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10-444Council File # 10-444 Green Sheet # / � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Presented by RESOLUTION CI'T OF $AINT PAUL, MINNESOTA �9 WHEREAS, on January 14, 2010, pursuant to Leg. Code § 61.701, Chris Eriksson, the owner of real property commonly known as 1400 Dayton Avenue and legally described as Boulevard Addition Subj To Ave & Esmts;Vac Albert St Accruing To Lots 1& 23 & Vac Dayton St Accruing As Vac In Doc No 1825657 & Fol; Part, Lying Sely Of A 30 Ft Wide Spur R/W, Of Lots 4 Thru 6& Of Lots 9 Thru 11 & Of Lots 16 Thru 18 & All Of Lots 1 Thru, (the "Subject Property"), duly filed an administrative appeal from a decision of the Zoning Administrator ("ZA") dated January 8, 2010 which ordered Crosstown Auto, doing business at 218 Pascal St. North ("Crosstown"), to cease using the Subject Property for storing salvaged automobile parts and vehicles that ariginated at Crosstown and were then moved to the Subject Property for storage; and WHEREAS, the zoning code defines Crosstown's Pascal St. use as a motor vehicle salvage operation. The zoning code first permits such salvage operations in I2 zoning districts. The zoning classification of the land on which Crosstown operates is Il. Because Crosstown existed before its property was zoned Il, Crosstown's operation is a legal nonconforming use; and WHEREAS, the Subject property is also zoned I1. Crosstown and the Subject Property are roughly adjacent to one another being sepazated by Dayton Avenue. WHEREAS, in a letter dated October 1, 2009, representatives of Crosstown requested the ZA to approve its proposed use of the Subject Property for "cold storage" of used automobile and automobile parts as well as temporary inside and outside parking of operable and inoperable automobiles. In an e-mail message dated October 16, 2009, the ZA informed Crosstown that it could not approve the proposed use; and WHERAS, in a letter dated November 3, 2009, the same representatives that had previously contacted the ZA on October 1, 2009 on behalf of Crosstown, now requested the ZA, on behalf of a new entity d/b/a SP Holdings, LLC Oronoco ("SPHLLC"), to approve the use of the Subject Property for "cold storage of used automobile parts and temporary parking of automobiles on the outside;" and WHEREAS, in a letter dated November 17, 2009, the ZA, responding to SPHLLC's request to use the Subject Property for cold storage of used automobile parts and temporary outside parking, informed SPHLLC that use of the Subject Property for storing salvaged automobile parts and vehicles which had originated on Crosstown's Pascal St. site had the characteristics of a principle use, determined that using the Subject Property in the manner proposed was not similar to a principal use permitted in an Il district, and concluded that the proposed use was an expansion of Crosstown's nonconforming use into a zoning dastrict (Il) which did not permit such a use. The ZA's letter advised SPHLLC that it could appeal the ZA's decision to the Board of Zoning Appeals (`BZA"). SPHLLC did not appeal. Instead, SPHLLC, in a letter dated November 24, 2009 requested the ZA to reconsider its determination; and WHEREAS, in a letter dated December 2, 2009, the ZA advised SPHLLC that its November 17, 2009 determination was final and fiu advised SPHLLC that it could seek a determination of similar use from the Planning Commission as penmitted under the zoning code and enclosed an application for that purpose. SPHLLC did not submit the determination of similar use application to the Planning Commission; and 10-444 43 WHEREAS, in a letter dated January 5, 2010, the Department of Safety and Inspections — Fire Inspection 44 Division ("DSI-Fire") notified the Owner of the Subject Property, ci/b/a Eriksson Family Properties LLC 45 ("EFPLLC"), that it had inspected the Subject Properiy and found that EFPLLC was using the Subject 46 Properiy for automobile and automobile parts starage in an Il zoning district without approval and based 47 upon a lease with SPHLLC; and 48 49 WIIEREAS, in a letter dated 3anuary 8, 2010, the ZA notified Crosstown that at had come to the ZA's 50 attention that Crosstown was leasing space in the Subject Property for storing automobiles and automobile 51 parts transported from Crosstown's Pascal St. motor vehicle salvage operation to the Subject Property. 52 The ZA's letter informed Crosstown that use of the Subject Property for this type of storage violated the 53 zoning code and ordered Crosstown to clear the site of all vehicles and parts by no later than January 19, 54 2010. The ZA's letter further informed Crosstown that it could appeal the ZA's decision to the BZA 55 pursuant to the zoning code; and 56 57 WHEREAS, in a letter dated January 11, 2010, EFPLLC responded to the ZA's order to Crosstown 58 explaining how SPHLLC was not a motor vehicle salvage operation. On January 14, 2010, Chris Eriksson, 59 on behalf of EFPLLC duly filed this administrative appeal from the ZA's January 8, 2010 order and 60 requested a hearing before the BZA; and 61 62 WHEREAS, on February $, 2010, the BZA, pursuant to Leg. Code § 61.701, duly conducted a public 63 hearing on the said appeal and, based upon all the files, reports and testimony presented during the public 64 hearing, as substantially reflected in the BZA's minutes, found that the ZA's determination that storing car 65 parts and vehicles is accessory to a nearby motor vehicle salvage operation and that such use of the Subject 66 Property is not a permitted use in an Il zoning district and, therefare, denied the appeal and upheld the 67 ZA's determination based upon the following findings of fact, as set forth in BZA Resolution No. 10- 68 010842, which reads as follows: 69 70 1. In September of 2009 the Department of Safety and Inspections (DSI) received a 71 complaint that junk cars were being stared on the property at 1400 Dayton Avenue. A 72 representative from the Department contacted a representative of Crosstown Auto which 73 operates a motor vehicle salvage dealership at 218 Pascal Street South. They stated that 74 they were proposing to use the subject properiy for the storage of cars and car parts. 75 According to the representative, some of the vehicles would be operable and some 76 inoperable. He fiirther stated that since storage was a permitted use in the Il district the 77 proposed use should be allowed. The Zoning Administrator determined that this would be 78 an expansion of the motor vehicle salvage dealership which is a nonconforming use in an Il 79 zoning district and therefore is not a permitted use. 80 81 The same representative then reapplied stating that he was now representing a company 82 called SP Holdings LLC and requested a statement of clarification regarding the proposed 83 use. SP Holdings was formed on October 30, 2009, immediately after Crosstown's request 84 was originally denied and appears to be connected with Crosstown Auto. Even though 85 Crosstown was not technically the applicant anyxnore the effect would be the same. This 86 appeal is now being brought forth by the property owner of 1400 Dayton Avenue. 87 10-444 88 2. An integal part of a motor vehicle salvage operation is the storage of parts and 89 vehicles. Even though the appellant states that there will be no dismantling of vehicles or 90 retail sale of parts at this location, leasing space next to a salvage operation for the storage 91 of parts and vehicles amounts to an expansion of that business. It would be no different 92 than the dealership buying abutting land and expanding the storage yard. 93 94 3. Crosstown Auto has been trying to distance itself from the activities going on at 95 1400 Dayton Avenue since they were told that storing of parts and vehicles at the site would 96 be an illegal expansion of the salvage yard. Apparently, they formed a dummy corporation 97 to lease the space and most recently the property owner is now continuing the azgument that 98 this is just typical cold storage with no connection to the salvage operation. 99 100 4. Warehousing and storage is a permitted use in an Il zoning district, however, not 101 when the material being stored constitutes an expansion of a nonconforming use. For 102 instance, widgets could be stored in a building as long as those widgets were not being 103 stored to extend or expand the capacity of a nonconforming widget manufacturer. In this 104 case it is clear that this is not routine storage but storage intended to expand the salvage 105 operation at 21$ S. Pascal Street. 106 107 WHEREAS, on February 17, 2010, pursuant to Leg. Code § 61.702(a), Chris Ericksson, duly filed an 108 appeal (BZA File No. 10-108-989) from the determination made by the BZA and requested a hearing 109 before the City Council for the purpose of considering the actions taken by the BZA; and 110 ll 1 WHEREAS, on March 17, 2010, pursuant to Leg. Code §6L702(b) and upon notice to affected parties, the 112 City Council duly conducted a pubiic hearing where all interested parties were given an opportunity to be 113 heard and, at the close of the public hearing, the Council moved to lay the matter over until April 7, 2010 ll4 ostensibly so that the appellant might work with City staff to find a method to permit the proposed used 115 under a different regulatory scheme; and 116 ll 7 WHEREAS, on April 7, 2010, the matter of the appeal by Mr. Eriksson was again taken up by the Council 118 and, upon a brief discussion by the Council on the status of working toward an alternative regulatory 119 scheme that would permit the proposed use since the March 1'7, 2010 layover, the Council, having heard 120 the statements made during the said public hearing and having considered all the filings, the report of staff, 121 the record and the minutes and resolution of the BZA, DOES HEREBY 122 123 RESOLVE, that the Council of the City of Saint Paul upholds the decision of BZA in this matter, there 124 being no showing by the appellant that the BZA's decision in this matter was in error based upon the 125 reasoning as set forth in BZA Resolution No. 10-010842, which the Council hereby adopts as its own; and, 126 be it 127 128 129 130 131 132 133 [Lines 127 —133 intentionally left blank} 10-444 134 FURTHER RESOLVED, that the appeal of Chris Ericksson be and is hereby denied; and, be it 135 136 FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Chris Ericksson, the 137 Zoning Administrator, the Plamiing Commission and the Board of Zoning Appeals. Yeas ✓ Adopted by Council: Date 5l��jf�j� p�� Adoption Certified by Co 1 Secretary By: � Approved y M y . Date J`� �J 7iC(�7 _ By: Request e artm of: �. d� 0 By: Approved by the Office of Financial Services B Approved ]>p�City Attomey B ��✓�/ra �l—l.�—/U Approv y a r or S, b rissi bi to Coun '1 By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Shee�t�Peen Sheet � � DepartmentlOfficelCounciL �� Date Initiated: I ; ca-��^ttomeY 13APR2010 ' Green Sheet NO: 3106616 � ' i Departrnent Sent To Person Initial/Date I � Contact Person & Phone: i ' 0,Citv Attornev i: ; Peter Wamer y � �, I � 266-871 �, 1 CtihAttornev � Deoar�ent➢irector , '�, Assign � 2 CitvAttomev � CitvAttomev Y �, �� Must Be on Council Agenda by (D Number �, �, � '� `�� , �� 1 3 1YIavor's OfSce �� Mayor/Assisfant � 28-APR-10 l »c � � For i . , �� Routing i 4 Counc� �! CityCauncB ; Doc. Type: RESOWTION i Order � 5� itv Clerk I'� Cl'tv Clerk i — ! � �. E-Document Required: Y �ocumentContact: �ulieKraus ConWct Phone: 266-8776 Topl # of Signature Pages _(Clip All Locations for Signature) Memorializing City CounciPs Apri17, 2010 motion to uphold the decision of the BZA in this matter and deny the appeal of C}uis Ericksson to store vehicles and car parts on the property coznmonly l�own as 1400 Dayton Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission qB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/frm ever worked under a contrad for this department? Yes No 2. Ftas this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cunent city employee? Yes No F�cplain all yes answers on separete sheet and artach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Council is required pursuant to tlie City Charter to tiave its actions reduced to writing either in the form of a resolution or 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 wiht the Charter. Approving the resolufion fulfills the Council's duty under the Charter. AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financial Informatiorc (Explain) CostlRevenue Budgeted: Activity Number: April 13, 2010 3:27 PM Page 1 Appeal-1400 Dayton O N O O O ' k 'x � � � 5 ��i� �J �'s'' c� ., —� s -p u �.. C c -- } , � z - � h �,� e... � �y R ^ 0' � Q ;J�C �`T3 (''�� ^�� --i'" � � � � � fi � � � � -p P � '�' � t �� _ '', ti �� l_ 10-444 � � b 3 0 a Y C k � s h A � 0 R � b � } � �I � � n � 10-444 CITY OF SAINT PAUL Christapher B Coten:an, Mayor February 18, 2010 Council Research 310 City Hall St Paul MN 55102 Dear Mary Erickson: DEPARTMENT OF SAFETY AND SNSPECTIONS Bob Kess[er, Dmector COMMERCEB(/ILDlNG Telephonz 6J1-166-9090 8 Founfi Street Eas[, Suite 200 Fncsimile� 6�1-16b9124 SI Paul, �Ylinnesofa 55101-1021 Web. nniw s[oaul eov/dsr I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, March 17, 2010, for the following zoning case: Appellant: Chris Eriksson Zoning File #: 10 108989 Purpose: An appeal of a decision of the Board of Zoning Appeals denying an appeal of a decision of the Zoning Administrator that the proposed use of the property at 1400 Dayton Ave by Crosstown Auto for the storage of vehicles and car parts constituted an tllegal expansion of a nonconforming motor vehicle salvage dealership. Location: Staff: District: Board: 1400 Dayton Ave Recommended demal Recommended approval with condrtions Denied on a 6-0 vote I have confirmed this date with the office of Cowicil Member Melvin Carter. My understanding is that this pubhc hearing request will appear on the agenda of the City Council at your earliest Convenience and that you will publish notice of the hearing in the Samt Paul Legal Ledger. Thank you! Sincerely, John Hardwick Zonmg Spec�alist FOTtCE OF PUSLiC HRARIIRG 7he Saint Pdtil IXty Counpl wfll < duct a public hearin� on Wednesday, 11 ch 17, 2A�0 in the �ty Coundl C:hamb Third Floor, Clry Hall-Court House. West Kello�g Boulevard, to consider auneal of �5ris Edksson to a decisice an Lf3toi [�13t �le j1iOPO5Cd uSC OT Tlle_PtOQC1'- ty aY 1400 Dayton Avenue by GY�assCawn Autn #or the stvrege of velricles and car pyrls constituted an 911ega1 expansion of a non-conformin� motor vehicle salva�+e AA-ADA-EEO Empioyer Assis�t Citp,Councll Secretary Dated:February22,2010 � � .' (Febrnary 25) - — 5[.PAlu.id�(cMi.IFDCd�'R � � 222&4798 lJ � 135 r APPLICATION FOR APPEAL Deparhnwat of Safety and Inspections 375 Jackson Siree� Suite 220 5aint Pau� MN SSIOI-1806 65I-266-9008 APPLICANT iVame ��'�! 5 �('�'!c 5$ CSY� Address j� S ()rma din/,C S I� �-- City 19�r St.A�Zip 553s j 1 Name of owner (if different) ��.��SS�M PROPERTY I Address U/- C'�1 LOCATION Legal description: sheetif • TYPE OF APPEAL: Application is hereby made for an appeal to the: � Board of Zoning Appeals '� City Council under the provisions of Chapter 61, Section , Paragraph of the Zoning Code, to appeal a decision 1�-444 � made by •[]ii:� � File number: GFd�'.9[dCS FGR AFTPEAL: Explain why you feel there has been an error in any �equirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. � �� a �� addifional sheet if � Applicant's Date� � � ,-�- i� � �� `�` � -� 1 .� j, 7 /id Zoning; office use"onry ' Grounds for Appeal 1. The use will not be detrimental to the ezisting character of development in the immediate neighborhood or endanger the public health, safeiy or general welfare 2. The Union Park District Council Supports the use 3. All the pronerty owners cvit��n 1�'0 izet suppart 4he ase 4. Storage and Warehousing is a permitted use in an I-1 district 5. There will be no dismantling of cars on the properly 6. Parts will not be sold from the property 7. The property will not be open to the public � 8. There will be no mechanical activities done on the property � 9. Traffic will be minimal and similar to principal permitted uses (storage and Warehousing) 10. The use is not first permitted in a less restrictive zoning district i �-- 10-444 � �� : � __ � " �-. . � • � • � � - i � � � . • . . � � ��Il� j�-A � r� �� UP7IONPAAKDIS7WCTCQUNqL 3£7Q Cancardia �3r-enue, Suit� I.LIQtJ, SaintPaui, Z4� SSIO�# � ll� �`¢ �(i p 65F-645-6$$? �� b51-917-9191 [ e info@uaionparkdc.o� � w�vw4v.unionparl�c.arg February 8, 2010 John Hardwick, Zoning Inspector Boazd of Zoning Appeals 375 Jackson Street Suite 220 Saint Paul, MN SS10I Dear 3ohn, The Union Park District Council's Land Use Committee on January 26, 2010 reviewed Chris Eriksson's appeal of the decision of the Zoning Admiuistrator that the currant use of his properry at 2400 Dayton Avenue is a motor vehicle salvage operation wIuch is not pernutted in the I-I Industrial District. The Land Use Committee felt that the proposed use of the properiy was wazehousing and was not a motor vehicle salvage operakon, and voted to support the applicant's appeai. Tke Union Park Disirict Council $oard of Directors, at its February 3, 2010 meeting, voted unanimously to support NIr. Eriksson's appeal of the zoning adnrinistrator's decision as long as the following conditions that were part of the applicant's grounds for appeal aze met; 1. There will be no dismantling of cazs on the property. 2. There will be no mechanical activities of any sort on the property. 3. The property wi11 not be open to the public. 4. Parts will not be sold from the property. 5. There will be a limit of 20 to 30 cars parked outside tke building. Again, the Union Park DistricT Council felt that the proposed used of the property is not an expansion of a motor vehicle salvage operation, but rather is wazehousing which is pemutted in this zoning district. Thank you for your consideration. Respectfully, Roger Bromander, Executive Director Union Pazk District Council 1570 Concordia Avenue, LL100 St. Paul, MN 55104 651-645-6887 ro� er(c�unionparkdc.org � i � • 10-444 • From: LaMott, Erk E. [mai{to:LaMott@csp.edu] Sent: Wednesday, January 13, 2010 1:51 PM To: Eriksson, Chris (Waycata West, MN) Su6ject: RE: 14�� Dayton Ave Chris We have no problem with your change in use. 1 would assume appropriate screening would be in place where necessary. let me know if you need anything else for your initiative. Sincerefy, Eric E LaMott Eric E. LaMott Ph.D. Vice President for Admir,istration Professor of Kinesiology Concordia University, St. Paul 215 Gangelhoff Center 275 Syndicate St. N. St. Paul, MN 55104-5494 (651) 641-8729 (office� {651) 641-8787 (fax) lamott(c�cso.edu � htto:/lhomepa¢es cso edu/iamottl • s FICE 4 )BItE` 36 I493 :qX 445535 k�A�..I3d�. & �C}��°s, IRt�. �3�u1- �9ta'iR4�GR4 E56L O0.YTON0.l�, � ST. 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'� S a;;�' ��-ti' �S;fi�" z k `:x 1 s.3st � ' - . b y c°. '� � x .�� ' ""yi � � � ��`� ^� x'� � - �ti` a r. � ! >� !. [ j Cz }' °� �� i ",� `€ � ; Ex � # s � �� } V � � + s r . v i t � �� ; �z i' i t '� ° '%` � - �+r,i - t _ -J ,. } .. €..�. � [�.' . . ' � 4 t ( ,. � ,_ _, � , - ; _ .,., . . , , � ' _ : _, ' , . ' . ., , : . .F -� s �� ... , i �(, + � '� �, ¢ 3 of 3 � � � � -� � 1 : t/ , } - � ...I' r 3 � � � ::� ':1�, i i- { 't f r �: � �� _ 1 , _ � �y: f � E :� j e �.�' I '�.` 3 �=; � ._. r ! ' � i } s �_ � ' � ` � .; : � � t - 3- -- � - � _ i � � �� _ � , � � ,, � , r-- ° i � _ �� ; � i � � i_ I � � -' , > � �. j" i i ; I i. I . � � .� F.:i i I j � : ��.� ., i __ � i� t ' 3 _�.F,— � 2 � 3 � i' �i �-� 1 � ' j a � F �— � s '< i t = � � i { � � i � — : t . ��". i � i ' � � , �� . ( � f ; � 1 � t ! } � � � � �' � ` � i ' ' ( r � j � r 3 � ' : J r�l___ t - �-� � � � , � ; ! ��,� , 3� �' � - ; � , 1 ; ° � + i-,,:��. � `� � �� I_ _��_� � (- � ; � ; � 10-444 � Crosstowzt Auto �-" Used Auto Parts & Used Car Safes 1440 Mat5ball Aoe. .�',t. .P2nI, MN �5104 '�'olt Free: (300} 7U1-1102 Phone: (651} b45-7715 Fag: (b51} 645-Si33 January 27, 20 i Q � .. Chris Eriksson Erifcsson family Properties 1?_7_5 t�rnno C�aks prive Orono, MN 55356 :-^:�� : :::s�- ,.� . � We approve the use of 1400 Dayton Ave as a sforage facilify for used auto parfs and automabiles. We understpnd 9hat there will be 20 to RO cars parked on the parking lot at pny one Pime. Some of the cars may be inoperable. We also understand thot there wili be no dismprttling ot autamobiies on the premises. � � � � � �3 t � ��u`�, Russ Payn� Crosstown Auto � VI n .lanvary 27, 2010 Chris Eriks;oti Erksson family prapertles 1225 Orano Odks Drivp Orono, MN 55356 We approve fhe use of 1400 Daytan Ave qs a stomge fo�ility for used auto pctr}s and autamvbiies. �Ne understand that ihere wi�� bs 20 to 4p c�� pqrked on fhe pqr(dng tof qt any one time. Some oP the cars may be inoperable. We also understand thot there wiA be no dismanifing of Qutomobiles on the premises. � 1.' �liyl► ,,,.. .� ,� ► 10-444 � BOARD OF ZOL�TIlVG APPEALS STAFF REPORT TYPE OF APPLICATION: Adulinistrative �2eview FILE #10-010842 APPLICANT: HEARING DATE: LOCATION: Chris Eriksson February 8, 2010 1400 DAYTON AVENUE LEGAL DESCRIPTION: BOULEVARD ADDTI'ION SUBJ TO AVE & ESMTS;VAC ALBERT ST ACCRUIIIG TO LOTS 1& 23 & VAC DAYTON ST ACCRLTIN.G AS VAC IN DOC NO 1825657 & FOL; PART, LYING SELY OF A 30 FT WIDE SPUR R/W, OF LOTS 4 THRU 6& OF LOTS 9 THR�tJ 11 & OF LOTS 16 THRU 18 & ALL OF LOTS 1 THRU 3& LOTS 19 THRU LOT 23 BLK 6 PLANIVING DISTRICT: 13 ,J PRESENT ZOIVING: Il ZONING CODE REFERENCE: 61.106 & 61.701 REPORT DATE: January 25, 2010 BY: John Hardwick DEADLINE FOR ACTION: March 2, 2010 DATE RECEIVEA: January 21, 2010 A. PURPOSE: An appeal of a decision by the Zoning Ad.uiinistratar that the proposed use of the property at 1400 Dayton for storage of car parts and vehicles is accessory to the neazby motor vehicle salvage operafion which is not a permitted use in this Il, Industrial zoning dishict. B. SITE AND AREA CONDITIONS: This is a large irregular shaped parcel with frontage on Dayton and Selby Avenues. 5urrounding Land Use: Northwest: Il West: Raikoad and B2 South: Selby Avenue Bridge and Il Northeast and East: RTl — Concordia College ball field . C. BACKGROUND: This properiy has recently started to be used for the storage of cars and cazparts. � Page l of 4 File #10-010842 Sfaff Report A CODE CITATTONSi Sec. 61.701. Administrative appeals. (a) The board of zoning appeals shall ha�e the power to hear and decide appeals where it is alleged by the appellant that there is an enor in any order, requirement, permit, decision or refusai made by the zoning administrator in carryiug out or enforcing any provision of the code. � Sec. 61.106. Similar use determination. When a specific use is not listed in the zoning code, the zoning administrator shall issue a statement of clarificarion, finding that the use is or is not substantially similaz in character and impact to a use regulated herein. Such statement of clarification shall include the findings that led to such conclusion and shall be filed in the office of the zoning admiuistrator. If the zoning admuustrator finds that the use is not sufficiently similar to any other us� specifically listed and regulated in the zoning code, any person proposing such use may file an application for the planning commission to determine if a use is or is not similar to other uses permitted in each distdct. The zoning admiuistrator or planning - commission shall make the following findings in determining one (1) use is similaz to � another: (a) That the use is similar in character to one (1) or more of the principal uses permitted. (6) That the traffic generated on such use is similar to one (1) or more of the principal uses permitted. (c) That the use is not first permitted in a less reshictive zoning dishict. (d) That the use is consistent with the comprehensive plan. Sec. 65.910. Accessory use or accessory. A building, smzcture or use wiuch is cleazly incidental to, customarily found in connection with, and (except as provided in section 63300) located on the same zoning lot as, the princzpat use to which it is related. Sec. 65.843. Motor velucle salvage operation. Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts there from and which maintains a premises upon which to accumulate and dismantle such vehicles. �� • Page 2 of 4 10-444 • File #10-010842 Staff Report E. FINDINGS: In September of 2009 the Department of Safety and Inspections (DSp received a complaint that junk cus were being stored on the property at 1400 Dayton Avenue. A representative from the Departulent contacted a representative of Crosstown Auto which operates a motor vehicle salvage dealership at 218 Pascal Street South. They stated that they were proposing to use the subject property for the storage of cars and caz parts. According to the representative, some of the vehicles would be operable and some inoperable. He further stated that since storage was a pernitted use in the Il district the proposed use should be allowed. The Zoning Administrator determined that this would be an expansion of the motor vehicle salvage dealership which is a nonconforming use in an Il zoning district and therefore is not a permitted use. The same representative then reapplied stating that he was now representing a company called SP Holdings LLC and requested a statement of clarification regarding the proposed use. SP Holdings was formed on October 30, 2009, imxnediately after Crosstown's request was originally denied and appeazs to be connected with � Crosstown Auto. Even though Crosstown was not technically the applicant anymare the effect would be the same. This appeal is now being brought forth by the property owner of 1400 Dayton Avenue. 2. An integral part of a motor vehicle salvage operation is the storage of parts and vehicles. Even though the appellant states that there will be no dismantling of vehicles or retail sale of parts at this location, leasing space next to a salvage operation for the storage of parts and vehicles amounts to an e�ansion of that business. It would be no different than the dealerslup buying abutting land and expanding the storage yard. Crosstown Auto has been hying to distance itself from the activities going on at 1400 Dayton Avenue since they were told that storing of parts and vehicles at the site would be an illegal expansion of the salvage yard. Apparenfly, they formed a dummy corporation to lease the space and most recently the property owner is now continuing the azgument that this is just typical cold storage with no connection to the salvage operation. 4. Wazehousing and storage is a permitted use in an Il zoning district, however, not when the material being stored constitutes an expansion of a nonconforming use. For instance, widgets could be stared in a building as long as those widgets were not being stared to extend or expand the capacity of a nonconfornung widget • manufacturer. In this case it is clear that this is not routine storage but storage intended to expand the salvage operation at 218 S. Pascal Street. �' Page 3 of4 File #10-010842 StaffReport F. DISTRICT COiTNCII, RECOMMENDATION: As of the date of this report, staff has not received a recommendation from District 13. G. CORRESPONDENCE: Staff has not received any correspondence regarding this matter. H. STAFF RECONIR�NDATION: Based on &ndinb 1 througl� 4, staff is recomznending denial of the appeal. � . 1� l Page 4 of 4 �% ��'� 10-444 ��.�'�5. �o '�.�:�� . �: �� .: �s.�.f, • I�l APPLICATION FOR APPEAL : �A�� ::''_• ZpiC Deparhnent of Safety and Inspections 375 Jackson Street, Suite 220 Saint Paul, MN SSI01-Z806 65I-266-9005 APPLICANT Name C hr� S 'L�� k sa r� Address iaas OC'ona Oc.1CS ►.'�, fiV-� City Drvr.o St. MN Zip 5'.�35 paytime phcne q5a-�l?loSCo�f/ Name of owner (if different) r _ , �__ _ _ , � �� `�a'' PROPERTY Address � t7a� � �JQ IOCATION Legal description: _ � TYPE OF APPEAL: Application is hereby made for an appeal to the: � Board of Zoning Appeafs � City Council under the provisions of Chapter 61, Section , Paragraph of the Zoning Code, to appeal a decision madebythe_Zoninc, /�dn��hir�l LorSnh2 T,'ll* �i on No�emb$� �7 , 200�. Filenumber: (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusai made by an administrative official, or an error in iact, procedure or finding made by ihe Board of Zoning Appeals or the Planning Commission. StG q�}a.C.� additional sheet rf • ApplicanYs signature� Date 3 � a City agent �� F .. � _ � � � . Groundsfor Appeal The grounds for my appeal aze that storage and warehousing is a permitted use in an I l disfrict. Corinne Tilley has based her decision to deny my use on the fact that the items being stored would come from auto salvage business. I do not agree with her opinion for the following reasons: 1. Wazehousing and Storage is a permitted use in an I-1 industrial district 2. There will be no dismantling of cazs on the property. 3. There will be no mechanical activities of anq sort on the property. 4. The properiy will not be open to the public. 5. Parts will not be sold from the property. 6. Traffic will be minimal and similaz to principal permitted uses (Storage and Warehousing}. . 7. The use (Storage and Warehousing) is not first permitted in a less restrictive zoning . district. 8. Under the current zoning classification, the proposed use (Storage and Wazehousiag) is consistent with the comprehensive plan. For informational purposes I would like to point out case number 9-2 1 1 1-1 3 1 69-3 Tlus was an applicafion for a Recycling Processing Center in Saint Paul in an Il disirict under findings of fact #5 the city states that "The property on which the business is located is zoaed I-1 Indush and woutd aIIow the coIIection and storage of auto parts, but would ttot permit any type of auto salvage." Ia tkis exaazple the ciry is making a distinction between the collection and storage o£ auto parts and auto salvage. This is relevant to my property; there will be NO auto salvage operations on fhe premise. Howevar I am proposing to store auto parts in the buildittg and about 20 to 30 cars inside the building and 20 to 30 cars outside on the parking lot. I have attached the case for your review. Thank you for considering my appeal Chris Eriksson • �� I�:. ) �, ,. � �. � f��AA CITY OF SAINT' Q�}[J�., Chrislopher B. Co(em.en, Mayor �Tovember 17, 2dQ9 Mz. Brian J. Taurinskas 320 Bremer �ank Building 633 5outh Cancord Street PO BOx 665 Sautfi St T'aul NTN 55Q75 RE: Proposed use of 1400 Daytpn Avenue llBSi' MY. �.��2llClfl5k23, 10-444 -'°- � ' ��"' f7EPARTMF.NT C7F SAFF.TY AN7 TNCPFCTff1NC / U Bvb Kesst�, Direcror 3757ackronStree;Sut�zz0 TeZepilOre: 6TI-ZC6-9D9U S1Pw.r�;tr�vresomS510t-18G6 Facstmit¢: 657-266-9114 Web: tv�m�_emau{.,,�ovldsi This Ietter is in resPonse to yout' Yecont raquest for zqning nppxoval regarding SP Holdings LLQ Oronoco's (subsidiary of Crosstnwn Auto Znc} praposaI ta stare parts and temporsrily park automobiies at 140Q Dayton Avenue_ Tttis property is lacated in an Il light industrlal zoning distriak You stated that the proposed parts and automobile sEOrage is similar to a wazehouszAg and storage use, so the operationyou propose should be permitted in zoning dishicts where warei�ousing snd sfcrrage ara parmitted. Zoning Code Section 61.10G permits an individuai to request a statement of elarificarion when a sgecific use is not listed in the zon'rng code. Under tI�as provision, the zoning administrator shall issve a sffitemern of ctari�cation �nding that the use is or is not sqbstantially similar in charactet and impact to a use that is tisted in t}7e zo+�ing code based on cer[air� xequii'ed findings. The fendings 2z�e as folIowS: (s) T�at the use is simil&r in chara�ekex to une (1) ar mare pf the p��e►pal Uses permitted. This requirement is not met, The proposed vse is similar to a mptor ve1,i le alt�a e o erstion. A xztc4or ve�icle sa[vage operation as de#'itted iat tlie Zoning Code under Seeixan 6.843 is: °`Any business whase prineipal activiry ig to obtain used motor vehicles to saivage and se11 asable parts tI�erefrom and whic$ maintains a premise upan which Co accumulate and dismaotie such vehicIes" • Xou said that'Chhe wateliausing and stotage af motor vehide parts and vehze�es will operate in the same Way as any ofl�er buszness tbat would rent a space to store their praduct Yau cantinued to state that tite items 6eing stozed at 1400 Da�ton Avenue wilI eome from an entity that opexates a motor vehicie salv e business. Therefore, the motoc velucle saiva e uperxfiun wvuld be considered the �z�e�pa use ofT1]e premises. t#1tkloug� warehousmg an orage principal uses are permxtte zu tha II and F2 zbning dishict�, it ap�eats that the propasal to store parts and tempararilg park avtomobiles is an expansion pf an existing motor vehicte salvase operation. An F,.qttal �sportunity Exrtploycr ,� Mr. Jim Tacmnskas Page 2 Novernber I7, 20d9 In addition, you stata in yvur letter that t�mporary pa� or operable} on the outsidc will ocas at tius sits. If a aad o ttiis ase wauld be eIassified acees must have a prinaipal use to considered accessbry. use appears to he is an auib salvage operatian. � ��1�� of autamobiles (inoperable case, the nnly principal (f�) That t6e traffiC generated on such qse is similar to ane (Z) Or mbre a£the Qri�zcipal use,v permitted. Tiris requiresueat is nat met The ua't�ic genexated by ttiis proposed nse woutd be more similu to a motor veivde salva�e operdtion. (c) '�at the use is npf fust permitted in a]ess restitctive zoning disttict, This reqnuement is not met NEotur vahicle suivagc is fzrst pennittcd in au I2 geuerai indu: [rial :wning disGict 'ilierefore, tfiis use ts fnst peimitte� in a Iess restrictive wning disirict (d) �at the use is consistent with tJte mmprehensive plan. 'Undcr the curreut wning ctassification, r,he propased usa (moior vehicle salvagej would not b� consistent with the Comprehensive Plan. It is our determmation by flais statement v£clarifiaation thaz based on the aforementionied fmdings; tlie use of this property is not sufficienfly similar in character to a principal use permihed in an I1light iseduslriitl wning dis�ict We IIttd r.haz the proposed use is atz expatision oftUe motor vehicFe satvage operation. Thexef'ore, we can not approve your request If you believe tius determination zs made in e�ror, you may appeal to tha Board of Zanmg ,A.ppeals wrth}rz ten days as nravided for in Zoning Section 6l.701 _ Regaz�ds, Cormn�� f DSL fnspee4or — Zoneng " C.�py: 7ohn Flardwiak,l7ST Zoning Patricia Jameg, pED Seuior Planrter I]isttict 13, Union Psrk pislriat Counoii � �. � � 10-444 Page 1 of 9 -�_.'°, �:. �.., 9-2111-13169-3 ��)� OFFICE OF ADMINISTRATIVE HEARINGS STATE OF MINNESOTA FOR THE CITY OF SAINT PAUL In the Matter of the License Application of FIIdDINGS OF FACT, Glen E. Berhow d/b/a G.B. Core, Inc. CONCLUSIONS OF LAW AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Phyllis A. Reha at 9:30 a.m. on October 12, 2000 in Room 220, St. Paul City Hall, Ramsey County Courthouse, 15 West Keliogg Boulevard, St. Paul, Minnesota. Virginia D. Paimer, Assistant St. Paul City Attorney, 400 City Hafl, 15 West Keliogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, Inspections and Environmental Protection (LIEP). James A. Yarosh, Attorney at Law, 1300 Washington Square, 100 Washington Avenue South, Minneapolis, Minnesota, 55401 appeared on behalf of the Applicant, Glen E. Berhow, d/b/a G.B. Core, Inc. The record closed on November 7, 2000 with the receipt with the last post-hearing submission. � NOTICE This Report is a recommendation, not a final decision. The City Council will make the finaf decision in this mattes, after its review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendation contained herein. The Council will consider the evidence in this case and the Administrative Law Judge's Recommendation, but will not consider any factual testimony not previously s_ubmitted to and considered by the Administrative Law Judge. The Licensee wil4 have an opportunity to present orai or written arguments regarding its position on the Recommendation of the Administrative Law Judge in the application of the law or interpretation of the facts and may present argument related to its position. Parties should contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102 to ascertain when the Gouncil will consider this matter and procedures for filing exceptions or presenting arguments. STATEMENT OF ISSUE The issue in this matter is whether the City shoufd grant a Recycling Processing Center License to the Applicant, Glen E. Berhow, d/b/a G.B. Core, Inc.: Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. G.B. Core, Inc. is a company that purchases used engines, transmissions and • catalytic converters and seiis them to remanufacturing companies throughout the world.� 2. The company has been in business for over 12 years and has its corporate headquarters in Green Bay, Wisconsin. �/� � n i :av � - •� , _. � .. 3. G.B. Core has operated at locations in St. Paul for several years receiving goods for inspection, processing the goods and shipping them to its Green Bay headquarters � � 4. In the Fall of 1999, G.B, Core purchased property at 500 Bush Street in St. Paul and moved its business operations to that site.� 5. The property on which the business is located is zorted I-1 fndustrial, and would allow the collection and storage of auto parts, but would not permit any type of auto salvage. � G.B. Core does not operate a salvage operation. 6. 7he existence of t(�e business first came to the attention of St. Paul Office of License, inspection and Environmenta� Protection ("LIEP') when they investigafed a complaint concerning alleged auto salvage activity on the street in front of the property. The zoning administrator advised those present that they could coinplete the operation but that no additional activity would be allowed in the building or surrounding property until zoning, licensing and building recertification issues were resolved.� 7. The Applicant was advised in a letter dated December 2, 9999 that it could not operate until a Iicense was issued. After the Applicant advised LIEP that the nature of the business did not include any type of auto salvage, staff of LIEP advised fhe Applicant that it was a practice of the Ciiy to allow a business to operate while a license application was pending � On December 10, 1999, Lawrence Zangs of LIEP sent a letter to Glen Berhow, the President of G.B. Core stating that G.B. Core needed to obtain a business license for a� recycling action center. Zangs indicated that the property was appropriately zoned for G.B. Core's use. LIEP determined that a Recyciing Center License was the type of St. Paul City Ordinance license, which best fit G.B. Core's business.� 8. The Applicant submitted an application for the Recycling Center License on January 3, 2000. 9. The Applicant was notified by letter dated March 9, 2000 that LIEP still needed some information for the license application, including a copy of the lease or purchase agreement for the property, a copy of the State of Minnesota tax ident�cation number certificate, and a signed copy of conditions being proposed for the license. The letter aiso included the following statement: "If you wish to continue to operate your business, you must submit the aforementioned requirements by March 20, 2000.� 10. The Applicant agreed to the placement of the following five conditions on the license: (1) The coUection and processing of parts, for shipment, shall be cQnducted inside the building. (2) The business operation at this licensed premise should not be in the manner of an auto salvage use. (3) There shall be no e�erior storage. (4) The handling and storage of vehicle fluids, batteries, etc. shall be in • accordance with the Ramsey County waste regulations. (5) The dumpster must be stored on the property and not in the alley, street, � l �� 10-444 ' 3 � -�I�g �-- • on the public sidewalk. 12 11. A copy of these license conditions was signed by the Applicant on March 13, 2��0, and fhe license was considered complete and proceeded forward. 12. The Applicant agreed to a sixth condition after a public hearing, which limits the business hours of operation from 7:00 a.m. to 7:00 p.m. The sixth condition was signed on August 17, 2000.� 13. A Recycling Coliection Center License is a Class N License which requires notice of the license appiication to be sent to properties within 300 feet of the proposed location, and the District Council or neighborhood organization, and allow them an opportunity to object to the license.� 14. Notice was sent by LIEP to the properties and the District Five Planning Council. LIEP received several objections from property owners and the District Five Planning Council. � A hearing was scheduled before a Legislative Hearing Officer on May 10, 2000, and then rescheduled and held on August 17, 2000.� 15. The Office of LiEP summarized the ficensing appiication for the Legisfative Hearing Officer, and recommended issuance of the license with six conditions. These were the five conditions initiaily signed by Applicant and the additional sixth condition added afiter the hearing on August 17, 2000. � 16. Objections were raised at the hearing to issuance of the license by the District Five Pianning Council based upon the foilowing afiegations: 1) that the Appiicant was operating before the license was issued; 2) that the Applicant was illegally disposing of hazardous materials; 3) that the Appiicant was doing work on the buifding without permits; and, 4) that engine and auto parts were being left outside of the building, in violation of one of the proposed conditions. A neighbor objected to issuance of the license because the business was operating without a license, was doing building without permits and was illegally disposing of hazardous materials.� 17. City Inspector Christine Schweinler, who determined no violations existed, investigated the objections and complaints. Schweinler referred the hazardous material complaint to Ramsey County. Typically, if there were a violation of County environmental regulations, Schweinier would hsar back from the County. With respect to G.B. Core's operation, Schweinler never heard back from the County. 18. Mike Cimmaglio, an Inspector from the Ramsey County Department of Public Health, Environmental Health Section, visited G.B. Core's property. Mr. Cimmaglio informed the Applicant about the hazardous waste management plan which requires a business to store and label used oil containers according to the inspection reports and requires regular reporting by the business.� 19. G.B. Core, at the suggestion of the City's fire inspector, placed the drums of used oil it collects in the ordinary course of business on a platform so as to avoid any • possibility that oil could spiil on the floor.� 20. Neither Schweinler nor Zangs were aware of any complaints about the Applicant at any prior addresses.� ' � - '��az!d.:.� �� m... 3�. �__ ` 1 . 21. Before alteration to the building, the Applicant asked the City whether it needed a building permit. The City informed the Applicant that no permit was necessary for the type of . alterations it intended to make. After the August 17, 2000 public hearing concerning the license, the Applicant checked with a City building inspectar to assure himself that he would not need to obtain a building permit. The building inspector informed the Applicant that to be on the safe side he should obtain a minor building permit. G.B. Core obtained the permit. The Applicant was not charged with any type of violation of building permit requirements.� 22. With respect to the auto parts and other debris being left outside the building, 5chweinler, upon her visit to the property, did not observe any auto parts or garbage outside of � the building.� 23. It is common knowledge among City officials that illegal dumping of garbage is a problem in that area of Saint Paul. The Appiicant's employees maintain clean premises and appropriately dispose of garbage dumped on its property.� 24. After a review by the relevant departments within the City, the City stafF recommended approvai of G.B. Core's recycling Collection Cenfer License. 25, The Legislative Hearing Officer sent the matter to the City Council on September 6, 2000 with a recommendation that the license be issued with the six proposed conditions. The City Council sent the matter to be heard before an Administrative Law Judge from the Office of Administrative Hearings. 26 26. Notice of the Hearing was sent to the Applicant and to a number of � neighborhood groups, including the District Five Planning Council. 27. The LIEP staff continued to recommend issuance of the license with the conditions proposed, and which Applicant had agreed fo. The LIEP sfaff defermined fhat they determined the appropriate type of license for the business Applicant intended to operate, and that the Recycling Processing Center License is fhe closest licensure appropriate for fhis business. 28. Bruce Sylvester, a paid staff person for the Districfi Five Planning Council, and Troy Trooien, whose home is directly adjacent to the property, both testified at the hearing in opposition to the license. The opposition is consistent with the previous opposition submitted to the Legislative Hearing Officer. Mr. Trooien further recommended a number of additional conditions, including the follow':ng: (1 } Keeping a cover over the scrap meta( dumpsfer; (2) Requiring the Applicant and all employees to undergo training in the storage and disposal of hazardous waste; (3} Making unannounced inspections by fhe neighborhood councif; {4) Requiring the Applicant to post a performance bond; (5) Requiring the Applicant to construct a fence around the eastem portion of the properfy; and (6) Requiring the Applicant to keep the dumpster locked during non-business • hours. 27 29. John Londino, a neighbor to the properly, also testified in opposition to the � .LJ ¢ � _ �.5 � :; u�`�.'�, _� _�.._!.` license. He is concerned that the business is not operating within the hours set forth in • the conditions. He is further concerned that the trucks delivering auto parts to the property have blocked the road on at least two occasions per month sometimes for hours at a time.� 30. The neighbors registering compiaints do not object to G.B. Core's use of the property, but believe that the Applicant is of unfit character.� Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council of the City of St. Paul have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and St. Paul Legislative Code § 310.05. 2. The Notice of Hearing was proper in all respects and the City has complied with all other substantive and procedural requirements of faw or rule. The City provided Notice of the Hearing to the property owners and neighborhood organizations for the area in which the business is located. 3. The City has authorifij to grant licenses and the Applicant has not challenged its determination that a Recyc{ing Coflection Center ticense is the correct license for this business. 4. The City may impose reasonable conditions on a business license for the purpose a of promoting public health, safety and welfare.� 5. The Applicant has agreed to six conditions that were recommended by LIEP. 6. The Applicant has the burden of showing that he is entitled to issuance of a license. The Record supports that the property in question is properiy zoned for the type of business conducted by the Applicant; that ail the necessary approvals have been received from the City; and, the Applicant has agreed to conditions on the license to insure compliance of local, county, and state statutes, rules and regulations, as weil as to deal with some of the concerns voiced by the neighbors. The Applicant has met its burden of proof. 7. The Record does not support the District Five Council's objections that the Applicant is unfit under St. Paul Legislative Code Section 310.06(b). 8. The suggested condition by Mr. Trooien that a cover be kept over the scrap metal dumpster is a reasonabie ona and should be considered by the City Councif as an added condition to the license. 9. The concern expressed by Mr. Londino about trucks blocking the street is a reasonable concern. Adding a condition requiring the Applicant not to permit trucks delivering parts to the business to t�lock the street preventing use by through traffic shouid be considered by the City Council as an added condition to the license. 10. The foregoing conclusions are made for the reasons set forth in the Memorandum which follows, is hereby incorporated by reference. Based upon the foregoing Conclusions, the Administrative Law Judge makes the � foliowing_ RECOMMENDATION �� `, hj il ' �"� i'� ii__ / _ _ � i IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT the Application by Glen E. Berhow d/bfa G.B. Core's Application for a Recycling Processing Center License • with the conditions as set forth herein. Dated this 19 day of December, 200Q. PHYLLIS A. REHA Administrative Law Judge Reported: Taped NOTICE If is respecffu(Iy requesfed that fhe City Council provide a copy of its final decision to the Administrative Law Judge by first class mail. MEMORANDUM A municipality can not deny an application for a license arbitrarily or unreasonabiy.� • Under the Saint Paul City Code, where the application for the grant of a Class N license meets all the requirements of law, and where there exists no ground for adverse acfion, the Director shall issue such license in accordance with law.� The Office of License, inspections and Environmentat Protection is recommending issuance of the license with conditions, based upon the review of the application, and approvals by zoning, licensing, fire and environmental health. The evidence establishes that the Applicant meets ail the requirements of law as demonstrated by the Office of LIEP's recommendation to approve the license. The matter was referred for hearing before an Administrative Law Judge based upon the objections of the District Five Planning Council and other neighbors who objected to the issuance of the license to the Applicant. The concerns of the neighbors and the District Five Planning Council is not the nature of the business, bui the character of the Applicant, who they believe "is not a person of the good moral character or fitness required to engage in a license activity, business or profession °� They also believe that the Applicant has engaged in a "patfern or practice of conduct or failure fo comply with laws reasonably related to the license activity or from which an inference or lack of fitness or good character may be drawn °U They assert that the Applicant has "faifed to comply with any conditions set forth in the license, or set forth in the resolution granting or renewing the license."� They further assert thaf "the license activity has created a serious danger to the public health, safery or welfare."� Finally, they claim that the Applicant has materially changed or permitEed a material change in the design, construction or configuration of the license premises w+thout... having first obtained � the proper building permits from the City." 37 � � W � �� r Cr .Y . ,. � Mosf of the concerns voiced by the neighbors or planning council representative are in the nature ofi unsubstantiated allegations. These can not be the basis for denying the Applicant a license. G.B. Core learned for the first time in December of 1999, that the City of Saint Paul required it to obtain a Recycling Collection Center License for its new location, despite having operated in the City of Saint Paul for severai years without any complaints. Upon learning that it needed a license, G.B. Core complied with the City's request and accepted the placement of six conditions on its license. G.B. Core has been operating continuously since it first learned of the licensing requirement. The evidence shows that City policy allows businesses requiring a license to continue to operate while appiying for a ficense. In fact, Laurence Zengs testified that the City had a difficult time deciding what type of license, if any, G.B. Core needed to operate at the 500 Bush Street location. After consulting with a senior license inspector, the Ofifice of LIEP determined that the licensing status ofi G.B. Core's business would require a Recycling Coilection Center License as it was the closest fit to the Applicant's business operations. On December 10, 1999, the City notified the Applicant of its licensing status; and, although the letter indicated that G.B. Core could not operate its business until it received its Recycling Collection Center License, Christine Schweinler stated that the inclusion of the statement in the letter was in error because the City does allow a business to continue to operate while it is in the process of obtaining a license.� Schweinler further testified that applying for and receiving a business license takes time and that the City gives businesses an opportunity to obtain a license and to comply with any required conditions. Thereafter on January 3, 2000, the applicant applied for the Recycling Collection Center License and agreed to five conditions. The applicant then agreed to a sixth � condition after a public hearing in August of 20�0. Prior to the public hearing, the City received two letters from citizens with concerns about G.B. Core's business. Specifically, the residents concerns included: 1) the business currently seems to be operating illegally without a license; 2) the business has disposed of hazardous materials (oil and fluorescent bulbs) in an illegal manner; 3) the Applicant has done work on its building without proper building permits; and, 4) engine and auto parts have been left lying outside of the building. Ms. Schweinler investigated these complaints and determined that no violations existed. in fact, Schweinler did not notice any debris outside of the building when she visited. The City acknowledges that illegal dumping of garbage frequently occurs in the area and the company testified that the applicanYs employees clean up and appropriately dispose of garbage that has been dumped on its properly. With respect to the concems of hazardous materia{s, Schweinler referred the complaint to Ramsey County and never heard back. She indicated that had there been a violation of County regulations she would have heard something from the County.� In fact, an inspector from the Ramsey County Department of Public Health and Environmental Health Section has visited the property and informed the Applicant that it appropriately handles hazardous wastes. With respect to the complaint concerning the building permit, this matter was referred to another department within the City. The City has not issued any violations of building permit � requirements. The Applicant did afiFrmatively contact the City Building Permit Department who informed the Applicant that it did not need a building permit to make the alterations to ifs buifding. Despite this advice, the Applicant did obtain a minor building permit for construction at the site. Based on these facts, it can not be determined that the Applicant has failed to comply� � �":-.e: � ' a� ti � ._, -....f�'_ _ with any conditions set forth in the license, or that its activities have created a serious danger to the public heaith, safety or welfare, or that it has done construction on the licensed premises without a proper building permit from the City. � With respect to the issue of lack of fitness or good character, there is no direct evidence in the record to support a finding that Applicant made any misrepresentations of material fact in its Application. Nor have the objectors established any pattern or practice of conduct for failure to compiy with laws reasonably related to the Iicense activity, or from which an inference of lack of fitness or good character may be drawn. The concern exprsssed by the District Five Council that the Applicant has been operating while the license application was pending, might appear to be a technical violation af the ordinance; yet, the testimony from the licensing and zoning inspectors was clear that they were fully aware that the Applicant was operafing, and it was nof unusual with fhis fype of license to permit • operafion wfiife the application was pending. In fact, the letter to Applicant dated March 9, 2000 from the Offiee of LIEP refers to the fact that Applicant can "continue to operate" the business if he submits the required information and the license application is considered active. Ms. 8chweinler testified that when she visited the site and observed work being done, she advised the Applicant to call to find out whether a building permit was required. This conduct does not rise to the level of "a pattern or practice of conduct, or a failure to comply with laws reasonably related to the license activ+ty." The evidence demonstrates, that the City allowed the Applicant time to make application and comply with its license. Some of the concerns expressed by the neighbors are fhat they do nof frust fhe Applicant. This is an irtsu�cient and ar6itrary reason for denying fhe permit. However, several of the concerns voiced by the neighbors and the District Five Planning Councii are valid concerns. The Administrative Law Judge has recommended that the City Council consider adding two additional conditions to the ApplicanYs license. Those • are: (1) that a cover be kept over the scrap metal dumpster; and (2) that the Applicant not permit any trucks delivering parts to the business to block the street and to prevents its use by regular traffic. The conditions that have been placed upon the Applicant's license and these added condifions presume thaf the App(icant will be inspecfed on a regutar 6asis fo determine compliance with the conditions on the license and that all relevant rules and regulations related to the operation of the business will be expected. Volations, if any, can then be acted upon through appropriate adverse action through fhe Oifice of LIEP. In conclusion, the evidence submitted at the hearing demonstrates that the Applicant is entitled to its Recycling Collection Center License. P.A.R. � Testimony of Glen E. Berhow, President, G.B. Core, Inc. � Id. � Id. u id. � • � � � • i � Exhibit 1, Testimony of Lawrence Zangs. U Testimony of �awrence Zangs. U Exhibit 1. U Testimony of Berhow, Schweinler and Zangs. U Exhibit 3. � Testimony of Schweinler and Zangs. � Exhibit 5. G �� Exhibit 6. u Id. � Testimony of Schweinler, Saint Paul Legislative Code Section 310.04 (d)(1). � 5 Exhibit 8 and 10. � Exhibit 9 and 12. 17 Exhibit 11 and 15. � Exhibit 15. � g Testimony of Schweinler. 20 Testimony of Fred Gonzales. � Id. u Testimony of Schweinler and Zangs. 23 Testimo�y of Berhow. � Testimony of Schweinler. � Testimony of Schweinler and Gonzales. � Exhibit 13. � Testimony of 7roy Trooien. � Testimony of John Londino. � Testimony of Sylvester, District Five Planning Council. 30 St. Paul Legislative Code § 310.06 (c). 31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925). 32 Saint Paul Legislative Code, Section 310.04(d)(1) � Saint Paul Legisiative Code, Section 310.04(d)(1); � Saint Paul Legislative Code Section 310.06(b)(6)c. 35 Saint Paul Legislative Code Section 310.06(b)(5). 36 Saint Paui Legislative Code Section 310.06(b)(7). U Saint Paul Legislative Code Section 310.06(b)(11). U Testimony of Christine Schweinler. � Id. U Testimony of Schweinler. � . ,.�� .�. _ � ,: y �,�.. �s - — _ ::.�:m�:,=. �� R�Ss_ Corinne Tilley Saint Paul Degartment of Safety and Inspections — Zoning Division 375 Jackson Street Saiat Paul, Minnesota SS I01 � RE: CROSSTOWN AUTO, INC_ INIBNDED USE OF 1400 DAY'FON AVE. ST. PAL3L Dear Ms. Tilley: � 4 :, � �-=, � r� > Please be advised that our office represents CrossYown Auto, Tnc. regarding the leasing of the proper[y located at 1400 Dayton Ave, St. PauE, Minnesota 55 t 04. My � client, Crosstown Auto, Ine_, has insnucted me to inform you of how iY intends io use this premises. Crosstown Auto, Inc. intends to use the properiy and warehouse at this address for cold storage of used automobiles aud automobile parts. My client estimates that it tvill store appm�nately 70 vehicles on this site, with approximatety 20-30 automobiles outside and 40 automobiles inside the warehouse. Many af the automobile§ wilt be operable and usad as storage for compaz►y vehicles; however, tfiere will be a certain number of stored, inoperable automobiles. Nane of the automobites d�at are stored on tiie premises will be crushed or stacked. My etienf atso intends to store miscellaneous automobile parts on this site; however, it has indicated that ail parts on the pmperty will be drained prior to storage and will only be stored inside the wacehouse. Parfs will likely be stored in containexs or on pallet racks. Parts may include engines, transmissions, alternators and tires. We believe fhis use to be wetl within the confines offfie zoning use designated for this pmperiy and request approvat from the Saint Paul Depaztrnent of Safety and Inspections — Zoning Division for this intended vse. Please contact me if you have any questions or concerns. Thank you. x: Crosstown Auto, Inc. ^(�� \f' - � ' - � - - P.0. BOX 605 A��"t=Y� SOUTH ST. PAItL, MIPINESOTA SW75 P. janties Taurinskas Oetober 1, 2009 otnea: �sst� ast-<rras 'AzsoennttresuwWisro�v - Facslmi[e:(651)4513967 ' @uuJFlED ADR NetrPfu L pJames�taurinskasiaw.eom $reari J. Taarinskas brian@tanrinskas(aw.com � SP X f0O' Li'X M' 1400 Dayton Ave, St. Paul - Site Pian Map 10-444 �: . �ti / r� USED PARTS STORAGE, PALLET RACKING, BOXES SINGLE OPERABLE COMPANYVEHICLE EMPTY SPACES, ISLES SINGlE JNOPERABLE OR OPERABLE COMPANY VEHICLE • Y ' � I srzsac svxnv crcxraa cas+ao Page 1 of 3 �,w . . �_ Corinne Tilley - Response to No tice of Intended Use - 1400 Dayton Aven �- � -- -- � From: Corinne Tilley To: Brian@taurinskaslaw.com Date: Friday, October I6, 2009 3:04 PM Subject: Response to Notice of Intended Use - 1400 Dayton Avenue CC: Zangs, Larry Brian, You informed us that Crosstown Auto Inc intends to use the property at 1400 Dayton Avenue for coid storage of used automobiles and automobile parts. At this time, DSI Zoning can not approve the intended use propose� for 1400 Dayton Avenue. If you have any questions, please contact me. Regards, Corinne A. Tilley DSIInspector- Zoning DeptofSafety & Inspections 375 Jackson Street #220 Saint Paal, MN 55101-1806 P:651-266-9085 F:651-266-9009 corinne.tilley�a�ci.stpauLmn.us »> On Thursday, October 15, 2009 at 9:47 AM, in message <4AD73615.l020107@TaurinskasLaw.com>, "Brian J. Taurinskas" <Brian@taurinskaslaw.com> wrote: � Ms. Tilley: Please advise as to the status of this matter. Thank you. Brian Taurinskas wehsrte � email � mao Brian J. Taurinskas Attorney Taurinskas Law Firm, P.A. 320 Bremer Bank Building 633 South Concord Street South St. Paul, MN 55075 � !� `T file:!lC:�Documents and Settin�s\fillevco�L,oca1 Settin�s\Temp�'�rpwise\4AD88B63mai1... 1/27/2010 1 .. �. '•, � Ms. Corinne Tilley Saint Paut Department of Safety and Inspections — Zoning Division 375 7ackson Street Saint Paul, Mimiesota 55101 RE: SP HOLDINGS, LLC ORONOCO INTENDED L3SE OF 1400 DAYTON AVE. ST. PALJL 10-444 ^"_ Y. �4 1� r @jr.. I y buu tn o�. rnv.. n,u............�.._" _ � Dear Ms. Tilley: Please be advised that our o£fice represents SP Holdings, LLC 4ronoco regazding the leasing of the properly located at 1400 Dayton Ave, St. Paul, Minnesota 55104. My client has instructed me to inform you of how it intends to use this premises. SP Holdings, LLC Oronoco intends to use the warehouse at this address for cold storage of used automobile parts and temporary parking of automobiles on the outside. s � I haue attached a site plan describing how parts will be stored inside and the location of parked automobiles outside. This plan has been reviewed and approved by the Captain of Firehouse #141ocated on Snelling Avenue. There will be no automobile storage outside. We believe this use to be well within the confines of the zoning use designated for this properiy and request approval from the Saint Pau] Department of Safety and Inspections — Zoning Division for this intended use. Please contact me if you have any quesrions or concerns. Thank you. ca SP Holdings, LLC Oronoco ��r�' i�� : ` , � �t�,�;��, . _ . - P. 3atnes Taurinskas �� ttome P. James TalltfllslC3s � OfEice: (651) 451-9743 •Atso:wnrm�eozvwiscoxsiN November 3 � 2�09 Facsimile: (651)451-3467 � °QpatU'1eo,qDgNPVraat pjames@taurtnskaslaw.com $Ilan I. Tauriit$ka5 brian@taurinskaslaw.com Date: November 09, 2009 l�le #: 04 - 279620 Folder Name: proposed storage location for Crosstown AuYo PIN: 032823210019 ��,...s��-� ; d �� __ .m.. �� - '- / ± I � �(�i � _ -- - - 10-444�� :�� z /__ � li . � Ing Num6er. :G-08327-2 .. EnthyType: Lim@ed Lia6ii@y Company ginal�ateafFiling: 10L�2�9 E�tyStaWS Actisa 81y�atem6[pire: Cfiapfir. 3228 od SYanding: ite of last annual filingj me: SPHaldingslLCOronoco 9isfered O(fice 4101 st 5[r SE Box 148 dres: Oronoco, MN, 59W me State: MN I�� Name: Nv Agen� Filed - ,..AptlitionalEntilyDefa� ., ,,,,ReNmMSeardiLisl.,,,� ,,,(JerrSeerch � Use Mihis sde and services i�dicates your acceptanca afthe Terms & Condrtions of Use. �oovriaht RN7 , Minnesota Ofice of the Secretary of State. All RigMs Reserv'ed. � �Y, �� I l I3 � 200�j' 1 �i V v-_ �s v. j _ . _ DEPARTMEN'P OF SAFETY AND INSPECPiO ' �p� ��`/� Bob Kessler, Director V 7 ,,.,r�r id!"F_I '� �� CITY OF SAINT PAUL Christopher B. Colemma, Mayos November 17, 2009 Mr. Brian J. Taurinskas 320 Bremer Bank Building 633 South Concord Slreet PO Box 605 South St Paul NIN 55075 RE: Proposed use of 14Q0 Dayton Avenue Dear Mr. Taurinskas, 375.7ackson Stree; Suite 220 Telephone: 651-266-9090 StPaazT,Minmsota55101-1806 FacrimiTe: 65I-266-9124 Web: www-sroauiew/dsi This letter is in response to your recent request for wning approval regazding SP Aoldings LLC Oronocds (subsidiaty of Crosstown Auto Inc) proposal to store parts and temporarily pazk _ automobiles at 1400 Dayton AVenue. This pmperty is locaYed in an Il light industrial zoning distriat You stated that the proposed parts and automobile storage is similaz to a warehousing and storage use, so the operation you propose should be permitted in zoning districts where wazehousing and storage aze pemutted. � Zoning Code Section 61106 permits an individual to request a statement of clarification when a specific use is not &sted in ti�e zoning code. Under tlus provision, the zoniag adminislrator shall issue a shatement of clarification finding that the use is or is not substantially similar in character and mipact to a use that is listed in the zoning code based on certain required findings. The findings are as follows: (a) That the ase is similar in cfiaracter to one (1) or more of the principal uses permitted. This requirement is not met The proposed use is similaz to a motor vehicle salvage operation. A motor vehicle salvage operation as defined in the Zoning Code under Section 65.843 is: "Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts therefrom and which maintains a premise upon which to accumulate and dismantle such vehicles." You said that the wazehousing and storage of motor vehicle parts and vehicles will operate in the same way as any other business that would rent a space to store their product. You continued fo state that the items being stored at 1400 Dayton Avenue will come from an entity iiiat operates a motor velucle salvage business. Therefore, the motor vehicle salvage operation would be considered the principal use of the premises. Although warehousing and storage principal uses aze permitted in the Il and I2 zoning districts, it appears that the proposal to store parts and temporazily pazk automobiles is an eapansion of an e�sting motor vehicle salvage operation. � �� An Equal Opporbmity Employer 10-444 � Ivlr. 7nn Taurinskas Page 2 November 17, 2009 . , .� ,.. ' � �:r . . �:; ��'�� y?� In addirion, you state in your letter that temporary parking of automobiles (inoperable or operable) on the outside will occur at this site. If all of the vehicles were licensed and operable, this use would be classified as an accessory parking lot. However, it must have a principal use to be considered accessory. In this case, the only principal use appeazs to be is an auto salvage operation. (b) That the traffic generated on such use is similar to one (1) or more of the principal uses permitted. This requirement is not met. The tr�c generated by this proposed use would be more sunilar to a motor vahicle salvage operation. (c) That the use is not first permitted in a less restrictive zoning district. This requirement is not met. � Motor vehicle salvage is first permitted in an I2 general industrial zoning district. Therefore, this use is first permitted in a less restrictive zoning district. (d) That the use is consistent with the comprehensive plan. Under the current zoning classification, the proposed use (motor vehicle salvage) would not be consistent with the Comprehensive Plan. � LJ It is our determination by this statement of clarification that based on the aforementioned fmdings; the use of this property is not sufficiendy sunilar in character to a principal use permitted in an Il light indushial zoning dishict. We find that the proposed use is an expansion of the motor velucle salvage operation. Therefore, we can not approve your request. If you believe this determination is made in error, you may appeal to the Board of Zoning Appeals within ten days as provided for in Zoning Section 61.701. Regards, Corinne A. Tilley DSI Inspector — Zoning Copy: John Hazdwick, DSI Zoning Patricia James, PED Senior Planner District 13, Union Pazk District Council � -�,� :�„� � Y ��. Mr. Dave Bergman �Deparlwent of Safety & Inspections (DSn Fire Inspection Division RE: ORONOCO AUTO PARTS. IN1�NDED USE OF I400 DAYTON AVE, ST PAUL Deaz Mr. Bergman: T'hanks for taking the time to tallc to me the other day. As you are awaze Pres. Obama has signed into law several measures as of late to try and stimulate our economy. One of � these measures was the cash for ciunkers law. We purchased roughiy 80� of these vehicles to dismantle for theu. parts value. We ha�e hired two additional people to assist in dismautling these vehictes before they are due to be cnished The remaining bodies and engines need to be crushed within six months of their purchase date. The majority of these velucles were purchased in September 2009 aud mvst be crushed by February 2010 in accordance with their individual pin'cl�ase date. We were aware tUat the property at 140Q Dayton Ave was available for rent and was previously used as cold storage for inventory of heaking and plumbing supplies. My Oronoco Auto Parts (Est.1973) location is in need of space to store the parts dismantled from these vehicles. The type of parts we are hoping to be able to store are as follows: � 1) Body parts suoh as hoods, fenders ,grilles, plastic bumpers, doors, windshields, � alununwn and steel wheels. . • 2) Electrical parts such as starters, alternators, coil packs, distributors, wiper motozs. 3) Drive train parts such as engines, transmissions. All fluids will be drained prior to storage. Also, these will be stored in the portion of the building thai has a concrete floor. Secondary catch mechani sms will also be used to prevent any leakage. We will be leasing on a month-to-month basis until we determine if this endeavor will be economically beneficial. A11 parts will be sold thru Oronoco Auto Parts. We would also require temporary paxldng for up to fifty customer vehicles to be iransfened to Oronoco Auto Parts as needed. VJe would welcome your assistance in this matter. Clyde Payne (Vice Pres.) Oronoco Auto Parts � '�6 '(zGVD P��-OU,r3C> ( �, I LOO� � Aftomevs P. James Taurinskas y ALSOADMITTPD IN 4yISCONSIN `QUnr.u�DADRNetrt'aaL Brian J. Taurinskas November 24, 20d9 � Ms. Corinne A. Tilley DSI Inspector — Zoning City of Saint Paul 375 Jackson Street, Suite 220 St. Paul, Minnesota 55101-1806 Re: 1400 Davton Avenue Dear Ms. Tilley: I I •• —. e,�-�� ` _ L SOUTH ST. PAUL, MINNESOTA 55075 Office: (65tJ 451-9743 Facsimile: (651) 451�3967 pj ames @Fauri nskasiaw. com bria n@taurinskaslaw.com I have reviewed your correspondence under date November 17, 2009 with my client, SP Holdings, LLC Oronoco. SP Holdings LLC Oronoco is not a subsidiary of Crosstown Auto, Inc. as you referenced in your letter. It is an entity set up to handle, manage and store parts at the 1400 Dayton Avenue location. The majority of parts wili be coming from Oronoco Auto Parts in Oronoco, Minuesota, There will be no salvage operation on the premises in any respect. The premises is only to be used for storage of parts from various automobile operations. Your letter confums that the zoning is appropriate for warehousing and storage of automobile parts. You reference in your letter that in all four subdivisions, A through D, that the storage of parks is simply a part of the salvage operation. Again, SP Holdings, LLC Oronoco has no license to salvage automobiles and does not dismanfle vehicles to create automobile parts. It is simply an entity which intends to rent a premise to store and manage used automobile parts. Your attempt to tie this operation to a salvage business is unfounded and inappropriate. In reference in your conespondence under subparagraph A, the use to store automobile parts is a permitted use; in your reference to subparagraph B, � the traffic generated to store parts is consistent with the permitted use; your � reference to_subparagraph C, the storing automobile parts is not first � � Ms. Corinne A. Tilley Pag� Two November 24, 2009 .._ � ... ..�:.;,. ,1�Q.�P � � permitted in a less restrictive zoning district; your reference to subparagraph D, the use of storage of automobite parts is consistent with the comprehensive plau: I do not understaud why you continue to misapply the intended use of the premises by an unlicensed LLC which will only sYore parts and velucles from muiupie locations yet attempt to make it a part of an auto saivage business; namely, Crosstown Auto, Inc, As you recall, the hypothetical scenario which I previously discussed with you certainly appiies to my client. If 3M wanted to lease this premises for storage of sandpaper and had a ficense to manufacture sandpaper at another location you would not refuse iY to lease this propeity for storage. Your attempt to fie these two operations together as one is simply unfounded and must be reviewed in view of the above informafion, Your reference to an appeal is not the answer to this ma.tter since it is very costly aud time consuming to do so. I hope this Ietter eaplains the facts in a clear fasttion for you to reconsider the use of the property by my client. PTTImk cc: Mr. 7ohn Hardwick, DSI Zoning Ms. Patricia 7ames, PED Senior Planner DisErict 13, Union Park District Council Mr. Clyde Payne i �� CITY OF SAINT PAUL ChzstopherB: Coleman, Mayor December 2, 2009 Mr. Brian 7. Taurinskas 320 Bremer Bank Building 633 South Concord Street PO Box 605 South St Paul MN 55075 RE: 1400 Dayton Avenue Dear Mr. Taurinskas: �� K„. � � ;�' Thank you for your letter, dated November 24, 2009. It has been received and reviewed. In response, far reasons set forth in the statement of clarification dated November 17, 2009, � the decision to not approve your request is final. You were given the opporhxnity to appeal the statement of clarification to the Board of Zoning Appeals; however, that time to appeal has since expired. You may file an applicafion for a deterulination of similar use to the Plawwig Commission to deteLmiue if yout proposed use is ox is not similaz to other uses permitted in the zollirig district. An application is enclos8d for your reference. Regazds, . /C' �� Corinne A. Tilley DSI Inspector — Zoning and Site Plan Review Enclosure Copy: John Hazdwick, pST Zoning Pahicia 7ames, PED Senior Planner Peter Wazner, City Attorney District 13, Union Park District Council � 10-444 . � °. ��a;;:� DEPARTMENP OF SAFETY AND INSPECTIONS /�) `'`°_�'/-'�� "' Bob gess7er, Director � / V �Q/ � �y� 375TackronStree; Szdte 220 TeZephone: 651-266-909D St Pau� M'mnesota 55701-1806 • Facsimf7e: 657-266-9124 Web: www.stpavLzwldsi An Fqual Opportunity Employer �� DEPARTMENT OF SAFETY AND INSPECTIONS Fire Inspectioa Division .: �� RobertKessler, Directar saixT PAUL � AAAA CI1'Y OF SAINT PAUL Chrisiopher B. Coleman, Mayor 375TacksonStreeKSuite220 Telephone:651-Z66�989 � SaintPm�MIJS5101-1806 Fax: 651-266-8951 January 5, 2010 ERIKSSON FANIILY PROPERTIES LLC 1225 ORONO OAKS DRIVE LONG LAKE MN 55356-9480 �. . ... 1400 DAYTON AVE Ref. # 17104 Deaz ProperCy Representative: An 'vsspection was made of your bnilding on January 5, 20I0 `iri response to a refenal: You aze fiereby notified thaf ttie £ollowing deficiency list must be conected immediately. A reinspection will be made on or after January 11, 2010. Failure to comply may resvlt in a oivninal citation or revocation of the Fire Certificate of Occupancy: The Sain� that buildin shall be occu ied without a Fire Certificate of Occupancy. The Paul Legislahve Code reqmres no g p code also pmvides for the assessment of additional reinspection fees. DEFICIENCY LIST 1. AUTOl�IOBILE/AUTOMOBILE PARTS STORAGE - SPLC 310.02 - Use of this properiy does not conform to licensing ordinance. Discontinue unlicensed use or call DSULicensing at (651) 266-9090 to obtain a license. Diseontinue: 2. AUTOMOBILFJAUTOMOBILE PARTS STORAGE - MSFC 903.4 Fue call to building 1-2-10 indicates fire sprinkler dry system air pressure monitoring is not reporting prflperly or system is not holding pressure properly. Make all necessary repairs to fire sprinkler monitoring system and provide documentation to this office. 3. Ai7TOMOBILE/AiJTOMOBILE PARTS STORAGE - MSFC 5062 - Call Fire Department communication center at (651) 224-7371 to make arrangements to have the keybox opened when you have the correct keys on site. 4. SPLC 62.101 - Use of this property does not conform to zoning ordinance. Discontinue unapproved use or ca(1 DSI Zoning at (651) 266-8989 to convert to legal use. Discouianue: Storage of antomobiles an� automotive parts inside building pending approvals for such use. � Far an explanation or information on some of the violations eontained in this report, please visit our web page at: http://www.ci.stpaul.mn.us/index.aspx?NID= You have the rigbt to appeat these orders to the Legislai3ve Hearing Officer. Applications for appeals may be �t,ra;,,P� at thP nffice nf the Citv Clerk. 310 Citv $all, Citv/County Courthouse,l5 W Kellogg Blvd, 10-444 Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the ' ffial _ arders. �' �,. �G G � �f you have any quesrions, email me at: david.bergman@cistpaul.mn.us or call me at 651-266-89 between 730 am. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Dave Bergxnan Fire Inspector Ref. # 17104 n �J � �� ]anuary 5, 2010 Corinne Til(ey Saint Pau( Department of Safety and [nspections 375 ]ackson Street Saint Pavl, MN 55101 RE: INTENDED USE OF 1400 DAY"fON AVE. ST. PAUL Dear : Ms. Ti1[ey : .`� , "� t .. i � �:a�n. `.. — .:._. .�=". _... . � _...� � 1 ' � Ptease be advised that I am the owner of the property located at 1400 Dayton Ave, St. Paul, Minnesota 5b 104. My.tenant SP Ho[dings LLC, intends to use this property and rrirarehouse at tltis address for co[d sto�age of used automobites and autoinb�i[e`patis: "' � .SP Holdings LLC estimates that it will store approadmately 70 vehicles on this site, with appro�matety FO-30 automobi(es outside and 40 automobitas inSide the warehouse. Many of the automobiles wifl be operable and vsed as storage for company vehic[es; however, there will be a certain number of stored, inoperabie automobi[es. None of the automobiles that are stored on the premises will be crushed or stacked. SP Holdings also intends to store miscellaneoas automobile parts on this site; however, it has indicated that all parts on the properly wi11 be drained prior to storage and will only be stored inside the warehoqse. Parts will like(y be stored in containers or on pa(let racks. Paris may include engines, transmissions, alternators and tires. I be[ieve this use to be we(( within the con6nes of the zoning use desigriated for this property and request approval from the Saint Paul Department of Safety and Inspections — Zoning Division for this intended use. P(ease contact me if you have atty quesiions or concerns. Thank you. � Very truly yours, �Chris Eriksson 6i2-386-5099 � �� S 1I:iT 1P_itil. S� � 4�� i � 10-444 ~ — � �,�..... DEPARTMENT OF SAFETY AND INSPECTTONS ��. �� C f� Bob Kessler, D'vector � CTTY OF St1IN'T PAUL . ChristopherB. Coleman, Mayor J34ll3T}' 8� 2�1� Mr. Clyde Payne Crosstown Auto 218 Pascal St N StPaul MN 55104-6319 _ _ - �_ "��ye ,�� . � - RE:Accessory storage of vehicles and parts at 1400 Dayton Avenue Deaz Mr. Payne: TeTephone: 657-266-9090 Facsimile: 657-266-9124 Web: www.s[DavLeav/dsi It has come to my attention that you aze currently leasing the wazehouse building and lot at 1400 Dayton Avenue to store vehicles and parts. 1400 Dayton Avenue is located in an Il light industncal zoning district. Stotage of parts and vehicles from a motor vehicle salvage business is not pezxnitted in this zoning disirict. : , , As I informed your aftomeys, $rian Taurins�Cas and James Taurinskas, and for reasons set forth in the � statement o£ clarification lefter dated November 17, 2009, the use as proposed in October to wazehouse and stoxe vehicles and parts is not permitted at 1400 Dayton Avenue. I have enclosed a copy of the statement of clarifioation letter dated November 17, 2009, for your reference. This letter is to formally nofify and remind you that the vehicles and parts currently being warehoused and stored at 1400 Dayton Avenue is in violation of the provisions of the City of Saint Paul Zoning Code. Therefore, the site must be cleared of all vehicles and parts tiy January 19, 2010. Any violation of this order will result in £urthec enfo�cement action. You znay appeal this order and obtain a hearing before the Boazd of Zozung Appeals by filing an Application for Appeal and paying the application fees to the Zoning Adminisirator within (10) days of the date thesa orders were ruailed. Should you have any questions regarding this matter, please contact me at 651-266-9085 (office) or corinne tilley� ci stpaul mn us (email). Regards, l/�' V �� Corinne A. Tilley DSI Inspector — Zoning and Site Plan Review Enclosure Copy: Dave Bergman, Fire Inspector Chris Eriksson, property owner of 1400 Dayton Avenue 375.7ackson Street, Suite 220 StPaul, lvfvenesota 55101-I806 An Equal �Opportunity Employer l ` lanuary 11, 2010 r Corinne ATilley Department of Safety and Inspections 375 Jackson Street Suite 220 Saint Paul, MN SS10i RE: SP Moldings Storage and Warehousing Basiness Dear Ms. Tilley tn response to your (etter dated January 8, 2010. 4 Vj4 � � , -r�a$'y,� In your letter you attemptto classify SP Holdings as an automotive vehicle salvage operation. The proposed use is notsimilarto a motorvehicle salvage operation, as SP Holdings is a storege and warehousing operation. You define a motor vehfcfe satvage operation as; °Any business whose principaf activity is tQ obtain used motor vehicles to salvage and sell usable parts there from and which maintains a premise upon which to accumulate and dismantle such vehicles." � Your de.finiiion.o�SP Holdings as an auto salvage operation fails for the foilowing reasons. , 1. SP Holdings is a storage and v�arehousing operetion. SP Noldings is paid a fee foP storing and warehousing. items. 2. SP Holdings does not maintain a premise to dismantle vehicles. In fact SP Holdings does not maintain arly other premises. If SP Holdings holds an automotive salvage license and has another premise that t do not know of please send me a copy of their license. 3. SP Holdings does not own any vehicles or automotive parts. It does not accumufate automotive parts or vehicles. 4. SP Holdings does not sell automotive parts or vehicles • 5. SP Holdings does not dismantle cars. 6. SP Holdings does not own, lease, rent or use any tools that would be required to dismantle vehicles. 7. SP Holdings does not employ anyone capable of dismantling cars. 8. SP Holdings proposed premise (1400 Dayton) does not have the electrical requirements to dismantle cars. 9. 1400 Dayton Ave is not a heated bu+lding. It does not have any bathrooms. !t would not be conducive to an automotive dismantiing operation. It also would not be conducive to the seiling of automotive parts. ��. 10-444 • . ' ' T : �� : � � o� a— b) That the traffic generated on such use is similar to one or more of the principal uses permitted. This requirement is met. The trafFic would be similar to storage and warehousing operation. c) That the use is not permitted first in a less restrictive zoning district. This requirement is met. Storage and warehousing is not first permitted in a less restrictive zoning district. d) That the use is consistent with the comprehensive plan. Under the current zoning classification, the proposed use (storage and Warehousing) is consistent with the comprehensive plan. Please reconsider your following decision based on the above facts. I am anxiously awaiting your approval . If your approval is not granted please send me the application for appeal. Respectfuliy � Chris Eriksson • �� ... ... . �', :< t_ .. .. - _�`3 �'� � {�� . Ixi =$ M s � � t � d� ,�,. Y'; �. . . � i i[ ' i� C} i# kq i a�_'- d �'".� _ t _aa�a�u.-� : �t _ ' , % .. '::cA , a � � °� � " ��., W ,r;}��; .t . n� '�. � ��-. . .�. � �� :.;' � 3�a "y� e . 3 L� s l R� `�C �*a � [!�S ru�i; ` :ej . „ - t, . t lfe;� aq{ ` ' &B , ��i„Z w ,. '�4 � � � ...� � ,,. . .. � � ". .:.az s�^ �, � f j. ; ,�. �, w� �� .�r , ,.� -J:,: PROPERTY WITHIN 350 FEET OF PARCEL: 1400 DAYTC7�`��`t�tC1E ; ��° �_ �� `� -�� ' � x - --- � `� � j ' � _ k � °€ ! � B I c� . �,� � ' '� � � � h � � i y _�F -�`� Y 3. $ � � , � � � ` ��• � �� x� � � �� . . � � �= �. � �� _ � ��.�� " :, � - - ` �' � . �� _ 4 � m , �49 � ��,��`'- - ,� : 31 � �� `�� ry � . . -�� _ _.,-.-„ , , , �,. ,_.. ,.� , � - �-'---._,._L23`,3 _..�l-L-�- �;_ �` - _ , . � . _. .. , , .. ` DAYTON � � f : r �� ? � __.... � 62 ��„ �L � m � � , � r r� , °; � , '�'. � � �� ' ` : � -_ - -- .'a -' � ._ . � 4 . � � ; . . _ � z . ... ' � I N W � CREATED BY DSI E �� CIITZEN PARTICIPATIO�I �'L.I�I�INLNG DISTRICFS 1. S(7NRA'Y-BATI`L.ECREEK�IGEiWO�D _ 2. HA�EL PARK fIADEN-PItOSE'ERITY HTLLCREST . 3. WEST SIDE � 4. 'DAYTON'S BLiJFF 5. PAYNE-PHALEN . • • 6. NORTFT END � 7, THQMAS-DAT.E 8. SLJMI�L["f-TJNIVERSITY . 9. WEST SEVENTH � � �, 10. COIvIO � 11. HAMLTI�IE-IYIiDWAY 12. ST. ANTTiONZ' PARit , " 13. MERItIAIvI PARK LEXFNGTON HAMT INE-SNELLTNG HAMI.INE 14. MACALESTER GROVELAND 15. FiI�HI.t1ND 16. SUMMI'£ HILL � 17: DOV/N'tQWhI � �� Ol ala g 10-444 � � �' " '—�=! v D .7� Eriksson, Chris {Wayzata West, MN) SFrom: LaMott, Eric E. [LaMott@csp.edu] Sent: Wednesday, January 13, 2010 1:51 PM To: Eriksson, Chris (Wayzata West, MN) Subject: RE: 1400 Dayton Ave Chris We have no problem with your change in use. I would assume appropriate screening wouid 6e in place where necessary. Let me know if you need anything etse for your init+at'sve. Sincerely, Eric E LaMott Eric E. LaMott Ph.D. Vice President for Administration Professor of Kinesiology Concordia University, St. Paul 215 Gangelhoff Center 275 Syndicate St. N. St. Paul, MN 55104-5494 (651)641-8729(office) (651) 641-8787 (fax) . IamottC�a csp.edu http•//homepa�es csa edu/lamott/ This e-mail, including attachments, may include confidential and(or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you fiave received this e-mail in error, piease notify the sender by replying to this message and delete this e-mail immediately. From: Eriksson, Chris (Wayzata West, MN) [mailto:chris_eriksson@ml.com] Sent: Wednesday, January 13, 2010 9:47 AM To: LaMott, Eric E. Subject: 1400 Dayton Ave Hi Eric 1 am the owner of 1400 Dayton Ave, the building that is on the southwest side of Dunning Fieid. I believe that you and I talked shortly after I purchased the building. I am interested in using the buiiding as a storage facility to store auto parts and cars. I am proposing to have about 20 to 30 cars stored inside the building and about 20 to 30 cars stored outside on the parking lot. I would also like to set up pallet racking inside the building to store auto parts. These cars and parts will be owned by Crosstown Auto. Storage and warehousing � is an approved use for the property but the city wants me to obtain the approvaf of my neighbors. There wi11 be no activities other than storage as the building is not heated. I want you to know that every effort will be made to keep the property clean. Traffic will also be at a minimum because this site wil{ not be open to the public. I would be happy to answer any questions you may have. I would greatly appreciate it if you could send me back an email with your thoughts on my proposal. �� , ThankYou Chris Eriksson 952-476-5641 612-386-5099 i CAUTION: elec7ronic mail sent through the Tntemet is not secure and could be intercepted by a third party. 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By messaging with Merrill Lynch you consent to the foregoing. • Informafion from ESET NOD32 Antivirus, version of virus signature database 4767 (20100113) The message was checked by ESET NOD32 Antivims. http:/lwww.esetcom Information from ESET NOD32 Antivirus, version of virus signature database 4767 (20100113) The message was checked by ESET NOD32 Antivirus. http://www.eset.com _ • �� 10-444 � CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMSER: 10-010842 DATE: February 8, 2010 VJHEREAS, Chris Ericksson has applied for a variance from the strict application of the provisions of Section 61.106 & 61.701 of the Saint Paul Legislative Code pertaining to an appeal of a decision by the Zoning Administrator that the proposed use of the properiy at 1400 Dayton for storage of caz parts and vehicles is accessory to the nearby motor vehicle salvage operation which is not a permitted use in th3 Il zoning district at 1400 Dayton Avenue. PIN: 032823210019; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on February 8, 2010 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislative Code; and WIIEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: • 1. In September of 2009 the Deparlment of Safety and Inspections (DS� received a complaint that junk cars were being stored on the property at 1400 Dayton Avenue. A representative from the Deparhnent contacted a representative of Crosstown Auto which operates a motor vehicle salvage dealership at 218 Pascal Street South. They stated that they were proposing to use the subject property for the storage of cazs and car parts. According to the representative, some of the vehicles would be operable and some inoperable. He fiuther stated that since storage was a permitted use in the Il district the proposed use should be allowed. The Zoning Administrator deternZined that this would be an expansion of the motor vehicle salvage dealership which is a nonconforming use in au Il zoning district and therefore is not a permitted use. The same representative then reapplied stating that he was now representing a company called SP Holdings LLC and requested a statement of clarification regarding the proposed use. SP Holdings was formed on October 30, 2009, immediately after Crosstown's request was originally denied and appears to be connected with Crosstown Auto. Even though Crosstown was not technically the applicant anymore the effect would be the same. This appeal is now being brought forth by the properry owner of 1400 Dayton Avenue. • Z. An integral part of a motor vehicle salvage operation is the storage of parts and vehicles. Even though the appellant states that there will be no dismantling of vehicles or retail sale of parts at this locarion, leasing space next to a salvage operation for the starage of parts and vehicles amounts to an expansion of that business. It would be no different than the dealership buying abutting land and expanding the storage yard. � � Page 1 of 3 File #10-010842 Resolurion Crosstown Auto has been trying to distance itself from the activities going on at 1400 Dayton Avenue since they were told that storing of parts and vehicles at the site would be an illegal expansion of the salvage yazd. Appazently, they formed a dummy corporation to lease the space and most recently the properiy owner is now continuing the argument that ttus is just typical cold storage with no connection to the salvage operation. 4. Warehousing and storage is a permitted use in an Il zoning district, however, not when the material being stored constihxtes an expansion of a nonconforming use. For instance, widgets could be stored in a building as long as those widgets were not being stored to e�end or expand the capacity of a nonconforming widget manufachuer. In this case it is clear that this is not routine storage but storage intended to expand the salvage operation at 218 S. Pascal Street. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Boazd of Zoning Appeals that the Zoning Administrator did not error in determining that the storage of car parts and vehicles is accessory to the nearby motor vehicle salvage operation which is not a pernutted use in this I1 zoning district, on property located at 1400 Dayton Avenue; and legally described as Boulevard Addition Subj To Ave & Esmts;Vac Albert St Accnring To T.ots 1& 23 & Vac Dayton St Accruing As Vac In Doc No 1825657 & Fol; Part, Lying 5ely Of A 30 Ft Wide Spur R/VT, Of L,ots 4 Tluu 6& Of Lots 9 Tlua 11 & Of L,ots 16 Tlu u 18 & All Of Lots 1 Tlu1i; and may legally be used only as a residential property. BE TT FUR'I'f�R RESOLVED; that the appeal is hereby denied. MOVED BY Ward SECONDED BY Linden IN FAVOR: 6 AGAINST: o MAILED: February 9, 2010 TIlVI� LIlVIIT: No decision of the zoning or planning administrator, planning commission, board of zoning appeals or city conncil approving a site plan, permit, variance, or other zoning approval shall be valid for a period longer than two (2) years, nnless a bnilding permit is obtained within snch period and the erection or alteration of a bailding is proceediug nnder the terms of the Page 2 of 3 � • �• 5 10-444 � File #10-010842 Resolution decision, or the use is established within such period by actual operarion pnrsnant to the applicable conditions and requirements of the approval, nnless the zoning or planning administrator grants an e�ension not fo eaceed one (1) year. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 10 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been Filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease untit the City Council has made a final determination of the appeal. CER'PIP'ICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my office; and find the same to be a true and conect copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on February 8, 2010 and on record in the Department of Safety and Inspections, 375 Jackson Street, Saint Paul, Minnesota. • S T PAUL BOARD OF ZONING APPEALS 1 � ��y�A � �� Debbie M. Crippen Secretary to the Board • Page 3 of 3 5` 10-444 MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST PAUL, MINNESOTA, FEBRUARY 8, 2010 PRFSEIv�T: Mmes. Maddox, Eogen, and Linden; Messrs. Coutiney, Ward, and Wilson of the Board of Zoning Appeals; Mr. Wamer, Ciry Attomey; Mr. Hardwick and Ms. Crippen of the Department of Safery and Inspections. ABSENT: Gladys Morton The mee6ng was chaired by Joyce Maddox, Chair. Chris Eriksson (#10-010842) 1400 Davton Avenue: An appeal of the decision of the Zoning Administratoi that the current use of the properry is a motoi vehicle salvage operation which is not a permitted use in this Il, Industiial District_ Mr. Hardwick showed slides of ttte site and reviewed the staff �epoxt with a iecommendation foi denial. No coriespondence was ieceived opposing the variance request. One lette� was i'eceived from Distzict 13 supporting the variance request subject to some conditions. The applicant CFIRIS ERIKSSON, 1225 Oiono Oaks Diive, was present. Mr. Eiiksson requested that the first photo be brought up again, He stated that all the buildings in che pho[o ate part of the property; there is a total of seven buildings. He further pointed out that all the cars, some of them may be inoperable due to the "Cash for Clunkers Program" and had theiz engines seized; none of them are paztially dismantled, they are completely intact vehicles. The things he would like to add first of all is the similar use deteimination. That it is sirnilaz to an auto salvage operation therefore it is a salvage opeiation. He thinks ffiat the key diffeiences are. First an auto salvage business is dismantling cacs. They are crushing cars, they are accepting cars either donated or sold by the public, they are diaining engine and uansmissions and they are selling parts or caTS to the public, and they are storing and cataloging auto parts. He siated as a property owner he would never allow auto vehicles salvaged on his properry. They are not going to be dismantling cars, croshing cars, they aie not going to be doing any mechanical activities at all. They are not going to be draining engines or transmissions. They are not going to be selling parts or cars to the public and they are not going to be accepting or selling cars as either sold or donated to the public. The intent of this properry is just to catalogue and store on pallet racking car pazts, humpecs, hoods, engines, t�ansmissions, alternators, auto glass and so fotth. Inside the waxehouse and to s[ore 20-30 cars either operable or inoperable but not partially dismantled outside and 20-30 cars inside the warehouse. Those ace the key diffexences. There ace maybe six diffetent [hings that he thinks that a auto salvage yard does and five of them do not apply to this ptoperty, the five that he thinks would diaw the most concern. Secondly he has letters of suppoTt one from Doctor Eric Lamont of Concordia who is in support of using this pioperty for this use. Concordia bordeis this property on the east end with an athleuc field and across the street to the north they have a pazking lot. Crosstown Auto gave him a letter in support of course because it is theiz' parts. Home Oii is to ffie north and west of the property and also Palda construction which borders the properry on the west have both given him letters in support of the use. AA-ADA-EEO Employe� 10-444 File N10-010842 Minutes February 8, 2�10 Page Two The Union Pazk Disuict Council voted unanimously to support his appeal. He is not asking to have this approved to have an auto salvage operarion; he is asking to have it be approved with the limitations that will assure that it is never used as an auto salvage yard. It is just used for storage and warehousing, which is permitted in the district. Mr. Eriksson stated that since he purchased the building he has had to replace all the copper in the building as it was stolen out of the building shorUy afrec his purchase. He has brought the 6uilding up to code, repainted and removed pazt of the building and has zemoved all the mechanicals from the building. He replaced the roof and put in all new windows. He finally received his certificate of occupancy and Ccosstown was going to rent the building but the Ciry said no, so they have completely vacated the building. Thete are no parts in the building and there aze no automobiles on the lo[. He is asking for the Boards approval with the condition that there is no dismanding of vehicles; there are not partially dismantled vehicles on the properry; no public sales of parts on the propetty; and no crushing of cars on the propeiTy, [heiefore, it will nevet be used as anything other than storage and warehousing. Mr. Eciksson contended that this is going to create fouz good paying jobs and we need jobs in the ciry. If we don't approve it they will ship ail these cars down to Oronoco, hiie people down there to dismantle the cars there, then when they need them they will bring the parts up to theic facility, wasting natural cesources trucking the parts back and forth. He submitted the letters fr'om Ezic Lamont, and Palda Construction to the Board. Mt. Ward questioned Mr Eriksson that he was the properry owner. Mr. Eriksson replied yes. Mr. Ward fuiiliei questioned ffiat he had entered into a lease with Crosstown Auto? Mc. Eriksson replied that they have not entered into a lease yet, they are waiting for the Board's decision. Mr. Ward continued then thece was anothez company, SP Holdings? Mr. Eriksson stated that SP Holdings will be [he actual tenant. When they firs[ applied the definition that came from the Ciry was that Crosstown Auto is a licensed business with an Auto Salvage Dealers License and this would be an expansion so the Ciry would not approve it. 5o Crosstown Auto decided to set up another company to rent the building and that is SP Holdings, he believes it is owned by the two sons. It is either owned by the two sons or all three, the dad and the [wo sons. But SP Holdings is certainly related to the family that owns Crosstown Auto. Mi. Ward continued so this would be basically cold storage fot whole automobiles, automobiles that have been partially dismantled. Mr. Eriksson injected no, not for automobiles that have been parually dismantled. Mr. Ward continued for parts. Mr. Eciksson replied yes, paxts inside the warehouse not outside the warehouse. Mi. Ward questioned how do the pacts get in thete, wheie do they come from? Mr. Eirksson stated that theii operation is about a block or three quarters of a block away on Dayton. They dismantle the vehicle, if it is an engine or a tcansmission that would get diained on their property, they put it in a plasric lined Gaylord container which is on top of a pallet and then they would put it on a fork lift and bting it over. They have a wazehousing operation on their propeity and this wouid basically be for restocking. So if they had ten alternatois over here and they were out of alternators on their shelves then they would come over here and get the alternators and put them on theit shelves to sell. Mr. Ward questioned so the parts that they would ]ike to store in your building, they being either' Crosstown Auto or SP Holdings, are parts that have been dismantled on their pioperty and brought to stoce on your property. Mr. Eriksson replied correct. Mr. Ward further questioned how [he whole automobiles aie getting on the pioperty and where are they coming from. AA-ADA-EEO Employez 10-444 FIle �10-010842 Minutes Febmary 8, 2010 Page Three Mr. Eriksson stated that peopie donate cars to charity and chey send a cash donation to the chariry and then they take in the vehicle and it comes in on their property, the front of which is on Marshall Avenue. So then they would bring it into one of their service bays and dismantle the car and keep the parrs rhat [hey feel are valuable or have resale value. They will take the �est of the car and thex will crusb it down and then they load it on a truck and take it down to Hastings, where it is ground up and sold for scrap metal. First the parts would go to restock their shelves, and then they would come over here. He continued that many of the cars in the photo were Cash for Clunkers so they were cars that were driven to dealeiships, the engines were seized and tltey brought them over here. They are not intending to have partially dismanfled cars on the lot, he will not allow i[. They take the usable parts and ciush the caz foi scrap. Mr. Wazd questioned so ffiese cazs that ace on [he lot, if this is granted, will continue to come to his lot, and they are full of fluids, gasoline, and all the pazts for the cars are there. Mr. Eriksson stated yes, some of these cars are operable and some are inopecable but they are not partially dismantled. They are not leaking and if they decide that they are going to dismantle the caz they will take it to thei[ property and dismantle it and ciush the cac. Mr. Ward questioned what s[ops someone from coming onto your property and taking tires, breaking windows, removing radios, and whatever? Mr. Eriksson questioned like thefr? Mr. Ward replied yes, kheft, vandalism. Mi'. Eriksson replied that is why they want to put cats inside the building. The two western buildings they want to put cazs inside because they do not want vandalism. He thinks that what they would do is keep a close eye on it and maybe put some real good illumination on it, Mr. Ward questioned and this is ok with you as faz as them stocing the vehicles inside the building are there any cau6ons for flammables. He furthec questioned Mr. Eriksson whether he had talked to the Fire Mazshall and gotten an approval that says these vehicles can be stored inside this warehouse building and if the building catches on fire there is a means necessary to keep the building from e�cploding, there is no combustible materials? Mr. Eriksson stated it is an S2 wazehouse and auto parts are acceptable in an S2 wazehouse. There will be further ceview by fire and advice where to put things, aisle ways and he knows that Dave Bergman has already been over thete with Russ and Clyde Payne the owners of Crosstown Auto. That is why everything is pushed over in the photos so a fire truck could come in. The main fire sprinklei is accessible from the Selby side. But yes, the building has sprinklers. There will be no gas tanks inside the building, with engines and transmissions drained and the most valuable parts aie the doors, hoods, auto glass and so forth and those are not flammable. Mr. Courtney questioned whether Mr. Eriksson was ok with the five conditions from the Union Park Dis[rict Council? Mr. Eiiksson stated yes, he suggested those conditions to them. Mr. Courtney continued we are talking about 1400 Dayton Avenue right? Mr. Eriksson replied yes. Mi. Couttriey stated that has to be west of Hamline and between Marshall and Selby. Mr. Eriksson repiied that is correct. It is right on the baseball field for Concocdia, or if you are on Selby and you cxoss Hamline going west you start to go up a bridge approaching Snelling this building is on the right hand side. Mt. Courtney stated that he understands what the zoning is, he sees it. He further quesuoned is it residential azound there or what? Mr. Eriksson stated it is the Univetsiry to the east and the notth, and it is all industrial to the north and northwest. Mr. CouiMey ques[ioned what about Dayton? Mr. Eriksson replied Dayton is all industriaL Then behind it is the bridge and then the rail xoad and on the other side of the road that is a commercial building on the other side of Selby. So if you go direcUy south of his property, it goes alley way, Selby Bridge, rail road, some vacant rail road property and then that storage company. If you went to the southwest there is the same ching, the bridge, the rail road, and the rail road AA-ADA-EEO Employer 10-444 File 7/10-010842 Minutes February 8, 2010 Page Four land and then he believes that becomes residential if you aze angling off to the southwest. Mr. Courmey questioned where is this guy that complained? Mr. Eriksson state he does not know, no one has complained to him. Mr. Courtney questioned Mr. Hazdwick, stating he assumes that staff is not ok with granting tt�is with these five conditions? Mr. Hardwick replied no, it is not a matter of condi6oning the property. It is a question of e�cpanding a non-conforming use. Staffs contention is still that storage is an integral part of a salvage dealership and this salvage dealership is expanding their facility, which is a non-conforming use by leasing the off-site ptemises for the purpose of storage. Mr. Eriksson stated he could store his own cars in there as he understands it, Ms. Linden ques[ioned Mr. Aardwick, hypothetically, these five conditions how would one ever monitor them anyway? Mr. Hardwick stated the same way we would monitor anything. Typically, there wouldn't be any license imolved so we wouldn't have a license inspector, so ihe only way we could monitor it is through a complaint basis. Mc. Warner stated you cannot monitor them because if you accept the applicanYs version it becomes a permitted use so there is norhing to condition. What Union Park has offexed is essentially unenfozceable. Mr. Wilson asked, if he needed a radiaror and they didn't have it on the shelves, but they have one in a vehicle on his lot. If he understands conectly, they would come over to the wazehouse get the car that has the paxt and bring it over to their building and take the radiator out and that vehicle would never get back on that parking lot? Mr. Eriksson replied no, not par[ially dismantled, it would not. He e�cplained first he would not allow it, if they do that they are violating the lease and they are out. Second if yon look at the economics of it, if they bring that car into their bay and they have made the decision to pull one part off if it. It is now going to be completely dismantled and it will go from the bay to the ciusher down W the recycling facility. Because they cannot afford to move a car into the bay, take off one part and then bring it back over there, when they are paying someone $35 an hour to dismantle it, They make a decision and it gets completely dismantled and put in the crusher. He quesuoned what would they do if their bays weie all full and he brings his vehicle in with the understanding that he is going to leave it, but they don't have coom so they say paik it over the:e. Mr. Eitksson stated what they do now is they pazk it on the sueet. Mr. Wilson questioned how can you control it? Mr. Eriksson stated he inspects the property as he has a vested interest in keeping the property enviionmentally sound. Mr. Wilson further questioned whethei he would monitor them? Mr. Eiiksson stated absolutely. There was no opposition present at the hearing. Hearing no further testimony, Ms. Maddox closed Ihe public poiuon of the meeting. Mr. VJard stated that in his mind the ownei has not proved to him that the uses are separate. The fact that the Automotive Salvage Yard will be using the building for storage and it is more of' a parts overflow rathei than a totally separate use. AA-ADA-EEO Employer 1Q-444 File {110-010842 Minutes February 8, 2010 Page Five Mr. Ward moved to deny the variance and resolution based on findings 1 through 6. Ms. Linden seconded the motion, which passed on a roll call vote of 6-0. ubmittedby:, /`a 11 l /t J �� c�p C �J n Hardwick Approved by: / �^ / oria Bogen, Secietary AA-ADA-EEO Employe� 10-444 SAINT PAUL AREA CHAMBER OF COMMERCE r��-�n ts, Zaio Councilmember Melvin Carter 3 t 0-A City Hall 15 Kellogg Blvd., West Saint Paul, MI�f 55102 Dear Councilmember Carter: I am wriang in regards to the appeal of Chris Eriksson from the February 8 decision of the Board of Zoning Appeals (BZA) denying hirrt from using his property at l400 Dayton Avenue (or storage and warehousing. Mr. Eriksson desires to enter into a lease with Crosstown Auto, Inc. {Crosstown} for the storage of vehicles and car parts. Mr. Eriksson is unable to do so at this time because the 8ZA found that such a use constitutes ars accessory use and thus an expansion of a non-coniorming motor vehicle salvage dealership. The Saint Paul Area Chamber of Commerce supports the property owner's desired intended use and encourages the City Council to reconsider this matter. ,4lthough the leasing of 1400 Dayton Ave. to Crosstown may theoretically constitute an accessary use of the proposed tenarrt pursuant to Seaion 65.94Q(d} of the City Code, such a classiftcation under the circumstances ignores the practical realiry that the appficant's intended use is not in fact an expansion of an auto salvage operat'ron, but principally for storage and warehousing. Storage and warehousing as a principal use is permitted in an 1- f zoning district. Therefore, the property owner should be allowed to enter into a lease with Crosstown as described in his application. The inquiry should not be focused on who the properry owner warfts to lease his properry to, but rather on what the properry witl be used for. Furthermore, the property owner has agreed to condition the proposed tenant's use of the property so as to ensure that it does not expand an auto salvage business. He has agreed eo ( I} prohibit dismantling of vehicfes, (2) prohibit crushing of cars, (3) prohibit storing of partially dismantied vehicles, (4} prohibit opening tfie property to the public for the sale oi parts, and (5} prohibit storing more than 30 vehicfes on the exterior of the property at any one time. These conditions show a commitment by the property owner to ensure that the properry does not expand an existing aerto salvage business in Sairet Paul. Additionally, the Chamber supports Mr. S� // Chamber ofi Commerce Center /( 401 Norch Robert Street� Suite 15Q // $aint Pau1, Minnewta 55 f 01 10-444 SAINT PAiI� AgEA CHAMBER OF COMMERCE Eriksson's appeal because it wi0 likely resuh in the creation of additiona! jobs, further investment in the property> artd use of a buifding that remairts vacant. The Chamber appreciates your consideration. Please do not fiesitate to corttact me with any questioris or commeRts. Michaef Belaen Director of Public Af{airs CC: Councilmember President Kathy Lantry, Councilmember Dave Thune, Cauncilmember Lee Helgen, Councilmember Dan Bostrom, Councilmember Pat Harris, Councilmember Russ Stark S� /! Chamber of Commerce Center !/ 401 North Rohert Street, Suite I50 ll Saint Paul, Minnesota 55101 10-444 �\�l1,� j► � _ :�� 1LN10NPAiliCill5fRlGtCAUNqL 1570 Concordia Aventte, Suite LLI00, Saint Paul, MN SSIf�' ��{� p 651-545-6883 [ f 651-917-999I � e info@unionpaxkdc.o7g � w ww4v.unionparkdc.cxg February 8, 2010 John Hazdwick, Zoning Inspector Board of Zoning Appeals 375 Jackson Street Suite 220 Saint Paul, MN 55101 Deaz John, The Union Park District Council's Land Use Committee on 3anuary 26, 2010 reviewed Chris ETiksson's appeal of the decision of the Zoning Administrator that the current use of his property at 1400 Dayton Avenue is a motor vehicle salvage operation which is not perxnitted in the I-1 Industrial District. The Land Use Committee felt that the proposed use of the property was warehousing and was not a motor vehicle salvage operation, and voted to support the applicant's appeal. The Union Pazk District Council Boazd of Duectors, at its February 3, 2010 meeting, voted unanimously to support Mr. Eriksson's appeal of the zoning administrator's decision as long as the following conditions that were part of the applicanYs grounds for appeal aze met: l. There will be no dismantling of cars on the property. 2. There will be no mechanical activiries of any sort on the property. 3. The property will not be open to the public. 4. Parts will not be sold from the property. 5. There will be a limit of 20 to 30 cars parked outside the building. Again, the Union Park Disirict Council felt that the proposed used of the properiy is not an expansion of a motor vehicle salvage operation, but rather is wazehousing which is permitted in this zoning district. Thank you for your consideration. Respectfully, Roger Bromander, Executive Director Union Pazk District Council 1570 ConcordiaAvenue, LL100 St. Paul, MN 55104 651-645-6887 roger(c�unionparkdc.org � 10-444 From: LaMott, Eric E. [mailto:LaMott@ap.edu] Sent; Wednesday, January 13, 2010 1:51 PM To: Eriksson, Chris (Wayzata West, MN) Subject: RE: 1400 Dayton Ave Chris We have no problem with your change in use. I would assume appropriate screening would be in place where necessary, Let me know if you need anything else for your initiative. Sincerely, Eric E LaMott Eric E. LaMott Ph.D. Vice President for Administration Professor of Kinesiology Concordia University, St. Paul 215 Gangelhoff Center 275 Syndicate St. N. St. Paul, MN 55104-5494 (651j 641-8729 (o�ce) (651) 641-8787 (fax) IamottC�csp.edu http://homeaa�es.csa edu/lamott/ S F!CE �4 �8�� . 30-4493 :qX 445599 Pt�LDA fiJC SC.}iS��'J` Y INC. G�ta�xu �DrJraa.cror+s 1462 DFYtON a� ''��A ST. PAVl. MN Sit09 � '� ,M �T' `' —� 6r'. •�v Y . 4.� i � ( 4i � . 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J � ;' � � �=', i; � " - . 1 . � � j; "'T � - i : l � ' ^ �, ��' _ ,� - � _� i r � � �s� ��— - p , . - �` i � I � ' � fi i � � 1. #�; 4 i � �' � `� f �_ 1 . , Ea-- .,� � �....�. _ � - �-: {r � . i f�' n . � 'Y , c ( ! 1 � �� , �, 1 �'. } - eF .k�g a �J� k .��.�, t � � � � � �".-� r� I� � ,t` � . �. . i -. � � ,� � ;�-� i, , k � �— �, l !, 1 �.. � � �- � � � - ��- s#�� "-��: i { � � I . � , p .�... - —�- u�}� 3 �- .�i.� —�' _ f � ' _ '`'� , . . a : „— ,. . � 0-444 .j: ��;•-.. .-� �7COSS�oWI�I Ail�o Used Auto Parts & Used Car 5ates J 440 Marsball Ave. St. Faui, 2vLV 55104 'I'oli (8U0} 701-1IO2 Phone: (651) 64S-77ia F`�z: (G51} 64g-5183 � �'�e+� ---=Y"" - � " � January 27, 2010 Chris Erif�son Eriksson family Properties 1225 CJrnno Qoks prive Orono, MN 55356 We approve #he use ofi 14p0 payton Ave as o storage facility for used aufio parfs and automobi(es. We understand thafi fhere will be 20 to �40 cars parked on the paricing lot at pny one fime. Some oP the cars may be inoperpbie. We also understand fihat there will be no dismantling ot automabiies on the premises. 3 � , � s yr �'. �� l��, Russ Payn� Crosstown Auto �� 10-444 .lanuary 27. 20]0 Chri, Erik,son E�iksson famiiy Properties 1225 OPOno Odks DrivP arono, MN 55356 We approve ;he use of 1400 Dcrytan Ave as a sfiarage faclity for used aufo parts and automobile�, we �nderstand thqt tYtere will f�e 20 to 40 cors parked on the pqrking lpfi at any one time. Sbme of the cars may be fnoperable. We also understqnd thc�t there win be r�o dismant4ing ot aulomobiles on the prarriises. .� -`` �'f�► ��,. � 'i ` 10-444 Zoning File 10-010842 l.Warehousing of Auto Parts and outdoor storage of motor vehicles are permitted uses in the I 1 zoning District: Table 66.521. Princi al Uses in Industrial Districts Use IR Il Warehousing and storage P Sec. 66.541. Required conditions in the Il2--I3 industrial districts. I2 I I3 � (a) Outdoor starage. Outdoor storage is permitted subject to the following conditions: (1) Except as provided in section 63.113, outdoor storage sha11 be no closer than three hundred (300) feet to a residential district or to a property occupied with a one-, two-, three-, four-, townhouse or muluple-family dwelling, and in the IR light industrial restricted district shall also be no closer than three hundred (300) feet to a park, parkway, or major thoroughfare. (2) Outdoor storage shall be fenced or walled. Outdoor storage which abuts a thoroughfare, a business district or a PD district shall be behind a six-foot-high obscuring fence. However, an obscuring fence shall not be required if the outdoor storage is screened by a building or topography. On sites where the topography renders an obscuring fence ineffectual as a screen, landscape screening shall be required. 2. Definition of Motor Vehicle Salvage Sec. 65.843. Motor vehicle salvage operation. Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts there from and which maintains a premises upon which to accumulate and dismantle such vehicles. 10-444 Zoning File 10-010842 Suqgested Alternate FindinQS of Fact I. Eriksson Family Properties, LLC, is the owner of 1400 Dayton Avenue. It is zoned I-1 Indusri Acting on behalf of the LLC, Chris Eriksson is interested in leasing his land and buildings for the purposes of indoor storage of auto parts and indoor and outdoor storage of automobiles. This is a use that is not first permitted in a less restrictive zoning district but is permitted in the I-1 district. Z. The zoning administrator determined that the use was most similar to a motor vehicle salvage operation. Sec. 65.843. Motor vehicle salvage operation. "Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts there from and which maintains a premises upon which to accumulate and dismantle such vehicles." A. The definition of motor vehicle salvage includes the following actions: 1. Salvage usable parts 2. Sell usable parts 3. Accumulate parts and vehicles 4. Dismantle vehicles B. The owner of 1400 Dayton is not proposing to and would not be allowed to salvage, sell or dismantle vehicles, tluee of the four actions associated with a motor vehicle salvage operation. C. Since none of the primary operations of a motor vehicle salvage operation are or would be occurring at 1400 Dayton, the proposed use is more similar to warehousing and storage than to a motor vehicle salvage operation. 3. Neither the property's near proximity to an auto salvage operation nor the interest in the auto salvage business in storing parts and complete vehicles on the site should limit the landowner's ability to lease the property for its legal uses. 4. The property on which the business is located is zoned I-1 Industrial and would allow for the collection of auto parts and automobile storage but would not permit any type of auto salvage: dismantling of cars, storage of incomplete cazs, mechanical work on the vehicles, part sales or access to the public to examine parts for potential purchase, Based on Findings 1 to 4 the City Council approves the appeal of Chris Eriksson to the determination of similar use by the Zoning Administrator; determines that the property is not similar to a motor vehicle salvage operation and allows Mr. Eriksson to proceed with his warehousing business.