10-398Council File # 1� "3Q�
Green Sheet # � r] �
RESOLUTION
CITY C�f�S�INT PAUL, MINNESOTA � �
Presented by
1 WHEREAS, William J. Spiess, in DSI Zoning File No. 10-017821, made application to the Board of
2 Zoning Appeals (`BZA) for a variance from the strict applicaYion of the zoning code regarding the
3 minimum number of required off-street parking spaces in order to re-establish a licensed on-sale liquor
4 establishment at the address commonly lmown as 1082 Arcade Street [PIN No. 282922220178] and legally
5 described as Eastville Heights S 4o Ft Of Lots 16 And I,ot 17 Blk 1; and
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7 WHEREAS, the subject property had previously been occupied by a licensed on-sale liquor establishment.
8 This establishment has been closed for more than 2 years. Under the zoning code, a proposal to re-
9 establish a licensed on-sale liquor establishment under such circumstances requires an applicant to provide
10 off-street pazking at the rate set under Leg. Code § 63.207. In Mr. Spiess's case, the zoning code required
11 24 spaces, Mr. Spiess proposed 0 pazking spaces and requested a variance of 24 parking spaces; and
12
13 WHEREAS, on February 22, 2010, the BZA, pursuant to Leg. Code § 61303, duly conducted a public
14 hearing regarding the said parking space application where all persons interested were afforded an
15 opportunity to be; and
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17 WHEREAS, at the close of the said hearing the BZA, based upon all the files, records, reports, and
18 testimony presented at the public hearing, as substantially reflected in the minutes, moved to deny the said
19 parking variance application based upon the following findings of fact, as set forth in BZA Resolution No.
20 10-017821, moved to deny the requested variance far the following reasons:
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22 1. The property in question can be put to a reasonable use under the strict provisions of the
23 code.
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25 The applicant recently purchased this property and has begun renovating the building. The
26 building has been vacant since 2006 and was last used as a bar/restaurant. The code states
27 that any building which has not been licensed for liquor service in the prior two years must
28 meet the current parking standazds. This building was constructed in 1923 and occupies
29 almost the entire lot. There is no room to provide any off-street parking on the site. This
30 building has been used as a bar/restaurant for at least the last 60 years and to establish a new
31 use would require extensive remodeling. Even with a new use there would be no parking
32 available on the site. However, there are many less intensive uses that could be established
33 in the building including a restaurant without liquor service that would require fewer
34 parking spaces.
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36 2. The plight of the land owner is not due to circumstances unique to this property, and
37 these circumstances were created by the Zand owner.
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39 This building occupies almost the entire site and was constructed before the City established
40 parking standards. However, the property owner was awaze of this situation when he
41 purchased the building and any hazdship incurred at this point is self imposed.
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3, The proposed variance is in keeping with the spirit and intent of the code, and is
consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City
of St. Paul.
From an economic standpoint the most pracrical use of this building is to re-establish a
baz/restaurant. There has been some concern from area residents about reopening a bar at
this location and about the pazking situation in the neighborhood. Under the previous
ownership the business was subject to numerous complaints, however, with reasonable
conditions on the license, these could be resolved. The applicant should seek to obtain a
shared parking agreement with the Hmong American Center located at 1075 Arcade Street
which has a large parking lot or with other nearby businesses. With appropriate conditions
on the license and perhaps a shared parking agreement, the requested variance is in keeping
with the spirit and intent of the code and would not affect the health or welfare of area
reszdents.
4. The proposed variance will not impair an adequate supply of light and air to adjacent
property, but it would alter the essential character of the surrounding area and may
unreasonably diminish established property values within the surrounding area.
The requested parking variance will not affect the supply of light or air to adjacent
properties.
This building has been vacant for over two years. Reestablishing a bar/restaurant with no
off-street parking at this time would change the character of the neighborhood. A restaurant
serving wine and beer is a less intensive use and would be permitted at this location without
the need for a parking variance. Reestablishing a bar/restaurant with the associated parking
demand would have an adverse impact on surrounding properties.
5. The variance, if granted, would not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected land is located, nor
would it alter or change the zoning district classification of the property.
The proposed barhestaurant is a permitted use in this district. The requested variance would
not change or alter the zoning classification of the property.
6. The request for variance appears to be based primarily on a desire to increase the value
or income potential of the parcel of land.
The applicant has not offered any reason why a less parking intensive use could not be
established in the building.
WHEREAS, on March 1, 2010, pursuant to the provisions of Leg. Code § 61.702(a), Mr. Spiess duly filed
an appeal, DSI Zoning File No. 10-118295, from the determination made by the BZA and requested a
hearing before the City Council for the purpose of considering the actions taken by the BZA; and
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WHEREAS, on April 7, 2010, pursuant to the provisions of Leg. Code § 61.702(b) and upon notice to
affected parties, a public hearing was duly conducted by the City Council where all interested parties were
afforded the opportunity to be heard; and
WHEREAS, the City Council, having heard the statements made, and having considered the variance
application, the report of staff, the record, minutes, the BZA resolution and the testimony before the
Council, does hereby
RESOLVE, that the Council of the City of Saint Paul hereby upholds the decision of the BZA in this
matter as Mr. Spiess has not demonstrated any errar in the decision of the BZA and, accordingly, the
Council hereby adopts the reasons of the BZA, as set forth in BZA Resolution No. 10-017821, as its own;
and be it
FURTHER RESOLVED, that the appeal of William J. Spiess be and is hereby denied; and, be it
FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to William J. Spiess, the
Zoning Administrator, the Planning Commission and the BZA.
Bosfrom
Carter
Harris
Adopted by Council: Date
Adoprion Cert Coun
BY� / /� //�i//Jv�
Date
Yeas Nays Absent Requested by Department oL
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� DepartmenVOffice/Council: ! Date Initiated:
' CA-��� � 14APR2010 ; Green Sheet NO: 3106776
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�'• Contact Person 8 Phone:
; Peter Wamer
266-8710
� Must Be on Council Agenda by ( ate : �
''� 28-APR-10 � �1 � �� � i
Doc. Type: RESOLUTION �
E-Document Required: Y
Document Contact: �ulie Kraus
ConWCt Phone: 2668776
o C5ty Attomey ,
i CityAttomev DeoartmentD'uector ,
2 iCity Attomev Cih� 9ttomev �- lk -� '
3 1VIayor'sOffice '�� MavodAssistant ' !' .n
4 Counc� Citv Council L '��
5 'City Clerk City Clerk ��
ToWI # of Signature Pages _(Clip All Locations for Signature)
Memorializing City Council's Apri17, 2010, motion to uphold the decision of the BZA in this matter and deny the appeal of William
J. Spiess regazding the miniumum number of required off-sheet pazldng spaces in order to re-establish a licensed on-sale liquor
es[ablishment at the address commonly laiown as 1082 Arcade Street in St. Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Personal Service Contrects Must Answer the Following Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Council is required pursuant to City Charter to have its actions reduced to a writing either in the form of a resolution or an
ordinance dependent upon the nature of the matter before it. The decision of the Council in this matter required a written resolution in
order to comply with the Charter. Appxoving the resolution fulfills ttte CounciPs duty under the Charter.
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
�
Assign
Number
For
Routing
Order
CosURevenue Budgeted:
Activity Number:
April 14, 2010 9:25 AM Page 1
10-398
CITY OF SAINT PAUL
Christopher B. Co[eman, .4layor
March 8, 2010
Council Research
310 City Hall
St Paul MN 55102
Dear Mary Erickson:
DEPARTMENT OF SAFETY' AND INSPEC'IIONS
Bob Kessler, �rrector
CO:LL4fERCEBU/LD7:\'G Telephone 6�1-266-9090
8 Fowth Street East, Suite?00 Facsrmrle 65l-266-9124
SlPau[,MmnesotaJJ101-1024 Web �cinvst�aul.eav/drr
I would like to confirm that a public hearing before the City Council is scheduled for
VJednesday, April 7, 2010, for the following zoning case:
Appellant: William J Spiess
Zoning File #: 10 118295
Purpose:
Location:
Staff:
District:
Board:
An appea] of a decision of the Board of Zoning Appeals denying a parking variance
in order to reestablish a barhestaurant at 1082 Arcade St.
1082 Arcade St
Recommended approval wiYh conditions.
District 5 recommended denial
Denied on a 5-2 vote
I have confirmed this date with the office of Council Member Dan Bostrom. My understanding
is that this public hearing request will appear on the agenda of the City Counci] at your earliest
Convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger.
Thank you!
Sincerely,
John Hazdwick
Zoning Specialist
- NOTICE OF PIIBIdC HEARING
The Saint Paul Ciry Council will can-
duct a public hearing on Wednesday, April
7. 2010 at 5:30 p.m. in the City Covncii
Chambus, Third Floor, City Hall-Court
House, 15 West Kello Boulevard, to con-
sider the appeal of �V�azn J. Spiess to a
decision of the Board of ZoninaAppeals de-
e eetablish a baz% estaurant at 1082 Ar-
cade Street. [ZF 10 118295]
Mazy EYickson ,
Assistant City Council Secretary -
Dated: Mazch 9, 2010
(Marth 11) '
= ' F== S1: PADI.IEGAL LEDGER =___'_
_����iM
AA-ADA-EEO Employer
APPLICATtON FOR APPEQL
Deparhnent of Safely and Inspections
375 Jackson Sbeet, Suite 220
Saint Pau� MN SSIOI-Z806
651-26b9008
APPLtCANT
PROPERTY
LOCATION
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10-398
Zoni[ig oifice ase oniy
Fife no. �,O ��`�
Fee� _- �f �� �
Tenfative hearing date:
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Name w11VI Gi.6Yl J. S(}I2S�
Address �llG5 M.t nE�eha,i�Q S�. C��
City ��L� Ll l St.�Zip�?1010 Daytime phone�f.SDO-��21p
Name of owner ('rf different)
Address I o82 �rCc�� S-( �f.I��,U, � MN � la(o
Legaldescripfion: �tZS fl(—, �{ i S S�LG�+ ; 5' /� �' /7
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addrtional sheet if
TYPE OF APPEAL: Application is hereby made for an appeai to the:
� Board of Zoning Appeals � City Council
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under th provisions of Chapter 61, Section �€i (, Paragraph � of the Zoning Code, to appeal a decision
madebythe ��ts�k'<'-� (7� �e,r.r;A.%t� �`���LS
on �� — � ° j Q . 20�i Lj . File number: � f� " C1 � 7 ,�j .� (
(date of decision)
GROUNDS FOR APPEAL: Explain why }rou feel there has been an error in any requirement, permit,
decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the
Board of Zoning Appeals or the Pianning Commission.
additional sheet if
AppiicanYs
Date3-1 Cityagent
�
Refuting the Findings
Re: Zone Filing Number 10-017821
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At the time of the hearing we were under the impression, based on the infortnation we received
in the notification of the hearing, that the variance had been approved with the condRion we found 5
additional shared spaces: Staff Recommendations: "Based on frndings 1-6 stoff recommends approvol of
variance subjed to the conditions that applicant obtoins a shared parking agreemenY for ot least 5
additionalspaces from nearby business prior to openirtg the bar, and submitr a copy of agreement to
DS1." I arrived to the hearing with a pian for the 5 additional spaces and instead of having a discussion
regarding the parking in the area; it became about whetfier there should be a restaurant/fuil liquor or
Bar, in the area. This hearing was extreneous, as it was not regarding the matter of parking, but what
the building should house as a business. On two occasions, council members had to remind individuals
that we were here for the parking and not the use of the buifding.
I want to be clear that I fuily understand, and sympathize with the challenges the community
members have experienced in the past regarding the previous owner, however, I would like to reiterate
such issues were the direct result from misuse of the property by the previous owner. My dream has
always been to open a business in a community that I grew up in. My personai and professional goal is
to be successful, but more importantly, I want to do my part to bring the communi#y back to what it
used to be. Unfortunately, the East Side community has struggled in the past years, but there is a lot of
hope for resurrection when you have good, hard working people, with ethics and morels who want to
open business to make positive change.
Billy's Corner will not be a hang out facility for the college community or like what you would
fnd in a nightclub in downtown Minneapolis, Iike Brothers or the Wild Onion. Our establishment will
mainly consist of people who Iive in the area, and want to see their community grow. I want a business
that is family owned and operated, a place where people can gatherto support food drives,
neighborhood celebretions, or the excitement of a Vikings game. Some individuals have concerns the
business may negatively affect the value of their homes. However, the property was left in the poorest
of conditions by the previous owner, empty and abandoned, run down with water and mold damage,
garbage, and drug paraphernalia: the building was a detriment to property value. Billy's Corner will be a
fresh new business that would increase the value of the area, and reduce and hopefuliy elimEnate the
disorderly conduct of some individuals. I believe that a business, opereted properly with a good
business plan, ethics and morals, would increase the value of the neighborhood, and also help to
eliminate the type of individuals who bring crime, drugs and other nonsense to the area. In accordance
with the guidelines of the St. Paul Police Department, there will be cameras opereting on all sides of the
building for security purposes. This wifl protect not only the patrons of the business, but also the
employees and the neighbors.
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10-398
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Refuting the Findings
Re: Zone Filing Number 10-017821 —��
Regarding the facts and findings from the board of zoning appeals the following is my response:
1. The property in quesEion can be puY to a reasonable use under Nte strid provisions of the code.
The building has been established as a bar for many years, and has never had enough
space for its own parking lot. A remodel of the building would still not provide enough parking if
any at all. Atso, regardless of what business the building holds there will still be parking needs,
and customers who will be looking for a place to park when use that business. Any business,
regardless of its efforts at times, cannot always predict the behavior of every individual.
However, witfi strict standards and zero tolerance from the owner of the business that attracts
patrons will eliminate the return of these types of customers.
2. The plight of the Iand owner is not due to circumstances unique to this property, and these
circumstances were treated by the land owner.
During the year of 2007, we had completed a purchase agreement for this property;
therefore, we were still within the two year period of not having to apply for a parking variance.
However, because of the previous owners inability to manage the building, there were
numerous liens against the property. As a result, the closing of the sale was delayed. Prior to
the closing I was notified of the kitchen challenges, as well as the parking struggles that were
ahead; at this point I could not walk away from the purchase as I had signed a purcfiase
agreement several months before I knew the amount of time it would take to clear all the liens.
I calied the city regarding the parking and kitchen regarding the renovation and code
requirements. The person i spoke with advised me to wait until I was ready to open before
appiying for the parking variance, seeing as the whole building needed to be remodeled in order
to open. When i purchased the property I did meet with some neighbors and they agreed to
support Biliys Corner, as long as I took care of the property.
3. The proposed voriante is in keeping with the spiiit ond intent of the code, and is consisteni
with the health, safety, comfort, morals and welfare of the inhobitanfs of the City of St. Paul.
As a current business owner and resident of the East Side, I completely respect and
sympathize with the experiences the neighbors had with the previous management ofthis
business. However, I would like it to be known that Bill�s Corner does not encourage or enable
all-night binge drinking, Ieading to inappropriate behavior, such as abuse to neighbor's lawn.
Our family owned establishment will be a place that is about supporting its community and its
members. Biliys Corner will support local food drives, community activities, sponsor sporting
leagues (softball and bowling teams, dart leagues, etc.), and support Minnesota sports. Our
establishment will encourage activities such as kareoke, meat raffles, themed specials, etc. I
can't promise that every patron will make the right choices, but I can guarantee that I wilt make
sure the standard is set and the expectations are clear, the patrons of Biily's Comer will follow
the rules or they won't be welcome. I would also like to reiterete that there will be security
�
Refutingthe Findings
Re: Zone Filing Number 10-017821
� , -�:�.
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cameres on each side of the building, in accordance to the guidelines set by the St. Paul Police
Department, for the safety of the neighbors, patrons and employees.
4. The proposed voriance will not impair an adequote supply of light and air to ad%acent
property, but it would alter the essentia! character of the surrounding orea ond may
unreasonably diminish the estabfished property values within the surrounding area.
This building has been vacant since 2006; the purchase of the property was completed in
April 2008. This property at the time of purchase was completely destroyed. A person could not
have lived or worked in this building. There was gar6age all over, everything from washing
machines, to drug related items and paraphernalia, to moldy dishes in the sink. The property was
left in unbelievable conditions, with broken windows, and a broken water pipe in the basement that
left extensive water damage. The floor under the cooler in the basement was completely rotted,
and everything needed to be replaced. The bailding's condition would do nothing to help increase
property values in the area. A vacant, unlivable, and trashed property could in no way increase the
value of this neighborhood. When the building was purchased, I cleaned out all the trash, tore
down every wall, remodeled all the bathrooms, put in new carpet, fresh paint, and new bar buiit
from oak. I also put in new lighting, electrical wiring, a water heater, furnace, and heating system.
Biliy's Comer is ready tovpen and be a successfui business, helping to improve the area I was a pact.
of for much of my Iife. I believe a successful and peaceful business in the neighborhood wouid be a
great addition to increase property values. Also, as the area continues to improve with ethically run
businesses, it will afso attract additional changes for the better in the area.
S. The variante, if granted, would not permit any use thoC is not permitted under the pravisions
of the code for the property in the district wbere the affeded fand is locoted, nor woutd it alter
or change the aoning district classifirntion of the property.
The proposed bar/restaurent is a permitted use in this district. The requested variance
would not change or alter the aoning classification of the property.
6. The request for variance appears to be based primarity on a desire to increase the volue or
income potenfia! of the parcel af land.
Unfortunately, no matter what the purpose of the business the parking would continue to
be a problem. I wili continue to work on other opportunities for parking spaces, but at this time
there are few opportunities for other alternatives. We are requesting a variance, because there are
few opportunities for parking elsewhere; I hope to have the opportunity one day have my own
parking lot close to the business. At this time, however, the street where the business is opereted
seems the most convenient option.
Most people start a business to be successfui, and with the goal to be in business foryears
to come. I hope to be successFul professionally, personally and financially by opereting Bill�s Corner.
However, since I grew up and reside in the area I have deep connections to the East Side; I have
aspirations and wishes for the community to improve.
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Refuting the Findings
Re: Zone Fiting Number 10-017821
In conclusion, I will again acknowledge that I understand the neighbors' concerns, and they
would perhaps be concems of my own if I had shared the same challenges they experienced with
the pre�ious business ownership. However, that was the past and this is the present and future of
Bill�s Corner. I am an honest and hard working individual with deep ties to the East side area. I
hope to see the community come to its feet once again. I feel that by opening Biliy's Corner and
having the opportunity to run a successful business, I can help bring back some of what the East side
was many years ago: a fun, safe, and friendly area. I know that one business doesn't change the
whole city, but it will certainly benefit from the labor of an honest business owner and operator,
who cares about the community. Hopefully, if we can all work together, the East Side wili be a
positive community once again.
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DEPARTME:N'I' OF SAFETY AND INSPECTIONS D�� aG c`—
Bob Kessler, Dvectm � J
CITY OF SAIIv�I' PAUL
Christopher B. Coleman, Mayor
375JacksonStree;Sune220 7'elephone. 651-266-8989
SaintPaul,Mmnesota55101-1806 Focsmade: 651-266-9124
GYeb' ivw�vst�av(gpv/dsF
William J Spiess
765 Miunehaha Ave East
St. Paul, MN 55106
RE: Appeai of a Decision of the Board of Zoning Appeals denying a parking variance
to re-establish a bar/restaurant at 1082 Arcade St. Zoning file # 10-017821
Deaz Ms. Nelson:
We have received your appeal of the Boazd of Zoning Appeals decision denying your
variance application for the referenced property. Therefore pursuant to state statute 15.99 we
are hereby extending the deadline for action on the referenced zoning applicarion an
addifiona160 days in order to allow for the CiTy Council to heaz the appeal. The new deadline
is now May 28, 2010. If you have any questions regarding this matter you may contact me at
651-266-9082.
Sincerely,
� ��
� � John Hardwick, Zoning Specialist.
i
�
An Equal Opporiunity Employer
� _ `�:;
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BOARD OF ZONING APPEALS STAFF REPORT
TYPE OF APPLICATION: Major Variance FILE �10-017821
APPLICANT:
FIEARING DATE:
LOCATION:
LEGAL DESCRIPTION:
PLANNING DISTRICT:
PRESENT Z0IVING:
REPOItT DATE:
DEADLINE FOR ACTION:
William J. Spiess
Febniary 22, 2010
1082 ARCADE STREET
EASTVII,LE HEIGHTS S 40 FT OF LOTS 16 AND LOT 17
BLK 16
5
TN2
February 9, 2010
March 15, 2010
ZONING CODE REP'ERENCE: 63.207
BY. John Hardwick
DATE RECEIVED: February 3, 2010
A. PURPOSE: A variance of the off-street parking requirements in order to re-establish a
baz/restaurant in this building that has been vacant for more than 2 years. The proposed
nse requires 24 off-street pazking spaces and no parking is available, for a variance of 24
off-street pazking spaces.
B. s1'l 1��, AND AREi A CONDITIONS: This is a 40 by 80 foot pazcel located on the
northeast corner of Arcade Street and East Magnolia Avenue.
Surrounding Land Use: Commerciai to the north and west and residential to the south
and east.
C. BACKGROIJND: The applicant is proposing to reestablish a barhestaurant in this
building.
D. FINDINGS:
1. The property in question cannot be put to a reasonable use under the strict provisions
of the code.
The applicant recently purchased this properiy and has begun renovating the building.
The building has been vacant since 2006 and was last used as a bar/restaurant. The �
code states that any building which has not been licensed for liquor service in the
Page 1 of 3
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File #10-017821
StaffReport
pnor two yeazs must meet the current parlang standards. This building was
constructed in 1923 and occupies almost the entire lot. There is no room to provide
any off-street parking on the site. This building has been used as a baz/restaurant for
at least the last 60 yeazs and to establish a new use would require extensive
remodeting. Even with a new use there would be no pazldng available on the site.
Reestablishing a bar/restaurant in the building is a reasonable and permitted use that
cannot be accomplished under the sh application of the code.
2. The plight of the land owner is due to circumstances unique to this property, and
these circumstances were not cYeated by the Zand owner.
This building occupies almost the entire site and was constructed before the City
established parking standards. These circumstances make it impossible to provide
parking on the property and were not created by the current property owner.
3. The proposed vanance is in keeping with the spirit and intent of the code, and is
consistent with the health, safety, corvtfort, morals and welfare of the inhabitants of
the City of St. Paul.
From an economic standpoint the most practical use of tlus buiiding is to re-establish
a bar/restaurant. There has been some concern from area residents about reopening a
baz at this location and about the pazking situation in the neighborhood. Under the '
previous ownership the business was subject to numerous complaints, however, with
reasonable conditions on the license, these could be resolved. The applicant should
seek to obtain a shazed parking agreement with the Hmong American Center located
at 1075 Arcade Street wluch has a large pazking lot or with other nearby businesses.
With appropriate conditions on the license and perhaps a shazed parldng agreement,
the requested variance is in keeping with the spuit and intent of the code and would
not affect the health or welfaze of azea residents.
4. The proposed variance wiZZ not impair an adequate supply of light and air to adjacent
property, nor will it alter the essential character of the surrounding area or
unreasonabZy diminish established praperty values within the surrounding area.
The requested pazlflng variance will not affect the supply of light or air to adjacent
properties.
This building has been used as a baz/restaurant for at least the last 60 years.
Continuing this use will not change the chazacter of the neighborhood. The difference
in parldng for a restaurant serving liquor and a restaurant serving wine and beer for a
building this size is orily 5 pazking spaces. A restaurant serving wine and beer would �
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File #10-017821
Staff Report
be permitted at this location without the need for a parking variance. If the applicant
can obtain a shazed pazking agreement in a commercial lot within 300 feet of this
property for at least 5 spaces, the requested variance would not have an adverse
isnpact on surrounding properties.
5. The variance, if gr�anted, wouZd not permit any use that is not permitted under the
provisions of the code for the property in the district where the affected Zand is
Zocated, nor wouZd it alter or change the zoning district classifzcation of the property.
The proposed bar/restaurant is a pernutted use in this district. The requested variance
would not change or alter the zoning classification of the property.
6. The request for variance is not based primarily on a desire to increase the value or'
income potential of the parcel of land.
The applicanYs primazy desire is to retum the building to its historic use.
E. DISTRICT COiINCIL RECOMII�NDATION: As of the date of this report, staff has
not received a recommendation from District 5.
F. CORRESPONDENCE: Staff has received one letter in opposition to this request.
G. STAFF RECONIlIIENDATION: Based on findings 1 through 6, staff recommends
approval of the variance subject to the condition tfiat the applicant obtains a shazed
pazking agreement for at least 5 pazldng spaces from a nearby business prior to opening
the baz and submits a copy of the agreement to DSI.
�
Page 3 of 3
e
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APPLICATTON �OR ZONIl�TG VARIANCE
Departnrent ojSafety and Znspectioru
375.7acksan Sfred
Suite 220
SaintPaul MNSSI01-1806
GenaaL• 651-266-9008
Faz: (651) 266-9099
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APPLICANP C ""u f St � Zip ��i� Daytime Phone �� �L,. /��p
Property Interest of Applicant (owneq contract purchaser, etc) ��/1��
Name of Owner (if different) Phone
Address 1 Location 1 �
PROPERTY
INFORMATION
Legal
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(attach additional sheet if necessary)
Lot Size �� Present Zonin�� present Use �� �(
PmposedUse�� ��S ( �� '���f �
Variance[s] reqnested: �A�+ � 1 �� v� t �� �`�- � t f s',��c� l f)
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Supporting Information: Supply the necessary information that is applicable to your variance request, provide details regaz
project, and explain why a variance is needed. Dupler✓tdplex conversions.may re uire a ro forma to be submitted. Attach a
sheets if necessary. - �
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A. Variance Requests
1. The property in question will not be put to any use other than that which is was
intended, or built.
2. The previous landowners of 1082 Arcade St., were grendfathered into the new parking
variance requirements, however, since the property owners at that time failed to
maintain the busirtess it c{osed and became unoccupied fortwo years. Because of these
circumstances the business owner now needs to apply for a parking variance in order to
operate the business.
3. The parking variance request is in keeping with all requirements of the code, including
being consistent with the heaith, safety, comfort, morals, and weifare of the inhabitants
of the City of St. Paul.
4. The proposed variance wili not impair an adequate supply of light and air to homes
within the neighborhood, or any other local businesses. To be grented a parking
variance for this business would not alter in anyway the charecter of the surrounding
area, or unreasonably diminish established property values within the area.
5. The variance, if granted, would not change the intended use of the property. There
would be no activities not permitted by proper licensing, or the classification of
property.
6. The variance would not iocrease the value or income potentia( af the land, however,
without an approved parking variance the business would not succeed.
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(2%11l2010j John Hardwick comments on bar Page 1-
From: Chai Moua <nchaivmuas@yahoo.com>
To: <john.hardwick@ci.stpavl.mn.us>
CC: <nchaivmuas@yahoo.com>
Dafe: 2/9/2010 9:47 AM
Subject comments on bar
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my name is MOUA, CHAI I can't attend the public hearing but I amwriting you a comment that,
the bar is on the wmer of arcade street and Magnoiia Ave. is on the busy street. and does not have any parking
space at all this har will use all public street parking only so,l am resident near by the bar here I need our front and back of the
street
of our house to paric our car. not for public bar customer, other I need a pertnit for our resident near by here. other i will cail for
towing
thanks for my commenf
my address is 859 magnolia ave.e
chai moua
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PROPERTY WITHIN 350 FEET OF PARCEL: 1082 ARCADE STREET �
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8. SUMIvffT-iJI�IVER�TTY
9. WEST SEVENT'FI �
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11. HAMISNE-MID�A'Y
12. ST. f1N"I'I30I�tX PARK ,
13, iufERRFAIvI PARK-LEXLNGTON HANfLINE-SNELLTNG HAMLINE
14. MACALESTER GROVET�AND
15. H3C'sIll.f�ND
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CITY OF SAINT PAUL
BOARD OF ZONING APPEALS RESOLUTION
ZONING FII,E NUMBER: 10-017821
DATE: March 8, 2010
WHEREAS, William J. Spiess has applied for a variance from the strict application of the
provisions of Section 63.207 of the Saint Paul Legislative Code pertaining to the minimum
required off-street pazking in order to re-establish a bar/restaurant in this building that has been
vacant for more than 2 yeazs, 24 off-street parking spaces are required in the TN2 zoning district
at 1082 Arcade Sh PIN: 282922220178; and
WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on March 8,
2010 pursuant to said application in accordance with the requirements of Section 64.203 of the
Legislative Code; and
WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the
public hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question can be put to a reasonable use under the strict provisions of the
code.
The applicant recently purchased this property and has begun renovating the building. The
building has been vacant since 2006 and was last used as a baz/restaurant. The code states
that any building which has not been licensed for liquor service in the prior two yeazs must
meet the current parking standards. This building was constructed in 1923 and occupies
almost the entire lot. There is no room to provide any off-street parking on the site. This
building has been used as a bar/restaurant for at least the last 60 yeazs and to establish a new
use would require extensive remodeling. Even with a new use there would be no parking
available on the site. However, there aze many less intensive uses that could be established in
the building including a restaurant without liquor service that would require fewer parking
spaces.
2. The plight of the land owner is not due to circumstances unique to this property, and these
circumstances were created by the Zand owner.
This building occupies almost the entire site and was constructed before the City established
parking standards. However, the property owner was aware of this situation when he
purchased the building and any hardship incurred at this point is self imposed.
3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent
with the heaZth, safety, comfort, morals and welfare of the inhabitants of the City of St. Pau1.
Page 1 of 3
File #10-017821
Resolution
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From an economic standpoint the most practical use of this building is to re-establish a
baz/restaurant. There has been some concern from azea residents about reopening a baz at this
location and about the pazking situation in the neighborhood. Under the previous ownership
the business was subject to numerous complaints, however, with reasonable conditions on the
license, these could be resolved. The applicant should seek to obtain a shared pazking
agreement with the Hmong American Center located at 1075 Arcade Street which has a large
parking lot or with other nearby businesses. With appropriate conditions on the license and
perhaps a shazed parking agreement, the requested variance is in keeping with the spirit and
intent of the code and would not affect the health ar welfare of area residents.
4. The proposed variance will not inapair an adequate supply of light and air to adjacent
property, but it would alter the essentia! character of the surrounding area and may
unreasonably diminish established property values within the surrounding area.
The requested parking variance will not affect the supply of light or air to adjacent properties.
This building has been vacant for over two years. Reestablishing a bazhestaurant with no off-
street parking at this time would change the character of the neighbarhood. A restaurant
seroing wine and beer is a less intensive use and would be permitted at this location without
the need for a parking variance. Reestablishing a bar/restaurant with the associated parking
demand would have an adverse impact on surrounding properties.
S. The variance, ifgranted, would not permit any use that is not permitted under the provisions
of the code for the property in the district where the affected Zand is located, nor would it
alter or change the zoning district classification of the property.
The proposed barhestaurant is a permitted use in this district. The requested variance would
not change or alter the zoning classification of the property.
6. The requestfor variance appears to be based primarily on a desire to increase the value or
income potential of the parcel of Zand.
The applicant has not offered any reason why a less parking intensive use could not be
established in the building.
NOW, THEREFORE, BE TT RESOLVED, by the Saint Paul Boazd of Zoning Appeals that the
request to waive the provisions of Section 63.207 on property located at 1082 Arcade Street; and
legally described as Eastville Heights S 4o Ft Of Lots 16 And Lot 17 Blk 16; IS HEREBY
DENIED.
Page 2 of 3
10-398
File #10-017821
Resolution
MOVED BY: sogen
SECONDED BY: Morton
IN FAVOR:
AGAINST: o
MAILED: March 9, 2010
; r�
�'�lisa5
TIME LIMIT: No decision of the zoning or planning administrator, planning commission,
board of zoning appeals or city council approving a site plan, permit,
variance, or other zoning approval shall be valid for a period longer than two
(2) years, unless a building permit is obtained within such period and the
erection or alteration of a building is proceeding under the terms of the
decision, or the use is established within such period by actual operation
pursuant to the applicable conditions and requirements of the approval,
unless the zoning or planning administrator grants an extension not to exceed
one (1) year.
APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the
City Council within 10 days by anyone affected by the decision. Building
permits shall not be issued after an appeal has been Fled. If permits have
been issued before an appeal has been filed, then the permits are suspended
and construction shall cease until the City Council has made a final
determination of the appeal.
CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of
Saint Paul, Minnesota, do hereby certify that I have compared the foregoing
copy with the original record in my office; and find t6e same to be a true and
correct copy of said original and of the whole thereof, as based on approved
minutes of the Saint Paul Board of Zoning Appeals meeting held on March 8,
2010 and on record in the Department of Safety and Inspections, 375 Jackson
Street, Saint Paul, Minnesota.
SAINT PAUL BOARD OF ZONING APPEALS
Debbie M. Crippen
Secretary to the Board
Page 3 of 3
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�- PAY�� ��IAL��I DIS"T'RICT
PLAI�I1� I I�IG COLJ 1�ICI L �� �
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STRONG � SAFE .��' WELCOMIIVG � CONNECTED :�j•�� I�IEIGHBORHOODS
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€�8�e ��:I� �,�f�'= s ��� �'��::v:,tg CtB°.��.��$
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Re: P���,~ V��a�ace srf ��� u�-�°€r�t p:�;� ��'s g��� �� �.�-w�aia�� a
b� �� 1EE�Z �rs$�g Str�E (�'aa-s�er�g ���€e Ba�-).
Prior tc� the pua�ha�e a��rrre�t f�r 1U�2 �3rc�� S�e�ei (fortgerly Pie�. �ar) ttte
applfcant andlt�r his represeaat�liv�s carrte ta t� Pa�e P'�halen Bis#aict Fi€•e Planni�a
Couneii's F.3ud C3se �ora�mi�€e€: Fie � enc,Qag-ageti ta �ar� � neia�tbars and ta
adttress garkin� limits aatd t� c�nsisler �e �xsssibls rr€tj� oft�Ls cs��ss �agerty.
Rec�tiy, �aa F�dZrca�.�,� 4, 201Q, i�e ��ie�t �e ica €ta� �1=.I3 {:sa�s:a�i�t�e {�istrict �}
an the matEer aft�ss �!'sajmr i�asi�see for zero parksng sc�aees �v�scere 24 �re re€�ui�eei.
Neigk(aors a<3so attanded th4s �a�elatFg aad v�i�sd c€�g�r� a6taut �'t� �ZUildsags' �aisQoriv
use and impact ta tha s'�arro�ns8�ng neig
Bistrict �ive has heard from se��,ral srrsa33 busin�ss�s on .,�rcarte who fear th�ir cnrrenY
ct�stomer artd residentia! parking attay be av�n��tee€meci by bar gafr�n �Sar[citeg.
CP�? gas�ed a tta�[�€�n E� cs��uz� the �€ar Zl�raa�ece agg�ic�tzsare 2s at ruas g�sented.
T'�e agnIicaut agr�� 20 lay ouer the i�sue at BZe°� a� to �S�u��ae par'�; �pti€ans �wi€tz area
bttsinesses and #o wart� {,vith neigI�Uor�. I�e �s �tvit�d to c��ae brs� to tjae I�f�rci� 2dI(1
GPED meeting-
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eod�
The buildix�� h�s �ttat'r�,°n 3ie�:se� fcn :ig€aar s�,-a��c� �a #Fs� g�r��F �vo y�� a� s€a ss
reqaiFecl to meeY c�rent �aridng stan�2rds_
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are caf tlz� � vdsz�r's m�b.
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aPFe��s ia� did no4 eonssdar g�k�ng far ivs tea�aea�:s, �nsploye�s ar f�sa� g�trQns in �e
s�ga of tI�is remc�,.Iing effort.
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site. A variauee �ef 5 garking sp�ts is gres�seel. �t seez�e�s �ml�e�gr ���raus would
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e�ectaziQ� � snmr i�d -� ��ar z��-� ��c� Fa€��c3 e�gi� �cr�er c€sr�e€�
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Z'�e eade is t��a�ea tss g��e i��ief ta �ea��rs �a a��a b�..�.... €�m `�*e ac� ���=�
�pa. c9 of s�.ach �
I�o � is pzsv"s�� i�� t�e ecc���A�-'e t�`ss�d� �� � F�ar �: � `s ;is � � €sz�2 �z af
t1Fis gr€�g3e�fy.
.�Ta s��r�d parlang a�zeme�t �s be�r� e��al�s�c��$. �� ��?a�t �a�s �ead tc�+� �ears ta
address t1�is fuad�nie�stal issus. He r�pcss�si c�� 2-€bS�-�3I�3 �sa# s��a �n ���t s�°as
II4� iWII4I1f�EG3�}' �8251!?�8.
� �Q pra�soseel �rari�a�ec� r�dlP �c�€ €�€ai� c� �€�'�� ��PF� a� ��€ ¢rc€�c€i�° �i
¢el�'aee�t� �xrcg�', �a�r �n�ff i� s�� P�e �€�te�da� er��€��ev €���e �m€:�a�� ��u gr
�re�o�re�rt,� e�at�r�eaash �,�t�a�fa��ae�t �eap�r� waF�€ ��€a�z ��ae ��r�€€��'€�g �,�€�
f�d�acert� �t��hbaas ar� �t�nc..-�taeci abaut a�sga�g� an ��a�u�r €sta�s7ss�aer�t ��
usadeq�tate €efCsEreei �rark3ng. Exsxssive lafe a�igiat nas�e, �."atsg c�>�rr�rfl�;=daag fa� �a
�33SIR�SSPS 3IIi� ZCSi�eR�S, aa�� beneea.t suisa�� cacacx.�s� ac� �nt�cigs� Fsased sn �
fs? ;tarae ea�e €sftt€e gs�€sge�r.
'I1�� ccxscErna can �e �sts`eip�ated � a�iu�se�� aF�'�3 re-�e ��� af sgaa�sza�s+3aa:g
�usiaaesses aud seside�F pra�uas.
ft •ia��aPci €�e ��utt ta �at s�� re�ic�e��ia� � bz�c���� ��-��� � �����c�1
g�rt�ia�� a.�d nuisaFeee 'ss�aes � thas �F€.
�. T�te req�est�'�e� v¢r�e��e %� e�e�t �i��s��r ' � e� �es€�e �is €ss�eere€�� � v�i� ��
i�c��e pgter-�r�! €r�'t�€e�eet e� la�.°
The applicanY's grimary inteni is its �mgrove Fvs �u��: � f�ss gs�ty.
�a�€,megfs €�B gscepcesed r�os�c��€:
No sF�aracl p�rking a�e�n�nt exisis ar has �n �sia�alis�.
I=ayne �°�talest �frict rive Plas�n�tg �aunc� ��s�aces �Eiis ��ajva Fv°°°�°°°. �qaes8 �
at this t€zcte. !�
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2%9%2010 John Hardwick- comments on bar � �-�-- -- � .` ` � `-`-- � "`�"" " ----" - ---'
i �_� )_ - Page 1
From: Chai Moua <nchaivmuas@yahoo.com>
To: <john.hardwick@ci.stpaul.mn.us>
CC: <nchaivmuas@yahoo.com>
Dafe: 2/9/2010 9:47 AM
Subject: comments on bar
n -`. T �S
my name is MOUA, CHAI I can'f attend the public hearing but I amwriting you a comment that,
the bar is on the comer of arcade street and Magnolia Ave. is on the busy sfreet. and does not have any parking
space at all this bar wiil use alI public street parking only so,l am resident near by the bar here I need our front and back of the
street
of our house to park our car. not for public bar cusfomer, other I need a permit for our resident near by here. other i will call for
towing
thanks for my comment
my address is 859 magnolia ave.e
chai moua
��
�_�11 '}�
, n ;�
MII�IUT'ES OF TE� MEETING OF'I'FIE SOARD OF ZONING APPEALS
CITY COUNCIL CHAMBERS, 330 CTTY HALL
ST PAUL, MIlVNESOTA, FEBRUARY 22, 2010
PRESEN'I': Mmes. Maddox, Bogen, Linden, and Morton; Messrs. Courtney, Ward, and Wiison of ihe
Boazd of Zoning Appeals; Mr. Wamer, City Attomey; Mr. Hazdwick and Ms. Crippen of .
the Department of Safety and Inspecdons.
ASSENT: None
The meeting was chaired by 7oyce Maddox, Chair.
William J. Suiess (#10-017821) 1082 Arcade Street: A variance of the off-street pazking _ _-.
requirements in order to re-establish a bar/restaurant in this building that has been vacavt for more than 2
years. The proposed use requizes 24 off-street parking spaces and no parking is availabie, for a varianoe
of 24 off-street pazking spaces.
Mr. Hardwick showed slides,of the site and reviewed the staff report with a recommenda6oa for .- --
approval subject to the condition that the applican� obtains a shared parking agreement for at least 5°
pazking spaces from a nearby business prior to opening the bar and submits a copy of the agreement to- :
DSI.
J
One lettet� wa's received oppnsing the varianee,request. -� ; �
.; Oz�e lelte�, was receiqed from District 5 regazding the variance request. . :,. -,,..,.. '...
> T'h� applicank,WII,LIAM J. SPIESS,. 65 Minnehaha Avenu� East, was present, wiff� Jennifer-Spiess; .��,--
ll51 Transi•t r1�!enue, RQSe,viilg. Mr. Sgiess stated that he has spoken to the Hmoug Americau:=Center �' �,
,_ and.theg have ; agreed on 5_spaces we are just in, the process of getting the paperworl� tog�flier, tliey just ': ^,: �
have to get their insurance lined up.
Ms. Bogeaquesrioned when-Mr. Spiess purchased the building2 Mr. Spiess replied in Apri1 20�8�. •-
Ms. Bogen continued prior to,purchasing the buIlding did you investigate any of the potenfiial parking
requirements that:�ou.might.have to deat with? Mr. Spiess stated yes, he knew that theie waS' a pazT�ing
issue. , Ms. Bogen further questioned but you purchased the buIlding anyway, witIiout exploriag how to
handle that or without coming here,prior to signing fhe purchase agreement. Mr. Spiess Feplied that
when h� purchased the building, he had to fill out paperwork to purchase ffie vacant buileiing and `at that
time,he statzd_that he wanted to make it a baz/resfaurant again•with the three aparhnents upsEaiFS; `Fhat is
aIl he thought he had to fill out. :
V Ms. Morton gues6oned where do the residents on the second floor pazk? Mr. S�iess stated at this point '
tfiere is only one resident that has a vehicle, the building is right on the bus line so most of tha people
who are fhere now use the bus. Ms. Morton questioned is there one aparnnent up tliere? Mr. Spiess -
replied theze. are three. T`tuo use the bus and one has a caz. Ms. Morton questioned where does that one
person park? NSr. Spiess replied on the side of the building, tfiere ue sis spots there. Ms. Mortos. •
questioned what the hours of the establishment wouid be? Mr. Spiess repiied 8 am to 1 am mostl�.
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AA-ADA-EEO Employer
10-398
File #10-617821
Minutes February 22, 20I0
Page Two
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Ms: Linden quesrioned Mr. Spiess how faz is the Hmong American Center from your establishment?
Mr. Spiess replied it is kitty-comer across the sireet. Ms. Linden asked what their hours are. Mr. Spiess
replied they aze open until 9 but most of their business is over by 4. Ms. Linden further quesrioned that
Mr. Spiess has set up an agreement in writing and you will indemnify them and all that, right? Mr.
Spiess yes. Ms. Linden asked when he anticipates that happening. Mr. Spiess replied within the month.
Mr. Courtney quesuoned Mr. Spiess, first you mentioned that your tenant parks on the side of the
building, is that the 6-8 feet we saw in the photo? Mr. Spiess replied no that is the front of the building.
The side of the building is much longer, 80 feet. He stated he is also trying to obtain that at the Hmong '
American Center as well, but he needed five so that is what he went for: Mr. Couriney questioned can
you get more? Mr. S�iess stated it is possible, they wanted to see' how the first five worked in the first
six months and then go fiuther. But they aze willing to give him five at this point. Mr. CourLney stated
' he is not that familiai with that area. We just had a case that was similar to this case, what do qou think
about 10 spaces? Mr. Spiess stated he wonld like to get 12 if.he could�.' Mr. Ward restated his'question
"What does he think about getting 10?" Mr. Spiess stated that he just saw that he needed five so he -
wanted to come to the meeting letting the Boazd know that he had five. Mr. Couriney questioned what
do you think about getting ten? Mr. Spiess stated that he could work on that:
,� ._ , .. . _ _ .. .. , . �. � ,, . , . � . _.
Ms. Bogen quesuoned so the lot at the Hmong Center is on the next comer another tiloek away? Mr.
Spiess replied nq it is right across the street aight behind the buildiag.- Ms. Bogen contimted that she
thought the Mr: Hazdwick stated it was on the south side of the building. Mr. Hardwick stafed if you
� lobk at the pichues it is on the south and ffie west'side of�die building it wrap "s azound the buildiiig.' ''
... . ' " , ' - . . ' .. . .. .. . � - t. . , .
-.... .-; : Mr. Wilaon questioned if it requires 24 spaees.why are �e ,going:back to onlq five? Mr. H�idwick sCated
that staff is recommending a pazking vaziance of five spaces because a building of that "size could be
opened as a restaurant serving wine and beer and needing only five addifional pazking spaces. The
°. � difference betcveen having a restaurant with a liquoi-licenSe and Ti2ving a Testaurant" with a wine' azid beer
license is only five parking spaces.
_. ; . .
•. Ms. Bogen stated that she did the math and tite difference bettveen having a restaurant Fvith full liquor
•- service is 24 spaces and having a restaurant with wine'and beer is 5' spaces and that is a difference of 19
spaces. Mr. Hazdwick replied no. Ms. Bogen stated if you need five spaces if you-are jusf serving beer
and wine and you need 24 spaces if you are serving hazd liquor: I"sn't th0 difFerence i9 spaces? Ms.
Maddox requested that Mr. Hazdwick justify the math. Mr. Hazdwick stated that a restaurant with wine
and beer requires 1 parking space for every 125 square feet of gross floor area, so you take the gross
� floor azea and divide it by 125, A restaurant with liquor requires 1 parking space for every 100 squaze
feet of 400r azea, so you would diaide the 2400' by 100 and then you woutd takc those two eotals and you
would find the difference between the two and that difference is 5 spaces. Ms. Bogen stated that you are
saying that if this were just serving wine and beer it woulc2 require 19 spaaes? Mr. Hardwick replied
yes. _
There was opposition present at the hearing.
� O
AA-ADA-EEO Employer
10-398
File #10-01?821
Minutes February 22, 2010
Page Three
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David Theobald, 82$ Magnolia Avenue, stated he owns 828 Magnolia which is right across the street
from the baz and resides at 848 Cook Avenue one block south of the bar. He stated that he represent 35
neighbors of the baz and have stated that they do not want this to move forwazd, with neither the parking
or the barhestaurant. If the variance is approved and ihey are allowed to pazk appro�mately 200 feet
away from this baz they will not opt for that option but they wffl opt for the closest space which is the
space right in front of our residences. He azgued ffiat this should have been addressed during the
planning and design process rather than in the attempting to open phase. We don't have a working
relationship between the neighbors and tkais new tenant who is not a resident of East St. Paul. We doa'.t .
have a working relationship in efforts to talk to him about a written plan, trying to move forward and
trying to be neighborly we were typically shut down. He askEd for a specific written plan on how he �
woutd deal with pazking, noise nuisances etc., all-ffie things that come with alcohol consumprion and he
said, "oh your just one of those that needs a written plan." That was back in on November 4, 200&. . .-
Since that time there has-been:no wsitten plan of action revealed for this bar and for the economic �,., ..
sustainabiiity for this property. . Also on'Febma.ry: 4 at,the CPED. meeting, three weeks aga-. we asked for� `;._� ��•
a writtek plan.and more neighbor. interaction and since that timz, 3 weeks tune, we •have seen �o: `_ < c=:�. .... .
aggressive acrion by the baz owner. Without a written plan, without any action to move forcvard, we just
think that tha,.combinaflon.of the bar the parking,vari�ice is not going to mak0 St. Pai�F and Magnolia �: -. ,
;,.
Avenue a better- place-to�liue: ,>, • , : ,�;-. ..;::..� : � ...:� :... .
Mike Magg4„83� Iyfagno&a Ayenue, stated that he has..lived aceoss the stseet from the baz foi 43 �years �- ...-;:�. -
and he kind of lmows,what he is headed for again. Ithas been pretty quiet for the last two yeaz�: He ...a'- =._ -:'
stated-that:on his `sideaf,the st�eet; there are 11 houses.and.th�ase il houses own 27 vehicIes.-'�flnithe'••��''>t?. �:..e:,.,;
other sida of-the street#l�ere ar� 8 houses that aze affeeted and they own 13 cazs and uo�r i�you ta&e�tlie`?��:-- '���
bar wath::all theapaztm�nts-;�u#ed`:upstairs•adding thzeemorecazs forthe baz and"a nimtmuu�of=3'cars'�=w�_- :.y
for the:workers;� if only 3 pBOple are working you are looking,at a total of 46 cars betweea 2Q houses<< -` ,•- ::�- :
where do we go? Ms. Maddox. asked if Mr. Maggi attended the District Council'meetin�: `Mr.' Maggi '
replied yes. .., . :.,: ..:..:;,:a.. , u ' ..: ; . . ,; � :. ; : ,,.>. , ,
Mr. Courmey stated do wc.have to ask the quesfion, there was a bar there before where did the people' =�,'� •' `- %
park? Mr. Maggi replied•husiness was.never-that good there; there were five differen4 o�ers ln fhe las`t'� '- -
20 yeus. Mr. Thiebald stacedihat theg pazked on Magnolia: Mr. Maggi stated it is nat jusY the'parking= :.- �.'
it is everything the parking-leads. to after closing oz during business hours. '. .- .. ..., ,,
Mr. Ward stated that being��it has always been a baz. NIr. Thiebald stated it was actually oziginally '' _
opened as a grocery store. Mr. Ward questioned the original design was a grocery store? flnd it always'
had apartments above i2? . R�Sr:. Thiebald replied yes. Mr. Wazd continued than for some 3(Y-4Q odd years. ":
it was a baz. What would say would be a neighborhood friendly business? Mr. 'F'hiebald sfated he '-�
would start with what are some of major problems in St. Paul, we have homelessness, children
without fathers, and q�e,have those type of more community saciai problems. Ms. Maddox stated.iha� is
not relevant to this hearing. Mr. Maggi stated a restaurant. He would have no problem with a �- :-
restaurant, your going to go.in there, order your food; maybe sit for 45 minutes. If someone is going. to
drink it is all together different people. They come in at maybe 8 pm and stay until closing time and t]Yea
you put
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AA-ADA-EEO Emgloyer
10-398
File #10-017821
Minutes February 22, 2010
Page Four
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up with everything outside afterwuds and that is as big a prohlem as the parking; the noise and what you
deal with after. Ms. Maddox stated we have to stay with this variance.
Mr. Wilson questioned whether ffiey could iive with any kind of shared pazking at the Hmong American
Center? Rather than put a guy out of business before he opens? Mr. Maggi asked if Mr. Wilson could
guarantee that people wouid pazk over there. He stated that he has a handicapped slicker, his neighbor
has one, we will put up two handicapped signs each and that will take away four more pazking spaces.
There is not room, Bffi stated he has a tenant that pazks on Arcade Street, she doesn't pazk on Arcade
sha parks along side the building and there are tunes that caz sits there ten days without moving. ..__._.
Leslie McMarray, District 5 Planning Council, she stated that the applicant did come to the Planning
Council prior to purchasing the properry two yeazs ago and was advised of ffie'parleing needs and. aware '.
' of the nuisance conditions.related to the license history with tfie property. As neighbors have.testified =:
-- • they ace concemed tfiat hisforic will be repeated. The Ptanning �ominissio� did�•reject the applic�t�on: ��c =:- :-
-s %= i=� ?' <:, . as it• was.presented to.them on' February 9`". They requesfed 3haYthe applicant ask for.� Yaqover°of th�s-: ��°_ - r r`-?': .
=�'- •� �''.hearing-andchatthey_furtherpursuepossiblesharedp�rkin�oprious Todayis�Ehe'i'irstwehaueheard"of>..-. :: -.
• - Hmong American pazking_ agreemeat for five- spaces; tha¢ has not been before the neighborhood so the ��
-,. neighborhood has not'commented on that possibility or- whether tliaf:wouldibe deemetl=ailequate: SY�e. ��'-' :��.. _, ;:
-• cpuId specuTate that would ndt be adequate for the Planuing C'ourieil: In addition to'the`34 n8ighbors that =-��:
- have been cited befare we have heard from several small businesses on Arcade that are afraid•tktati theit� ': '
-. ...., -..,:.-, parking•needs will be eclipsed by the patrons of the bar i£ it is�reestablished•; Thc-bar_:has-not been =-:. :-. �+ ;:.
`'. ''�. "' ,'?. : licensed �'ci� liquot,serqice in the prior two yeazs so it isiequired tameet cnfren� stand'aiazds. _ R?hile the' :`� '`- �,,.> .
_:="sl.<<�;-i'_:: n�=- arleizt toda effects-tk�e, arkin vari�ce it is.clo�ely t}�d ti? �e1'iquox &cense:app'�c�atl6n �.:;;_- ..,
�P g- Y P g ,
Deparfinent of Safety=and'Iuspecrion. Many of the nuisance con'ditidn`s'=are r�latecl`ta-�liz license•'.:'; '"�;
- .,,^-;.�'�;. �. ::+:s='aPPticatio�; That the:parking.vaziauce would allbw; 'f'heie=are iri�y 'reasoiSab3� �i"ses;fo'r tIie'�Sxbpert3� -`•" :�. :'•� r. "c
- , _. . , . .-.-wh'sch inaludes all usea a1lo�ed in the TN2 zoning and the tlFCacte SinaIl Area Plaii call� �or'= � �' .:': -.` ><�' =<:.:; =� ° _ ,.
_. �.., reflevelopment along Arcade, most of those allowable uses would.iequire less, intensive , paiking; fewer .:: �^ '�:-. -
parking spaces than required for the bar and restaurant: We belie've the�applicantwas`well'awaze'of-the" `
conditions of fhe site prior to his purchase and was advised by the neighborhood of tlie concems and'ivas ''
•• advised bq DSI staff of the needs for parking and lieense issues prior to ia�esting ani� redevelopment of = .
;_. ;, rhe building-. The apglieant has stated at CPED' his extensive remodeling.' of the `apartmaats aud the'laar:'' °�_ "�
-.-.—. r- -belaw but did not address pazking for tenants, employaes; and fufure �ations of tlie business; Ms: °-- '=� �
MaMnrrap stated that she had misspoken when she said that the Hmoi�g Americsn Ce'"n'tei was a fuil=city
block from the bar, but they do not think that five parking spots are adequate. Tfiespirit anc� intent'of ffi� .' '
code is to allow for changes in land use over time, this use as a bar had expired' and so it is the spirit aud -
- intent of the code to allow fos new uses that are more fitting. with the developmenf and'charactef of the
neighborhood. � We have not seen demonstrated, as stated'tfiat the economie viabilifg" of this=parcei is fied
--_ to its use as a baz and in fact the need for a pazking variance would suggest thaY ttiis is not the appropriafe •'
land use for. that site. The` formex bar in_ eazlier days had much more pedestrian traffic and the nee@ for �
! _. parking flas changet},:the City wrote a two-year expirat[on info the code for aTea"son'and tliis code" is '• -
designed to giva relief to neighbors and azea businesses from the adverse impact o£this fype`of
- <-establishv�ent. She argued that the spirit and intent of the code would all'ow us to ieject flus parking
vuiance. The resale ualue of the properties in the azea could be said fio- be affee"ted by losirig pazking in'-= '=
the azea and the nuisance issues that might be associated with the baz, it may be difficult to' attract new �
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AA-ADP_-EEO Employer
10-398
File #10-017821
Minutes February 22, 2010
Page Five
3� : �;�<,.
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residenfial and business interests with over crQwded parkiag on Arcade. We would say that the
applicanYs primary intent is to precisely improve his income with the property that was his statement at
the CPED meeting. CPED is very much in favor of business investment in the azea but we simply think
that this particulaz use does not benefit the neighborhood with the presentation as it exists today. If the
shared pazking agreement had been brought back to the neighborhood and was evaluated that might be an
option but we had no information about that until this aftemoon. At this time the District 5 Planning
Council opposed this request.
Mr., Courtney questioned what he is getting out of this is that you oppose having' a baz there? Ms.
McMurray_stated we oppose the puking variance of 24 spaces. Mr. Courtriey asked if she could explain
-. to him, it seems that he is getting two diffecent report$. Ms:: McMutray stated that she couid testify as
,, ,,., _-,. , the _Crime Prevention Coozdinator foz the uea that much time and effort in the neighborhood was
-, -_ :.-. ��consumed with nuisances associated kvith fhe,historic nSe o�;xh�,prop,erty,as.a bar:: In terms of pazldng:.we ; F. �,: �, ,;,,
, : ; , , :�,, haqe,had 35 neighbors_,telly,ou.:that.the �atl�ing. w.ould �burden to, the neighborhood. _ .,
, Ms..Bogen questioned+so it is.noY.so much,that the Payna-Phal�en.P.lanning,Council is agaiast the baz:bw `
. . t,.._...:...:�_._�_,
_, .. .. „_ ,,, � busi,nes��thatp✓ould-r�,quire. sq,much.Pazkaag; so ang_busin�ss tha� would.require24;; :.;__..,�:; , •.,:,=
�� <•: spaces you.would be,agajnst that of$he parking issues?.; �vis..McMurray stated that it apgears�thaY
; ..the,other, uses allowabl� for,ffie TN2 parldng would have legs intensiye pazking; and• she beiievss eitiug �•-
,_, :,_ the preyious neighbor,that spoke rhei�,�xactical effeLt_is less burdensome thau a:baz, becaus� ,,�, w,;.. ;,,,;,�
_ � of how it is used. . � � . . , . , _ , � ;, . , . . . . < , �
�i5'Y"- -: .._�.�1:: ., '� .t . . x ��.w�➢F �i� ... �•��`.�� . " .- .r�. - _' _ .. � ' i_
, Mr. Waz� quesiioned M�. Har�„wick tkiis.parheulu.l,icease we are looking at is for. beer and wine-and=a ,-, `;�.: :,.;;>„,°,
, .�,:..�..,.,.�., �.restauraa�?,Ms..:Bogea��sg�ed;na ,Mr;�A?ard;z�st�sqit.is,gP,iffgt�baa,restauzant�wiffi�fiilt-iFq�tor`��-:°s� ,�,� ��-,
, „�- Mr. Hazdwick stated .it wil�,be a- ;:�xplaining ttiat outsidc of do�ptawft>=� s.,:
_, �, you can only have a,restauranE that Rrine and: heer ot a: re,staurant tha� sezves Iiqnor, bars; ca�.qnly� ::. ,,..: :
J � � exist in the downto�vn:area. . :,, �: :,., ..., ...
--: .„., ;. Mr. Wi�son stated that we can flnly consider, the not the affect� of the baz. Ms. Maddox rep�ied _.. ,-,._
; that is coriect, .. ..;.: ._ �: � -,--;-,,..:
:h` , °.. .. , - . �. ' .._ . . . _ :Y:: . ., '. � . ' .. • . .."
lL . : .. ; . , . . . . . . . � - . .
,;. ,,;>: _, -. �Ms. Linden questionedMr. Hardwick,if someone�is going;o get a,licen�e for a restaurant that serves'- �: `• ,�
,, liquor is there a percentage of how much.food is;seived verses liquot. Mr. Hazdwick teplied yes, tk�ere- .. .,- •� ,
aze a bunch of requiremeats; you.have to.hape a mena;..yon have,taserve certain rypes of foods and.a>
._ ..,: .,, certain amount of gross incoxr�e receipts-have to coma from €ood sales.,
�—: ,.... , : .. ._ .
_ _. Ms. Bogen stated that answered her question.:. � .. -
, '
:_ Peg Telin, 835 Magnolia Avenue,- stated she lives three houses direcdy behind the baz and has lived there �_-; a-. .-
j . � for 38 yeazs. She stated she-is againskthis,.late.night noise is.very much a nuisance. Tius has been a- -•, ;.
very quiet area for the past twn years. We,have to endure €or ovez 20 yeazs of car doors. slanuning.; � •
., , �... . urinating .shouting, partying, and,uomiti4g right ouiside ouz beslzoom �vindows. She does not see _,
���
AA-ADA-EEO Employer
10-398
� -
� " ���
��1-li�� 1�
File li10-017821
Minutes February 22, 2010
Page Sie
bar/restaurant whatever we are going to call this is going to change this. It has been horcible foi 20 years
and it has been heaven for two years without a bar. Ms. Maddox questioned what you aze saying is they
aze puking in front of your house. Ms. Te1in stated approximately IS feet from her bedroom window
and we heaz this at 2 am. All the nuisance issues are d'uecfly related to the parking, it is the parking in
front of people's homes that leads to the nuisance issues, and pazldng in front of the area businesses
adversely impacts the businesses.
Mr. Spiess stated he pays taees also its public pazking. It is hard to e�ress what kind of baz this is going.. ,
' to be, he believes it is going to be a very successful restaurantJbar. It is a famify owned bar all his •.
daughters will work there: It is a whole different scenario stating that he used to go t� that baz- alf thc
time: -He would like it suecessful not only for himself, of course he purchased the bar -to- be successful� .. .
and-tQ maka revenge ob.viously, He "stated as faz as putting a plan together on gap'er, he thiulfs• fhat`i� ,,.:1 �
whatheisdoing. He�stated;he,inviteQ,peopiefromtheneighbozhoodmeetingavertosee-tliebar:=Wlieh:t,�=...x,.;-s-
. They com�.ov�r.,all he get� is>positive.,��The oniy'negative he has heazd is atthe:City fiexe_.:If:r�,•- :s. ::
he needs<ta ge4 more spaces and donblz it ta�teu Ehan that is whaE he will da . .. . .. . . .. .. . . . . _. . , , _„ _, , .
Ms: Lmden: �ue&tionecF whether he �ould_tefl her about his menu? Mr: Spiess replied::hamburgers,E'�� �`:f -� - �._-:
� - fioYdog�;. �hicicen, soup chil�y: -Ms. Boge� questioned- will,you bc's8rvirig breakfast also?t:'Ms_ Spiesa ,°, ..' _
repliad '�:•-_•:
,.�,.,fatfier does have.;an.East,Sideaddress at 765„Minnehaha Avenue East: •NFr: Spiessstafec�,h�.does na4�stay .....�::, ;
, there all,the. tiiqe,.he reat� it. flut fo }us brother but he does stay there some of tlie tune'and gnes.by:there-� ''� .�,-.� ;. ,
. . -_every.day: , , . , _ . , '
-� ,, . , . .
.. � : . . . .... . .....:...: :..
_ :. �:., . ,; :..:- . -
-_. ;r' :.- ..... .. :... :...:. . . . ... ;, , .;,_•.. ��.,. ,._
„ .: . : �. -c.
� :
� „,_. >,. Mr,: Wi1SOn. p�stianed=J�:�
_-� q �piess:�ou purchas0d the bar•23�ear's agQ'and y'ou weat fa�tnct;� �ud.yQU - <�. ..
< '� heard, sbme appositibn.relari�e�ta the parking, whesdid you againkeontact the Couueil?- Ivls�`�piess�stated;. .<, .., .-:-.
":, ,,:�:, .... w hen . he;wenttotliat : meetiag.itwasn'.tmainlyaboutparking;it•u✓asaboutwhatitistod'a�;'aboaf�t3ie�;-:.>_.-' :.�>r:
har: When he left that meeting' it was mosUy positive. Mr. WIlson furflier questioned thegarking ::�, ::? r' ... :,; ,;:,
wasn't .the issue? Mr:: Spiess stated it wasn't the issue, it isn't today it is the bar; .' . .. _.. .„ .,_
.,.. . . . . ..,_.�.;�e.,:� �. '.;- -� ' �,� . � . .. .
-. . , ��t ,- > r: :r-. , . . �.. � . . � �� . � , . , . .. , . . ,..-„ , ; .. - . �
Ms. Bogen stated:she 4s:gqing'to;re-ask some of her previous questions because-she thinks it'mighthelp ,, ;-. �>�_� :,
Frior to bn�ing the building:you did go to the District Council? Mr. Spiess regfied nb.: N�,s. Sogeri sta#ed:. ;,..
that is what he totcl her. ,Ms.:Spiess stated .what he did was #"illed out paperwork tfiat weri��o tTie:Ci4}� that:� r;;:<:: �.:.� :
said what am I gbing tu do aboutit?. Ms. Bogen stated you said you were awaze of the parking varaauces :: •=: :'
• that.weLesequir�d on� the buildiag? Mr. Spiess replied yes, he was aware of thaYr Ms; Bogeg �oatinued �'.::
and when she asked him earlier whether he had spoken with District 5 or spoken to anyone abon� the :='_ � :.
parldng:you said you had. IVIr..Spiess replied yes he did a yeaz later: He does appreciate her saying it
has b�en,heaven for the last two years because he has owned it for the last two years.
- • I3eariug nafurther test¢nony; Ms. Maddox closed the public portion of the meel�ng: '== -
Ms. Linden moded.tn deny the vaziance and resolution based on findings 1, 2, 4, & b. �
(�� :
AA-ADA-EEO Employer
10-398
File #10-017821
Minutes February 22, 2010
Page Seven
��� ��`.
Y "vz�' � L
_lC-�i��
Ms. Maddox instructed the Boazd if they vote to deny the variance after fhe discussion, you will have to
state your reasons for denial 1-6.
Mr. Hazdcvick asked the Boazd members that are making these motions rather than just quote numbers to
give an explanarion saying 3t does not meet finding number one because of such and such. Otherwise he
has no direcfion for preparing a resolufion. Mr. Warnef stated you will fiave to state your reasons. It
would be easiest for the maker of the motion to state their reasons now and we will go throu;h each one
° so tliat staff can write the appropriate resolution for approval at the next meeting.
' Ms. Linden stated finding one it can be' put to a reasonable use, if yon fiad a restaurant where someone is
" gaing to'go to eat for an hour and a half that is a whole differeuf #fiing from somebn'e who is going to go
'�-' � ttiere for si� hours: Plus you also have the people who' are living upstaus' and pou have employees wfio
; � " r �`' , : "are'tisiug�paikiiig and'there is no parkiiig'availabTe: :�-, , -`;` , . -• = , . ;�:•, :.:r � . , ,.
..�.,. , .... ...'n�r'- _ . , ,. -.. , ' ' -. ' `' _ ... . . '.,'S'�, `:dl�`: .. .. ,.. . "' ' � " . .' .- . . -
� • Mi: Warner 'stated the test is aot whetlier there aie ottier reasroriable uses; flie tesf is'tliis reasonatile as _ -
� ° proposed? Ou its face it woutd lie"rea§obable because it is pertnitted 'ut a TN2 disirict."So tti� strict '`""'" ""'-
'` pr"evvslon'ofthe code ui play heie is tTie �3rkiag "` I�he �darstaniis'iier ariaFy'sis the prbperry can lie puf' '"' '�
';' '•• fo'a reason2tile Use li'ecatise af whaf'� �referenc�°to`' C#le paiking: 'IvIs'. Bog`ea stated'EC�attfie pTOpeity can' '' '
� - "' `be put"to�a tea'sonable us'e'if ttie ownet is alil,e to pioyid'e tTi� 24 par&ing spaces wittiin'the tequffed"306 "
,,, ,,, ,,,,;,,; ; ;'.�Peet for' ail th'e' needed patking'Spaces: ,, ,•, . :.:,,:,..,;, ;,,:-;�°r;.< : --r;.;:,:.. .�, ... ; ..: : ; .
'' Ms. Linden'stated fhat tfie'circumstances are unique fo tlie pioperty and nof'creat@d b3� the Iand owner,
"`' fioweder, 'p'riar'to prircfiasmg; his due`diligence'wouTd 3iavA e iained'th'a't'.' 141r: Wamer`staEe$ in ' ''"'
i �:., 1 .
- {=" Tvimuesofa tliat is' no�th� sfa�dar`cT: - A mist�k� doe5 ndt n€��ssar�lq��vor��agamst3%on:' �Is Bog""en stated `
�'�� s&e does noE'.kriow tliat'it w2s 'a �ustake, accordmg`fo�t�e testiumony h� ga`v`e eaclier an�the i�`stfmoay of' F-'
'" �•,':;" =� ftie �7is�ci�t'Caun�il; prior- to �Sirrc�asiifg Lhe buldrng he was��v�rC of the reqnue�ient fo �ave' 2�F pazking `°" "�`
� spaces-and puzchased the bu�7ding first witho�at fir'sf trymg t� olitain a variance; or nzakmg the purefiase' ' '�
- ' contingent on his obtaining the required off street parlfing 'spaees. Tvir: Wamer cotiiuiented ffiat works.
-- � :' Ms. Linden stated that the shazed garking agreemenf tfiaf ttie applicant is 5udieating �s quite' a ways away .
-- '' from the properry and will not piovide t}ie'piop�r'pazki�ig'necessary to compl'y: Ms: Bog'en stated die -
� pi variance does altez the"essential character'bfthe aYea because 8f the increase of fhe inter'est in "' `
`` - '` paazking' in tlie n8ighborhood. Mr. Wainer sta"ted tbat'tfie BparTciug spaces prop'osed by staffwould be `
-' insuffieient to the needs for the 24: Finally finding num6er 6 ivas offeied. Ms. - Linderi stated it is going •
-- ta 3ncrease the income potentiat of the parcel liy pntring iir a restaurant/tiai at the adverse expense of the �
neighbors. ,
Mr. Courtney stated that fhis variance is very similaz to the variance we had on West 7` Street and we
- sliould be treating Wesf 7`� Stree� anfl Arcade'SEreet the same. ° If tiie bar is a"nuisance the City wiIl close`
' it up that'is what they do that aIl the time. I£ tYiere aze pai�king'problems in the area then tliey can have "
` " permit pazking just like they do at some pkaces ancY�they won't p"ark there: " We should b� basically be '
giving tfiem a variance for 12. Because the neighbois dit noTl�e a bar, he is no't un-sy�pafric to that liuE �
� �
HA-ADA-EEO EmpIoyer
t -.A 1Q-398
���,� -
=1 C� - _II_ _��
File #10-017821
Minutes Febmary 22, 2010
Page Eight
this is not the venue to compYain about the use as a baz. Tt is at the Ciry but some place else, this is about
parking and he will be voting against the mo�on to deny.
Ms. Bogen stated that she will be voting for the denial and she thinks that there is a big difference
between the location on West 7`" Street of Shamrock's and this particuiaz baz. Shamrock's is not
located as close to residenrial properties and this bar is adjacent to the residenfial fiousing so she thinks
that there is a bigger impact with this baz on Arcade with all the residentiat needs around it than there are
on West 7`� and there are not as many homes and they are not as close to the bar. Mr. Courtney repYied �
it is and we only have a church next to Shamrock's.
Mr. Wazd stated he is goiiig witli'tliz 'same spirit as Mr: Courhiey, and the only issue is whether"tfieie i"s' "' � �
enough pazking and not ivhe`tfiei it is a bar or giocery sYOre. or what ever. It is zoned TN2' and a1T these�' `' °-" -�°
aieas'suffer froin'lack of par&in'g due `to�cenr zoniagchange"s:'' "Fhat is all we sfiould' be dealitig tvitfi`dQ= ''.'"'`
' they h$ve eaougl� park'irig; can tfi�y gef'erid'u'gh patking�'tlieg"5aid tliey fiave an agreemenffor''five he`'' `�-'° ='" '` �
" '' says ive shbuTd' allaw the'm'to tiy 'to get trie addi'tional p�kuig tha[ tliey need to get this to tivork "`°- �:'°: �-' `
'' ''R'egardless'of Evhether"we approve fhis or we doa't'approv� this we aze going to be"righi back Heie:,: -_
" agam do�1g `tfie same thmg for that busme'ss wliick rloes'�Qt liave pat�king either. FIe'does;naC 'su�j�or� `` '_ '�''
.. , . ,.
, . . ,. this•demal; v:;.a.. , ^ . .. : �. , .. _ .._ �- ., , . ,
` Ivis.`Mor€o"n'stated"she`is aery'famifiar a%itli fhis neighbo'rhood'and parking here i's vEi� iritens'e.� �She'.'""''�� ":""±
` thinks'w#iat Nfs. IvlcMiuray sait� the parking"for a bar is much more intensive thau trie parking fo`r_ �' '�-°: �''
something like. a restaurant selling'faod 'only or. jusYwine'�nd.beer nbt like a bai`. She°can's�ee tti� "" "� �
soineflvng is`gomg fa go tfiere we are not sayingfhat; its fhat tlie azea i§ just so o6ercrowrted already "
'Magnalla is`a btisy afr�et anrl�tbe�cazs ar� par�ng'an 6a[h Sides�o£the'street and sFFe7i�st tlunk`'s:that to - �=°�sr-
' - �"`allaivabai'foHztheie.wifirfihattcind`of�ritensive'pai�ing'}'iurtstlieneighlsorhdoii�a�:greatdeaT°`.3t�Ir '
�" Warner quest�oned whethe� sfie'weri'add"uig thaY as�an=added reason to 4`F` Ivls°ll�farib�t '`
:. ... , �, .
,, ..
_. ,
� `reptied 'yes.�",. . , �., .<_�. _,. .- _. _ ... � � � . . � . � � . , . . � ,
Ivls. Morton seconded the mo�ion; v✓hich gassed on a roll call vote of 5-2(Courtney, VJard), Boazd '°
members vdting to deny'the applicatioa based on findings: Bogen-2 & 4; Wilson-2; 4& 6; M_oiton �' :°'';::�: ;;'. ::': .,
1,2,�; &�6; Lineten-T,�;4; & 6�, �Maddoz=2 &4: � . � � ;�•�,.: .: �; . .,,
Approved by: � -
Glo ogen, Secretary f
'J �
AA-ADA-EEO Employer