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10-433Council File # 10-433 Green Sheet # / Q rJ � C�� Presented by 1 WF�EREAS, Chazles Brost, purs to I,eg. 2 Commission in PED Zoning File No. 11 ► R.-rI�Y� (� 62.109(c), made application to the Planning in order to change a nonconfomung use from an auto 3 repair to outdoor auto sales with accessory auto repair, for property commonly known as 1200 7th St W, 4(PIN No. ll2823420200) and legally described as REARRANGEMENT OF BLOCK 12 CLARKES 5 ADDITION TO ST. PAUL SUB7 TO ST LOTS 9 1 O AND LOT 11 BLK 12; and 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, on 3anuary 28, 2010, the Planning Commission's Zoning Committee, pursuant to the Leg. Code § 61.303, duly conducted a public hearing on the said application where all persons present were given an oppomuuty to be heard and, at the close of the hearing and based upon a11 the files, reports, testimony and a staff recommendation dated January 20, 2010, moved to recommend approval of the said application; and WHEREAS, on Februazy 5, 2010, the Paul Planning Commission took up the matter of the said application and based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, moved to deny the said application based upon the following findings of fact as set fort I Planning Commission Resolution No. 10-14 dated February S, 2010: 1. The property is zoned B2 Community Business. The applicant, Chazles Brost, proposes to change the existing nonconforming use of the site to used car sales with accessory minor auto repair. The applicant proposes to have several vehicles for sale on the lot and to conduct cleaning and small repairs in the on-site service bays. The applicant stated that he intends to have one employee. 2. Section 62.109(c) states: The planning commission may allow a nonconforming use to change to a use penrcitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the distpict in which the nonconforming use is first allowed, if the commission makes the following findings. a. The proposed use is equally appropriate or more appropriate to the neighborhood than the existing nonconforming use. This finding is not met. There is no established or existing non-conforming use on this lot. While a permit for re-establishment of a non-conforming use for auto repair was approved by the Planning Commission on December 5, 2008, the permitted use has not been established to date: there have been no business operations and two of the conditions for the permit (the required ten-foot landscaped buffer with screen planting along the property line adjoining property used or zoned for residential purposes and the required paving, striping, and landscaping of the parking lot have never been met). Because the non-conforming use was never re-established, it cannot be changed. b. The traffic generated by the proposed use is similar to that generated by the existing nonconforming use. This finding is not met. There would be more visitor traffic for the outdoor auto sales than would be generated by the auto repair. 10-433 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 c. The use wi11 not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. This finding is not met. The zoning code requires a minimum lot area of fifteen thousand (15,000) squaze feet for auto sales and rental. This lot is just eight thousand six hundred and thirteen (8,613) squaze feet. Because the lot is significantly undersized for auto sales, the proposed use may be detrimental to the existing chazacter of the neighborhood and the public health, safety, or general welfare. d. The use is consistent with the comprehensive plan. This finding is not met. The District 9 Plan Summary includes as a Land Use Strategy that "existing land uses should remain essentially the same..." The proposed non-confornung use for auto sales is not essentially the same type of land use as the previous one for auto repair. Moreover, it was the decision of the City Council and resulting District Court litigation in 1989 that a request to rezone to B3 business to accommodate auto sales be denied because the more intensive, auto-oriented use would be inconsistent with the City's zoning plan. To permit this change in non- conforming use would be contrary to the past decision of the City Council to deny rezoning for the same use. WHEREAS, on February 16, 2010, pursuant to Leg. Code § 61.702 (a), Charles Brost, duly filed an appeal (PED Zoning File No.10-107-565) from the determination made by the Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; 64 and 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 WHEREAS, on March 3, 2010, pursuant to Leg. Code § 61.702(b), a public hearing was conducted by the City Council where testimony from any party wanting to be heard was taken and the public hearing was then further continued to Apri17, 2010 to insure that all person interested were afforded an opportunity to be heard; and WHEREAS, on Apri17, 2010 the public hearing regarding Mr. BrosYs appeal was again taken up by the City Council, testimony was taken and the public hearing was closed. The Council then discussed the matter of the appeal and, having considered the application, the report of staff, the recard, the recommendation of the Zoning Committee and the Commission's resolution, the Council; does hereby RESOLVE, that the Council of the City of Saint Paul pursuant to Leg. Code §61.704 does hereby affirm the decision of the Planning Commission in this matter finding that the Mr. Brost has failed to demonstrate error in the facts, findings or procedures of the Planning Commission in this matter and the Council therefore upholds and adopts the findings of the Commission, as set forth in Planning Commission Resolution No. Resolurion No. 10-14, as its own in this matter; and [Lines 81 — 88 left blank intentionally] 10-433 89 FURTHER RESOLVED, that the appeal of Charles Brost is hereby denied; and be it 90 91 FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Charles Brost, the 92 Zoning Administrator and the Planning Commission immediately upon its approval. Requested b, Department of: i I / By' �� A� ved the Office o inancial Services By: Approved by ity Attorney BY� �l✓��.--�- 4 =/Y-6o Approv Mayor for Sub ssion to Council By: / (S�� 9" i�`��.. t{ /�/ Adoprion Certified by Cou eil Secretary BY� .—�L.(� �.CSd�J Approvr�d . Date � �o j v _ BY� ti Y/L , � 10-433 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ! CA - City Attomey 14 APR 2010 Green Sheet NO: 3106876 ' ConqM Person & Phone: ; Peter Wamer 266-$710 �� Must Be on Council Agenda by (Date): ; 28-APR-10 C � `�Y�AC 'Y�'�� � i Doa Type: RESOLUTION E-Dowment Required: Document Contact: Julie Kraus ConfaM Phone: 266-8776 N Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) o 'c,�arco�ev 1 'CiNAttomeY ' DePartmc¢tUirectqr �� 2 ;CityAttomeY :i CityAttomev �rt" 7 ' ' ��' �� 5 'Citv Clerk Ctilv Clerk ' ��, Action Requested: Memorializing City Council's April 7, 2010 motion to aFfirm the decision of the Planning Commission and adopt the findings as its own in this matter to deny the appeal of Chazles Brost to change a nonconforming use from an auto repair to outdoor auto sales with accessory auto repair for the property cotnmonly lmown as 1200-7th Street West in Saint Paul. Recommentlations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: t. Has lhis pereonlfirtn ever worked under a contract for this department? Yes No 2. Has this persoNfirm 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 al! yes answers on separate sheet and attach to green sheet. Initiating Probiem, 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 tl�e form of a resolution or an ordinance dependent upon the nahue of the matter before it. The decision of the Council in this matter required a written resolution in order to comply with the Charter. Approving the resolution fulfills the Council's dury under the Charter. Advantages If Appfoved: Disadvantages If Approved: Disativantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Esplain) CostlRevenue Budgeted: Activity Number: April 14, 2010 1:06 PM Page 1 DEPARTMENT OF PLANNiNG & ECONOMiC DEVELOPMENT Ceclle Bedor, Direclor �ITY OF SA�]T PAUL Chrrstopher B. Coleman, Mayor March 1. 201 � Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 Wes! Four(h Streel SainrPaul, MN55102 10-�433 .,�; Telephone: 65l-266-6700 Facslmile: 651-228-3220 I would like to confirm that a public hearing before the City Council is scheduled to continue on Wednesday, April 7, 2010, fior the following zoning case. Zoning File Number: File Name: Address: 10-107-565 Charles Brost appeal 1200 7th St W, NE corner at Tuscarora Purpose; Appeal of Planning Commission decision denying a change of nonconforming use from auto repair to outdoor auto sales with accessory auto repair Previous Action: Zoning Committee Recommendation: Approval with conditions, 6- 1(Kramer) Planning Commission Recommendation: Denied, 14-3 (Alton, Johnson, Morton), I have confirmed this day with Councilmember Thune's o�ce. My understanding is that this public hearing request will appear on the Council agenda on or before the March 31, 2010, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6551 if you have any questions. Sincerely, mil Goo y a City Planner ec: File #: 10-107-565 Applicant/Appellant: Charles Brost Pau1 Dubruiel Wendy Lane Samantha Langer Ailan Torstenson NOTICE OF PUBLIC HF.ARING The Saint Paul CYty Council wlll conl duct a publlc heazing on Wednesday, April � 7, 2010 in the City Cquncil Cliaiubers, Third Floor, City HaIF-Court House, 15 West Kello�g Boulevard, to consider the a of Charles Brost to a decision of the la $ Commtssion denying a change of non-con£orming use from auto repair to outdoor auto sales with accessory auto re- pair at 1200 7th Street West (NE corner at Tuscuora). [ZF 10-107-5657 (Ward 2) IPubllc hearing continued from March 3� Mary �ackson . assleraz,c ciEy Co,a,al secretax}• Dated: Mazch 2, 2010 . - - - (Mazch 4) = S1: PAiII. LEGAL IEDG&R =�_ 222346B9 .. . - .. . AN AFFIRMATIVE ACTION EQUAI.OPPORTUNITY EMPLOYER DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecde Bedor, Dnecror CTTY OF SAINI' PAUL Chr�stopher B Caleman, Mayor February 16, 2010 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Slreet Samt Pau1, MA' S5(02 10-433 Q Telephone. 651-166-6700 Fa<s+ma(e 651-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, March 3, 2010, for the following zoning case. Zoning File Number: File Name: Address: 10-107-565 Charles Brost appeal 1200 7th St W, NE corner at Tuscarora Purpose: Appeal of Planning Commission decision denying a change of nonconforming use from auto repair to outdoor auto sales with accessory auto repair Previous Action: Zoning Committee Recommendation: approval with conditions, 6- 1(Kramer) - 0 Planning Commission Recommendation: denied, 14 - 3(Alton, Johnson, Morton) -0 I have confirmed this day with Counciimember Thune's office. My understanding is that this public hearing request wiil appear on the Counci{ agenda on or before the February 24, 2010, City Councii meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6551 if you have any questions. � Emily Goodm �y Planner cc: File #: 10-107-565 ApplicanUAppeilant: Charles Brost Paul Dubruiel Wendy Lane Samantha Langer Allan Torstenson AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER DEPARTMENT OF PLA1�T�[NG & lO-4y� ECONOMIC DEVELOPMENT � a..o..�.�. Cecrle Bedor, D�rector CITY OF SAII�IT PAUL Chr;stopder B. Coleman, Mayar �ebruary 18, 2010 Ms. Mary Erickson Cify Councii Research Offce Room 310 City Hali Saint Paul. Minnesota 55102 25 'Nes! Faurtn Stree! 7elephor.e 65l-266-E700 SmntP¢u1,:L7.V"5�702 Facs�m:ie 6i1-228-322G Re: Zoning Fiie #: 10-107-565 File Name: Charles Brost appeal Address: 1200 7�n St W, IVE corner at Tuscarora Purpose: Appeal of Planning Commission decision denying a change of nonconforming use from auto repair to outdoor auto sales wifh accessory auto repair Citv Council Hearinq: March 3 2010 5:30 p.m. Cit�r Council Chambers • Sfar`f F2ecommendafiion: Disfrict Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Decision: Approval wifh conditions District 9, denial Approval with conditions, vote: 6-1 (Kramer) 0 people spoke, 0 letters were received 0 people spoke, 2 letters were received Denied, vote: 14-3 (Alton, Johnson, Morton) Staff Assigned: Attachments: cc: Zoning Fife #: 10-107-565 Applicant: Charles Brost City Council Members District Council: 9 Donna Drummond Wendy Lane AIIan 7orstenson PeTer Warner Emily Goodman, 651-266-6551 Planning Commission resolution: 10 - 1a Planning Commission minu4es, February 5, 2010 Zoning Committee minutes, January 28, 2010 Deadline forAction Extension Letter Correspondence received Staff Report packet • �\��V EAY'��1W�`LC8'L'SKSYlPi�P'rLYl� � ' �:;�-<<"' x� t7eparlrrrent of Planning and Econor,i�c Gevelo�menf- � ,�`�� Zoning Sec'ior ' � ��� � i��JOG,yNal.��nr,ex. �'_ _�� 25 iNest Four?h 5ireet b �a. � a � �_�� Saint Pau/, P✓Ild 55f �2- i 63� ����� (SSfjZ68-6�SH � �;�m° � �,<:�����.?;,��� {�.ddress Cifij !,M e�� s���.�`E�' `-,='�.° �`�.�@ � +:°?� ��;i�P�3 : Application is hereby made for an appeal to fhz: D2ie of /. � 0 LOIIIiIQ FI(° I�dTf12 � � . � � - Adciress / Location I��� ��J � 7 _ ❑ �'?ans�ie�s� �ss,a�ar�a��i�a�, un�er provisi�a oi Chapter 61, Section 70'I, Paragraph c of the Zoning Code, oi a decisicr. made by the °tanning iadminisfraior or Zonir�g Administrator . .On � � � . _" ❑ �i?`� �s�u�„cil, und�r provision of Cha{�tar &1, Seciion 702, Paraaraph a o{ ehe Zoning Gode, � o? a c�ecision made by'�he Planning Commission �— � 20 �� Fiia(vumber: ��—'��` ��� »�����9� ��3;? :qr4��AR :' Explain why you fiee! there has 6een an ePror in any requirement, perm'tt, dec+sicn or re�usal m�de by an 2dministrative ofiicial, or an error in fiact, procedure or finding rnade by fhe Pianning _ Commission. " , A.�ac'r, additional sheets ifi necessary g �+�p�f[a�at'�Siga�afaare__� \ ..��j` K:cm�iine/pe�/forms/pcappforappeal Rew'sed 8/2'. Phon.�i�Sf ��� � � f l ��� 2�'��3. �� ��5�� � � l f �a�� � � l City t8��s�f . j � , .� _ ._____i'� ' � �� • • • 02/16/2610 14:46 6516990355 GRAND WHEELER 2 February 16, 2Q10 Department p£Planning & Econorsic Development Zaning Section 1400 City Ha11 Annex 25 West Fourth Street St. Paul, Minnesota 55102-1634 RE: Application fos Appeal T0: Departmezzt of Planning & Economic Devalopment ioP��� a� I believe thexe have been multible errors "in facP' made by the Planning Commission during their meeting on Fxidag, February 5�n, 2010. At the Zoniz�g Commirtee �eeting oa Thursday, January 28�' all the "findings listed under Section 62.t09(c) A through D �vere rtaet. However, at the Plaxaaiz� Commisszon Meeting the �zzdzngs were not anet, Therefore I strongly disgree w9th their resolution for denial. • There was mentzan of a lawsuit in District Court in 1989 regard'uxg tk�e propezty ducing the Zoning Committee meeting on January 28"�, 2�10. I vaas not given any information or time to explorc findings regarding tlae law suit pzioz to the PlazmicAg Commission meeting on February S�h� 2010. In fact, I received the information regarding the law suit after the Planning Commisssion meeting adjurned on February 5m, 2020. T`his petition to rezone the propez�ty to a B-3 twenty one years ago which resulted in a racial discrimination lawsuit, should have no bearing on a non-conforming use permit applied for at this time. a. The �lanning Cozzamission findings stated there was no establzshed oz� existing non-confarmyng nse for car repaiz' on this loT. On Aecember 5�, 2008 the Plannir�g Commisssiom ze-established a non-conformin� use for auto repazr on chis szte. According to PED that noa-conforming use For car repair is in efFect unti177ecember of 2010. I purck�ased the property in March o�09 & have beex� working on this ever since. I have secured tke nezghbors signatures, talked with Councilman Thuzze, talked with the District Gounczl, cleaned up the properry & hiz'ed a landscape arCkzitect wha has aiready drawn up the plans for a ten foot laz�dscaping buffes with screen planting along the propectyline � the required paving, stripzng & landscaping of the parkizzg 1ot. b. The Platzning Commission fl�dzr�gs state that more visitor h�"ic woutd be generated hy auto saies thazt by auto repair. I disagree because in this day & age wlten people are looking for a new or used Car ttxey go on-line & fmd the caz they wazxt or can afford & pz'oceed to the lot where the caz is located. I suggest theCe wi11 be less traff'xc generated by car sales than if I were to do major car repa'tr. 5ince T own 2 stations on Grand avenue any major repaizs will be done at one of the stations. The only auto repair done at tkus looation will be minzmal suck as changing the ozl or a tire & washing t�e cars. • c. The Plannzn$ ComzzGission findings state that because tbe lot is undersized �or auto sales, the proposed use may be de#zimental to the existing neiglxbozhood. 02116l2010 14:46 6516990355 GRAND_WHEELER Z PAGE 02 i d'asagree because so ]ong as the number of cxrs fox sale on site is limited, Fhe proposed use is equaliy or more appropriate to the neighboryood than the existing use. d. The Ylannitag Co� find'zrzgs state that the iase is zzot canszstant with the camprehsnsive plan or the District 9 Plan sumrnary. I disagtee. Tlze curaent adopYed Swzzmary & Genera,l Policy of rhe Comprehenszve Plan indicates that a high priority for St_ Paul is to ensure a welcoming and supportive environment in the City for new & existing businesses, t�dd'ztionally, the District 9 Plazz Suznznaty iztcindes as a Laud i3se Strategy that "existxzzg land uses shouid remain essenrialiy the same" and the proposed non-conforrxkizlg use is essentialiy the same type as the previous one. A subsequent L.and Use Strategy states that "Comznarcial should be encouraged along West SevenTla.." the proposed outdoor sales would be in accord with this strategy. Zn suzzunazy, all Z�'aDf to do with this site as sel] a]xmiYed number of used cars & to perfozm minimal auto repair service oniy on the cars I have for sale. Sincezely, Chazles Brast 1948 Crown Pt. Dr. Mendota Heights, MN. 551 I8 65i-402-14Ib • C� r1 � ,10-433 � ci�y of saint paul p4anning commissio� reso(ution fi(e number ,0-,4 - u a$� �ebruarv 5. 2010 WHEREAS, Mr. Charies Brost, File # 10-004-695, has applied for a change of nonconforming use from aufo repair to outdoor auto sales with accessory auto repair under the provisions of §62.109(c) of the Sainf Pauf Legislative Code, on property Iocated at 1200 7th St W, Parcel Identification Number (PIN) 112823420200, legally described as REARR,4NGEMENT OF BLOCK 12 CLARKES ADDITION TO ST. PAUL SUBJ TO ST LOTS 9 1 O AND LOT 11 BLK T2; and WHEREAS, the Zonirig Committee of the Planning Commission, on January 28, 2010, held a public hearing at which' ail persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §61.303 of the Saint Paul Legislafive Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The property is zoned B2 Community Business. The appficant, Charles Brost; proposes to change the existing nonconforming use of the site to used car sales with accessory minor auto repair. The applicant proposes to have severai vehicles for sale oh the lot and to conduct cleaning and smafl repairs in fhe on-site service bays. The applicant stated that he intends to have one employee, 2. Section 62.109(c) states: The planning commission may aUow a nonconforming use to change to a use permitted in the district in which the nonconfoRning use is first allowed, or a use permitted in a district • that is more restrictive than fhe district in which the nonconforming use is frrst allowed, if the �commission makes fhe fol/owing findings: . a. The proposed use is equafly appropriate or more appropriate to the neighborhood fhan the existing nonconforming use. This finding is not met There is no established or existing non-conforming use on this lot. While a permit for re-establishment of a non-conforming use for auto repair was approved by the Planning Commission on December 5, 2008, the �ermitted use has not been established to date: there have been no business operations and two of the cohditions for the permit (the required ten-foofi landscaped buffer with screen pfanting along the property line adjoining property used or zoned for residential purposes and the required paving, striping, and landscaping of the parking lot have never been met). Because the non-conforming use was never re-established, it cannot be changed. b. The fra�c generated by fhe proposed use is simi/ar to' that generated by the existing nonconforming use. This finding is not met. There would be more visitor traffic for the outdoor auto sales than would be generated by the auto repair. c. The use wil! not be detrimenfa! ta fhe existing characfer of development in the immediafe neighborhood orendanger the public health, safefy, orgeneral welfare. This finding is not met. The zoning code requires a minimum lot area of fifteen thousand (15,000) square feet for auto sales and rental. This lot is just eight thousand six hundred and thirteen (8;613) square feet. Because the lof is sign�cantfy undersized for auto sales, the proposed use may be detrimental to the existing character of the neighborhood and the public health, safety, or general welfare. mdVeU b�/ Kramer . seconded by � in favor against 3 (Alton. Johnsnn, Morton) ZF #10-004-695 _ Planning Commission Resolu6on Page 2 of 2, . d. The use is consisfent with fhe comprehensive plan. This finding is not met. "fhe Disfrict 9 Plan Summary inciudes as a Land Use Strategythat"e�asting land uses should.remain essentiallyt'�e ' same..:' The proposed non-conforming use for auto sales is not essentiaity the same type of land _ use as tne previous one for auto repair. Moreover, it was the dec+sion oF the City Council and resulfing Disfricf Court litigation in 1989 that a request to rezone to B3 business to accommodate auto sales be denied because fhe rimore i�fensive, aufo-oriented use would be incottsistenf with thz Cit�s zoning plan. To permit this change in non-conforming use woufd.be contrary to the past decision of the_ City Council to deny rezoning for fhe same use. ,_ NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, undeF the authorify of fhe City's Legislative Code, that fhe appiicafion of Mr Charles Brost for a change of nonconforming use to oufdoor aufo sales wifh accessory auto repair at 1200 7th St W is hereby denied. � � . r 1��'--{�� � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Minutes Rebruary 5,2�10 10-433 A meeting of the Planning Commission of the City of Saint Pau1 was held Friday, February 5, 2010 at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Morton, Porter, Smitten, Thao, Wencl; and _ Present: Messrs. Alton, Commers, Goodlow, Gordon, Johnson, Kramer, Margulies, Nelson, Spaulding, Wud, and Wickiser. In addition, new commissioners Connolly, Fernandez, Gelgelu, Halverson, Menigan and Young, who were sworn in during the meeting, were present. Commissioners Mr. *Schertler Absent: *Excused ' Also Present: Donna Drummond, Planning Airector; Dennis Rosemark, City Councilmember • Harris' Office; Patricia 7ames, Penelope Simison, Merritt Clapp-Smith, Luis Pereira, Joe Musolf, Kate Reilly, Tosh Williams, Anton Jerve, Sarah Zorn, Emily Goodman, and Sonja Butler, Departinent of Planning and Economic Developmenf staff: I. Approval of minutes January 22, 2010. MOTXON: Commissioner Faricy moved approval of the minutes ofTanuary 22, Z010. Commissioner Wencl secanded the motion. The motion carried unanimously on a vaice vate. II. Chair's Announcements Chair ponnelly-Cohen had no announcements. III. Planning Director's Announcements Donna Drummond announced that the orientafion for the new commissioners will occur after the regular Planning Commission meeting today, and she invited any current commissioner who would like to attend to stay., Ms. Drummond said the orientation will include basic Plauuing Commission procedures, the organization of PED, the curzent work program and an ovezview of zoning. Ms. Drummond also distributed a memo regarding zoning procedures from Peter Warner, Assistant City Attomey, who was not able to attend today's orientation session. Mr. Wamer had • suggested that it be passed out to all the commission members as a refresher aud for their informarion. #1 D-005-258 Tou Yau¢—Re-establishment of nonconforming use as a duplex. 1224 i�ennard • Sizeet, between Orange and Maryland. (Sarrrh Zorn, b51/266-b570) 1VIOTION: Cammissioner Mortnn moved tlze Zoning Commzi#ee's recommendatdon to apprnve the re- establishme�zf of Zegal noncnn. farnzing use status. The mniwn crrrried unanimousZy on a voice vote. #10-005-510 Tnsi2 Hwang—Re-estab&shment ofnonconforming vse as a duplex 1204 Pacific Street, SW comer at Griffith. (Sarah Zom, 651/Z66-6570) MOTIOIV: ComrnissionerMortnn moved fhe Znning Committee's recmnnrendakon to,approve the re- establishment of Zega1 nonconfarming use status. T7xe motiax carried unanimnusly on a voice vote #09-425-394 Krin¢le Nelson Holdings — Change of nonconforming use from mixed residentiaUcommercial (1 commercial unit and 4 residential units) to 5 residential units. 1041 Osceola Avenue, NW comer at Oa�f'ord (Sarah Zorn, 651/266-6570) MOTION: Canrmissioner Mortnn maved the Zoning Commiitee's recommendation to approve the change ofnancanforr�sing use staius subject tn addiizosal conditians. The motion carried unarzimously on a voice vote. � �#I 0-004-695 Chades Brost— Change ofnonconforming use to add outdoor auto sales to exis�ing . nonconforming auto repair business. 1200 7,`� Street West, NE comer at Tuscazora. (Emily Goodman, 65l/266-6551) MO'ITON Commissioner Morton moved ihe Zoning Committee's recnmmendation to approve the change ofnonconforming use status subject to additional conditions. Commissioner Wickiser stated that if this application is approved; all of the additional conditions for the auto repair and caz sales uses must be met. Commissioner Kramer explained his opposition to this application was due to the circumstances by which the nonconforming use is being established. After the previous nonconforming use of auto repair e�cpired, the Pianning Commission approved re-establishing the same auto repair use; however that use was ttever r�established: An auto repair license has beett issued, but no auto repair ever took place on the site. A previous City Council decision on a petition to rezone the lot froin B2 to B3 a number of yeazs ago for an auto sales use on the lot was denied. For tfie meeting today, staff has provided additional information on the rezoning denial. The City Council denied the auto sales use, and a court upheId that de�ision. Approving this application would be using the nonconforming use process to achieve a backdoor rezoning. Therefore he is not supporting the Zoning Committee's motion. At the request of Commissioner Morton, Chair ponnelly-Cohen called for a roll call vote. ROIS. CAT1L VOTE: The motiort.to approve tke noncnnforming use failed on a rolT call vate of IO-8 (AZtnn, Comnrers, Faricy, Goodlow, Gordon, Jnhnson, Margulies, Morton). Commissioner Kramer moved to deny the nonconforming use based on findings that the proposed � 4 10-433 n U use is not equally appropriate or more appropriate to the neighborhood than the auto repair use because ihere is no established or existing non-conforming use on this lot; the haff c generated by the auto sales use wouid be greater than that generated by auto repair; the lot azea is significanfly undersized for auto sales, so the proposed use may be detrimental to the existing character of the neighborhood; and the use is inconsistent with the District 9 Plan Summary. Commissioner Wazd seconded the moiion. Chair ponnelly-Cohen called for a roll call vote, and reminded Commissioners voting for the motion to state their reasons, which could be the reasons provided by the maker of the motion. ROLL CALL VOTE: The motion to deny tlze nonconforming use carried on a roll call vote of I4-3 (AZton, Tohnson, Marton). #10-003-232 New HarmonXAssisted Livin� — Rezoning from R4 One-Family Residential to RM2 Mulfiple Fatnily Residential. 118 & 130 Rose Avenue East, 123 & 135 Geranium Avenue East. (Penelope Simison, 651/266-6554) Commissioner Nelson said he assumes all lots would be ried into a single parcel. He also asked that, if variances permitting construction of surface pazking were denied but the parcel nezct to the skilled nursing faciliTy was rezoned to RM2, was it the applicanYs intention to demolisk the single family housing? Penelope Simison, PED stafF, said the applicant has not made a decision regarding demolition of the single family house. Pat�icia James, PED staff, added that if the • applicant redesigned the surface parking so that variances were not required, they would be able to demolish the house. She added that her recollection from the committee testimony was that because of the grade change on the property between Rose and Geranium, the surface pazking was intended for visitors to the skilled nursing facility. Commissioner Nelson said he did not tYunk the surface parking could be designed to provide a required setback of 12.5 feet along the western property line. Ms. Simison said the site plan showed all of the required set backs for the surface parking but, during the site plan review process, the setback along the western properry line was reduced to accommodate additional landscaping for a buffer adjacent to the single family house in the R4 district. Commissioner Nelson also asked about the link beiween the skilled nursing facility and the assisted living facility, and whether vaziances were needed to allow it to be developed. Ms. Sunison stated that, if the commission recommends rezoning to RM2 and the council adopts it, the entire pzoperty would be RM2 and variances would not be needed. , MOTION: Commissioner Mortorc moved the Zoning Committee's recommendation to approve the reZOning. The motian carried unanimousZy on a voice vote. # 10-003-240 New Harmony Assisted Liyin� (2) — Conditional use permit for assisted living facility, with vaziances of number of units permitted and parking lot/driveway location. 118 & 130 Rose Avenue East, 123 & 135 Geranium Avenue East, (Penelope Simison, 65I/266-6554) MOTION: CommissionerMorton moved t&e Zoning Committee's recommendafion to approve . tlae conditionat use permit subject to additional conditions and deny the variances. The motion carried unanimaus[y an a voice vote. � x. � Task Force Reports Commissioner Smitten announced that the Smith Avenue Revitatization Task Force will be having their first meeting on Tuesday evening, February 9`� to start the Smit1 Avenue planning work. Commissioner Thao announced that the Westem, Hamline, and Victoria Steering Committee was very pleased to heaz the news that these three stations ate going to be built with the iniiial LRT consirnction. They want to thank the Planning Commission for convening the steering commiftee and look forward to moving ahead. - Commissioner Kramer serves on the 3M Desi� Advisory Group, but he has not been able to attend the meetings so he asked if someone is interested in serving on that committee to talk to him, Chair ponnelly-Cohen, or Luis Pereira who is the city's staff representative. Old Business None. XII. New Business None. X1II. Adjonrnment Meeting adjoumed at 10:50 a.m. Recorded and prepared by Sonja Bufler, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfully submitted, ��,�ri� �..�. ) un�..l '.�� �• � . Butterlpla¢¢ing comaussion�Febr¢ary 5, 2010 � Approved (Date) MariIyn Porter Secretary of the Planning Commission • • 10-433 • MiIVUTES OF THE ZONING COMMITTEE Thursday, January 28, 2010 - 3:30 p.m. City Council Cham6ers, 3rd Floor Cifiy Ha(1 and Court House 15 West Kellogg Boulevard PRESENT: Donneliy-Cohen, Goodlow, Gordon, Johnson, Kramer, MarguGes and Morton EXCUSED: Commers STAFF: Emily Goodman, Samantha Langer, Patricia James, and Peter Warner The meeting was chaired by Commissioner Morton. Charles Brost - 10-U04-695 - Change of nonconforming use from auto repair to outdoor auto sales with accessory auto repair, 1200 7th St W, NE corner at Tuscarora Emily Goodman presented the staff report with a recommendation of approval with conditions for the change in nonconforming use to add outdoor auto sales to an exisfing nonconforming auto repair business. Emily Goodman also stated district 9 recommendsd denial, and there were 0 letters in support, and 2 letters in opposition. At the inquiry of the Commissioners, Ms. Goodman explained that because this is a change to a � no�conforming use the outdoor auto sales will be added to the existing auto repair use. Ms. Goodman aiso stated that it is the intent that condition two will apply to the entire auto business. The existing nonconforming use permit for auto repairs conditions will aiso be applied to the proposed non conforming use, totaling ten conditions for the entire business. Patricia James confirmed that this permit for auto sales and auto repair would replace the nonconforming use permit from a few years ago. At further inquiry of the Commissioners, Ms. Goodman stated that although she had not spoken with the applica�t regarding the constriction on auto reQair, the language of condition two was taken directly from the applicant's narrative on their application. Ms. Goodman stated that she clid not have the informafion on the City's decision to deny a rezoning for auto sales in 1989 because the file was missing. Ms. Goodman is currently waiting to hear from the City Attorney's office and will have more information at the Planning Commission meeting regarding the rezoning. Charles Brost, the applicant, added that in June he had approval from West 5eventh Federation and it was Iisted in their newspaper. Mr. Brost stated he is not looking to do full auto repair at this location. He has two stations located on-Grand Avenue and he would use for fuil auto repair. He exp{ained he was told he needed to get an auto repair license to clean cars and small appearance repairs. He also stated he was able to get nine out of fourteen, signatures on the petitian. Upon questions of the Commissioners, Mr. Brost stated fhat currently the property isn't being . used for auto repair and has been vacant for three years. He added that he has been using it as storage. He confirmed that it's his intent to use it as auto sales and v�ould be a good match with his existing businesses. Zoning Committee Minutes January 28, 20'f 0 ZF# 90-0D4-695 Page 2 of 2 Plo one spoke in support or opposition. �he public hearing was closed After discussion pertaining to the fact that the existing conforming use hasn't been used for a year, Commissioner 5tephen Gordon moved approval with conditions of ft�e cfiange in nonconforming use to add outdoor auto sales to an existing nonconforming auto repair business. Commissioner Michael Margulies seconded fhe motion. Commissioner Kramer stated he would like to see the City CounciPs reason for denial in of the rezoning in 1989. He also sfated that-condition number twa be revised fo state that the autos refer to the autos being sold on the site. Commissioner ponnelly-Cohen added that the previous eight conditions be listed in the resolution along wifh the two current conditions. • It was further agreed that staff from the City Attomey's office would work with staff from PED to refine the language of the resolution and permit. The motion passed by a vote of 6-1-0. Adopted Yeas - 6 . Nays - 1(Kramer) Drafted by: ���� Samantha Langer Recording Secretary Abstained - 0 Approved by: � � - Richa d Kramer Chair . • DEPARTMENT DF P7�A13NING & ECONOMIC DEVSLOPMENT Cecil Bedor, Director 10-433 � CITY OF SAINT PAUL Christopher e. Cofeman, Nayor February 22, 2010 • • JJSC Properties LLC 1948 Crown Point Dr West St Paul MN 55118-4204 25 West Fourth Street Telephone' 651-266-67G0 Sainf Paul, MN 55102 Facsimile. 651-22&-3220 RE: Notice of Appeal of Zoning File # 10-004-695, Charles Brost Zoning File # 10-107-565, Charles Brost appeal Dear Mr. Brost, I am writing to notify you that the Zoning Section of the Department of Planning and Economic Development has received an application from you appealing the Planning Commission's decision to deny a change of nonconforming use from auto repair to outdoor auto sales with accessory auto repair on property located at 1200 7th St W. The Saint Paul City Council will conduct a public hearing on the appeal on March 3, 2010. Due to an error in publishing notice of the appeal, this hearing will need to be continued until April 7, 2010. Minnesota Statutes 15.99 requires that all eity action on zoning applications be completed within 60 days of the date the application is made, but allows the City to extend this period for an additional 60 days (total of 120 days). In order to allow time for the City Council to comply with legal requirements for published notice while meeting deadlines established by state law, the City of Saint Paul is hereby extending the deadline for action from March 9, 2010 to May 8, 2010. Please contact me at 651-266-6551 or by e-mail at emily.goodman@ci.stpaul.mn.us if you have questions. Sincerely, ✓'�—� Emily Goo� an �� Planner cc. File #: 10-107-565 Zoning Administrator License Inspector District 9 AN AFFIRMATIVE ACTIOt3 EQUAL OPPORTUNITY EMPLOYER ��� � �- a��- ��S S#anley E. Willett 1111 Elway St. #302 St. Paul, MN 55116 January 20, 20'! D Zoning CommitEee City of Saint Paul Planning & Economic Development 1400 City Hall Annex 25 West Foarth Street Saint Paul, MN 55102 Dear Committee Members, � I am writing in opposition to the request for a change of nonconforming use to add outdoor auto sales with regard to File # 10-004-695 {Property address 1200 7�' Street W.). As a business and property owner af 1174 7"' Street W., I was told when entertaining purchase offers for my property thai my property was to small fo host an auto sales business. As the property at 1200 7�' Street W. is significantly smailer than mine, it would be inconsistent to consider allowing the requested change. Furthermore, when the applicant was petitioning support for the current nonconforming use he misrepresented to me that fhe District Council supported his effort. It is my understanding that the District Council and the City's • revitalization pfans for West Seventh Street do not envision used car sales businesses as an enhancement to these plans. Therefore, I would urge the Committee to reject this change of nonconforming use for File # 10-004695. Sincerely, �``" ` v Stan Willett u 10-433 � J City of 5t. Paul Sharon Lewandowski 14930 70"' St. So. Hastings, MN 55033-9140 Dept of Plamiing and Ec. Dev. 1400 City Hall 25 W 4th St. St. Paul, MN 55102 RE file 10-004-695 1200 7�n St. W Dear Madam, We received the notice regarding change to allow auto sales on the property next to our property, 1184- 1186 W 7�' St. � We, Nikolas, Antoni, and myself, Sharon, aze opposed to having an auto sales at 1200 7ih St. W. There is not sufficient parking for such an establishment. We opposed this intended use when they first petitioned far auto sales and we still oppose this intention-auto sales. This neighbarhood is struggling to establish thriving businesses, but an auto dealership with used cars is not a desirable neighbor. There is very little room on the lot, customers will undoubtedly park in front of our building as well as on the street in front of 1200 W 7�' causing problems with traffic flow and increase the noise level. The zoning does not allow for auto sales and the nonconforming use was denied once. I recommend Uie nonconforming use for auto sales be denied this time as well. � Respectfiii_1 , /' O`� � / � Lewandowski family • � 10-004695 NIKOLAS LEWANDOWSKI 14930 70TH ST S HAST{NGS MN 55033-9140 � 112823420199 10-433 ZONING COMhVi6TTEE STAFF REPOE2T • 1. FILE NAME: Charles Brost FILE # 10-004-695 2. APPLICANT: Charles Brost -- DBA JJSC LLC HEARING DATE: January 28, 2010 3. TYPE OF APPL1CATlON: Nonconforming Use Permit - Change 4. LOCATION: 1200 7th St W, NE corner at Tuscarora 5. PIN & LEGAL DESCRIPTION: 112823420200, REARR,4NGEMENT OF BLOCK 12 CLARKES ADDITION TO ST. PAUL SUBJ TO ST LOTS 9 1 O AND LOT 11 BLK 12 6. PLANNING DISTRICT: 7. ZONING CODE REFE{2ENCE: §82.109(c) PRESEtdT ZONiNG: B2 8. STAFF REPORT DATE: January 20, 2010 BY: Emily Goodman 9. DATE RECEIVED: January 6, 2010 60-DAY DEADLINE FOR ACTION: March 9, 2010 A. PURPOSE: Change of nonconforming use to add outdoor auto sales to exisfing non-conforming auto repair use. B. PARCEL SIZE: An irregularly-shaped 8613 sq. ft. parcei with approximately 138 feet of frontage on West 7 Street. C. EXISTING LAND USE: A-Auto Repair Station D. SURROUNDING LAP1D USE: North: Commercial (B2) • E. F East: Low density residential (RT2) South: Low and medium density residential (RT2 and RM2) West: Commercial (B2) ZONING CODE CITATION: §62.1�9(c) authorizes the planning commission to allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the district in which the nonconforming use is first allowed upon making certain findings (see Section H below). HISTORY/DISCUSSION: In 1920 a filling station was constructed on this site. In 1950 a permit to allow an accessory trailer rental business was granted, and in 1953 a permit to reconstruct the filling station was approved. tn 1989 the owner petitioned to rezone the lot from B2 to B3 in order to operate an auto sales lot on the site. The City denied the rezoning application. The lot operated as a legal non- conforming auto repair facility until 2007, when the certificate of occupancy was revoked because the building was vacant. In 2008, the Planning Commission approved the re-establishment of non- conforming use as an auto repair facility and attached eight conditions. The current applicant acquired the property in March of 2009 and re-established the auto repair use at that time. G. DISTRtCT COUNCIL RECOMMENDATION: Staff did not receive a formal recommendation from the District 9 Council at the time this staff report was drafted. H. FINDINGS: r 1 L_J 1. The property is zoned B2 Community Business. The applicant, Charles Srost, proposes to augment his existing nonconforming auto repair permit by adding used car sales on the site. The applicant proposes to have several vehicles for sale on the lot and to conduct cleaning and small repairs in the on-site service bays. The appficant has states that he intends to have one employee. 2. Section 62.109(c) states: The planning commission may allow a nonconforming use to change to a use permitted in the district in which the nonconforming use is first allowed, or a use permitted in a district that is more restrictive than the districf in which the nonconforming use is first allowed, if the commission makes the following findings: a. The proposed use is equai�y appropriate or more appropriate to the neighborhood than the existing nonconforming use. This finding is met. The proposed use and existing nonconforming use are comparable in many respects. Both the auto repair and the outdoor auto sales are both auto-oriented uses first permitted as conditional uses in the 63 General ZF #10-004-G95 Zoning Committee Staff Report Page 2 of 2 Business District. The differences between the uses will be minimal bacause the number oi automobiles for sale on site will be limited. The lot area is only 8613 square feet, and the applicant has submitted a site pian showing ten (10) parking spaces on site. The code requires 2 spaces per auto service stali, 1 space for 400 square feet of o�ce area for auio sales, and 1 s�ace per 2,000 square feet of outdoor sales. Sasec! on fhs site pian submittecr and these requirements, four (4) spaces should be set aside for parking. The applicanYs proposed use would also continue to meet the standards attached to the existing nonconforming use, including conducting repairs within an enclosed building and providing a landscaping buffer. In some respects, the proposed use of outdoor auto sales may be more appropriate to the neighborhood than the existing non-conforming use. The applicant may exercise more discretion on which cars remain on fhe lot for extended periods of time in auto sales (the applicant has indicated that such cars will be kept attractive and clean). Additionally, significant repairs will be redirected to other locations, so noise from on-site repairs will be correspondingly reduced. As long as the number of cars for sale on site is limited, the proposed use is equally or more appropriate to the neighborhood than the existing use. b. The traffic generated by the proposed use is similar to thaf generafed by the existing nonconforming use. This finding is met. The applicant has indicated that the traffic generated by the sale of used cars will be about the same or less than a starid-alone repair facility. The appiicant will oniy seii a limited number of cars on site and conduct oniy minor repairs in the enclosed service bays, while customers seeking significant repairs will be redirected to the applicanYs other garages at 1345 Grand Avenue and 1745 Grand Avenue. Minimizing the auto repair on-site will help to minimize the traffic impact on the surrounding neighborhood. c. The use will not be detrimenta! to the existing character of development in the immediate neighborhood or endange� the public health, safety, or genera! welfare. This finding is met. The applicant has sought out an architect who is familiar with the neighborhood plan to ensure thaf the proposed site plan for the auto sales facility will be in accord wifh the existing character of development in the immediate neighborhood and will otherwise not endanger the public health, safety, or general weifare. d. The use is consistent with fhe comprehensive plan. This finding is met. The current adopted Summary and General Policy of the Comprehensive Plan indicates that a high priority for Saint Paul is to ensure a welcoming and supportive environmental in the city for new and exrsting businesses. Approval of this change' in non-conforming'use would support the expansion of an existing business. Additionally, the District 9 Plan Summary inciudes as a Land Use Strategy that "existing land uses should remain essentially the same...," and the proposed non- conforming use is essentially the same type of land use as the previous one. A subsequent Land Use Strategy states that "Commercia� should be encouraged along West Seventh...;' the proposed outdoor auto sales would be in accord with this strategy. STAFF RECOMMENDATION: Based on the above findings, sfaff recommends approval of the Change ofi nonconforming use to add outdoor auto sales to existing nonconforming auto repair business with the following additional conditions in addition to the eighY conditions already in place for the auto repair use: 1. The number of cars for sale on site shali be no more than six (6); there shall be four (4) spaces set aside for parking. 2. The auto repair on-site shall be limited to minor repairs needed for a clean appeareance and display purposes. r � U • � LJ 10-433 $aINT ewu-ti � 'AA"AA N�NCO Dep¢rtme Zorzing S I40� City 25 West 1 Saint Pat (65I) 266 APPLICANT PROPERTY LOCATION Address / Location Legal Current Zoning (attach additional sheet if necessary) �PE OF PERMIT: Applicatian is hereby made for a Nonconfiorming Use Permit under provisions of Chapter 62, io Subsection i, Paragraph G of the Zoning Code. /v � i ' The permit is for: � Change from one nonconforming use to another (para. 3 in Zoning Code) ❑ Re-establishment of a nonconforming use vacant for more than one year (para. 5) ❑ Legal estabiishment of a nonconforming use in existence at least i0 year (para. 1) ❑ Enlargement of a nonconforming use (para. 4) SUPPORTING INFORMATION: Supply the information that is applicahle to your type of permit. CHANGE IN USE: Present / Past OR ) RE-ESTABLISHMENT: Proposed Use ( �e,L'Q 14(� ��l �$ Additional information for all applications (attach additionai sheets if necessaryj: C��i3F z � G �� �� Attachments as required: ❑ Site Plan � Consent Pe4ition ❑ Affidavit Applicant's Signature Date—,� City Agent � t— " �/� 01(07/2010 11:49 January 7th, 2010 6516°5E355 To The City of Sa�nt Pau1 Pianning Commission: GRAND WHEELER 2 PA6E 01 i wauld like to request a change of my noneonformirrg use perm+t oi a ve hicle rep2�r facility fvr my property loeated at �200 w- 7th St. St. Paul to incwde the saie of used vehicles. I currenUy own and dperat2 two other repair facilities in the City of Saint Paui 1ac�ted et 1345 Grand Ave and 1745 Grand Ave. These iwo facilit�es have been in opera6an and under my managemenf far approximate�y 21 yea�s. I beliEVe mY hist�ry as a reputable business own$r and a good neight,or in Saint Paul ��iil speak far itself in regards to �ncems of my new neighbors on W 7th St. and to fh� Saint Paul Planning Cammission. I havp takan many steps to insu� that #his proposaf is withaut surprise and have welcflmed the inPut of the neighborhood and �m+'R�nity. 1 have mei with the Wes� 7th St Federation several tirr�s, addressed th � for concems, and aRhough they norma�ly would not be in suppo� of a used car fo#, i now have their suppo the proposed use_ i have gone door to doar in the neighborhood introducing myself, informing them of this proposai and personally addressing any of their concems. i have the overwhel�rtmg suppott of the neighborhootl and many signatures showing the+r support di the proposal. I also have met with Mr. Dave Thune to get his thoughts and input on the proposal. He sugges#ed thet 1 usa an architect for the landscapmg that is familia� with existing character of devefopment of tne neighbarhood and referred me to Glendening Architectura{ Services, wham i hired to design the site pian. Mr: Thune also wouid nbt normaliy be in support of a used car lot, but being fhat the West 7fh Sk Federation voted and approved of the proposed use, along wim the list of signatures and my desire to work with the naighborhood and community development, he wouid not 4e opposed to the prnposal. The propnsed use is similar to the existing use and past use of the last 48 years. lt has been a gas station, �r��r,e garage, used �ar lot, or a comtinakion ot, since 1962. The proposed �r fot would have a more organized and neat appearance than }ust a repair facil+ty 4vith disabied vehicies waiting for repair or pick- up. The vehic{ss in this proposal wiit need to be attractive and c�ean for gond impresslons. I wiU also have cAn#rol of the condition and appea�ance of the vehicles for sale as appased to a customers vehic�e wa+ting for repaic The service bays wii3 be used pnmarily for cleaning, minor repairs and disp�ay- Any major work will be done at my two ather full service repair facilities. This means less noise fior the neighborhood and a neater, cleaner, appearance in the service bays, A weil kept used car lot has a much better averali appearance than a stand afone repair fadlity. "Craffic generated 8y the sale af used cars is anticipated to be about the same or less than a stand alo�e repair faciliry. Repair estimates are a large portion of custamer traffic. Service work will be referred to my two other repair garages on Grand Ave. meaning iess traffic at 120o W 7th. The smailer lot size of 10,OOD sq, ft. as apposed fo the 15,000 sq. ft. (at is acfuapy an 2dvantage of less traific in this instaace, making it more neighborhood friendly. My concem of existing character of development has been exhibited by seeking input from Mc �ave Thune and the hiring of an architect that is familiar wikh the neighborhootl plan. My sucaess in business has been chardcterized by fionesty, integrity and a conCem far the safety of peop�e. t pian t4 be a good neighbor and a part of this neighborho0d, notjust in it ThanK you your help and support. http://sz0025.ev.mazl.comcast.netlziztlbra/mail Sincetely, I/7lZO10 • � L J • Chuck $rost G�and Wheeler Er�terprises B51-4D2-1416 DEPARTMENT OF SAFEIY AN� INSPECtfONS BoG,Terst�, D'vettor CTTY OF SAIITT PAUL ChrutapherB Colemarz,Mayor 3l5✓adaonSn {Swre;.20 TetepMne� 65I46�9090 SmniPaut, Miru�.esom SStdl-1806 Fecsmeit_� 651-366-9Z24 Web: wwwerom.tew/dH 1 a�ee to the fo3!owing conditions being placed on fne following license(s): i;cer,se #: 20Q90003879 Tyue of Business: Auto Repa: Cruage Applied for by: C-rand Wheelu Ente.ynees T�o;ag Business As: Cttand Wheeler Ente�sises A!: �. 1200 7'" St W St Paul MN 55102 Conditions ate as follows: ' 1.A11 repair work slull be done withs an enclosed bmlding; � 2.There shall be no outside stozage; 3.10 - foot 2andscaped buffer with screen plaating and obscwing fence sLall be provided along the propaty Ime adjoi.,'*,g properly used or zoned for residential putposes; 4.The Dazkinglot shall 6e paved, sh and landscaped according to the standards and requicements in Chapter 63 of the Zoning Code, includiug the landscaping requirements in §63314 and replacing the existing chain Iink fence with screening as required 6y § 633I4; S.A si4, plan showing paviag, shipmg and landscaping the pazlang lot according to the staudazds and requsements m C6apter 63; and showing a ten-foot landscaped buffer along adjoming residentiat properiy, shall be sub�tted for appmval undez the provisions of § 61_402 of the Zon'no Code; - 6.7"ne ho� of operntion sFiall be limited to 8:00 a. m_ -6:00 p. m. Monday Uuou� Friday and 9:00 a.m. - 3:00 pm Saturday; . � , . 7.A13 vehicles associated with the busineas (including customa vehicles) sttall be pazked on the site, a¢d sktail not be pazked in a public street (including public alleys) 8.T'ne business ovmer/operator shall an'ange for the storage of al] veLicles unclasned by their owaers at an off-site, legal storsge facility or othetwise removed from the presuses in a legal maaner. 9.By 7uly 1, 2010, all site impiovement, includmg re-paving the lot, fencmg, landscaping, pazking lot stdpmg and driveway restoretion work must completed as shown on the approved s:te plan, dated ! 0/29/Q9. The licensee sLall present a landscaping plan to the zoning admmishator for apgroval, prior to installation. Contac[ Tom $each az 651-266-9086 revarding your landscaping appiovaLs. The licensee shall aLso obtain a permit from the Dept. of SafeTy and Inspections to pave the paz2ang lot and install Cencing. 10.The ciab-cut, on W 7th nearest the intecsection vnth Tuscarore, sball be removed and the boulevard and cisb restored to Ciry sta¢dazds. All work on curbs, drive�vays, and Sidewaiks m the public rightof-way must be done by a licensed and bonded contractor mmder a permit from Public Workc Sidewalk Section (651-266-6120). Sidewalk grades mUSt be cazried across the driveways. The Coatractor must contact Public Works Street Maintenance for auy s4eetrepaa/reconstructioa at (651-292-6600) with questions xegazding procedises and costs. �11.All custoln°r and employee velsscles must be pazked in the azea designated on a DSI approved site plan, dated 10/29/2009. A mazimum of (10) ten veLicles aze altowe3 to be puked on the property at aay one time. i2.The storage of vetricles for the putpose of salvaging parts is espressly £orbidden. All veLicles pazked outdoors must appear to be completely assembled with no major body pazts missing. Ve3ricle salvage is not permitted. 13.Vehicle sates, apto body repair and auto body spray paintmg is not pemritted by this license. 14.It shall be the responsx�Uility of the licensee to ensure that any velvcle not claimedby its owna is xemoved from the lot u pamitted by law. IS.MainYain maneuvering space on the property to allow velucles entermg and exiting The site to proceed foxwerd Bac'�g from fhe sheet oz oa to tlxe sheet is prolubited. � 16.Stornge of vehicle fluids, batteries, ete. Shall be in accordance with the Ramsey County Eiarncdous Waste regulations. The licensee shall obTain a"Hazardous Waste Genexator" License from Ramsey County. Licensee �st comply with all federal, state and Iccal laws. - � 17Refuse and discazded vehicle parLS sSalI be stored "m tfie dumpster, Iocated in tfie trasfi enctosure area, as shown on ffie aooroved site plan. The hash enclosse shall be suxrotmded wiTh wood screened fencmg to o6sctse ihe view from adjacent residences P:ix!t Name � u • Aa Equal Oppofimiry Employa 61/20/2016 69:32 . GRAND WHEELER 2 CI'�'Y Ok' SAIIVT PAYTL CONSENT OF AD70INTNG PROPERI`I' OWN�KS FOR A 1�TONC{�I�lI'ORMING IJSE EERMIT • I i . W a, the undersign�, owners of the property within 1 �0. feet of the subject pxoperty acknowledge thaf we h&va been presented wzth the follotiving: A copy of the application of �.1FA2 [�S � 0��' 1 (name of appiica�t) to estabTish a j 1�'FC� L�h''' ���. ' (pxoposed use) located at �7 DO � � � w�� (address of property) . requizing a nonconforzning nse permit, along with anY relevant site p�ans di?$rarns, or other dOCUIx10nt3410ri. ' � � s We conserad tv the xpproval of tLis app�3cation as it was expla'uned to us by 4he applficaa4 or heslhea repseRengative. ADI333�S� OIZ PAI� � '"� �A��� �� � J�jCF�ib� � :� � ���^ . . . _ . � - 77 Z 7�5�,�����✓- a RECOItD O'4�'NEkB �-� -- N ct � ���� 0% � fl7' �/9`/ , 1,' �� d4vL n1 c.��va�Z. � a,� / 't'� y �,- • N07C�: All infarmation o-n signatures on tYiis petiCion.. 6516996355 upper portion of this 3Y NA'FURE DA'6`� � � 7- �' ' �� , � � "_ S� fJ-C�'' / .�- �� S-I�'- o � ..�— "�' _ 0 c� . ,�- L�° a , � �,� � Ct � fZ � � s�-o v'V.�. — � `�f e'completed pxior to obtaini�ag eligible ' . ' 9/OS '. ' � H1/2H/201e 09:32 6516°90355 := . n.���� i �ITY' �lF S�iTNT PA�7L. �'�RTSEt�T OF AD7Q 1NING PRO�'ERTY C)WNERS FQ:R. A �3i�N�ONFORMI�G USE PL�RIVIIT . PASE e� We, the u.'zdersigzzed, O�+�ers p� the P�'oP�3' �� 100. feet of the subjec� property scknowiedge that we have been presented with the following: / A copy of the applica:ion of �� R°' �� S � � � o a � - �,�ra .i � �i! EC(£✓� � { • (na�ne of applicant} t establisha l�-s�'� �� �' —� (proposed use) ". i n �*-,. . _ r —7 '�'-�' located .{address requi�ing a'nanconfomxing use pezmit, slong with any relavant site pIabs, diagrams, or other decumeutation. � • r We sonsenE to tFae appravaP uf this sppiicatiau as it wss eaplained to us by fha $gplicsa# or his/fier representative. arintt�:�fi oR PIN Tt�COi�A OWNER .. SIGNA'TUI2E DATE \ J CJ • signat�res on this peiitian,. 9108 '. 0 i 01/26/2010 69:32 6516990355 GRAND WHEELER 2 CITX OF SAIN7C PAIJL io�,�� a4 COivrSENT OF AD30INiNG ��ZOPERTY OWNERS FOR A �d��9�-- We, the nndersigned, owners of the property within 106 feet of the total contiguoes descriptioa of rea] estate owned, purchased, or sold by THE PETITIONER within one year precedang the date of this petition acl�owledge that we have been presented with the follawzng: _ 1. A copy of the petition of to rezone the property located at `� � �[ �'7� �� From a� �_zoning dastztict to a� zonzng district and 2. A copy of sections thxough , inclusive of the Saint Paui Zoning Code. We acknowledge that we are aware of a1] of the uses perrnitted in a zoning district, and we are aware that any of these uses can be esiablished upon City Council ap�rova2 of the rezoning. We hereby consent to the re�oning of the property iti the petition of • � �,�� to a �'-„� zoning district. (name of petit9oaeX) We consent to the approval otthis re2oning as it was explained to us by the ngptisartt or #�is/he�' representa4ive. ACDIBILESS OR PdN # ���. IVSCv'3'Rc_� � Zv�� � , � .;<- k 4 . �� I � �.�Z : i � � ° �-,' "1' �� ti r 's DATE �� �� � � ��4 �� ^ - _ ! � l / _, ! '�� �� � c j_I� - Q�' _ �/y d P • — o _. _ . _� __ - - � NPTE: This petition shall not be considered as o�cially filed until ihe Iapse ofSe rf {7) working days atter received by the Planning Division. Any signa#or oFthis petition may withdraw his(hCr name therefrqrit by Wr requese wikhin that time. I2ECpRD OWNER � L 0 ��U�. �^1vr�rZ., J `y Q { 6. ,-c ,...� c� m/� o� � �o� ��� ��G , it IS tten r' � 9/08 ,� 01/2012016 09:32 65169S6355 CONSENT �F ADJplNING P120FER'I'Y OWNERS FOR � ''R'�Z01�tH�a- We, the undarsignsd, owners o�the property +Nithin 100 feet of the to#al contiguous desc:iption of real eskate owned, purchased, or sold by THE PETiTIONER within oz�e year precedizag the date oFthis petition acknowledge that we have been presen:ed tivith the following: . A copy of the petition of to rezone the property located at �`��"^ from a�__zoning disLriCT to a(�"� zoning district szad 2. A. copy of sections througla , inclusive of the Saint Paul Zoning Code. We acknowledge that we aze aware ofall o�the uses permitted in a zoning disRtict, and we axe aware that any of these uses ca�a be established upon City Council approval of the rezoning. We hereby conseqt to the rezoning of the properiy in the petition of (� µ� FXD�I ����� y.ra! �sl To a� zoning district. (name of petitionec) We canseat to the approval of tbis rezoning as it was explained to qs by the applicant or his/hev eepresefltative. ADpRESS Q12 PIN # �� � r�su�r�of� `7y� �°�e� Izzz �� � I GRAND WHEELER 2 C�T� �'� �.f�.�� �AV�. RECORD OWNER PAGE 05 • • DATE �-� , �'� � -�i p �g cn� 1C ti NOTE: This petition shal] not be considered as offieially filed until the lepse of seven (7) w received by the Planning Division, Any signator of this peAdvn may wiThdtaw his/her name request withirs that time. _ days after rt is vm by wriiten 9/08 ��� /,p� . • � , . , ,. ��. ����������� n �� M � � �.���� ���� � ,. �-� ��� �� � ��.�� � � �� � � $�� � a � � �� ��; �5' o.� N �.. ,�, � ��� ����.��;. �. ����� � ���: ��.�� ����: �.,, � ;,.. .�.�, y . ,,y�.��;,;�: , 10-4��,. 'C Q � � e�'7 tp O � ��� � " ��.� �a L� m ��ia V i z�as, p '� `�} G �� � � � N � � P�:n � f- O � d .. � C �+ 6� -7a� J S� �Tf � � � � � N T �p L^ �����"�v3� ��s����`� -� c A� ��- � `" � in�H^c�a��a o �aG e g ��w � y "'�., � m"' a 'W '!' � z � � �� �.0 U� u tt �C �.> � ����� � � �� ���� � � & �� �� .� .a � � � � � y �� � � �� = � � �� ������ G � c �� ���� ��� ��. �� & � � � � � � s�� � � �:���.� � ���� � -�.� � �x�� � R T0 3�Jdd L?J3�33HM QNd2�9 55E0669t59 ZE�69 9C0Z/0Z/T9 10-433 � � � h. � Stone's Auto Mart, Inc., a Minnesota corporation, Scott d. 'Thomas, Ann Elizabeth Thomas, Plaintiffs, v. City of St. Paul, Minnesota, a Municipal Corporation; St. Paul City Council; amd individual City Council members, James Scheibel, I�obert Long, Kiki Sonnen, Janice Rettman, Roger Goswitz, Tom Di�ond, Defendants L��� � ������ LEXSEE 721 F. SUPP. 206, 208 Civil No. 4-89-352 iTNITED STATES DISTRICT COURT,FOl�'Y'IiE DISTI2ICT OF MINNESOTA, FOURTH DIVISION 72I �: Supp. 206; 1989 U.S. Dist. LEXI� I1042 • September 38, 19�9, Decided COIINSEL: [M*1] Richard J. Malacko, for Plaintiffs. 721 F. Supp. 206, *; 1989 U.S. Dist. LEXTS 11042, �" Earl P. Gray and St. Paul, Minnesota, Edward P. Starr, St. Paul City Attorney and Jerome 7. Segal, Assistant City AYtorney, St. Paul, Minnesota, for Defendants. JUDGES: Harry H. MacLaughlin, United States District Judge. Page 1 This matter is before the Court on defendants' motion for summary judgment or, in the alternative, for an order prohibiting discovery into the city council members' motivation in denying plainriffs' rezoning petition. The motion for summary judgment will be denied. An order tailoring discovery based on the possibility that the city council members are extended qualified immunity will be issued. FACTS . OPINION BY: MacLAUGHLIN OPIIVION [*207] MEMORANDUM AND ORDER HARRY H. MacLAUGHLIN, UNITED STATES DISTRICT JUDGE Piaintiff Stone's Auto Mart, Inc. (Stone's) is a Minnesota corporation which has been engaged, since 1982, in the business of selling used cars. Plaintiffs Scott J. Thomas and Ann Elizabeth Thomas are the shareholders of Stone's. The Thomases are black. Page 2 721 F. Supp. 206, *; 1989 U.S. Dist. LEXIS 11042, ** Ln 1986, Stone's moved from 13�'0 West Sevenih Street to 1174 West Seve�t,'� Street in St. Panl. The property at ll74 West Seventh Street was originally zoned "B-2 Business," a zoning classificatio� which does not permit a used car Iot. In order for Stone's to [**2} locate there, the lessors of the property petitioned the St. Paul City Council to have the property rezoned as "B- 3 Business." The lessors of 1174 West Seventh Street are white. The city council appraved the rezoning peYition on December 11, 1986. In 1988, plainriffs entered into a contract to purchase the properry at 1200 West , Seventh Street, which is one lot removed from 1174 West Seventh 5treet. That property was also zoned "B-2 Business." Accordingly, plaintiffs petitioned to have the property rezoned as "B-3 Business." On March 23, 1989, the St. Pau1 City Council by the unanimous vote of its members wrth one member absent) voted to deny the rezoning request. In denying the request, the city council adopted the recommendation of the zoning committee staff. The staff report no d that the predominant land use along the segment of West Seventh Street at issue is residential. The_ report found that the businesses in the area tended to be located at intersections and tended to be retail or service oriented businesses falling within fhe "B-2 Business" classification. The report concluded that to allow "a more intensive, auto-oriented use" on the land owned by plaintiffs would be inconsistent (*�`3] with the policies of the city's zoning plan. Complaint, E�. B. [*208] Piaintiffs allege that the reasons given in the zoning committee staif report for denying the rezoning request are not factually correct and that the policies cited as a basis for the decision are nat consistenfly applied. Plaintiffs claim that the given reasons are a pretext for an effart to prevent "the placement of black owned and operated businesses in the w�ite business community•" Complaint, par. 20. Plaintiffs filed suit under 42 U.S.C. §§ I982, 1983 and 1985 against the City of St. Paul, its city council and the six individual council members who voted on plaintiffs' rezoning request. 'The city council and the defendant council members have moved the Court for suminary judgment on the grounds of legislative immunity Should that motion be denied, defendants request an order prohibiting discovery into the motives of the council members in denying the rezoning of the plainriffs' property. DI�CUSSION L Legislative Immunity The Couzt may grant suminary judgment upon a showing "that there is no genuine issue as to any materiai fact and that the moving party is entitled to judgment as a matter of law." Fsd.R.Civ.P. [**4] 56(c). In their motion, both the city council and the individual council members request sunnuary judgment on the basis of the absolute immunity accorded to public officials acring in a legislative capacity. The city council is not protected by the doctrine of legislative immunity. In Monell v. Dept. of �ocial Services, 436 U.S. 658, 56 L. Ed. 2d 611, 98 S. Ct. 2018 (1978), the United States Supreme Court ruled that municipalities are not entitled to immunit}' in actions brought pursuant to section �983. The Court held that "local governing bodies ... can be sued directly under section 1983 for monetary, declaratory, or injunctive relief where ... the acfion that is alleged to � • • 10-433 • i i 721 F. Supp. 206, �`; 1989 ti.S. Dist. LEXIS 11042, "* be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." 436 U.S. at 690. The city council's decision to deny piaintiffs' rezoning request is an official decision of the city's governing body. The city council can therefore be held liable if that decision is found to constitute a violation of the plaintiffs civil rights. See Rollins v. Farmer, 731 F.2d 533, 535 (8th Cir. 1984) (local governing unit may not assert tbe immunity [**5] of its officials as a defense to liability under section 1983); McKay v. Hammock, 730 F.2d 1367, 1374 (IOth Cir. 1984) (same); Westborough Mall, Inc. v. City of Cape Girardeau, 693 F.2d 733, 740-41 (8th Cir. 1982) (municipality may be liable for "erroneous reversion" of plaintiffs zoning classification), cert. denied, 461 U.S. 945, 77 L. Ed. 2d 1303, 103 S. Ct. 2122 (1983); International Broadcasting Corp. v. City of Bismarck, 697 F. Supp. 1094, 1095-96 (D.N.D. 1987) (absolute legislative immunity does not extend to local governing bodies). Individuals who serve as public officials may be accorded absolute immunity so that they may "speak and act freely and fearlessly in the discharge of their important official functions." Gregoire v. Biddle, 177 F.2d 579, 581 (2d Cir. 1949), cert. denied, 339 U.S. 949, 94 L. Ed. 1363, 70 S. Ct. 803 (1950). Those accorded absolute immunity receive it "because of the special nature of their responsibilities" rather than "because of their particular location within the Government." Butz v. Economou, 438 U.S. 478, 511, 57 L. Ed. 2d 895, 98 S. Ct. 2894 (1978). Legislators are absolutely immune from suits for damages so long as their conduct was within the sphere of legitimate legislative activity. Supreme Court of Page 3 Virginia ["*6] v. Consumers Union of United States, Inc., 446 U.S. 719, 64 L. Ed. 2d 641, 100 S. Ct. 1967 (1980); Tenney v. Brandhove, 341 U.S. 367, 95 L. Ed. 1019, 71 S. Ct. 783 (1951); see also Lake Country Estates, Inc. v. Tahoe Regional Planning Agency, 440 U.S. 391, 59 L. Ed. 2d 401, 99 S. Ct. I171 (1979) (members of governing board of regional planning agency immune to extent they were acting in a legislative capacity). The scope of absolute immunity extends no further than its jusrification warrants. Harlow v. Fitzgerald, 457 U.S. 800, 810-11, 73 L. Ed. 2d 396, 102 S. Ct. 27Z7 (1982). [*209] Unfortunately, it is often difficult to determine whether government action concerning zoning is legislative or administrative. In a section 1983 case concerning a rezoning decision, the Eighth Circuit noted that a municipal act regarding zoning that is "legislative on its face" may be administrative in character. Gorman Towers Inc. v. Bogoslavsky, 626 F.2d 607, 611 n. S(Stlz Cir. 1980). The court further stated: As to some reclassifications of property, then, it might be argued that municipal legislators have only a qualified immunity because they exercise only a limited discretion and do not operate under the legislator's duty to "conceive public policy from the myriad policy options open to the sovereign." Id., quoting [**7] Adler v. Lynch, 415 F. Supp. 705, 712 (D.Neb. 1976). Defendants correctly note that the Minnesota Supreme Court has consistently 721 F. Supp. 206, *; 1989 U.S. Dist. LEXIS i 1042, ** held that the adoption or amendment of a zoning ordinance is a legistative act. Honn v. City of Coon Rapids, 313 N. W.2d 409, 414-IS (Minn. 1981); State By Rochester Association of Neighborhoods v. Czty of Rochester, 268 N.W.2d 885, 888-89 (Minn. 1978); Beck v. City of St. Paul, 304 N�inn. 438, 231 NW.2d 919, 925 (1975). That hoIding, however, is reached only for the purpose of deternlining the appropriate standard for judicial review of zoning decisions in the state courts. � It does not determiue the scope of immunity accorded to municipal officials under federal law. 1 In State by Rochester Associatzon of Neighborhoods v. City of Rochester 268 N. W.2d at 888, the court stated: As a ]egislative act, a zoning or rezoning classification must be upheld unless opponents prove that the classification is unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare, or that the classification amounts to a taking without compensation. . . . Our narrow scope of review reflects a policy decision that a legislative body can best determine which zoning classifications best serve the public welfare. (Citations oxnitted.) Page 4 [**8] Two tests for distinguishing between legislative and administrarive zoning actions were suggested in Developmenis in the Law-Zoning, 41 Harv.L.Rev. 1427, 1508-i3 . (1978). The first test concerns the type of facts oa which the deciszon is based. "Legislative facts are normally generalizations concerning a policy or state of affairs: they 'do not usually concem the iinmediate parties but are general facts which help the tribunal decide questions of law, policy, and discretion."' 91 Harv.L.Rev. 151Q-11, quoting K. Davis, Administrative Law Treatise, 199 (1958). Administrative facts, which aze more often refened to as adjudicative facts, are specific to particular individuals or situations. They are "'roughly the kind of facts that go to a jury in a jury case."' 91 Harv.L'.Rev. at ISI1, quoting Davis, supra. The sacond test concerns the particularity of the impact of the zoning action. Legislative action affects a class of persons and is not taken against "specific identifiable people." 91 Harv.L.Rev. at 1511. Adiniuistrative action singles out specifiable individuals and affects them directly. For example, a decision to deny a variance for a shopping center will [**9] specifically affect the developer who applied for the variance. Snch a decision would be considered administrative whether it was based primarily on general policy considerations relating to commercial development, or on specific fmdings as to the suitability of the site for the proposed project. . • n U 10-433 i . • 721 F. Supp. 206, '; 1989 U.S. Dist. LEXIS ll 042, �"` 91 Harv.L.Rev. at 1511. This test was employed by UniYed States Court of Appeals for the First Circuif in Cutting v. Muzzey, 724 F.2d 259 (1 st Cir. 1984). In that case, the court of appeals held that members of a municipal planning board were not entitled to absolute immunity from claims that the board imposed unwarranted conditions on the approval of plaintiffs subdivision because of racial animus. 724 F.2d at 261-62. The test was also adopted in Visser v. Magnarelli, 542 F. Supp. 1331, 1333 (N.D.N.Y. 1982). It is, moreover, consistent with the results in many other cases. In O'Brien v. City of Greers Ferry, 873 F.2d 111 S(8th Cir. 1989), for example, the defendant aldermen [*210] sought immunity from a claim that their votes against appropriating funds to defend a lawsuit against the sole alderwoman was motivated by sex-based animus and constituted retaliation far the alderwoman's [**10] exercise of free speech. Stating that "normally, a legislative act is a formulation of policy governing future conduct for all ar a class of the cirizenry," the court of appeals held that defendants were not cloaked with legislative immunity because the city council's vote on the appropriation was an executive, not a legislative, act. 873 F.2d ttt 1119. This result is consistent with the results provided by the two tests described above. Although the city council's decision not to appropriate funds for the alderwoman's defense could have been based on an analysis of legislarive facts (i.e., the debate may have concerned whether or not the city should, as a matter of policy, indemnify its public officials for acts taken in their official capacity), it was apparently based Page 5 only on an inquiry into administrative facts (i.e., whether or not the ciry should indexnnify this particular alderperson in this particular situation). 873 F.2d at 1119. 'The decision not to appropriate funds was also a decision -that affected a single identifiable individual, rather than a class of persons. Id. Another example is provided by Haskell v. Washington Township, 864 F.2d 1266 (6th Cir. 1988). [*=�11] In that case, city trustees who had enacted an allegedly unconstitutional zoning ordinance to prevent the opening of an abortion clinic argued that they were protected by legislative immunity. The court of appeals noted that although zoning is ordinarily considered a legislative activity, "it is not always legislative for the purposes of immuniry." 864 E2d at 1278. It held that: If the underlying purpose of zoning activity is to establish general policy, then it is legislative . . . . If, however, "the action 'single[s] out specifiable individuals and affect[s) them differently from others,' it is administrative." Id., quoting Cutting v. Muzzey, 724 F.2d 259, 261 (lst Cir. 1984). That language adopts the second of the two tests described above as a means for distinguishing between legislative and administrarive zoning actions. Ultimately, the court of appeals remanded the case to the district court for a determination of whether the allegedly injurious acts committed by the defendant trustees were legislative, administrative or neither. 864 F.2d at 1278. See also, Scott v. Greenville County, 716 F.2d 1409, 1423-24 (4th Cir. 1983) 721 F. Supp. 206, *; 1989 U.S. Dist. LEXIS 11042, ** (reversing grant of legislative immunity [**12) to county councii members who denied plainiiff building pernit allegedly because of race discriminafion). Application of either of the two tests to the facts of this case results in the cauncil members' actions being found to . be administrative, not legisIative. With regard to the first test, the city council's decisien was based on particularized facts concerning the character of the area in which plaintiffs' property was located, the nature of the use proposed by plainriffs, the likely effect of Yhat use on the area and the appropriateness of that use under the previously-adopted zoning policy. These are adtninistrative facts, not policy-oriented, legislative facts. Regarding the second test, the decision not to rezone was one affecting specifiable individuals, not a broad class of persons. The decision did not involve the establishment of a general policy, so it was not legislafive. Therefore, under both tests, the decision not to rezone 1200 West Seventh Street must be considered an administrative decision, and therefore the individual city council members responsible for that decision are not entitled to absolute legislative immunity. II. Diseovery The council members are, of [**13] course, still protected by the gualified immunity which protects all public officials. See O'Brien v. City of Greers Ferry, 873 F.2d 1115, 1119 (8th Cir. 1989). Qualified unmunity shields govemment officials performing discretionary functions from civil liability "insofar as t�eir conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, [*211] 45% U.S. 800, 818, 73 Page 5 L. Ed. 2d 396, 102 S. Ct. 2727 j1982). Under this test, if the defendant councii members decided plaintiffs' rezoning application based on the race of the plaintiffs, they are not protected by qualified unmunity. The problem in this case is that a decision on whether qualified immunity applies cannoY be made until a decision is made on the merits of plaintiffs' claim. Defendants have requested an order prolubiting discovery into the motivations of defendant council members. The motivation of the council members is precisely what is at issue and, therefore, is discoverable. See, e.g., Martin v. D.C. Metropolitan Police Department, 259 U.S. App. D.C. 31, 812 F.2d 1425, 1433 (D.C.Cin 1987) ("where intent . . .. [is] an essential element of plaintiffs claim, plaintiff must be afforded [**14] an opportunity to overcome an asserted immunity wiYh an offer of proof of the defendant's alleged unconstitutional purpose"). One of the impartant purposes of qualified immunity, however, is to protect public officials from the "broad-ranging discovery" which can be "peculiarly disruptive of effective government." Hcrlow, 457 U.S. at 817. The courts have authority to tailor discovery to further the purposes behind the doctrine of qualified immunity. See Anderson v. Creighton, 483 U.S. 635, 107 S. Ct. 3034, 3042 n. 6, 97 L. Ed. 2d 523 (1987); Ginter v. Stallcup, 869 F.2d 384, 387-88 (8th Cir. 1989). Because depositions are the most burdensome and disruptive form of discovery in cases sucr� as this one, the Court will prohibit plaintiffs from taking the depositions of the defendant council members unless they secuze the defendant's consent or an appropriate order of this � C� • 10-433 . • 721 F. Supp. 206, "; 1989 U.S. Dist. LEXIS 11042, *" Court. Before the Court will issue an order allowing the depositaons to be taken, however, the plaintiffs must support their allegations with evidence sufficient to pernut the inference that race was a motivating factar in the council members' decision not to approve plaintiffs' request for a rezoning. � In that regard, plainriffs may proceed [** 15] with all other methods of discovery in arder to develop their case. 2 Plaintiffs' motion for an order permitring the deposarions of the defendant council members would, of course, be brought before the United States Magistrate. CONCLUSION Accardingly, based on the foregoing, and upon all the files, records and proceedings in this case, IT IS ORDERED that: Paae 7 1. defendants' motion for summary judgment is denied; 2. defendants' alternative motion for an order restricting discovery is granted; 3. plaintiffs are prohibited from taking the depositions of the defendant council members unless plaintiffs have secured either the consent of the council member or an order of this Court permitting the deposition; and 4. this Court will allow plaintiffs to depose the defendant council members only upon evidence sufficient to permit the inference that race was a morivating factor in the council members' decision to deny plaintiffs' request for rezoning. DATED: September 18, 1989 � Ja� 27 10 �5:06p FedQration 6512885671 p.2 tiRest 7th(FortRoad Fe�leration • 974 West 7th 3treet ._ _ ,,, Saint Paul, Minnesota 55102 (612)29$-5599 7anuary26, 207fl Gladys Vlorton Saint Paul Plaiuung Commission Zoning Committee 25 West 4`" Streef Saint Paul, Minnesota 55102 Re: Fi1e 10-004-695 Dear Chairperson Mortotz, The West 7�'/Port Roari Federafioa opposes the nonconforming usepermit application for 1200 West 7 Sheet seeking approval to undertake ouPdoar auto sales. The site currently has a noncoaforming use germit for auto repair. Given the size of the i site, we think allowing both auto tepair and outdoor auto sales uses on this site would have a negative impact on neighborhood. Aegard, Dave Bredemus President • Cooperxting �nd �rive Member Affirmative Action(Equal Opportunity Employer .,� � :�:;:` � � �''' �:� :� � .� � 'i : ';� ,� , �: � � � �: j � 4 "" ` �� � M � �.,M.� lt � � T � f6 �r���� � e � ,,_ 10-433 • • • s • • 10-433 • CITIZEN PARTICIPATION DISiRICTS I �;�1 ��. t o. z. � � 1 _� , e N � • CTTIZ.EN PARTICIpATION FLANNING QISTRICTS ' 1.SUNRAY=BRT7LECRCEK�NTGHWOOD 2.6REATER EAST S.IIIE 3.WEST SIDE� _4.DAYTON'S BLUFF . S:PAYNE-PHALEN. ,� � 6.NORTH EN�D � 7.THOMAS-DAL� � B,SUMMIT-UNIVERSITY � EST� SEVEhITH . COMO � � /D` ������ �.11.HAMLINE-MIDWAY .� 12.ST. ANTHOMY . � i3.M�RRIAM PK.-L�kINGTON HAMLiNE ' � 14..6ROV€LAND=fdACALESTER � . - • � 15.HIGNLAND ' - . - .. 96:SUMMIT HILL • - 17.00WNTbWN � .. . Aa�LICANT C�1���eS �rGS"� ��;�POSE Ci Y � lT /vCt� � � �����1 ��AT� / / / �� LNG. DIS i .�— �� # a � � LEGEfdD .s�� zoning disirict boundary ��������� .� ...- 0 one family � two family �¢ � multiple family 0 . a � comrneroia? ♦ � s iRdUS�il31 Y vacant 10-433 (Date) '�� r ' � `' �!'/�r�i� L /j�`zL ��..--- �� j Q �� //`/�ST�-�Jic ,� �� (Address) Saint Paul, MN 551_ ������� ���� Dear Councilmembers: //� I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, „ ame_ ' ,�__t/ �i, " ' D� (N ) �C�° 10-433 (Date) 3 � 3 t - ro (Name) ,�er ���.�a� (Addiess) /1 a/ L•vr�vf� !'s-�� Saint Paul, MN SSlos Dear Councilmembers: I support Chazles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for '�� ���_. His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I atn confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, C��'��'� � (Name) 10-433 (Date} � (`7 � j "( �° (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) P r ��/I� � r ��, i, P P��,� 10-433 (Date) (��e)�ob l�/z�l�� (Address) / Z3 i �y /? C /!�U �- Saint Paul, MN 5511 �o Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7` Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, �/��%��� � � Ye � (Name) 10-433 (Date) �� ��ACi��' � � �� �� {Address) � � �7 S� �S Saint Paul. MN 551 Deaz Councilmembers: Sr , �.�� � rm�'� I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales loC will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, �„� p� ) �� �w°v ��e� �ch�'d'CY1 ���j� � 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Chazles BrosYs application to operate a small used auto sales business at 1200 West 7` Street. I believe that an auto sales lot wili be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. BrosYs business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sin , 0 � �� �D / � �� (�/'" � d� �� f �� � � 5 I � So� r�� �� 10-433 (Date) `�j �� 7 �/(� �� � l i�� �� f,e 6 9� (Address) ,� �� 0� Q S C� Po ���� Saint Paul, MN 551�+ � Deaz Councilmembers: I support Charles Brost's applicataon to operate a small used auto sales business at 1200 West 7`" Street. I have been a customer at Mr. BrosPs service stations on Grand Avenue for �� G r C. His businesses are always well-run and the properties are well- maintained. H's service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Pau1. I am confident that his venture on West Seventh will be run with the same high standazds as his Grand Avenue service stations. Sincerely, C � _"'."" (Name) 10-433 (Date) (Name) (Address) Saint Paul, MN 5�1_ Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7` Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for 3 His businesses aze always well-run and the properties aze well- maintaine . His service stations aze assets to the neighborhoods they're located in. T have great co�dence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ��=, (Nau'a) � - �� � i �:.�-� i JR�.w c, 5 (1'�✓ �` 4 'Z- • �cL2o �� ������� ,e.�a�� � � � � ?�� � �� M^ ` ` ���aa 10-433 (Date) (I3ame) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7` Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for . His businesses are always well-run and the properties aze well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. a � t''� � , �?, E�' t�....e._. � Sincerely, � �'� ;�` Fj� �` �.. ��\' `\_ � ��!' `µ�` (1�3ri1e� "� ,.' ,.,� .--- -�.,,, �-�� �` IaF�_ �P_ � s � . � % �.° .: �. �.., ..0 -p ,-� r � �' l iJ :�'. � � � 10-433 (Datz) �'� � ! l a (Vzme) C ��kfLb%l�,�� �O� S€ �address) �2 D d�Rl� � ��- Sair.t Paci, �' S51 �7�. Dear Councilmembers: I suppon Charles Brost's application to opzrate a small used auto sales business at 1200 West 7` Street. I believe that an auto sales lot wi11 be quieter and cleaner than an auto repair business, which is currently atlowed on the site. I think that with the restrictions that the City's pianning staff has sug�ested, V1r. Brost's business wiil fit into our neighborhood. VIr. Brost and i have spoken about his plarts for the business and i feel confident that he wilI run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, /��°`.-c-�"� ,� (1Vame) � �� 10-433 (Date) (?�1ame) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Chazles Brost's application to operate a small used auto sales business at 1200 West 7` Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for . His businesses are always well-run and the properties aze well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) � ' �� �J 3/�`� iv 10-433 (Date) � �v�C � � r � Addr ess)���� ���� S�`��CJ�v�'✓�' �� Saint Paut, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will nm the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, ��1 U " (Name) ,VI���J � �� �t�c� � � 10-433 (Date) (I�3ame) �//y/ �"f Z (Address) /�70 UNO �*�/t sef� Saint Paul, MN 551 0 `7 ° Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7` Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for �„ � S . His businesses aze always well-run and the properties aze well- maintaine H s service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a svpporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Cnand Avenue service stations. Sincerely, (Name) � ��� � 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used aufo sales business at 1200 West 7"' Street. 1 believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. BrosYs business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, (Name) 10-433 __ ,� (Date) , � � ` �"' (Name) " ' (Address) ` • " Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7` Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the properiy to the satisfaction of ine and my neighbors. Sincerely, (Ivame) . C � �,� • � �,- �,-._u. 10-433 (Date) 3 � 1 7 ( C'� �� � c i� � `.11L. �v �L (Address) � c? C� r and � c, Z Saint Paul, IvIN 551_ Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7�' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerel (Name) 10-433 (Date) � — 1� � � � �� �. � ���� (Address) � G '� G'�t �''� � q � Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning stafF has suggested, Mr. BrosYs business will &t into our neighborhood. Mr. Brost and I have spoken about his plans for the business and 1 feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, (N�� �� � 1 m ----�---� �ct / 10-433 (Date) 3 � � � ( l v (I�azne)��Gcv��� ��S-e ( (Address) `�� a- S� U u� a-s S o t3 � V c� 5aint Paul, MN 551� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7'" Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. BrosYs business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he wiil run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely � �� � 10=433 (Date) (Name) ��ct`�,t1 /-����\� (Address) /�-' � U ��`�����5 ��'.�,�V�� �'�� Saint Paul, MN 5�1 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7`^ Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for O . His businesses are always well-run and the properties are well- maintained. is service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, 0���''�/ � ���� (Name) �C'�f �-� 11 � CJ�CJ� �� �1 10-433 (Date) (I�rame� � , v� - �A�( �� (Address) �of',r-�` ��e��an�- L\3� Saint Paul, MN 551 o Z Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7�' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think thaf with the restrictions that the City's planning sfaffhas suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. �� / 1 r t� / �� Sincerely,, j � i,, �� ^' '� ; ✓V t 1 C/-"� . ��f �+ J "-�� (1Vame j r ��� �G� i i �� 10-433 (Da�) � � 2 � � � � (Name) Z Gz-e�� � o� �av����'� (Address) � i � � ��els er�- � � ��-t Saint Paul, MN 551 ti� Deaz Councilmembers: i support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feei confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, /� �, �// _ , o�-�---- �� �v�e> Z� c�..�� ��,,� 10-433 (Date) -� _ � � ` (Name) (Address) 5aint Paul, NN 551_ Dear Councilmembers: �v � �v�' i � c+ �j � r�� C���� J(�/✓L {ti/� �(��^--� � N 1 l 1� �r I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for 2�- Pfi�Ny . His businesses are always weil-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sinc C vv � c �o�n��� �� S�7 � S , N � ��e �wg �-I�.�`��y 10-433 (Date) (Name) �GC%I't/�� ��i/�� (Address) /lO7? �1.7.�s��0r�z Saint Paul, MN 551 G' � Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7°i Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for ;� His businesses are always well-run and the properties are well- maintaine��ice stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �-��'�����- � ��� �'� (Name) 10-433 ��rCV�'t�1,2Di� ( aCe) (� r � � r� �C�.�i �� aaa ess> ���a ��'` �t1�i�l �,Q`i Saint Paul, NfN 551 '�- Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for `� 1" (� . His businesses are always well-run and the properties are well- maintained. ts service stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paui. I am confident that his venture on West 5eventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, 10-433 (Date) r �rr�e) �O6 l��e r 7�� (Address) j 23 i �JGfyl � �[9 e Saint Paul, MN 551 ( � Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7t Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for c2 � 7�-r His businesses aze always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. T am confident that his venture on West Seventh will be run with the same high standazds as his Grand Avenue service stations. Sincerely, � � f y!� (Name) 10-433 (Date) (Name) � ��� �p � � � �� (Address) �d���� �°����- ��� Saint Paul, MN 551� Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7t Street. I believe that an auto sales 1ot will be quieTer and cleaner Yhan an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. BrosYs business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for f S y/ZS • . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �a�� (Name) 6 i�n Rt i� � �- ��) bHT 10-433 (Date) 3-��—�� (l�ame) ��s:tiz.�� �n.l� (Address) }Z'1(; Co�P,ttf �. Saint Paul, MN 551 [? S Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for U2u� ���5 . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighbarhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Crrand Avenue service stations. Sincerely, (Na'r`e) � ? , �.(%v'.-t e,l,{ �:ti.� rdc. � 10-433 (Date) 3 / � s �i D (Name) J � �„ �$ {� � 5 � (Address) � 3 � ° �' '� c "( � Saint Paul, MN 551 c�.� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for His businesses are always well-run and the properties are we11- maintained. is s vice stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paui. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely,�� j} (� �/ r �/ C��`'� ._ ame) 10-433 (Date) '��{-� � ( L t �� I \G `'\�'W"'^�X i�`/ (Address) �� iSZc� ��i � � , Saint Paul, MN 551 �� � �� Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for� Io � His businesses are always well-run and the properties are well- maintainedJ His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Pau1. I am confident that his venture on VJest Seventh will be run with the same high standards as his Grand Avenue service stations. �� � ��� � (Name) � 10-433 (Date) '3 - �`{ -1 J (I�iame) � �t,'�t� ��'� (Address) � 3�� Cra hd� F=' 2 Saint Paul, MN SSI�C Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7i Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for �o� � rf � . His businesses are always well-run and the properties are well- maintain�d. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ��� ��� (1Vame) 1 �� �� Sk'� 1 � 7 � �.�r� hd� �' dP �t- �s�. I SS � � S" 10-433 (Date) j� (I�ryme� G7,1 l�?,.n P�,�S (Address) �335 G��-�- i j�p�. a Saint Paul, M1V 551os Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Since ely, ������ cName> 10-433 (Date) ��Z�'� � ��e) ��������/ (Address) - 7 7 �., �- t,r ( +-. Saint Paul, MN SS1L Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7°i Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and T have spoken about his plans for the business and i feel confident that he will run The business and maintain the property to the satisfaction of ine and my neighbors. 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I think that with the restrictions that the City's planning staff has suggested, Mr. BrosYs business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and maintain the property to the satisfaction of ine and my neighbors. Sincerely, (Name) 10-433 (Date) �c1lTle) i � � ( � °�—'� (Address) � o � „ � (,� �? , Saint Paul, MN 551_ � � ���� � � � � Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 V✓est 7�'' Street. I believe that an auto sales lot will be quieter and cleaner than an auto repair business, which is currently allowed on the site. I Yhink that wiYh the restrictions that the City's planning staff has suggested, Mr. Brost's business will fit into our neighborhood. Mr. Brost and I have spoken about his plans for the business and i feel confident that he will run the business and mainYain the property to the satisfaction of ine and my neighbors. Si cer y, ���. (Name) 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue far _�. His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) ��� l� �a 10-433 (Date) �J 3 � / � ( ���C� ��'S� ��e) l � (Address) ��C� W Saint Paul, MN 551 Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7th eet. I have been a customer at Mr. Brost's service stations on Grand Avenue for � . His businesses are always well-run and the properties aze well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, F ��\, `� (Name)��C;� �(�dJ� 10-433 {Date) (Name) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. BrosYs service stations on Grand Avenue for . His businesses are always well-run and the properties are well- maintained. His service stations are assets Yo the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run cvith the same high standards as his Grand Avenue service stations. Sincerely, (Name) ���es � � � �a/��e� 1 ��a ��� 1�' �9�,�e , �� � l� ��� ���� �-�a� 10-433 ��y�3� �6�� �� �, �r 3rliz; �33'� �j��7-'J �Du,rl l�/ �IC Gi/G Saint Paul, MN 551� Dear Councilmembers: I support Charles Brost s application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for 0 rn . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ����� � Y'� v2� e� (Name) 10-433 (Date) (Name) (Address) Saint Paul. MN SS 105� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales husiness at 1200 West 7"' Street T have been a customer at Mr. Brost's service stations on Grand Avenue for /� y�� �-� . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. 10-433 (Date) (IVame) (Address) Saint Paul, MN �51 Dear Councilmembers: I support Charles Brost's application to operate a smali used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh witl be run with the same high standards as his Grand Avenue service stations. Sincerely, � C � ���� ame) � U ` j ( �� � ���� S � '�`1, d�V l � � �.i � � �� 5� �U�� 1Q-433 (Date) (Name) / 7 3 A ��, �^ e� (Address) Saint Paul, MN 551 DS. Dear Councilmembers: I support Chazles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for ,,� His businesses aze always well-run and the properties are well- maintai d. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) \ _ ��� 10-433 (Date) � _ � �` � � � � y,-1 r-t � �(� �.r �� r- (i�ame) (Address) t � � S k C, ' �9-- Saint Paul, MN 551_ Dear Councilmembers: I support Charles Brost's appiication to operate a small used auto sales business at 1200 West 7°i Street. I f�ave been a customer at Mr. Brost's service stations on Grand Avenue for /��r� . His businesses aze always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sin erely, � r I� � (Name) 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West� ��' Street. have been a customer at Mr. Brost's service stations on Grand Avenue for � His businesses are always well-run and the properties are well- maintain d. His service stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Pau(. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. (� �^ � � Sincerely I "' �!r%�^J `�� \ �__� J (Name) j�_ S��'v� �3� 1� �h 10-433 (Date) �/"f � ; / � � G �� �� .l��v�0 i-;7(`� (Address) ��aSJS ,��J-�n/cQT�v ✓�i'(��.. Saint Paul, MN SS lo � Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Str�et. I have been a customer at Mr. Brost's service stations on Grand Avenue for ��/� His businesses are always well-run and the properties are well- maintamed. is service stations are assets to the neighborhoods they're located in. T have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. SincereJy, ��� � � � l .�/ �-'�n_� (Name) � ���o ���� i 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for c? `�� �His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on VJest Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �� ����� (Name} `-' 10-433 (Date) (I�Tame) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Chazles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for ( 5 n�A�2e . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're Iocated in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, � (Name) c'`lt::A,�D �rr��L�� ���� 10-433 (Date) (l�iame) � f3'V v�^ � l�`-- � (Address) ( � ( � Scn vin� i � � �� Saint Paul, MN 551 �� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7` Street I have been a customer at Mr. Brost's service stations on Grand Avenue for _�� j„ ,� . His businesses are always well-run and the properties are well- main ai� His service stations are assets to the neighborhoods they're iocated in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely,��� J (Name} i��If�-- ��-� � z� �5 �� S� 10-433 (Date) (Name) (Address) Saint Paul, Ml�i 551 Dear Councilmembexs: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. $rosYs service stations on Grand Avenue for . His businesses aze always we11-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paui. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. cer¢I _�%�" j j i �� ( �� � � �TdlTle� 10-433 (Date) ��7�F1 � IQ (Name) �C� f�'-�l ��til S —7 (Address) t°��S �'� �'V%� �� � 1 Saint Paul, MN 551 U�-( Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for �.�¢�.f S. His businesses are always well-run and the properties are well- maintame His service stations are assets to the neighbarhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, - " -, (1`l�me) 10-433 (Date) 3 - ao - �� b f-f e2K��jh� �`�o(,I12 1 2 Ic<��r� S`� (I�iame) (Address) Saint Paul, MN 551 � 3 Deaz Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for 5 YrS . His businesses are always well-run and the properties are well- maintamed. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paut. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ��� � � (Name) 10-433 (Date) (I�Tame) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7''' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for �� ��'. His businesses are always well-run and the properties are weli- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. �-__' � f Sincerel�.`_ ��- � � �� C— ' � � ����� 10-433 (Date) � � � � - � Q (Name) �.}Ee{�=' iCr �lS1�F� (Address) � t �'4 ?� � �j"U� 5aint Paul, MN 551_ P� / � � 2 eV . tnlw �S �r �f � � Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for His businesses are always well-run and the properties are well- maintained. is service stations are assets to the neighborhoods they're located in. T have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, � �� ,� � c,t ... � (Name) s � �u6',�; � �tiS��f � � � W..- fP..,...�. T' �� �� � '�"� VL'�-"S-f'"y� � l� :5-k . 11,� �.-„ti �-�, ,�=.�wy--� �-�a,�.-' � l �! (`e�� �..-� ��-�--- ' �—�`^-E ��'� �``� � r�.;,'1 �. z��s v.,�;��: �r� s,.�."b � 10-433 (Date) 'Y1�Let,�✓ - �`I � a D 1 O (IVame) (Address) 1 g'� `� �-C �— � � � Saint Paul, MN 551� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for His businesses are always well-run and the properties are well- main aine� d.�His service stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �-�� G � �,� cName) 10-433 (Date) (!\Tame) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for � � . His businesses are always welt-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Srost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Crrand Avenue service stations. Sincerely,�� �__1� (1Vame) I ac��a �c S (`� c ��, � � 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for `� � His businesses are always weil-run and the properties are well- maintai e�vice stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. � Sincerely, �' �� , II ; �% � �; (Name) I �� � � � � l� � 1�-� -e 10-433 (Date) ������ � �j (Name) ��i� � � �� �� (Address) � � }� Saint Paul, MN 551 � Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for �� � Plt`i`S His businesses are always well-run and the properties are well- maintained. is service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh wi11 be run with the same high standards as his Grand Avenue service stations. _/ 10-433 {Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Srost's application to operate a small used auto sales business at 1200 West 7"' treet. I have been a customer at Mr. Brost's service stations on Grand Avenue for _�� . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, .,�� ����____ � (�vame, 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Deaz Councilmembers: T support Charles Brost's application to operate a sma11 used auto sales business at 120� West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for !C a His businesses are always well-run and the properties are well- maint ' ed. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Crrand Avenue service stations. Sincerely, ��..� ��-� ��ea 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for ° j �/ f5 • . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paut. I am confident that his venture on West Seventh wilt be run with the same high standards as his Grand Avenue service stations. Sincerely, � 11Jv v `^ � (Name) 10-433 (Date) (Name} (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for f'_� �{ �� . His businesses are always well-run and the properties are well- maintained. His service stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on VJest Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) �! a / / � � �}}a.� t'�f��� 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7°i Street. I have been a customer at Mr. Brost's service stations on Grand Avenue far �� r. His businesses are always well-run and the properties are well- maintame His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, (Name) 10-433 (Date) i (Name) ✓� � k ` �` Y > (Address) � �S �Y�k''�` �'�' � Saint PauL MN 551 Dear Councilmembers: I support Charles BrosYs application to operate a small used auto sales bus9ness at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for ? His businesses are always well-run and the properties are well- maintain' d. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. 1 am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ��` K � �, (Nama) 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street I have been a customer at Mr. BrosYs service stations on Grand Avenue for �317 . His businesses are always well-run and the properties are well- maintained. His service stations aze assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh wi11 be xun with the same high standards as his Grand Avenue service stations. Sincerely, f��`�-�/� I�/��-��irt� (Name) � ,� � r _,�- 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Srost's application to operate a small used auto sales business at 1200 West 7`�' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for Zj � car t His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ' � ��r,'� (Name) ��� � �L �E� 1�54 �-��r� ,���. S � _ Pa..-� �,� , ����c��� -`f�'fS 10-433 (Date) (Name) C���- h� -�'.^ � (Address) oa C� �f' (� O',�''✓�"�' ��� Saint Paul, MN 551 C 5 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for 3 � . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �'' - �, ��� ��e� 10-433 (Date} � ' �/W � � (Name) �—X%1� ��� (Address) ZO� � �-� Saint Paul, MN 5516 � Dear Councilmembers: � zf I � y 201 � �� �v� I support Charles Brost's application to operate a small used auto sales business at 1200 West 7'" S eet. I have been a customer at Mr. Brost's service stations on Grand Avenue for _`��. His businesses are always well-run and the properties aze well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerel � ����1 � ��e> ��� ����-��z� 10-433 (Date) (1Vame) (Address) Saint Paul, MN 551 Dear Councilmembexs: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for` �" �v . His businesses are always well-run and the properties aze well- maintai ed. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West SevenYh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �,��� ,��` c��e��; r- 10-433 (Date) ! (Name) 6�1��l-� ntOf'7El�5� +�3C'� (Address) i �� �'�'�'��� !� U � Saint Paul, MN 551 � 5 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street I have been a customer at Mr. Brost's service stations on Grand Avenue for J� y��� 5 . His businesses are always well-run and the properties are well- maintai en fl. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �� ��� � ""'�`�� �� �� ��� L, n L2��Gt�.f 5E�-1 10-433 (Date) (Name)��''1G� �\J� ( � � (Address)�`�1`��W�rr�� j—{ >•e,; 1u.�� v Saint Paul, MN SS I� S Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for His businesses are always well-run and the properties aze well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr, Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, � �� � ��yr �� �/ \ (' p � ��CJ (Name) 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Deaz Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. T have been a customer at Mr. Brost's service stations on Grand Avenue for �C�n His businesses are always well-run and the properties are well- maintai His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, � ���1 Q � (Name) ' "'� � �C/lJ� ��U ✓ — � �� � � �� 10-433 (Date) � j��9 � � .,�, ( (Name) G. .F3 R Q Y � Q �� !i ^� !s. � (Address) � � J c� `dti'1 � 1} +, � '�: � � Saint Paul, M1V 551 �, �, Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on C3rand Avenue for f�' His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on VJest Seventh will be run with the same lugh standards as his Grand Avenue service stations. Sincerely, r� l/l/�� ��e� � � ��� 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for ; �, ';` �a f�,5 His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, .,sz—rua_2�� ��e� � ��c�.SE � �C��I— 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7 Street. I have been a customer at Mr. Brost's service stations on Grand Avenue far ,2G � . His businesses aze always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. � 10-433 (Date) (Name) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' eet. I have been a customer at Mr. Brost's service stations on Grand Avenue for SHis businesses are always well-run and the properties are well- maintained. is service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, /��// � � �� (Name) llfl i �� ��-- " �7��� 10-433 (Date) �� ��— Z � � 0 (Name) L � ��j �%�`/�� S (Address) t L i Sv �-a m r��� ���^^" L-� Saint Paul, MN 551 c� �' Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for Z� . His businesses are always well-run and the properties are well- maintained. His service stations are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am coi�fident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, ._____� G ' L � � �_ :. �Name)"' �� y ��� l � �c ��� � `2--`7' 10-433 (Date) 3 �� (ivame) (Address) Saint Paul, MN 551 Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7"' Street. I have been a customer at Mr. Brost's service stations on Grand Avenue for p ��^ . His businesses aze always well-run and the properties are well- maintam His service statlons are assets to the neighborhoods they're located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint Paul. I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincerely, �///�� �.�f y ��� /j �'e ���, .,��-`—r (Name) �"�(zry J•� ��u..tr.� W� r. cl �r / 10-433 (Date) (?�ame) �d/'c��t I-�('zz� (Address) j i�t 1� T� k�'�� s T' Saint Paut, MN 551� Dear Councilmembers: I support Charles Brost's application to operate a small used auto sales business at 1200 West 7°i Street I have been a customer at Mr. Brost's service stations on Grand Avenue for � SS . His businesses are always well-run and the properties are well- maintained. is service stations are assets to the neighborhoods theyre located in. I have great confidence in Mr. Brost as a businessman and as a supporter of Saint PauL I am confident that his venture on West Seventh will be run with the same high standards as his Grand Avenue service stations. Sincere y, �� � (Name) ;(3/22/2010) Mary Eric - re:Brost appeal 10-107-56 From: <Iewan009@umn.edu> To: <emily.goodman@ci.stpaul.mn.us> Date: 3/20/2010 6:52 PM Subject: re:Brost appeal 10-107-565 Ms. Goodman and St. Paul City Council, I received notice of a hearing for the appeal of the decision concerning Brost properly at 1200 West 7th St. (appeal 10-107-565) We (my husband Antoni, my son Nikolas, and myseif) own property 1284I1286 W 7th St, to the east of the Brost property; our property line adjacent to Brost lot. We opposed the proposed use of auto sales when Brost originally purchased the property and still oppose any intended use for auto sales. The Brost lot is small and there is very little on street parking. We feel that an auto sale business will be a detriment rather than an asset to the neighborhood. An auto sale lot would be unattractive, crowded with autos, it would draw people to the area who would be loitering, test driving cars would mean more traffic pulling in and out and increase noise in the area, furthermore,in this economy auto sales business have been failing. Please do not issue a nonconforming use permit for an auto sales business. Sincerely, — — �Q433� -- Page 1 �L� Sharon Lewandowski � � � � z� iii.•�.r� w • _ «- March 17. 2010 City of St Paul City Council Members Dear Council Members: 1600 University Ave W, ste 305 St Paul, MN 55104 I am writing in support of Chris Eriksson's appeal of the decision of the Zoning Administrator regarding the proposed use of 1400 Dayton Ave, zoned I-1 Industrial District. �/a�/�� �� /�-�33 Storage and warehousing is a permitted use and the building has been a warehouse for at least SQ years. The Union Park District Council's Land Use Committee is also in support of the applicant's appeal. Mr. Eriksson would like to rent the building to Crosstown Auto LLC to store autoparts and automobiles inside the warehouse. On behalf of the Midway Chamber of Commerce Board of Directors I am asking the city council to allow this use with the following conditions, which Mr. Eriksson has agreed to: 1. � 3. No outside storage of parts or partially dismantled cars Not open to the public for parts sales No mechanical activities on the premises Other then the significant investment into the property by Mr. Eriksson, at risk are the new 5 warehouse jobs that the surrounding community or for that matter any community in today's economy, is desperately in need of. We are all investing a great deal of time and energy trying to identify new opportunities to expand the tax base and put people to work. This is ready to go and the District Council approves, please help move this forward and get 5 people working as soon as possible. Thank you for your consideration! Sincerely, Lori Fritts President