec. 63305 are presented in E�ibit A and Eachibit B as assisted by city staff for prior applicant. Applicant submits this site plan as acceptable in their request to operate their business in the community and provide reasonable and quite enjoyment for surrounding properties. 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