07-547.�
Presented by
Council File # 07-547
Green Sheet # 3040380
INANCE �,,
�AUL, MINNESOTA ��� � /
A60� ��
An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the z�ning maps thereof:
4 W HEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, Firstbome
5 Properties, Zoning File # 07-027-041, duly petitioned to rezone 1337-1341 Pascal St N, being legally
6 described as FRANKSON'S SUBDIVISION EX PART TAKEN FOR PASCAL ST LOT 11 AND ALL OF
7 LOT 12, PIN 222923320125, from R4 One-Family Residential to B2 Community Business; the petition
8 having been certified by the Planning Division on February 26, 2007, as having been consented to by at
9 least 67 percent of the owners of the area to be rezoned, and further having been consented to by at
10 least two-thirds of the owners of the property situated within 100 feet of the total contiguous property
11 within one year preceding the date of the petition; and
12 WHEREAS, the Zoning Committee ofthe Planning Commission held a public hearing on March 29,
13 2007, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative
14 Code, submitted its recommendation to the Planning Commissionthat the petition bedenied; and
15 WHEREAS, the Planning Commission considered the rezoning petition at its meeting held onAprii 20,
16 2007, and recommended that the City Council deny the petition; and
17 WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published
18 in the o�cial newspaper of the City on April 26, 2007, and notices were duly mailed to each owner of
19 affected property and property situated wholly or partly within 350 feet of the property sought to be
20 rezoned;and
21 WHEREAS, a public hearing before the City Council having been conducted on May 16, 2007, at which
22 all interested parties were given an opportunity to be heard, the Council having considered all the facts
23 and recommendations conceming the petition, made the following findings of fact:
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
1. The building at 1337-1341 Pascal St. N was built in 1928 as a pharrnacy and grocery store to serve
the surrounding residential properry, on property that was zoned "Commercial" under the zoning code
that was in effect until 1975. Use of the property became legally nonconforming when it was rezoned
to R4 On�Family Residential under the new zoning code adopted in 1975. Uses allov�,ed under the
proposed B2 Community Business zone, including a restaurant, would have been allowed under the
Commercial zoning district that was in effect as this area developed.
2. The Planning Commission, in 2004, approved a change of nonconforming use for this property from
o�ce-warehouse on the first floor (with an apartment on the second floor) to a coffee shop and flower
shop on the first floor (with an apartment of the second floor). § 65.612, Coffee shop, tea house, of
the Zoning Code defines coffee shop, tea house as, "An establishment engaged principaily in the sale
of coffee, tea, and other nonalcoholic beverages for consumption on the premises or for carryout,
which may also include the sale of a limited number of food items as allowed under a Restaurant C
license." A Restaurant C license limits food service to beverages, bakery products or prepackaged
foods. The applicant wishes to be able obtain a Restaurant B license in order to sell non-
prepackaged food such as soup, sandwiches, pi�a and ice cream. Restaurants are first allowed in
the TN2 Traditional Neighborhood and B2 Community Business zoning districts.
3. The Land Use Plan chapter of the City Comprehensive Plan (Policy 5.2.1), states that, "In traditionai
neighborhoods, the Citywill support compatible mixed use within single buildings and in separate
buildings in close proximity." The proposed rezoning to provide for a mixed use building housing a
small neighborhood-oriented restaurant and a flower shop is compatible with the surrounding church,
school, nursing home, and residential land uses. The proposed rezoning is consistent with Policy
5.1.1 of the Land Use Plan, which calls for commercial, civic, and institutional activities embedded in
the neighborhood, not isolated in remote, single-use complexes. The Housing Plan chapter of the
07-547
Comprehensive Plan calls for development that responds to the market and preferences for housing
within walking distance of shopping, restaurants, parks, transit and cultural attractions.
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
4. The current R4 On�Family Residential zoning does not permit reasonable use of this property, a
mixed-use commercial building designed for retail space on the first floor and an apartment on the
second floor. A small neighborhood restaurant, a reasonable use for this building that is compatible
with the surrounding land uses, is first permitted in the TN2 and B2 zoning districts. The building and
the site are so small, and the off-street parking so limited (only 4 off-street parking spaces), it is
unlikely they wili ever be used for a business that generates much vehicular traffic. Many neighbors in
favor of the rezoning testified that the proposed restaurant would be a neighborhood amenity that
adds value to the surrounding residential area, provides a service that is lacking within walking
distance of residents in this area, provides the kind of neighborhood gathering place that is good for
building a sense of community, and provides a gathering place for people attending the chur�h and
those visiting the school and nursing home across the street.
5. Minnesota courts have stated that the term spot zoning applies to zoning changes that establish a use
classification inconsistent with the surrounding uses, create an island of nonconforming use within a
larger zoned district, and dramatically reduce the value for uses specified in the zoning ordinance of
either the rezoned plot or abutting property. B2 zoning for this site is compatible and consistent with
surrounding land uses, provides for uses that would be a valuable amenity for surrounding uses, and
would not dramatically reduce the value for uses specified in the zoning ordinance of either the
rezoned plot or abutting property.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number2, as incorporated by reference in §60.301
of the Saint Paul Legisiative Code, as amended, is hereby further amended as follows:
That the property at 1337-1341 Pascal St N, being more particularly described as:
FRANKSON'S SUBDIVISION EX PART TAKEN FOR PASCAL ST LOT 11 AND ALL OF LOT 12
be and is hereby rezoned from R4 to B2.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
Requested by DepaRment of:
Plan ' and Ec aeo ' Develo ment
B
�
Approved by Financial Services
r� �..��
�Y
Form roved by Attorney � Q ��
By: �G✓.l•✓.w.K.--
Adopted by Council: Date:
Adoption CeRified by
� � �
:il Secretary
Approve by ayo f r Submission to ouncil
�i�� By:
�
AUG 0 2 '07
By:
07-547
� Green 5heet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenVoffice/council: ; Date Initiated: ,
PE -P�� ' o,-��N-0� Green Sheet NO: 3040380
' Contact Person & Phone: �
Allan Torstenson I
266-6579
; Must Be on Council Agenda by (Date): ,
' Doc. Type: ORDINANCE
E-DOCUment Required: Y
DocumentConWCt: AIIanTorstenson
Contact Phone: 266-6579
� �
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
0
1
2
3
4
5
6
City AttorneY CiN Attnrnev '
MavoCS O�ce MavadAssistapt
Council CkpRN�fl�e'y
G7ty Clerk C1ty Clerk �
Plannine&EconomicDevelopme� AllanTors[enson
� �
�
� i
i
Adopt ordinance memorializing Ciry Council acrion approving Rezoning from R4 One-Family Residential to B2 Community
Business for proper[y at 1337 - 1341 Pascal St. N, SW corner at Bison Ave. (ZF#07-027-041). Public hearing held May 16, 2007.
iaatwns: approve (a) or rce�ect �rt): rersonai semce coniracu mus� nnswer me rouowmg uuestwns:
Planning Commission 1. Has this persoNfirm ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm 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 Problem, Issues, Opportunity (Who, What, When, Where, Why):
Firstborne Properties peritioned to rezone this property to accommodate a mixed use building with a restaurant and flower shop on the
first floor and an apariment on the second floor. The City Council approved the rezoning on May 16, 2007, after a public hearing.
Advantages If Approved:
Rezoning ordinance will be adopted per City Council intent.
Disadvantages If Approved:
None
Disadvantages If Not Approved:
City Council action will not be wmpleted.
TransaMion:
Funding Source:
Financial information:
(Explain)
Activity Number:
JUN 0 5 2007
�� '
CosURevenue Budgeted:
June 1, 2007 3:50 PM Page 1
DEPARTMENT OF PLANNING &
ECONOM[C DEVELOPMENT
Cecde Bedor, Dmector
CITY OF SAII�]T PAUL
Christopher B Coleman, Mayos
April 20, 2007
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 West Faurth Street
Saini Paul, ,i9J 55102
4�-s��
Q
Telephone: 651-266-6700
Facsimile 6�1-228-3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
May 16, 2007, for the following zoning case.
Zoning File Number:
File Name:
Applicant:
Address:
Purpose:
07-027-041
Firstborne Properties
Firstborne Properties (Steve Finnegan)
1337-1341 Pascal St N, SW corner at Bison Ave.
Rezoning from R4 One-Family Residential to 62 Community
Business
Previous Action:
Zoning Committee Recommendation: denial, 4- 0, April 12, 2007
Planning Commission Recommendation: denial, unanimous, April 20, 2007
I have confirmed this day with Councilmember Benanav's office. My understanding is that this
public hearing request will appear on the agenda for the May 9, 2007, City Council meeting and
that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-
266-6579 if you have any questions.
Sincerely,
i �6;�u,v�s�
�i Allan Torstenson
City Planner
cc: Zoning File # 07-027-041
Steve Finnegan
Paul Dubruiel
Wendy Lane
Carol Martineau
xo�ricE on rvsuc �nxa�G
� s�ac �wt cuy eow�ma+n �nau�c a
public heazing on Wednesday; May 16,
2007 at 5:30 p.m. in the Clty Counc3l
Chambers, Thtrd Floor, City
Hall/Courthouse, 15 West Kellogg Boule-
vard, St. Patil, MN, to mnsider the appll-
catlon.of F3rstbome Properties to rezona
property frnm R4 (One-Family ResidentialJ
to B2 (Community Business) at 1337 Pas-
cal Street North (southwest corner at Bi-
son Avenue). Zoning FYIe 07-027-041
Dated: Aprf120, 2007 -
- MARY ERICISSON
Assistant City Council Ser.retary _ -
.. (Apri126)
___—= S1: eAUL tEGAt: t8bC�8R �-__
22196979
AA-ADA-EEO EMPLOYER
DEPARTMENT OF PLANNING &
ECONOMIC DEVELOPMENT
Cecile Bedor, Director
,,,
CL
�
AAA
CITY OF SAINT PAUL
('hrismphei� B Cofeman. :Nayor
2J West Four(h Streef
Sam� Pard. HIA' »I01
May 8, 2007
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Q
� ����
Telephone 6�1-266-6700
Facsimile 6�l-228-3120
Re: Zoning File #: 07-027-041
File Name: Firstborne Properties
Applicant: Firstborne Properties (Steve Finnegan),
Address: 1337-1341 Pascal St N, SW corner at Bison Ave.
Purpose: Rezoning from R4 One-Family Residential to B2 Community Business
Citv Council Hearinq: May 16, 2007. 5:30 p.m., Citv Council Chambers
Staff Recommendation:
District 10 Council:
• Zoning Committee Recommendation:
Support:
Opposition:
Planning Commission Recommendation:
Deadline for Action
Staff Assigned:
denial
approval as CUP if rezoning denied
denial, vote: 4 - 0
3 persons spoke in support and 17 letters received.
2 persons spoke in opposition and 2 letters received.
deniai recommended, vote: unanimous
May 6, 2007, extended to July 5, 2007
AIIan Torstenson, 651-266-6579
Attachments: Pianning Commission resolution, April 20, 2007
Planning Commission minutes, Aprii 20, 2007
Zoning Committee minutes, March 29 & April 12, 2007
Deadline for Action Extension Letter
Correspondence received
Staff Report packet
cc: Zoning File 07-027-041
Steve Finnegan
City Council Members
District 10 Council
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
•
AA-ADA-EEO EMPLOYER
07�5��
city of saint paul
•planning commission resolution
file number 07-28
date April 20, 2007
WHEREAS, Firstborne Properties, File # 07-027-041, has applied for a rezoning from R4 One-Family
Residential fo B2 Community Business under the provisions of § 61.801 of the Saint Paul Legislative
Code, for property located at 1337-1341 Pascal St N, Parcel Identification Number (PIN)
222923320125, legally described as FRANKSON'S SUBDIVISION EX PART TAKEN FOR PASCAL
ST LOT 11 AND ALL OF L�T 12; and
WHEREAS, the Zoning Committee of the Planning Commission, on March 29, 2007, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said
application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing, as substantially reffected in the minutes, made the following findings
of fact:
1. The Planning Commission, in 2004, approved a change of nonconforming use for this property
from office-warehouse on the first floor (with an apartment on the second floor) to a coffee shop
and flower shop on the first floor (with an apartment of the second floor). § 65.612, Coffee shop,
tea house, of the Zoning Code defines coffee shop, fea house as; "An establishment engaged
principally in the sa�e of coffee, tea, and other nonalcoholic beverages for consumption on the
• premises or for carryout, which may also include the sale of a limited number of food items as
allowed under a Restaurant C license." A Restaurant C license limits food service to beverages,
bakery products or prepackaged foods. The applicant wishes to be able obtain a Restaurant B
license in order to sell non-prepackaged food such as soup, sandwiches, pizza and ice cream.
Restaurants are fi�st allowed in the TN2 and B2 zoning districts.
2. The building was built in 1928 as a pharmacy and grocery store to serve the surrounding
residential property, on property that was zoned "Commeroial" under the zoning code that was in
effect until 1975. Use of the propetty became legally nonconforming when it was rezoned to R4
One-Family Residential under the new zoning code adopted in 1975. Uses allowed under the
proposed B2 Community Business zone, induding a restaurant, would have been allowed under
the Commercial zoning district that was in effect as this area developed. However, the uses that
were actually deve�oped in this area are all first allowed either in the current 61 district (the
pharmacy and grocery store) or in residential districts. Therefore, the proposed 62 zoning is not
consistent with the way this area has developed.
3. The City Land Use Plan {Objective 5.2.1), states that, "In traditional neighborhoods, the City wifl
support compatible mixed use within single buifdings and in separate buildings in close proximiiy,"
A mixed use building housing a coffee shop and a flower shop is compatible with the surrounding
church, school, nursing home, and residential Iand uses. A small neighborhood-oriented
moved by Morton
seconded by
in favor to Deny Unanimous
�against
Zoning File # 07-027-041
Planning Commission Resolution
Page 2 of 2 .
restaurant in a small space might aiso be compatibie with this; however, a larger restaurant or
other uses allowed under 82 zoni�g may not be. The proposed use is consistent with Policy 5.1.9
of the Land Use Plan calis for commercial, civic, and institutional activities embedded in the
neighborhood, not isolated in remote, single-use complexes. The Housing Plan calis for
development that responds to the market and preferences for housing within walking disfance of
shopping, restaurants, parks, transit and culfural attractions. ,The proposed restaurant would
provide a service thaf is iacking wiffiin walking distance of residenfs in fhis area. (t would provide
the kind of neighborhood gathering place that is good for building a sense of community. It would
provide a gathering place for people attending the church and those visiting the schooi and nursing
home across the street. However, the proposed B2 zoning would potentially allow uses that would
be incompatible with surrounding uses on this particular site.
4. § 66.414 of the Zoning Code states that "the 62 Community Business District is intended to serve
the needs of a consumer population larger than that served by the "Locat Business District," and is
generally characterized by a cluster of estabiishments generating large volumes of vehicular and
pedestrian traffic.° § 66.412 of the code states thaf "the B1 Local Business District is intended to
permit those uses as are necessary to satisfy the basic convenience shopping or service needs of
persons residing in nearby residential areas." The intent of the B1 district stated in the Zoning
Code is a better fit for this site: A small neighborhood restaurant, which might be compatible with
this area, is not permitted in the 61 district. A large restaurant or other uses allowed in the B2
district that may generate large amounts of vehicular traffic would not be compatible with fhe
surrounding uses. The buiiding and the site are so small, and the off-street parking so limited (oniy
4 off-street parking spaces), that the building may be unlikely to be used for a business that
generates a lot of vehicular traffic; further parking variances would probably be needed for such a
use. _
5. The current R4 zoning does not permit reasonable use of this property, a mixed-use commercial
building designed for retaii space on the first floor and an apartment on the second floor, without a
nonconforming use permit.
6. Court rulings have determined that "spot zoning" is illegal in Minnesota. Minnesota courts have
stated that this term "applies to zoning changes, fypically limited to small p/ofs ofland, which
establish a use classifrcafion inconsistent with the surrounding uses and creates an island of
nonconfoiming use within a larger zoned district, and which dramatically reduce the value for uses
specified in the zoning ordinance of either the rezoned plof or abutting property." While the
proposed B2 zoning would be inconsistenf with surrounding uses, it is unclear that it would
"dramatically reduce fhe value for uses specified in the zoning ordinance of either the rezoned plot
or abutting property."
7. The petition for rezoning was found to be sufficient on February 26, 2007: 11 parcels eligible; S
parcels required; 8 parceis signed. ,
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to
City Council that the application of Firstborne Properties for a rezoning from R4 One-Family
Residentiai to B2 Community Business for property at 1337-1341 Pascai St N be denied.
.
•
•
o�-�y-�
�
Saint Paui Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
Minutes Apri120, 2007
,� meeting of the Planning Commission of the City of Saint Paul was held Friday, April 20 2007, at 8:30
a.m. in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Donnelly-Cohen, Faricy, McCall, Monon, Smitten, �Vencl; and
Messrs. Alton, Barrera, Commers, Cudahy, Goodlow, Gordon, Johnson, Kramer,
Rosemark, and Spaulding.
Mmes, *Lu, *Porter, and Messrs. *Bellus, Margulies, *Nelson
*Excused
.
Also Present: Larry Soderholm, Planning Administrator; Peter Warner, Assistant City
Attorney; Larry Zangs and Tom Beach, Department of Safety and Inspections; AI
Torstenson, Patricia James, Jessica Rosenfeld, Shawntera Hardy, Merritt Clapp-
Smith, Yang Zhang, Sara Zorn, Andrew Jacobson, and Sonja Butler, Department
of Planning and Economic Development staff.
I. Swearing in of the New Commissioner
II.
III.
A new Saint Paul Planning Commission member, Ms. Barbara Wencl, was sworn in by Shari
Moore, City Clerk.
Approval of minutes March 20, 2007.
MOTION: Commissionerponnelly-Cohen moved approval ofthe minutes ofMarch 20, 2007.
Commissioner Rosemark seconded the motion. The mation carried unanimously on a voice
vote.
Chair's Announcements
Chair Alton announced that the Public Art Saint Paul has been chazged by the CiTy Council with
developing public art policies for the City. They have established a process that includes a core
drafting team, a Communiry Advisory Task Force, and arts development advisors. They have
asked for a representative from the Planning Commission to participate in the Community
Advisory Task Force. Parts of the public art policy report will probably be incorporated into the
Comprehensive Plan. Chair Alton asked commission members to contact Larry Soderholm or
him if they would like to participate in the development of public art policy. He passed around a
description of the charge from the CiTy Council and process that is getting underway.
•
III. Planning Administrator's Announcements `
Larry Soderhol"m reported on planning-related business at the City Council for last week and their
agenda for next week. Mr. Soderholm mentioned that Commissioner Jon Commers will speak
about trends and issues relating to property taxes, particuIazly for commercial properry in the
Centzal Coaidor, at a bag lunch meeting on Apri125th at the University Ul�TITED o�ces.
Commissioner Commers stated that the County Assessor Steve Baker is also going to join him
and that it will be an open discussion.
IV. Zoning Committee
OLD BUSINESS
#07-043-737 Holman Field Subdrain Improvements - Conditional Use pertnit for storm sewer
work in the floodway and variances of setback from ordinary high water level, development on
slopes greater than 12%, and rehabiIitation of slopes greater than 18%. 644 Bayfield Street.
(PatriciaJames, 651/266-6639)
Commissioner Morton reported that resolution for the Holman Field Subdrain Improvements
needed further clarification and could be ready for adoption in two weeks.
#07-043-921 Holman Field Subdrain Im�rovements — Modification of approved site plan for
Holman Field Drainage improvements. 644 Bayfield Sh (Tom Beach, 651/266-9086) •
Commissioner Morton reported that resolution for the Holman Field Subdrain Improvements
needed further clarification and could be ready for adoption in two weeks.
n07-027-041 Firstborne Properties — Rezoning from R4 (One-Family Residential) to B2
Community Business), 1337 Pascal Street N, SW comer of Bison Avenue.
(Al1an Torstenson, 651/266-6579)
MOTION: CommissionerMorton moved the Zoning Committee's recommendation to deny the
reZOning. The motion carried unanimously on a voice vote.
1VEW BUSINESS
#07-049-660 Nicole Hamel — Change of Nonconforming Use from accounting office to
chiropractic clinic. 50 Cretin Avenue S, SE comer at Grand. (Sarah Zorn, 651/266-6570)
MOTION: Commissioner Morton moved the Zoning Comminee's recommendation to approve
the change of nonconfor»ring use. The motion carried on a I7-0 vote with I abstention
(AZton).
Amendment to Zonina Code reRazdine outdoor sales of fireworks — Discussion of draft text
amendment regarding outdoor sales of consumer fueworks as requested by City Council
Resolution 06-910. (Patricia James, 651/266-6639)
.
o�-���
MINUTES OF THE ZONING COMMITTEE
. Thursday, April 12, 2007 - 3:30 p.m.
City Councii Chambers, 3rd Floor
City Haii and Court House
15 West Kellogg Boulevard
PRESENT: Donneliy-Cohen, Gordon, Kramer, and Morton
EXCUSED: Faricy
ABSENT: Alton and Johnson
STAFF: Patricia James, Carol Martineau, Allan Torstenson and Peter Warner
The meeting was chaired by Commissioner Morton.
Firstborne Properties - 07-027-041 - Rezoning from R4 One-Family, Residential to 62
Community Business, 1337-1341 Pascal St N, SW corner at Bison Ave.
Allan Torstenson reviewed the March 29, 2007, public hearing on this case, when the Zoning
Committee closed the public hearing and voted for a two-week layover for staff to look into
options for allowing expanded food service without rezoning to 62.
Mr. Torstenson said that the 2004 application for a nonconforming use permit for "mixed-use
. retail" for this site specifically stated that the Java Train menu offerings would include scoop ice
cream. When the 2004 nonconforming use permit was written for a"coffee shop," staff and the
applicant did not understand that the reference in the definition of coffee shop to food items
allowed under a Restaurant C license would not allow scoop ice cream. Because of this, he
thought reconsideration of the nonconforming use permit to allow some expanded food service
inc�uding scoop ice cream without rezoning to B2 would be justified. Mr. Torstenson said he
had discussed this option with the applicant; Mr. Finnegan wants to continue to pursue the
rezoning with the understanding that reconsideration of the nonconforming use permit may be
another option to pursue.
Commissioner Kathi Donnelly-Cohen moved the staff recommendation for denial of the
rezoning. Commissioner Richard Kramer seconded the motion.
The motion passed by a vote of 4-0-0.
Adopted Yeas - 4 Nays - 0() Abstained - 0()
Drafted by: Submitted by: Approved by:
Carol Martineau AI! lan Torstenso� Gladys Morton
Recording Secretary Zoni�g Section Chair
•
b�-���
MINUTES OF THE ZONING COMMITTEE
• Thursday, March 29, 2007 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
PRESENT: Alton, Donneily-Cohen, Faricy, Gordon, Johnson, Kramer, and Morton
STAFF: Pafricia James. Carol Martineau. Alian Torstenson and Peter Warner
The meeting was chaired by Commissioner Morton.
Firstborne Properties - 07-027-041 - Rezoning from R4 One-Family Residential to B2
Community Business, 1337-1341 Pascal St N, SW corner at Bison Ave.
Allan Torstenson presented the staff report with a recommendation for denial for the rezoning.
He noted that 17 letters in support and 2 letters in opposition to the rezoning had been
distributed to the committee, and also a letter from the District 10 Como Community Council.
The letter form the district councii encourages, if the Zoning Committee recommends denial of
the rezoning, changes in zoning requirements to allow businesses of this type to operate under
a conditional use permit.
In response to questions from the committee, Mr. Torstenson said the existing nonconforming
use permit for the coffee shop and flower shop includes a condition about hours of operation
• that would not apply if the property was rezoned and the uses became conforming; the condition
could be put on a license. He said B1 or TN1 zoning would be compatible with the way the area
has developed, would be consistent with policies in the land use pian, and would be appropriate
for this site. He also discussed uses that are first aliowed in the B2 that might be incompatibie
in this location (see attached summary of uses allowed by zoning district). He explained that
under the existing nonconforming use permit for a coffee shop they can not serve non-
prepackaged food such as ice cream, soup, and sandwiches made on-site.
Steve Finnegan, the applicant, explained that their 2004 application for a nonconforming use
permit [for "mixed use retail"] stated that the Java Train menu offerings would include scoop ice
cream. When they got their nonconforming use permit for a coffee shop it wasn't clear to them
that meant they couldn't serve soup and ice cream. Now their prepackaged food suppliers are
going out of business or changing the food options availabie, and neighborhood customers are
asking for more food choices. Therefore, they applied for rezoning to B2 to be able to get a
Restaurant B license so they can serve soup, scoop ice cream, and some additional menu
items their customers are asking for.
At the question of Commissioner Kramer, Mr. Finnegan stated they own the property.
Betsy Wehrwein, 1403 Albany Ave., spoke in favor of the rezoning {see attached letter). She
said iYs too bad they weren't grandfathered in as a restaurant when they got their
nonconforming use permit for a coffee shop in 2004. She said most of the uses that are first
allowed in B2 require conditional use permits, so there is ample means fo protect the
neighborhood if the properfy is rezoned fo B2.
•
March 29, 2U07, Zoning Committee Minutes
Zoning File 07-027-041
Page 2 of 2
Sara Ford, 1469 Midway Parkway, said her back yard butts up against the watl of the flower
shop/coffee shop building and spoke in favor of the rezoning. She said the business has
transformed their block, provides a vital space for neighbors to meet and get to know each
other, and is a great asset to the neighborhood that has improved property values.
Dale Anderson, 1381 Pascal St., said they bought their house on Pascal two years ago because
Java Train is there. It met an important criterion for fheir choice of a neighborhood. It is a
comfortable, ciean, family-oriented business that is an asset to their community and has broad
community support.
Nancy Zugschwert, 1361 Simpson St., spoke against the rezoning (see attached letter). She
said she echoes what others have said in support of Java Train and that it's an asset to their
community. However, she is against the rezoning because she is concemed about what other
uses B2 zoning would allow, and what might happen if the current owners sell the property
some day.
William Sylvester, 1463 Midway Pkwy., said he loves the coffee shop as it exists now and thinks
it's horrible that they can't make their own sandwiches, but he is opposed to the rezoning
because it would create problems if they were to expand their seating, expand their hours, or
get a liquor license (see attached letter).
•
Steve Finnegan, the applicant, explained that their neighborf�ood customers have asked them to •
expand the food service and consider serving wine. Their biggest concern is to be able to serve
ice cream and some limited non-prepackaged food. If they can't do that, they may need to
close earlier, at 4:00 or 5:00 in fhe afternoon. Because of fhe cost and insurance involved, a
beer and wine license may not be worthwhile; they have not made that decision but would like
to have the option available.
The public hearing was closed.
Commissioner Johnson moved the staff recommendation for denial of the rezoning.
Commissioner Kramer seconded the motion. .
There was discussion about a two-week layover to look into to options for aliowing expanded
food service without rezoning to 62. Commissioner Johnson and Kramer withdrew their motion
for denial. Commissioner Kramer moved a two-week lay over. Commissioner Johnson
seconded the motion, and it passed by a vote of 7-0-0.
Drafted by: Submitted by: Appro�ed by:
���� ��-� ����
Carol Martineau Allan Torstenson Glad Morton
Recording Secretary City Pianner Chair
•
OS Office-Service (continued)
Day care, school, library, park, church
Rectory, canvent
• Coliege, university, trade school, arts school
Noncommercial recreation
Utility/public service building'
Artist and photography studio
Business o�ce, bank, insurance, real estate office
Professional ofiice, medica{ clinic
Drive-through sales and services'
Mailing and packaging, photocopying
Service businesses, e.g. watch and shoe repair,
tailor shop, barber, beauiy shop
B1 Local Business
Most OS uses (not multiple-family dwelling)
General retail, grocery store, bakery, liquor store
Laundromat, dry cleaning (retail outiet)
Post office
Tobaccoshop
Coffee shop*, Carry-out �estaurant
Bed and breakfast
B2 Community Business
Ail B1 uses
Community residentiai facility*
Veterinary clinics, tattoo shop
Service businesses with a showroom or workshop,
e.g. contractor, painter, appliance repair
• Restaurant, catering, coffee kiosk
Private hali, ciub, health club, indoor recreation`
Theater, bingo hall*, assembly hall
Auto service station*
Auto convenience market', auto specialty store'
Maii order house', printing/publishing`
83 General Business
AII B2 uses
Hospital
Business sales/services. package delivery service
Currency exchange', pawn shop`
Dry cleaning, commercial laundry
Greenhouse*, outdoor commercial use'
Mortuary, funeral home
Hotei, inn, motei
Adult use"
Small engine repair, automotive bench work
Auto repair*, car wash'
Outdoor auto sales*, indoor auto sales
Bus/railroad passenger station, helistop*
Finishing shop, limited production and processing
Wholesaling (no outside storage, <15,000 sq. ft.)
B4 Central Business
Most B3 uses (except auto and outdoor uses)
Multiple-family dwelling
• Museum
Indoor auto sales .
Commercial parking facility °
BS Central Business-Service
4 7
Mosf 63 uses
Multiple-family dweliing
Overnight shelter
Museum
Pubiic utility heating or cooling plant
Commercial parking facility
Warehousing, wholesaling
Research, development and testing labo�atbry
INDUSTRIAL DISTRICTS
11 Light industrial
All 83 uses
Overnight sheiter
Teievision/radio transmitting towers'
Pubiic utility microwave antenna'
Public utility heating or cooiing piant
Gun shop', shooting gailery`
Auto body shop
Commercial par4ing facility, bus garage
Airport, heliport
Raiiroad yard, shop, terminal freight facility
Taxi dispatching, maintenance and storage
Warehousing, wholesaling, rental storage facilities
Manufacturing from previousiy prepared materials
Brewery, micro and regional
Lumber and contractor's yards
Research, development and testing laboratory
12 General Industrial
All 11 uses
Power plant, municipal incinerator
Sewage treatment plant
Intermodai freight yard*, motor freight terminal
Manufacturing from raw materi2ls
Storage of building materials, sand, gravel, stone
Brewery, national
Hazardous and infectious waste processing"
Mining of sand, gravel, other raw materials*
Salvage yard*
13 Restricted Industriai
Public services and utilities, transpo�tation facilities
Gu� shop, shooting gaffery
General industrial
Hazardous/infectious waste processing*, incinerator'
Mining`, rock crushing*
Petroleum/gasoline tank farm
Rendering plant
Saivage yard*, auto body shop
* Conditional uses - May require a Conditional Use
Permit (CUP) granted by the Planning Commission.
CAAPCJ district isjurisdiction of Capitol Area Architectural Planning
Board. Visit htto'/lwww caaob state mn us for detaifs. ,
Note: THIS IS NOTA COMPLETE LIST OR LEGAL DOCUMENT. For
simplicity and readability, it departs from legal and technical language of
the Saint Paui Zoning Code and other applicabie regulations.
http:l/www.lie p. us 1 /2006
a�����
• March 29, 2007
Ailan Torstenson
Zoning Staff
1 S00 City Hall Annex
25 Wesi Fourth Street
Scint Paul, MN 55102
Re: 07-027-041 Firsfborne Properties Rezoning from R4 {One-Famiiy
Residential) fo 62 (Community Business) 1337 Pascal St N, SW corner at
Bison Ave
Dear Mr. Torstenson:
I am writing in support of a request for rezoning for the Java Train at 1337
Pascal Street North in Saint Paul.
I and my three children live three blocks from the Java Train. They are the
ages of 18 and 14 and 14. They walk to the Java Train after school and
meet with friends. We all stop by there during the weekend or in the
. evening. it is safe and the tra'fic around is not a great concern. One of
my children works �here and was paid extra to help build the patio on the
north side of the buiiding. Some of his rriends also worked in creating the
mural that is on the north side of the buiiding. Steven Finnegan, the
owner, has also helped my son learn car repair. This is truly a community
esiablishment and I am very proud and satisfied with having this business
in the neighborhood... '
This particular neighborhood in Saint Paul is predominantly residential. It is
bounded by Como Park to the east and the State Fair Grounds to the
wesi. iwo signiiicanT raii 6nes cufi it orT on rne souti�. io ine nor'rn, tne
neighborhood continues as residential to the city limits. We have lived .
here for 13 years and it's nice to be so conveniently located between
Saint Paul and Minneapolis. I can drive to either city fairly quickly. My one
complaint is that I would like to be able to walk to more establishments.
There is only one restaurant within this quadrant and it would be very nice
to see the Java Train be able to expand its service.. : �
The Java Train is a wonderfui piace to patronize: It is all about quality and _
community. A playhouse caboose is tucked in a comer.' Old candy, ..
dispensers are lined up at ihe perfect height for small children: It serves
• I�y's Ice Cream. During fhe winter it is cozy_and warm. The :: -
neighborhood can kie found there, visiting either.after church or some
Re:07-027-041
March 29, 2007, page 2.
other midday time. Perhaps 'rts best time is when folks are hanging out
through the cooling hours of a summer evening. This is 1he kind of place
that you wish was in your neighborhood.
When I looked up fhe agenda for fhe Zoning Commitfiee, I was surprised
to find that the buiiding is currently zoned as R4. I naturally thought that
this property would already have been zoned commercially.
Prior to 1975, this property was zoned commercial. When in 1975, the
zoning was changed to R4, it is my understanding that this property was
�i..r Lh � �� j V �� I ' n{ i Tl� t
y �cn �u � u�n c .,ga�, ro� a-�o o�,� „ny use. ��e cu,rer�; °2 zani� �y
request that Java Train is seeking, is more restrictive than fhe original
commerciai zoning in 1975. I understand that the city has, at its discretion,
tne ability to add various conditions on this property's use to protect the
neighborhood if it is changed to B2.
I hope that you can do whatever is possible to keep this business
economically viabie and serving the neighborhood. Aii its charm is built
into this specific location. I personally don't want anything bad to
happen to this business, because i have two younger children fhat I would
like to see have fhe same opporfunity as their older brofher has had. I
would like to continue to have people in this neighborhood be able to
walk to this lovely neighborhood focal point. It seems to me that this is
exactly the sort of place Sustainable Saint Paul woufd want. If is my desire
to have the city change the zoning from R4 to B2. Indeed, this is really. ':
�vhat fhe properfy originally was before 1975, it is grandfathered in to kie
so now, and by ailowing it to become 62, we have the opporfunity.to. :-= ,
carefully aliow the business to expand its service in a way thaf besf ineets .:
the needs of the neighborh"ood. '
.. .- .
- . --
.. . .
Thank you for your consideration. -.. - : ' " ° '
Sincerely, '
; _:.. -. , _-
_ '.
Betsy rwein ,. :--.: : - _
1403 Aibany Ave , -.
Saint Paul, MN 55108 4 ". -
� _ " � � - �_� ' .
-_ .. : . � � ._. - _
�
i
•
•
a7-��-�
Mazcfi 29, 2007
• To the St. Paul Planning Commission Zoning Committee:
I am here today to oppose File �07-027-041, the proposed rezonin� from R4 to B2 the
properry located at 1337 Pascal Street North, currenfly occupied by the Java Train coffee
shop and The Fighting Iris floral shop. This properry is located in an exclusively residenrial
neighborhood and I believe it is in the City's best interests to preserve the residential nature
of this azea
I understand the business owners are currently pursuing a license to sell beer and wine at their
location at Pascal & Midway Parkway. Pm not sure if the zoning change is required for them
to operate under such a license or if it is being pursued by the owners to increase the lona
term resale value of their property.
I do know that while I love the Java Train and Fighting Iris and deeply respect most of the
crearive things the owners have done with this property, I do not support the expansion of
their business in this direction, nor do I believe this property should be zoned B2 community
business. I have been in touch with other neighbors who live, as I do, within one block of this
property, and all aze opposed to both the license cbange and the zoning change.
Here are some of my concerns:
• This business is the ONLY business in a completely residential neighborhood. I have
lived at 1361 Sisnpson Street for 20 yeazs and in that time, the businesses at Hoyt &
. Hamline, and the businesses along Como near Snelling have been the closest commercial
entities, and they have been part of the fabric of the neighborhood neazly since iYs been a
neighborhood.
The Java Train intends to expand theu seating capacity, increase their menu offerings and
add wine and beer to the menu. From a zoning aspect this creates a problem because
there is already no of£-street parking for this business (a zoning waiver of some kind was
granted for them to operate that way now). With the ebb and flow and relatively short
stays people make when visiting a coffee shop, this situarion has not created too many
problems, and most neighbors agree it is a lovely trung to have a coffee shop in the
neighborhood.
Expanding theu seating capacity will undoubtedly increase traffic and use of residential
streets for commercial pazking. Expanding their hours will increase the amount of time
throughout the day that non-neighborhood traffic is coming and going. If the alcohol
license is granted, it stands to reason that this expansion will also lead to additional daily
noise beyond that of this historic St. Paul neighborhood.
• It should be noted that Java Train has a large outdoor pafio. The appeal to customers of
coming and spending theu summei evenings en}oying their wine and beer outside is
legitimate. The hope that the Java Train would sell their alcoholic beverages responsibly
and monitor the noise level at any given time is sincere, yet unrealistic.
When people have asked me over the years hok° I can stand putting up with the State Fair
• every yeaz, my answer is, "I can tolerate 12 days ofnoise, traffic, and diunken people
hying to fmd their cazs at night because we have such a wonderfutly quiet neighborhood
the other 353 days of the yeaz " Having tiie pofential for a nightly suwmer party on tfie
next block, with the sounds of a dozen or more people enjoying the Java Train patio, •
foAowed by the sounds of caz doors opening and closing throughout the evening and
especially at their proposed 11 p.m or later closing time, is unacceptable for a residential
area
• Changing the zoning also opens to the door to a wide array of other busiaesses that could
occupy this property in the future. Once it is rezoned, there will be little the neighbors can
do to prevent uses that do not fit as well with the fabric of the neighborhood.
The current owners seem sincereIy interested in serving theu current clientele, many of
whom live in the azea, but they would need to draw people from outside the
neighborhood to support an eapansion. While the owners strive to be "family-friendl}�'
thete is no guazantee that a future owner would hold the same values.
This is not an urban renewal issue. 'I'his is not a neighborhood that needs revival or new
businesses to tum it azound. There is no economic gain for the neighborhood
whatsoever in this proposal. The only economic gain is for the business owners. In fact,
the neighbors risk a loss because of the potential damage to their property values from
their proximity to an esrablishment that could completely change the atmosphere of the
neighborhood, especialIy throughout the summer months.
I have been a huge supporter of the Java Train. I ask my friends from outside fhe
neighborhood to meet me there because I love to support independent business owners. But I
do not support their quest for their business e�cpansion and I do not in any way believe it
would be prudent for our city leadership to grant this zoning change. I believe our elected •
officials have as much an obligation to individual homeowners and neighborhood dwellers as
they do any given business entity.
St. Paul is a unique city. It faces many of the same problems thaf other lazge urban cities face,
but it is aIso unique in fiow so many of St. Paul's fabulous neighborhoods have retained their
chazacter — and their property values — over the years. We haue neighborhoods with their own
unique identities, and the Como azea of St. Paul is one of those rare gems. There aze plenty of
places throughout the city where business owners can find commercial space to pursue the
business of their choice, and there aze numerous places we can go for food, coffee, wine or
beer. But wonderfui neighborhoods tfiat aze truty neighborhoods, where crime is low and
people aze still friendly, aze a rare find.
I appreciate your careful consideratiott and hope you will see fit to deny this requested zoning
change to help preserve what this azea is and has always been: a residential neigfiborhood.
Thank you.
Nancy Zugschwert
1361 Simpson Street
St. Paul, MN 55108
Bizmaill�a,�sn.com ' '
•
� ( J J / !
_ _
William Sylvester
Direct line 651.649.0812
Zoning Committee
City of Saint Paul
Planning and Economic Development
1400 City Hall Annex
25 West Fourth Street
St Psu4, MN 55102-1634
�453 Midway Pkvr�
St. Paul, MN 55108
(65'i)649-CS'12
M2rch 23, 2007
Re: Java Train expansion - concern for the community and.major personal finical loss.
Dear Sirs,
I own the property immediately south of the building containing the Java Train. They do business less
than eighteen inches from the property line. So any decision you make will have a� enormous impact or�
the value of my home which is also my major asset. I strongly feel that if this business in not contained
ard is allowed to serve alcohol until early morning hours, my home's property value will drop dramatically.
I have not consulted professional assessor but a rough figure of $30,000 to $50,000 or even more seems
• reasonable to me. I haven't found anyone who would want to live next to this business as purposed not �
even the Java Train's owners. The whole purpose of zoning is to prevent this kind of thing from
happening.
�
Two years ago fhe owners of the Java Train asked for zoning/landuse concessions to create a small
neighborhood coffee shop. The neighborhood was almost universaliy supportive. The only objection was
10 PM closing time. That was changed fo 9 PM and it seemed that we had something that worked for
everyone.
Recently they made a proposaf that radically alters that agreement. The new proposal is outlined in the
enclosed e-mail they sent to their supporters, it will double the seating, extend the hours from 9 PM to
afi'ter midnight and serve wine and beer with mini pizzas and other token food. This cute little coffee shop
will no Ionger an asset to the community, but a liability, posing signiticant inconveniences and some
serious risks. Not in the emaii is that in addition to the 400 square feet they intend to use immediately
they have another 400 square feet fhat couid become available and 1 believe used without additional
zoning changes. So instead of doubling the seaiing they could triple it and of course triple the negative
impact on me and rest of the community.
Parking. C�srrently we have a manageable parking situation most of the time. A few cars park aVong my
property on a daily basis, but mostly just during the day. Doubling the seating wil( change this from a.'
chronic problem to a near catastrophic one. .They will constantly deny me the convenience of on street '
parking near my home. If they expand into the rest of the building this wili become unimaginable,
Noise. Some neighbors have expressed concerns about noise in the evening. One side-yard and a half
dozen backyards over look the patio: By extending hours to beyond midnight and the addition of alcohol "'. _
this nuisance will become a major irritant and source of complaint.
Traffic. For the most part Pascal is a quiet residential street. A few years ago thanks in part to our small :
area plan we were able to move the city buses to Sneliing Avenue. Now there are often as many ..
skateboarders and rolierbladers on Pascal as automobiles. This new plan will not only af minimum
double the number s but rely more on people from outside the area more than the walk up traffc
generated by nearby neighborhood residents. When they give up on the flower shop all together_they will
be abie to increase the capacity of the restaurant by another 25 seats without zoning changes.
Vandafism. We are extremely fortunate that crime in our area is a rare event. Since the Java Train has
opened a smal! increase in property crime has been occurred. During the fair we experrence occasional
property crime. I associate this with late night drinkers coming from the fair. We hear blusterous verbal
exchanges, then glass braking and then we find a car with a broken window. With the addition of alcohol
and late night hour to the Java Train business plan, crime has become a more significant concern.
No reasonable buffer. One concem of good urban planning is creating transition between areas of �
differenf functions in this case between residential and commercial. While in the suburban model this.is .
done with land and landscaping even in planned unit developments utilize visual and psychological
bzrriers to pehorm the same function. Right now the cultural barriers, which keep people from walking
around in other peopie's backyard or parking in someone else's driveway, are gone here. So, I am , r- �
occasionally confronted by a person wandering around my backyard on a cell or as many as two cars :
par.king on my parking pad well inside my yard. When zoning changes are being requested, the
landowners that benefif from fhe changes should be required to mitigate these kinds of problems. Failing
that any idea that would solve this problem sfiould be seriously considered before zoning changes are,
granted.
Sincerely
G
William Sylvest��
` � : , _
.
\ I
•
DEPARTMENT OF PLANNING &
ECONOMIC DEVEIAPMENT
Cea'le Bedor Direclor
Q
x;..=-°
� ���
0.,.T
xcz.
�
RRAA
CTTY OF SAINf PAUL
Ck�isfapher B. Coleman, Mayor
May 4, 2007
Steve Finnegan
Firstborne Properties
5401 2nd Ave S
Minneapolis MN 5541 9-51 1 0
RE: Zoning File # 07-027-041, Firstborne Properties
Dear Mr. Finnegan
On February 26, 2007, you applied to rezone property at 1337-1341 Pascal St N. After a public
hearing by the Saint Paul Planning Commission's Zoning Committee on March 29, 2007, the
Commission voted to recommend deniai of your request on April 20, 2007.
25 WestFounh Street
Saint P¢ul, MNSSIO2
Telephone: 65I-Z66-6700
Facsimile: 651-228-3220
The Planning Commission's recommendation is being forwarded to the City Council for their
� action. Minnesota Statutes 15.99 requires that all city action on zoning applications be
completed within 60 days of the date the application is made, but allows the City to extend this
period for an additional 60 days (totai of 120 days). In order to accommodate the City Council
public hearing on your rezoning, which is also required by state law, the City of Saint Paul is
� hereby extending the deadline for action from May 6, 2007, (original 60 day deadline) to July 5,
2007(additional 60 day deadline). The City Council public hearing on this rezoning has been
scheduled for May 16, 2007.
Piease contact me at 651-266-6579 or allan.torstenson@ci.stpaui.mn.us if you have questions.
Sincerely,
Allan Torste son Gry/
City Planner
u
cc. File # _07-027-041
Zoning Administrator
License inspector
District 10 Community Council
L:�.Amandamerg�PEDpc\TemplaTes�PC-60-day rezoning exteasion lh.dot
. � AA-ADA-EEO EMPLOYER
n
U
�
LJ
•
ZONING COMMITTEE STAFF REPORT ��_�U,�
1. FILE NAME: Firstborne Properties FILE #: 07-027-041
2. APPLICANT: Firstborne Properties (Steve Finnegan) HEARING DATE: March 29, 2007
3. TYPE OF APPLICATION: Rezoning - Consent
4. LOCASfON: 1337-1341 Pascaf Street N, between Bison Avenue & Midway Parkway
5. PIN & LEGAL DESCRIPTION: 222923320125; FRANKSON'S SUBDIVISION EX PART
TAKEN FOR PASCAL ST LOT 11 AND ALL OF LOT 12
6. PLANNING DISTRICT: 10
7. ZONING CODE REFERENCE: §61.801(b); §66.414; §66.421
8. STAFF REPORT DA7E: March 22, 2007
EXISTING ZONING: R4
BY: AIIan Torstenson
9. DATE RECEIVED: February 26, 2007 60-DAY DEADLINE FOR ACTION: May 6, 2007
A. PURPOSE: Rezoning from R4 One-Family Residential to B2 Community Business.
B. PARCEL SIZE: 6,098 square feet {0.14 acres) triangular parcel
C. EXISTING LAND USE: Coffee shop and flower shop on first floor; apartment on second floor.
D. SURROUNDING LAND USE:
North: Single-family residential (R4)
East: Church and school (R4)
South: Nursing home, SF and multi-family residential (R4 and RM2)
West: Single-family residential (R4)
E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property initiated
by the property owner; §66.414 states the intent of the B2 Community Business District;
§66.421 lists uses permitted within the B2 zoning district.
F. HISTORY/DISCUSSION: The existing building was built in 1928 as a pharmacy and grocery
store. Prior to 1975 the property was zoned Commercial. Use of the property became legally
nonconforming when it was rezoned to R4 One-Family Residential under the new zoning code
adopted in 1975. In December 2004 the Pianning Commission approved a change of
nonconforming use from office-warehouse on the first floor (with an apartment on the second
floor) to a coffee shop and flower shop on the first floor (with an apartment on the second floor).
In February 2005, the Planning Commission approved a parking variance of 7 spaces for the
flower shop and coffee shop (11 required and 4 parking spaces provided).
G. DISTRICT COUNCIL RECOMMENDATION: None received at the time of this report.
H. FINDINGS:
1. § 65.612, Coffee shop, tea house, of the Zoning Code defines coffee shop, fea house as,
"An establishment engaged principally in the sale of coffee, tea, and other nonaicoholic
beverages for consumption on the premises or for carryout, which may also include the sale
of a Iimited number of food items as allowed under a Restaurant C license:' A Restaurant C
license limits food service to beverages, bakery products or prepackaged foods. The
applicant wishes to be able obtain a Restaurant B license in order to sell non-prepackaged
food such as soup, sandwiches, pizza and ice cream. Restaurants are first allowed in the
TN2 and 62 zoning districts.
2. The building was buiit as a pharmacy and grocery store to serve the surrounding residential
property, on property that was zoned "Commercial" under the zoning code that was in effect
untii 1975. Uses allowed under the proposed B2 Community Business zone, including a
restaurant, wouid have been allowed under the Commercia( zoning district that was in effect
as this area developed. However, the uses that were actually developed in this area are all
Zoning Fjile # 07-027-041
Zoning Committee Staff Repoft
Page 2 of 2
first ailowed either in the current B1 district (the pharmacy and grocery store) or in .
residential districts. Therefore, the proposed B2 zoning is not consistent with the way this
area has dsveioped. �
3. The City Land use Plan (Objective 5.2.1), states that, "in traditionai neighborhoods, the City
wili support compatible mixed use within single buiidings and in separate buildings in close
proximiry," A mixed use building housing a coffee shop and a flower shop is compatible with
the surrounding church, school, nursing home, and residential land uses. A small
neighborhood-oriented restaurant in a smail space might aiso be compatible with this;
however, a larger restaurant or other uses ailowed under 62 zoning may not be. The
proposed use is consistent with Policy 5.1.1 of the Land Use Plan calls for commercial, civic,
and institutional activities embedded in the neighborhood, not isolated in remote, single-use
complexes. The Housing Plan cail for development that responds to the market and
preferences for housing within walking distance of shopping, restaurants, parks, transit and
cultural attractions. The proposed restaurant would provide a service that is lacking within
walking distance of residents in this area. it would provide the kind of neighborhood
gathering place that is good for building a sense of community. It would provide a gathering
place for people attending the church and those visiting the school and nursing home across
the street. However, fhe proposed B2 zoning would potentially al(ow uses that would be
incompatibie with surrounding uses on this particular site.
4. § 66.414 of the Zoning Code states that "the B2 Community Business District is intended to
serve the needs of a consumer population larger than that served by the "Local Business
District," and is generally characterized by a ciuster of establishments.generating large
volumes of vehicular and pedestrian traffic." § 66.412 of the code states that "the 61 Local
Business District is intended to permit those uses as are necessary to satisfy the basic
convenience shopping or service needs of persons residing in nearby residential areas." •
The intent of the 61 district stated in the Zoning Code is a better fit for this site. A smail
neighborhood restaurant, which might be compatible with this area, is not permitted in the
61 district. A large restaurant or other uses allowed in the B2 district that may generate
large amounts of vehicular tra�c would not be compatibie with the surrounding uses. The
building and the site are so small, and the off-street parking so limited (only 4 off-street
parking spaces), that the building may be unlikely to be used for a business that generates a
lot of vehicular traffic; further parking variances would probably be needed for such a use.
5. The current R4 zoning does not permit reasonable use of this property, a mixed-use
commercial buiiding designed for retail space on the first floor and an apartment on the
second floor, without a nonconforming use permit.
6. Court rulings have determined fhat "spot zoning" is illega! in Minnesota. Minnesota courts
have stated that this term `applies to zoning changes, typically limited to sma11 plots of land,
which estabfish a use classification incohsistent with the sur�ounding uses and c�eates an
isfand of nonconforming use within a larger zoned district, and which dramatically reduce the
value for uses specifred in the zoning ordinance of either the rezoned plot or abuKing
property." While the proposed BZ zoning would be inconsistent with surrounding uses, it is
unclear that it would "dramatically reduce the value for uses specified in the zoning
ordinance of either the rezoned plot or abutting property."
7. The petition for rezoning was found to be sufficient on February 26, 2007: 11 parcels
eligible; 8 parcels required; 8 parceis signed.
STAFF RECOMMENDATION: Based on the above findings, staff recommends denial of the
Rezoning from R4 One-�amily Residential to 62 Community Business.
.
�SAIi�T�
� f�R :
1AAA�
PETf[lON TO AMEND TNE ZONING CODE
Dcpa�ha�f ofP/�Smrd Econ�ic Developraou
Zoning Sedion
1400 Ciry HaUAnnex
25 West Fourth Stsed
Saini Pau� MN 55102-1634
(651) 266-6589
�
�-F.�
APPUCANT I City ��S St:(�ln ZipS`S�� DaytimePhone�9�Z �o(��S
Contaet Person (if different) S�� � 1����.A�� Phone t OIZ S�DS 1�I
Addresst
PROPERTY Le al Des
LOCATlON _ 9 _
necessary)
o�-��
�D' �c
_
2 = R�f
u
��-�,n=. �.
Current Zoning
�S� (;'1
TO THE HONORABLE MAYOR AND CITIICOUNGL:
ntto Section 61.800 ofthe Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues,
�S� �CrL(1F= ��2(r��S , owner of land proposed for rezoning, hereby petitions you to
the above described property from a �� zoning district to a�jZ
zoning district, for the purpose of:
Ub�+�s�� - c� ��S�n,u2�-�I � ��SC2nc�/��� ��tmt�G,�. -�-Q-
� �
�51� �C� �- � �lo� - �c��t � rY U�- �-P� ` ,
v
(attach additional sheets if necessary)
Attachments as required: ❑ Site Plan J�Consent Petition �Affidavii
Subscribed an�l�yv_om to before me
r
this CX day
af _ e� �.r ,ZOo�.
� C�� r�- � �,��c�
otary u �c
�
�ti� � w �
� � 5 ���
s �' �t�;J � r;v::��.;.:
Fee ner o Property
Title: ��"�"'°
b:�°'�;., SRRAH L. ANDERSON
=4''� � NOTARY PUBLIC
� MINNESOTA
''�.,..M,,.�`� MyCammiastonExpires
Page 7 of
CITY OF SAINT PAUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A
REZ011'ING
We, the undersigned, owners of the property within 100 feet of the total contiguous description of
real estate owned, purchased, or sold by THE PETITIONER witfiin one yearpreceding the date of.
this petition acknowledge that we have been presented with the following
1. A copy ofthe petition of '� �� l�jD��-(�
to rewne the property located at ��� — � c"S� � �'�ck `�'(��ot- �(
from a 4'� T zoning district to a�� zonmg district.
2. A copy of secrions � through �, inclusive of The Saiat Paul Zonuzg Code; aad
acknowledge that we are aware of all of the uses permitted in a �jZ zoning dishict and we are
aware that any of these uses can be established upon City Council approval of the rezoning. We hereby
consent to the rezoning ofthe properry in the petirion oF
��T�'M-C� � L1..C— to a �� zomng district.
(Name ofpe'tioner)
We consent to the approval of this rezoning as it was explained to us by the applicant or liis/her
representative.
.•' �30� .S�inYav.c
� �,v ssiog
lY�y M�o,.✓A7 PK:.r/
S'r �}�tL M✓ 5S[U�
?�7��W u
+� SS �
i `I Z Slwr��^'
S ; f�q �c ��u Ss�i
(`� �'7 M�ovra� P��
S� P,��, �
:�F3r ,N,ewirl i�wi
6r Ph��, M,o . ,�t S
3zi:� SiMPSbN 5j ,
�
o�
��
' � j . �
� c�
X-/�" �-'4�Si�
��Et�QY C�o�c-E'
J/�,tisEs G� G+,v �,v«c
lR,�,. 6 , u�o �.�i
Michpr� wA�7�
�-�--
�,
;i � Z—i 3 -o
(Q� " z% r L / o `7
� �3 s� � 7/ �
a/iz/��
2���1��
� l/7^'' �
L �7 V7
L�1��(;�
1 tir -��
rn_L� )d� tr�t � r- 's�Cc-2�:�.>,-z�
Y2� YZWJ �G
L
� �'
r
„�. _
/ � �
` � �/�z/��
.
•
� � NoTE: This petition shall not be considered as officially filed until t6e lapse of seven (�
working days after it is received by fhe Planning Division. Any signator of this petition may
withdraw his/her name therefrom by written request within that time.
�
CITY OF SAINT PAUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A
REZONING
D�?'��(-�
We, the undersigned, owners of the praperty within 100 feet of the total contiguous description of
real estate owned, purchased, or sold by TI-� PETITIONER within one yeaz preceding the date of
this perition acknowledge that we have beenpresented with the following:
A copy of the perition of
LL C
(name of petirioner)
to rewne the property located at / 3� 7— i 3 t1 � �RS c,§-� �j+- 1�� �� x ,
from a��_zoning district to a� Z- zoning district.
��
2. A copy of sections lr'� 9'I Q- through �oro yl inclusive of the Saint Paul Zoning Code; and
acknowledge that we aze aware of all of the uses pemutted in a,(j 2 zoning district and we are
aware that any of these uses can be established upon City Council approval of the rezoning. We hereby
consent to the rezoning of the property in the petition of
" 7 �%��r. �-•.:'� L..l--C to a � 2 — zoning district.
(Name ofpetitioner)
�
•
No'rE: This petition shaIl not be considered as officiaIly filed until the lapse of seven ('n
warking days after it is received by the Planning Division. Any signator of this petition may
withdraw his/her name therefrom by wriYten request within thaf time.
We consent to the approval of this rezoning as it was e%plained to us by the applicant or his/her
representative.
CITY 4F SAIl�IT P.AUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A
REZONWG
We; the undersigned, ownezs of the property witUin 100 feet o£the totai contiguous descaipaon of
reat estate owned, purchased, or sotd by'C�h PET1TTOlVEAC within one yearprecediag the date of
this petition ac]mowledge that we have beenpresented witb the followin,ff
1. A copyof thepetitioa of ���Qs-�sr,�-� t'rz�,Q ��- ps LL C
m re�one the pcoperty
Trom a�_zoning dishict to a�b � zonmg district
� N• sS[as
2. A copy of aecrions �P '4 ¢ through G �Y/ Y , inclusive o:F the Saint Paul Zoning Cade; and
aclmowledge lkat we are aware af aU of the uses petmitted in a,B 2 zoning diurict sud we are
aware that any of these uses can be established upoa Ciry Council apptoval of the rezon�iug, We hereby
consent to the �zoning of the property in the pe�ution o� ����' ���
� 7 "'�FL's! - �n.-e �^'oc� f-i e� G.C..0 ro a Q L- zaning d'shict
(bTame ofpeaaoner) �EB 2 � 20��
.
r 1
L_J
!
Nm'E: This petttio» sball not be cansidered as otficiai[y �']i ed nnh7 the lapse of seven (7j
worldng dsys after it is rece#vcd by the Planning Aivieioa. My signator of this petition may
withdraw his/her n:me tberefrom by written reqaest wqithiq tltat time.
'
•
We eoneent to the apprqvaJ af this rezoniag ea it ms explaiaed en ua trq t6e appNcant or 3is/6er
represenffitiva
CITY OF SAJ1V'T PAUL
•
AFFIDAVIT OF PETITIO��R FOR A REZOI�+'ING
STATE O:� ;v?�,�;ESOTA)
COL'�iTY Or RPLvISEY )
:SS
��}'� `i�
T�?� L.Zi1i7p��I, �' L� N�v �i� /�v�l , 0�1,^:� Ii.'SC'�,lil}� SW'Oi.l, u��05°S aIlu SialzS t;12C ��:E
COP.S�.P,i r��1i�OR CQRi2.!P.S SIaP,3h1;�S Oi [hZ O�Fli,�_y Oi 2? ]��Si C�%10-ttl!ICS �2��� Oi flli .°.l+_ol'D12. PLQPCileS
within 1C0 ieet of the suoject property d�scribed i:: the petition and al1 p:oczrty contia ous to the subject
eroper,y t�:ai was owned, purchased, or so1.d by the pet:,ioner wiihin oa (1) yea p:ecedind the date of
tne petitior:; petitio�e: is informed that fne coaseat petition must contai� signa�u:es ?:om eacn and aii
owne;s of jointly-owr.ed proaerty in o:der to constitute corsent from that property and that failu.e to
obtain co::seat from eacn and all owners could invalidate the consent petition; petitioner believes that the
consent peh[ion was signed by each of said owners ard that the signa[ure are The true and corect
sigr,atures oi each and all of the parties so described.
�
Z.'2c.�—a �—
��l o � a��l l�.,� �, Mp l s�"zi ��
ADDRESS
�¢lz'"�C�£�-�tS i
TBLBPHONE NUMBER
Sub�ribzd and to before me t;�is
c7(� dayof C�4�Vaa✓H ,20�' .
J
�..-^" '_ � "
i`�.�
SC
�- =
� ��,y x -�
�
��t �s , ����� � c _
�3'.�.�"'�• a ,1 m� � ,>,
�. ,
� :,.. .
_ -,,:.:..
y -
�y • -
��� � .. _. . �� .
.� x � •
fi }�c' � _ �r
. �
tc01
CITY UF SAINT PAUL
AFPIDAVii'�t' OF PERSON CIRCULATING PETPITON
STATE OF MINNESOTA)
COUN7Y OF RAMSEY )
:ss
.
�'E�EIVED
FE� Z � ��fl�
�{ L•� ,�c ��.J , being �ttst duly s�rn, deposes rmd stabes tltat he/sbe is the peison
wbo ciXCUlated the withta' '�petit�' no an�d crntsent, consisting of _,� pages; tbat a�ant is infoimed and
believes that the parties desctx'bed are the owners respectively of the lots placed immediately before
each name, that affiaut is infononed and bclieves that each of flze parties described above is the owaez
of the property which is wit}un L00 fed from any prope�ty owned ar pucc6ased y petitioner or aoid by
petitioner within one (1) Yea�' Pseceding the date ofthis petztion which is coatiguous to the propert3'
des�ibed i� the petition; that except for
nome of the parties described above has pucedased or is puceLacing pznperty from the petitioner
contiguous w tbe above described p�opariy widain one (1) year of the date q� tbis petition; that this
consent was signed by each said owners in the p.resences of tLis affisat, and that Lhe si�atures are the
hue and correct signaAUes of each and all o£ the parties so descn'bed.
������
r7��G�67
'— ' Yr SHeIL A REARDON
�' _�
'�.� NGTsRY PU�L`C � M1�1tNNE507A
��, °ny fon^i55ion'cxpire5 Jan 31, 2010
� Subs nbed and awotn to befo:e m¢ this
day of �Cb�"u a , 2oD7 .
C +�cuh �h c�PM, c�t--
NOTARY PLTBLTC
��
SA NoH RY P�uBpC
MINNESQTA
W �.NOa ¢xdn+mle� tto� o _
u
•
�el�- rr s
TELEPHONE NUMBER
CITY OF SAINT PAUL �-���1-�'�
�
AFFIDAVIT OF PERSON CIRCULATING PETITION
STATE OF MINNESOTA)
COUNTY OF RAM5EY )
:SS
S�ve„� L. f..�,�zF � , being first duly sworn, deposes and states that he/she is the person
who circulated the within petition and consent, consisting of � pages; that affiant is informed and
betieves that the parties described are the owners respecrively of the lots placed immediately before
each name, that affiant is informed and believes that each of the parties described above is the owner
of the property which is within 100 feet from any property owned or purchased y petitioner or sold by
petitioner wifkiin one (1) year preceding the date of this petition which is contiguous to the property
described in the petition; that except for
none of the parties described above has purchased or is purchasing property from the peritioner
contiguous to the above described progerty within one (i) year of the date of this perition; that this
consent was signed by each said owners in the presences of this affiant, and that the signatures are the
true and conect signatures of each and all of the parties so described.
•
�Qvv�,✓ � h,,.
5y�I �.��. �-Je �.�. Mplss��l�`i
ADDRESS
lel z-g� �-� rl �
TELEPHONE NUMBER
Subs�nbed and swom to before me this
�Q_ day of �C��`u a 20�7 .
�� � � �
• NOTARY PUBLIC
�;��~:� SARAH t• ANDERSON
� ¢; �p?AFtY PUBIIC
�hINNESOTA
�,���,.�•' y�yCOmmiaslonExpiresO1M31�2�1�
�Vlain Level Floar Plan
�
- }.>;
- , :.
�--- .
;ti
�
�
U
Pa ue 7 0 �f 12
t
_. .
_ . . . . �.�. . _, „ _ - -
.. ., : . -
a , ,.....-. ,-
COMO�� P�RK
._ _..��,�
Drsnucr 10 Couo Coc,unmin Co[mc[t
•
March 26, 2007
Saint Paul Planning Commission
Zoning Committee
Gladys Morton, Chair
25 �V. 4�` Street
Saint Paul, MN 55102
Regarding: Rezoning from R4 to B2, 1337 Pascal
Dear Chair Morton,
The District 10 Land Use committee has reviewed the staff report for Firstborne
Properties application to change the zoning from R4 to B2.
��-��-�
Java Train owners Steve and Christine Finnegan have successfully completed the
• neighborhood petitioning process. The Java Train is a popular community gathering
place that makes a definite contribution to area vitality. Should the Zoning Committee
recommend denial of this application we would strongly encourage city council action
towards changes in zoning requirements that would allow businesses of this type to
operate under a Conditional Use Permit.
Best regards,
�� �
�---' )
Nathan Volz,
Co-chair, Land Use Committee
•
1224 Le�axcrox P�cwr. N. • SAINT PAUL� MN 55103 • PxoNa: (651) 644-3889 • Fax: (651) 646-6645
E-rtntt: Districtl0@ComoPazk.org • WEa S�7E: 6ttp://www.ComoPazk.org
. .... . pa9e 1 �
From: " "Kim Kbse" <klose001 @msn.com> .
To: <allao.torstenson@cistpaul.mn.us> .
Date: 3/28/2007 834 AM
Subject: Java Train rezoning
Good morning,
t understand there wilf be a hearing tomorrow regarding fhe expansion plans
of the Java Train coffee shop. I am unable to attend the meeting, but I
would like to state for the record that I support the Java Train.
I live next door to the coffee shop, my property butts up against it. I
find Steve and Christine to be very considerate and conscionable neighbors_
Steve was the first person out the morning of the recent snow, and plowed
out the entire block. The coffee shop has been a huge asset to our
neighborhood. It brings people together and alfows us a space to get to
know each other and strengthen our community.
IYs a family friendly place - a rare find in coffee shops. I have two
smal! chitdren, and Pm thriiled that they can pfay on the train and water
tower. The menu reflects the welcoming atmosphere as well - serving kid
sized drinks and "izzy" ice cream cones. I would be very happy to see more
seating available, more menu choices, and eventually a beer and wine
selection.
In conversation with neighbors, my impression is fhat fhe majority support
the expansion, with only one or two very vocal voices in opposition. Please
don't Iet the loud minority overshadow the perhaps not-so-vocal majority.
I urge you to approve the rezoning to allow the Java Train to expand.
Sincerely,
Kim Klose
1469 Midway Parkway
•
•
o��-�►��
•
Dennis and Molly O'Rourke
1371 Midway Parkway
Saint Paul, MN 55108
651-641-0834 (h)
March 28, 2007
Saint Paul Zoning Committee
C/o Allan Torstenson's emaii address
Re: Firstborne Properties, file #07-027-041
Dear Saint Paul Zoning Committee members:
We are writing in support of Firstborne Properties request for a rezoning to allow a small
neighborhood oriented restaurant. We live within a few blocks of the property in
question and support this change for several reasons.
� Prior to the conversion of the property to a coffee and flower shop, the property was an
eyesore. It was drab, uninviting, and detracted from, instead of enhancing the
surrounding neighborhood. Now, it is an attractive, inviting, and very well maintained
property that has become a gathering point far the neighborhood. This small business has
sparked increased interaction and communication among neighbors. As a result of this
business opening, we have met more neighbors, reestablished connection with those we
already knew, and had numerous opportunities to talk about events and issues affecting
our community.
The proposed addition of a neighborhood oriented restaurant services would provide a
service that is lacking within close walking distance to residents of this area. We much
prefer being able to access services without having to utilize a car. Not only is walking
or biking to local businesses beneficial to the environment, it is beneficial to our personal
health.
While we understand the concem that B2 zoning potentially allows uses that would be
incompatible with surrounding properties, it does not seem reasonabie to deny the
neighborhood this service due to the gap in the B 1 zoning that while "intended to permit
those uses as aze necessary to satisfy basic convenience shopping and service needs of
persons residing in nearby residential areas" does not pezmit small neighborhood
restaurants. Given the small size of the property and the limited on-site pazking, it is
hi�hly unlikely that uses incompatible with the surrounding community wiil occur in the
. future.
�
We believe that many of the finding in the staff report could be interpreted to support the
rezoning request. Thus, we urge you support the application for rezoning by Firstbome
Properties.
Sincerely,
Dennis and Molly O'Rourke
Cc: Council Member Jay Benanav
�
•
rage t or i
.
���1! �
Allan Torstenson - Java Train-big surprise! Letter of support
From: "LINDYTEIKEN"
To:
Date: 3/28/2007 2:12 PM
Subject: Java Train-big surprise! Letter of support
I hope and pray you have been bombarded with letters of support for the proposed zoning change
for our beloved Java Train. I moved into this neighborhood 2 years ago with the Java Train
meeting a most important criteria for our move, a destination within walking distance. Preferabiy
a restaurant/coffee shop.
I considered SAP and concentrated most of my efforts in finding a home there, but what I could
afford, was damaged and in i1{ repair or too small. I have one of the more expensive homes in
the neighborhood, as illuminated by my recent property tax bill. I was happy yet unhappy that
my home was now worth over 300G.
I found this gem in West Como and have been entirely happy with my decision, and part of that
happiness is because of the Java Train. IYs nice to have people over and go down there for
dessert, coffee, or a sandwich ICs an absolute delight to watch all the people walk by as they
travel there. It's wonderful to hear the kids playing in the caboose.
I was overjoyed to find out they were planning on expanding to a wine/beer/appetizer place.
• How wonderful to have a"Groveland Tap" type place, just a mere block away! That would
improve my neighborhood so much more, to have a destination like that.
I fully support local businesses, enjoy the chance to enjoy some wine without worrying about
driving, and relish the chance to meet my neighbors.
Please support this business in their quest for change, iYl� be a real asset to this neighborhood.
Perhaps, someday, we can be a Iittle more like my beloved SAP, with neighborhood businesses
that keep the business in Como.
Please help St Paul change some of these archaic zoning laws on a business by business basis.
We can be the judge and jury on what we want in our neighborhood.
Thank you for your time,
Melinda Teiken and Dale Anderson
1381 Pascal St N
55108
•
file://C:�Documents and Settings\torstens.STPAUL�I,ocal Settings\Temp�XPgrpwise\460A... 3/29/2007
.I ava 1 raui
YageloYl
Allan Torsfenson - Java Train -
From: "Dale Anderson"
To:
Date: 3/29/2007 8:00 AM
Subject: Java Train
CC:
Mr. Torstenson,
f am writing in support of the Java Train's future bUSiness plans. In my opinion it is a well run and managed
business. I think that it is an asset to our community and has broad support. In speaking with many of my
neighbors i have not heard any negative or unpleasant things about it. I have also asked many people how they
would feel about the Java Train serving beer and wine, again I have heard nothing but positive comments. In a
time where the state and nation are enacting laws to further curtail drunken driving I think it would beneficial for
more communities to have neighborhood businesses that are atlowed limited alcrohot ticenses. tf we look to
Northeast Minneapolis we see that they are peacefully coexisting with neighborhood bars a�d restaurants. If you
have traveled to Milwaukee, Wf you will find many neighborhoods that have small bars and restaurants.
�
I am not concerned that any plans that Steve and Christine might have for their business would be detrimental to
the neighborhood. I believe this because they have invested in a building that was rapidly becoming a eyesore to
the community and rehabilitated it, added a beautiful apartment and business. They have been very open to
discuss their plans and to poll their immediate neighbors about any opposition to their business plans. Yes, 1 am
sure there are concerns by some in the community and I am in favor of open and public discourse to air these
concerns, but I also believe thai if a majority of the community is in favor, then the plans should be able allowed
to go forward. We do have a whole set of laws on the books governing the owning and operation of bars and
restaurants and I would expect that the Java Train will follow fhese and would be subject to enforcement just Iike •
any other business in St Paui and in Minnesota.
If you haven't, please stop by the Java Train any day, evening or weekend and you will see kids who are crawling
to Octogenarians patronizing the business. I always feel a sense of community and have met many neighbors
and people from the community there. I look forward to iYs continuing to be a gathering place in my community.
Thank you for your time and interest in this matter.
Sincerely,
Dale Anderson
Melinda Teiken
1381 Pascal St N.
St Paui, MN 55108
•
file://C:�Documents and Settings\torstens.STPALTL�I,ocal Settings\Temp�grpwise\460B... 3/29/2007
��t-��-�
March 29, 2007
• Allan Torstenson
Zoning Staff
1400 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102
Re: 07-027-041 Firstborne Properties Rezoning from R4 (One-Family
Residential) to 62 (Communify Business) 1337 Pascal St N, SW corner at
Bison Ave
Dear Mr. Torstenson:
I am writing in support of a request for rezoning for the Java Train at 1337
Pascai Street North in Saint Paul.
I and my three children live three blocks from the Java Train. They are the
ages of 18 and 14 and 14. They wa{k to the �ava Train after schooi and
meet with friends. We all stop by there during the weekend or in the
• evening. It is safe and the traffic around is not a great concern. One ot
my children works there and was paid extra to help build the patio on the
north side of the building. Some of his friends aiso worked in creating the
mural that is on the north side of the building. Steven Finnegan, the
owner, has also helped my son learn car repair. This is trufy a community
establishment and I am very proud and satisfied with having this business
in the neighborhood.
This particular neighborhood in Saint Paul is predominantly residential. It is
bounded by Como Park to the east and the State Fair Grounds to the
west. Two signilicanr raii iines cui ii offi on ine soutn. i o ti�e norn, ine
neighborhood continues as residential to the city limits. We have lived
here for 13 years and it's nice to be so conveniently located between
Saint Paul and Minneapolis. I can drive to either city fairly quickly. My one
complaint is that I would like to be able to walk to more establishments.
There is only one restaurant within this quadrant and it would be very nice
to see the Java Train be able to expand its service.
7he Java Train is a wonderful place to patronize. It is all about quality and
community. A playhouse caboose is tucked in a corner. Old candy
dispensers are lined up at the perfect height for smail chiidren. It serves
� I�y's Ice Cream. During the winter it is cozy and warm. The
neighborhood can be found there, visiting either after church or some
Re:07-027-041
March 29, 2007, page 2 •
other midday time. Perhaps its best time is when folks are hanging out
through the cooling hours of a summer evening. This is the kind of place
fhat you wish was in your neighborhood.
When i looked up the agenda for the Zoning Committee, I was surprised
to find that the building is currently zoned as R4. I naturaliy thought that
this property would already have been zoned commercially.
Prior to 1975, this property was zoned commercial. When in 1975, the
zoning was changed to R4, it is my understanding that this property was
��~ i^" cs a!��ral, r;cr�-ccnfor, ��;r�g us�. T"� cu,rar�* °2 z�r�ir�
request that Java Train is seeking, is more restrictive than the original
commerciai zoning in 1975. I understand that the city has, at its discretion,
the ability to add various conditions on this property's use to protect the
neighborhood if it is changed to B2.
I hope that you can do whatever is possible to keep this business
economically viable and serving the neighborhood. All its charm is built
into this specific location. I personally don't want anything bad to
happen to this business, because I have two younger children that I would •
like to see have the same opportunity as their older brother has had. I
would like to continue to have people in this neighborhood be able to
walk to this lovely neighborhood focal point. It seems to me that this is
exacfly the sorf of place Sustainable Saint Paul would want. It is my desire
to have the city change the zoning from R4 to B2. Indeed, this is really
what the property originally was before 1975, it is grandfathered in to be
so now, and by allowing it to become B2, we have the opporfunity to
carefully allow the business to expand its service in a way that best meets
fhe needs of the neighborhood.
Thank you for your consideration.
Sincerely,
Betsy rwein
1403 Albany Ave
Saint Paul, MN 55108
•
��-���
Mazch 29, 2007
• To the St. Paul Planning Commission Zoning Committee:
I am here today to oppose File �07-027-041, the proposed rezoning from R4 to B2 the
property located at 1337 Pascal Street Nortb, currently occupied by the Java Train coffee
shop and'Ihe Fightin� Iris florat shop. This property is located in an exclusively residenriat
neighborhood and I believe it is in the City's best interests to preserve thz residenrial nahue
of this azea.
I understand the business owners are currently pursuing a license to sell beer and wine at theu
locarion at Pascal & Midway Pazkway. I'm not sure if the zoning change is required for them
to operate under such a license or if it is being pursued by the owners to increase the long-
tenn resale valae of their properry.
I do know that while I love the Java Train and Fighting Iris and deeply respect most of the
creative things the owners have done with this properry, I do not support the expansion of
their business in this direction, nor do I believe this property should be zoned B2 community
business. I have been in touch with other neighbors who live, as I do, within one block of this
property, and all aze opposed to both the license change and the zoning change.
Here are some of my concems:
• This business is the ONLY business in a completely residential neighborhood. I have
lived at 1361 Simpson Street for 20 years and in that time, the businesses at Hoyt &
• Haruline, and the businesses along Como near Snelling have been the closest commercial
enriries, and they have been part of the fabric of the neighborhood nearly since it's been a
neighborhood.
The 7ava Train intends to expand the'u seating capacity, increase their menu offerings and
add wine and beer to the menu. From a zoning aspect this creates a problem because
there is already no off-sireet pazking for this business (a zoning waiver of some ldnd was
granted for them to operate that way now). With the ebb and flow and relarively short
stays people make when visiting a coffee shop, this situation has not created too many
problems, and most neighbors agee it is a lovely thing to have a coffee shop in the
neighborhood.
Expanding their seating capacity will undoubtediy increase traffic and use of residenrial
streets for commerciai pazking. Expanding their hours will increase the amount of time
throughout the day that non-neighborhood traffic is coming and going. If the alcohol
license is granted, it stands to reason that this expansion will also lead to additionat daily
noise beyond that of this historic St. Paul neighborhood.
• It should be noted that Java Train has a large outdoor pario. The appeai to customers of
coming and spending their summer evenings enjoying theu wine and beer oufside is
legitimate. The hope that the Java Train would sell their alcoholic beverages responsibly
and monitor the noise level at any given tune is sincere, yet unrealistic.
When people have asked me over the years how I can stand putting up with the State Fair
� every year, my answer is, "I can tolerate 12 days of noise, traffiq and drunken people
trying to find their cazs at night because we have such a wonderfully quiet neighborhood
the other 353 days of the year." Having the p6tentiaI for a nigfitly sumiuer parly on the
next block, with tha sounds of a dozen or more people enjoying the Java Train patio, •
followed by the sovnds of car doors openittg and closing tluoughout the evening and
especially at their proposed I 1 p.m. or latei closing time, is unacceptable for a residential
azea.
• Changing the zoning also opens to the door to a wide array of other businesses that could
occupy this properry in the future. Once it is rezoned, there will be little the neighbors can
do to prevent uses that do not fit as well with the fabric of the neighborhood.
The current owners seem sincerely interested in serving their cunent clientele, many of
whom live in the aze.� but they would need to draw people from outside the
neighborhood to support an expansion. While the owners shive to be "family-friendly"
there is no guazantee that a future owner would hold the same values.
This is not an urban renewal issue. This is not a neighborhood that needs revival or new
businesses to tum it around. There is no economic gain for fhe neighborhood
whatsoever in this proposal. The only economic gain is for the business owners. In fact,
the neighbors risk a loss because of the potentsat daznage to their property values from
theu proximity to an establishment that could completely change the afmosphere of the
neighborhood, especially throughout the sumnier months.
I have been a huge supporter of the Java Train. f ask my friends from outside the
neighborhood to meet me there because I love to support independent business owners. BuY I
do not support their quest for the'u business expansion and I do not in any way believe it
would be prudent for our city leadership to grant ttus zoning change. I believe our elected •
officials have as much an obligarion to individuai hameowners and neighborhood dwellers as
they do any given business entity.
St. Paul is a unique city. It faces many of the same problems that other lazge urban cities face,
but it is also unique in how so many of St. Paul's fabulous neighborhoods have retained their
chazacter — and their property values — over tfie yeazs. We have neighborhoods with their own
unique identities, and tha Como azea of St. Paul is one of those rare gems. There aze plenty of
places tluoughout the city where bnsiness owners can find commerciai space to pursue the
business of their choice, and there aze numerous places we can go for food, coffee, wine or
beer. But wonderful neighborhoods that aze truly neighborhoods, where crime is low and
people aze still friendly, aze a rare find.
I appreciate your careful consideration and hope you wi71 see fit to deny this requested zoning
change to help preserve what this azea is and has always been: a residential neighborhood.
Thank you.
Iv'ancy Zugschwert
1361 Simpson Street
St. Paul, MN 55108
Bizmail l (c�.msn. com
�
, �s�zar�uui) qiian 1 orstenson - Re: 9282602024.DOC —' - ' "- -- -
_ ..._ _
_ _... . _ _ . __ .. _. __ ._ __ . _ ._._age 1 ,
O��"l� r
.
From:
To:
Date:
Subject:
<CH RISTOPH ER.EMI L.N ELSON@spps.org>
"Allan Torstenson" <AIIan.Torstenson@ci.stpaul.mn.us>
3/28/2007 10:14 PM
Re: 9282602024.DOC
�
Mr. Torstenson,
My name is Christopher Nelson, and I live at 1368 Simpson St., which is
within sight of The Java Train and Fighting Iris.
The opening of this coffee shop/flower shop has been very +mportant to the
welfare of this neighborhood. It has enabled the
community to build "social capitai;" which means people have a place to
gather, discuss topics and get to know each other.
These types of activities, when fostered and supported, have proven to
reduce crime. (Ys wonderful to see such a variety
of people gathering at The Java Train. I've witnessed families with
children, young people (some of my own teenagers frequent
there regulariy), older folks enjoying a good conversation over a cup of
coffee. What a wondertul asset to our neighborhood!
I know that the Fighting Iris has been very accomodating to residents here.
They offer a nice variety of goods, including a
service to prospective married couples. I order flowers every so often
because iYs ciose, reasonable and has great service.
Recently, my wife observed one of the employees WALKING to my house with my
order! So they are doing their part to reduce
automobile emissions as well!
In conclusion, I believe that these two establishments add much to the
quality of life in my neighborhood. If they are seeking
a change in zoning to allow them to expand the range of services they could
offer, I would support it compietely. A liquor license
would be a fine addition, as I can see many people enjoying the outdoor
patio on a warm summer evening. Again, what an asset!
Truly something to be grateful for; I'll bet it might even raise property
values! I have no proof, of course, but it doesn't hurt
to dream!
Best,
Christopher Nelson
1368 Simpson St.
St. Paul, MN 55108
651-644-5821
•
��3/2912007) Nian Torstenson - File# 07-027-04 Page 1.
From: <Michael.Waite@fallon.com>
To: <allan.forstenson@ci.stpaul.mn.us>
Date: 3/29/2007 2:12 PM
Subject: Fife# 07-027-04i
�
File# 07-027-041
Purpose: Rezoning from R4 (One Family Residential) to B2 (Community
Business)
Property Address: 1337 Pascal St. M, SW corner at Bison Ave.
File Name: Firstborne Properties
Hearing Date: Thursday March 29 2007 at 330 pm
Dear Alian Torstenson:
I live at 1354 Simpson Street which is right behind 1337 Pascal and is very
much exposed to the patio area of the Java Train.
While we welcome the coffee shop and the flower shop to our neighborhood,
we do have some concerns about them rezoning to community business.
First of all is the effect it may have on our property value. Getting the
parcel at 1337 Pascal rezoned to Community Business makes it possible for
them to sell the land to another party and leaves us exposed to any number
of undesirable businesses occupying that space and devaluing our
neighborhood. This is our biggest concem.
Second, is the concern that the nature of the neighborhood will change for
the worse if the coffee shop evolves into a restaurant. We like our
peaceful, quiet neighborhood, and are worried about noise and tra�c
everyday of the week unfil 11pm. (t used fo be, before the coffee shop
came, so dark and quiet in our neighborhood that it was like being out in
the country in many ways. While we love the coffee shop, we want to enjoy
quiet peaceful nights while we can. After all we do already put up with the
State Fair. It doesn't seem like the right idea to wedge a commerciaf
property in the midst of our quiet houses. Is there any way to make this
commercial license non-transferrable so that only this owner may have it in
only the form of a coffee shop?
This is a difficult issue for us. We value what the two shops have brought
to our neighborhood, but we don't want to be taken over everyday of the
year the way the State Fair does already. I think that it would be great if
the baked goods were made in house and if they could offer lunches and or
Iight dinners, but what recourse do we have for trash, noise and parking?
what can we do if they sel! and the property becomes a bar or a liquor
store?
We hope that the coffee shop will be successful, but we don't want it to be
at the expense of our property values and our peaceful neighborhood.
thank you,
michaef waite
1354 simpson street
st. paul mn 55108
.
r�
L J
ra�c i �i i
Allan Torstenson - Java Train
V L � ���
• From: "Megan Hafner"
To:
Date: 3/29/2007 1:46 PM
Subject: Java Train
Mr. Torstenson,
This email foilows our telephone conversation today concerningthe rezoning of Java Train off
Midway Parkway in St. Paul. My family lives within walking distance of Java Train and we
usually walk there twice a week.
There are very few neighborhood places to visit in our area.
The neighborhood has one or two other cofFee shops, but no smali restaurants. I know I am
not alone in wanting a nice restaurant in the neighborhood - when my family goes out to
dinner, we choose to drive to St. Paul or Minneapolis, not to Rosedale and the Appleby's/Chili's
restaurants.
If Java Train we're allowed to rezone, it would create a better neighborhood in a number of
ways. I believe it would give us more of a"neighborhood" fee� by giving residents a place to
meet and recognize people who live in the area (especiaily when we are trapped inside during
the winter months). Most importantly, it would be really nice (and more convenient) to have
a non-chain, neighborhood restaurant c(ose to home.
• If there is anything more I can do to support the rezoning of Java Train, PLEASE let me
know. Thank you for taking the time to discuss this matter with me today. -Megan Hafner.
*****�*�***�********�*****��***��****�******���*���*�*******�********
This message contains confidential information intended
for use by the named addressee(s) and may contain
proprietary and/or legally privileged information. If you are
not the designated recipient, you may not read, copy,
distribute or retain this message. If you received this
message in error, please notify the sender by reply e-mail,
and destroy and delete it from your system. Thank you.
************************�*******************************************
�
file://C:�Documents and Settings\torstens.STPAIJL�L,ocal Settings\Temp�YPgrpwise\460B... 3/29/2007
Page 1 of 1
Allan Torstenson - Java Train
From: "Scott Hafner at Door Sign, LLC"
To:
Date: 3/29/2007 12:42 PM
Subject: 7ava Train
Allan,
I'm writing about the upcoming (hopefully its upcoming and I'm not too late) rezoning decision for Java Train in
St. Paul. As I understand it they are having trouble getting rezoned to expand their business to include a
restaurant and possibly a liquor license. As a resident in the neighborhood I would appreciate them being allowed
to rezone the property and expand their business. Smalf businesses fike this are the backbone of a strong
community and greatly improve quality of life. Moreover, our neighborhood desperately needs a restaurant. We
need a nice neighborhood restaurant like Java Train is proposing. Thank you for your time.
Thank you,
Scott Hafner
Door Sign, LLC
877-653-3665
651-653-3665
Fax 651-653-3575
S cott@ Doo rS ig n LLC. co m
DoorSignLLC.com
•
NAR surveyed 90,000 home buyers and found that 79 % of home buyers listed signs as one of •
their largest sources of information. Your signs are very important!
�
file://C:�Documents and Settings\torstens.STPALTL�I,ocal Settings\Temp�grpwise\460B... 3/29/2007
��3l2'312007) Allan Torstenson Java Trsin zoning ���'� ��'""""�"� � � � `��� � �Pa�ge 1 �
D t���
From:
• To:
Date:
Subject:
Chris Havens <cmhavens@mac.com>
<allan.torstenson @ci.stpaul.mn.us>
3/29/2007 827 AM
Java Train zoning
Dear Mr. Torstenson,
My family and i would like express our support for the Java Train's rezoning proposal. We live about three
blocks away and go there nearly every day. Steve and Christine have put tremendous work into rehabbing
the building and improving the landscape. Our children enjoy going there, and it's evident other families in
the neighborhood and beyond find the Java Train to be a great meeting place. IYs a great amenity for our
neighborhood, and it would be even better if it's allowed to grow as a business. Steve and Christine have
made tasteful, thoughtfui enhancements thus far, and we would expect the same in the future.
If, at some point, it were to serve food and wine, the Java Train would be a draw to a neighborhood that
lacks a broad choice in restaurants and drinkirtg estab(ishments. We would much prefer to wa(k to an
independent business and spend our money there than to have to drive to Roseville, where most of the
restaurants are chains. I'd think the city of St. Paul would prefer our money being spent in the city limits,
as well.
Thank you for your time and consideration.
Chris and Misty Havens
•
•
� 3/27/2007 Allan Torstenson - In sup ort of Java Train's bid for re-zoning to 62 commercial license . I'age 1
From: _ "Josh Courteau" <ipsophafso@gmail.com>
To: <allan3orstenson@ci.stpaul.mn.us> . �
Date: 3/26/2007 821 PM
Subject: In support of Java Train's bid for re-zoning to B2 commercial license..
My name is Josh Courteau. 1 am a nearby'resident to the Java Train.
I am in favor of their re-zoning bid.
Thanks!
Josh
1445 Frankson Ave.
Stp.55108
•
•
Yage 1 oi 1
Allan Torstenson - In support of Java Train's bid for re-zoning to B2 commercial license ��'S�' I
. From: "sara courteau"
To:
Date: 3/28/2007 6:49 AM _
Subject: In support of Java Train's bid for re-zoning to B2 commercial license
I will not be able to be at the hearing on Thursday, however, my name is Saza Courteau. I am a nearby
resident to the Java Train and I am in favor of their re-zoning bid.
Thanks!
Sara Courteau
1445 Frankson Ave.
Saint Paul, NIN 55108
�
.
file:/fC:�Documents and Settings\torstens.STPAUL�L,ocal Settings\Temp�YPgrpwise\460A... 3/29/2007
��3%26/2007 Allan Torsienson - Java Train Beer and 1Nine License '—�� � �� � Pa�e 1�
From: <tdarrow@sprint.blackberry.net>
To: <allan.torstenson@cistpaul.mn.us> •
Date: ' 3l25/2007 1028 AM
Subject: Java Train Beer and Wine License .
CC: "AndyPalmer"<napalml@gmaiLwm>,
Hi Allan,
I wanted to write you a note that as a neighborhood residenf I feel having the Java Train acquire a beer
and wine license would make a unique contribution to our neighborhood. I would support your decision in
granting the Java Train the ability to serve wine and beer.
If you have any questions please feel free to contact me at 651-271-4743.
Thank you,
Tom Darrow
1399 Albert St., St. Paul, MN 55108
Sent from my BlackBerryO wireless device
•
•
� 3/29/2007 Allan Torstenson - JAVA TR,41N / EXPANSION PLANS SUPPORT �� �—� Pa e 1�
� � _. .._ . __ � - - - - ---- - 9 �
o�- y��
.
•
From: "D. Duccini" <duccini@backpack.com>
To: <alian.torstenson@ci.stpaul.mn.us>
Date: 3/29/2007 831 AM
Subject: JAVA TRAIN / EXPANSION PLANS SUPPORT
Mr. Torstenson-
I am writing today to lend support to the expansion o4 the Zoning for the
Java Train Coffee house.
As the owner of a St. Paul based business, I recognize the partnership and
value that small businesses like Java Train bring to our city.
Please consider my endorsement a vote of confidence in their expansion
endeavors.
Sincerely,
David V Duccini
CEO
BackPack Software, Inc.
david@backpack.com BackPack Software, Inc. www.backpack.com
+� 651.645.7550 voice "Life is an Adventure.
+1 651.645.9798 fax Don't forget your BackPack!"
•
ra�eiuLi
.� � •� �� �� �•
From:
To:
Date:
Subject:
Sheila Garcia
3/27l2007 12:42 PM
Rezoning Issue
u
I am writing to voice my support for rezoning of the 7ava Train site in St. Paul, for expansion. As a
regutar customer who lives in this neighborhood, I am fully aware of the advantages to this
neighborhood if rezoning is allowed.
Sheila Gatcia
1373 Simpson St.
St. Paul, MN 55108
8:00? 8:25? 8:40? Find a flick in no time
with theY ahoo! Search movie s shortcu
r 1
L_J
•
file://C:�Documents and Settings\torstens.STPALTL�I,ocai Settings\Temp�XPgrpwise\4609... 3/27/2007
` 3/27/2007 �Allan Torstenson - Java Train ^ Page 1'�
�....
U���J��
From: Lori Klongtruatroke <lori@micronosphere.com>
• To: <allan.torstenson@ci.stpaul.mn.us>
Date: 3/27/2007 10:48 AM
Subject: Java Train
Hello,
1 am a neighbor of both the Java Train and the State Fair. My family
and I want to show our complete support for the Java Train and we would
like to see them have the ability to have a wine bar. Please make our
support noted - we are available in any way to help this pass, if it
should be needed.
Thank you for your time,
Lori Klongtruatroke
1340 Arona
651.646.4611
�
•
Page 1 of 1
At(an Torsfenson - Java Train Hearing
From:
70: .' -
Date: 3l29/2007 8:49 AM
Subject: Java Train Hearing
We support Mr. and Mrs. Finnegan's application for a wine and beer license for their establishment. We are
members of Holy Childhood Parish,a stones throw from the Java Train, and are regular customers of the
coffee shop and gift shop. We think the license wiii enable the business to continue. tt has been a vast
improvement in the neighborhood and we believe will continue to be a responsible tax paying entity. Please
approve their request.
Ed and Beth Wollerman
2420 Arona Street
Saint Paul, Minnesota 55113 .
651-631-1695
See whaCs free at AO L.com .
�
u
•
&le:!/C:�Documents and Settings\torstens.STPAIJL�I,ocal SettingslTempl�'grpwise\460B... 3/29/2007
Yage 1 oT 1
Allan Torstenson - support for Java Train
V � �'l ��
, From:
To:
Date: 3/27/2007 8:17 AM
Subject: support for 7ava Train
I am in favor of Java train being able to expand their seating, broaden menu, and serve wine and beer. I live in
the neighborhood and believe this coffee house is an asset which, if allowed to broaden its scope, could become
a greater asset.
r1
U
•
file://C:�Documents and Settings\torstens.STPAUL�I,ocal Settings\Temp�XPgrpwise\4608... 3/27/2007
RECEIVED
MAR 2 3 2Q07
• William Sylvester v ( ����
'1463 Midwzy Pkwy
St. Paul, MN 55108
(657 )64&08'12
Direct line 651.649.0812
March 23. 2007
Zoning Committee
City of Saint Paul
Planning and Economic Development
1400 City Hall Annex
25 West Fourth Street
St. Paul, MN 55102-1634
Re: Java Train expansion - concern for the community and major personal finical loss.
Dear Sirs,
Enclosed pleases find the following:
1) A personal position statement outlining the finical impact to me and the
surrounding community.
• 2) A copy of an E-mail written by the owners of the Java Train to their
supporters describing their plans.
3) Copies of all the written comments made by neighbors to the District 10
Community Council regarding part of this issue. Please take note of several
aspects; the opposition tend to live close to the Java Train while the
supporters come from everywhere some a mile away, that the HHFI Job Core
cailed to register objection, and opposition uses stronger and more
expressive language voicing their concerns.
4) This letter.
I hope this information is useful to you. This issue is very important to us.
Sincerely
G%�?'d `
William vester
�
LJ
William Sylvester
Zoning Committee
City of Saint Paul
Planning and Economic Development
1400 City Hall Mnex
25 West Fourth Street
St. Paul, MN 55102-1634
�
1463 Midway Pkwy _
St. Paul, MN 55�08
(657 �4&0812
Direct Iine 651.649.0812
March 23, 2007
Re: Java Train expansion - concern for the community and major personal finical Ioss.
Dear Sirs,
I own the property immediately south of the building co�taining the Java Train. They do business less
than eighteen inches from the property line. So any decision you make will have an enormous impact on
the vafue of my home which is also my major asset. I strongly feel that if this business in not contained
and is allowed to serve alcohol until early morning hours, my home's property value will drop dramatically.
I have not consulted professional assessor but a rough figure of $30,000 to $50,000 or even more seems
reasonable to me. I haven't found anyone who would want to live next to this business as purposed not � •
even the Java Train's owners. The whole purpose of zoning is to prevent this kind of thing from
happening.
Two years ago the owners of the Java Train asked for zoning/ianduse concessions to create a smalf
neighborhood coffee shop. The neighborhood was almost universally supportive. The only objection was
10 PM closing time. That was changed to 9 PM and it seemed that we had something that worked for
everyone.
Recentiy they made a proposal that radically alters that agreement. The new proposal is outlined in the
enclosed e-mail they sent to their suppoRers, it will double the seating, extend the hours from 9 PM to
after midnight and serve wine and beer with mini pizzas and other token food. This cute little coffee shop
will no longer an asset to the community, but a liability, posing significant inconveniences and some
serious risks. Not in the email is that in addition to the 400 square feet they intend to use immediately
they have another 400 square feet that could become available and I believe used without additional
zoning changes. So instead of doubling the seating they could triple it and of course triple the negative
impact on me and rest of the community.
Parking. Currently we have a manageable parking situation most of the time. A few cars park along my
property on a daily basis, but mostly just during the day. Doubling the seating will change this from a
chronic problem to a near catastrophic one. They will constantly deny me the convenience of on street
parking near my home. If they expand into the rest of the building this will become unimaginable.
Noise. Some neighbors have expressed concerns about noise in the evening. One side-yard and a half
dozen backyards over look the patio. By extending hours to beyond midnight and the addition of alcolioi
this nuisance will become a major irritant and source of complaint.
Traffic. For the most part Pascal is a quiet residential street. A few years ago thanks in parf to our small •
area plan we were able to move the city buses to Snelling Avenue. Now there are often as many
o�-�'�
skateboarders and rollerbladers on Pascal as automobiles. This new plan will not only at minimum
� double the number s but rely more on peopie from outside the area more than the walk up traffic
generated by nearby neighborhood residents. When they give up on the flower shop all together they will
be able to increase the capacity of the restaurant by another 25 seats without zoning changes.
Vandalism. We are extremely fortunate that crime in our area is a rare event. Since the Java Train has
opened a small increase in property crime has been occurred. During the fair we experience occasional
property crime. I associate this with late night drinkers coming from the fair. We hear blusterous verbal
exchanges, then glass braking and then we find a car with a broken window. W ith the addition of alcohol
and late night hour to the Java Train business plan, crime has become a more significant concern.
No reasonable buffer. One concern of good urban planning is creating transition between areas of
different functions in this case between residential and commercial. While in the suburban model this is
done with land and landscaping even in planned unit developments utilize visual and psychological
barriers to perform the same function. Right now the cultural barriers, which keep people from walking
around in other people's backyard or parking in someone else's driveway, are gone here. So, I am
occasionally confronted by a person wandering around my backyard on a ceil or as many as two cars
parking on my parking pad well inside my yard. When zoning changes are being requested, the
landowners that benefit from the changes should be required to mitigate these kinds of problems. Failing
that any idea that would solve this problem should be seriously considered before zoning changes are
granted.
Sincerely
G L/�G'L
William Sylvest�
•
r �
L_J
�
Subject: Re: Java, Wine & Beer Train
From: "Bart Mackey" <barmack@net-link.net>
Date: Tue, 23 Jan 2007 21:35:54 -0600 .
To: °NANCY ZUGSCHWERT" <nancyzee8@msn.com>, <thorkelinski@msn.com>,
<mostrumii@msn.com>, <thehubbie@aol.com>, <gwiliiwaite@earthlink.nefi>,
<zimmee66@comcast.net>, <hennend@archspm.org>,
<peppersroom@earthlink.net>, <ster0098@umn.edu>;:
<noreenostrum@aol.com>; <kevincarlisle@usfamily.net>,
<marykay.lynch@spps.org>, <Igostrow@hotmaii.com>,
<jamesmlau@msn.com>, <mille014@umn.edu>, Suzanne L Wisniewski
<wood0211@tc.umn.edu>, <cardon001@msn.com>
I thought I'd forward this to you all.
Subject: Java Train Coffee House - Update!
Java Train Update
We have been approached by many people asking about our plans for the Java Train. We aze sending a
quick note out to those who have provided us with your email address: Please forwazd this onto any
of your neighbors that might be interested.
The first change that we would like to do is to expand the Java Train into the Fighting Iris space. We
are looking to take about 400 sq ft from the Fighting Iris and allocate that for addifional seating for the
Java Train. This would give the Java Train approximately 20-25 more seats and provide an azea for
customers who don't appreciate the noise of happy, playful chiidren. This wiil not change the •
products or services offered by Fighting Iris:
The second change we aze looking to do is upgrade our restaurant license. We currently do little to no
food preparation and we would like broaden or food menu. We would like to bake some of our
pastries as well as offer hot entrees items, like panini sandwiches, and expand our selection of soups.
The third change is to add bottled beer and wine to our menu. The current trend in coffee shops is to
offer beer and wine in addition to the standard coffee drinks. Coffee sales aze very siow after Spm and
many coffee shops c(ose earIy due to this. We would like to offer a place where families and friends
could meet later in the evening. We currently offer ice cream which has helped with our evening
sales but the addition of bottled beer and wine would give us the additional choices and revenue to
justify staying open later in the evening. There are many coffee shops in the Minneapolis/St. Paul azea
that have combined coffee shop ahnosphere with a wine bar menu. The Wi1de Roast (Central &
Hennepin) is a coffee shop that has successfully made this transition. Although they are more focused
towazd urban professionals, we plan to stay family focused.
There are many steps Java Train needs complete now. Our first and primary focus is to upgrade our
restaurant license so tfiat we can expand on food offerings and increase the number of seats to
facilitate our expanding customer base. However, this requires us to go back to zoning and will
require neighborhood support and take approximately 60 days to complete. After we have
successfully completed these two goals we will then begin our quest for bottle beer and wine. .
We invite anyone with questions or concems to reply back or give us a call and we will do our best to
2/9/2007 7:42 PM
.J6Y �ua� �.v� ��u���
•
•
n
U
answer your questions.
Thank you for your time and continued support.
ChListine and Steve Finnegan
Christine's Cell Phone: 612.8273188
Steve's Cell Phone: 612.868.9515
0� -�r��
'2 2/9/2007 7:42 PM
From: Lori Klongtruatroke
Subject: Support for Java Train
Date: December 19, 2006 4:28:41 PM CST
To: districtl0@comopark.org
Reply-To: lori @ mictonosphere.com
Helto -
I would like to show my support for Java Train in order to allow sates of wine. Please feel free to
let me know if there is anything else we can do....
Lori Klongtruatroke
1340 Arona St
St. Paul, MN 55108
651.646.4611
IL//��ob
� � �( � G� — ���
� � �° � �-/
��- ,e�� �-- �-��-
r 1
LJ
�
•
6�-��-�
From: "Barb and Rick" <
� Subject: Java Train beer and wine
Date: December 19, 2006 4:18:47 PM CST
To: <districtl0@comopark.org>
We iive just north of the Java Train. We are adament in our opposition to the addition of beer and
wine at the Java Train. More important than the proximity to the U of M campus would seem to be the
fact that it is directly across the street from a grade school. The foot traffic past our house has
increased markedly since the opening of the Java Train. This has not been a problem, but as the
operators of a day care facility, the addition of having people walk past who have been sitting on an
outdoor patio drinking beer and or wine seems quite problematic. We would no longer live in
proximity to a coffee shop, but to a bar. Indeed, even if we didn't operate a day care this is a bad
prospect. When the Java Train opened we were told their need for on street parking wouldn't affect
us, however every day their customers park adjacent to our house. Again, the addition of beer and
wine can onty be a negative and in fact now that a vehicle is involved, the threat to the
neighborhood would be highly increased. The Java Train has been an asset to the neighborhood. My
only complaint with them thus far has been that every time I walk out my door I am confronted with
the grotesque graffiti that they had painted on the side of their buitding.
Rick and Barbara Sullivan
•
r 1
L J
From: "Christine Rozek" <Ch[istine.Rozek@ci.stpaul.mn.us>
Suhjecf: Re: heer/wine license .
Date: December 15, 2006 12:56:16 PM CST
To: "Allan Torstenson" <Allan.Torstenson@ci.stpaul.mn.us>, "Patricia James"
<Patricia.James@ci.stpaul.mn.us>, "Sue McCall" <Districtl0@ComoPark.org>
Wine/beer licenses do not have any restrictions refated to churches or schools. The license goes with this partrcular owner,
not the property.The potential licensee is required to go through the regular application process, including neighborhood
notification. Licenses are not transferable. It is very mmmon to put restrictions on a license, although our ordinance
requires that the restridions be reasonable. I think that hours of operation would have to be negotiated with the licensee,
since state statute allows wine to be sold until 1:00 AM(or 2AM if a special permit is obtained.) Wine and beer are menu
items only and must be sold irr conjunction with food.
»> Patricia James 12/15/2006 12:04 PM »>
Sue,
I am fairly ignorant about license details myself. I know they are not the same as zoning permits and are about more than
land use. I think each new ownerJoperator must get a new license. I also know a license can limit hours of operation and
can put other restrictions on, but thaYs about it. �So I am copying Christlne Rozek, who is the head of licensing in LIEP.
She can fill you in more fully I am sure. �
Patricia
»> Sue McCall <Districtl0@ComoPark.org> 12/15/2006 11:39 AM »>
Hi Patricia, Allan, am tagging both of you because I've never deait
with a beer/ wine app. and am dueless. ]ava Train may apply if they
get the no booze 1/2 mile from UM campus- land use committee has a
few questions:
can conditions be attached to license ex operating hours
proximity to schooi or church a problem?
license attached to business or owner? transferable?
If you've got anything to share I'd certain;y appreciate it-
thanks, Sue
Sue McCall
District SO Como Community Council
Districtl0@Como Pa rk. org
.
•
��-�
Frcm: Jim Justen �
� bject: Java train--emphatic objection from neighbor!
Date: December 15, 2006 1:2024 PM CST
To: districil0@comopark.org
Dear Sue:
Hetlo, and thank you very much for the heads-up on the Wine/Beer application by Java Train.
We cannot attend the meeting due to the approaching holiday--in fact, I think the 19th is an awkward
date to schedule such a thing because neighborhood residents are preoccupied with all that the
holidays bring.
But we want to at least voice our objection in some form.
I don't think we quite know what to say--we're a little flabbergasted that this is even being
considered.
We've already had some noise issues with their patio, and I can only imagine that woutd be
exacerbated by wine and beer or later hours.
We do patronize them periodically, and no mention whatsoever of the license application has been made
to us.
We, and most of our neighbors appreciated the idea of a COFFEE shop.
� slowly but surely its evolving towards a bigger, busier establishment. Music, beer, wine,
o...What else? I really don't think this is what the residents thought they were getting into.
Zt seems a bit like they have not been completety forthcoming with the neighborhood about their long
term plans. What sort of establishment is it that they are aiming for? For one thing, they serve a
minimal amount of food...we all know what drinking on an empty stomach can do!
We really don't want to come across as prudes, and the alchohol is not the core of our objection per
se.
Since the patio was not fully open until recently, waiting to see how that works out this summer with
noise and open windows and music before new problems are created.
How do we know if they will prove responsible neighbors? Their "stealth" expansions (nat to mention
the dubious mural� haven't won them a tot of friends in our immediate area of late.
Perhaps we should contact Mr. Benanav's office as well?
Again, thank you for the chance to respond to this.
regards
Jim Justen
Martha Swanson
1362 Simpson St.
St. Paul, MN 55108
•
t � - � . ' _ . , - . - -
From: "NANCYZUGSCHWERT"
Sub}ect: Java Train consjdering beer & wine sales _ ''" •
Date:_ December 18, 2006 9:30:10 PM CST
To: <districtlOC�comopark.org>, <ward4@cistpaul.mn.us> _
I live at 1361 Simpson Street, one block from the Java Train. The Java Train is my favorite coffee shop
and I not only meet people there myseff, but recommend it whenever I can. I think it is a wonderful
addition to the neighborhood.
While I empathize with the owners' desire to make their b�ness profitable; I have serious reservations if
their strategy to do so includes wine and beer sales. "
Unfortunately, I am unab�e to attend the District 10 meeting on Tuesday night. Please know that I stand "
at the moment on record as being very concerned about adding beer and wine to the menu. There are
many questions that would need to be answered before I would support this.
Could you please tell me how I can follow up to know what transpires at the discussion Tuesday night?
Also, what will the process be if the license is pursued, and wiil there be additional opportunities to voice
our thoughts on this issue?
Thank you for your consideration and interest in working with neighbors and business owners to make
the best decision.
Sincerely,
Nancy Zugschwert •
1361 Simpson Street
•
Fram: john thompson
� bject: java train
Date: December 18, 2006 2:07:22 PM CST
To: districtlOC�comopark.org
District 10: Appreciate efforts to inform area on
coffee shop expansion. I would like to notify you that
I om opposed to pny tiquor soles at the coffee shop,
unfortunately am leaving town Tuesday morning and
can't be at the meeting. Right now parking,`is
inadequate and increosed business might "tip" the
balance we have in the neighborhood especially with
alkl the other things we have going on. I'm not anti-
simply feel the positives are outweighed by the
negative.
We have visited your website and see you will also be
talking obout horse stabling at como pnrk. I read the
article in the paper and I support this as a solid
salution to the tack of safety at the park, my wtife
and I have felt more and more concerned about
loitering over there. We vrould not want to see this
in the main area of the park but think there are other
parts it vrould be good for. John Thompson
r �
L_.J
Do You Yahoo!?
Tired of spam? Yahoo!
http://mail.yahoo.com
Mail has the best spam protection around
�� ���
•
c.o�i�:
Su�;sct: Java Train request to see( beedwine
Ca#s: December 15, 2006 9:25:41 PM CST
To: districtl0@comopark.org
To whom it may concern,
As I cannot attend the meeting to discuss this subject, t wish to express my co�cerns as a resideni over Java Train's
request for a waiver to sell beer and wine at their coffee shop.
My first concern is the fact that residentiai parking in this area is very dicey at best, namely with the location of a Catholic
church and school, as well periodic events such as the Hmong Festival at Como Park and the Minnesota State Fair that
occur in the area. For many of us on-street parking is very important, and these events can make it very difficult, rf not
impossibfe, sometimes to be able to park and enjoy the quiet of one's very home. The addition of an establishment
selling aicohoi, which would likely bring increased traffic to the neighborhood, threatens to strain this even further. Java
Train (which shares a building with a flowershop and are the only businesses in this neighborhood) either would need to
have iYs own parking lot to realistically accommodate its customers or nn-street parking would be taken up as a result.
Needless to say this would be a severe inconvenience for residents in the surrounding area. Add the church, the school,
and various events at both Como Par1c and the Fairgrounds to this and you'll find even more traffic than normal.
A second, more important, concern concerns the possibility of increasing vandalism or reckless behavior from potential
customers who may become impaired from drinking at Java Train. Anytime you have drinking, you develop impaired
judgment as a result. Much of the current clientele at Java Train are young students, who are more likely to display such
lapses in judgment. Also, you have a Catholic school right across the street!!! It just seems to be a bad location for an
establishment to sell liquor.
These are issues that need fo be addressed before any action is taken on this matter, and I sincerely hope that you will
give them the due consideration that they deserve.
Thank you for your time and cooperation.
Sincerely,
Hazen B. Markoe
1463 Midwsy Parkway
St. Paul, MN 55108
�
r1
LJ
' 1
�J
V �/���
•
December 19, 2�06
To: Fellow Como Neighborhood residents
Re: We support the opening of a wine bar with the Java Train and Fighfing Iris
We apologize for being unable to make the meeting in person tonight, but we
wanted to voice our support for a wine bar in our neighborhood.
The businesses above aze fanuly oriented, well kept, and a joy to have in the
neighborhood—we anticipate the same high quality and stewardship in the proposed
wine baz.
They have our support to open to open a wine bar and we look forward to dining
•
tkere often.
Please feel free to contact us with any questions.
Sincerely your new neighbors,
�_� ' " "�
�
Andy and Kristin Palmer
1431 Frankson Ave
651-646-9412
!,'��; �� `�' .
✓ `,,
' � G �,� 1J✓
����
������
ti"� '
�� �
��
u
�ram:
SubjecF: java train:wine
Daie: December 18, 2006 1:53:38 PM CST
i o: districtl0@comopark.org
I fully support Java Train being abie ro serve wine. A nice little restaurant would be a godsend to the neighborhood.
Susan Springmire
1481 N Hamline Ave
.
•
•
;' If: �
.��.��
sa "' r
�: u
-e . c
_ �
z�:
° n�
I;
I
(' i✓/�
� ..
'_ -
�..
i C
'�
v; ��
��L� _
, r'� � ' �3
( �
e �
��. �ip�. � ��4.�
- - ��)�
� , �
��
� z•� —
� �>' � a �
. � �
-, . . . Nu.�. . . . ..
, 'c's
I � 11
,��:i a���L` ' ; �i���
` � ������� s�� r������
f ��'�����,, `t'E�� �`.
■d0' �a� ` ` � : -'��35�
��`��� � x� _ �_ � l -i
�
' .Mn..e .r� \a
s �' .a�:b.%`.� �
! _ \ F
`_' ���
C 'Q'i`e
� �a�
-.,- ,,, '`- � �>:
� \- \.,.'._\ \C
` `l�
_ i . .� � �
�' ,
- �: ..
I .\
� I ' : �_
�
„ ulV;�iili���
� !�iiif�, ;�
:�, � � };e�� Ss'a a: o s x)�� i!1 �9� t . T,G�r � r sn �i �
� �p,-`� f '`"i- > � a ��. A� 'a�Y'J!'7 /° '� ° �: . �� �
" � ,r ' . � ���1E �+ 5'� '
, . � F y,�.''° 5' 7 I ° � ur� � � ! • .r
e� �i �d�n: ���l� %�i .�j: f.d�������.i 3 � e� �.5'S� k — ._
p�'S '2 d � �� � / 11� ����i`��R ) s�t�a' ��l .
.��>;�� Fw �j` e °� •-������., s1���3.a, tr� �,� ��iitr r 'c��d _ ._
� � � � � _
, J � ' .; e ' �,j,i ��y11/�.:,� H a��� � _� 1 � , '....'�' - ���
�`, : / � � � a9i��
� �
��P! . ��. . � - � . .
-� .
. t I � �. � . ., �. � r. � . � .
\ ` '
�.` , l4 )�n""i . . .
h —
R
� k �- �� ' _ �rG���ro �r � Il�i°lih�
. ; � �� n\i . eQ»i.-m�w 1 v "i�r✓u _ cae � �' �� � -
e
. . i e�, ' c � � . - _ .
44g I e���� ��'� � �� � ��!"'�-J
€a� , f������������ ��� �
; �, � _ � ��:.
�
'��� � il��+�������e�� ��'� �� -. -.
t{ _ �
`_ 5 "` �' j ;,s �+._
� , S �3
� '� . .r r a
� ' � .r.. .e:� i ��L., .. .
' ' I f ���i� � � ' > .. . .
i' -��ae;: ..�' . . . .
; yt �_• ��t.
" k � ^ `k�,
3�� .;•,� `�'�
. e � ��� .
?� _
I .' _ ' .�_��
�_ r �
� �-- � - �- '
� .�.-
r z'r�"
� _
�. cs.�` , .
' `a'� "�� . ��-p:
' _. . . �'�.:_-
����'.+��-�.
a
" _a'@�
a �
- _a,� -:-_ �:_
-� _ �..- .
���'�
�
: � , � �
�
�
_ �,�e.�_ .� � ; s �
���"+�*"'�� Y� • � � =
n�
�� ' � � � , �
� .��
�-�' ' ��;��
- , � , ���; � � :
_. �.� , . �L . .
� i L �� yk' ��.5 �"�`�, -.
J _� �.c ' i f�' ^��%�YV � �T.
_ . . , � ¢ ^T� � �. v
�
. . . �y ;�� h �: `Ja..� AN ^k JyXm��Z "..h.. 1' t :
� t� �. � �^ �.�-.�>'* �,`�M1+"' `iJ'*�t -�;. '�1 r �.
�- .�,�„ ' �" . ' ^-� �`r As � g�.�,T r`� 3 .. y
�`\ . � T � ` "'i`L"= ..a h te, `C;
�� ''S� ; x � �
c
. _yi^k.-s ° 4 �� . —"'� _ , hn*, <".� �--`�ss'."=..
*,.z"'`�S� SF �( �� �, � � b `'a� .� �.� yp ..� i < { s° v � - �f ":
S ` ,r �t ° 3t r `� � ���[}��,v��� ` a-i
'r� � �s�.' .-. #� i :.
y, �� .,s� _"- � . ro � � � J ?� �"r ! ( � � a ��
i � , �
..ar > �i.�l ��� s + ] I C s � i f � t d
rr-3 . � �; � 'd• ��,li'� i� _ 3. �
� ' =
� ,a .'. ' ���� y �'� f �� `�� • ..
t� f� a �� � . j �.t _
� _ . .. ., : . ' � ` . . � � ,
___ H -_" .. .. - .. Y� - '� -....,
� _
x7 '� ' � "�.,.,, -� - .
Z' �� r.`� ^� ai r>t ^� ���, -
. � ,t.a,.}.� u mr d .' . _ :. ' ' ., �- ' . . ., :
. . ... , _ ...-�,.,.: . . . - _.. . .�
'' �
* '� ! J
�'
1'\ :
���
�� �. � i
\\�__ . _._ � _
...-_.. ._'.^c :.�..-'
��v
( �'
�
__ ��L�•� � _���wcv+�
/ .....
--: n �1'! �t p -. .� ��li""�.a� a � S`4��.;
__ . ,
'�:. \'w cC �" ,x ' .
. - � r .,, .� � F.; .. �
�_ , ti �;,���� ��; , ,:" ��� �� ���,�.
� �'= � • � ° � i '- :
� „4 �a � -' -
�.�'�jy$�4s . �yr �.- :_ -" i_r .... I� . ��
- " -- � — . .:--�
_ _ ' �_ 3 - : . ..
�: �v —� 5 �..� ..
ti� �� .��,�_ ,'�� . �� ..
' _ � �. -�+—t-� �. s y
� � \
� � ",�'" w '_ _ ."
�� r"
_ . , ' . j`v--�vn.^°''.se,y� ,�_._.--o.°-�" _ .
� -q _
� '
}} -
' ' _
V �
� �J � J
A 1 J� t } '
" . c ' � �'i"„ .
; �A �A � ` � Y
�� F N�� z�i'i rJ z. . .�..
.,x a ;t' �� .,;�: . � '. �--�:..�a.s'!`
_L �
.' �
e .14.�i r'����`L' ��T� ' 1" - -
" 1f��� `��i.�: �',��-, .
� �'��.� ��� .��' "� " i = .
,'�.�—_��, - '�ii ".,�_ , f ....�
P
),. s
� ".�
. `.. ax �+ 'a t�.T#` P?1 �'_
.,," � n .<,;
�
� J I {' � , y �',' � � � i � . . ��
�ld�ili�{}�J.i »;�vYi�.+7�� €. � �°�
R� � � .`ys5, �r. . .
R ;, . i F�
,.ri � /'� ✓ _">, l�._ " ��,���
v - � _
�� e
, j�� s
d.;, �
. ._ . . � . : . 3 �i. - . .
- sc� --- , . , � �
� � � ` =_ 1 e �/�' _ ! � j �.
-`�.�,�'�— - � � " ',' __'-
a �� - r
� ,�y�q�� � ... ; 4 +: � _ a—I _
"m� ^
`m.va
R � s._
. j n "�-.�-.`_ . __`�`.""` ..
� __� . f , . ; : :- , = � � _
_ _ ___�:___ —...,�` '�__..�� .>- _:� -
_ A .��._���� _ __ _
_ � �S`i� �.�. '1�. _'
-E`V 4 '+.z�s3.�+e`� m � �.
- � 1 ,X:47t � "
�.d' fi �5`..k'�2,' � -
��. ` `�
' T _ -� . _' ->_ w'- .- �.:: ` .. . -..:_ . . :. c- _� _ _?15:: . � �'�. . ...
, M�
�'�" . t �j�
� � r �
�y . b
t �•," �
���_ f 1
_ � _
���� �p
� I � : ��} T .
�L�� { ,1� � L
�..1..:.1� �u 1
_ .,_ f��� .. -.
���; - _ _ �
�
� t � r �94' � l � �_<� I. t,`s• —
7 ` '� � '��. �/•� �. I �e i N; -"'°"'-- Y . `:.
� y s ` � .,-�.� j� r � � I . � � - ^ A
P� c� aa
; " -`^`�' .,,� .,_ —' �+,°3 '�""� ,�-,�. °+�Fr,c ^' m _
, zs , � ,�. � -z�- �v� --'.�� �'�= _
. .�=. - -= ,", ��� _ _ .
�r�., .. ..:, -. � - . . � � . :- . . _
. __ _^`°`-`�'---.-. . .. --�
-_
— "`-�- . _ - _ '
R h �v
. . ..� � .. . ; .
� _ i � ;: .:_ ' .:
y j c� � �
_ . _ � y �4
� � ... _ . - . `'��?.. . . ,. �' .. a �""��Y±
CITIZEN PnRTICIPA?f-0 6IS�RICTS.
C�
r 1
L_J
�
C?TIZ=P1 7ART:CIPATION PLAP;NING DISTR_CTS
:. SUN
2.GREATcR �AST SIDr
3.WEST SID=
4.DAYTQV'S dLU�F
5. PAY�YE-PHRLE�1
6.NORTH Eh`p �
7. THCi`"�iS=DALE
8.SUMMIT-UNIVcRSITY �
WEST SE�1cNTH r ����� +� �
t o . ��a 8 � ���
� . HAMIINE-M?DilAY
12,ST. AN7HONY
13.MtRRIAM PK.-LcXINGTON HAMLI`!r
14.6ROV�LAND=�U1`CACESTcR �
15.H?GHLAND •
16.SUMMIT HILL
17.�OWN70WN
e
o�-��-�
�
DISTRICi 10 P; �_� "�'' r" ::" .°`° 's°
SG'..: �M (L:^.
, ������� �°��,� �
� � .� ��' �� �� �
i-
- _ G --;- --� �
_ c� 1 � c
._�� �. ___ � r
�; � � �; - _
_ n -� �---� --- ' —j
�� i1
- -- -f �— --`-'-- - --`=-
--__i iI� ��-- -- ��
_ ^ —, iJ
` J � �
_ -- r---- � .
! '!� ' �� G
_`J" _ � �. _'-_ _ __4 i
_ 1 � �) •�'
, , i ! �.
i �
__ _ - 't i '/
_ _ _ . � ��� ��� �
' /� :�.�-' F I� ._ _" _' ' �
; .
� i , . "_'�_'_' __ ,
%� � - '� : -- --
' �
i � �
' i l.:
_'. _ __-v" �.' ___ _____�______ .
. � j . ; J . -. f
"_ __ _ _ �( �
"__`'_'J y�_'_ _-_'�.' '_
, _ : - "�-`., -�
_' '' __ , }' -,=^--- -�—'—�
' i
. , , � . �-. .-. , ,,� ;-,
�; :.� � � � .,
. �-- � L... __-�._.,�_
] C�
; --�---r�--�-
C> .
-----;---�-
r ,
"_ ' _ "_' `_`^"_
_ \ �
) — � �
� � ��
r _ll � /
�J vi s
,� .� �
_� . - --_ _
� v�
�� -° --- — �'-; �.
U _ � �.
� ll"—_ ____�� 1 —
�� V � ' O Cf7
� C ' �p i
L^ !."___j �-- O
� ry �
K
� r `t�� `` ��\ ` . 7
� !!ti�-�f �
� --'
y �
_ --�-�.:� �� '
t _ _
_ _"
: �
> �� . --,
i '.1 �j i
r � ---�
,_ 0. �
.. _�
'r � O \
!' . _' � " _' __ "
i -� ` _ -
,. �; C
�_
, . ---- �`�--� ----�
�` � �
\
U . �, �
C _c� O �
C--�-=-- °-� �
�� � �.
__ � ._ ___ _�._ g_ i
/� C l �": �t~
` V_� �
� �-- -� �,
� �O ;
�a � � i C'y }__
, '4.J
Ci ' l �
� �;, � � ' -
t �?. _.--,'_"_"` -- _
�� ( ` �
� j v � ' � �.
C
Dc _ �
� (
i V
i � _
�� �
1 � frz_a'�L��_� �
i ` � �_„ ,,,� ❑ � : :J
t �,
, � ._ .. _. � f j _ . .
, _ ., __�.�.�..
..._...��'`
� _ . .. _ . . -'- '
_ d -
/":- s
-,. .,.-. ` � Pa .�,,�,���,
��,- n
r ' s e S•i.• � "r if� �rf
' � _ .. � e� � i.. �' "� v"°,'."��,5 # ) �ds;t+
v'J� _ ii
T^` � � T� � .{ �� ��
± ,3 ; :f, # ; ;� � 3 .-. y�s
_:. , __ �i, _ .� _ . � " .
' �� � �—
-�� ,.. u:�� a ,�.� ��-p
c L
j�.�. -. � l "-= C :� .� c _S
� � � `'-�, ', ..,.�. __ _ _ •_. ,.
'-��_; �',�,��_ �'_.�.._...___�_.,.___�._..._�....,______..
;':J`NlF Fat��
TNE . f)GEl.�-�----:
�Cv=f�J
O
\ 5 `�
,�
\ s :
� i
L ..�....�_..��.._..
� ��
�';'�l d +'�' . .
,�,°�'� r �` ' �— _
_. � . .
�--
�—
�
L'�a ���. � .�_
Lr'^�.. . .. �. �
L�!1_/ 1!/%%� c �� ' �. =- �?�`�= :
� C'1c L',-1�i;
0 . � i?T.'v
A-? 7 c-:.:`:r'e f?-:':
!I 1 j �
i
-
. . r cG-..-= -'z
� F.� ��.J'� �. '-
:' cz: z"
� D
����-
' _ ._ i i ff;�?_,
_ -
�(5/1B/2007) Mary Erickson - Java Train expansion Page 1 I
From: "Kim Klose" <klose001@msn.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/15/2007 8:20 AM
Subject: Java Train expansion
Good morning,
I understand there will be another hearing tomorrow, 5/16, regarding the
expansion plans of the Java Train coffee shop. I am unable to attend the
meeting, but I would like to state for the record that I support the Java
Train. I wrote to you prior to a previous hearing, and I'm writing again
today to reiterate my support of the planned expansion.
I live next door to the coffee shop, my property butts up against it. I
find Steve and Christine to be very considerate and conscionable neighbors.
The coffee shop has been a huge asset to our neighborhood. It brings people
together and allows us a space to get to know each other and strengthen our
community.
It's a family friendly place - a rare find in coffee shops. I have two
small children, and I'm thrilled that they can play on the train and water
tower. The menu reflects the welcoming atmosphere as well - serving kid
sized drinks and "izzy" ice cream cones. I would be very happy to see more
seating available, more menu choices, and eventually a beer and wine
selection.
In conversation with neighbors, my impression is that the majority support
the expansion, with only one or two very vocal voices in opposition. Please
don't let the loud minority overshadow the perhaps not-so-vocal majority.
I urge you to approve the rezoning to allow the Java Train to expand.
Sincerely,
Kim Klose
1469 Midway Parkway
� y D o�-��-�
(5/16/2007) Mary Erickson - Java Train Page 1 I,
D�� ��
From: "Heather Lewis" <hlewis@advancedinformatics.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/15/2007 10:08 AM
Subject: Java Train
Mr. Torstenson:
I understand that the Java Train is having a public hearing on 5/16 to
discuss their possible expansion. Unfortunately I am not able to attend the
hearing, but I wanted to share my thoughts and feelings about it.
My family loves the Java Train (especially my 3 and 6 year old). As a local
coffee shop it is fantastic. Our kids enjoy playing there, it is easy for
us to get to, the ice cream and coffee are of a good quality and reasonably
priced. When we heard that they wanted to expand their menu and serve
wine/beer, we were delighted. It is not easy to find a child AND adult
friendly neighborhood restaurant.
I am sorry that we will not be able to be present at the hearing tomorrow,
but we hope that the outcome is in favor of allowing for the expansion. W e
believe that this is in the best interest of the community.
Thank you
Heather Lewis
962 Como Avenue
Saint Paul, MN 55103
--- _ -- -,
i(5/16/2007) Mary Ericks - Java Train Expansion Page 1 I
0'1�54��
From: 'Tisha Bolger" <TBolger@girlscoutscv.org>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/15/2007 11:32 AM
Subject: Java Train Expansion
I live at 1434 Simpson St. in St. Paul just 3 blocks from the Java Train
Coffee House. I am writing to support the expansion of the Java Train.
1 am very much in favor of expanding their food menu and having the Java
Train pursue a beer/wine license. The Java Train has enhanced our
neighborhood and this expansion would enhance it even more.
Thank you in advance for your support of the Java Train expansion.
Tisha Bolger
Chief Operating Officer
Girl Scout Council of St. Croix Valley
651-251-1226 - Telephone
651-225-9217 - Fax
Escape the "same old" summer routine! Join the fun at Girl Scout camp!
Choose from more than 75 camp sessions. Open to all girls in grades 1-12
(no Girl Scout experience necessary), there's fun and excitement for
everyone-from horseback riding to yoga, canoeing to drama, friendship to
leadership, and so much more! Visit www.girlscoutscv.org
<http://www.girlscoutscv.org/> for more information.
This communication is intended only for the use of the individual to
whom it is addressed and may contain information that is privileged and
confidential. If you are not the intended recipient, you are hereby
notified that you have received this communication in error and
distribution or copying of this information is prohibited; please notify
the sender immediately and return or destroy this message and any
attachments.
(5/16/2007j Mary Erickson - Java Train expan§ion " Page 1
Q l "') �I I
From: "Amy Dunker" <adunker@MCGWARE.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/15/2007 226 PM
Subject: Java Train expansion
1 am very FOR the expansion of the Java Train. It has been a WONDERFUL
oasis for our neighborhood, but there is not enough seating.
As a neighborhood resident, I'm asking that you please approve the
rezoning paperwork and give them the food and drink licenses they are
seeking!
Amy Dunker
1438 Simpson St
St Paul, MN 55108
952-270-0095
__ _.
i (5/16/2007) Mary Erickson - the java train - Pege 1
�� � ���
From: "Rhonda DeBough-Insook" <rhondadebough@earthlink.net>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5l16/2007 7:04 AM
Subject: the java train
Hi Mr. Tortstenson,
I am a neighbor of Java Train on Pascal in St. Paul. I understand that there is a meeting today about the
Java Train getting a wine bar. I can't make the meeting, but I want to let you know that this is how we feel
at 1421 Midway Parkway...
We have lived here for 13 years.
The Java Train has been a very good neighbor since they have opened. They have brought a nice
element to what quiet, and not necessarily in a good way, corner. I don't even know what the old
business, "Chen's international" was. No people, and shutters pulled... Anyway, now it is a buzz with
families and children and neighbors catching up and having a cup of joe. i am comfortable with my
children walking home alone from the bus because of the crowd that is there. I don't see wine/food as
anything that is going to change the integrity of that business. I support them.
I also am sensitive to my neighbors reservations, which should, of course, be taken into account. So
restrictions like closing time, noise levels and other concerns should be addressed. The decision about
this license should be a well rounded discussion.
I have heard discussions at a district 10 meeting, and I support the license for wine/beer and food.
Thank you for your attention.
Rhonda DeBough-Insook
rhondadebough@earthlin k.net
Rhonda DeBough-Insook
rhondadebough@earthlink.net
- -- - _. _ . _ .
(5/16/2007) Mary Erickson'- In Favor of Java Train Expansion Page 1 i
d�l — 5'�"1
From: Kari Jagusch <jagus001 @umn.edu>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 1036 AM
Subject: In Favor of Java Train Expansion
I am in favor of the Java Train Expansion and rezoning for a beer/wine
license.
I live on Simpson Street and my son and i frequent this wonderful
neighborhood spot.
I know so many people in my neighborhood who are also in favor of the
rezoning so we can have a community gathering spot close by.
I believe in community spirit and i feel the owners of this
establishment are great people who have the appropriate community
interest at heart.
Thanks
KariJagusch
1388 Simpson Street
St. Paul, MN 55108
KariJagusch
Information Technology Professional
Office of the Vice President for Research
University of Minnesota
e-mail: jagus001 @umn.edu
phone: 5-0370
OVPR Technical Requests
e-mail: ovpr-it@umn.edu
phone:612-626-8707
Our smile affirms our awareness and determination to live in peace and joy. The source of a true smile is
an awakened mind. Thich Nhat Hanh
(5/16/2007) Mary Erickson - Support for Java Train Page 1 I
D�� �'-rl
From: "Insook, Chai" <Chai.insook@state.mn.us>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 1122 AM
Subject: Support for Java Train
Hello Mr. Torstenson,
I would like to comment in support of Java Train's effort to secure the
necessary licenses and permits for its business at the corner of Pascal
and Bison (St. Paul's Como Park neighborhood). I understand the owners
are seeking a business expansion that would allow them to serve food and
alcohol in addition to their existing coffee shop business. While I can
not be at the meeting I would like you to know that the Java Train:
been a good change for our neighborhood;
has an excellent neighbor and a welcomed business;
adds positive energy and life to the neighborhood.
The owners are seeking expansion largely because they know they have
overwhelming support from neighbors. From my experience and
observations, the owners have operated the Java Train very responsibly.
I enjoy having Java Train in the neighborhood and I support its
expansion to serve food and alcohol.
Respectfully,
Chai Insook
1421 Midway Parkway
651.642.1796 eve
651.296.7718 day
- - ---
L(5/16/2007) Mary Erickson - Java Train Page 1 j
b�1�S��
From: Nan A Skelton <skelt003@umn.edu>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 1138 AM
Subject: Java Train
Allan,
I am writing to register my support for the expansion of Java Train's
License to include food/beer/wine. My husband, Peter Leach and I are
both in support and live at 1420 Almond Ave. 55108. We know that many
of our neighbors are also in support.
Nan Skelton
-- .
_---- -
(5/16l2007) Mary Enckson - Java Train rezoning Page 1;
0�- ���
From: "Ford, Sara" <sford@inverhilis.mnscu.edu>
To: <allan.torstenson@ci.stpaul.mn.us�
Date: 5/15/2007 829 AM
Subject: Java Train rezoning
Dear Mr. Torstenson,
I am writing to support rezoning of the Java Train on Pascal Ave. in St.
Paul. I will not be able to attend the hearing at the City Council on
Wednesday, May 16th, though I would very much like to be there to offer
my comments in person. Please know that were I able to attend, I would
do so.
I live at 1469 Midway Parkway, and our backyard is the southern wall of
the flower shop. My partner and I have two young children. We support
the Java Train expansion and will support their attempt to eventually
get a wine and beer license for the following reasons: 1) the coffee
shop/flower shop are key sites for community building; 2) the owners of
the property, Steve and Christine Finnegan, are thoughtful,
conscientious, warm neighbors who are a great benefit to the
neighborhood; 3) property values have increased; 4) parking concerns are
not a serious threat
1) key sites for community building: The coffee shop is a key
site for community gatherings and meeting neighbors, and the owners have
hired many young people in the neighborhood looking for their first
jobs. I hope this option is available when my kids are looking for part
time work. The development of a wine/beer bar would only increase the
value of this site in these ways. The building is so small that we are
guaranteed that we will never have large numbers of people there at a
time-it is and will remain a cory, small place, great for conversation,
relaxation, and laughter. I cannot think of a better use of the site
than that (an I will never, by the way, complain about the sounds of my
neighbors laughing-there is too little of that in this world).
2) The owners of the property are thoughtful, conscientious, and
warm neighbors who benefit all of us. Steve and Christine, and
Christine's parents who live on the property, and all wondertul
neighbors who have done a great deal to improve the neighborhood beyond
what their businesses have done.
3) One of my neighbors has claimed that his property values have
decreased since the Java Train opened. This is simply false. Our
property values have increased significantly since 2005, the year the
Java Train and The Fighting Iris opened.
4) Parking concerns are not a serious threat because the size of
the building and the number of customers who would be there at any given
time. It is possible that there will be nights when I cannot park in
front of my house because customers in the Java Train spill over past
Pascal. I have a driveway that fits two cars (as do the neighbors on
either side of ine), and I am therefore not worried about there being
�(5/16/200 Mary Erickso - Java Train reioning Page 2
� (�_J_I�
i
cars in front of our house.
Finally, I want to say this. My father was a planner with the city of
St. Paul for over 25 years, and I therefore grew up in a household that
was always steeped in conversations about issues such as this one. I
know the difficulty of building community, and I know of its importance.
I know the value of zoning laws, and I know the risks in making
exceptions. I have lived in areas of the country that were not planned
carefully, or at all. Md I have lived in communities that work, that
foster political discussions, that foster civic engagement, health, and
kindness. The Finnegans are asking you to be allowed to continue to
build these elements of our neighborhood, and I beg of you to consider
their request seriously.
Thank you for your time and consideration, as well as for your service
to St. Paul,
Sara J. Ford
1469 Midway Parkway
St. Paul, MN 55108
;(5/16/2007) Mary Erickson - expansion of Java Train Page 1�
� ... .
��zd
From: "Catherine Hays" <�th3@eoni.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 2:48 PM
Subject: expansion of Java Train
I can't think of a nicer location and environment for a small expansion in our neighborhood. The owner
maintains lovely shops and has enriched and (dare I say) elevated the area with her high standards.
Children love her Java Train, moms and dads congregate there, students study...l think it would make a
wonderful gathering place for neighborhood adults to be able to have an occasional night out and not have
to drive to enjoy a quiet meal or drink. This isn't some local sports grill and beer joint. It is a low key, quiet,
and very pleasant business endeavor. Please note my favorable response. Thank you Catherine
Hefferan--neighborhood resident.
- - __ - _
�5/16/2007) Mary Erickson - Once again i voicing my support for fhe JaJa Train for any and all zoning changes they are r§�ge 1 i
V ( �"J ( I
From:
To:
Date:
Subject:
they are requestin
"LINDY TEIKEN" <thriftqueen66@msn.com>
<aila n.torstenson@ci.stpau I. m n. us>
5/16/2007 2:50 PM
Once again i voicing my support for the Java Train for any and all zoning changes
Once again i voicing my support for the Java Train for any and all zoning changes they are requesting.
They are an asset to our neighborhood and whatever decisions they make in regards to what they do and
don't serve are fully supported by our family. I live one block north of their property and they have been
nothing but wonderful. They are responsible and added so much to the neighborhood.
Thank you,
Melinda Teiken and Dale Anderson
1381 Pascal St N
Saint Paul, MN 55108
651-489-5270
�(5/16/2007) Mary Erickson - Java Train rezoning Page 1 I
������
From: Peter Leach <pjleach@pcspeed.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 12:41 PM
Subject: Java Train rezoning
My wife and 1 live at 1420 Almond Avenue, about 2 blocks from Java
Train. Their requested rezoning would be an asset to the neighborhood
and we support their request.
Nan Skelton & Peter Leach
651-643-0815
(` 5/16/2007) Mary Erickson - Java Train -... Page 1 1
b'j ��y'�
From: <SUSAN.SPRINGMIRE@spps.org>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 1:28 PM
Subject: Java Train
I live in the Java Train neighborhood and would like to see them expand
their menu to food prepared on site. I would also support a wine and beer
license.
-_ . � .
!� (5/16)2007) Mary Erickson -1Ne support fhe Java Train Page 1'i
� ! ��J��
From: "PETER YE�ENA DEBBINS" <peterdebbins@msn.com>
To: <allan.torstenson@ci.stpaul.mn.us>
Date: 5/16/2007 12:02 PM
Subject: We support the Java Train
Please include my support of the Java Train in its pursuit of licenses to
expand the services provided.
As a nearby resident, 1434 Asbury, and occasional patron, my family and 1
feel that the Java Train has greatly enhanced the quality of life in our
neighborhood.
My family (with two little kids) have enjoyed meeting our neighbors while
our children would play. At the same time well teel that our neighborhood
does not enjoy the restaraunt ammenities that most other St. Paul
neighborhood have. (Such at St. Anthony Park with its Como/Carter
intersection).
Instead, we have to drive, when it would be so much better to walk.
We understand the concern of increased traffic. However, any increase would
be unnoticed from all the other traffic we are use to in our neighborhood
because of the Como Zoo, Conservatory, State Fair, Job Corp, Shalom House,
Lingosheim Home, Nelson's Cheese, Holy Childhood School, and Salvation Army
House. There may actually be a decrease since we will not have to drive to
out with our families.
If not to be particular, I would not mind to see more eating establishments
in the neighborhood where my neighbors and our families can meet. Why should
other St. Paul neighbor have what we don't have.
Please feel free to contact me regarding my support.
Respectfully,
Pete Debbins
peterd eb b i n s@msn.com
phone 651-285-6937
fax 651-917-3664
NOTICE: This e-mail message and all attachments transmitted with it are
intended solely for the use of the addressee and may contain legally
privileged and confidential information. If the reader of this message is
not the intended recipient, or an employee or agent responsible for
delivering this message to the intended recipient, you are hereby notified
that any dissemination, distribution, copying, or other use of this message
or its attachments is strictly prohibited. If you have received this message
in error, please notify the sender immediately by replying to this message
(any toll charges will be reimbursed by Peter Debbins) and please delete it
from your computer.