00-497d���� ��
ORlGINA�. �,k� ,�r��
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File #
Ordinance # �f�- �97
Green Sheet #� /�3j�.r' �fC/
4Y
Committee Date
WI3EREAS, Pong Yun Kim, in Zoning File 00-117-484, m e application to the Saint
Paul Planning Commission (hereinafter "Commission") for a Spec� 1 Condition Use Permit
pursuant to the provisions of the Saint Paui Zoning Code for pro eriy commonly lrnown as 681
North Snelling Avenue and legally described as Lot 2, Block , Hopkins Second Addition to St.
Paul; and
WHEREAS, the Commission's Zoning Comm' ee conducted a public hearing on the
said application on February 17, 2000, after having p vided notice to affected property owners
and submitted its recommendation to deny the appl' ation to the Commission. The Commission,
on February 25, 2000, moved to deny the applica � on based upon the following findings and
conclusions as set forth in Resolution No. 00-1 .
1. The applicant proposes to lease the acant property for the purpose of establishing a nine
table billiard hall. Previously, the uilding was used as a martial arts school. The
applicant proposes to operate t billiard hall from 12:00 noon to 1:00 a.m. daily. No
alcohol would be served. The pplicant has secured a parking lease agreement from a
nearby oil changing busine that would allow billiard hali patrons to pazk at its facility.
2. Section 64.300(d) of
grant approval of a p;
that: �
zoning code requires that before the planning commission may
ipal use subject to special conditions, the commission shall find
a, The extent ocation and intensity of the use will be in substantial corrtplianee with the
Saint P I Comprehensive Plan and any applicable subarea plans which were
appro ed by the city council.
Tja4s condition is met. The recently completed Hamline Midway Community Plan
,does not recommend any specific changes to this particular commercial area. The
plan does recommend specific strategies applicable to the entire community for
strengthening relarionships between businesses and residents and reducing conflicts
over parking in commercial areas.
O�- �i�
b. The use will provide adeguate zngress and egress to minimize traffzc congestion fn the
public streets.
This condition is not met. This particular use will require an additional 10 parking
spaces and the applicant has secured a parking lease agreement with a nearby oil
changing business. The lease agreement, however, is insufficient. The lease lacks
specific reference to the number of pazking spaces that will be leased, and also 1 ks a
site plan that idenrifies the location of the leased parking spaces.
Even if an appropriate lease was provided, the location of the leased spa s does not
lend itself to convenient use by potential billiazd hall patrons. The dis ce between
the leased parking site and the billiazd hall is approximately 250 fee and billiard hall
patrons would have to cross Snelling Avenue at an unsignalized i ersection. With
the lack of proximate off street parking within the immediate ar , it is more likely
that billiard hall patrons will attempt to use the limited on stre parking along
Snelling, Blair and Van Buren thus adding to congestion al g these streets.
c. The use will not be detrimental to the existing character of development in the
immediate neighborhood or endanger the public healt , safety and generat welfare.
This condition is met. The proposed billiard hall i a compatible use to the auto repair,
gift shop, video store and grocery store uses in t is particular B-2 district. As long as
the billiard hall's Snelling Avenue entrance is e sole entrance for customers, there
should be minimal impact upon residential operties.
d. The use will not i»spede the normal
surrounding property for uses perrr
This condition is met. The
developed.
e. The use shall, in all other
district in which it is locai
5rderly development and improvement of the
in the district.
property in this B-2 district is fully
conform to the applicable regulations of the
Except for the condif n relating to a 100 foot setback from residential property, this
condition is met.
3. Section 60.534(3) o the zoning code identifies billiard halls as a special condition use in
a B-2 district sub' ct to the following condition. "Bowling alley, billiazd hall, indoor
archery range, i door tennis courts, racquet ball and hand ball courts, dance hall,
electronac g e room, indoor skaring rink, ar similar forms of indoor commercial
recreation w en located at least one hundred(100) feet from any front, rear or side yard of
any reside tial lot in an adjacent residential district measured from the closest point of the
buiidin n which the use is located to the closest residential property line."
3ition is not met. The distance from the back of the proposed billiard hall
to the sideyard of a single family residence in a R-4 district is '15 feet. While the
has secured a statement from the same residential property owner who states he
-2-
4d- ���
2 is in favor of the billiard hall and has no concerns relative to the biliiard hall's proximity
3 to his property, modificarion of the 100 foot distance condition would not protect future
4 residential property owners and tenants from this type of use_
5
6 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Planning
7 Commission denies the special condition use permit for a billiazd hall at 681 N. Snelling
8 Avenue.
9
10 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, P ng Yun
11 Kim on March 17, 2000, duly filed an appeal from the determination made by the C ission
12 and requested a hearing before the City Council for the purposes of considering th actions taken
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2�
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by the said Commission; and
WHEREAS, acting pursuant to Saint Paul Zoning Code §§ 64.206 - 64 08 and upon notice
to affected parties, a public hearing was duly conducted by the City Coun ' on April 12, 2000,
where ali interested parties were given an opportunity to be heard; and
WHEREAS, the Council, having heard the statements made,
application, the report of staff, the record, minutes and resolution
of the Planning Commission; DOES HEREBY i
RESOLVE to reverse the decision of the Planning
the following findings of the Council:
iving considered the
Zoning Committee and
in this matter based upon
1. Acting pursuant to Legislative Code § 64.207 d recognizing that the proposed billiard
hall meets four of the five required findings under L islative Code § 64300(d), the Council
finds that with the imposition of appropriate condi �ons the proposed billiard hall can provide
ample parking which can minimize automobile ffic congestion and thereby enable the billiard
hall to comply with all the conditions under L�slative Code § 64.300(d). The Council finds
that patrons using adjacent, on-street park
during hours which are different from the
billiard hali. The Council further finds
lease for ten (10) off-street parking sp e;
billiazd hall.
n ill utilize the proposed billiard hail primarily
erating hours of other businesses near the proposed
t the operators of the proposed use have secured a
at 650 North Snelling Avenue to serve the proposed
37 2. Although the proposed b� iard hall lies within the required distance separation setback set
38 forth in Legislative Code § 6. 34(3) far billiard halls and residential uses in B-2 zoning
39 districts, the Council finds at the applicant has secured a statement from the owner of the
40
41
42
43
44
45
46
47
48
49
residential properry at 15 4 Van Buren indicating that the residential property owner is in favor
of the proposed use. T e Council notes that the applicanYs attomey has indicated the
applicanYs willingne s to recard a declaration of a modification of the separation requirement in
order to give any s sequent prospective owners of the property at 1594 Van Buren notice of the
existence of a se ation setback modification. The Council therefore finds that granting a
modification o the separation requirement in Legislative Code § 60.534(3), as provided for in
Legislative de § 64300(fl(1), wiil not impair the intent and purpose or be otherwise
inconsiste with the general goals of the City's zoning ordinances.
-3-
DR1G1�lAL
d�- ���
A.ND, BE IT FIJRTHER, RESOLVED, that the appeal of Pong Xun Kim from the
decision of the Plamiing Commission denying his request for a special condition use permit
modification of special pernut conditions is hereby granted subject to the following conditi�
1. That exterior lighting is instailed for the billiard hall's rear pazking lot. The li ing
fixtures shall be the "cut off' style which shall not illuxninate or otherwise cast li� to adjacent
residential property.
2. That the rear parking lot of the billiard ha11 shall be restricted to staff ly and shall have
signage stating the restriction.
3. That the special condition use permit shall be revokable, subjec o the provisions of
Legislative Code § 64300(h)(2), in the event the lease for ten (10) p king spaces at 650 North
Snelling Avenue is canceled, terminated, modified or otherwise n renewed or replaced with 10
off-street pazking spaces within 300 feet of the billiard hall.
AND, BE IT FINALLY RESOLVED, that the Cit Clerk shall mail a copy of this
resolution to Pong Yun Kim, the Zoning Administrator the Planning Commission.
Requested by Department of:
Adopted by Council Date
Adoption Certif� d by Council Secretary
By:
AppTOVed MayoY: Ddte
By:
Form Approved by City Attorney
By:
Approved by Mayor for Submission to Council
By:
By:
Od- �q�
City Attorney
266-8710
2���
May 16,
xureec wrt
rtoutwc
onem
TOTAL # OF SIGNASURE PAGES
GREEN SHEET
�.��.a�.�
�0 1 Q4� �'r0
�^� ^3
❑ e,v.noaar ❑ mra�
❑wu�w�amrccsoR ❑wuxu��a
❑ wraelaew+asr�w�7 ❑
(CLIP ALL LOCATIONS FOR S1GAtATURE)
Ordinance memorializing City Council action taken April 12, 2000, granring the appeal, with conditions, of Mr.
Pong Yun Kim to a decision of the Plannu�g Commission denying him a special condition use pernut for a
billiard hall at 681 North Snelling Avenue.
PLANNMG CAMMISSION �
CIB CAMMITfEE
CNIL SERVICE COMMISSION
AMOUNT OF TRANSACTIGN
INFORANTON(EJ�WN)
rms mic pe�or�rm e,+erwaxed uriaer e�to. mic aepan,nerKr
YES NO
Has tl�ie D�rm e�er been a dty ampbyee7
YES NO
Do� this perbaJfirm poeeess a sldll nat nameltypossesseE by arry airerR city emqoyee?
YES NO
k this peBaJfirm a tarpMed verMM . ,
YES NO
COSTRtEVENUE BUIXSE7m (qRCLE ONE)
ACTNI7Y NUI�ER
tlEE NO
Y
dD- �9�
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinson, Jr., Ciry Attorney
CITY OF SAINT PAUL
Norm Co[emnn, Mayor
May 16, 2000
� �� ��
c;vrtDtursroa
400 City Hall
I S West Kellagg Blvd.
Sairst Paul, Minnesota 55101
Telephone: 6�/ 266-87l0
Facsimile: 657 298-5619
�, ,c S
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Pong Yun Kim
Zoning File 00-117-484
City Council Action Date:
Dear Nancy:
April 12, 2000
`_
� !Ifl(f
Attached please find an Ordinance relative to the above-referenced matter. Please place this
matter on the Council Consent Agenda at your earliest convenience.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
��/'�/"(,h �"" wvl.r.�--�..
Peter W. Warner
Assistant City Attorney
PWWJrmb
Enclosure
d���� ��
ORlGINA�. �,k� ,�r��
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File #
Ordinance # �f�- �97
Green Sheet #� /�3j�.r' �fC/
4Y
Committee Date
WI3EREAS, Pong Yun Kim, in Zoning File 00-117-484, m e application to the Saint
Paul Planning Commission (hereinafter "Commission") for a Spec� 1 Condition Use Permit
pursuant to the provisions of the Saint Paui Zoning Code for pro eriy commonly lrnown as 681
North Snelling Avenue and legally described as Lot 2, Block , Hopkins Second Addition to St.
Paul; and
WHEREAS, the Commission's Zoning Comm' ee conducted a public hearing on the
said application on February 17, 2000, after having p vided notice to affected property owners
and submitted its recommendation to deny the appl' ation to the Commission. The Commission,
on February 25, 2000, moved to deny the applica � on based upon the following findings and
conclusions as set forth in Resolution No. 00-1 .
1. The applicant proposes to lease the acant property for the purpose of establishing a nine
table billiard hall. Previously, the uilding was used as a martial arts school. The
applicant proposes to operate t billiard hall from 12:00 noon to 1:00 a.m. daily. No
alcohol would be served. The pplicant has secured a parking lease agreement from a
nearby oil changing busine that would allow billiard hali patrons to pazk at its facility.
2. Section 64.300(d) of
grant approval of a p;
that: �
zoning code requires that before the planning commission may
ipal use subject to special conditions, the commission shall find
a, The extent ocation and intensity of the use will be in substantial corrtplianee with the
Saint P I Comprehensive Plan and any applicable subarea plans which were
appro ed by the city council.
Tja4s condition is met. The recently completed Hamline Midway Community Plan
,does not recommend any specific changes to this particular commercial area. The
plan does recommend specific strategies applicable to the entire community for
strengthening relarionships between businesses and residents and reducing conflicts
over parking in commercial areas.
O�- �i�
b. The use will provide adeguate zngress and egress to minimize traffzc congestion fn the
public streets.
This condition is not met. This particular use will require an additional 10 parking
spaces and the applicant has secured a parking lease agreement with a nearby oil
changing business. The lease agreement, however, is insufficient. The lease lacks
specific reference to the number of pazking spaces that will be leased, and also 1 ks a
site plan that idenrifies the location of the leased parking spaces.
Even if an appropriate lease was provided, the location of the leased spa s does not
lend itself to convenient use by potential billiazd hall patrons. The dis ce between
the leased parking site and the billiazd hall is approximately 250 fee and billiard hall
patrons would have to cross Snelling Avenue at an unsignalized i ersection. With
the lack of proximate off street parking within the immediate ar , it is more likely
that billiard hall patrons will attempt to use the limited on stre parking along
Snelling, Blair and Van Buren thus adding to congestion al g these streets.
c. The use will not be detrimental to the existing character of development in the
immediate neighborhood or endanger the public healt , safety and generat welfare.
This condition is met. The proposed billiard hall i a compatible use to the auto repair,
gift shop, video store and grocery store uses in t is particular B-2 district. As long as
the billiard hall's Snelling Avenue entrance is e sole entrance for customers, there
should be minimal impact upon residential operties.
d. The use will not i»spede the normal
surrounding property for uses perrr
This condition is met. The
developed.
e. The use shall, in all other
district in which it is locai
5rderly development and improvement of the
in the district.
property in this B-2 district is fully
conform to the applicable regulations of the
Except for the condif n relating to a 100 foot setback from residential property, this
condition is met.
3. Section 60.534(3) o the zoning code identifies billiard halls as a special condition use in
a B-2 district sub' ct to the following condition. "Bowling alley, billiazd hall, indoor
archery range, i door tennis courts, racquet ball and hand ball courts, dance hall,
electronac g e room, indoor skaring rink, ar similar forms of indoor commercial
recreation w en located at least one hundred(100) feet from any front, rear or side yard of
any reside tial lot in an adjacent residential district measured from the closest point of the
buiidin n which the use is located to the closest residential property line."
3ition is not met. The distance from the back of the proposed billiard hall
to the sideyard of a single family residence in a R-4 district is '15 feet. While the
has secured a statement from the same residential property owner who states he
-2-
4d- ���
2 is in favor of the billiard hall and has no concerns relative to the biliiard hall's proximity
3 to his property, modificarion of the 100 foot distance condition would not protect future
4 residential property owners and tenants from this type of use_
5
6 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Planning
7 Commission denies the special condition use permit for a billiazd hall at 681 N. Snelling
8 Avenue.
9
10 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, P ng Yun
11 Kim on March 17, 2000, duly filed an appeal from the determination made by the C ission
12 and requested a hearing before the City Council for the purposes of considering th actions taken
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
30
31
32
33
34
35
36
by the said Commission; and
WHEREAS, acting pursuant to Saint Paul Zoning Code §§ 64.206 - 64 08 and upon notice
to affected parties, a public hearing was duly conducted by the City Coun ' on April 12, 2000,
where ali interested parties were given an opportunity to be heard; and
WHEREAS, the Council, having heard the statements made,
application, the report of staff, the record, minutes and resolution
of the Planning Commission; DOES HEREBY i
RESOLVE to reverse the decision of the Planning
the following findings of the Council:
iving considered the
Zoning Committee and
in this matter based upon
1. Acting pursuant to Legislative Code § 64.207 d recognizing that the proposed billiard
hall meets four of the five required findings under L islative Code § 64300(d), the Council
finds that with the imposition of appropriate condi �ons the proposed billiard hall can provide
ample parking which can minimize automobile ffic congestion and thereby enable the billiard
hall to comply with all the conditions under L�slative Code § 64.300(d). The Council finds
that patrons using adjacent, on-street park
during hours which are different from the
billiard hali. The Council further finds
lease for ten (10) off-street parking sp e;
billiazd hall.
n ill utilize the proposed billiard hail primarily
erating hours of other businesses near the proposed
t the operators of the proposed use have secured a
at 650 North Snelling Avenue to serve the proposed
37 2. Although the proposed b� iard hall lies within the required distance separation setback set
38 forth in Legislative Code § 6. 34(3) far billiard halls and residential uses in B-2 zoning
39 districts, the Council finds at the applicant has secured a statement from the owner of the
40
41
42
43
44
45
46
47
48
49
residential properry at 15 4 Van Buren indicating that the residential property owner is in favor
of the proposed use. T e Council notes that the applicanYs attomey has indicated the
applicanYs willingne s to recard a declaration of a modification of the separation requirement in
order to give any s sequent prospective owners of the property at 1594 Van Buren notice of the
existence of a se ation setback modification. The Council therefore finds that granting a
modification o the separation requirement in Legislative Code § 60.534(3), as provided for in
Legislative de § 64300(fl(1), wiil not impair the intent and purpose or be otherwise
inconsiste with the general goals of the City's zoning ordinances.
-3-
DR1G1�lAL
d�- ���
A.ND, BE IT FIJRTHER, RESOLVED, that the appeal of Pong Xun Kim from the
decision of the Plamiing Commission denying his request for a special condition use permit
modification of special pernut conditions is hereby granted subject to the following conditi�
1. That exterior lighting is instailed for the billiard hall's rear pazking lot. The li ing
fixtures shall be the "cut off' style which shall not illuxninate or otherwise cast li� to adjacent
residential property.
2. That the rear parking lot of the billiard ha11 shall be restricted to staff ly and shall have
signage stating the restriction.
3. That the special condition use permit shall be revokable, subjec o the provisions of
Legislative Code § 64300(h)(2), in the event the lease for ten (10) p king spaces at 650 North
Snelling Avenue is canceled, terminated, modified or otherwise n renewed or replaced with 10
off-street pazking spaces within 300 feet of the billiard hall.
AND, BE IT FINALLY RESOLVED, that the Cit Clerk shall mail a copy of this
resolution to Pong Yun Kim, the Zoning Administrator the Planning Commission.
Requested by Department of:
Adopted by Council Date
Adoption Certif� d by Council Secretary
By:
AppTOVed MayoY: Ddte
By:
Form Approved by City Attorney
By:
Approved by Mayor for Submission to Council
By:
By:
Od- �q�
City Attorney
266-8710
2���
May 16,
xureec wrt
rtoutwc
onem
TOTAL # OF SIGNASURE PAGES
GREEN SHEET
�.��.a�.�
�0 1 Q4� �'r0
�^� ^3
❑ e,v.noaar ❑ mra�
❑wu�w�amrccsoR ❑wuxu��a
❑ wraelaew+asr�w�7 ❑
(CLIP ALL LOCATIONS FOR S1GAtATURE)
Ordinance memorializing City Council action taken April 12, 2000, granring the appeal, with conditions, of Mr.
Pong Yun Kim to a decision of the Plannu�g Commission denying him a special condition use pernut for a
billiard hall at 681 North Snelling Avenue.
PLANNMG CAMMISSION �
CIB CAMMITfEE
CNIL SERVICE COMMISSION
AMOUNT OF TRANSACTIGN
INFORANTON(EJ�WN)
rms mic pe�or�rm e,+erwaxed uriaer e�to. mic aepan,nerKr
YES NO
Has tl�ie D�rm e�er been a dty ampbyee7
YES NO
Do� this perbaJfirm poeeess a sldll nat nameltypossesseE by arry airerR city emqoyee?
YES NO
k this peBaJfirm a tarpMed verMM . ,
YES NO
COSTRtEVENUE BUIXSE7m (qRCLE ONE)
ACTNI7Y NUI�ER
tlEE NO
Y
dD- �9�
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinson, Jr., Ciry Attorney
CITY OF SAINT PAUL
Norm Co[emnn, Mayor
May 16, 2000
� �� ��
c;vrtDtursroa
400 City Hall
I S West Kellagg Blvd.
Sairst Paul, Minnesota 55101
Telephone: 6�/ 266-87l0
Facsimile: 657 298-5619
�, ,c S
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Pong Yun Kim
Zoning File 00-117-484
City Council Action Date:
Dear Nancy:
April 12, 2000
`_
� !Ifl(f
Attached please find an Ordinance relative to the above-referenced matter. Please place this
matter on the Council Consent Agenda at your earliest convenience.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
��/'�/"(,h �"" wvl.r.�--�..
Peter W. Warner
Assistant City Attorney
PWWJrmb
Enclosure
d���� ��
ORlGINA�. �,k� ,�r��
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Council File #
Ordinance # �f�- �97
Green Sheet #� /�3j�.r' �fC/
4Y
Committee Date
WI3EREAS, Pong Yun Kim, in Zoning File 00-117-484, m e application to the Saint
Paul Planning Commission (hereinafter "Commission") for a Spec� 1 Condition Use Permit
pursuant to the provisions of the Saint Paui Zoning Code for pro eriy commonly lrnown as 681
North Snelling Avenue and legally described as Lot 2, Block , Hopkins Second Addition to St.
Paul; and
WHEREAS, the Commission's Zoning Comm' ee conducted a public hearing on the
said application on February 17, 2000, after having p vided notice to affected property owners
and submitted its recommendation to deny the appl' ation to the Commission. The Commission,
on February 25, 2000, moved to deny the applica � on based upon the following findings and
conclusions as set forth in Resolution No. 00-1 .
1. The applicant proposes to lease the acant property for the purpose of establishing a nine
table billiard hall. Previously, the uilding was used as a martial arts school. The
applicant proposes to operate t billiard hall from 12:00 noon to 1:00 a.m. daily. No
alcohol would be served. The pplicant has secured a parking lease agreement from a
nearby oil changing busine that would allow billiard hali patrons to pazk at its facility.
2. Section 64.300(d) of
grant approval of a p;
that: �
zoning code requires that before the planning commission may
ipal use subject to special conditions, the commission shall find
a, The extent ocation and intensity of the use will be in substantial corrtplianee with the
Saint P I Comprehensive Plan and any applicable subarea plans which were
appro ed by the city council.
Tja4s condition is met. The recently completed Hamline Midway Community Plan
,does not recommend any specific changes to this particular commercial area. The
plan does recommend specific strategies applicable to the entire community for
strengthening relarionships between businesses and residents and reducing conflicts
over parking in commercial areas.
O�- �i�
b. The use will provide adeguate zngress and egress to minimize traffzc congestion fn the
public streets.
This condition is not met. This particular use will require an additional 10 parking
spaces and the applicant has secured a parking lease agreement with a nearby oil
changing business. The lease agreement, however, is insufficient. The lease lacks
specific reference to the number of pazking spaces that will be leased, and also 1 ks a
site plan that idenrifies the location of the leased parking spaces.
Even if an appropriate lease was provided, the location of the leased spa s does not
lend itself to convenient use by potential billiazd hall patrons. The dis ce between
the leased parking site and the billiazd hall is approximately 250 fee and billiard hall
patrons would have to cross Snelling Avenue at an unsignalized i ersection. With
the lack of proximate off street parking within the immediate ar , it is more likely
that billiard hall patrons will attempt to use the limited on stre parking along
Snelling, Blair and Van Buren thus adding to congestion al g these streets.
c. The use will not be detrimental to the existing character of development in the
immediate neighborhood or endanger the public healt , safety and generat welfare.
This condition is met. The proposed billiard hall i a compatible use to the auto repair,
gift shop, video store and grocery store uses in t is particular B-2 district. As long as
the billiard hall's Snelling Avenue entrance is e sole entrance for customers, there
should be minimal impact upon residential operties.
d. The use will not i»spede the normal
surrounding property for uses perrr
This condition is met. The
developed.
e. The use shall, in all other
district in which it is locai
5rderly development and improvement of the
in the district.
property in this B-2 district is fully
conform to the applicable regulations of the
Except for the condif n relating to a 100 foot setback from residential property, this
condition is met.
3. Section 60.534(3) o the zoning code identifies billiard halls as a special condition use in
a B-2 district sub' ct to the following condition. "Bowling alley, billiazd hall, indoor
archery range, i door tennis courts, racquet ball and hand ball courts, dance hall,
electronac g e room, indoor skaring rink, ar similar forms of indoor commercial
recreation w en located at least one hundred(100) feet from any front, rear or side yard of
any reside tial lot in an adjacent residential district measured from the closest point of the
buiidin n which the use is located to the closest residential property line."
3ition is not met. The distance from the back of the proposed billiard hall
to the sideyard of a single family residence in a R-4 district is '15 feet. While the
has secured a statement from the same residential property owner who states he
-2-
4d- ���
2 is in favor of the billiard hall and has no concerns relative to the biliiard hall's proximity
3 to his property, modificarion of the 100 foot distance condition would not protect future
4 residential property owners and tenants from this type of use_
5
6 Therefore, Be It Resolved, based on finding 2b and 3, the Saint Paul Planning
7 Commission denies the special condition use permit for a billiazd hall at 681 N. Snelling
8 Avenue.
9
10 WHEREAS, pursuant to the provisions of Saint Paul Legislative Code § 64.206, P ng Yun
11 Kim on March 17, 2000, duly filed an appeal from the determination made by the C ission
12 and requested a hearing before the City Council for the purposes of considering th actions taken
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by the said Commission; and
WHEREAS, acting pursuant to Saint Paul Zoning Code §§ 64.206 - 64 08 and upon notice
to affected parties, a public hearing was duly conducted by the City Coun ' on April 12, 2000,
where ali interested parties were given an opportunity to be heard; and
WHEREAS, the Council, having heard the statements made,
application, the report of staff, the record, minutes and resolution
of the Planning Commission; DOES HEREBY i
RESOLVE to reverse the decision of the Planning
the following findings of the Council:
iving considered the
Zoning Committee and
in this matter based upon
1. Acting pursuant to Legislative Code § 64.207 d recognizing that the proposed billiard
hall meets four of the five required findings under L islative Code § 64300(d), the Council
finds that with the imposition of appropriate condi �ons the proposed billiard hall can provide
ample parking which can minimize automobile ffic congestion and thereby enable the billiard
hall to comply with all the conditions under L�slative Code § 64.300(d). The Council finds
that patrons using adjacent, on-street park
during hours which are different from the
billiard hali. The Council further finds
lease for ten (10) off-street parking sp e;
billiazd hall.
n ill utilize the proposed billiard hail primarily
erating hours of other businesses near the proposed
t the operators of the proposed use have secured a
at 650 North Snelling Avenue to serve the proposed
37 2. Although the proposed b� iard hall lies within the required distance separation setback set
38 forth in Legislative Code § 6. 34(3) far billiard halls and residential uses in B-2 zoning
39 districts, the Council finds at the applicant has secured a statement from the owner of the
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residential properry at 15 4 Van Buren indicating that the residential property owner is in favor
of the proposed use. T e Council notes that the applicanYs attomey has indicated the
applicanYs willingne s to recard a declaration of a modification of the separation requirement in
order to give any s sequent prospective owners of the property at 1594 Van Buren notice of the
existence of a se ation setback modification. The Council therefore finds that granting a
modification o the separation requirement in Legislative Code § 60.534(3), as provided for in
Legislative de § 64300(fl(1), wiil not impair the intent and purpose or be otherwise
inconsiste with the general goals of the City's zoning ordinances.
-3-
DR1G1�lAL
d�- ���
A.ND, BE IT FIJRTHER, RESOLVED, that the appeal of Pong Xun Kim from the
decision of the Plamiing Commission denying his request for a special condition use permit
modification of special pernut conditions is hereby granted subject to the following conditi�
1. That exterior lighting is instailed for the billiard hall's rear pazking lot. The li ing
fixtures shall be the "cut off' style which shall not illuxninate or otherwise cast li� to adjacent
residential property.
2. That the rear parking lot of the billiard ha11 shall be restricted to staff ly and shall have
signage stating the restriction.
3. That the special condition use permit shall be revokable, subjec o the provisions of
Legislative Code § 64300(h)(2), in the event the lease for ten (10) p king spaces at 650 North
Snelling Avenue is canceled, terminated, modified or otherwise n renewed or replaced with 10
off-street pazking spaces within 300 feet of the billiard hall.
AND, BE IT FINALLY RESOLVED, that the Cit Clerk shall mail a copy of this
resolution to Pong Yun Kim, the Zoning Administrator the Planning Commission.
Requested by Department of:
Adopted by Council Date
Adoption Certif� d by Council Secretary
By:
AppTOVed MayoY: Ddte
By:
Form Approved by City Attorney
By:
Approved by Mayor for Submission to Council
By:
By:
Od- �q�
City Attorney
266-8710
2���
May 16,
xureec wrt
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TOTAL # OF SIGNASURE PAGES
GREEN SHEET
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(CLIP ALL LOCATIONS FOR S1GAtATURE)
Ordinance memorializing City Council action taken April 12, 2000, granring the appeal, with conditions, of Mr.
Pong Yun Kim to a decision of the Plannu�g Commission denying him a special condition use pernut for a
billiard hall at 681 North Snelling Avenue.
PLANNMG CAMMISSION �
CIB CAMMITfEE
CNIL SERVICE COMMISSION
AMOUNT OF TRANSACTIGN
INFORANTON(EJ�WN)
rms mic pe�or�rm e,+erwaxed uriaer e�to. mic aepan,nerKr
YES NO
Has tl�ie D�rm e�er been a dty ampbyee7
YES NO
Do� this perbaJfirm poeeess a sldll nat nameltypossesseE by arry airerR city emqoyee?
YES NO
k this peBaJfirm a tarpMed verMM . ,
YES NO
COSTRtEVENUE BUIXSE7m (qRCLE ONE)
ACTNI7Y NUI�ER
tlEE NO
Y
dD- �9�
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinson, Jr., Ciry Attorney
CITY OF SAINT PAUL
Norm Co[emnn, Mayor
May 16, 2000
� �� ��
c;vrtDtursroa
400 City Hall
I S West Kellagg Blvd.
Sairst Paul, Minnesota 55101
Telephone: 6�/ 266-87l0
Facsimile: 657 298-5619
�, ,c S
Nancy Anderson
Council Secretary
310 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Re: Appeal by Pong Yun Kim
Zoning File 00-117-484
City Council Action Date:
Dear Nancy:
April 12, 2000
`_
� !Ifl(f
Attached please find an Ordinance relative to the above-referenced matter. Please place this
matter on the Council Consent Agenda at your earliest convenience.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
��/'�/"(,h �"" wvl.r.�--�..
Peter W. Warner
Assistant City Attorney
PWWJrmb
Enclosure