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09-515Council Rile # � � "�j �Gj Green Sheet # 3 b'Jp /G Sj RESOLUTION L Presented by PAUL, MINNESOTA �% 1 WHEREAS, the Deputy Legislative Hearing Officer recommends that the application for an(I.D. 2#20090000141) Auto Body Repair/Painting Shop and Second Hand Dealer— Motor Vehicle licenses 3 for Capital Auto Service Inc., doing business as Capital Auto Service, 321 Como Avenue, be approved 4 with the following conditions: 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The number of vehicles displayed for sale shall not exceed sixteen (16) and shall be parked as indicated on the approved site plan filed with the Department of Safety and Inspections (DSI). 2. Seven (7) customer/employee pazking spaces shall be provided on the southwest corner of the site. (One (1) space shall be designated and marked for handicap parking) as indicated on the approved site plan. 3. FiBeen (15) parking spaces shall be provided on the north side of the site behind an obscuring fence for vehicles awaiting repair and repaired vehicles awaiting pickup as indicated on the approved site plan on file. 4. Maneuvering space must be provided on the property to allow vehicles entering or exiting the site to proceed forward. Backing from the street or onto the street from the property is forbidden. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work must occur within an enclosed building. 6. Customer vehicles awaiting repair may not be on the lot for more than ten (10) days. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law. ?. A fence and brick piers have been installed along the Como Avenue frontage. (No vehicles may be parked over the public right-of-way.) 8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors on the lot must appear to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 9. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazardous Waste Regulations. 29 10. General auto repair is not permitted. 30 11. Licensee must comply with all federal, state and local laws. 31 32 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 33 application with the aforementioned agreed-upon conditions. 34 35 36 37 38 39 40 41 42 D �J -�/� Yeas Na s Absent Bostrom ; i Carter � Hanis � Helgen f Lantry Stark ✓ Thune ,� � a` a Adopted by Council: Date �" /- 3 � 2! Adoption Certified by Council Secre4ary By: r ' � Approved y Ma o� Date L7/ By: Requested by Department of: � Form Approved by City A[torney By: Form Approved by Mayor for Submission to Councd By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet IS�I -�"1r ' DepaRmenUOffice/Council: Date Initiated: � � � co -�°°°°�� 01-MAY-09 Green Sheet NO: 3070108 Conqct Person & Phone: Department Sent To Person InitiaVDate Nhia Vang o oancil � -- 1 26fi8563 1 ouncil De artmentDirector Asslgn Z ' C7¢rk Cl' Clerk Must Be on Council Agenda by (Date): Number 3 0 13-MAY-09 For Routing 4 0 Doc. Type: RESOLUTION Order 5 0 E•Document Required: Y Document ContaM: .1ean Birkholz Contact Phone: 266-8673 Total # of Signafure Pages ,(Clip Ali Locafions fo� Signaiure) Action Requested: Approving the license application with conditions, per the Legislative Heazing Officer, for Auto Body Repair/Painting Shop and Second Hand Dealerv-Motor Vehicle licenses for Capital Auto Service Inc., doing business as Capital Auto Service, 321 Como Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 7. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: � Total Amount of Trensaction: CosVRevenue Budgeted: Funding Source: ActiviTy Number: Fi nancial I nformation: (Explain) May 1, 2009 3:08 PM Page 1 LICENSE HEARING MINUTBS 0 � /� /� Capital Auto Service, 321 Como Avenue Thursday, April 9, 2009, 930 a.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 9:44 a.m. Staff Present: Larry Zangs, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Mikhail Belyuzhenko, owner; Marina Yermolenko Canital Auto Service: Request for Auto Body Repair/Painting Shop and Second Hand Dealer — Motor Vehicle license Ms. Vang stated that this is an informal legislative hearing for a license application. This is a Class N application which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N licenses include: bars, entertainment, tattoo pazlors, eta—things that have an immediate impact on their neighbors. The City received one (1) letter of concern regarding the issuance of this license. Ultimately, there are three (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recommend to the City Council that they issue this license with agreed upon conditions; or 3) she may recommend to the Ciry Council that they not issue this license but refer it to an administrative law judge for a further hearing and findings. Ms. Vang will make her recommendation in the form of a resolution that will go before the City Council for their approval. It will appear on the Consent Agenda at a City Council meeting. The City Council is the final authority on whether the license application is approved or denied. Ms. Vang will begin with a staff report. Staff will be asked to explain their review of the application and will also explain their recommendation. Then, she will ask the applicant to talk about the business plan. Next, she will hear from people who are here in support of the issuance of the license and those with concerns about the issuance of the license and, she will review the letter that was sent regarding this application. Mr. Larry Zangs, DSI, provided a staff report. DSI staff recommended approval with the following conditions: The number of vehicles displayed for sale shall not exceed ten (10) and shall be parked eight (8) spaces south and two (2) spaces southwesY of the new building as indicated on the approved site plan filed with the Department of Safety and Inspections (DSI). Five (5) customer/employee parking spaces shall be provided on the southwest corner of the site (one space shall be designated and marked for handicap parking) as indicated on the approved site plan. Fifteen (15) parking spaces shall be provided on the north side of the site behind an obscuring fence for vehicles awaiting repair and repaired vehicles awaiting pickup as indicated on the approved site plan on file. 6y �i� 4. Maneuvering space must be provided on the property to allow vehicles entering or exiting the site to proceed forward. Backing from the street or onto the street from the property is forbidden. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work must occur within an enclosed building. 6. Customer vehicles awaiting repair may not be on the lot for more than ten (10) days. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 7. A fence and brick piers have been installed along the Como Avenue frontage. (No vehicles may be parked over the public right-of-way.) 8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors on the lot must appeaz to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 9. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazazdous Waste Regulations. 10. Vehicle spray painting/finishing shall only be within the approved paint booth area. 11. General auto repair is not permitted. 12. Licensee must comply with all federal, state and local laws. 13. The licensee and property owner will endeavor to make property improvements in accordance with the Rice Street Design Guidelines. Note: Item numbers 7 and 13 were actually accomplished with the previous owner and will need to be modified. Ms. Vang asked what the Rice Street Design Guidelines were. Mr. Zangs responded that it is his understanding that the District 7 Community Council had to come up with some type of design but he doesn't believe that it has been formally adopted by the City Council. Ms. Vang asked how long ago the fencings were installed. Mr. Zangs replied that the fencings were installed approximately three (3) years ago and are in good condition. Ms. Vang asked Mr. Zangs if condition #13 included landscaping. Mr. Zangs responded that no landscaping is included because the site is constricted; more decorative fencing was the compromise. The fencing has a wrought-iron look, actually, a steel tubular fence with a finial poinY on it and it's affixed to a brick enclosed post. The back area of the lot is enclosed with a steel, sheet metal fencing which is a white, totally obscuring fence. Mr. Zangs reported that the lot is completely paved. He added that Kristina Schweinler sent a letter to Gannadiy Yermolenko, previous owner (she was unaware that there was a new owner), January 12, 2009, stating that her observance of the site indicated that it was out of compliance with the approved site plan. She counted 48 cars of which none were marked "for sale." Mr. Zangs visited the site this morning and found that the site was still out of compliance. Mr. Belyuzhenko would like to modify the site plan to include more cars and seek approval from DSI zoning staf£ This property is in an I-1 zoning district, which does not require a conditional use permit; it does, however, need site plan approval, which is a staff decision. He proposed that DSI 2 Dy��lS staff ineet with the applicant next week to modify the existing site plan and agree on conditions which could then be presented to Ms. Vang the following week for final action. Ms. Vang agreed. Ms. Vang asked Mr. Belyuzhenko if he owns the property. Ms. Yermolenko responded that Mr. Belyuzhenko just bought the place from her and her husband. Mr. Belyuzhenko had the same type of business in Russia (5-6 yeazs) and he has worked in similar businesses in Saint Paul for three (3) yeazs. Ms. Vang asked Mr. Belyuzhenko how he intends to advertise. Ms. Yermolenko responded that they have a calendar especially for the Russian community on which they advertise and also a newspaper. There will be no big signs on the lot. Hours aze from 9:30 a.m. to 6 p.m., Monday through Friday and 10 a.m. to 4 p.m. on Saturday. Mr. Belyuzhenko plans to be there every day. He has two (2) full-time and two (2) part-time employees. Ms. Vang asked Mr. Belyuzhenko if he spray paints vehicles on Saturday. He answered that he does not do body work, including spray painting, on Saturday. Mr. Zangs noted that residents are approximately 1000 feet away or more, so noise from the body shop is not an issue and all trash and hazardous waste is properly contained. Ms. Vang stated that since the applicant wants to modify the site plan, this hearing will be continued at 9:30 a.m., Thursday, April 23, 2009, to allow time for a meeting with DSI staff and to receive comment from the District 7 Planning Council. The hearing was adjourned at 10:25 a.m. /jab The Hearing continued Thursday, April 23, 2009, 9:30 a.m. (The same people from the previous hearing were present at this hearing.) The meeting was called to order at 9:40 am. Ms. Vang noted that this continuation was scheduled because of a site plan modification requested by the applicant. Mr. Zangs provided an updated staff report. At the previous hearing on Thursday, Apri19, 2009, Mr. Belyuzhenko requested some modifications to the site plan and license conditions. Mr. Zangs helped to facilitate those modifications. The request for modification was submitted to Tom Beach, DSI, for review. Mr. Beach drew up a revised site plan which he approved on April 17, 2009, that shows space for sixteen (16) "for sale" vehicles located to the easterly portion of the property; seven (7) parking spaces for employees and customers located near the office building with one (1) of them designated for handicapped accessible; and fifteen (15) parking spaces for cars awaiting repair located behind the obscuring fence on the north side of this property. The license conditions have been modified to reflect the approved newly modified site plan: 1. The number of vehicles displayed for sale shall not exceed sixteen (16) and shall be parked as indicated on the approved site plan filed with the Department of Safety and Inspections (DSI). by -�15 2. Seven (7) customer/employee pazking spaces shall be provided on the southwest corner of the site. (One (1) space shall be designated and marked for handicap pazking) as indicated on the approved site plan. 3. Fifteen (I S) parking spaces shall be provided on the north side of the site behind an obscuring fence for vehicles awaiting repair and repaired vehicles awaiting pickup as indicated on the approved site plan on file. 4. Maneuvering space must be provided on the property to allow vehicles entering or exiting the site to proceed forward. Backing from the street or onto the street from the property is forbidden. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. All repair work must occur within an enclosed building. 6. Customer vehicles awaiting repair may not be on the lot for more than ten (10) days. It shall be the responsibility of the licensee to ensure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 7. A fence and brick piers have been installed along the Como Avenue frontage. (No vehicles may be parked over the public right-of-way.) 8. The storage of vehicles for the purpose of salvaging parts is expressly forbidden. All vehicles parked outdoors on the lot must appear to be completely assembled with no major body parts missing. Vehicle salvage is not permitted. 9. There shall be no exterior storage of vehicle parts, tires, oil or any other similar materials associated with the business. Trash will be stored in a covered dumpster. Storage of vehicle fluids, batteries, etc., shall be in accordance with Ramsey County Hazardous Waste Regulations. 10. General auto repair is not permitted. ll. Licensee must comply with all federal, state and local laws. Note: Failure to comply with Ramsey County Hazazdous Waste Regulations may be grounds for adverse action against the license. The applicant, Mr. Mikhail Belyuzhenko, has agreed to these conditions. Mr. Zangs reported that Building and EnvironmenYal Health inspections are not applicable to this license and both Licensing and Zoning have approved it with the above modified conditions. Ms. Vang asked the applicant when he first became the owner of this business, Capital Auto Service, at 321 Como Avenue. Mr. Belyuzhenko responded that he purchased this property from Gannadiy and Mazina Yermolenko in September of 2008. Mr. Yermolenko purchased the property at 388 Como Avenue and his business is named Capital Car Company. Currently, the Yermolenkos are leasing some space from Mr. Belyuzhenko. Mr. and Mrs. Yermolenko are helping Mr. Belyuzhenko get established in the business. Mr. Yermolenko and Mr. Belyuzheno are very good friends. They will also work together at the 388 Como location as friends helping each other; there is no formal business partnership between them. Mr. Zangs further explained that at this point, Mr. Yermotenko doesn't have a place for his business because his building is down and he is going through some zoning issues. As part of the hand-off of the business at 321 Como, Mr. Yermolenko is still involved. He is helping with the management of the day- to-day operation. Mrs. Yermolenko does the book-keeping and general office work. When Mr. Belyuzenko gets his license, that relationship will continue until Mr. Yermolenko can get his own business established at 388 Como Avenue; however, there will always be some kind of connection � ay-�i5 between these two (2) businesses only not in a formal business partnership. Mr. Yermolenko will have an auto repair business, so some sharing will be happening between the two businesses. Ms. Vang stated that she will recommend approval of this license application with the modified DST recommended conditions to the City Council. The hearing was adjourned at 10:02 a.m.