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10-754Council File # 1�-754 Green Sheet # 3115739 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by �� � �� �f 1 TEMPORARY INTERIM USE PERMIT APPROVAL: INDOORJOUTDOOR AUTOMOBILE 2 STORAGE AND INDOOR STORAGE OF AUTO PARTS 4 WHEREAS, Pursuant to Minn. Stat. § 462.357 and Leg. Code § 64.400, Chris Eriksson, Eriksson Family 5 Propefties, duly appiied for a temporary interim use pertnit to allow indoor and outdoor storage and 6 warehousing of automobiles and indoor storage of auto parts at 1400 Dayton Avenue; and 7 8 WHEREAS, Minn. Stat. § 4623597 permits the governing body of a municipality to allow an interim use 9 by permit if. 10 11 12 13 14 IS 16 17 18 19 ?p 21 22 23 24 25 26 27 28 24 30 31 32 33 34 i5 6 (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (4) The user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations; and WHEREAS, on July 7, 2010, a public heazing was duly conducted before the City Council at which all interested parties were given an opportunity to be heazd and the Council, having considered all the facts and the report regarding the application and recommendation of staff dated June 24, 2010, moved to approve the interim use for the following reasons; (1} The use eonforms to the aoning r•egulations. This requirement is met. The property at 1406 Dayton Ave is zoned I1 Industrial, and warehousing and storage is a pernutted use within the I1 district, The proposed indoor and outdoor storage and warehousing of automobiles and indoor storage of auto parts is similar to the Zoning Code's warehousing and storage use, if the proposed use is su�ciently limited in nature and scope to prohibit activities on the site associated with other related uses that have greater neighborhood impacts, such as auto repair, auto dismantling, engine rebuilding or reconditioning, collision service, auto painfing, automative fluid extraction activities, motor vehicle salvage, or the retail sale of auto parts, vehicles, or engine fuels. (2} The date or event that will terminate the use can be identifZed with certainty. This requirement is met. As indicated above, the 2005 Ayd Mill Road Final EIS identified this property as a parcel necessary for full acquisition by the City as future right-of-way for the northward extension of Ayd Mill Road. The Public Works project manager for the Ayd Mill Road project has indicated that there are no current funds for right-of-way acquisition associated with this project, and he does not expect that funds will be available in the foreseeable future. While a date that would terminate this use cannot currently be identified with certainty, an event can be idenrified with certainty. The event that will terminate this use is when the Ciry takes possession of the property far the Ayd Mill Road extension project. 10-754 42 43 44 45 46 47 48 49 50 51 52 53 54 (3) Permisszon of the use will not impase additional costs on the public if it zs necessary for the public to take the properry in the future. This requirement is met. While the applicant may have to incur additional mazginal costs to meet building and fire code requirements in preparing the property for the proposed use, the applicant proposes no changes to the structure of the building or to the site layout. The permission of this use will not impact the cost to the City of acquiring this property in the future, as the property is currently a warehouse that was used in the past for storage and is now being proposed for a use similar to warehousing and storage if a specific set of conditions are imposed upon the use. (4) The user agrees to any conditions tFtat the governing body deems appropriate for permission of the use. This finding is met. The appiicant has reviewed the conditions proposed by staff and has deemed them appropriate. The conditions are as follows: 55 . The approved use is for indoortoutdoor storage of automobiles and indoor storage of 56 automobile parts, consistent with the site plantfloor plan on file with the City. The permit is not 57 approved for motor vehicle salvage use. 58 • The use shali expire when the City takes possession of this property for the Ayd Mill Road 54 extension project. 60 • Principal access to the 1400 Dayton property shall consist of a driveway off of the terminus of 61 Dayton Avenue; semi trucks are prohibited from accessing the property's southern driveway, 62 located off of the parcel on the north side of the Selby Avenue bridge (PIN #032823210075). 63 • A v✓ritten agreement with the owner of property at 1462 Dayton Ave shall be maintained by the 64 owner of 1400 Dayton Ave that allows for a minor encroachment along the former property's 65 eastern border. 66 . The presence of employees onsite shali relate anly to the transport of autamobiles and auto 67 parts to and from Crosstown Auto to 1400 Dayton Avenue. 68 • No more than 37 automobiles shall be stored outdoors on the parking lot at a time, and no auto 69 parts or partially-dismantled automobiles shall be stored outdoors at any time at 1400 Dayton 70 Avenue. 71 . No automobiles shall be dismantled onsite at 1400 Dayton Avenue. 72 • No auto repair, engine rebuilding or reconditioning, collision service, painting, or automotive 73 fluid extraction activities shall occur at 1400 Dayton Avenue. 74 • No auto parts, vehicles, or engine fuels shall be available for retail sale at 1400 Dayton Avenue. 75 • Screening of this use must be maintained along the northern portion of the property's eastern 76 border, including landscaping or other screening to obscure the use from the adjacent property. 77 • The applieant shall comply with the conditions of siYs plan review. 78 • Any required building permits, and if necessary, demolition, grading, or utility plans for tke use '9 shall be approved by a City building official prior to the building being re-occupied. 0 • An appropriate Certificate of Occupancy for the use shall be approved by the City Fire Mazshal ] prior to the building being re-occupied. NOW, THEREFORE, BE IT RESOLVED, based upon the report of staff and the findings herein, the application of Chris Eriksson for an interim use permit for indoor and outdoor storage and warehousing of automobiles and indoor storage of auto parts at 1400 Dayton Avenue is hereby approved, subject to the conditions specified under finding No.(4) above; AND, BE IT 10-754 88 89 90 91 92 93 94 95 96 FURTHER RESOLVED, that the Department of Safety and inspections shali be responsible for reviewing and approving or disapproving building permit applications as well as enforcing the terms and conditions of this Temporary Interim Use Permit: AND, BE IT, FINALLY RESOLVBD, that the City Clerk shall mail a copy of this resolution to the Eriksson Family Properties, the Zoning Administ�ator and the Planning Comm"sssion. Adoption Certified by Coi c7 Secretary BY: � �si Approve y ay� . ate � Z � C� By: Requested by Departrnent of: Plannin c omic Develo ment By: � Form Ap roved by City Attomey B �f,f 1.��- �� (3 � t o Form pp ed y yor for b}ssion to Council By: Adopted by Council: Date ���j j�/Jjd � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Planning & Economic PE -.,- � - . Contact Pereon & Phone: Luis Pereira 6-6591 Must Be on CounciY Agenda by (Date): Doa Type: RES(]LUTtON E-Document Required: Y DocUment Contact: ContactPhone: Date Initiated: 10-754 OSJUL20'10 Green Sheet NO: 3115739 � Assign Number For Routing Order Total # of Signature Pages _(Clip AII locations far Signature) 0 1 2 3 A 5 6 Adopt resolurion memorializing City Council acrion approviug the Interim Use permit to aliow indoor and outdoor storage and wazehousing of automobiles and indoor storage of auto parts for property at 1400 Dayton Ave., property northside of Selby, southside of Dayton, between Hamline and Fascal (ZF# 10-506-729). Public bearing held Ju1y 7, 2010. Recommervdations: Approve (A) or Reject (R): Planning Commission GB Committee Civil Service Commission Personal Service Cotrtracts Must Answer the Following Questions: 1. Has this person(firm ever worked under a coniract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Roes this personlfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Prob{em, {ssues, Opportunity (Who, What, When, Where, Why): The City Council approved tke Interim Use permit on 7uly 7, 2010, after a public heazing. AdvanYages if Approved: Resolution will be adopted per City Council intent. Disadvantages IfApproved: None Disadvantages If Not Approved: City Council action wi11 not be completed. Total Amount of Transaction: Funding Source: Financial information: (Explain) CosURevenue Budgeted: Acfivity Number. J�4L ¢ 3 'lE��� � JuIV 8. 2010 12:26 PM Pana � 10-754 DEPAR'1'K,b'NT OF PLANNI3dG @ ECONOMICDEVELOPMEN7 Cecile Bedor, Di>ecto� cr� o� sausrPAUZ. ChrisfopherB. Coleman, Mayor June 15, 2010 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Erickson: 25 Wesf Fourlh Slree! SuintPmd, M1J 551 D2 �' Telephane: 651-266-6700 Facsimile: 657-218-3220 I would like to confirm that a pubiic hearing before the City Councii is scheduled for Wednesday, July 7, 2010, for the following zoning case. Zoning File Number: 10-506-729 File Name: Address: Purpose: Previous Action: None. Chris Eriksson 1400 Dayton Ave, Property northside of Selby, southside of Dayton, between Hamline and Pascal Interim Use permit to allow indoor and outdoor storage and warehousing of automobiles and indoor storage of auto parts I have confirmed this day with Councilmember Carter's office. My understanding is that this public hearing request will appear on the Council agenda on or before the June 23, 2U1�, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6591 if you have any questions. Sincerely, ���� Luis Pereira City Planner 0 '✓-�—�--_ ROTICE OF PUBLIC HEARIRG �.� The Saint Paul City Counctl will con- dvct a publlc heazing on Wednesday, July 7, 2010 in the City Council Chambers, Third FSoor. City Hall-Court House, 15 West Kellogg Boulevnrd, to consider the application of Chris Ertksson for an Interim Use Permit to atlow lndoor and outdoor storage and wazehousing of auto- mobIles and indoor storage of auto parts at 1400 Dayton Aven�e {north side of Selby and south side of Da}rton between H�e and Pascai). [ZF 30-506-7291 ,_ P+f2ry Erickson Assistant GYty Council Secrefary - Dated: Jtme 16. 2010 (June 2D 2 ' '—'_= ST. PAIIL LEGAL LEDGE6 ==�-x= saassse cc: File #: 10-506-729 Applicant: Eriksson Family Properties, Attn: Mr Chris Eriksson Paul Dubruiel Wendy Lane Samantha Langer Pafricia James Allan Torstenson AN AFFIl2MATIVE ACTLON EQUAL OPPOR'I'UNPf'Y EMPLAXER 10-754 DEPARTNfEN'I OF PLANNING & l'1, ECONOMICDEVELOP�NT j—j Cecde Bedor, Direc[or ""'" Cl"TY OF SANT PAUL Chnstophzr B Colem¢n, Ma�o* June 25, zozo Ms. Mary Erickson City Coundf Research Office Room 3io City Hall Saint Paul, Minnesota 55zoz Re: Zoning File #: File Name: Address: 2� WestFounhStreet Te(ephone� b�1-266-b?60 Samf Paul, M_NSSIO2 Facsim�Ie. 6�7-?28-3320 io Chris Eriksson iqoo Dayton Ave, Qroperty northside of Selby, southside of Dayton, between Hamline and Pascal i�terim Use permit to aliow indoor and outdoor storage and warehousing of automobiles and indoor storage of auto parts. Purpose: City Councif Hearing Ju� ��oio 5•3op m City Council Chambers Staff Recommendation: District Council: StaffAssigned: Attachments: Background Below is a chronology ofthis case. Approvai with conditions Approval Luis Pereira, 65i-z66-659s Staff Reportpacket Correspondence received z. The Zoning Administrator sent a Statement of Clarification on November g, zoo9 that indicated that the proposed use of iyoo Dayton forthe storage and warehousing of automob�les and auto parts was not similar to a warehousing and storage use. �. The applicant, Chris Eriksson, appealed the Zoning Administrator decision to the Board of Zoning Appeals (BZA). On Fe6ruary 8, zoio, the BZA denied the applicanYs appeal, finding that use of z400 Dayton for the storage and warehousing of automobiles and auto parts represented an expansion of an existing nonconforming motor vehicle salvage use located across the street at zi8 Pascal St 5. 3. The applicant appealed the BZA deasion to the City Councif on April7, zoso. The City Council denied the appeal, advising the applicant to apply to the Planni�g Commission for an enlargement of a �onconforming use (NCUP). , c,. Planning staff subsequently determined that 140o Dayton had been previousfy identifred in �005 as a parcel necessary for fuil acquisition by the City as future right-of-way for the northward extension AN AFFIRMATTVE ACTION EQUAL OPPORTONITY E�LOYER ofAyd Mill Road (Ayd Mill Road Final EIS). Because ofthis realization, and because the proposed use of iyoo Dayton should be further defined with a set of conditions to prevent an inadvertent expansion ofthe use to include other act+vities, statFadvised the applicant to withdraw the • enlargement of NCUP application and re-submit the proposal as an interim use permit application. The applicant did this on June 14, �oso. State Statute 46z.3597 provides for interim uses, includes required findings for establishing an interim use, and specifies that public hearings on the granting of interim use permits shall be held by the governing body as provided for in sedion y6z.357, subdivision 3. My staff report packet and recommendation are attached. If I can be offurther assistance, please do not hes+tate to contact me. Sincerely, �L""' �P-,�'`---"-�� Luis Pereira cc Zoning Fiie #:10=5o6-7zg Applicant: Eriksson Family Properties District Council i3 Donna Drummond Tom Beach Wendy Lane Patricia James Peter Warner C J � 10-754 INTERIM USE PERMIT STAFF REPORT � r� L._J , 1. FILE NAME: Chris Eriksson 2. APPtiCANT: Eriksson Family Properties 3. TYPE OF APPLICATION: Interim Use Permit F1LE #: 10-506-729 HEARIfVG DATE: July 7, 2010 4. LOCATION: 1400 Dayton Ave, Property northside of Selby, southside of Dayton, between Hamline and Pascal - 5. PiN & LEGAL DESCRIPTION: 032823210019; 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 �ots 9 Thru 11 & Of Lots 16 Thru 18 & All Of Lots 1 Thru 6. PLANNING DISTRICT: 13 7. STATE STATUTE REFERENCE: State Statute 462.3597 8. STAFF REPORT DATE: June 24, 2010 9. DATE RECEIVED: June 15, 201Q EXiSTING ZONING: 11 BY: Luis Pereira 60-DAY DEADLINE FOR AGTION: August 14, 2010 A. PURPOSE: Interim Use permit to aliow indoor and outdoor storage and warehousing of automobifes and indoor storage of auto parts. B. PARCEL SIZE: 59,444 square feet {1.36 acres} G. EXISTING LAND USE: Warehouse/storage (11) D. SURROUNDING LAND USE: North: Concordia University campus (11) West: Genera! contractor business (11) South: Right-of-way (SeibyAvenue bridge) (11) East: Concordia University campus (RT1) E. STATE STATUTE CITATION: State Statute 462.3597, which provides for interim uses, includes required findings for estabiishing an interim use. F. HISTORYIDISCU5510N: The Zoning Administrator sent a Statement of Clarification to SP Holdings LLG on November 9, 2009 that +ndicated that the proposed use of 1400 Dayton for the storage and warehousing of automobiles and auto parts (which does not appear in the Zoning Code) was not similar to a warehousing and storage use (a permitted use in 11). The applicant, Chris Eriksson, subsequently appealed this Zoning Administrator decision to the Board of Zoning Appeals (BZA}. On February 8, 2010, the BZA denied the appficant's appeal, finding that use of 1400 Dayton for the storage and warehousing of automobiles and auto parts was an accessory use to a principal motor vehicle safvage use (the latter being located across the street at 218 Pascal St S). Motor vehicle salvage is a nonconforming use in the 11 district. Because the warehousinglstorage use ot 1400 Dayton invotves activities that are integral to the motor vehicie salvage use and its permission would effectiveiy expand the motor vehicle salvage use of Crosstown Auto (the proposed exclusive user of the site), the BZA concurred with the Zoning Administrator, finding the proposal to be an enlargement of a nonconforming use. The applicant appealed the decision of the Board of Zoning Appeals to the City Councii on Aprii 7, 2010. The City Council denied the appeal, advising the applicant to apply to the Pfanning Commission for an enlargement of a nonconforming use. G. D{STRICT COUNCIL RECOMMENDATION: The Union Park District Council has provided written support of the use of this property for the storage and warehousing of automobiles, and provided a set of sugggested conditions of approval. City Council SYaff Report Zoning Fi)e #10-506-729 July 7, 2010 Page 2 of 4 H. FINDINGS: 1. The applicant, Chris Ericksson, applied to the Pianning Commission for an enlargement of s nonconforming use permit on May 10, 2010 for indoor and outdoor automobile storage and indoor sforage of auto parts, with Crosstown Auto as the exciusive tenant. Tfie storage use at 9400 Dayton was proposed as an accessory use to a principa! nonconforming motor vehicle salvage use locaied at 218 Pascal St S. After determining thaY the application lacked a floor plan and adequate site plan, staff returned the application on May 26, 2010 with a notice to the applicant to resubmit it. 2. The parcel adjacent to 1400 Dayton on its south side, with an address of 0 Selby, Parcel Identification Number #032823210075, is owned by Public Works and proposed for use by the applicant as a secondary access way to 1400 Dayton. After planning staff asked Public Works for its position on the proposed use of this parcel, Public Works staff indicated that it was acquired for use as part of the future northbound ex#ension oF Ayd Miil Road. In addition, pianning staff ieamed that the 1400 Dayton property was aiso previousiy identified in 2005 by the Ayd Mitl Road Finai EIS as a parcel necessary for ful( acquisition by the City as future right-of-way for the northward exfension of Ayd Mill Road. This northern extension is also identified in the Transportafion Chapter of the Comprehensive Pfan as one of three road projects in the City with "future righi-of-way needs.° • Because fhe 1400 Dayton property's proposed use is by a lessee business fhat is not contiguous to it and because there are other conditions that shoufd be applied to the use to further define it and prevent an inadvertent expansion-of it to include other acYivities, � statf advised the applicant to withdraw his enlargement of NCUA application and re- submit the proposal as an interim use permit applicat+on. The applicant followed this staff recommendation. 3. State Statute 462.3597. Interim Uses defines interim uses, gives authority to goveming bodies to allow them, and specifies the required fndings for a establishing an interim use. §462.3597, Subd. 1 de{nes an interim use as "a temporary use of property unt+l a particular date, until the occurrence of a particular event, or until zoning regutations no longer permit it.° 4. State Statute 462.3597,Subd. 2.Authority ailows for conditions to be set on interim uses. The governing body may grant permission for an interim use of property it: (1) The use conforms to the zoning regulafions. This requirement is met. The property at 1400 DayYon Ave is zoned I1 Industrial, and warehousing and storage is a permitted use within the 11 district. The proposed indoor and outdoor storage and warehousing of automobiles and indoor storage of auto paRs is similar to the Zoning Code's warehousing and storage use, if the proposed use is sufficiently limited in nature and scrope to prohibit activities on the site associated with other related uses that have greater neighborhood impacts, such as auto repair, auto dismantling, engine rebuiiding or reconditioning, coliision service, auto painting, automotive fluid extraction acfivities, motor vehic(e salvage, or the retaii sale of aufo parts, vehicles, or engine fuels. . (2) The date or event that will terminate the use can be ident�ed with cerfainty. This requirement is met. As indicafed above, the 2005 Ayd_ Mill Road Finaf EIS identified tfiis property as a parce( necessary for full acquisition by the City as future right-of- - way for the northward extension of Ayd Mill Road. The Pubiic Works project manager for the Ayd MiA Road project has indicated that there are no current funds for right-of- way acquisition associated with this projecY, and he does not expect that funds will be availabie in the foreseeable future. While a date that would terminate this use [IIbl3J City Councl Staff Report Zoning Fife #10-506-729 Jufy 7, 2010 . Page 3 of 4 cannot currently be identified with certainty, an event can be identified wifh certainty. The event that wii! terminate this use is when the City takes possession of the property for the Ayd Mill Road extension project. (3) The permission of fhe use will not impose additional costs on the public if it is necessary for the public fo take fhe property in the future. This requirement is met. While the applicant may have to incur additional marginal costs to meet buifding and fire code requirements in preparing the property for the proposed use, the applicant proposes no changes to the structure of the building or to the site layout. The pesmission of this use will not impact the cost to the City of acquiring this property in the future, as the property is currently a warehouse that was used in the past for storage and is now being proposed for a use similar to warehousing and storage if a specific set of conditions are imposed upon ihe use. (4) The user agrees to any conditions that the governing body deems app�opriate for permission of the use. This finding is met. The applicant has reviewed the conditions proposed by staff and has deemed them appropriate. 5. The proposed indoor and outdoor storage and warehousing of automobiles and +ndoor storage of auto parts is consistent with the Land Use Chapter of the Comprehensive Plan's Generalized Future Land Use policy designation for the parcel, which is "industriai." I. STAFP RECOMMENDATION: Based on the above findings, staff recommends approval of � the interim use permit to aliow indoor and outdoor storage and warehousing of automobiies and indoor storage of auto parts, w+th the foliowing conditions; 1. The approved use is for indoorloutdoor storage of automobiles and indoor storage of automobile paRs, consistent with the site planffloor plan on file with the City. The permit is not approved for motor vehicle salvage use. 2. The use shall expire when the City takes possession of this property for the Ayd Mill Road extension project. 3. Principal access to the 1400 Dayton property shall consist of a driveway off of the terminus of Dayton Avenue; semi trucks are prohibited from accessing the property's southern driveway, located off of the parcel on the north side of the Selby Avenue bridge (PIN #032823210075). 4. A written agreement with the owner o# property at 1462 Dayton Ave shall be ma'intained by the owner of 1400 Dayton Ave that allows for a minor encroachment along the former property's eastern border. 5. The presence of employees onsite shaif relate only to the transport of automobiles and auto parts to and from Crosstown Auto to 1400 Dayton Avenue. 6. No more than 37 automobiles shail be stored outdoors on the parking lot at a time, and no auto parts or partialiy-dismantied automobiles shall be stored outdoors at any time at 1400 Dayton Avenue. 7. No automobiles shall be dismantled onsite at 140� Dayton Avenue. 8. No auto repair, engine rebuiiding or reconditioning, collision service, painting, or , automotive fluid extract+on activities shall occur at 1400 dayton Avenue. 9. No auto parts, vehicles, or engine fuels shal4 be available for retail sale at 1400 Dayton Avenue. City Councii Staff Report Zoning File #10-506-729 Juiy 7, 2010 Page 4 of 4 1 �. Screening of fhis use must be mainfained along the norfhern porfion of fhe property's eastern border, including landscaping or other screening to obscure the use from the adjacent property. 91. The appi+cant shall compiy with the cond+tions of site plan review. 12. Any required building permits, and if necessary, demolition, grading, or utility plans for the use shall be approved by a City buiiding official prior to the buiiding being re- occupied. 13. An appropriafe CerEificafe of Occupancy for the use shall be approved by the City Fire Marshal prior to the building being re-occupied. r1 � u - i • x�; 3z o� � �� i �'� � ��, ; � o O " 0 ��\Z< �W � � ��a� 10-754 0 < Z Z Rm� g � � � „ � Z W ° } � aI • 3�� O �O QW-� � � SzZ W N J W U �� Q a 1 f� oY�Q� O;� i � oa �Cw�n�.� �Qc � �e °— �� 11 I � . , . 1S 1b3H1'tl �- — • i > O 4 0 � �_ -_�; � _- -_, � �__ -_, ��� �-___� � __: � :_ _- _. � ---� 1 N � � j �� t.\ z � � �� \ N « � 1 ~ f � ' m� ' � ` V I 0 ^ F W � � Q�'6 g R �sa �o a t ¢ z ��� �� ` `` � ` \ S � � \` � \ � �� � v £ � 3 � � y � � �� _ � n �`uR `�� ����� �=__-_ _=-; ��� �� �� � �� �- _ -� � � .-__= � ._ __._ _ ==-� ��� \ � �e ��� � �� , �� �� � � � � � j \ � \ � � � � � i LL � � a ,` `� � � � , � � 1 �� � � � �w / a N� � � ! V l� 4 ' 4 } 4 � �� 1 � 1 / 1 j 1 � i � r' � O � f�` h io-�sa • 7une 3, 2010 Attn: NIz. Luis Pereira Department of Planning And Economic Development 25 West Pourth Street Saint Paul, MN 55102 RE: Application for N[7P- Enlazgement 1400 Daytan Ave additional infarmation for consideration Deaz Luis Thank you for arganizing the meeting on Tuesday. This letter is to provide additional inforsnation that was requested during our meeting on Tuesday 3une 1, 2010 by Mr. Zangs, Mr. Beech, Ms Tilley and you. INTENI9ED USE DETATLS USE—to storelwazehouse auto parts and operable and inoperable cazs inside the warehouse and 37 operable or inoperable cars outside but no partially dismantled • vehicles. There will be NO dismantling activities or car crushing on the premises. PARTS: Crosstown Auto wiil be bringing Palletized boxes via forklift from Crosstown Auto (on same Street about 300 feet away) into the 1400 Dayton Ave warehouse. The forklift will either piace the palle2 on one of the docks, or drive into the building via the westem south gazage street 1eve1 garage door. The pallets will then be moved through the building either by forklift or pallet jack. ENGINES, TI2ANSMISSIONS and RADIATQRS- any parts containing fluids will be drained at Crosstown's Pascal location. Crosstown Auto's lease will prohibit them from having any parts filled with fluids on the premises at 1400 Dayton Ave. VEHICLES--Crosstown Auto wiii dxive cars into the buiiding via a ramp into the north facing garage door. T have indicated this on the site plan. As many as 37 cars will be pazked outside. TRUCKS - Crosstown Auto will offload their auto hauler as indicated on the site plan and then drive the c�rs into the building. They will also park this auto hauler (semi tractor) on the property when they are not using it. The location of this off loading is noted on the site plan. EMPLOI'EES- there will be NQ employees stafioned in the building. There will be new l jobs created with this proposal but those employees will be stationed at Crosstown Auto � Pascal St location 300 feet away. BUILDING IS NOT T3EATED-building has no heat or air conditioning • BATHROOMS- there aze no bathrooms, tkere will be uo employees stationed at 1400 Dayton and it will not be open to the public. Potential encroachments-- The only potential encroachment wo�ld come from driving between the building and the abandoned railroad spur at the narrowest point. T1us property is owned by Palda however it is on the 1400 Dayton side of there chain link fence. I have included at letter &om Jay Paida giving Crosstown Auto Permission to encroach on that porkion of their properky. EXISTING PAVEMENT to remain. The Parking lot is asphaIt and wiIl stay as is. The parking lot is nof open fo the public and wili not be striped. SCREENING- The fence between Concordia University and 1400 Dayton has eatensive vinery screening the view from Concordia to my propezty. T have enclosed a picttzre taken from Concordia properry looking towazds 1400 Dayton Ave. CODE ANALYSIS- A code analysis is being performed. It will be ready in a couple of days. The current occupancy is an 52 watehouse. Auto parts storage and vehicle storage is approved in a SZ warehouse. SPRINKLERS- The building is sprinkled to a minimum of 2 gpm per 1500 square feet. • This is adequate for auto parts storage and vehicle storage. I have included a letter from Midwest Fire Protection that states fhis. Thauk you for considering my apptication C]uis F.riksson 612-386-5099 _ io-7sa � . � MEMBER NATIONAL FiRE SPRINKLER ASSOCIATtON, INC. 324 HARDING STREET NORTHEAST Iune 4, 201 D RE: 1400 Dayton Ave. S. St. Paul (612) 331-1411 MINNEAPOLIS, MINNESOTA55413-2802 Fax 33}_�q�2 According to NFPA 13 Standards, a parking garage shouid have an ordinary hazard group 1 listing with a density of .I 5 GPM over the most remote 1 S00 square feet of azea. A parts storage azea less than 10 feet in height would be an ordinnry hazard group 2 listing wrth a density of .20 GPM over the most remote 1500 square feet of azea Normally a functioning, well-mattitained pipe schedule system (sunilar to yours) should be able to produce those two densities. James A. Kuempel President J oa�wx�smA su ucFxse aco t FOR'fHE PRESEftVATION OF LIFE AND PRpPER7Y FROM FIRE ��� . �B� 4 30.4433 AX 44,�95 ���i �'X J ��. (-E(�T.<u.cOlr'rAaCaRs £vQ'JAYTONRV�. ��` �+ SL FAU1. MIJ 55t00 I ,, u C� _ 10-754 •����� ItN7DNPkRHDi�fWC7Ca7lFNGt IS;4 Ccmccr� ���a� �:i: LL10f3 Sain; Pa�!, ?v�i >"�1C� � � � � p�'a1-6"�-�88i € i Fs.71-917-994I _E ��ic�t��ian�axscic,org j w���, Pebruar� 8, 2010 John Hardwick, Zoning Luspectpr Baazd of Zoning Appeals 375 Jackson Street Stute 220 Saint Paul, MN 55101 Dear John, The Union Park Dist�-ict Council's Land Use Committee on January 26, 2010 reviewed Chris � Eriksson's apgeai of the decision of fne Zoning Adauustrator fhat the currettt use of his property at 14d0 Daytan Avenue is a motar velucle saivage operafion which is not pert�itted in the I-1 Tndustrial District. `I'1ze Land Use Committee felt that fhe proposed use_of the property was warehousing and was not a motor vebicle salvage operation, an3 voted to support the applicant's appeat. The Union Pazk District Counczl Board of D'uectors, at its February 3, 2Q1� meeting, voted � ously fo support Mr. Briksson's appeal of the zon�ng administrator's decision as long as the ouang conditions that were part of the agplicant's grounds for appeal are met: 1. There wi11 be no dismanfling of cars on t1�e property. 2. There wilI be no mechanical activities of any sort on the property. 3. The property will noZ be open to the public. 4• Parts tvill 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 District Council feit that the proposed used of the property is not an �xpansion of a motor vehicle salvage operation, but rather is warehovsing which is permztted in t]ais ;oning district. �anlc you for your consideration. especffuIly, �ger Hromander, Executive Directar �ion Parlc District Councii 7Q Concordia Avenue, LLI00 Pau1, MN 55104 -645-6887 � union arl4dc.or � SA(NT PAtlt RREA CHA(-IBEft OF �MMERCE Nf3CCt� f5, 2��� Counciirttember Meivin Carter 3 [ 0-A Cit.y Eiall 15 Ke[logg Bfvd., West Sasnt Pauf, MN 55 ! 02 Qear Councilmember Carter. 1 am writiag in. regards m zhe appeaf of Chris Eritasoct frrorti tfie Fe6ruary 8 dacision af the Board of Zoning Appeats (BZA) derrying t�im from usirtg his property at. ! 404 Daytorr Avenua for statage and ware�iausing. Mr. Er�ksson desires to enter ir�to a tease with Crasstowri Auto, inc. (Crosstown) for the storaga of vehicles and car parts. Mr. Erilcsson is unable to do so at this tima because the BZAfound thaz sucfi a use constitutes an accessary use and thus an a�aizsion of a non-confortnirtg mator vehide salvage dealership. "fhe Saint Paul Araa Chamber af Commerce supports the property owner s desired intertded use and encourages tt�a City Counci! to recortsider h4is matter. AItE�ough tha leasing of 1460 �ayton Ave. to Gosstowrr may theoretica!!y constitvte an accessory e�se of the proposed tenant pursuant to Section 65.9QQ(d) of the City Code, such a ciassifcatian under the circumstances ignores the prac-�caf reality that the appEicanYs intencted use is not in fact an e�.iansion of an auto safvage operation; but principalfy for storage and warehousing. Storage and warehousing as a principaI use is permitted iri an i- E zoning distr-ict. Therefore, the proparty owner sho�id be af(owed tfl errter irno a lease with CrQSStown as described in his apptication. The inguiry shou[d not be foatsed on who the property ov�mer wartts to tease his property to, but raxher on what the property wifl be e�sed for. Furthermore, tlze property owaer has agreed to conditian the proposed tertarrt's use of the property so as to ensure that it does not expand an auto �lvage business. I-fe has agreed eo (1 } prohibit dismantling of vehicies, {2) prohibit crushing a{ cars, (3} prohibit storittg af �art3ally dismantfed vehicles, (4} profiibit ope�irtg the praperty to the public {or the sale of parts, and (5) prohi6it storing mare than 30 vehicJes on the e�erior of the propErty at any oae tima. These conditians show a commitment by the property owner to ensure that the property does nat expand an existing auto salVage business irt Saint Paul. Additionatly, the Cf�amber supports Mr. S�� !1 Charnber of Commerce CerKer // ?01 Nwth Robert Stree�, Suite 1 SD // Saint Paul, Mirsnesota SS ! 01 L� _ 10-754 y � ' , '• • � � r SAINT PAVL hP,J CHAHBER OF COMM£BCE Eriksson's appea! he-,.ause i� wi!( fikely r�.suft in tfie creztion af additiaral je�s, fur`�.her investmertt in the property, 2nd �se oi z buildirtg that remai�s vacarrt. The Chamoer appreci�t�s your consideration. Plaase do not hesitzte ta caaract me with atty ques�iarrs or commertts. MichaeE Belaen Director of PubEic Affait3 CC: CounciEmember Presiderrt Katfiy Lantry, Cour�cilmem6er Daue Thane, Councilmember Lee Helgen, Councilmember I?an Sastsom, Councilmember Pat Harris, Councifinember Russ Stark C� , � JI Chambzr of Commerce Cerrer 11 401 Norh Robert Street� Sulce I50 /1 Saint Paul, Mirnesota 551 Q I .1.l..i.r.\ �!�=.�r.::._.i_ .,��t�,ncw_ 1600 University Ave W, ste 305 St Paul, MN 55104 � Apn15, 2010 Cify of St Paul City Counci! Members Dear Councii Members: I am writing in support of Ch�is Eriksson's appeal of the decision of fhe Zoning Administrator regarding the proposed use of 1400 Dayton Ave zoned t-1 industria! District. Storage and warehousing is a permitted use and the building has 6een a warehouse for af least 50 years. The Union Park District Co�nciPS. Land Use Committee is also in support of the app[icant's appeat. Mr. Eriksson wouid like to rent the 6ui(ding to Crosstown Auto LLC to store autoparts and.automo6iles inside the warehouse. On behalf of the Midway Chamber of Commerce Board of Directors 1 am asking the city counci! to allow this use with the following conditions, which Mr. Erfksson has agreed to: 1. 2. 3. No outside storage of parts or partially dismantled cars lVot open to the public for parts sales No mechanicaf activities on the premises 04he[ then the significant investment into the property by Mr. Eriksson, at risk are the new 5 warenouse jobs that the surrounding community o'r for that matter any cornmvnity in toda�s economy, is desperateEy in need of. We are aA investing a great deal of time and energy trying to identify new opportunities to expand the tax base and put people to work. This is ready to go and the District Council approves, please hefp move this fonvard and get 5 people working as soon as Thank you for your consideration! . Sincerely, Lori FrifEs President �J - 10-754 Eriksson, Chris (Wavzata West MN) � �m� LaMott, Eric E fLaMott@csp.eduj nt� tiN°_dnesday, January i 3 2010 10:45 PPI� Ta� Enksson, Cnris (VJayza�� West, fv4N} S¢6ject: RE: 1400 Gayton Av� Tha�ks Chris Let me know if you need any �hing e1se. Eric Eric E LaMott Ph.D. Vice President for Administration Rrofessor of Kinesiology Concordia University, St. Paul 215 Gangelhoff Center 275 Syndicate St. N. St. Paul, MN 551Q4-5494 (651J 641-8729 (ofirce} (651J 641-8?87 (fax) lamott(�csq edu http:lfhomepages csp edu/lamott! e-marf, including attachme�ts, may incfude confidential andJor praprietary information, and may be used onfy by e person or entity to which it is addressed. If the reader of this e-maii is not the intended recipient or his or her authorized agent, the reader is hereby notined that any dissemination, distribution or copying of this e-mail is proh+bited. If you have received this e-maif in error, please notify the sender by replying to this message and delete this a-maif immediately. From; Eriksson, Chris {WayLata West, MN} [mailtachris_eriksson@mLcom] SenE: Wednesday, January 13, 2010 2;06 PM To; LaMott, Enc E. Suhject; RE: 1400 Dayton Ave =ric, Thank �gou for your quick response and approval hris om: LaMott, Eric E. [mailto;LaMott@csp.edu} :nt: Wednesday, January I3, 2010 1:51 PM : Erikssan, Chris (Wayzata West, MN) bjecE: RE; i400 Dayton A •- ------ �-'--`— is have no problem with your change in use. I would assume aopeopriate scrzening would be in place where � ssary. e know if you need anything else for your initiative. �re{y, / La M ott tmage below excerpted from Figure z-tC, Ayd Mili Road, Preferred Altemative (North Sub- • . Area� -- . r_:G.;:',' ��S�,JCr_�t li) L� � �� � � � T n �— Easnrv��uxtmr � _ - ' :-s � -_ _ i�tOP�9ftOA0VfAY — R$AiMR�IWSELS i'-�]����CtG�F7a��7����� .�{j� ,� r= � , - �$ FAaaosa)8fuocESsitl.mes�=_mrtsmna;orvaFadznnse�aafineeridgea bn '+'tCZC- ( �(� � A{QPQS�TttP@1FL i ''7�'-`�_ ��,� --�� �( � ' � ,"` . _ t _ LI " �'2 �fM9�t � t �u=�L ' i�-_ - !.' :i :y r ,_ . - �- _ caw.Eat�raa�a+�acs - - - - --' exisiu+�eta�smeemnw —.��-��—� f�� r;?,' ' � r�u¢s �� 7 , -- -� � <<, ; ��`�`::^�,.� �' � % `� � - U ' -- - ,'r.� ^„ w�, '��:`,�`— � �a� J . = , r... C �� � E{ �I `1'li'i _. .. � �u,p(�—'(''pl �e .€ I?c' � ., � 4.�..�' � 'r' `�""' - _" - �Jt� tJ�^��:T7�,4�i „�- "2.T=�1 d� . {,}7T?���J'.�7Ci'� C�1� Fc.__..__— E7i� i C'n._ `f.=, �?l� C� �€(�`i��YJ� rer_���I df ?� �f �Lt.I i ��U� ( r�� Jr ^L� � � � �u-�y�..� u ,R.. :��+N� ��CC� ��[i("j:COUS� 7 iv�`:l[� �l rL.C1�7C� �� i400 Dayton property `� Image below e�ccerpted from Fig. 7-i, Right-of-Way Acquisition, from "City of Saint Paul j Ayd Mi11 Road Final E1S (January 200�) � � � p a�a G` _ �e�nn �`� �' � � � � =`IYL raR:,E; nt:;Utst'16.R - � f Q �_ p �,. `K � F0.3�I.�H:tli6ER €R,'Li A,(+'.II1Slgltl4'X �' � AfP1ID%7l17erc P:R:TCL. AI�R ' � 4 TD z t.NUI� . m � . ❑7 PARtEt hl,iAi@�R cPARTdA1 � 13EtCSiTE�tN �� � � � -� '��- �t: � +r � x � �� • � ■� � r • � ■ - �l� t , A � � ��`'- �i _ _ � -- AFPCall%. LCNG7i CF Rt4 FfAUIS]TILYI — PnRCCL �72AfaAiti3 . I, � � h:-F£MTe+�L hT311tILF '�AII E%�'ENSIBt �� � gius� _ "_ f � '- - �40o Daxton . � (} ❑ � property ❑� [t-� p i � �� � 4 � 10-754 Page 1 of 6 Luis Pereira - RE: draft conditions for the use - 1400 Dayton Ave - follow-ap • ° —___°_ -_.� From: "Eriksson, Chris (Wayzata West, i�IN}" <chris_eriksson@ml.com> Ta: Luis Pereira <Luis.Pereira@cistpaul.mn.us� Date: 612212010 2:4� PV� Subject: RE: draft conditions fot the use - 1400 Dayton Ave - follow-up Ni Luis Z/ Per our conversation today I understand that according to Minnesota law and United States law that j �� compensation for the property is implicit in the phrase "take possession of' . There for I approve of the conditions of the interim use permit. Thanks Chris � From: Luis Pereira [mailto:Luis,Pereira@ci.stpauLmn.us] Sent: Tuesday, June Z2, 2010 11:52 AM To: Eriksson, Chris (Wayzata West, MN) Subject: RE: draft conditions for the use - 1400 Dayton Ave - follow-up Hi Chris, LeYs taik by phone today. I am availabie after 3:30 PM if you can. 651-266-6591. Thanks, Luis Luis Pereira Ciry Plauner Planning and Economia DeveloQment 25 4th St W, 110� City Ha11 Annex, Saint Paui, i�II�7 55102 P:651-266-6591 F:651-228-3314 luis �reirana ci st�aul mn us . Making Saint Paul the Most Livable City in America '»> "Eriksson, Chris (Wayzata West, MN)° <chris_eriksson@ml.com> 6/22/2010 8:45 AM »> HI Luis file:HC:lDocuments and Settingslpereira�I.oca1 SettingslTemplXPgrpwise\4C20CB77maii... 6I24/2010 Page 2 of 6 i like the way you changed the first condition. On the second one 1 stiil have same concerns. To me, acquire � implies the exchange of maney, take possession of.does not necessarily mean that I was compensated forthe property. I have a friend that lost his property to eminent domain and the city (St Louis Park) is expanding a road over it. His rent has stopped and he still has not received the money. I do want to get into this situat+on. Can you add something like "and properry owner has been compensated for the property" or somethi�g like that. Also why couldn't the city just use eminent domain to terminate the use at the time of acquisition? Thanks Chris Fmm: Luis Pereira [mailto:Luis.Pereira@ci.stpaui.mn.us] Sent: Mortday, Jane 21, 2010 4:33 PM To: Eriksson, Chris (Wayzata West, MN) Subject: RE: draft conditions for the use - 1400 Dayton Ave - follow-up Hi Chris, Sure. Your questions are good ones, and I have a few answers. 1. We are proposing to rrrodify the first condition to read as follows: 1. The approved use is for indooNoutdoor storage of automobiles and indoor storage of automobile pafts, consistent with the site pian/floor pian on file with the City. The permit is not approved for motor vehicle saivage use. 1 think this new ianguage will address your concern, and our concem. We are trying to limit the permit not specificaliy to Crossfown Auto but to the warehousing and sforage use, and as such are trying to construct conditions so as to not allow this use Yo inadvertently tum into other similar, more expansive uses such as motor vehicle salvage. 2. You are correct, the City can use eminent domain. However, we realized the way the language was constructed in the second condition was a b+t vagae, as mere "acquisition" of the property by the City does not necessarily mean the road project will move forward immediately. For instance, sometimes the City acquires property for righf-of-way for a road projecf, but project delays mean that fhe acquired property is not touched for a period of time by the City. In the past, the City has occasionally leased an acquired property hack to the originai owner in order to ailow it to be used in the interim between fhe fime it is acquired and fhe point at which the road project actually moves forward. With this in mind, we propose the following change to the co�dition ianguage: 2. The use shal! expire when the City takes possession of this property for the Ayd Mill Road extension project. There is a differe�ce between "acquire" and "take possession oF; the former simpiy means to purchase the property, while the IatEer means to not onfy purchase but to aiso "take conlrol of' the property. �� Piease fet me know if you have questions, and if you now are comfortable with these revised conditions. — Thanks, file:/!C:\Documents and SettingslpereiraiLocal Settings\TemplXF'grpwise\4C20CB77mai1... 6/24/2010 10-754 Page 3 of 6 . Luis Luis Pere'ua CiTy Planner Planning and Economic Development 2S 4th St W, I 100 City Hall Annex; Saint Paul, NLQ >5102 P:651-266-6591 f:651-2283314 luis_perei ci stpaul mn us Making Saint Paul the Most Livable City in America »> "Eriksson, Chris (Wayzata West, MN)" chris erikssonCa�ml.com> 6J21/201Q 3:16 PM » HI,Luis Here are my questions: 1. In regards to restriction number 1 I realize that the conditional use permit to expand a non conforming use is for Crosstown Auto and is only for them, but storing auto mobiles and auto parts is a permitted use in an I-1 district and a s-2 warehouse. So with that said if Crosstown auto went out of business, would I be able to store parts for say Napa auto? I guess the nature of my question is, does this restriction limit my future use beyond what the zoning allows? Or is it simply if Crosstown terminated their lease we start over with a clean slate? • 2. Item number 2. Termination of the use when the city acquires the property for the expansion of Ayd mill road. This is sort of open ended, does that mean when the transaction is closed, I have received the funds, the use terminates? Also I am curios why che city wants this, if they can use eminent domain to acquire the property couldn't the city also use eminent domain to terminate the use at that time? The rest of the items look fine, f wilf review them with the tenant but they line up with the lease so they should be ak Thanks again for your help Chris From: Luis Pereira [mailto:Luis,Pereira@ci.stpaul.mn.us] Sent: Monday, June 21, 2010 11:01 AM Tu: Eriksson, Chris (Wayzata West, MN) Subject: draft conditions for the use - 1400 Dayton Ave - foliow-up � Hi Chris, file:/(C:\Documents and Settin�s\pereira\Loca1 Settin�s\Temp�XP�rpwise\4C20CB77mai1... 6t24t2010 Page 4 of 6 Any thoughts on this? Luis Luis Pereim City Planner Planning and Economic Development 25 4tii Sf W, ] 100 City Hall Aanay Saint Paul, MlV 55102 P:651-266-6591 F: 651-228-3314 � luis.pereira�a ci.stpaul,mn.us Making Saint Paul the Most Livable Ciry in America »> Luis Pereira 6J18/20i0 1124 AM »> Hi Chris, Please review the below drafk conditions of approval and let me know (f you object to any of them (and if so, why you object). In order for me to recommend approval of the interim use you have proposed, the applicant (you} need to be okay with the proposed conditions of approvai. Thanks, Luis Draft conditions of approval: • 1. The use (indoodoutdoor storage of automobiles and indoor storage of automobiie parts) is oniy • approved for Crosstown Auto, a business located at 218 Pascai St S. 2. The use shall expire when the City acquires this property for the Ayd Mill Road extension project. 3. Principal access to the 1400 Dayton property sha(I consisf of a driveway off of the ferminus of Dayton Avenue; semi trucks are prohibited from accessing the property's southem driveway, locafed along fhe northem portion of 4he Selby Avenue right of way (PIN #d32823210075). 4. A written agreement with the owner of property at 1462 Dayton Ave shall be maintained by the owner of 1400 Dayton Ave that altows for a minor encroachment along the fnrmer property's eastem border. 5. The presence of employees onsite shall relate only to the transpoft of automobiles and auto parts to and from Crosstown Auto to 9400 Dayton Avenue. 6. No more than 37 aufomobiles shall be stored oufdoors on the parking lot af a time, and no auto parts or partially-dismantled automobiles shall be stored outdoors at any time at 1400 Dayton Avenue. � 7. No automobiies shall be dismantled onsite at 1400 Dayton Avenue. 8. No auto repair, engine rebuilding or reconditioning, coliision service, painting, or automotive - fluid exfraction activities shall occur at 1404 Dayton Avenue. file://C:iDocuments and Settin�sipereiralLocal SettingsiTemp\XPgrpwise\4C20CB77maii... 6/24/ZOIO 1Q-754 p age 5 of 6 9. No auto parts, vehicles, or engine fuels shaU be available for retail sale at 1400 Dayton Avenue. • 10. Screening of this use must be mainfained along the northern portion of the property's eastem border, including landscaping or other screening to obscure the use from the ad}acent property. 11. The appiicant shall compiy with the conditions ofi siie pian review. 12, Any required building permits, and if necessary, demolition, grading, or utility plans for the use shall be approved by a City buifding officiai prior to the buifding being re-occupied. 13. An appropriate Certificate of Occupancy for the use shall be approved by the C+ty Flre Marshal prior to the building being re-occupied. L� Page 6 of 6 Luis Pereira City Planner Pianning and Economic Development 25 4th St W, I 100 City Hati Annex; Saint Paul, MN 55102 P:651-266-6591 F: 651-2283314 luis pereirn.�ci s aul�nn us Making Saint Paul the Most Livable Ciry in America � CAUTION: electronic maii sent through the Intemet is not secure and wuid be intercepted by a third party. For your protection, avoid sending identifying inforrnation such as acmunt, Sociai Security, or card numbers to us or others. 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By messaging with Merrili Lynch you consent to the foregoing. � file://C:U�ocuments and Settings\pereiralLocai Settin�s\Temp�XP�rpwise\4C20CB'77mai1... 6/24/201d 10-754 page 1 of 4 Luis Pereira - RE: Negt steps -1400 Dayton � -��_.- --_�—�---, .._��� - � _. _ :� From: 'Briksson, Chris (Wayzata West, Mi�" <chris_eriksson@ml.com> To: Luis Pereira <Luis.Pereira@ci.stpaul.mn.us> Dafe: 6114l2010 11:04 AM Subject: RE: Neat steps -1400 Dayton Hi Luis Two things � 1. Piease withdraw my application for a expansion of a non conforming use as of todayJune 14, 2010 2. Please start my application for an interim use permit to use 1400 Dayton Ave for the indoor/outdoor storage of automobiles and indoor storage of auto parts associated wiEh Crosstown Auto. Thankyou � Chris Eriksson Fram: Luis Pereira [mailto:Luis.Pereira@ci.stpaui,mn.us] Sent: Monday, June 14, 2010 10:52 AM 70: Eriksson, Chris (Wayzata West, MN) Subject: Ne� steps -14�� Dayto� Hi Chris, I need to let the City Councii know by this Wed�esday if the in[erim use permit is going to appear on the ]uly 7, 2010 Councii agenda; the reason is that the Council must announce, at the prior Council meeting (6J23), that the permit will show up for a public hearing on 7/7. (There is no Council meeting on 6J30). Because T a{so need time to prepare a report for the interim use permit, I'll need to hear from you no later than tomorrow afternoon. If I don't hear from you by tomorrow at 4:30 PM, the ne� time the case could be at City Council would be on July 21st. Again, what I need from you to proceed torward on the 7/7 City Councii public hearing are: ' 1. A statement saying you'd like to withdraw the Enlargement of Nonconforming Use Permit (NCUP) appiication, and that staff should use the materiais you have submitted for this NCUP application for the interim use permit (site planJfloor pian, Paidas letter, descripGon of the use, etc.). 2. A statement that would constitute your application for an interim use permit to use the property at Page 2 of 4 1400 Dayton for the indoorJoutdoor storage of automobiles and indoor storage of auto parts associated with Crosstown Auto. • Emaits of these statements should be suffi�ent. Please let me know if you have questions. Thanks, Luis Luis Pereira � City Planner Planning and Economic Development 25 4tfi St W, I100 City Hall Annex, Saint Paul, MN 55102 P:651-266-6591 F:651-228-3314 lvis reira(a�ci st�aul mn us Making Saint Pavl the Most Livable City in America »> Luis Pereire 6/11/2010 8:54 AM »> Hi Chris, Sure. One reason for tfie interim use is that it is a simpler way to limit the use to Crosstown Auto (auto parts/automobile storage} and the permit can clearly specify that the use wi(1 cease when the properly is acquired by the City for the Ayd Miii Road extension project; l.e. the Ciiy actualty acquiring the property is the "event." Mother reason is that the interim use permit is also likely to be a quitker process than going through the Planning Commission (the interim ase will only need one public hearing%City Counc+i meeting for a decision to be made, while the Pianning Commissiori needs both the Zoning Committee public hearing on June 24th and the full Planning Commission meeting/decision on Juiy 2nd). Finally, there is less risk that an interim use permit will get • denied at the City Counci( than (f it goes through the P(anning Commission (Crty Council has 7 members, while the Planning Commission has 21). Thanks, Luis Luis Pere'ua City Planner Planuing and Economic Development 25 4th St W, 1100 City Hall Annex; SainY Paul, MN 55102 P: b51-266-6591 F: 651-228 3314 luis, rei ci.stpaul.mnas Mat3ng Saint Paui the Mosf Livable City in America »> "Eriksson, Chris (Wayzata West, MN}" <chris eriksson@ml.com> 6/10/2010 220 PM »> Hi Luis Thank you for your work on this matter. i have a request. Can you please send me an email that details why city staff thinks this is the best way to go and what time frame or event the interim use permit will be for. Thankyou Chris - fileJ/C:�Documents and Settings\pereira�I,ocal SettingsiTemp�'grpwise\4C160DEEmai1... 6/24/2010 sitelfloor plan for 1400 Dayton 10-754 page 1 of Z Luis Pereira - RE: sitelfloor plan for 1400 Dayton i___� __�_.�u ��_.�� From: "Eriksson, Chris (Wayzata West, MN)" <chris_eriksson@ml.com> To: Luis Pereira <Luis.Pereira@ci.stpaui.mn.us> Date: 6/41201010:00 AM Subject: RE: site/floor plan for 1400 Dayton Hi Luis � Yes I am going to provide a letter trom Palda that states that they are ok with an encroachment. However I am not sure abaut the property lines on your photo. I went there yesterday and measured there is 16 feet of asphalt from the corner of the building towards the railroad tracks, then the tracks and then about 4 feet and ihen a chain link fence. So if there is a property line there, SPS companies paved over it 60 years ago. Either way I will have the letter. This is also why 1 put the alternate ramp location on the northside. Thanks • Chris — -_ _ _ - -- — - --_ _ _ From: Luis Pereira [maiito:Luis.Pereira@ci.stpaul.mn.us] Sent: Friday, )une 04, 2010 9:51 AM To: Eriksson, Chris (Wayzata West, MN) Subject: Re: site/floor plan for 1400 DayYon Hi Chris, Thanks. I have a question, however, This floor(site plan you submitCed seems to indicate that the property line between 1400 Dayton and 1462 Dayton is over 16 fieet from the northwestern corner of your building. However, the aerial photos we have suggest that the partef line of 1400 Dayton may be as �ittie as only two (2) feet from the northwestern edge of your building at 1400 Dayton Ave, which would make it impossible to get cars through to the westernmost ramp/door without encroaching onto 1462 Dayton (see attached aerial, the 1400 Dayton boundaries are highlighted in pink). 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