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
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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
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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;
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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� � '
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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
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»�����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
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•
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•
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
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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.
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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
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Butterlpla¢¢ing comaussion�Febr¢ary 5, 2010 �
Approved
(Date)
MariIyn Porter
Secretary of the Planning Commission
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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:
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Richa d Kramer
Chair
.
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DEPARTMENT DF P7�A13NING &
ECONOMIC DEVSLOPMENT
Cecil Bedor, Director
10-433
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CITY OF SAINT PAUL
Christopher e. Cofeman, Nayor
February 22, 2010
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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
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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`� �
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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:
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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.
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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
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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
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61/20/2016 69:32
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GRAND WHEELER 2
CI'�'Y Ok' SAIIVT PAYTL
CONSENT OF AD70INTNG PROPERI`I' OWN�KS FOR A
1�TONC{�I�lI'ORMING IJSE EERMIT
•
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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.
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�'�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) ".
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located
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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
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signat�res on this peiitian,. 9108 '.
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GRAND WHEELER 2
CITX OF SAIN7C PAIJL
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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
•
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(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 #
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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.
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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.
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RECORD OWNER
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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. _
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10-433
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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.
.
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10-433
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•
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
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3.WEST SIDE�
_4.DAYTON'S BLUFF .
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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
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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
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(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 ,
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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
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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.
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Sincerely, � �'� ;�` Fj�
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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