95-5950 R I G! N A L �uncil File # qS-59 �
Green Sheet # �� a �'
RESOLUTION
� CfTY_C)F SAINT PAUL, MINNESOTA , 3
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Presented By
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Referred To
Committee: Date
Whereas, BOLANDER, BRUCE/CARL BOLANDER & SONS appealed the
decision of the Zoning Administrator that the concrete crushing
operation conducted by Shafer Construction Company at 704
MISSISSIPPI ST was legally established pXior to January 25, 1993,
when the code changed prohibiting this use in the I-2 zoning
district; and
Whereas, The Board of Zoning Appeals conducted a public
hearing on April 10, 1995, pursuant to said appeal in accordance
with the requirements of Section 64.205 of the Legislative Code;
and
Whereas, The Board of Zoning Appeals upheld the decision of
the Zoning Administrator based upon evidence presented at the
public hearing, as substantially reflected in the minutes, and
upon the following findings of fact and conclusions:
1. Rock and concrete crushing was a permitted use in an I-
2 zoning district before the zoning code was changed in
January 1993. Prior to the change in the zoning code,
rock crushing and concrete recycling was not a specific
category in the code but would have been determined
similar to "stone cutting and processing" listed in
"Appendix B" in the zoning code, for other permitted
uses in the I-2 zoning district.
2. Before January of 1993, the zoning code further
stipulated that exterior storage uses must be at least
300 feet from residentially zoned property. The Shafer
site meets this distance requirement and would have
been allowed to operate at this location. The amending
zoning ordinance in 1993 also changed the "300 foot
rule" to include those properties used for residential
purposes regardless of the zoning district in which it
is located. There are no residentially used properties
in the industrial lands within 300 feet o£ Shafer's
operation so that portion of the new code is met.
3. On Januarp 25, 1993, Seotion 60.623(3) of the 2oning
code was amended to prohibit the arushing of rock,
asphalt or concrete in the I-2 zoning district. At the
same time, Section 60.634 of the zoning ordinance was
amended to include rock and concrete crushing as a use
permitted subject to special conditions in the I-3
industrial district.
4. Prior to January 1993, the zoning code did not require
site plan approval for industrial uses which did not
abut residentially zaned properties. The property in
9 S-S95
question is surrounded by industrial zoned lands.
Until the changes to the zoning code in January of
1993, there was no specific requirement for city site
plan review of Shafer's operation because it was not in
immediate proximity to a residential zoning district.
After January of 1993, outdoor storage or processing
was specifically added as a category requiring site
plan approval {62.108(a)(5)}.
5. The zoning administrator correctly determined triat
Shafer's concrete and asphalt operation at 704
Mississippi Street is a legal nonconforming use. The
Zoning Administrator has concluded that the rock
crushing equipment physically present at the site does
not determine whether the use is continued. The
decision to grant nonconforming status to Shafer's
operation is based on the fact that Shafer has had a
lease agreement with the property owners (BUrlington
Northern Railroad) since May of 1990 for the purpose of
crushing road demolition material. Shafer has annually
renewed and maintained that lease for that expressed
purpose. Shafer has stockpiled the process materials
continuously on the site as evidenced by the 1991
aerial photo and recent photographs of the site. Shafer
has provided daily activities records for the period
between 1992 and 1994 that demonstrated their
continuous intent to operate a crushing facility at
this location.
6. Section 62.1U2(c)(1)&(2) of the zoning code states that
nonconforming uses without structures cannot be moved
or extended in whole or in part to areas not previously
occupied by that use. A rock crushing operation such
as Shafer's requires a substantial amount area to
operate. The land limits spelled out in the lease
agreement with Burlington Northern regulate where
Shafer can operate. The designated area is also a
geographically well-de£ined area, bounded by tracks,
raised public road bed and the abutting property owner
(ASChbach). The area where Shafer operates is we11
contained and would not allow expansion of the use.
Whereas, Pursuant to the provisions of Section 64.205,
BOLANDER, BRUCE/CARL BOLANDER & SONS duly filed an appeal from
the determination made by the Board of Zoning Appeals, requesting
that a hearing be held be£ore the City Council for the purpose of
considerinq the actions taken by the said Board; and
Whereas, Acting pursuant to Sections 64.205 through 64.208,
ar,d upon notice to affected parties a public hearing was duly
conducted by the City Council on May 24, 1995 where all
interested parties were given an opportunity to be heard; and
Whereas, The Council, having heard the statements made, and
having considered the variance application, the report of staff,
the record, minutes and resolution of the Board of ZOh1hCJ
Appeals, does hereby:
Resolve, That the Council of the City of Saint Paul does
hereby affirm the decision of the Board of Zoning Appeals in this
matter, based on the following findings of the Council:
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1. The non-conforming use of the subject property for the
concrete crushing operation was established prior to
the amendments to the Zoning Code which restricted that
use to the I-3 Zoning District.
2. That the evidence as aontained in the record of the
proceedings held by the Board of Zoning Appeals
reasonably supports the Board's conclusion that the
nonconforming use was not discontinued for a continuous
period in excess of 90 days and therefore the
nonconforming use has not been discontinued according
to the terms of the Zoning Code.
3. That the decision of the Board of Zoning Appeals is
supported by sufficient evidence in the record of these
proceedings.
Further Resolved, That the appeal of BOLANDER, BRUCE/CARL
BOLANIIER & SONS be and is hereby denied; and, be it
Finally Resolved, That the City Clerk shall mail a copy of
this resolution to BOLANDER, BRUCE/CARL BOLANDER & SONS, Shafer
Construction Company, the Zoning Administrator, Planning
Commission and Board of Zoning Appeals.
Requested by Department of:
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App!
By:
Bye
Form
By:
Appr
Coun
Byo
by City Attorney
Mayor for Submission to
Adopted by Council: Date
Adoption certified by Council Secretary
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DEPARTMENLOFFICE/COUNqL DATE INI7IATED �O � ° � ^ �
Council Research srzsi9s GREEN SHEE
INITIAVDATE INITIAUDATE
CANTACT PERSON & PHONE � DEP0.RTMENT DIRECiOR � CITY COUNCIL
Nancy Anderson �ss�eN OGIT1'l4TORNEY �crrvc�euc
MUST BE ON COUNCIL A6ENDA BY (DATE) N O gUDGEC OIRECTOR � FIN. & MGT. SEftVICES �IR.
5i31J95 oxoew �e+nroacoanss�sru�m �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACfION FE�UESTE�:
Finalizing City Council Action taken on May 24, 1995 denying the appeal of Bruce Bolander
c/o Bolander and Sons Inc. to a decision of the Board of Zoning Appeals affirming the
determination that Shafer Co's concrete crushing facility at 704 Mississippi St,meets provi
REfAMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUS7 ANSWEF THE FOLLOWING QUESTONS: S10 5
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this personffirm ever worketl under a contract for this department?
_C�BCOMMIT[EE YES NO
_ STqFF 2. Has this personttirtn ever been a ciry employee?
— YES NO
_ o65TRICT cAURT — 3. Does ihis pBrsoNFirm pos5ess a skili not nortnalVy possessetl by any current city employee?
SUPPORTSWHICHCWNCIL08.IECTIVE? YES NO
Ezplain all yea answers on separate sheet antl attach te green Sheet
INITIATMG PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where, Whyp
ADVANTAGESIFAPPROVED.
DISADVANTAGES IF APPflOVED.
PU9� 3 � ^? 9a1,7�
�ISADVANTAGES IF NOTAPPROVED�
TOTAL AMOUNT OF TRANSACTION $ COSTIqEVENUE BUpGETED (CIRCLE ONE) YES 140
FUNDIRG SOUHCE ACTNITY NUMBEH
FINANCIAL INFORMATION: (EXPLAIN)
9s- s�.s
DATE:
TO:
FROM:
SUBJECT:
Nancy:
Interdepartmental Memorandum
CITY OF SAINT PAUL
OFFICS OE CITY ATTORNEY
Suite 400 City Hall
Saint Paul, Minnesota 55102
Phone: (612)-266-8710
FAX: (612)-298-5619
May 24, 1995
Nancy Anderson
Assistant Counci
Room 310 City Ha
Jerome J. Segal
Assistant City A
Appeal of Bolander
Council Hearing May 24, 1995
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Attached is a draft resolution whereby the City Council would
deny the appeal of Bolander Construction Company from the decision
of the Board of Zoning Appeals regarding the existence of the non
conforming use of the rock crushing operation of Shafer
Construction Company. The Council i5 required to formalize their
decision regarding appeals from Zoning Board decisions by means of
a resolution. This resolution may be placed on the Council agenda
for adoption in the normal course of council proceedings.
CITY OF SAII�Tr PAUL
Norm Coleman, Mayo�
OFFICE OF LICENSE, INSPHCl'IONS AND ��� �" �
ENVIItONMENTAL PROTECfION
Robert Kessler, D'uectos
BUIIDINGINSP8CIZONAZm Tekphane:612-2669001
DESIGN Fac.trmile: 612-266-9099
350 St Peter Street
Suite 310
Saint SSi02-ISIO
May 3, 1995
Ms. Nancy Anderson
City Council Researoh
Room 310 City Hali
Saint Paul, Minnesota
Dear Ms. Anderson:
Office
55102
I would like to confirm that a public hearing before the City Council is scheduled for
Wednesday May 24, 1995 for the following appeal of a Planning Commission
decision approving a speciai condition use permit:
Appellant:
File Number:
Bruce Bolander c/o Bolander and Sons Inc.
#95-070
Purpose: Appeal the Board of Zoning Appeai's decision affirming the Zoning
Administrator's determination that Shafer Companys concrete
crushing facility at the referenced site meets the provision of the
zoning ordinance for a legal nonconforming use and may continue to
operate at this location.
Address: 704 Mississippi Street/Burlington Northern property located on the
E.S. of Mississippi Street on land lying between the platted
Pennsylvania R.O.W. and vacated Minnehaha R.O.W.
Legal Description of Property: See File
Previous Action: At the April 10, 1995 public hearing, the Board of Zoning
Appeals affirmed the Zoning Administrators Decision(4 in favor,
3 against)
My understanding is that this public hearing request wiil appear on the agenda for
the May 10, 1995 City Council meeting and that you will pubiish notice of the
hearing in the Saint Pauf Legal Ledger. Please call me at 266-9083 if you have any
questions.
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� _ - NOTICE OF PUBLIC HEARIN6, ' � . �I
.�The Saint Paul City Conncil mill conduct a public heariag��on"
^ May 24, 1995, at 3:30 p.m. in the City Council Chambers, Tlurd Flobr„City Hall,
// fo consider the appeal of Bruce Bolander c!o Bolander and Sons Inc toa decision
// �offheBbardofZOnin�Appealsaff"umingthe2oningAdmmistratorsdetet�m�na[io�t-
F that Shafer Company's concrete crushing-facihty at 704 Musvssigpx Streetl
BurJington Northern � ro erf located on the E S vf Mississi f Street dn �laxtd�
Lawrence R. Zan S P P Y �
g lying between tlte platted Pennsylvania R.O.W. and vacated�Minnehaha R.O.W:
ZOnirlg TeChniCie�-LIEP meets the piavision of the zoning ordinance foc a lega� nonconforining use and
may continue:tovperate at tttis loeation. - � � '� � � , a � � �
cc: File #95-070 nated t�ay �;°iss5`_ : � — , �
��NA AN,pE,RSODI � � , , � �- . -
Ass}staat Ci�y Gpuncit,.Secretar��.. _� " - , � . _ , , �
- � � , , ... � . -. .. �� (May 6 : �1995) . _ ' ., . . . .