10-04Council F�e# 10-04
Green Sheet # " (,» J �
RESOLUTION
OF SAiNT PAUL, MINNESOTA
Presented
0
WHEREAS, Semple Enterprises (hereinafter, "Semple"), on October 15, 2009, in Planning Commission
File No. 09-293-898, made application to the Saint Paul Planning Commission (hereinafter, the
"Commission"} establish legal nonconforming use status for a concrete and asphalt processing operation
pursuant to Leg. Code §62109(a) on property commonly known as 91 Ridder Circle [PIN No.
052822120014) and legally described as REGISTERED LAND SURVEY 369 LOT 1 BLK 3
RIVERVIEW IlVDUSTRIAL PARK N012 AND IN SD REG LAND SURVEY 369, TRACT A; and
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WHEREAS, on November 5, 2009, the Commission's Zoning Committee received a Commission staff
report dated Octobes 28, 2009 recommending approval of Semple's application and, pursuant to Leg. Code
§ 61.303, conducted a public hearing on the application at which all persons present were given an
opportunity to be heard and, following the close of the public hearing, the Zoning Committee moved to
recommend that the application be denied based upon the record presented to the Zoning Committee; and
WHEREAS, an November 13, 2009, the Commission received the recommendation of Zoning Committee
and, based upon the applieation, the report of staff and the proceerlings before the Zaning Committee, as
substantially reflected in the minutes, the Commission moved to deny the application based upon findings
of fact No.'s 3(4), 3(6), and 3(7), as set forth in Commission Resolution No. 09-64, dated November 13,
2009 as set forthbelow:
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The property at 91 Ridder Circle is owned by Semple Enterprises. The property is leased to
Semple Crushing and Recycling, the entity which owns and operates the asphalt and concrete
crushing equipment. Several other Semple businesses also operate from the property at 91 Ridder
Circle.
The applicant has stated that asphalt and concrete crushing operations have taken place at 91 Ridder
Circle since 1999. Accarding to statements provided by the applicant, crushing operations occur
during standard business hours and dust control measures are taken during operations. The
applicant has also stated that the amount of unprocessed and crushed concrete and asphalt present
on the site typically does not exceed 12,000 tons. By the applicanY s estimate, the amount of
material currently presently on the site is about twice that amount.
The applicant has also stated that the crushed conerete and asphalt is independently tested to ensure
that it meets MnDOT specifications for recyaled aggregate. This testing does not include testing
for chemical makeup or the presence of contamination.
36 2. The properry is located near Holman Field, and within the current Aixport Safety Zone A as defined
37 under Minnesota state law. Proposed airport zoning would redefine Zone A as having the same
38 extent as the current Runway Safety Zone. The resulting zoning would place approximately 2/3 of
39 the property in Zone A, with the western portion, where the applicant is proposing to relocate
40 crushing operations, falling in Zone B. The Metropolitan Airports Commission (MAC) has si�ed
41 the petition of adjacent property owners consenting to the establishment of legal non-conforming
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Section 62.109(a) of the zoning code provides that the Planning Commission may grant legal
nonconforming use status to use of structures if the commission makes eight fandings. The findings
and the applicant's ability to meet them are as follows:
(1) The use occurs entirely within an existing structure. This condition is not applicable; the use is
an outdoor use.
(2) The use or use of similar intensity permitted in the same clause of the zoning code or in a more
restrictive zontng district has been in existence contfnuously foY a period of at Zeast ten years
prior to the date of the application. This condition appears to be met. The applicant has stated
that asphalt and concrete crushing has been performed on the site periodically since Semple
Recycling and Crushing was established. The company was established under Minnesota law,
with a registered location at 91 Ridder Circle, in May, 1949. To support this claim, the
applicant has provided three types of documentation:
First, the applicant has provided loan documents, account statements and other documentation
showing the purchase of crushing equipment no later than early 1999. The applicant has also
stated that additional purchases of crushing equipment have been made since that time, aud has
provided invoices, sales quotes and other documentation of said purchases. This machinery is
transportable, and can be used at both the business address and at other job-sites.
Second, the applicant has provided invoices and other documentation showing the purchase of
unprocessed asphalt and concrets and the sale of crushed asphalt and concrete in each of thz
years 2003-2009. The applicant has stated that business records are kept for a maximum of 7
years.
Third, the applicant has submitted sworn affidavits from James Semple, 7ulie Semple, Terry
Semple, and Denice Semple. Each affidavit states the ownership interest af the attestant in
Semple Enterprises, that the attestant has worked for Semple Recycling and Crushing for 10
years, and that asphalt and concrete crushing operations have taken place at least three times
yearly at 91 Ridder Circle far the entirety of that time of association (since 1999),
(3) The off-street par•king is adequate to serve the use. This condition is met. The concrete and
asphalt processing is accessory to other uses on the site, for which the parking requirements are
met.
(4) Hardship tivouZd result if the use were discontimced. This condifion is not met. The crushing
equipment used by the applicant is portable, and the applicant has indiaated that the equipment
is regularly used off-site. All asphalt and conarete to be crushed at 91 Ridder Circle must be
transported to the site from an off-site location, and could be crushed at the off-site location.
(5) Rezaning the property would result in "spot" zoning or a zoning inappropriate to surrounding
land uses. This condition is met. The use in quesrion could be established under a conditional
use permit if the property were rezoned to I3 Restricted IndustriaL No adjacent or neazby
parcels are zoned I3. A number of uses allowed only in I3 would be incompatible with
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surrounding uses, including infectious waste incineration, petroleum and gasoline tank farms,
and rettdering and tanning facilities. Therefore, rezoning would result in both "spot" zoning
and a zoning inappropriate to surrounding land uses.
(6} The use wi11 not be detrimental to tlze existing character of development in the immediate
neighborhood or endanger the public health, safety, or general welfare. This condition is not
met. The use would be detrimental to the existing character of development in the immediate
neighborhood, which is generally light industrial and office in nature. Nearby property owners
and other members of the public have expressed a number of concems regarding the proposed
establishment of concrete and asphalt crushing as a legal non-conforming use. Concerns have
included days and hours of operation, dust and noise impacts on nearby areas, including dust
impacts on sensitive industrial equipment and building HVAC systems, and potential chemical
contamination af reclaimed asphalt and cancrete processed at the site. Dust could potentially be
damaging to neazby industrial equipment and facilities. Both fugitive dust and storm water
carrying pollutants picked up from unprocessed or crushed concrete and asphalt present a
potentiai threat to the public health, safety, and general welfare.
(7) The use is eansistent with the comprehensive plan. This condition is not met. Policy 5.1.3 of
the Mississippi River Corridor Plan states that the City supports continuation of industrial uses
in appropriate portions of the river corridor. The policy also states that modifications or
additions to industrial uses in the river corridor should be supported only when they have no
significant adverse impact an water quality ar air quality for the river corridor and adjacent
neighborhoods, and when they do not substantially impair the visual character of the corridor
from ad}acent neighborhoods or from the river itself. Due to the potential negative noise and
dust effects associated with concrete and asphalt crushing, establishment of crushing operations
as a legal non-conforming use would be inconsistent with the Comprehensive Plan.
($) A notarized petition of two-thirds of the property owners within one hundred (100) feet the
property has been submitted stating their support for the use. This condition is met. The
petition was found sufficient on October 5, 2009; eight (8) pazcels eligible; six (6) parcels
required; six (6) parcels signed.
WHEREAS, pursuant to Leg. Code § 61.702(a), Semple, on or about November 20, 2004, duly filed an
appeal (Planning Commission File No. 09-327588) from the determination made by the Planning
Commission and requested a hearing before the City Council for the purpose of considering the actions
taken by the Commission; and
WHEREAS, pursuant to Leg. Code § b L702(b) and upon notice to affected parties, a public hearing was
duly conducted by the City Council on December 16, 2004, where all interested parties were given an
opportunity to be heard; and
WHEREAS, the City Council, having heard the statements made at the hearing and having considered the
application, the report of staff, the record, minutes and recommendation of the Zoning Committee and the
Commission's resolution, does hereby
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134 RESOLVE, that the Council of the City of Saint Paul, pursuant to Leg. Code § 61.104 hereby affirms the
135 decision of the Commission in this matter as the appellant has failed to show that the Commission
136 committed any enor in its facts, findings, or procedures and the Council, accordingly, herein adopts the
137 findings and conclusions of the Commission set forth in Planning Commission Resolution No. 09-66 as its
138 own; and be it
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140 FURTHER RESOLVED, that the appeal of Semple Enterprises is therefore denied; and be it
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142 FINALLY RESOLVED, that the City Clerk shall mail a copy of tlus Resolution to the Appellant Semple
143 Enterprises, tt�e Planning Commission and the Zoning Administrator.
�,,�� 9
Yeas Nays Absent e �t�
Reque�e'd by Depar �e t of:
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Carter
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Approved by the Office of Financial5ervices
Adoption Certifizd b Council ecretary
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Approve b a r: ate � 6 ZOl6
By:
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Approved b ty Atto�
By: ���w«�-- 12- Z 3- o
Approved by Mayor foi Submission ta Council
BY� P I�G��S�� �o��oZ �? �'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green SH@ei4 �
CR - Ciry Attomey
23 DEC 2009
! Green Sheet N4: 309316'I
i Contsct Person 8 Phone:
� Peter Wamer
266-8710
� Must Be on Councii Agenda by (Date : �
� O6-JAN-10 � � �, �,� ��
i
� Doc. Type: �SOLUTION i
EAOCUment Required: Y
Document Contact: JuVie Kraus
Contad Phone: 266-8776
�►
Assign
Numher
Por
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
1 11ePt OfS f N&lo5Oe4liou5 LePar[meuiliuenvr
2 �ity Att rnev �h Attoruev � -� 6 `�
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Memorializing CiTy Council's December 16, 2009, morion [a affitm ihe decision of the Planning Comm9ssion in this matter and deny
the appeal of Semper Entecprises to establish a legal nonconforming use status for a concrete and asphalt processing operation on the
properiy coznmonly lmown as 91 Ridder Circle in Saint Paul.
Recommendations ApRrove (A) or Reject (R):
Planning Commission
CIB Committee
Civit Service Commission
Personai Service CoMracts Must Answer the Following Questions:
1. Has this persoNfircn ever worked under a contract for this depadment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Dces this perso�lfirm possess a skill not normally possessed by any
current city employee�
Yes Plo
F�cplain alf yes answen on separate sheet and attach to green sheet.
lnitiating Problem, issues, Oppoduniiy (Whq What, When, Where, Why):
The Council is required piusuant to City Chat[er to have its acfions reduced to writing eitl�er in the form of a resolutoin or an ordiance
dependenC upon the nature of the matter before it. The decision of the Council in this matter required a written resolutoin in order to
comply with the Charter.
Advantages H Approved:
Resolution will fulfill the Council's duty under the Chartar.
Disadvantages IF Approved:
Disadvantages If Not Approved:
Total Amount of
Sransaction:
Funding Source:
Financiai InfoYmation:
(Explain)
Activity Number.
CostlRevenue Budgeted:
December 23, 2009 2:04 PM Page 7
DEPARTMENT OF PLANNING &
ECQNOMIC DEVEIAPMENT
Cecrle Bedor, Direcror
CIfiY OF SAINT PAUL
Christopher B, Cbteman, Mayor
December 1, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
2s wesr Fourth streer
SaintPaul, �LW 55102
10-_-.
Te7ephone: 651-2b6-b700
Facsimite: 557-2283220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
December 16, 2009, for the following zoning case.
Zoning File Number:
File Name:
Address:
09-327-588
Semple Enterprises
91 Ridder Circle
Purpose: Appeal of Zoning Commission denial of application to establish lega{
non-conforming use (Zoning File 09-293-898)
Previous Action:
Zoning Committee Recommendation: Denial; 5-1 (Alton); November 5, 2009
Planning Commission Recommendation: Denial; 12-2(Alton, Schertler}-1(Spaulding}; November
13, 2009
I have confirmed this day with Councilmember Thune's office. My understanding is that this
public hearing request witl appear on the Council agenda on or before the December 9, 20Q9
City Council meeting and that you w+il publish notice of the hearing in the Saint Paul Legal
edges� Piease call me at (651) 266-6659 if you have any questions.
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Si �nce�ely,
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J�ua �iliams � �rne s�c �ui cny counca wut con-
'; duct a pubbc hearfng on Wednesday. De-
C •��8f1I'12f cember 16, 2009 in the Ctty Councll
Chambera, Third Fioox, Citq Hall-Court
House, 15 West KeUogg BouLevard, to con-
cc: , File #: 09-327-588 ai����e � Pie Ern�nse6 w
ning commisstan de-
Semple Enterprises n�-cono„n us�c Riae� ci�e
Kelly and Lemmons, P.A. ��°9_3z7���
E2arg Ertckson ,
Paul Dubruiel assr�mntciryco„n�us�erary
Dated: Uecember 2, 2009 - ,
Wendy Lane ���
ar. e�m. crcau. a.�nc+cs
Samantha Langer �i
AN AFFIItMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER
10-04
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DEPAR1MENf OF PLANNING &
ECONOMIC AEVEIAP?vfENT'
Cecile.8edor,Director
CITIr OF SAINZ' PAUL
Chrislopher B. Ca7eman, Mayot
December 8, 2009
Ms. Mary Erickson
City Councii Research Office
Room 310 Ciiy Hall
5aint Paul, Minnesota 55102
Re: Zoning File #:
File Name:
Appetlant:
Address:
Purpose:
09-327-588
Appeal Semple Enterprises
25 i7ert FoxnhSYreet
SainlPmr� d?T755102
�
�
Telephone: 651-266-670D
Facsnnile.� 651-228-3220
91 Ridder Cirol, S1 Ridder Circle
Appeal of Planning Commission's denial of an application to estabiish
legal nonconfonning use status for a concrete and asphait processing
operation {Zoning File # jinsert �le no,.of decision being appealed] )
Citv Councii Hearinq: December 16. 2009. 5:30 p.m.. Citv Council Chambers
Staff Recommendafion:
District Council:
Zoning Gommittee Recommendation:
Support:
Opposifion;
Planning Commission flecision:
Deadline for Action:
Sfaff Assigned:
Approval
Deniai •
Qeniai, vote: 5-1-0
Q people spoke, 5 letters were received
4 people spoke, 3 letfers were rece+ved .
Denial, vote: 12-2-1
February 72, 2010 (eactended from Aecember 14,
2d09)
Josh Williams, 651-256-6659
Attachments: Appeaf and supporti�g materials
Planning Commission resotution
Planning Commission minutes
Zoning Committee minutes
Deadline for Action extension letter
Corresponder�ce received
Staif Reparf packet
cc: Zoning File #: 09-327-588
Appellant: Semp(e Enterprises
Wendy Lane
Donna Drummond
Altan Torstenson
City Council Mem6ers
District Council: 3
Peter Warner
PCelly and Lemmons, PA
AN AFFIlZMA2TVE ACIIONBQUAL OPPORTUNPlY EMPLOYER�
10-04
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RAlIA;
APPtICA710N FOR APPEAL
Departmenf of Planning and Economic Dsvelopment
Zoning Section
1400 Cify Ha!lAnnex
25 West Fourth Streef -
Sainf Pauf, MA1 55102-i634
(657) Z66-S589
Name
Addres:
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Zoniti Q ce_Use Onl L
File �: - �'Z�J
Fee ����`�
Tenfativ / N / ea p:pafe. _ '_.
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Cify � T SS. �Jv Zip .�.��� Daytime Phone (,�1 �� �a-t
PROPERTY
LOCATION
Zoning File Name �F��L� �iuT�,�P.PKFS
Address 1 �ocation g/ '�' ��.Q C�2�F
T'YPE OF APPEAL: Apptication is hereby made for an appeal to the:
❑ Ptanning Commission, under prov(sion of Chapter 61, Section 701, Paragraph c of the
Zoning Code, of a decision made by the Planning Admintstrator or Zaning Adminisfrator
/” OR
�' City Counail, under provision of Chapter 81, Section 702, Paragraph a of the Zoning Code,
of a decision made by the Pfanning Commission
t�l«-5� Sec a��'-�.�� �x�. �,�- �.
Aitach additional sheets if necessary
�
appellant's Signature
�cmartinelpedffocroslpcapQtarappeal Revised 8/27108
Date of deaision: `�1oV��.� I� , 20� Fi{e Number: r?"l -,2�3 ��S
GROUIVDS FOR APPEAL: Expiain why you feel there has been an error in any r�quirement, permit, decision or
relusai made by an admin�strative offic(al, or an error in fact, procedure or finding made by the Pianning
Commission.
���uP $� sr�
-� �t-lo�
� t� 0 City Agent 1?���
t1-7�-�`I
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10-04
Kellv & Lemmons, P.A.
ATT ORIVBYS AT LA W
OFCOUNSF,L:
McG[RGdN&SOLLY, PLE
• Patrick 7. Kelly
gkeli}�kell�ndlemmons. com
Licem�ed iu Minnesola ana w'ueonsia
November 20, 2009
City of St. Pav1
Dept, ofPlanning & Economic Development - Zoning Counter
140tT CityHs11 Ann�
25 Wesf Fourth St
St Pau1, MN 55102-1634
RE: Zoning F7ile Nn. 09-293-898
Sempie Enterprises Applicatian for E�stmg Noneonforming Use
Propertp Address: 91 Ridder Gircle
Dear Sir/Ivladam.e:
Enclosed herewith please find the Applicarion for Appeal foxmally appealing the deeision of the
Plantiing Gomnusszon dated IQovember 13, 2009. Also enclosed is a check in tlze amounf of
$435.00, in full payment of ttie fiIin.g fee. .�
Please do not hesitaEe fo contact me if you have any �estions.
I. -.y. � ,iifil'+a
' . ,.�. .
KELIfI' & LEMMOI�IS, P:A.
/ `iP�"'���
Patrick J: gelly
i
7300 $IIDSON BOULEVARD NORTH, SUTPE 200 •'$AIlVT PAUL, MIiVNESOTA 55128
TELEPHONB 651224-3781 • FACSIMII.E 652-223-8019
wwtv.lcellyandlemmons.cam
10-04
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s�- t: -
On November I3, 2009, the Saint Paul Pianning Comnussion denied Semple
Enterprises's application to establish legat nonconfomvng use status for a canerete and asphalt
processing operation at 91 Ridder Circle. 'I'bis appeal is made to the City Council because the
Planaing Commassion's dexrial was based on eaors of fact, Iaw, and findings.
The Cify of St. Paul Zoning Committee Staff Report, dated October 28, 2009, found thaf
the applicant met tha findings set forth in §62.109{a) of the St. Paul City Code. Accordingly,
Staff recommended approval of the petition to estabiish Iegal nonconfomung use stafus for the
concrete and asphalt processing operation subject to four conditions:
(1) zoning adnunistrator approval of a site stouu water management plan;
(2) application for and receipt of an Industrial Stormwater Permit from the Ivlinnesota
Pollution f;ontrol Agency;
(3) zoriiug Admuv.sfrator approval of a plan for configuration of crusIung operations,
equipment, and materials sforage on the westexn end of the site; and
(4) that crushing operations take place no more tt�an four times per yeaz between the
hours of 8 am. and 5 p.m., Mondap through Friday. ,
� Despite no testimony or factuai evidence to support its decision, the Planving Commission
denied applieanYs petition after finding that the applicant did not meet the conditions set forth in
§ 62.109(a)(4); (6); and ('7). There was no factual evzdence or testimony to support its decision
and, as a result, the Planui.ng Commission's denial was arbitrary and caprieious.
In reacliing its decision, the Planuing Commission relied on genexali�ed neighborhood
opposition and specuIatiun. Generalized ar nonspecific citizen opposition is an insuffioient basis
for a pazticular zoning or land-use decision. See Chanhassen Estates Residents Ass'n v. City of
Chanhassen, 342 N. W.2d 335, 340 (Minn. 1984) (holding that a permit denial must be based on
something more concrete than "non-specifid'testimony and neighborhood opposition.); see also
Scott Caunty Lumber v. City of Shakopee, 417 N. W.2d 721, 728 (Minn. App.1988) (finding oity
could not prefer landowners' opinions, withouf "something more conerete," over experts' _
conclusions). Six letters of opposition were submitted to the Planning Commission--one
received before the puhHc hearing, four received at the hearing, and one received after the
hearing. The letters provide nathing more than general opposition and speculation as to the
potential risks of noise, dust, and other pollution. It should be nofed that, even though the
asphalt and concrete processar has been in use at 91 Ridder GSrcle since 1999, none of the
1 Once starfed, however, the crushing operation may continue for as many oonsecutive aperating
days as necessary to process all asphalt aad concrete present on site. ,
2 The Planning Commission found that applicant met fhe couditions iu § 62.109(a)(1)-(3); (S);
and (8). Therefore, those conditions aze not addzessed in this appeal.
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individuals who submitted letters has ever fited a compIainY with the City of Sf. Pa�1 or the
Mivnesota Pollution Conhol Agencyregazding any of the concems listed in their letters. It
shoalcl also be noted tl�at siY ofthe eight parcels withia oae-hundred feet of fhe properfy were
sigaatories to applicanYs petition .
1. I�nd'nig 3(4) that a hardship woald not result if the use were discontianed is
erroneons.
Sfafffound that this condition was met Applicant conducts a s¢hstantiat amount of its
hnsiness at the 91 Ridder Circle Iocation �d if it weze noY allowe& fo condncf ctusIvng
- operations there, it would resutt in increased costs and greater weaz and tear on equipment.
The Planning Commission, however, found ttiat"(t]he civshing equipmenf used by_t�ie
applicant is portable, and the applicant has indicated tbat the eqnipment is regularly used off-
site." (emphasis added).. The affidavits submitfed by applicane do not indicate that the eQuipment
is regalarly used off-site. Rather, the affidavits sta#e that tke concrete and.asphalt prooessor is a
mobile unit that does recyciing o$'-site `�vhen it is not at 91 Ridder GSrcle." '£here is no
evidence in tke record that the equipm�nt is regularZy used off�ite. Accozdingly, fhe Planving
Comm.ission's fmdmg is based on an assumption not suppozted by �y evidence.
In fact, asphalt and concrete is regu]arlyhaulerl from off-sife jobs to 91 Ridder Circle
b�ause tha cnaslung operations cannot be conducEed at that off-sife tocation. The asphait aud
conarete taken to 91 Ridder G4rcie is tfie material thaf cannot be.pmcessed af the off-site
location. This pointis bolsEerzd by tlie £act that the materiaLs aze then allowed to accumnlate at
9I �2idder so tiiat the coricrete and asphalt pmcessor is used only approximately fouz times each .
year in an effort to *n�n�m?ze noise and dust. This process begaa in 1999. As stated in the
a�davits submitted with ttte applicalion, if the legat nonconfornung use status is denied, the
appficaanf would suffer economic hardship becarase it would'be forced to haul asphatt and
concrete out of St Pau1, which inereases opexafing costs (i.e. fuel and vehicle maiutenance) and
the cost of additional3aUor needed to hanl materiaLs furfher distances. The Sta$'Report found
that this condition was met and recommended approvat of the petition.
Yef, the Planning Con�mission made a finding that "ali asphatt and concrete ... coutd be
erushed at the of£-site location." There is no evidence in tke record that all aspfiatt and concxete
could be cn�shed af an off-sife ]ocation. �thout any evidence or rafional basis for its frndin�,
the Planning Commissioa's finding is arbitcary and capricious.
2. k7inding 3(� that the nse wi12 be delrimeatal to the e�sYiug character of
development in the immediate neighborhood or ettdanger the pnbfic healtL, safety;
or general welfare is erroneons. �
The StaffReport found f3�at the azea is generally induskcial in nature and tiiat nearby
pmperty owners kad expressed concems regarding the poYeutial noise, dust, and chemicat
pollution. The StaffReport concluded, however, that "snfficient conditions attached to sit�
design and terms of operafion can amefiorate both the potentiai detrimental impacYS and tfireats
to the gubfic health, safety, and generat weLfaze.". .
Yet, tlie Planning Corrimissioa fo�md this condiiion was not met based solelq on the
generatized and speculative concems of nearhypmpetty owneis. Muinesota Conrts have
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consistentIyreversed decisions based on generalized concem. Sea Chanhassen Estates, 342
N.W.2d at 340 (apesmit denial must be based on somet,hingmore concrete than "non-specific"
testunony and neigfiborhood oppositian.); �cott County Lumber, 417 N.W.2d at 728 (city could
not prefer landowners' opinions, without "somef.fiing more concrete," over eaperts' conclnsions}.
Here, the Planuing Con�mission made the following �nding:
Nearby properEy owners and other membars of the public have e�ressed a
number of con6ems regarding the pmposed establishmeut of concrete arid asphalf
crushing as a legal non-conforming use. Concezns have included days and hours
of aperation, dust and noise impacts on neazby areas ... and potetctial chemical
contamivation of reclaimed asphalt and conczete processed at the site. Dust could
poterTtially be damaging to neazby indushial equipment and facilities. Both
fugitive dust and storm water cazrying pollutants picked ug from unprocessed or
crushed concrete and asphalt present a poteniial threat to the public health, safety,
and general welfaze.
(emphasis added). This finding 3s mere specula6on. See Trisko v. City of YPaite Park, 566
N.W.2d 349, 356 (Minn. App. 1997), review denied (Minn. Sepf. 25, .1997} (holding that a czty
acted arbitrarily when it based its denial on neighhorhood speculation that a quarry coultC canse
respiratory pioblems}). Consequently, the Plaw�ing Comnussion's decision was azbitrary and
capricious. ,
. There is no evidence in the record or testimony given at the hearing to substaatiate the
Plauning Couvnission's finding zegard'ang nozse and dust impact on neathy azeas. There is no
evidence in the record regarding chamical contamination of asphalf and concrete. There is no
evidence in the record regarding pollutants carried in dust and stoim water causing health
problems. To the cantrary, the record before the Planning Cominission shows that the concrete
and asphalt crushing processor has been used multiple times each year since I999 and that there
have beett no complaints'regarding dust, noise, or chemica] pollufion. There is therefore no
rational basas for the Platming Commission's finding.
To the e�ctent that the Planning Commissioa's findings can be substantiated, the City can
alIeviate its concerns by imposing coaditions on the Iegal nonconfonning use status. This was,
in fact, recognized and recommended by City Staff. A municipality's failure to suggest or
unpose conditions that would bring a proposed use into compliance supports a canclusion that
the denial was arbiiraz'y. Yeit US�I, Inc. v. Sherburne Coztnty, 20091VIinn. App. Unpub. LEXIS
258, *12 , in . App. 2009) (citing Trisko v City of Waite Park, 566 N.W.2d 349, 357 (Minn.
App, 1997), review denied {Minn. Sept. 25, 1997)). The Plattning Commission failed to suggest
or impose Staft's recoxnmended conditions or, any other conditions that would bring the proposed
use into compliance with § 62.109(a). As a result, its decision to deny the applicatiott was
azbitrary and capricious.
(i) Days and hours of aperations.
The applicant submitted affidavits from the owners of Semple Enterprises who have
worked for Semple Recycling & C`.tusiung, LLC for 10 yeazs and all four individuaLs stated,
' under oath, that the concrete and asphalt prooessor 3s used at 91 Ridder Circle `2vlonday through
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Friday dtuing daylight houts onty." City Staffbelieved this concem could be ameLiorate@ by
imposing a eondition that erushing operations could only occur Monday f.Umugh Friday, firom 8
a.m. to 5 p.m, and only�our times per yeat.
The Plavning Conamission ignored the recommendation, relying instead ou generat
neighborhood opposition. Yet, there was no testimony regard'mg days and houts of opetations
nor was there mention of days andhours concems in any of the letters submitted at tfie hearing.
Geneaalized citizen opposition is not a sufficient basis for a zoning or land use deeision See
G'h¢nhassen Fstates, 342 N.W.2d at 340. There is no evidence in fhe record to substaniiate the
Planuing Commission's findiug that the petmit should be dsnied be�ause of pnblic ooncem
zegarding the days and hours of operation It is worth noting that there have been no compta
filed with the City concerning tfie days and hours of operafions af 91 Ridder Ci�cle since
operations began a decacle ago. This finding has absolutely no supporE in the record and is
theaefore arbiirary and capticious. •
Even if the record substauiiated the Planning Comm;e�;on's finddng regarding days and
hours of operation, the concems could be alleviated by placing Sta�s recommended reshictions
bn the nonconfomring use permii with respect to the days and hovrs the aspbalt and conczete
�mcessor coutd be operated. �
(ii) 73ust and noise �acts on nearbxindustriai areas.
The affidavits srxbmitted with the appflcation state that Semple Recqeling & Crusviug,
LLC uses the aspl�alf and conerete pxocessor four times per year in an effort to m,ni; r„�e the dust
aud noise impac� The affidzvits fmther state fhat while the pmcessox is in use, Semple
Recycling & Ccushirig, LLC works to m;nimi�P dust through the use of water oa the conveyor .
and also using a water iruck and frre hoses. These mea.�ues have.effectively prevented excessive
dust from being dispersed and if is significant that fltere have been no complaints regazd'mg dust
ar noise since operations began in 1999. At the heazing, tkere was no evidence or#esYimony
whatsoever iegarding actual dust and noise impacfs. Tha P2anning C�*�;��+on's findiag that
there is the patenfiad for dvst and noise unpacts is mere speculafion, wirich is an arbitrazy basis
for deniat of app&cant's petitiom
If the PlanniRg Comruission's fmd'mgs are substantiatecl, conditions to m; 0;,,,9�e the dust
and noise impact could be placed on tfie pennit in order fo bring it into compliance with City
Code. In fac� this was the recoxnmendation of City StafE
("ui) Potential chemicai contamination ofreclaimed asphalt and concrete processed at
ffie site. '
There is no evidence in the record fo supporE f�is fmiiing. The crushed concrete and
asphalt is independently tested to ensure that it meets MnDOT sgecifications far recycled
aggregate: 3'here have been no complaints from citizens conceming chemical contamination.
There have beett no complaints or inqniries &om fIie Mmnesota Poliufion Coufrol Agency
regaiding chemical contawinatioa of aspbalt �d concrete processed at the site. The Plauning '
Commission's find'uig in this matfer is purely speculative and therefore arhitrary and capricious.
4 -
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� (iv) Fuqtive dust and stomi water carrvine nolTutants �resent a"potential" tIueat to
the nublic fiealth. safety and general welfaze.
This fittding has no support in the record. The asphalt and concrete processor has been in
use at 91 Ridder Circle since 1999 and theze is nothing in fhe record to refIect that the operations
have endangered the public healtt�, safety, or general welfare. The Planning Commission's own
language demonstrxtes that this finding is nofhing mora than speculation and without a rational
hasis.
3. Finding 3('nthat the nse is iaconsistent with the comprehensive plan is erroneons.
There is no evidentiary basis for the Planning Cotnivission's finding that Uus condition is
not met based on "the potential negative noise and dust effects associated with concrete and
asphalt crushing." 91 Ridder GYrcle is located near T3oIniau Field, and wholly withiu the current
Zone A. There are ruiuring ]ights on tJae properfy: The naise from the crushing operations is
consistent with the naise from airplanes and helieopters landing nearby. The concrete and asphalt
erushing operation has existed at 91 Ridder Circle since 1999. Since operations began, there
have been no complaints regazding noise; there have been no complaints zegarding dust; and
there have been no complaints regardang an adverse impaat on the water or air qua]ity.
Tn addition, applioant has proposed to relocate its crushing operations to faIl into the 1/3
of its property that is alassified as Zone B. It is importaut tA note that the Metropolitau Airports
• Commission (MAC) signed the petition of adjacent property owners consenting to fhe
establishmettf of legal non-confortning use.
Accorc�ng to tha Staff Report, Strategy 2 of the Land Use Plan is to Provide Land £or
Jobs, wluch includes pmtecting existing employment and encourage efficient use of industrial
lands. Staff found that the proposed non-confoxming use of the properiy allaws the pmperty to
be put to "efficient use in teans of the number of jobs supported," and that denial of the petition
to estaj�lish a legal non-conforming use `�t*ould reduce the oapaeity of the pazcel to support
jobs." Last, Staff found that due to its location near Holman Field, aitexnate uses of the property
are limited and would be unlikely to produce a similar number of jobs, As a result, Staff
recomrnended that sufficienY conditions be attached to the site design and texms of operation to
ensure that the use is consistent with the Comprehensive Plan.
The Planning Commission disregazded khis information and Staff's reeommendafion and
azbiirarily refied on speculative conceins regarding the "pofzutial" that negative ttoise and dust
affects could be inconsistent with the comprehensive plan. The Planuing Commission's failuxe
to suggest or impose Staff's recommended condifions supgorts applicant's position that the
denial was arbilrary. See Trisko, 566 N. W.2d at 35'I.
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4. The Planning Commissios's denial was arbifrary and capricions. - •,
The evidence in tfie record and City Staff's recommendatinn fo approve the petifion
demonstrate that app&canf ineets the eight criteria listed m§ 62.109(a). In denymg the
applir,ation to establish Iegal nonconforming use status, tfie Plannmg Eommission relied on fhe
geaeralized opposition of nearby landoamers. However, there is no evideuce to substanfiate the
specu2a2ive clain5s raised by these landowners, Mere speculation is an ubifraiy hasis for deniai
�ofapermit. � �
The Planning Commission failure to impose or even suggest condifions on Ehe permit that
would bring the use into compliance with City Code underscares that the decision was arbitrary
and capricious. Because tfiere is no rational basis for i�s denial, the denial shouid be reversed
and Sample En�rprises's applica#ion to establish legal noncoaforming use status granted.
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10-04
� city ofi saint paul
pfanning commission resolution
file number o9-�9
Uafe November 13. 2009
WHEREAS, Semple Enterprises, File # 09-293-898, has applied to establish lega) noncoriforming use
status for a concrete and asphalf processing operafion under the pro�isions of §62.109(a} of the Saint
Paul Legislative Code, on property located af 91 Ridder Circte, Parcel ldent�cation Number (PIN)
052822120D14, lega)�y described as REGISTERED LAND SURVEY 369 LOT 1 BLK 3 RIVERVfEW
INDUSTRIAL PARK N0.12 AND IN SD REG LAND SURVEY 389,TRACT A; and
WHEREAS, the Zoning Committee of the Pianning Commission, on November 5, 2009, hafd a public
hearing at which al! persans present were given an opportunity to be heard pursuant to said applicafion in
accordance with the requirements of §61,303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul P(anning Commission, based on the evidence presented to its Zo�ing
Committee at #he public hearing as substantiaily refilected in the minutes, made the following findings of
fact:
9. The properiy at 91 Ridder Circie is owned by Semple Enterprises. The properly is leased to
Semp(e Crushing and Recycling, the entity which owns and operafes fhe asphalt and concrefe
crushing equipmenf. Several other Sempie businesses also operate from the property at 91
Ridder Circle.
. The applicant has stated fhat asphalt and concrefe crushing operations have taken piace at 91
Ridder Circle since 1998. According to statemenfs prov+ded by the applicant crushing operations
occur during standard business hours, and dust Controi measures are taken during operations.
The applicant has aiso stated that the amount ot unprocessed and crushed concrete and asphait
present on the site typicaily does not exceed 12,000 tons. By the applicant's estimate, the amount
of materiat currently presently on the site is about twice fhat amount.
The applicant has also sfated that the crushed concrete and asphalt is independentty tested to
ensure that it meets MnDOT specifications for recycled aggregate. This testing does not include
testing for chemical makeup or the presence of contamination.
2. The properly is located near Hoiman Pield, and within the current Airport Safety Zone A as
defined under Minnesota state iaw. Proposed airport zoning would redefine Zone A as having the
same extent as the current Runway Safety Zone. The resulting zoning wouid place approximafely
213 ofi the propeHy in Zone A, with the western portion, where the applicanf is proposing to
relocate crushing operations, falling in Zone B. The Metropo{itan Airports Commission (MAC) has
signed fhe petition of adjacent properly owners coRSenting to the estabiishment of legal non-
, conforming use.
3. Section 62.109(a) of the zoning code provides tMat the Planning Commission may grant legal
nonconforming use status to use of structures ff the commission makes eight findings. The
findings and the applicanf's abiGty to meet them are as follows:
(9) The use oecurs entirefy within an existing strucfure. ?his condition is not appiicable; the use is
moved by MQ�on
seconded by
in favor 12 !1 abstention Spauldinq)
against 2 (A1ton Schertler)
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an outdoor use. �_
(2) The use or use of similarintensity permilted in fhe same clause of the zoning code orin a
more resfrictive zoning disficf has been e�cisfence continuous/y for a period of af ieasf. fen
years prforto the date ofthe application. This condition appears to be met The applicant has
stated thaf asphalt and concrete cr�shing has been pertormed on the site periodically since
Semple Recycling and Crushing was established. The company was established under
Minnesota law, with a registered location at 9i Ridder Circle, in May 4999. To support this
ciaim, the applicant has provided three types of_documentation:
First, the applicant has prov�ded loan documents, account statements and other
documentation showing the purchase of crushing equipment no lafer than eaNy 1999. The
applicant has also stated that additional purcfiases of crushing equipment have been made
since that time, and has provided invoices, sales qliofes and other documentafPon of said
purchases. 'This machinery is transporta6le, and can be used at 6oth the basiness address ._
and at other joti-sifes.
Second, fhe applicant has provided invoices and other documentation showing the purchase
of unproc:essed aspfiaft and concrete and fhe sale of crushed asphalt and concrefe in each ofi
the years 2003-2009. The appiicant has stated that business records are kept for a maximum
of l years. � � .
Third, the applicani has su6mitted swom affidavits from James Semple, Julie Semple, Terry
Semple, and Denice Semple. Each affdavit states the ownership interest of the attesfant in
Semple Enterprises, that the attestant has worked for Semp(e Recycting and Crushirig for 10
years, and #hat asphalt and concrete crushing operations have taken ptace at least three Smes
yearly at 91 Ridder Cirde for the entirefy of that time of associaiion (since 1999).
(3) The off parking is adeguate to seEVS the use. This condition is met.The concrete and
asphalt processing is accessory to other uses on the site, for wfiich the parking requirements
are met
(4) Hardship wou/d result if the use were disaon6nued. This condition is not mef. The crushing
equipment used by the applicant +s portable, and the applicant has indicated that the
equipment is regulady used off-site. All asphalt and concrete fo be crushed at 91 Ridder
Circie musf be fransported to fhe site from an off-sife locafion, and could be crushed af the off-
site loca6on. '
(5) fZezoning the propedy would tesult in `spoY' zoning or a zoning inappropriate fo surrounding
land uses This condition is, miet The use in question couid be established under a condi8onal
use permif if the property were rezoned to 13 Restricted lndustrial. No adjacent ar nearby �
parceis are zoned 13. A number of uses aliowed onty in 13 woutd be incompatible wifh
surrounding uses, inGuding infectious waste incineration, petroleum and gasoline tank farms,.
• and rendering and tanning facilities. Therefore, rezoning would resuli in both °spoY' zoning
and a zoning inappropriate fo surrounding (and uses.
(6J The use wili nof be defrimentat fo fhe exisSng character of developmenf in#he immediate
neighborhood orendanger the pubtic heafth, safety, orgenera! weffare. This condition is not
met. The use would be detrimental to the epsting character of development in tt�e immediate
neRqhborhood, which is genera!!y light industrial and office in nature. Nearby property owners
and otfier members of the pub(ic have expressed a number of concerns regarding fhe
proposed estabtishment of cancrete anii asphalt crushing as a tegat non-conforming use. —
Concems have irtcluded days artd hours ofi operation, dusk artd noise impacfs on nearby
areas, including dust impacts on sensitive industrial equipment and building H1/AC systems,
and potential chemical contaminafion of reclaimesi asphat# and concrete processed at the site. '.
Dust could potentially be damaging to nearby industriai equipment and facilities. 8oth fugitive
dust and storm water carrying pollutants picked up from unprocessed or crushed concrete and
asphait present a pofentiai fhreat fo the pubtic heaifh, safefy, and generaf weffare. -
(7) The use is consistent wifh the comprehensive plan. This condifion is not met Pnlicy 5.1.3 of
the Mississippi River Comdor Plan states thaf the City supports continuation of industrial uses
in appropriate portions of #he river corridor. The policy also states that modificafions or
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• additrons to industriat uses fi the river corridor should be supported only when they have no
sign�canf adverse impact on water quality or air quality for fhe nver corrrdor and adjacenf
neighborhoods, and when they do not substantially impair the visual character vf Ehe corridor
trom adjacenineighborhoods orfrom the riveritseif Due to the potential negative noise a�d
dust effects associated with concrete and asphait crushing, estabiishmenf of crushing
operations as a legaf non-conforming use would be inconsistent with the Comprehensive
Plan.
(8) A notarized pefifion of tvro-thircis of the properfy_owners within one hundred (400) feet the
property has been submiffed stating theif support for the use. This condition is met. The
petition was found sufficient on Ocfober 5, 2009; eight (8) parcels eligible; six (6) parcels
required; six {6) p'arcefs signed.
NOW, THEREFORE, BE 17 RESOLVED, by ihe Saint Paul Planning Commission, under ihe authority of
the Ciiy's Legislative Code, based on findings 3(4), 3(6), and 3(7) above, that the applicafion to establish
legal nonconforming use status for concrete and asphalt processing operation at 91 Ridder Circi is
hereby denied.
L�
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10-04
Saint Paul Planning Commission
GYty Hali Co�erence Center
15 gellogg Boalevard West
Minutes November 13, 2009
A meeting of the Planning Commission of the City of Saint Paul tivas field kriday, November 13, 2009, at
8:30 a.m. in the Canference Centea of City Hait.
Commissoners
Present:
Coruutissio�
Absent:
Mmes. Doffielly-Cuhen, Paricy, Lu, Morton; Porter, Smitten, YJencl; and _
Messrs. Alton, Johnson, Bzamer, Nelson, ScfiertIer, Spaulding, Wazd, Wicldser.
Ms. *Thao, and Messrs. xCommers, *Goodlow, *C,ordon, *Margutie"s.
*Excused .
Also Preseut: Donna Draminnnd, Planning Directoi; Lucy Thompson, Patdcia James, Amy
Filice, Penny Simison, Jessca Rosenfeld, 7osfi Williams, (�aig O'Brien, Sarah
Zom and Sonja BatIer, Depar[mcnt of Planning and Economic Development
siaf£
L Appmval of rumntes October 30, 2009. •
II.
it
MOTION: CommissionerJohnson moved approvaT of the minutes of October 30, 2009.
Comnrissinner Wencl seconded tlre motiorz. The mntion cnrried unanimousZy on a voice vnte.
Cbafr's Amioancements
Chair Alton annoimced that each of the commissionets received updated msiers with their contact
ixfformation liste$ One list is confrdential and does not get released to tfiepublic, and tfie other is
zeleased to the pab&a He asked the commissioueis m look them over tn make sure their
infoimation is correcL
Planning Uirector's Announcemenfs
Donna Ihummond annoemced the upcoming public mundtables for the T3am14ne, Victoua aad
Westem Station Area planning. The mundtables are on �esday and Wednesday of next week.
Nexf Wednesday at Gity Council there wi11 be a resolntion undec eonsideration to approve a
frnance and spending plan for Cennal Co�dor streetscape improvements.
TV. T.ocal Samt Panl Office Market and BeQional Comuarison —Presentation by Skye Cook, _
Ciishman and Wakefietd; Rob Davis, NorthMazq Real Fstate Setvices, LLC; �d Jesy Driessen,
CB Richard IIlis. -
Matt Anfang fromthe Saint Paui Building Orqners and Managets Association {BOIvIA)
introduced tfie speakexs. Mr. Anfang said that they would start witfi an oveiview of the
Downtown market.place far commercial real estate. BOMA represents buIlding owneis and
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10-04
•
Commissionez Ward said that with overall vacancies on the rise and given the cost of materials
and construction, how wi11 this affect fubtte conshvction of new space?
Ms._Cook's iesponse was that for'any project that is in the mazket right now, all of tl�e geneial
contractors are hungry for work and w�l bid on a project even if there is" no,chance that they w�71
get it. It is very competifive as fac as building out office or indushial space.
Commissioner Scbertler asked about the downtown parking supply and what amount of pazking
is needed pes employee to meet mazket demands. He does aot think it is 0.8 spaces per
employee, like it would be in Burnsvllle. The availabiliry of more transportation choices
downtown would affect that.
A3r. Driessen said thal two spaces per thonsand sqaare feet is very heakhy for downtown and one
per thousand is not had eithet. Ms. Cook added that the building owners and landlords aze doing
very competitive leases right now. 2'hey aze providing as many incendves as they can to get a
deal done. She noted t6at if the City can ptovide any financial incentives, snch as through the
Strategic Investment Fund or with parking incentives, that tbis helps Saint Paul look more
amactive when prospective tenants are weighing all their options
V. Zoning Committee
• 5ITG PLAN REVI�W — List of cunent applicaflons. (Tom Beach, 651/166-9086)
Qne item to come before the Site Plan Review Committee was Leschednled fcom November 10`�
to November 17 —parking lot for Veofia Environmental Services at 309 Como. I3ew temporary
gravel pazking lot vtath 20 spaces on a vacant lot that is cusently paved with gravel.
NEW BUSINESS
a9-296-571 Dnane Axtrnan — Conditional I3se Permit for anto repair. 336 I,arpenteur Avenue
West between Westem and Fazrington. (Sarah Zorn, 65i/266-6570)
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to approve
the conditionaZ use p'emaitsubject to additional conditinns. The motion carried unanimously
an a voice vote. .
#09-301-356 genneth Brown — Conditional Use Permit for indoor recreation center. 1990
Suburban Avenue between Ruth and Burns. (Sarah Zorn, 651/266-6570)
1VIOTION: CommissionerMorton maved the Zoning Commi#ee's recommendakon to approve
tke conditional use permit subject to additional conditions. The motion cmried unanirnously
on a voice vote.
#09-293-898 Semole Entemrises — Establish legal nonconfo�ming use status far concrete and
asphalt processing opexation. 91 Ridder C�xcle. (Josh Widliams, 65IlZ66-6b59}
MOTION: Commissinner Morton moved the Zoning Committee's recammendatinn for deniat
of the appiication to establtsh a legal nonconfornring use.
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10-04
Chair Alton annotmced thaY, given the staff recommendation of approvalfor the legal
nanconfonuing nse and the Zoning Co�itiee's pmposed:esolution for demal of ihe legal
nonconformiag use, pmsuant to Mmnesota Statnte Section 15.99, a mll caIl vote will be taken.
Comnussionexs voting m fiavor o£ the resolution should state for tfie recotd tfie reason(sj for i6eiz
vote.
ROI.L CALL YOTE: The motion m approve the reso7ution carried on a roll cuTl vofe of 1�2
(Alton, Schertler) with I abstention (Spaulding).
'VL Comprehensive Planning Committee
Centcal Corridor – Draft Downtown Starion Area Plan –Recommendation to xeIease draft pIan
for public zeviec�i an@ schednle apubfic hea�g. (Lucy Thompson, 65Il266-6578 and Jessica .
Rosertfetr� 651l266-6560)
Lticy Thompson, PED staf� briefed the ['ommi��ion on the drah Dvwnrawn Sration Area Plmt.
The City Council has alzeady adopted the Central Corridor Development Strategy and seven
station uea plaas for Umversiry Avenue as pazt of the Cbmgrehens'ive Plan; the Downtown
Station Area Plcm will ]ikewise be adopted as a part of the Comp Plan. The Plan coveis two oF
the duee downrown LRT stations: Centcal Starion xt 4�/Cedaz and U�on Depot Stacion azea
planning around the 1Q'�/Cedar sfation will be bandled throngh an update of the Fitzgerakl Park
Precznct Plan. -
The Doxmtmvn Siarion tlrea Plart addresses iha same fo�s themes as the othex station area plans:
mobility, land ase, biult foffi and public ieatm. It atso explores specifrc xedevetopment
opporivaities along the downtown alignment, with several computer images of what development
sifes and the steeetscape might look I�e with the addition'of LRT. The Plan and pIamm�g process
groved to be usefitl tools to resolve many issnes xaised by the Mefropolitan Coimcil regazding the
design and locarion oF the LRT ]me itself – e.g. the siting and design of ffie Opesations ancl
Mainienance Facility in 7 owertown. Ms. Thompson called f'.ommissionexs' attention to the
recommendation for a newLowertown Master Plav, wikh a preliminary ]ist of issnes that mmght be
addressed in such a pIan. This zecommendation is very important to I.owertown residents and
businesses to address some outst�ding issaes in more deta�.
Commissioner Spautd'mg asked wbeihes the street connection to the proposed Tiont Brook
Boulevard is feastble given the ch�ge in grade. Ms. Thompson explaiued thai, while no detailed
engineering I�as been done yet, tfiere bas been no indication finm Public Works staff that an
iaterchange or cloverleaf co�mection wilt be necessary.
MOTION: On behalf of the Compreherzstve Planning Commiftee's recommendation,
Commissioner TYard moved to release the draftforpublicreview and seta pub&c herrring on
December Z8, 2009. Commissioner Lu seconded the motion. The mo&nn cmried unanimously
oa a voice roote.
VIL Neighborfiood Planning Committee
.
District 4PIan S�marv–Adoptresolufionrecommending appmval to the City Counc7. � ■
(Penelope Simison, 65I/L66-65S4j
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•
PRESENT:.
EXCUSED:
RBSENT:
STAFF:
M{NUT£S OF THE ZONING EOMMITTEE
Thursday; Movember 5, 2009 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hall and CourE House
45 Wesf Kellogg Baulevard
A(ton, Donnelly-Cohen, Faricy, Johnson, 4Cramer, and Morton
Gordon
Ma�gulies
Josh Will'rdms, Samantha Langer, Allan Torstenson, and Peter.Warner
The meeting was chaired'by Commissioner A+iorton.
Seinple Enterprises - 09-293-898 - Establish 1ega1 nonconforming use statns for concrete and asphatt processing
operation, 91. Ridder Circle ' .
Josh Wifliams presented a revised staff repod with a recommendation of approval wifh condifions for the Legal
Nonconforming Use Permit Josh Williams also.stafed Districf 3 made no reoommendation, and there were 5{e8ers in
support,'and 3 fetfers in oppasi�on. •
Josh W'tlliams also explained that Pat Lindgren of Councifinember pave Thune's offtce sfafed that fhe applicant had
previousfy ciiscussed closing their Inver Grove Heighfs concrete and asphaif orushing operation and relocating to Saint Paul
with Counciimember Dave Thune,
on inquiry from the Comm(ssioners, Mr. Wiltiams stated that the Metropolitan Airports Commission (MAC) conseat of the
nconforming use permit is based on Ehe condition fhat fihe crushing operation is sDiety located wifhin the State Safefy Zone
B, which is shown o[t a map submitfed. Mr. Torstenson staEed that the lega( n4nconfnrming use pertains fo the crushing and
processing of asphalt and concrete not the storage buiidings. ,
Upon quesfions from the Commissioners, Mr. Wiliiams stated that wifh dust confroi and due to the size of fhe equipment the
cnishing operation could potentialiy 6e done in a semi enclosed facility. He sfated he was not awar� of any other permits
being needed other than the industriat Stormwater Permit from the Minnesota Potlution Controi Agency, due to the smaVi .
amount of patticulafe matter being refeased. �
Patrick Kelly,_representafive of the applicant; c(arified that Semple Enferprises has never had at� inver Grove Heights IocaGon
for recycfing. Mr. Keily_ stated that the applicant agrees wfth fhe stafF findings and recommendations. He afso shafed that '
fhey have worked extensively wifh MAC fo address their issues. He also stafed that the operation only occurs four fimes a
'year and invoives pubiic agencies thaf require ciassifications on the materiais being recycted. Mr. Keliy e7cpfained thaf there
had been a noise study done during the application and there was no noise'impact in the area. He fitrfher�exptained
that the crusher is a modem, technically qufet machine. He afso stafed that he doesn't beiieve the operation could be in an
enclosed area. Mr: Kelly stated #hat the app(icants have a long history in Saint Paul and are commit#ecf to the City, He a[so
confirmed that Sempie Enterprises has besn operaiing as a nonconforming use since 2D00, when fheir rezoning applicafion
was denied. '
Upon inquiry frwn the Commissioners.perkaining to fhe equipment size, James Sempie, the applicant, explained thak fhe
height ofi the machine is 12 feet with a 13 ioot co�veyor. The stacldng conveyor is. around 2& feet which is as high as they
can be due to the airport resErictions. -.
Dettise Semple, the appticant, stafed fhat in 5999, the City.Council participated in a noise study, where half of fhe menibers
were at ihe Semple facility and half were on the b1ufF. )t was conflrmed that the Council located at the bluf{s did not hear the
machines operating: ' .
� g Smifh, of Brown and Sigelow,'345 Piato Boulevard E, spoke in opposifion for reasons stateci in a fetter he submitted
.attachment). • .
�ob Pefschke, Vice Presideitt of Manufacfuring at Brown and Bigelow, spoke itt opposifion: Mr. Petschke stated his main
oncem is Yne dnst that is created 6y the asphalt and concrefe crushing operation which is located about 250 yards from their
ici[ify. He explained that the equipment used by Brown and Bigelow is very expensive and sensiflve to any kind of dusf and
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Novem6er 5, 2009
Zorfrttq flie #08 293-898
Page 2 of 2 . �
particulafes. Ne also stated thaE allowing Sempie to process fhe material woutd viotafe ihe ag�eement they had .with the Saint
Paul Port Authorify and the Ciiy of Saird Paul w�h respe�f to zoning. � �
At the quesiions of the Cotnmissioners, Mr. Petschke stated that they have 163 em{iloyees lacated at Brown and Bigelow
- and 350 sales people. Ne also stated he 6afieves f6e crushing operation is jeopard'¢ing the viabili#y oftFietr business. He
expiained that in fhe past year they ha�te had to increase fheir filtra6on changes and he affibutes sbme ot the increase to
Sempte Enferprises crushing operafion. � . • � -
� Gerty Berquisf, 46 Prospecf Bivd, spoke in oppasifion. Mr. eerquisf sfafed firat he had concems regarding Semp(e's locafion
so clase fo fhe river, po@ution arad the noise generatec! by the crttshing facility. He also referred to the decision of the C�y '
Councii in 2000 denying the rezoning appfication of Semple Enferprises and-ffie Deparfrnent of Safety and Inspec4ons
correspondence stating that Semple cease asphalt and concrete avshing acHvi6es. Ne also. requested thatwTitten
comments from District 3 Council and himseff be pertni#ted fo be added in tfie fi(e fhe next week.
Cados Garcia Velasco, Executive Director of Districf,Council3 e�cplained that their 9�'gan¢ation has not taken a forma[
," position 6ecause due to a mix up with the Eady Notifrcation System the appropriate staff was r3ot notifieed in fime for Distrid 3
to review the appiication. Mr. Velasco stated ffiat as a resident he is concemed that the nonconforrqing use jusfifying tfie
appiication. He stated he is atso cancemed with the dust and particulates in the air �' . �
Mr. Kelly, representative, stated the operatiort has been happenirlg for eleven yeats and fhere are no studies showing what'
dust is attributed to the opera6on. He exptalned fhis is the first time they have heard of ffie dust concems by Brovin and
Bigelow. He stated #iat a provisian can be 2dded inr dust cdnhnl to the staff recommendations. He stated there is no
misrepresenhation and Semple was operating under the nonconforming use. •
The public hearing was closed.
Commissioner Carole Faricy moved denial Eo esfabiish Legal Noncorifom3ing Use.' She sfated she_belieues the use wouk! be
defrimeniaf fo tiie existing charader of development in ihe iminediafe neighborhood or endangerthe public heaNh safety or
general welfare. Commissioner George Johnson seconded the motron. ' � ,
Commissioner Kathi Qonnelty-Coheh stated fhat due to �e portable equipmenY used by Sempfe; she doesn't believe fihaf
hardship would resuft if fhe use were discontinued. Commissioner Rich Kratner sfated that fhe condi4on on staff's report
perbining to fhe avshing operation continuing as mariy consecuSve days as needed is too vague and cloesn't appiy to fhe
nonconforming usepermif. Commissioner QeorgeJohnson sfated fhat he doesn't befieve fhe use is consisfentwifh the
comp2hettsive plan.
After further discussion pertaining to the Fact thaf Dis}rict Courtcil 3 has not lieen sble to add there comments'the motion to
deny Was adopEed by a Vote of 5-1-0, with Commissioner APfon'vo6ng against the mo6on, sfa6ng fhat fie dcesn'f beiieve,
there is evidence that staff 5ndings mentioned above have not been met
The motion passed [iy a vate of 5-1-0.
�..� -.
Draftec! by:
Samantha Langer.
Recording Secretary -
is 5 . Nays - 9 (Altari) �
S mitted by.. '
/
s Wilfiams
Z g�Section
P,bsfained - 0 '
Approved by�
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CITY.dF SAINT PAUI,
Christophez"B. Coleman, Mayor
'Ci
T.,�
SAI\T
r,�r:.
�
ARAA
December 8, 200.9
DEPHRTMENT OE PIrANNSNG &�
ECONOFIIC DEVELOPMENT '
CeciS Bedor, Director �
25 Aest Ponrth Stzeet TeSephane: 651-266-6?00
Saiot'PauZ, MN 55102 � Facsimile; 651-228-3220
Semple Enterprises _
91 Ridder Circle
St Paul MN 55 1 07-1 29 7
RE: Appeal of Zoning File # 09-293-898, Sempie Enterprises
Zoning File # 09-327-588, Appeai Semple Eriterprises
Dear Semple Enterprises:
Minnesafa Statutes 15:99 requires that aA city action on zoning appiications be
compfeted within 60 days af fhe date fhe app{icafion is made, but aliows the City to
• . extend this period for an additiona160 deys (totaf of 120 days). In order to ailow time for
a City Counc+i publ+c hearing on your appeat while meeting deadlines established by
. state law, the City of Saint Paul is hereby extending the deadiine for action from
December 14, 2009 to February 12, 2010. - '
Appeai case file is #09-327-588 on property lor,ated af 91 ftidder Circle. The �ainY Paul
City CouncO witi conduct a pub{ic hearing on the appeal on December 16, 2009
No building permi#s may be issued, and any perinits that may have been issued prior to.
fhe appeal be[ng filed are suspended, and ahy construcfion musf cease untii the City
Councif has made a final determination on the appeal. �
Pfease contacf ine at 651-266-6659 or tiy e-mail atjosh.williams@ci.stpaul.mn.us if you
hay� quest+ans,
i Wiiliams
Planner
'
File #: 03-293-898
Zoning Administrafor
Kelly and Lemmons, P.A.
Bistrict 3
AN AFFIRMA'fIVE ACTION EQUAL OPPORTCTNII'Y EMPLOYER
2(
10-04
Bf`OWtt & BIge11�N,
Phone 661-294-1550
FA$' G2i -293-7025 - .
emai7: DotiP@bmwnsndbiBeiawx�n
Me�� ,
To: SkPaulPlanningCommission.
ZoningL'ommittee '
F'rom: RobertPetschkeExecutive"VPIYIF �,,OR
cc: y4D Snxith, G�'aig Srr�ith ���
D¢te: 2�uestlaY, Octaber 27, 20Q9
Subjed: tyon Conforming use slatus Cona'ete
¢nd asphadtprocess8ngoperation
Browa and Bigelow is a ciose neighbor residing dfrectly West of the Semper
Enterprise pror�ssing pIant off Ridder (�rcle and Fillmore avenna Brown and Bzgeiow
is a long standing St Paul Prinimg Gompanq thatutilizes the la.test technology digixal
printing eqnipmenG This eqnipment is very sensitive to any l�nd of 8ust or anq other
particniate in the We also use prmting flm, o�set piates as welt as nylo printing
plates that wonid be negafiveIy impacfed bq contatt+imanis of any I�nd We do not
support authori�;n Semper to nm an asphalt and concrete csushing operation in such
close proximitp to Brown andBigelow.
Brown and Bigelow also fee�s #hat aIlowingSemper to grocess waste conc�rete
and asphait in the immediate area would violate the originaL agreement that Brown and
Bi,gelow hadwiththa St. Paul Port Authority andthe City ofSt Panl with respect to
zoriuig. G4e cannot agree Yo changing the origueal zoning as we cannot move o� facility
and Semper can move thefr portable crushing mxchine to anotherlocationmore
suitable for that endeavor.
r
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Page 1 of 1
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i
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Josh WiIliams - Esfablislxmenf uf non�conforming nse for Semple Indnstries
FYom•
To:
Date:
8nbject:
CC: � �
11l5/20a9 2:03 P1VI
Estabfishment of nonconfoiming use for Sempie Industries
>>
Dear Chair Morton and Committee Members;
We understand that the Zoning Committee is considering an application to establish legal non-conforming use
sfatus for concrefe and rock crushing operafions by Semple Enterprises at 91 Ridder Circle. Thls property is
located entirefy within the Mississippi National River and Recreation Area (MNRftA), a unit of the national park
sysfem. It is also the understanding of the National Park Service (NPS) tha# the City has previously denied
attempts to rezone the propetty or otherwise approve the establishment ot concrete and aggregate processing
opera6ons by Semple industries at this site.
The MNRRA Comprehensive Management Plan (CMP) recommends that the riverfront area (300 feet back Nom
the river or the river floodplain, whichever is greater) be preserved for uses that have a specific need for a river
location. The proposed rock and asphait processing operations do not appear to meet this criferion. Further, ft is a
genera! policy o6the MNRRA CMP that new uses that are inconsistent with MNRRA CMP, riverfront location goals
be encouraged to locate elsewhere. In our review of the staff report for ihis application, we find no compelling
reason why the riverFront area is uniquely suifed or required for the establishment of this processing facifity.
ThereFore, we recommend that this appf+cation for permanenf lega! non-conforming use 6e deaied. Please feel
free to contact me at 651-290-3030, ex#. 235 if you have questions ahout these commenfs.
Sincerely,
Jim Von Haden
NaHonal Park Service
Mississippi Nafionai River and Recreation Area
191 E Kelloyg Bivd, Suite 1a5.
StPaul,Minnesbta 551D1
651-290-3030 exY. 235
www.nps.gov/miss '
file:ItC:lDocuments and Settings\willjlLocal SettingslTemp�XPgrpwise14AF2DB2Amaildp... 11/5l2009 1'3
10-!?4 _
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-- 3SQ Nort�h Robert • Suite 4£M + Sair�f Paut, MN 55itt� • 653t ZZZ-2133 •. yavyy,fr�v',org
�--- .
��y� - Wrirking� to{sratect the A�ississippi River anrJ its watPrshed i�r the Ttrin Citiss
- '
November'92, 2009 � � � .
Chair 6rian Alfon _ � - .
St Paul Planning Commission
25 W 4fh St, Suite 1300� �
St Paul, MN 55102 . - ' . '.
ChairAltan and Planning Commissioners, _.
Friends of fhe 141ississippi River (FMit) is a local non-profit organiza6on that wotks to protecf and
enhance fhe nafurat and culiurai assefs of the Mississippi River and its watershed in fhe Twin
• Cfies. We have 1,400 active members and 3,200 volunteers who care deepiy about the tiVer's .
uniqiae resourt�s. We wrtte foday fo ask you fo deny the application for establishment af a non-
conforminy use permif for Sempfe Enterprises.
We concur with the frnd+ngs of the Zoning Comrnitfee: Ehe proposed rock crushing operation is
incortsistent with the City's long-term interesfs artd Comprehensive Plan. SpecificaAy, page 52 of
the ivtississippi River Corridor Plan specifica!!y recammends criteria for new uses in the flaodplain
or w3tfiin 300 feet of the ordinary hfgh water mark: ,
hating arr ecor�omic or operationai need for a dver location;,suppor6�g the atfractiveness of
surrounding neighboifioods; sustaiping the sconomic vitality o,f riverfrorit improvemenis;
- offering" public access to and along fhe rn+er, mainfaining views of the river, deanin� up
poliufed areas on.ffie site; and mee6ng or exceeding naturai resource poGcies in this Pian.
(7"hese criteria do not atf have fo be mef f6r a tand use fo be considered to have a r�eed_for
a river locafion, a relationship to the river, and/or to enhance the river environment.
Howeuer, new development shoald meet as many of these criteria as possibte.)
Under a generous reading, Sempfe's zoning application would meet only two of these seven
criteria. As s,uch, we believe approval would set a very dangerous precedeM. .
Far us, fhe most ceritral argument is that Semple has no need for a riverfront location to crush
• gravel. Given the risks of rroise, dust, and potsrttially other pollution posed bygravel crushing, ,
and given their proximity to the public riveiirorrt esplanade, as weli as the Bruce Vento Nature
Sanctuary, we urge the Commission fo folbw the Zoning Commiifee's Iead and deny the request
�
You may call kene Jones at 651, 222-2183 writh further questions. ._�
Best regards, � . - -
� �� . ' ` .
Whitne . Ciar(c � ' - �
Execcitive Director - . , �
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10-04
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Madame Chair,l4lembers of the Commiitee
Page 1 of 3
Sonja BntIer - Semple(Il.doc
Fram: �
To:
Date:
�ubject:.
CC:
"Gjerry Berquist"
11/12/20fl9 20:27 AM
Semple0l.doc ..
"`Gjerry Berquist"'
'Tf�anks Sonja..., file ttumber 09-293-898 5empfe Enterprises Hearing Date )05 Nov 2009
Madame Cha+r, Members �f.the Commitfiee.
We have all been here.before concerning #he Semples and their desire to crush
rocks and other it'ems on the West Side next to the Mississippi River: . Back in 2000,
the District Three Planning Caancil (WSCO) opposed the changing of the zoning to I3 '
which would permit rock crushing as well ns'other activaties at this property owned by the
Semples. I hape that Josh bl/illiams of PED wiif have included a copy of reso(ution 00=4b
dated 23 Juhe 2000 that denied Semple's application to rezone. ,
She summar^y of t{ie 12 July 2000 city Council provides a glimpse into the
conversations concerning their deeision to suppart Planning Comttiission decision fio deny
Semples rezoning request. It was then, counciltnember Chris Coleman at sa+d, "The city
hns worked hnrd to recfaim fihe Riverfront fio insu�e thafi the industrinl uses along the.
riverfront have n specific relationship fio the river. Also the city is trying to lessen the
infiensity, of uses as they relate fio the river."
� As you know, ttie two Coleman adriministrations_have made n serious effort
what we do with our Riverfront and who gets to use it. Recently the Planning Commission
approved fihe move of the harbor operator (barge cleaning, repair) fror'r� under the
Lafayetts Bridge to Barge Channei, three mifes down 42iver. This wns. done ta rid fihe .
West Bank of the River.of what was cafted."the inappropriate use of land ncross from.
downtown."• The land vacated because.of. th+s mave supposedly will6e given by the Porfi
fluthori.ty to Parks and Recreation to create ariother Park and River access; The Planning
Comm+ssian also helped create aaother Park space and River uccess a't the old fioat plane
hr�rbor at the Holman.fieid after the Metropolitan Airports Commission was permi#
construct over a mile of 1�'h+gh stee( floodwnll righfi afi the River's'edge, Why does fihis
' tnafiter? I be(ieve it shows fhe intent of the city to continue to make the River indeed a
, gem for the nation, our state and our cifiy by ereat'ing public River accesses and Parks, not
inapproprinte industriul uses. on our River.
� Mr. Semples rock �rushing activity is not River related. I-{e can erush pctvement
�i...//f�.\7 Q<.+ti..RCtI-m41�mlTnr�l CRtiinnc\TP+nn�X'Prtrnzxricr�,dAFRA�11mai� � l I/17.I�J.INI9
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10-04
Madame Chair, Members of �e Committee
Page 2 of 3
and rock virtually arrywhere, qs he does noiar with his portable equipment. I bel ieve to _ �
permit this activity at the River's adge wouid be i»appropriate consid�r.ing our renewed
interest in our Ri"ver as a Park nnd a resource for afl to use nnd enjoy. Further, Z:�
undersfand there wi(( be a multi jarisdictional planning process concarning the River
corridor in the near futur.e. To permit such a rndieai.chunge to ihe iand ase permitted � .
�uou(d be premature and could have some�fnr reaching consequences to future uses in . :
ttii� area and as we have hectrd from the Brown arid Bigetow people, to some of the high .
techno{ogy uses ut fihis time, iliso, T might crdd, there is the question as to whether #his
zonirig�change is indeed consistent wiih our existing comprehensive �ptan, especially wifih .� ,:
regard to the point rtbout "adverse intpac# ori water qyality or air quaCity for.the river
corridor nnd ad jucent ' . _ . . � .
Neighborhoods." . � . ,
.. And now sotne details. On 03�June 2009 n statf persan with D5I spoke with �
Denise or Julie 5eti�ple concer.ning a complc►int that was received concerning crUShing at ��
their lacation, llte �'taff person was told that °they are nat crushing/ppocessirtg �� .
concrete on site. They nre only gathering the material for proce5sing ai' a differenf-site"
The affidav'rts from fhe Semples indicnte that they have been processi�g on their site�
for ten yenrs, I am. rather puzzled how the applicant cnn say, yes, they have been '
crushing on site tor ten years in order to convince the Planning Cotnmission they shottld be
giv,en the oppori'unity to make fhat acti�ity "legat"; and then when when asked by a
representative of DST if they are crushir�g on the site, they scty no. T_da not believe that �
we can accept a system thafi permits two ver.sioris of nd or yes depend4nf vn wHo asks tiie ,
question. . � - '
� On 1 Tuly 2009, Semple Enterprises was given a cease ctnd desist order fram DSI:
There ure other indications fhat Semple wns given notice from.DSI that crushing was not
permitted on there prbperty at 91 Ridder Circle. _ The rest of tha record spenks for
ifiseifi. . � � � .
. Although T a member of the Board of Directors of 'the District Three Plnnning
Council or �tVSC�, I urri presenfily.speak+'iig on ttiy own behnlf as a residenfi of the_West.
Side ar�d a breathable air advocate, I woutd bppreciate, Madai�ne chair if the f�le'cold 6e
kept open to permit uvritten �comrttent from myself and the District Three Planning .- �
�Council. - .
And finally, I would.like i'o comment on item 6 thcrt Mr. Wilfidms"did r►of inention in'
his oral summary of the sfiaff report to you. Concerning "fugitive dust and storm wafier �'...-
enrrying po!liafiants picked up from unprocessed or crushed concrei'e presenf a pote,ntial
threafi the public health, safety, and general welfare. °, I wonder who is going to monitvr �.
�•Ti
filr.•/I('.•1T)nr»mrntc anri RPtt-inoe\hnflPrlTnral Cr.ttinoclTPm�n\XPamwicF\4AFRF311 mail . 7 7/17/�nn9
1Q-Q4
Madame Cl�air, Members of the Committee Page 3 of 3 '
� the "sufficient conditions attached to "ame{iorate both #he potenti4l detrimental
impacts nnd fihreats to the public safeiy and general welfnre.", and what �ecourse
tlie neighborhood would have if fihe "sufficient�conditioris attached" where not adequate
or were not followed,. Yes, most of the immediafie neighbors are indusfiria!_ in character, '
but other fihan fihe Nolman Field, most liave a low impacfi on the River Corridor., But as we
ali know, particuiates have a habit of traveiling tar away from fhe original source and
thousands of our neighbors ctre breathing the air from the River Corridor.
Thanks for your� attention.
Gjerry Berquist
BreQfihnble Air Advoca#e ,
4b Prospect 8aulevard �
Saint Pauf 551Q7 651-224-6426
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file:l/C:IDocuments and Settings\butlerlLocal Settixt�slTemplX�'gnpwise\4AFBE311mai1..: 11112I2009
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wants to r�en the risk of dust crontaminating their manufacturing pracess or listen 4o employee •
complaints about concrete dust on their cars,
Additionatiy, dust creates proWems for the HVAC sy�tem in our facility as the dust infiltraCes our moling
tower Iocated on our toof and settles as sludge in the parrs, potentially plugging our equipment. We also
be(ieve that the dusf wou(d also require additioi�al filtraYfon costs for our air harrdlers.
t;: my conversatior, :yith you, you mention2d criteria that thc Flz:cnin� CommFs>ton is•au;�? Ic��: �t :-`.:e::
considering the permit. Piease consider the following:
2) The crushing operation that Semple Enterprises wantto run In ou� backyard is aot
rnnslstent with the choYncter of the other development Pn the immedTitte area whi�h is
predominantly light industrial.and office/warehouse buildings.
2) I also don't 6elieve that tke wmprehenstve plaa for thls arra envlsloned a heavy Industriat
crushing operation for thls area oiherwise lt the atigfnol zoning would have been ! 3
ratber than tfle currentl-2.
Lastiy; i•would like to point out that Semple Enterprises crushing oper`ation is portable. .7he equlpment
is regularly moved to various job sites as needed. There (s no requfretrrent that their operations be
performed at the proposed site.
We cannot move our operation without an extensive investment and nelth�r can we risk having
potentiai cor�,taminants compifcate our ptinfing process or stand to lose tenanis who perceive the same
risks. � . � .
My family has worked hard to build this bu'siness 3nd we stand to pntentfally (ose a great deal if tfie
Ptanning Commission gtants this permit i urge you to recorrimend that the_permit be denied.
Thanlc you for your consideration of our concerns.
Resp , �
Crat mith
AropeKy Manager
CMS%tom
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Page 1 of 1
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Jo sh Willianis - 91 Ridd Gi rcle �
From: "Patterson, John"
To: �
Date: 10/14{'2009 9:20 AM.
�tbject: S1 Ridder Circle
CC: _ "Kelly Riggins"
Aftacliments: '�Kelly Riggins"
Semple is c�usEiing at its Rid@er Circle location without a conditional use permit. Sempte has
been wamed marty times about this, and each time has denied crushirig activiiy, .Attached are
photos showing the ii(egal crushing on the weekend of October 3rd and 4th. Sempie crushes
on tt�e weekends and moves ifs equipment ofFthe site during the week so as fo avoid
detecfion. 7he concrete being crushed. is confaminated wifh petroleum producfs which can
pof{ute fhe ground and fhe river. Please require Semple fo stop fhis i(legal crushing activify.
Let me know if you have any quesfions. John . -
John G. Patterson
Frednkson & 6yron, P.A
20Q S. SiXth Sfreet, Suite 400p
MinneapoJis, MN 55402
692.492.7379 direct .
872.4927077 FAX
.
**This Is a fransmission from the law firm of Fredrikson & Byron, P.A,.and may contain information
which is privi)eged, confideatial, and protected 6y the attorney-client or attorney work product
privileges. If yoa are aot the add"ressee, note thaCanydusclosure, copying, distributioe, or use of
the conL•ents of th3s'message is prohibited, Sf you have received this (ransmission in error, please
destroy it and notify us immediate/y af our tefephone number (612) 482-7000,**
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10-04
1�/15/2009 R`HII 13:OA BA.$
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�terzzationat ITnion of Op�rai�ng Engineers
T,OCAL NO. 49, 49A, �9B, 49C, �.9D, ANI? 48E
Ivi[iVNESOTA • NO2tCTi DAKOTA � SOT.7TH AAKO'CEi
THO�ie1S H. PARISk;rS.iJ, Praidei�t
.705EPIi 14 RXAlV, Y''xe President
KYLE D.JO3vES,
RccoirlingCorre.sponcling Sccretatq
JAh1RSy Hd�'SEN,11'easurer
GLT1�t I1. JOHNSON
Business Mamager�nanciai Secrefaig
r�(fiiiated with tha ri.RL. - GI,O.
2829 AnflZOlty i..�tne South, T�un�poGs, 1•I1V 5541&3285
Pkone (C>1S7 788,91�4I • Toll I'ree (866) 78$-9�+i1 • I'�ax (6I2) 73&I936
t7ctober 15, 2009
To Wham It May Concezxi: ..
Semple Recyclitig is a,company that laas a smaJl exushing operation which has been
: on-going £or the Iast 11 yeass and which we, as operatitig eno have been
ek�nployed at thxoughout tkiose 11 pears. Semple Recycliiag n�ostSp services local
contxa.cts with sidewalk;.cusb and intercit� street SC2�]oVaI. IY aLSO �otz Tesld�zlfs t0
dvsnp cleau concsete product at ttzeis facility wifh ao cast to filxe Yeszdent With
Semple Recycling being in a Iocat3on saves fuel and mzcl�g costs, it is a real.asset
to city contractors and city contxacts. .
" cexely, ,
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�"'xmes �P. Lenart` .
tlrea $usiness Repxesentative
,Jl'L" �jrn1
Opeiu #12 '
Boz 279
ley, hf\ 56821
' (218) 6�4-6206
EOQ2 T,oadon Road
Duhith, bN 558I2
f218) 921-3340
•ai+nivcx oz�c�
8Q& I.imdin Bkd.
Manhato, hiV 56001
. (309} b23;��0
�lao2/ao2
l�ss county Road is sFV Sasl No,•,h T'.t,terii,ise Dritz .
Rochester, H�i * 55�42 � Yvgi�ria, A�TN 55782
(309) 588•58G9. (2I3) 741-81�J0
103 Snuth Fairfa� AFem�c ' 308JuYins Sffeet
Sirn�. I'alls, SD .�10.9 I.c:xl Sll 3773&
t%� aas-tas2 . t�o;� �i�-aaas �.
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2109 '1,52st Street ' 2901 �iviu Ciry Dx . 650 2nd �.ve �+��'
Se. C)ovd, �iN 36307 vtancLvi, \D 3833=b -'4r'est Pa�go, ND 38073
(320) 2522162 , (l0I) C>G3-0-t(Y/ � (701) 297 46G8
OCT 12,2009 11:39A SI—ZACR CQNCRETE, INC 507-35?-5�96
Aate: Cklaber12,2009 ' . • -
. RE: 3empl� Reeycling and Crushing '
' St Pauf, MN . .
. To Wham ft May Conc;arn: •- . .
Our companp has used the Sempie Aecycling and Crushiti� Plant for appmximately the last teu
,� years. It has been a great asset to us fnr dumping conerete aru! gurehasircg CiBys S Aggmgalo
, Base Mnterial for use on eIty sidewalk projecEs- . '.
• S3ncexety, �
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. Ja98n �ager . .
Vice-Prrsldent . � �
Ti-Zack Concr6te, Tnc. - . ,
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10-04
Page Z
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Ofice 5o73sH5453
. . , � Fmt5Q7-351�6096
, . . . ' Mob�1e612•328�0005
' . . � . EmaAil�cic�limrdiemetnet
' 1VtCtnO
10-04
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PHONE
{65i) 227-1549
318 W. WATER ST.
ST. PAUL, M(NNES�TA55107
Twin City
REfUSE & REGYCLING
7RANSFEft STATfON
SINCEi973 '
1 011 2/2 0 0 9
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To whom it may concem:
We have done business with Semple Recycling & Cntshing foz the last ten yeats
or so. They aze very fair and honest with o�s company..They keep there yazd neat.and
clean at a11 times and it is a pleasure to us a facility like that. Tfiey are a fanuly owned
business like our company, which is important for the city of St. Paul,and the whole '
community. We consider them not. only as a business we deal with but also our friends.
We need to have their facility to continue numing to keep prices down for all who
contracf and work in fhe city limits.
S' lY, �
Gr"��ubas�
Manager
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An environmentailv concemed company
10-04
c. H: Parda
tea+[apa
a�N�� ma�eeeu�r
Jay C, Pa1da _
�a ��.r.�"v
'10-35-49
�alda & Sons Inc
GENERAL CONTRACTOR
Sempie Recyding & Crushing LlC
91 Ridder Ctrcie . •
St. Paul, M[� 55107 •
7o Whom It Nlay-Cottcem:
1482 Dayton Ave.
St Psm, �7N �54oa-63os
{857) 694-1604
Fax (8S7) 644N599
Palda and Son's, lnc.� has 6een doing business with Semple Recycling and Crushit�g for a
number of years including numerous 4ransactioos in 20U9, ' .
�. Palda and Sons, lnc. ut�'lizes Semple's d�ping faci(ify as weli as purchases recyctad C15
mafePia,Is from fhis faciPdjr far a varlety aF proJects inctudittg alt St Paui proJecfs. O�uY eonfracts .
with th� City df St, Paul require materials and dumping facilities that Sempla can provide.
Not onlyls fh[s an assef to Palda and Son,. lnc. due to ifs convettlenflocation and pracfic�f
' pdcing it is also a fi�ancial assef fo the City of St. _Pau( as they wif f reeeiv� better.pricirtq ftsr fhe
product provfided and fhe ctose fiaal far dumping. • �
In addition, a!I maferials can be soaled at.the Semple s�te gtving ihe City of SL Paul and others
an accurata and deiailed register of the project thaE iE is being purehased. .
Furthermore, the owners and employees a� Sempfe Recyciirtg and Cnashing ar� very
profess+ona! and competertt in aA iacets of the baslness. They are wluing fo ass�st Pa(da and
Sotts, lnc in any way needed to work together to achieve a gaal. . ,
In shat� Paida and Sons, tnc. feels that Sempte Recycling and Crushing, �LS �s no# onty
canvenient to al! pa�ies thaf ufillze this faeilify but also is a successfu! business assef w�hin fhe
Ciiy of St Pau! whoin directly gains from iYs knowledge in fhe (ndustry, i�s abikty fo pr.ovide
competifive pdaing and the eonvenienca of #heir iocatFon. '� ,
. �
1f there are any questiotis with respect fo this matter, fiee!-fi�e to corttact me, _
Thank you.
. Respedfully Stt��mitEed, • '
and So ,1 . �
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An ony c�sctt
General Superirttendent '
TIDS COMPANY T5 ANEQUAL OPPOHTUHI't°Y �MI'LOY�R M/F
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10-04
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ZONING COMMtTfEE STAFF' REPOR7
9. FILE NAME: Semple Er�terprises
FILE # 49-293.-898
2. APPLICANT: Semple Enierprises HEARING DATE: November 5 2009
3. TYPE OF APPI.ICATION: NUP - Establishment
4. LOCAi'ION. 91 Ridder Circle
5. PlN & LEGAL D�SCRIPT[ON: 052822120Q14, REGtSTERED LAND SURVEY 369 LOT 1 BLK 3
RNERViEW iNDUSTRIAt PARK N0.12 AND IN SD REG LAND SURVEY 369,TRACT A
6. PlANNING DISTRICT: 3 - PRESENT ZONING f2
7. 20N1NG CODE REFERENCE: § 62.109(a) �
8. �STAFF REPORT DATE: October28, 2D09 . BY: Josh Wiiliams
9. DATE RECENED: October 95, 2009 ', 60-DAY DEADLiNE FOR ACTiON: December 14, 2009
A. PURPOSE: Establish Iegal nonconforming use status for concrete and asphalf processing operation.
B. PARCEC SI�E: 135670 sq. ft,; 212 feet along Ridder Circ{e x 385 feet east property boundary x&00
feef northllevee boundary x 68o feet wesf boundary
G. EXISTING LANR USE: 1-Recyciing Processirig-0utdoor
D. SURROUNDING LAND USE: "
IVorfh: Levee and Mississippi River (12)
Esst: Iqdustrial ({2)
South: Airport (!1}
West Mdusfrial (11)
• E. ZONING CODE CtTAT101J: §6�.109(a} lists tfie conditions under vdhich tha Planning Commission
may grant a permif to establish lega! nonconforming use status.
F. H(STORYlDISCUSStON; Site plan reviews for the�property re(ated to the demolifion and construction
of a buiiding were conducted in 2001 and 2007. In June and July of 2009, DSI staff informed Wi(lie
Serriple that crushing operafions were not allowed, at the properly location.
G. DISTRfCi' COUNCIL RECOMMENDATION: Tfie Districf 3 Councii had not provided a
recommendatian as of the writing of this sfaff report. �
H: FINDINGS;
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The property af 91 Ridder Gircte is owRed by Semple Enterprises. The property is leased fo .
Semple Crushing and Recycling; the entity which owns and operates fhe asphalt and concrete
crushing equipm�nt Severai other Sempte businesses also operafe from the propeity at 91
Ridder Circle. � •
The applica�t has stated fhat aspfiaif asphalt and concrete crushing operafions have taken place
af 99 Ridder Circie since 1999. According to sfatements provided tiy the applicarrt crushing
operations occur during standard business hours, and tha# dust contro( measures are faken
during operations. The applicant has also stated that the amount of unprocessed and crushed
concrete and asphalt presenf on tfie site typically "does not exceed� 12,000 fons. By the `
applicanYs estimate, the amount of material.currently presen8y on the site is abouf twice that _ .
ainount
The applicant has also sfated that the crushed concrete and asphalt is independenily tested to
ensure thafi it meets MnDOT specifications for recycled�aggregate. This testing does not inciude
testing for chemical makeup or the presence of contamination. :
The property is located near tiolman Field, and wholiy within the current Zone A as defined under
Minnesofa state law. Proposed airport zoning wouid redefine Zone A as having the same extent
as the current Runway Safety Zone: The resulting zoning wnuld place approximately ti3 of the
property in Zone A, with fhe westem portion, whece the applicant is proposing to re[ocate
crushing operations, falling in Zone B. The Metropolitan Airports Commission (MAC) has signed
the petit}on of adjacent property owners consenting fo ihe establishment af legal non-conforming
use.
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10-04
Zoning Fi(e #09-Z93898 , �
Page 2 � _ ' ' .
3: Secfion 62i09{a) of the zoning code provides fhaf the Pfanning Commission may granf legai
noncoqformirig use sfatiis to ase of structures if the commission makes eight findii�qs.. The �
findings and the applicant's abilitjr fo meet them are as fallows; '
(1) .The use a.jcurs enSrely wifhin arl existing strucfure. This condition is nnt applicable; the use is
an outdoor use. .
(2) The use or use of similaritrtensify pennitted in the same dause of the zoning code orin a•
more resfric6ve zoning disfrict has been exisfence corrfinuously for a period of af /easf ten �.
years prio� to the date of the application. This condition appeats to be met The applicant has
sfated thak asphalt and conorete crusliing_has been performed on the site periddically since
" Semp[e Recycling and Crush(ng was establisfied. The company was esfabfished under -_
Minnesota taw, with a registered loca6an at 91 Ridder Ctrcte, in May 1939. To support this
claim, the applicant�has provided fhree types of documentation:
� Frst, the applicant has provided Ioan documenfs, accouraf statements and other :
documerifation showing fhe purchase o€ crusF�ing"equipment no (afer fhan earty 7999. The
appiicant has also stated that additional purchases of crushirtg equipinetit have been made �
since thaf fime,.and has provided invoices, sales quotes and oiherdocumeritation of.said
. purchases. This machirtery is franspotfabte, and can be used af boffi tfie business address '
and at oifier job-siEes. , • ` - , �
`5econSi, ttre appiicartt has provided invoices and other documentatiori show+ng the purchase
of unptocessed asphalt and concrete and the sale of crushed asphak and concrete in each of
. fhe years 2003-2009. The app(icant has stafed thaf business records are kept for a ma�dmum
of l years. � , • � " • � . ' .
.. Third, the applicant has submifted swom �davits from JamBs S�mp1e, Julie Semple, Terry
� Semple, and Deriice Semple. Each �davit states fhe rnmership interest of the attestaiif in
Semp(e Enterprises, ft�aE ffie affesfanf fias worked forSemple Recyding and Crushing for 10 _
years, and that asphait and concrefe avshing o{�rations have taken place at least ft�ree
6mes yeady af 91 Ridder Cifcle for the eMirefy of fhat time of associaYion (since 1999). .
(3) ?he aff-street parldag is adequate to senre the use. This condition is met.The concrete and
.� asphaft proces'sing is accessory fo oftier uses on fhe sife, for whicfi the parking requirements, �
:are met. . • . . •
(4) Haro'ship woutd resuh if the use rYere discontinued. This condi6on is mef. The appiicanf has .
. stafed that Semple Recy�ling and Crushing does a subsfar�fial amount of its business in Sainf
Paul and the immediately surroundir�q area. If nof altowed to conduct crushing operafions at . " �
99 Ridder Circle, bbih unprocessed and avshed materials, along with crushirig equipmertt,
� would need to be hauled longer distahces: This would resulf irt increased costs, and gceater "
. wear and'tear on equipmer�f. � • � � _
(5) Rezoning the. property would resulf in "spof° zoning or a zoning tnappropriafe fo surrounding
land uses. This condition is met 7he Use in question could be established under a �
' cor�di&onal use permit if the property were rezoned to 13 Restricted lndustrial. No adjacent or
nearby parcefs are zoned 13. A number of uses only irrl3 woutd be incompatibte with
surrounding uses, inctuding infectious wraste inaneration, petroteurti and gasol'me tank faims,
� and rendering and fanning facili�es. Therefore, rezo�ing would result in both "spot" zoning •
� and a zoning inappropriate fo surrounding Iand uses: :.. .
,(6) The use wi/l not be iietnmental to the existing vharacter of developmenf in fhe imrriediate
neighborhood or endanger the pubPtc heeffli, safety, or generai weffare. Subject to additional
conditiorts, tt�is condition is met. The use in general wi!! not 6e detrimentai to the existing
character of rlevelopmei�t in fhe immediate neighborhood, which is gerierally industrial iri - . —
nafure. IVearby.properfy bwners and ot6er members ofthe pubtic have expressed a number -
af concems regarding the proposed establishment of concrete and asphaM cr�shing as a legal
non-corrFoiming use. Concems have inciuded day's and hours of operafion, dust.and noise
impacEs on nearby residen6a( areas, dust impacfs on sensifive industriai equipmerrt arid .
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10-04
. ZQning Pi(e #09-293898 � . . • .
Page 3
� buitding HVAC systems, and potentiai chemicai contamination of rec(aimed asphatt and
concrete processed at the site. • .
� ' Noise could poientially carry beyond the immediate neighborhood. Dust could poten6ally be
damaging to nearbjr industrial equipment and facilities, and could likewise carry beyond the
immediate neighborhood. Soth fugifive dusf and storm water carrying po![ufants picked up
� ftom unprocessed or crushed concrete and asphait presenf a potenfial threaf to the public
healfh, safety, and general welfare. However, sufficierit conditions attached to site design
and terms of operation can ameliorate both tEie potential detrimental impaets and threats fo
� the public healfh, safety, and generaf welfare.
(7} The ose is consistent with the comprehensive plan. Subject to additionai conditions, this
condition is mef. Policy 5.1.3 of the Mississippi River Corridor Plan states thaf #he City
supports continuation of indusfrial uses in appropriate portions of the river carridor, including
� the property at 91 Ridder Circie, The poficy afso states that mod�cations or additions to
industrial uses in the river corridar shauld ke supported only when thsy have no signifrcant '
adverse impact on wate� quality or ai�qualityfor the river corridor and adjacent
neighborhoods, and when fhey do nof subsfanfia!ly impair fhe visuaJ characfer of fhe corridor
' from adjacent tieighBo�hoods brfrom the riverifse(f. .
StratesYz of the Land llse Plan is to Provide Land for Jobs. Whi(e, policies do not specifically
address the establishment of iega) non-conforming uses on existing industriai sites, Folicies
2.21, Z.22, and 2.23 cai! for appropriate regulafion of industrial districts to protect exis#ing
employment and encourage e�cient use of indusfrial lands that is compafible with
surrounding districts. ,
The proposed non-conforming use of the praperty in qUestion allows the property to be put'to
� e�cient use in ferms of.the number of jobs supported. Denial of the petition to establish a
legai non-conforming use would reduce the capacity ofi the parcel to supporF jobs. Moreover,
due fo the focation of the parcel r�ear Holman Field, regulafory and pra�tical considerations
mean that alterriate uses of the praperty are limited and wouid be unfike(y to produce,a similar
number of jobs. Provided sufficierit ooriditions are attached to the site design and terms of
operation, the use is consistenf witfi the Comprehensive Pian. '
�(8J A nofarized petition of (v�ro-fhirds of fhe propedy,owners within one hundred_ (900) feef fhe
properfyhas,been submitted stating theirsupportforthe use: This condifion is met. The
petition was found suffioient on October 5, 2d09; eight (8) parcels eligible; six (6) parceis �
required; six (6) parcels signed. , '
!. STAFF F2ECOMMENDATION: Based on the a6ove findings, staff recommends approval of the
pe{i}ion to esiablish legai nonconfiorming use status for ihe conerete and asphali processing
operation subject to the following conditions.
.• .1} Department of Pianning and Economic Development (PED) and Qepartment of Safety and
Inspections (DSO stafF approvat of a site storm wat8� management plan. The pian shail
include, but not be limfted to, provisions for the on-site �etention, treatmerrt, and, to the extent
appropriate, inftifration of storm wafer. The plan mayincfude both spec�cations for
' infrastructure elements and operational terms. .
2) App(icafion for and �eceipt of Industrial 5tormwater Permit from the Minnesota Poliufion
Controi Agency. �
3) PED and DSl statf approvai of a plan for corifiguration of crushing operations, equipmer�t, and
rriaferials storage on the westem end of tfie sife. 7he pian shall include, but not be fimited to,
provision for struc- tural containment of bofh unprocessed and crushed materials, and
operationay terrrms, including maximuin limits on the amoutrt both ianprocessed and crushed
,_ materials that may be present o� sife. The configurafion plan shal! relate to and help to
maxirriize the effectiveness of the storm water management plan and any associated
infrastrucfure.
4) Crushing operafions shaff fake piace no more than four times per year. Crushing operations
shall kake place ftom 8 am to 5 pm, Monday fhrough Friday only. Once started, crushing
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10-04
, Zoning File #09-293898 --
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� operatiott may continue for as many consecutiye operating days as necessary to process a!i
. , asphalt and concrete present on sife. •
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10-04
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S�ONCONFORMI�lG USE PERMIT APPL[CATSON
Department of Planning and Economic.Development
Zoning Secfron
74Q0 Crry Hall.Annex
25 West Foudh Stre�t
SaintPaul, MN 55fo&1634 �
(65iJ 266-5589 ' ,
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y� �'x�xLtLOOI
Name D2Ytux S2Sm�1�
APPLfCAN7 Address �� R tG��r �trG12
b5 i a� G5t ��y-
City �' �a�l . Sf. fY�l� Zip Daytime Phone -� z
Name of Owner (if �fferent) �'t�l.e En�twa ns�J �
Cordact Person ('rf different)
PROPERTY
LOCATfON
s
Address/Location - t � R�dder. Ctrcl2".
Legal Desar(ption ��'4U"C� land svweH 3(�q �+ ► �ck —�
Qtiv.�rv�e�.,> - I - rn� - f�- CurrentZorSing �2 - f�er+e�'r�l. �u�f�s1�-
(attach additionai sheet rf necessary) _ _ _ _
TYPE OF PERMIT: Application is hereby made for a Nonconforming Use Permit under provisions of Chapier 82, ,
Seaf+on 109 of tfie Zoning Gbde: �..
The permit is for: ❑. Ghange from one nonconforming use to another (para. c)
❑ Re-establishment of a nonconforming use vacant for more than one year (para. e) ...
� Establishment ofi legal nonconforming use status foc use in exlsterice at least 10 years (para: a)
, � Ealargement of a nonconforming use (para dj . ,
SUPPORTiNG INFORMATION: Supply the information that is apprcabie.to your type of permit
PresenUPast Use €k Ct. J� A h DI �2 ��.,GI�
ProposedUse ' CpY�G1'L'fG ai'lG� �sOhal� Protess '
Attach additional sheefs if necessary
1 5�� A-NAG�IE�{
as requfr� [� Site Pian �
1ppltcani's S(gnature
iarfine/ped/tormsinonconforming use pertnii Revised i13107
[� Conseht Petition
� A�davit
�City Agent
L.�—
to' �-��. 4z
10-04
5unporliag Iaformafion for Nou-conformma IIse at 9! Ridder Circle
.
Pinsuant Yo Chap. 62 Section 109 of the Zoning eode of the City of St Paul, Applicant requests
fliat the Flanning Coinm*c�;on graut App&cant's AppHcation for Non-Confomiing TJse for the
following reasons:
a. The use occtms entirely within an er.3stiag shvetnre becanse t�e prucessor itself is a.
strnct�e under Seo. 60.220:5. A sirachue is defined as "[ajnyfhing ebnstruc�ed or
erected, the use of wfiich requires location oa flte ground or attachment to samethmg
having location on flie gound." Tfie c�oncrete and asphalt processor is eqaipment, erected
.: .- �. ,� ... .�. �.� � ,- a. .. . .�
b: �T'fie nse offhe processor is discussed in the zoning coda in the same clzuse as the .
industrial uses already in place af Applicant's site. A�pficant Iias used a wnerete and
asphaltpz'ocessor as an accessoryto its�r8cycliag business far over 10 yeats. Applicaut
. esfablished Semple RecycIing and G4ushing, LLC over 10 years ago, when fhey filed -
their Atticles of Organization with the Minnesota Secretary of State on May 24,1999. �
Applicant bas been using fhe concrete and asph�alt processor evei� since this time at their
siYe. The nse of a concreYe and asphalt processor is listed in the same clause oFthe code
as the excavatiug and recycling bvsiness, Sec. 66.521 of the City of St Paul Zoning
Code. A,dditionally, the use of the concrete and asphaitprocessor is an accessory nse to
the primaryuse of the excavating and recycling business. Processing w�2 take place only
four times a yeat iri order to support Applicant's recyelirig and e�savating business.
c. Off-street parking is adequate to serve Applicant's use of the conerete and asphalt
processor. Applicant's use of tlie concrete xnd asphat� pmcessor in no way affects off-
str8et parking at their site becavse�any additional employees required to nm the processar
: . �
4S
10-04
�
can park in the parldag lot already located at their site. Furthermore, any maferial
delivered to tfie sife does nat interfere with parking at the site.
d. If�he use were disconiinned Applicant wonld suffer hardship in a couple of different
ways. First, fihey would experience a negative economic impact beoause of the
oompetitive disadvantage moving out, of St Paul creates. Applicant is cusently able to
offer competitive pricing in excavation and sales of recycled materials because of the
short distanne they haul from their worksite to the pmcessing azea. If Applicant had to
haul materials to and from a location outsade of:St. Pau1.#hey would incur greater fuel and
labor costs wluch would have to be passed on to the customers. "Aliowing Applicant to
continue processing materials on their site in St. Paul would allow Applicant ta keep
• prices low for their customers, like the City of St. Paul Water Services. tlpplicant would
• also suffer a hardship because of the negative environmental impact the move would
cause. Allowing processing on this site is both e£ficient and e.nvironmentally friendly .
because Applicant_is only re�uired to haul a"short distance from their vrorksite to their
processing site. G4urently Applicant has aminimal carbon footprint in its work because
Applicattt drives a short distance from Yhe woiksite to the processing site. If Yhe City no
longer allowed Applicant to process on their site, Applicant would have to find a way to
haul "the materials to a new site, outsade of the City, which would mean tfiat large hauling
vehicles aze spending more time on city streets and local highways, causing more wear
and teaz, and also emitting more fiunes into the air. Utilizing conCrete and asphalt
processing is an averaI2 environmentally friendly practice, so if Applicaut had fo
discontinue the practice the City would suffer a hardslup. Concrete and asphatt .
. pmcessing is environnientally friendly for a couple reasons. First, it is part of a process
• TT
10-04
in wluch recycled materials aze used to construct roads, rathec than non-renewable
mineraLs. _ Using recycled materials in const'ruction projects is a comerstone for
environmentally sound pzactices. Second, using a concrete and asphalt procESSar keeps
the materials firom fillsngup tocallanditlls. Typically, unIess t�te materials.that are
�cavated from worksifes are sen4 through a processor and rensed in riew projecfs, #hey
aze dumped in a landfdl. Permitting Applicaut to continue �ocessing at thea site woulti
' a�low them to do their part to keep landfills free of �naterials that do nof neEd to be tfiere. .
e, Re-zoniag to an I-3 would be inappropriate for this site becaitse there are a aamber of I-3
.. . uses that are incouipatible with the azea, such as hazazdous or infectious wasfe
pmcessing, rendering planfs and.fanning, solid ataste processing facilify or a sewage
treahnent planf: Given the c16se pmxixnity of the airport, $ia Pioneer Press, and Brown &
Bigelow, these intensive industrial uses aze ina�propriate becanse of the potential haan
they could cause. 7nstead, allowiag coacrete and asphaltpmcessi�g as a non-coafozming
use at this site, wotild aitow the area to staq zoned as I 2 while petrnittiug this accessory
use fo Applicant's business, which is agpropriately placed in an I-2 zone, to coritinue.
£ This use woutd "not be detrimentat to the existing charaot�r of development in the
immediate neighborhood Tl�e surronnding neighbors already engage in indust�ial uses,
." l�ce_at the airport and at the Pioneer Press. The nse wouId not endanger Yhe pnblic health,
. safety, or general welfare. Bacause App&eant only plans to use the processor -
. , approximafely four fimes a year any detriment sufferecl by the rieighbors will ba muiiuial.
Burth�more, Applicant has mechanisms in place to control any dusE ptoduced by
processing, specifically the di�st is watered to prevent it from scattering to the neighbor's �
properry, Tke processbr has alresdy been demonstrated to not make excessive noise.
�
10-04
•
g. ApplicanYs use of the processor is wnsisfent with the bomprehensive plan because it is
an indusfrial use employed only a few times, a yeaz in an already indushially zoned azea.
The use of the processor is an accessory use to the primary business of recycling.
Recycling is allowed in an I-2 azea, so this use is consistent with ttzat business.
d
•
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10-04
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10-04
,. . .
ASSUMPTIQN AGRFEMENT . �
T'his Agreemeat is made this � day of September, 1999, by and among Sempte '
Enteiprises PartnershiP, a Mmnesota general partiiership consisting of James W. Semple and _.
Y'enance Sempte ("hereinafter refeaed to as "Transferor'�, Sempie Ttecycling & C:rushing LLC,
a Minnes�ota limited liability company (hereinaRer rafeaed fo as "Transferee"), ac�d Libezty State
gank, a Minnesota corporation (hereinaf�r refezred to as "Bank").
RECITALS: .
A. - Trans£eror has executed and delivered to Bank its Pmmissory Note (the "Note"):
1. Date: Mazch 25, 1999
2, Originat principai aznount: $359,000_00 ._
3. Interest rate: 5.25% per annum �
4, , Payable in equal monthly instatiments-of $7,325.00 commencing?,pri125,
1999, and continuiag on the same day of each month t7sereafter until
March 25, 2004, when the entae unpaid principai aud accrued and unpaid
, ' interest thereon shall become 8ue and payable iafull. �. .
5. . Presentunpaidprincipal balance: $339,302.33
6. . Intetest,paid through Juty 26, 1999.
B. The Note is secured by:
:1. . A 3ecurity Agreemeut given by, Ttansferot to Bank dated March 25, 2999, -
. the terms of which axe incotporaLed herein by refeience as though fu11y set
forth herein; . . - � '
2. A Third-Party Ptedge Agreement givea to Bank by Semple Building
Maders, Inc., a M3nnesota cozporxtion, dated 1lQazch Z5, 1999, the terms o£ .
wYrich aze flncorporafed herein bq reference as though fiilly set forth herein;
3. A Tturd-Pariy Pledge Agreement given by Sempie Excavating &
Tiueking, Inc., a Minnesota corporation, dated March 25, i999, the terms .
of wl�ich are inoorPorated hesein by reference as thongh fiilly set forth
herein; - -
a
. � ..
10-04
• -
4. The unconditional Guaranfies of payment of the Note given by Semple
Excavating & Trucldng, Inc., 5emple BuiIding Mavers, Tnc., James W,
Sempte and Terrance Semple, all dated March 25, 1999, khe tenns of
' which aze incorporated herein by reference as though fully set forth herein.
$, A UCGi Financing Statement given by the Transferor to Bank and filed
in the offtce of the Secretary of State of the State of Minnesota on Apri17;
1999, as Document No. 2120205,
(ail of the foregoing hereinafter coilectively refeTred to as the "Security Devices").
C. Transferor desires to transfer to Ttansferee certain collateral owned by Transferor
and described in the Security Devices and the Transferee desires fo asswne the bbligations of tlae
Transferor under the Note and the various Sectuity Devices, and the Bank is willutg to permit
such assumption gursuant to this Agreement.
ACCORDINGLY, in considezation of the foregoing recitals and the cnvenants and
agreements o#'the parties hereto, the receipt and sufficiency of which aze hereby acknowledged,
the parkies agree as follows: �
. � 1. Transferee hereby assumes and agrees to pay the indehtedness evidenced by the
1Vote (including any renewal, extension, modification, and substiturion thereo� in accordance
with its terms, and agrees to per£ornz or observe all of the cov�nants and agreeuseats in the
. � Security Devices. Ttansferee fiuther agrees that the lien of any Securzty Devices on all items of
coIlateral described therein shall continue to be a fust lieti upon such collateral as security for any
and all iudebtedness of Transferee to the Bank assumed herein. �
2. Transferor expressly agrees with the Bank that neither the executiou of this
Agreement nor the transfer of the �'ransfem�'s interest in any collaterat to.the TXansferee shall
discha=ge, satis£y or release the Iiability of the Transferoz to the Bank under the Nofe or any
Securiry Aevices. Txansfezoi agrees with Bank that Transferor and its partners shall;emain
pezsonally liable to the Baink for paymenf and performance of aIl obligations azising under the
Note and the Security Devices until payment of all indebtedness evidenced Uy `the Note and
secizred by tlie 5scurity Devices is paid in full.
3, Transferor hereby e�ressly waives tke benefit of any and all defcnses and �
, discharges available t� a guarantor, surety, endocser or accommodation parLy; depenclent on the
Transferor's character as such.. Without limiting the generality of the foregoing, Transferor .
hereby �waives presentment, demand for payment and notice of non payment or protest oP the
1Vote and agrees that the Transferor's liability hereunder shall not be affected or impaired in anY
way by any of the following acts and things (wbich the Bank is expressly autborized to do from .
time to time without notice 4o Transferor): {i) any sale, pledge, sunender, compromise,
�ettlement, release, xenewat, extension, indulgence, aiteration, substitudon, exchange, change in —'
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Novetnbet 4th, 2003:: ..
„Ittvoice # 9977,
Ti-Zack �
�39352 221sf Ave
Le-Center, Minnasofa � �
5E057
1D/20/03 -_ Dpmp Concrefe .� 17 lds.@$ 26.00
. . Ctass 5 � _ • ::, 20.yds @$3.50;: '
. ` _ . - r: - `` . ' :s'.' 7 %_Sa(es Tax ' . .
10121l03- .: ` . ,Dump Concrefe : � !ds @.$25.00
. . - . . . . - . " 2p'Y� G$,5:
.- • . . .. .. .
- , „ . '' 7 %a Sates "1'ax .
10i22/03.'�'°c .�"'�. ''Duinp � 12 !ds @ $ 25.D0 .
- Cla'sss8 4o yds @ $ 8.50
" ,' . " Z % Sales Tax
. . - - .=�`_"..:�.x �_: � � •.� - ,•' . .. . i=. '
. , _. _ .. . —_�.--......m�.��-.-�. .�,.Q>s--.r�.:..r--.t•<...,Fr4>-W.r--
, 10/23JQ3 Dump Concrete ' 91 Ids @$ 25.00 '
. • Cfass 5 � 2b yds,@ $ 5.50
• 7 °Ia Sales Tax �
10/24J03
1 Dl37I03
2QI28/03 �
Dump Concrete
` Dump Concrete ,
Gfass 5
Dump Concrete _
_- ::;
;:� ;:_
�> .Y� �.;:. Sempie : Recycling:&_:Crus�
�.,97.:Ricide[�Cir.cle,: :: '. � , �--
: - � ' St:'PauI,11►lirjne�ota: , �5107
� c651-772=1443� ..:� . � _ . .
7 Ids @ $25.00 "'
7 °k Sales
41ds @ $ 25.D0
9Uy8s@$5.58
7:% Sales Tax
�: 3 !ds ae $ 25.00
'Cotat Amounf Due:
Terms: Due Upon Reciept
1.5 % Finance Charge on A)I Past Due
�lease Make Check P�yable TO;
Sempie Recycling & Crushing LLC
.. I
��=<�:
;=,s:.,- ..
-�:5ti... c % .
$ :27„5,OD
. $ . 190
$ �' T.70:.
, $ "' 1Z5,00' '
$. 110;Q0"'
. � . _
$ 3UO.oU_- .
' $ 220.UQ .
$ . . ` '( � 5 _ 40 _
-- _ ----:` �a-�..^27306_". _ .
$ 137.SQ
$ 9.63
$ 975.00 �
$ . '12.25
$ 700,00 �
$ �5.00 ..
$ 3.55
$ - 75.00
$ .2,064;�3
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53
10-04
i
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DUMPTRUCK Sernple � ecYcling
� 9t Riader Cir'de :
St. Paul, MN 55207 _
659.772. � 449
—r t t 0� �
Company: � f r ��/� Date: �'�` U�
Driver:
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10-04
�ct-15^P8- i2e23pm Fra�-KE!!Y AND LE6A40NS
CITY UF aAII�iT PA[JI-
6512238d19
FylO7 R.D4/10 F-b60
Apgticatibn for Noneoxiforrnutg EJse P�zmis for 9I Riddec Cirele
STA1'� OF MINNESOTA
COUNTY oP i2AMSEY
J
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1,1auCes Sempie, bc�ng first du2y sworn, do bereby staze as foUc�ws: .
"i. I am an owunrafS�upte Eut�rprlses, locateci at.91 Ridder Cirele in Saint_Panl,
M'mn�o'ra: ` . ' .
2. I am a rhird gene3asion Ciry of Saini Paul business owner�
3, I have worked'for Sc�nple RecycIing aaad Ctwhing for 10 ye�s.
4. Scanple Ent�pris�s is a reaI �tate garpiership awned'by 7�mes Semple, 3ulie
Sanpl� Trny Semple and Denice Se9nple. Scmple �nterprises !� thefr laad � '
to Sempte Excavating & Truciciu�, Inc_, Semple �uslding Movers, Inc_ and
Seuegle RecycIiug 8a L'rusking, I.I.C, � ,.
5_ Gonc�eta and asphatt process�ng is an accessary use to. The Srmple Fxcava�iag &
- Tr4ckin�, Inc. and Se�ple BuiId'ing Movers, Inc.
6. In I y99, Sempie Eacca�tJaang & Trucldng, Jnc„ Semple Suilding Mover� Inc.
Tamc:s Scrnple aad Tcay Sempie €o�ed a l'united Iiabilis� eoiporarion called
Sempie "R�cyeliug & Ciu-�hink;,1-�-C and pad�ehased a' ccmc�te ancl asphah -
proeessor. ' : -
7_ Siucz 1999, Samplz Pecyclirig & Cnuls;ng, LLC has traded ia and purchased new
crushers in order to meet the nceds ofpivicessing an increased volume of
maTerials and a]so to �place prosessots th3t mz wnm d4vvn_
8_ S�npie Recycling & C� LLC has pos�ssed a tota}. of four (4) comerece and
. asphah pmczssors. � ' • - .
,
9, EV2i' �3IICC LI1i9 SrSL�iCiC2S3fli' N'23,piliCk2SdCI iIi I�9 Semple Reeycling &
- C�ushing, 7:LC bas used 'u on its PTOP�Y az 91 Ridd�r Cil'�le at IeRst tbrc� (3)
. times per year. . .
I0. 2t is the business praciice of Semple Recycling & Crushiag, LLC to ase the . �
processor ahout f�tu (A) times a yeaz az 91 Riddec Cireie in order to gmperly
maintaia ihe proeessor and aTso ia minimi�x the dust and rroise. 1 he conc� aud
5�
10-04
Oct-15-09 12:ZdPm From-KELLY AND LfM�ONS 6512238019 T-d07 P.05I1D F-550
• .
asyshalt processor is a mobil� uni� thai docs on-site rccycling al7 over The srat�
when i[ is nat at 91 Aic�der CircIe.
1 I, Wt��n the concrete and asgha3t proc�sser is iu use �t 91 Riddrr Csrcle it i+ used
ivlonday through Friday during dayliglzt hours oriIy to psevent disruptive noise.
�The dustproduced bytheprocessoris couunAed tivitb wates ou tke conveyor, a
water u+�ek and also fue koses [o prevent excessive dusr from dispersing.
12. Semple �c-cvaxiag & TruckinF;,;nc. and Szmple Builclin� Mov�, Inc. regularly
h3uL, asphali and coneret� fzom iheir joh sites back zo 91 i2idder Circle and ailows
these materials to accumulate unat thz proccssan$ is dane at ihe Semple
EnTerprises property by Seinple Recyc7ing & Crushing, LLC.
23. If Semple I2ecycling R� Crushing, LLC was not permitted to ebntinue pmeessing
� at 91 Ridder GircIt iz would suf('er hardship because oPthe co�ts it would have to
incur in hauling the concrete and asphalt out af Saint Paul, includin}; fuel and
maintepance eosts for the trucks, a�ld also addltionai Iabor costs in paying the
employees to drive fanher d3stanees to and from job sites. ,
14. A1lowing S�rnple I2ecycling � C:Yushing, Li.0 to continue proressiug st 91
' 22idder Circle financiatly ben�&ts the G'ity u£Saint Pat�l because Semple
• RecycHng & Cre�shing, IJ-C ekarges a sales ta�c an alI of cha maceriais it seUs and
pan of those procec.�ls go to the City of Saizit Faul.
15, Allowing Semple R�cyclin� & Clvshing, LI.0 to coutiuu� proce�ssing at 91
Ridder C9rcle banefits the City of Saint Pau] because tt reduces pollution caused
by uuneedad hauliu 8ad it rei�uCe9 thC wC3r �ua TC�` OA City 3R�tS.
i6. Asphah aud concrete pracessing is an e,iviranmentatly.sound basiness because
the psocessed roncrete and asphali can be reused in conshvcEin� mads rather thfw
dumped in IandfiUs.
i 7. Using processed aSphalt and awiereee in roads is beneficial for the enviranment
because enrities are able to qse recycled materials in rnnsnuction rarher uon-
renewable r�suurcas_ � '
�rrher your a�anr sayerh not
�
. James Seulple.
Subscrihed and sworn to before me
�
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tItis,f� day of('� �, 200).
10-04
DEPARTMBNT OF SAFbTY A1�ID II$SPECTtONS
Bob%seter, D'ueetor
CITY OF �AiTIT PAUL
CfnislapherB. Golemme,�M�qnr
June 17, 2009
395.1ac6onBder{ Srdte220
StPm� Mim+esafa5510I 1806
Pe7ephaie: 651266-9090
elepha e
Facrknife: 651d66-9124
Areb: www.rtLlw2¢mddri
SempleEnfeiprises '
Property awner ,
91 Riddra G&'cle ,
StkaniMNS510�-1297 '. .
ItE: Possib2@ o�rsite conor�te/aspLaitiecycting .
bear Mr. Semple: . �
This lette,r is a followup to oitt phone c0nvetsation bn 7une 4, 2409. 'Youwere looknag at the
poss'b�ity ofpzovicling on site outdbor conctetelaspl�alt civsl�g atpottr fac�lity Iocated at 9i Ridder
. Citcle: � � - . � ,
' 91 Ziiditer Circle zs IocaYed iu the ]'2 general indnshial zoning disttict A concrete,.asghalt and m�k ---.. ...
cnisliing fac�iip is first permitted m an 73 restricted mdtistriial zon�g district wifh a Conditional nse .
pa�� . : . .
Forthat iea"son, if'You are Pmposing to p�ovide ori sife oukdoor conbreEelasphait crusfung at 91 Riddei
Cuale, yon wauld be iequiied to rezona t�e prope�ly at 91 Ridder Circfe &nm IZ general industrial
zonuig districtto I3 teshicted influstrial zoning disirict (witb a cbztditional use peffizt�.
I have enclQSed a cezoriing and condiEional use pernut ap;plicatian for your zefereape. 'Ifyou have -
fittthe.r questions;egard'uigthis matter, �lease don't hesitaEe to co�tact me a� 651-266-90$5 {office) oi •
�ormne.t�71 A l. sipanl.mn.us (ema�. - - '
Sincerety, �. '
C!�i wv�� �
Coxinne A. TilIey � -
DSITnspebf6r—Zaning .
Enclosare
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5�
10-04
License Group Comments Te#
. Lieensee: SEMPLE ENTERPRiSES
DBA SEMPLE£NTERPRISES
L(cense i!: 19490003521
06/0972009
011062005 Refund of $563.00 pracessed per applicants request AMW
72/28/2004 Per BradlSemple; he wili faz Ietter M CAR agreeing to withdraw and requesting a fuli refund. cat
12/'17Y20041etter sent re: pending 8pp. cadrat � � � �
o6N�20�4 Per Brad/Sempie, hold on to tfie app_ Semp7e is reinfroduang the proposat to the new cound( sfaff and then hB wiH reappty Por the rezoning.
12M724041etter sent asidng for shatus of pmperty. cat .
05/17/2004 pe� BradlSempla, hold on to the app6cation. He will mntad us in iwo weeks far more informa8on re: how they want fo p�oceed wlth fhe lic app. .
cat � . � . . . .
�8/O6l2001 FooHng inspection elosed by DaJe Ken}ron. caa � � � �
04129280i Sita pfan ravtaw approved by Tom Beach. caa . � � . �. _ '
675-00-Rezoning denied by Planning Commissian, JJN-12-7-00 � - �
08/0V2000 Have received no comp�aints against the recycJing pmcessfng ceMer Ifcensa by notiflcaHon date per Gerry S[rathman - license approved/CAA
07l12/2Q00 Modon ot intent - ApplieaCron denied to rezone and adopted tha findngs and conclustons of the Planning Commisslon as contained in the'v
Resolution 00-40 dated June 23, 2000 Pvbllc Headng to consider fhe appl�cation of Semple Enterprises fi rezone Qmpefty fram 42 to 1-3 to aUow (with a
SCUP) processing and recyGing of concrefe and asphaR an sita .. . -
O6l16h000 Not�caUon fesponse date 07/28/2000, nolices mailed 06i16/2000; 27M & 42EM p �
0.5130I2000 per meeting w(th Brad of Semple, constructton (s going on as planned. Lany tliscussetl in detail with B�ad, requirements of Plan Review.
12/OtH 899 Per Kim and Wilty, sG�l talking wifh MAC. CAM '
D8i23N 989 spoke tivith IGm ( 772-1449 confact for Semple). t{ere Is Bie st2tas: property ts zoned 1-2, Semple appGed for rezone to i-3, Sempie'obtainfng
signatures for peGBon. After rezoning approved to t-3, Semple must appiy for SCUP for 13 DNR is also going through approvals for permlt MAC is also
Iooking at buying out the property. Keep an eye on this appfiptton for the next e months to 1 year tor progress.
9/18l99 John Hardwfck has s�Ye plan, SCUP will be needed. CAM . '. _ .'
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10-04
CFTY OF SAINT PAUL
GhrLttopherB. Colemmi bfayar
Juty i, 2009
Semp2e Enterpases .
Propeity Ovmer
91 Ridder C'scle
StPan1 MN 55307-I297
DEPARIMFiVT OF SAF&IY AND A*SPIiCIIONS
BaSSUSIer, D"nector
375Jac�5Rtee{SStite120 TelepTione:� 631-2G69090
SYPmrS.tfmneso�a551011806 Facsimr'te: 65I2669I24
IYeE: wwwstaauL¢avJdsi
L `�= _
-:�._ ;
RE: City of Sauxt Paul Zoning violation for concxete, asphatt ffid mck croshing activity at 91
Ridder Cffcle
Dear Mr. Semple:
It was brought to my attentio� ffiat an mqiriry fias been made regazd:mg observed crushmg activities
occ�ing a't 91 Ridder GSrcle. This Ietfer is to f;ormallynotifyyou that aA concre#e, asphalt and rock
crushiug act'taities occiurmg at 92 Ridaer GSzale ate � vio2a�on of the provigians of t}�e C�ty of Saiqt
Paul Zoning Code.
92 Ridder CrzcIe is located iu the I2 general indaskial zoniug district As tfieproperty owner, you are
responsble for mamtainmg this properiy and all activiEies occurrmg on the property m confotmance
with the grovisians oftfie City of Sairn Paul Zoning Code. Concreta, asphalt �d mck crvshmg
facilifies are notpeimitted ia t3te 72 geaeral indvshiat zoning distdct Ifyau ate opeiatiug such a�
faciIity, you aze m violalion of the pmvisions of section 66521 oftfie City of Sain"f Paul Zon;ng
�ode_ � ' .
All concrete, a"sphait and rock crnshing acUivifies musE cease mimedia#e[y.
A� violation of this ordei w�I result in further enforcenient action.
You may appeal this otdei and obfam a heating before the Bo�d of ZonmgAppeals by €.l'mg aii _
Application for Appeal andpaying the application fees to the ZdningAdminisiiator withia (20) daps
of the dstethese orders �vere muled. The Application for Appeal may be qbfained from the Zonmg
Administeator's Offibe at 375 Jackson Street, Suite 220, Saint Paul MN 55101-1806.
Sfioutd you l�ave asry quesfions x�garciing tfiis matter, please contact me at 651-26b-J085 (offiea) or
corinne:taie ci .�.us (email).
Regazds,
l/U'./t/�/t�/v��'
Corinne A. T�Ttey �
DSI Inspeotor—Zonmg
� � �ProiNmtyEmptoyer
5�
10-04
L I
sw�nr
AAUL
�.
AIIIIA
CITY O�' SAINT PAUL
Randy C. KeTI�+, Mmar
December17,2004
James Semple'
Sempie En#ezprises
91 Ridder Circle
St Paul MN 55107-1214
OFfICE OF LICENSE, INSPECTIONS AND
ENVII2DHIrfENTAL PROTECTION
.lanean E Rasar, Dkalro>
SAWRYPROFESSIONALBUILDING Telephone: 651-266-9090
3505[. PeterStreet, Srdte 300 Faa�'vm7e: 651-2669724 .
SabetPauSMI�mesofa557011510 � We6: wvn� " .ut
Re: Pending Recycling Processing Center License Applicarion
Mr. Semple: -
The Office of Lioense, Inspections and Enviroument�l Protection (I,IEP) periodically reviews
pending license files. It was brought to my attenrion that your application for a Recycling Processing,
Center License has been on held since June 17, 1999.
Your application for a Recyciing Processing Center License has beeu on hold due to untnet zoning
• requfrements. On July 12, 2000, the G`ity of Saint Paul City Council voted to deny yois application
to rezone propezty from I 2 ta I-3 to allow (with a Special Condition Use Pemut) processing and
recycling of concrete and asphalt on site at 91 Riddar Circle. As of today, T.IEP has not received any
additianal information regazd'mg further rezonmg discussions.
Until fiuther rezonmg discussions or zonmg options aze proposed, LIEP recoramends that we close
your file and issue a refimd for your license application, You may reapply as fhe development of
your proposal progtesses. Pleasa note, your license has not been'issued if you are conductmg
busmess, you aze doing so witfiout a valid City of Saint Paul license and may be subject to adverse
action and penalties.
Please contact me at 551-266-9108 or a LIEP Project Facititator, Corinne Tilley or I.au}r Zangs, at
651-266-9103 to confnm flvs proposed action.
Sincerely,
G7uis� k � �
T.� beputy I}irector
CAR/cat
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10-04
27_ Yublic headng to considex the appficafion ofSemple &nteiprises to zezone pmperty from I-2 to I3 to allow (with a Special Condition Use
Pemuf) Prucessmg andrecyclmg of conQefe and asphalf on site at 91 Riddes Circle. -
Virg�a Bnrkc, Depat�e� of Plannmg and Econoffic Developmen; pFesented a sbffxeport. She expiained tfiat9l Ridder Cacle is directiy
noxHi of8ee St Panl Auport xunway, adjacent to tfie levy mmd the river, and is appio�mately a 2-11.2 acae site. The purpose ofthe iezonmg is so
the applicant conld operate a concrete croshmg macL.ine onsife. The Plaming Cou�ssion, Zo�S Cox�ittee, andDishict Coffici7 aIl
iecommend denial of the application. One let�er of opposition was ieceived#rom a West Side resident a� ynoflier Side resident spoke m
oppositionatthe Zoning Cnnmtittee heamig. PED staffrecommended appmval. _
7'mm Semple, appIicant, appeared. He saidhe and Ids brofherwantta stazt a recycling yard atthis site wluch ihey feel is necessazy for tfie City of
St Faul after the loss oftwo other tecycling compau3es, Thay feel this is a good azea becavse wiffi the heigfit mstdction, nothmg eTse c� be pui
on the pmperty and there aze noY maay azeas m St Panl fo put a recycling yard due to zonmg xeg¢7ahons: . -
No one appeazed'm opposiiion; Counc�lmemher Coleman moved to cIose thepubfic Lea�g. Yr.as ='7 Naps - 0 �
Counci7membec CoIeman spoke higlfly ofMr. Semple and his endeavorbut questionedhaw the City cauld s� aff oafhe rezomng witLout
Be�mg aPPm�al from the G�ty Co�mcii. The GYfyhas wo3ced Lardforye�s to ze-clamm tte rivecfrou; Coleman said, to �suxe ihat the
mdustrial uses along the rivedconthave a specific relationsLip to 9ie aver. Also, fhe City is hpstg to lessea flie mE�sity ofnses as they relafe
to t�e rivec '
Co�cilmemba Coleman said the issue is not wLat Semple wi71 do bnt wliat the neatpeison may dn m anI-3 zone. He said he would be
w�ling to aIlow a speciil caudiEion usepemrit for 3emple if tUat wete possible under tLe ct�entzanmg brit once the land is zezoned, the City
istiedtottat � . . � ,
CoimcIlmember Colen� moved fo deny fhe applieaflon to tezone and adopttbe Snd"mgs and conclusioas of the Pla�g Commission as
contamed 'm thea Resolution
04-40 dated Inne 23, 2U00.
Coanci}memberReitei asked if 9�ere was a way to allow Semple to opeaate witho�rezoning and Counc�7 PmsidentBostrom askedPeter
W�er, Assistant G�ty At#oxney, wLaEthe oppoikmity is, given ffie cmtentza�g, to Lave a special oonclitianuse pe�it Mr. W�ec sazd he
fhoughtthexe weie ways to do Q�a� ttat 9ie operation conld be allowedi€rt weie completely enclosed'm abuild'mg mHvs paaticalar district
Ms. Budce sEatedtk�at asphalt �d c6nctete ernshmgis speeifieallp and ekadylisted as ape�itted use with a conditional use pemritmI3. If
thatwere not the ease, she felt $ey eou7d do a deteffiination of sim�7ar use and poss'bly wadcwiUuni-2 To cfiange it wonld mean a Zonmg
. Code change_ .
Councilmember Blalcey saidthaz $eory couldkeep a lot of peuple from domgbusmess or even house ielated'unprovemeMS. Ms. ��rkr
respanded that mtfiis pazticalaz case, one fitigating factor is $�at tfie regulatioas by the auport zesEdct any bmld"mg � tree from bemg higher
than�28 feet Ttiatfactor and tLe size of tLe lot mipose cextain l�itv. ' - � . .
Motion ofIntent -Applicatiott deaied to xezone and adopted the findings and conclusons of the Plannmg Commission as contained 'm their
Resolmion .
001}0 dated Jime 23, 2000_ Yeas - 7 Nays - 0
. l ��i�'��d SttV✓iYN9ArU Q"� VY✓1Yv1A�LS
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Scvrzfnu/„V3'S57c? racs,'mifa: 651-2?33j�/7
.. ... fvSS: �anc;� r4�.desoz� . .
.. . Sc�i.��,katFte Caty Council '
i}obnF �iQ Ciiy 3�11
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- �:Sy C'.tit2acil �I��ir,g: 1x13� I2, 200D, 5:30 p.m.. Cih•.`'�uncil ChamUe�s
� - .._,� � f�3�: T� �oasid¢r �zonin� pmpaTp' at 41 kiddet Circfe S�wn t-2 in I-3 to a!low� (F��Tt� a
- �� a�ae!ci�f�orLEl.i2ia7� Use Ptm�4tj prnoessi� and secgcfing of concrate and asphalt on site. �
- - :E�;��r�€��i�#S57t�tlt$C09+�4S+Ils'RDATiON:Dh?�T1t1L,»ate:70-sf
_ �'f'�+fl'#'TF.L PEGY3IUT�vff�iDATT03�: DENIAL, voG;: 5-1
: . '. :��' `�.��.'e�'�;�flN•Ai'PRA�SIAL
.-- spo�e•
''`' C�i?�?��'�?�: Oxte �ersbu s�pke. T�va lettc�s wece reeeived.
� ' '� 17�ar �s; �td�r�c+n:
� S$i�L£'E��PiPRFSES subnziEfed a petition to rezoise p:operh at 91 Riddzr Circ:e ;rom I-2 to
I-3. "F'ft� i ai�g Cc�}nmittee of the Flanning Cwnuiission held a pu6tic Itearing �r, Uie �sroposed
i�v'�e. on Iune 15, 300Q. Tf1C zgplicant addrsse.d t}te cou�miiice. At the clese oi'the p�biic
heuing, tfie eutamitkr voted i-t to recommend dettial fc� Yezore ta S-3. The Plannina �
' Cwwsussi4n u�he2d the Zo�ing Canunittee's r+f�c�r.�mendatiat� *oe den;al on t� �•n[e oi 10-�r on
.luue ?3, 24flfl_, _
shr propcsed rezonin� is sche�uted to be hearcl l�y €he Cii}' t'�encit �n ,E,�7� i;<Q00. Please
notS;;' me ii az:p memb�e nt €'rie ('ii}' Ceuncil ticisi?es Srs haee .ii�Jes ef �iie site {:�z,ettced a� ct�e
pubkic 4ieaiic�:. .
Si.n�er.i}',
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��'�RE�$. Seaagfe Faxterp[is�s, frSe €�JD-I�ZQ58, widec the �ncisiox�s of �°t�ian 64.$00,
.���, 6f3.G3Q{fj, 54:fi?�, 4�.�¢�d 65.�L'4ofthe Saim Paul Legivtazive CoB;,, has appli�l for
a��$v�I-2 to I-3 fbr�e �un.n�pase afallow'vi� {wi�h a�SPeeiai Condiuc3n Use PecmiY)
»�.ac=��o C�"��1 and tesyc�g o#'concxc�c 2nd a�alt en-sita, €�t�Y �orated_ai 9i Pidder
C'�aa1e, dessaibed in i� �e; �I
_�fsixt:�va 4v f�e 2oei� Co�i4fee of dte Pia�nz� Cot'rinu�ion on 061J Sf20[3B, heId a pnF�3ic
�t�g zt cxh�ida all Pa�su�sPresea[ �re giez� an appoitunzryk+ be he�xi �vrsnant zn said
'��.ayi�f�an i� aecrndance with i�ie�qairemEns of Section b�.3�6 a€&•e 3aust Pwt I.egis3�tive
.�c�e; 2ud
� 46"��EAS, �e Saini Paul Yf�n33i;n� Comruission, base�ct on t6e evidence presen�d io its Z.oning
Co��itYee at i� pu6li.cheFU3� as �bstat:tia3�y �efiecied in ihe miaute+, m�dz the fopo�uing
f�a�so£€acf: - -
1. -".�f� appficant oaas $ce pwperey aud eses ii.for:iis famify's excava?ing a' bttiid'uy- -
movin�+ bvsiness.:s. Sem�Ie EnFzrpri<es is family o�ti+red- aed opercted, has i�x.n in Ehe .
- b�7d'a¢g-aaovina bv,in�; for 44 years. and in t�z e�czvating busin�s far 13 ye3rs. The
t�vo o�rations curremiy evepta} 25 fu#33imz emp3o;•ees. The agp(icznt s�;es tita[ most of
bis cnsfomes base is in St Paui. or e.itl�in the 4S4't'4 r.icLro area. "Ihe a�p!icant ow7ts a
rock enuhiieg maelvne, wFsich is stored on Uus si� an� =mns�arte3 w excas sites
w needed. At excarxtion sites, thz c�vshing tr2eti.� p; ocesscs e�cavated materias,
which erz thea rec. cled as Eif. if materiats arc noe rzc:crsses �n+� rr:��c[ed at an �
exrzcatinn site, �her m�a Ix tnichrl tu landfil3s. -�
Sl;is sate is �tithin 300 fer� ot che YSississipai kircr. T:�r ��at ;s ditec.tl� adjacem;o thc
� fio�f pmeectioa Ic�•ee_ -
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The site is at�a in i�e tina of $� St, P�at Air�x�r: n�uu�aY, �'�j' rerthaf c�aa �icf o�.
Lai�mt rd�ians �xohibtc anY sRvcture or trea frc�n exzee.ding 23 fe�t
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� n��T'ics3�'E gz�Is�sasia rgmm: 3is pxo fro�s t-2 ic I-3 tn af'�w fi'vn /e:it� a Spsczal
Cv?adit�ul Use F�4��i�`j to o�em.te f�is coacreie c_rus�;u3 =�iachir�a on �us sfte, asd ceusF thc
�uutieH mzte�5.'� a�sp��z�ai �lales that fvatesials �vou�d }u� trc+c!:ed to tfi+s sii� feotr�
.�s,caiaii�sux a�`s Etis +"�i ?n€ends #o kn,p Uie z7vstil�xg e� er�ian sa.�atl PA'iAZarify
�ie tb r�e size 6��e site aa� izei�ht resa�Ictuat�s iaa�cu^d tzy :�s:t se�uiaziavs.
��uauf�(3.G3�(�)geis3}i#sthecrt�siw�,nofrocE,aspi�e.it,or�crV!sint6el-5 �
zo��ng disiri�, u�s�,� �aec'�.' c,�nctilimi usu pem�it. if �i�e xezprii�,g is appros%ed by t.�.e
�it�� �w�aci�„ � spaeial ¢o�itiT�an ti� }+u!niY appticatian Fw1E be heacd #r; #�c Znnizt�
t o�zs��ee uf #i-;� 7'tant:ira CflaSmissie{�.
'� }u�os€�t xez�kg is not+:ctusi..M.ent wilh t�e Ctunprelizt�s,iti e�'Isn. The I.a.nd Use
�m �f 949) �a.tc+sti�t "¢ew �es�eio�asent in the tloedu;aia nr ti:iti�i� 300 f�:t Q.ti3�e
�� I�i*'��` r.�s�k �outd have s reta:ienshig ui the ri�vs, a n�ea! ior a ii��er
tae��t�mt, nnu'/ar.t'aexEiL,3 e�a t�e m�er eiar�it�oaamcet." 3'�e prop�szd tvs� is nok
e�tsist�3t wi� 't�is g�i'tcq, astt;is �usuxs: s da�s txot h:,ve an ecEror��c o� �cntionsl
¢eed for a eiver mca?icri
, 4, 1lmpraposed;e:vsi;�siscansistenir.ndcomp�sibl��:ittit;�esm:ctur3ineareaand�ui21
naY have an}: zdv�xx im.pa:ts. 3'bi, is a€i ir.titisariat F,�t nf �iQ ^_iij=. =.�fiera tEiere a�e few
. eas�:v�3 pas:ses-��. Zt�,e� z asz ,a resi�iertzia: neigh;x�rI.c�ds, �ar'��, ir�iis, or oihec
i�reational l:u-id :isRs in ri�e 4icinity, and nu�z ptarLned or.^,nticipated. Tt�� duse fram Uie
crus;ung.7�ecatiac �.ifi be controtled with regelar ;tsteri^e. Te�e a;spl:cant reporks that
noise is sie.ziiar to Lhe n�*ise ofa hack hoe or n:ne; r.c<nsUVC!inn mac7unery.
S. Th� agn[icat�t subr :i2ted a setfTi�i� ni �edtio;� o(twa�tt:ir��:, vf s6e proprn� ovr,iecs �nri[hia
one httr.o.rec9 q t?3it1 fec. t�': ?6z n, ui c° rcz�ae<i. ,u;c;; ,:ei,.. l�m i?�t rr.zoning ( i3
nasce?s e#i�ibie. �F �:�'et , rryuirr_d. aixd ry �u:r�ci; :;t� r.:i t
Nf3�'. THERE:f�>FE.:;� ?T RF'SUi_V7:1', Uasr4 �u: tinu?ir:_ '.:;F;��. u�:e ;i�: �r�r�msccl rc'z.oning
is no: ct7r:sisre:�: ccith iitz Sc. PY.�I i'.mi�=rch�ns�vc ?'._�_.. inat , i , :: `s:a! {>s;:; Pi:� � Comrzsissic:3
de�< hcrecy rec�mrr.erc tc ii,e � ity� Cnua�il that she t• ;',,.; Fir tiun� i-? to 3-] uf
j3i�['itt14' ItKIl1C� ?.4 �} i Ridke� � iscl.. Icgali�� dcu.riti � in ['v� r:i�:. %�:::f.:r�.,.:
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.iVIETROPQLITAN AIRF�ItTS �OMNIISSION .
� SO �Iry� Mirmeapolis-Saint Pau1 Xn.ternationa�. Airport � .
J +-.F� 6oa0 - zsu� Avenva sou� • Minaeapo&s. MN SS450.2799
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DeNce Semple
5empte Enterpdses, lna. : .
91 i'tiddef Gircde. � � � � � �
Saint Paul, MN 55107 � -
REd � Noncorifprming use Permlt for Rock Grushpng Near SY. Paul Uowntown Airport
Deav Mrs. Sempie: �
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' 1'au have requested the Meiropoiitan Airpods Commfssion's consent approvai retafive #o the .
Noncordprming Use Permtt for property you okm adjac�rrt to the St Rani Downtown Airport. This
Noncorrf'orming Use Pemlit Is necassary. w allow praeessing asphaft/concrete on site. It is our
understandtng that the crusher equipmerrt used In thls process wID not conflict with continued
operaiiqn of the airport based d� tite height of kl�e onish�ng equipment and edequate provisions for'
dUS# Con4GI. . . .
The proposed tacatlon ofi the trusher equlpment, as discussed tri our 30 Septem6er �009 meeting,
would ke oufside the Runway Prot�ction Zane (RPZ) for runway i4-32. The RPZ is en sres that the
. FAA requires the sponsor of an airporf to keep elear of all o6shuc8ons Nrhen possible. Atf�chmertt
(1 j indicates the location of the RPZ reletive fo your property.
In conJunction 4rith tile City of Sk Paul and Soufh St Paut, tP�e MAC is in the process of estatilishirig
an airpprt zoning ordtnanc�: Under this sfztes model ordinance the of such equipment 1n
�te_Safety Zor+e °A" wouid not be eilowed. Attachment {2} which is the excerpt from Minnesota
SEate Statue rega�ng airporE zoning ordinaiices is p(ovlded. The St Paui �owntown Airport Zoning
' Qrdinance 8s {�Yesetttly drafted wbuld propose shrinking Zone "A" to coincide wiffi the RPZ lf
. adopted, this woWd allow the crusher to. bs located in the northem portio� of yaur praperiy whiCh
woufd fail within 5tate Safefy Zone "B " •
7he MAC will provide our consenf approiral fior any [oogHon on your property outside 6f the RPZ;
howevsr, our approvsl ts based on ihe wndi�on that_ the,fiqai mnfrig arclinance which requires
appravdl by the Gommissioner, Minnesvia Depattmerl# af Transporbtion, preserves the reyiseil '`
Sta}�s 3afefy 7�ne "A° coincl�ng with fhe RPZ If this zoning o�nance Is eventually enacted with t8e
extent of all your properiy in State Safety Zone A,1fien at that time MAC woutd have to withdraw our
consent'approval and the pertnit�should be revoked. � '.
'-Please contact m� if.you have any puesfrons: �� �
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Enctosure.
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APPLICANT - - " ' { � �� ���' LEGEND. ' • '
. PURPOSF IVC��,JL7l�f.,�`�S��IB�I� ��'�ioningdistrictboundary , �
FILE # � f ^ /- A �� � DA � �? ` � � � subjed property . ; �"rrorth'� .
"PLNG_DIST � M;4P# �� o � onefamiiy
. � � commercial
� � . � �� � �} . twofatnfly �,�..'indus3rial
� • . . � �� : �-�5- (,� mu�ipie family _ � .V. vacari[ .
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• ' CITIZEN PARTICTPAT , UIS
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CITITEN PARTI'CIPAT.I6N Pt.AA1NIN�G' D25T.RICTS
� ' 1.SUNRAY=BATtLECREEK�NT6HW00D ' •�
� 2.GREATER.EAST �IDE, . � � •
, , � �ES7' SIDE'
• ' • _4.DAYTON'S BLtJFF . •
' 5: PAYNE-PHkLEN. '�• • � • .
' ' 6. NO�RTH Edtb . ' -
� � Z.THOMAS=DALE . .
• ' • S:SUMMIT-UNIYER�ITY .. .� .
• . 8.•WESt• SEVENTH •
• lO.COMO� Q
� � .1 ] . tiEthfLINE-MIdvfAY . '�.,�— Z�t �� �
' • . 12. ST. ANTtIOFtY . ,
. 73.M�RRIAM PK.-_LEkI��TON HAhILTNE • 1 '
� ' 14.GROV€LAND�FIACAL• �ST�R • �. • • • �
• � • 15.HI6HtAND �' ' . � �
. ' . 96.SUMh1IT HILL ' • � .
- . • - 17.00WNTOWN - . . � . .
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Gjerry Berquist
46 Prospect Boulevard
WQr�I Two Pr�cinct 13
President Lantry, and members of the City Council:
I will be brief since I believe most of the issues are on - the
tabie and nre included in your 72 page documentntion concerning
tho Gorr�nlo Fnmilv'e er,lociro tr� hn�io t4;gir �inno�mittoM! nn�J illonnl
, r• I , r. , h�.
pavement crushing operation on land next to the M+ssissippi River
made iegai by Tne esTabiishmenT of a non-conforming use permiT.
The Semples have thumbed their noses at the city Council,
the Planning Commission und Licensing and Inspection for almost
t�n v��rg nQ�u'` Tn L T�r�g �{ �Qn(� t4�e Plnny�j�n� �nrnmjggign e�o.ninrl
the Semples request to permit processing and recycling of
� �_ , � ,., �• _� � � _ � �� � ,�
concre�e ana aspnaT a� y� Kiaaer circie, n�x�' fo i`n� riodaWaii ,
within 300 feet of the Big River (pg 62). In July, the city council
voted to support the Planning Commission's decision to deny. It
wns then, councilmember Chris Colemun that said, "The city hns
worked hard to reclaim the l2iverfront to 'snsure that the
�1fY4d�l�lK1 4JGi 4IV�1a ±144 l�tY4 1\� \ ��4� 14 l�4iM±�V1�J,liV ±V
1
the river. Also the city is trying to lessen the intensity of uses
as they reiafie to the river." (not in your packetj
That is almost ten years of operating n recyclinq Processing
Cen#er without a l'scense. Ten years. They attempted to have
i�l:�:^ Y^C'�3Q:^j'`j ^°..Z^::°.� .^.!?.�.I :.'.°..^2 .�..I Tl?.°..;' �:v°.!?�.°. �'.^.
processes on site was never grnnted because of the aoning +ssue.
rei' tne Sempies purcnaseci new equipment, erected 'two poie barn
structures and received and processed roadway material for
almost ten years without the proper license to do so. (pg60).
1
10-04
I have spoken with the Semple family. They are nice people
who work hard in their business of moving houses, moving roadwny
�rod�ct pnd crt�shing 4nd r�cyclino p4v�m�nt_ Y��, I aaree that
recycling is a good thing and the Semples have a right to have
il__:� L..�:.__-.- 11..t al_ I l' a.i" 1_'_.�."._ il
� neir �usine�s. au i � n� i'eui iSSue n�� i5 i ne wcui �on, uii � fie
River. T�is recyc{ing operation does no# need River access. Ti�is
opera in this location is inconsistent with the city's long-term
interest and Comprehensive Plan. Whitney Clark of the Friends
ot the Mississippi River makes thnt point in detail in his 12
I�Iny�rnhon �a±tv,n tn th� Plnn�;;nn /'prrmm:Sginn ;nn�dl Th�
y � ry �•
Mississippi National River and Recreation Area Comprehensive
rian refiecfis tnot as weii in rne e-maii aafiea u5 i�iovember LUUy
from Jim Von Haden. (pg23)
As you know, the two Colemnn administrations have
made serious efforts about what we do with our Riverfront nnd
;a�h� 7 tg itn �'S° �t fao��ntly tl,e Plwnniny /'�rnm:g�i�n nnr,l /'i;h�
Council approved the move of the harbor operator (barge clenning
ana repair j Trom unaer fine LafayeTTe aridge To �sarge �nannei,
three mifes down River. This was done to rid the West Bank of
the River of what was called "the inappropriate use of land acrass
from dewntown." The land vacnted because of this move will be
given by the Port Authority to Parks nnd Recreation to create
uiwiii�i r�ui n uiiu RiV2i u��ESS. v'ii'i2i iui�uS �u�f+vScuiy ui G iv v�
provided by the Port to create and provide more River access for
the West Sicle.
The Planning Commission and fihe City Councii also helped
create another Park spnce and River access at the old flont plane
hnrF�nr nt tha Nnitnr�n fiQlrl �f-�o.r tho Motrn�nlltnr� Air�grt�
Comrraission was permitted to construct over a mile of 10' high
� �, � �� � � �. , _ � ,.,� � �
sTeei Tiooawaii rign'r afi Tne Kiver s eage. wny ao 7nese ifiems
2
10-04
matter? I believe they show the intent of the city to continue to
make the River a gem for the nation, our state and our city by
cr�atin4 b�blic Riv�r ncc�s��s ctnd Parks, and movino n�tiviti�s
that do not fiit in the "greafier" plan. Pavement Recycling between
i iivv fiev+i �ui•K�: c�aue5'ti i fi{CAKG JG�IJ�.
Those of us o(d enough remember the Kaplan Steel recyclin�
facilility located on Sheppard Rond. That space as it presently
vYictc u;����r,i nnt hGvo hOOVI r�nccihlo if it �yorg n�t f�r thnco thnt
had a vision as to what the River area should become for the
,..
beTTermenT or rne enTire communi'ry.
And finailv, as a breathabie air advocate I am verv nervous
nbout the possibiliiy of more smaN particufates ffoating about in
'i i'3�. �i'v'�i �3i'i'iuvi . i�2. ± .�i�.iii�'.+i2� �la�. iiii ±�4.� ±��r ��ai"i i�uai�2
the amount of particies generated by using water on their
crushing operation. I�ersonally, I nm very skepticai about their
ability to follow the rules about air quality in the River corridor
considering their lack of regard for licensing and permits for
al►nast tPn v��r�. ��m �I�g y�.rv �on��rnPC� 46��t th� furth�r
cuts to staffing in the Department of Snfety and Inspecfiions and
�n�ir• ai�ili�y �e pTeperiy �'iane��e cine� meni�c�r• si�es T�c�i eouic� o�
harmful to our breathab{e air supp4y.
The Semple pavement crushinq activity is not River
related. They can crush pavement and rock virtually anywhere, as
tl��� ��n, nnyy' ���;th tl�g;n r n,�Sr.tMhl� n�,yy;ryn�nt T h�l:�y� t� r�n`n�t
this aetivity at the River's edge would be inappropriate
considering our reneweci interest in our iziver as a raric ana a
resource for afl to use and enjoy.
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AMERICAN
� ENGINEERING
�� TESTING, INC.
May 13, 1993
Mr. Terry Semple
Semple Building Movers
1045 7essie Street
St. Paul, MN 55105
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RE: Phase I Environmental Site Assessment
Former Barge Company
91 Ridder Circle
St. Paul, Minnesota
AET Job No. 93-901
Dear Mr. Semple:
10-04
CONSULTANTS
•GEOTHCHNICAL
• MATERIALS
• ENY[R�NMENTAL
Enclosed please find two copies of the Environmental Site Assessment prepared for Semple
Building Movers for the above referenced property located in St. Paul, Minnesota. We
appreciate the opportunity to conduct this assessment foz you and look forward to working with
you again.
Should you have any questions regarding this report, please feel free to contact me at 659-1318.
Sincerely,
�vLe-r,�G. !� �w.., u,,�
Steven D. Vranicar
Geologist
SDV/jg
"AN AFFIRMATIVE ACTION EMPLOYER"
2702 Unlverslty Ave. W. . St. Paul, MN 55174 . 612-659-900f • Fax 672-659-7379
4431 Wes[ M�chigan Slleet, Swta #4. Duluth, MN 55807. 218-6284518. Fax 21662&1580
143p First Avenue. Mankato, MN 56001 . 50]-38]-2222 • Fax W]-381-6999 .
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Minnesofia Poflution Control Agency
April 26, 1984
EXECUTIVE SUMMARY
Pier Foundry & Pattern Shop, Inc.
MND006149157
Situation
Pier Foundry & Pattern Shop, Inc, of St. Paul, Minnesota is an iron/steel foundry
where gray iron is processed for casting cylinder heads for motorcycles.
From ati least 1979 to 1981, the Company stockpiled waste foundry sand on their
properiy. In 1980, in cooperatio� with Ramsey County, the Compa�y retained a
consu7tant to sample and test the foundry waste streams; the tests indicated the
material was non-hazardous.
The Minnesota Pollution Control Agency (MPCA) determined that the wastes could be
used as clean fill mat2rial. No permit(s) from the MPCA are required as long as
the procedures followed are in accordance with existing local (e.g, county,
municipal) regulations and wetlands are avoided.
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i;�soec�lon Priority Recommendation
Bas2d on the 1980 determination that the waste streams are non-hazardous, there is
nc perceived potential hazard. The facility is considered to be a non-generator by
Ramsey County offiicials and MPCA staff. Therefore, no further inspection action is
recommended.
1935 West County Road B2, Rosevilie, Minnesota 55 7 1 3-2785
Regional Offices • Duluth/Brainerd/Detroit Lakes/MarshalVROChester
Equal OO9ortuntty Employer
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�Ulinn2sata Poifution Controi �gency
PRELIMINARY ASSESSMENT
EXECUTIVE SUMMARY
Remackel Saivage Site
MND981952112
Situation
The Remackel Salvage Site is located near Holman Field Airpart and the
Mississippi River in downtown St. Paul, Minnesota. This parcel of land is known
as the Northport area. Fram 1946 to 1973, Frank Remackel owned and operated a
salvage business on a small part of the Northport property. The property was at
that time, and still is, owned by the Port Authority of St. Paul. Remackel
salvaged wooden crates and pallets which he reconstructed and sold as storage
crates for fruits and vegetables. Used steel drums and defective refrigerator
boxes were a15o part of the salvage ooeration which were eventually sold to
individuals or junk dealers.
In June 1973, Remackel Salvaqe was inspected by the Minnesota Pollution Control
Agency's (MPCA) Solid Waste Enforcement Section, because of a complaint
regarding dumping of solid waste. At the time of the inspection, hazardous
waste was not detected on the property or in the salvaged drums.
In Febr+!ary 1987, tyis site was added to the Comprehensive Environmental
"espar:se, Compensation and Liabiiity Information System (CERCLISj and further
i�e�estigation was done to determine the contents of the stael drums. Interviews
with a representative from the Port Authority of St. Paul and with the owner of
the salvage operation,Frank Remackel, were used to determine past management
pr�ctic2s of the salvage business. Both parties denied any knowledge of
hazardous waste on the Northport property. Mr. Remackel claims that he bought
the steel drums from Tilsner Carton Company and that they were rinsed and empty
wnen he received them.
The Port Authority has refurbished the Northport area by hiring a contractor to
remove all trees, stumps, brush, rubbish, dump material and debris. The area
was then filled with enough clean fill and dredged materiai from the Mississippi
River (the dredged material was placed there by the U.S. Army Corps of
Engineers} to raise the elevation 23 feet.
-10 ta - :yette Road, St. Paul, Minneseca 55155
3eg:, .� ;ffi„=. • Duluth�Ersinerd;C2trort Lakzs�P.tz:snalllRocnester
Ecuaf C000rtuv:v Emc:�ve�
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MinnesoTa Pollution Control Agency
PRELIMINARY ASSESSMENT
EXECUTIVE SUMMARY
St. Paul Gas Manufacturing Site
MN098I52$25fl
June 18, 1987
The St: Paul Gas Manufacturing Site (Site), was located in So� Ramszy
� County, Minnesota. T'ne Site was in operation �rom 1857 to _ Coal gas was
produced at the Site by thermal decocapos�tion oi coal. The typical by-products
or this process include aromatic and polynuclear aromatic hydrocarbons,_ammonia,
� ferrocyanide, coa7 tar, coke, and heavy metal ash. Some or ali ar" these
by-products may have heen dumped on-site or discharaed to the Mississiopi R�ver.
A letter reques�ing iniormation about waste handling procedures at the Sit� has
be=n sent to one of the former Site operators.
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There are no rrunicipal drinking water suppiy wells within a 3-ssile radius oc tne
Site. The Ciiy or" St. Paul has three we11s that se*ve approximately 5 percent
or the population of St. Pau7, but tnese wells are located rougnly six miles
norih of tt�e Site. Tne remainder oT the municioal water supoly is ootained from
tne MississipQi River several miles upstream o� the Site. Tnere may be a rew
private we71s within a 3-mile radius or the Sit2, 'out this hzs not bee�r
confirmed.
Tne Mississipoi Riv=r is located rouahly 1,206 fe_`� south o� the Sit=_, and is
useu ior recreational purposes along the 3-mile stre_ch downs�ream o� the Site.
i.^.5D?CT.70R Y*lOrl�`.y Recortm}endation
7n= MPCA sta�f have conduct=d a Preliminary Assess�wnt for the Siie. As a
resu7t, the Agency s�aTf believe that the Site re�resents a 1ow po t°
hazard to the environment because there is no documentation or arouna water
cencamination, and the possibility of affiectitta a drinkino wat=r well is very
low. �e MPCA s�aTf hereby recommend that the Site be assianed a medium
priority for insaection because there may have been hazardous wastes on-site,
ana these wastes may have co�taminated oround wa�zr andlor surTac° water in ihe
dl'O3 . Phone:
520 Laraye;te Road. St. Paul, Minnesota 551;5
Regionat Offices � Duluth/8rainerdlDetroit Lakzs:MarsnafVRocnester
Equal Opportunrty Emo�oyer
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Minnesota Pollution Coritrtol Agency �`�
520 Lafayette Road, Saint Paul, Minnesota 55155 J/�:e���
Telephone {612) 296-6300 �
MIM1NFSOG 3930
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State Street rnmip
M�ID985678994
3une 6, 1990
The 5tate Street ihmip (Site) is located just south of the da.mtown area of St.
Pau1, on the south side of the Mississ.ippi River. It is baundeci on the east by
Holinan Field, a murLicipal aizPort and to the south by a wetland area. The exact
perimeter of the Site is not ]mown and is estimated to be approxunately 160
acres icL size. The Site is canQietely cavered. An industrial gark, various
other buildings and a portion of Holman Field have been bui.lt on the landfill
itself .
The Site �ras at one time a large wetland
L�ing used as an open chm�p is not ]mown.
mid-1950's and the dimg� was cavered. In
area of Holman Field was ccanpleted. The
borings and collecting soil and gmund w
of possible CORtaminantS in this area. '
are present in both soils and ground wat�
area. The date which the area began
D�m�pinq activities ceased in the
1987 a envirormiental assessment of an
assessment included drilling six soil
ter samples to detPmm�ne concentrations
'he results indicate that heavy �tals
r at elevated levels.
The city af South St. Paul has one muiti.cipal well located nearly i'1u'ee miles
away from the Site. The city has seven other nninicipal wells all located
outside a tlu:ee mile radius of the Site, six greater than four miles and depends
on only one or two wells at a time to meet municipal needs. The primaYy we11s
are all located outside a four mile radius of the Site and serve approximately
23,��� residents. St. Pau1's four muni.cipal we11s are a11 lccated north and
outside a four mile radius of the Site. Surface water intakes along the
Ntississippi River are all located well upstzeam fresn the Site.
No itmiediate thxeat of direct htunan contact, fi� and e�losion, or a release to
� the air e�ists at this time as the dtunQ is cave�d. Potential targets include
flora and fauna and contamination of the food chain, should contaminants be
released to surface via ground water discharge to the Mississippi River.
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Regiona! Offices: Duiuth • Brainerd • Detroit Lakes • Marshall � Rochester
� Equal Opportuniry Empioyer Printed on Racycled Pape�
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Minnesota Pollution Control Agency �`}
520 Laiayette Road, Saint Paul, Minnesata 5515� t,�
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7elephone (612) 2°6-5300
p.q�L���RY ?S�cSSr�
EXECLTIVE SJi'�`^_�RY
Technical. Se_� ants
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Si�uation
x�n..esau isso
The T2chnical Sealants Site (Sit=_) cove�s agDrox:inac'-lY a ac2s on t1:e w�st Ixnk
of the Mississippi Rive= i.n St• Pa+�l• S� 52=�ant and adhesive manuizct�=n9
ccmcanies cccupied the Site frem 1°68 to 1985. The Sit° was Previeusly cw-ne3 by
Te_ Sealants and P.dhesives Co�oration. In 1°83 �e 3LT �roup
the pro�*--ty on a contract for de� izcin 5ank, St. PoT1thelname8a3�at�r
Site �rras pcit Qn tne P=IIC+aTient List oL Pr_o r_ties ( a)�� containi.na hazsdous
Stxs°_t, be�-aus2 saveral �e�s, contain._s� 1x45
wastes w�-e left in the �as�nt of one oi the buildinqs at the Site w:zen the
ccz�arsies vacat2d- In 1985 itidway Barilc acceoted resr.x�nsibility for the Site and
�id for the r�noVal oi the hazardous materiais. 3fter remVal of these
mat_rials, th° Site w�s delet� fr�n the °r.� in l°87. In 1988 the cit_,r of St.
Paul conside_� rnuci�.sin4 �.he Site for develo�nt as �a*rt. oz �e R=Ve'='-�nt
�velognent Plan.
Rs part of their pre-Piuchase investigaticn, the city hirzd 'IW Cities Testina
Co�orat�on to do an Envirora�ntal Asses��nent o= t`:= psoUe-'�r. Tt�.e r�s�'�-`-s oi
this a55255�11L showed the on-Site soils to ce �ontzmin�te� with �'�=�
Folynucl_ar a�tic hydrecazLron� (P��S) z-'�d lead. Subsz�ueat sail and 9round
n3t°T t.25i.].11Q CORallCt� YN NOV3 ERVISOIIIR2Zlt�.1. 5���'V1C°S COR2ILI'.� Z er _
c�ntamination and detx��1 s�rezal Fa.H s znd 1_ad in tne 4�
mi±es o� the 5ite, the--*2 are no murLicipal dr=r�"ig wat�*' scu�°s and only one
residential we11 uszd for drinking '�at='"•
Regionat Offices: Duluth � Brainerti • Detroit Lakes • Marshall ' RQnn ed an Fiec�cted Paoer
Eaual Opportunity Empioyer `
Minnesota Poliutian Contro( Agency
520 Lafayette Road, Saint Faui, Minnesota 5�155-3898
� Tefephone (612) 296-6300
Grtober 22, 1990
Hr. James Dye
49595 Alpine Avenue Norch
Rou[e 1
Stanchfield, Minnesota 55080
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MINNESOTA 1990
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Dear Mr. Dye:
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nE: Petsoleum Tank Release Site Closure
Site: Dakota Barge, 91 Ridder Circle, St. Pau1
Site ZDn: LEAK00000387
The Hinnesota Pollution Control Agency (HPCA) staff has determined that the cleanup
performed in response to the petroleum tank release at [he sice referenced above
has adequacely addressed the petroleum con[amination, and therefore the file
regarding [his release will be closed.
Or, June 8, 1987, a petroleum tank release was reported Co che MPCA. Since then,
Mr. Dye has taken the folloving corrective action in zesponse ta the release:
On December 1, 1989, two soil borings were conducted to determine if any petroleum
contamination existed. Based on field instrument monitoring of the soil borings by
the consultant, one of the borings indicated some contamination did exist and the
o[her 6oring did not de[ect any contamination. Soil samples were taken for
analysis, but were not submitted for chemical analysis at the direction of the
responsible parcy. In March 1990 a third boring vas conducted adjacent to the
original boring wnich indicated conCamination and a soil sample vas submitted Lor
chemical analysis. The results of Che chemical analysis indicated low levels of
total hydzocarbons as fuel oil exis[ in the soil.
Based on the currently available iniormation, �e concur vith the consultanc's
recommendations and that they have adequately addressed the petroleum tanlc release.
There::ore, MPCA staff does not in[end to require any more investigation or cleanup
vork in response to this release. Howeve:, the MPCA reserves the right to reopen
this file and require additional vork if in the future more vork is decermined to
6e necessary, and this letcer does not release any par[y from liability for this
concamination.
Because you performed the requested vork, the scate nay reimburse you for a major
po:rion oi your costs. The Pecroleum Tank Release Cleanup Act estao?ishes a fund
vhich in certain circumstances provides partial reimbursement Lor petroleum tank
�e�ease cleanup costs. This fund is administered by the Pe[:oleum Tank Release
Compensation Soard (Petro Board). More specific eligibility rules are available
�rom the Petro Board (612/297-4017).
Regional Offices: Duluth • Bra�nerd • Detrcit Lakes • Marsraii • Rocnester
Equal O000rtuniry Employer • Pnnted cr Retycleo Paoer
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Hr. 3ames Dye
Page 2
Cctober 22, 1990
Thank you for your cooperation vith the HPCA in responding to ihis petroleum tank
release to protec[ the public health and the environmen[ of the state of Minnesota.
Ii you have any questions regarding this correspondence, please call me at
fi12/643-3465.
Sincerely,,� � /
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Ronald R. Schvartz
Project Leader
Tanks and Spills Section
Hazardous Vaste Division
RRS : j r
cc: Mary Lou Olson, Edina Realty, St. Paul
Jane M. Nillard, EnPro Assessment Corporation, St. Yau1
A1 Olson, City Clerk, St. Paul
Stephen Conroy, Fire Chief, 5[. Paul