96-271������ P � �
, - °
:, �;; �.. 's:.
. . : '� E_..
Presented By
Ai�� rvoeo
3)ao�9�
COUnCil File # �� / /
Green Sheet # 35645
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Referred To Committee: Date
��
1
2 WHEREAS, Frederick Partlow, in PED File No. 95-255 and pursuant to Saint Paul
3 Legislative Code, Sections 60.554, Subd.(4) and 64300(d), applied for a special condition use
4 permit to allow outdoor sales of used automobiles on property located at 672 Arcade Street
5 and legally described as Lot l; Otto's Subdivision of Lot 15 of Otto's Snbdivision; and
6
7 WIIEREAS, on December 7, 1995, the Zoning Committee of the Saint Paul Planning
8 Commission, in accordance with the requirements of Section 64.300 of the Saint Paul
9 Legislative Code, conducted a public hearing on the application of Frederick Partlow at which
10 a11 persons were given an opportunity to be heazd, either in person or in writing, on the said
11 application; and
12
13 WIIEREAS, on December 15, 1995, the Saint Paul Planning Commission, based upon
14 the evidence presented to its Zoning Committee at the public hearing, approved the said
15 application as substantially reflected in the minutes thereof and made Fiz�dings of Fact as set
lfi. forth in Plaxuiiug Commission Resolution No. 95-93 of the Saint Paul Planning Commission,
17 which is attached hereto and incorporated herein by reference and which sha11 become a part
18 of this resolution; and
19
20 WIIEREAS, on December 29, 1995, the Dayton's Bluff Center For Civic Life filed an
21 appeal of the decision of the Saint Paul Planning Commission pursuant to Saint Paul
22 Legislative Code, Section 64.206, alleging an error in fact procedure, or finding, of the
23 Pla.uniug Commission. Said appeal is attached hereto and incorporated herein by reference
24 and shall become a part of this resolution; and
25
26 WHEREAS, acting pursuant to Sections 64.206 through 64.208 of the Saint Paul
27 Legislative Code and upon notice to affected parties, a public heazing was duly conducted by
28 the Council of the City of Saint Paul on January 24, 1996, where all interested parties were
29 givan an opportunity to be heard; and
30
31 WHEREAS, the Council of the City of Saint Paul, having heazd the statements made
32 and having considered the application, the report of staff, the record, minutes and resolution
33 of the Planning Commission and of its Zoning Committee, does hereby
34
35 RESOLVE, that the Council of the City of Saint Paul does hereby overturn the
36 decision of the Saint Paul Pluuiing Commission in this matter for the following reasons:
37
38 1. The applicanYs lot size of 4,847 square feet is not compatible for the proposed
39 use.
40
41 2. The proposed use is not 'n onformance with the Near East Side Improvement
cc� e
42 Strategy, a plan y the Saint Paul City Council in 1989. The Neaz
43 East Side Improvement Strategy states as one of its goals "phase out
9� �-a �I
commercial uses that aze incompatible with adjacent residential uses." (e.g. auto
body shops, used caz lots) Saint Paul Legislative Code Section 64300(a).
3. Nothing about the proposed use of the properry has changed since the Saint
Paul Planniug Commission and the Council of the City of Saint Paul denied a
similar application in 1992.
4. The proposed use will be detrimental to e�sting chazacter of development in
the immediate neighborhood. Saint Paul Legislative Code, Section 64.300(c).
BE IT FURTHER RESOLVED, that the appeal of the Dayton's Bluff Center For
Civic Life is in a11 things granted; AND BE IT
FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to the
Applicant, the Appellant, the Zoning Aduiinistrator and the Plamung Commission.
����������
Requested by Department of;
By:
Form Approv by City Attorney
Adopted by Council: Date vu � e1� `4q(�
Adoption Certified by Council B�, �����
By:
�..
By:
Approved by Mayor for Submission to
Council
By:
9���71�
OEP 3/13/96 GREEN SHEE �° 35645
wmnuonre wmaware
CONrACT PERSON 8 PHIXJE O DEPARTMENT DIRECTOR � CIT' COUNCiI
Nancy Anderson A�f'N OCRYATfORNEY OCIT'CLERK
MUST BE ON CAUNCIL AGENDA BY (DATEj NUYBER FOR Q BUDGEf DIRECrOfi � FlN. & MGi. SEFlVICES OIR.
p0Ui1NG
OflDER O MAYOR (Ofl ASSISTANn O
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACfION RC-0UESTEp:
Fiaalizing City Council action taken January 24, 1996, grantiag the appeal of Dayton's
Bluff Center for Civic Life.
RECOMMENDnnONS: Appmve (A) or Reject (q) pEflSONAL SERVICE CONTHACTS MUST ANSWER TNE FOLLOWING �UESTIONS:
_ PLANNING COMM55YON _ CIVIL SERVICE COMlNSSfON �� �` �� person/Firm ever wwketl under a contract fot this tlepartmeM?
_ CIB CAMMITTEE _ YES NO
_ STAF� 2. Has this personHirm ever baen a city employee?
— YES NO
� DiS7RIC7 COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any curtent ciry emplqree?
SUPPORTS WHICN COUNCIL OBJEC7IVE? YES NO
Explain all yes answars on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPOflTUNITY (WM, What, When. Where, Why�:
ADYAN7AfaES 1FAPPROVED: .
OISADVANTAGES IFAPPROVED: '
�Ptd6i�6.+F� �'�ivry:a'��',3asft $!�.^Eat6�1
��� 1 � ����
., :d.
DISADVANTAGE3IFNOTAPPROVED: - �
TOTAL AMOUNT OF TRANSACTION S COST/HEVENUE BUDGETED (CIRCLE ONE) VES NO
FUNDIHG SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXP�AIN)
OFFICE OF Tf� CITY ATTORNEY
Trmothy 6 Marx, Ciry AKOrney ^/ _
`1 �s
CITY OF SAINT PAUL
Norm Colemm�, Moyor
Civi! Divisian
400 Ciry Hall
IS West Kellogg BHd.
Saint Paul, �nnesom SSIO2
Te(ephone: 672 266-8710
Facsimile: 612 298-56I9
�wv ..G_ ... �.-. . -
March 8, 1996
Ms. Nancy Anderson
City Council Research Office
Room 310 City Hall
St. Paul, Minnesota 55102
Re: Appeal of the Dayton's Bluff Center for Civic Life
Appeal heard on: 1-24-96
Dear Ms. Anderson:
i �„:,;! :� _._
Attached please find a copy of a resolution finalizing the decision
of the Saint Paul City Council in the above-entitled matter. You
will note that the resolution refers to a resolution of the Saint
Paul Planning Commission. The Planning Commission's resolution is
to be incorporated by reference into the City Council resolution.
Please contact Ms. Kady Dadlez in the Department of Planning and
Economic Development for a clean copy of the Planning Commission's
resolution. For your information, I believe the resolution number
is 95-93. Please note that the resolution aiso refers to the
application of the Dayton's Bluff Center. That application is also
to be attached to the resolution. Again, please contact Ms. Dadlez
for a clean copy of that document as well.
Please prepare the appropriate green sheet and have this matter
placed on the council consent agenda at your earliest convenience.
Very truly yours,
!�� .� N f^��n^'�`'�
PETER W. WARNER
Assistant City Attorney
PWW/rmb
Enclosure
DEPAA"1'MEN'1' OF PLANNING
& ECONOMIC DEVELOPNIEIVT
`� ( _ a rl �
CI'CY OF SAII�T PAUL
Norm Coleman, Mayo>
January 3, 1996
Ms. Nancy Anderson
City Council Reseazch O�ce
Room 310 City Ha11
Saint Panl, Minnesota 55102
Deaz Ms. Anderson:
Division ofPTanning
25 WestFourth Street
Saint PauZ MN 55702
Telephone: 612-266-656.i
Facs im ile: 612-22833 Z 4
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
January 24, 1996 for the following appeal of a Planning Commission decision granting a special
condifion use permit:
Appellant: Dayton's Bluff Center for Civic Life
File Number: #95-284
Purpose: Appeal a Planning Commission decision granting a special condition use permit
to allow outdoor sales of used automobiles.
Address: 672 Arcade Street (northeast comer of Arcade & Mazgaret)
Legal Description of Proparty: Lot 1; Otto's Subdivision of Lot 15 of Otto's Subdivision
Previous Action:
Planning Commission Recommendation: Approval, vote: 10-6, 12l15/95
Zoning Committee Recommendation: Denial, vote: 4-2, 12/7/95
My uttderstanding is that this � � ��� a �
� and that ,.�.� . ��,�
� `°' °-, Please call me at 266-6582 if you have any questions.
Sincerely,
�,a���l�e�.
Kady Dadlez
Ciry Planner
Zoning Section
c: File #95-284
Mike Kraemer
Donna Sanders
NOTICE OF PDBLIC HEARII�TG
The Saint Paul City Council wili conduct a public heazing-on Wednesday,
January 24, 1996, at 3:30 p.m. in the City Council Chambers, 'Fhird Floor,
City FIaII. 'co coasider the appeal of Dayton's Bluff Center .£or Civic L3fe
to a decision of the Planning Commission grantirfg a specia} condition use
permit to allow outdoor sales of used automobiles at 672 Rrcade StreeY
(noriheast corner of Arcade and Margaret). � _
Dated: January 4, 1996 �
NANCY ANDERSON - ,
HsslsYan[ GSt� Council Secref3ry � - - , - ' -
(January 8, 1996) ' ' �
DEPARTMb OF PLANNMG
& ECONOMIC DEVELOPMENI'
�1 c. - a.�t �
� . CITY OF SAINT PAUL
A'orm Co[eman, Mayor
January 12, I996
Dimsron ofPlanning
2S West Fourth Street
Saint Paul, MA' S�l02
Telephone: 612-266-6�65
Facsimi[e: 672-228-3314
Ms. Nancy Anderson
Secretary to the City Counci]
Room 310 City Hall
Sai�t Paul, Minnesota 55102
RE: Zoning File #95-284: DAYTON'S BLUFF CENTER FOR CNIC LIFE
City Council Hearing: January 24, 1996
PURPOSE: To consider an appeal of the Planning Commission's decision to grant a specia] condition
use permit to allow outdoor sales of used automobiles on property located at 672 Arcade Street.
PLANNING COMMI3SION ACTION: APPROVAL
ZONING COMMITTEE RECOMMENDATION DENIAL
STAFF RECOMMENDATION DENIAL
• SUPPORT: No one spoke.
OPPOSITION: One person spoke.
Deaz Ms. Anderson:
Dayton's Bluff Center for Civic Life has appealed the decision of the Planning Commission to grant a
special condition use permit that would allow an outdoor used caz lot on property ]ocated at 672
Arcade Street. The Zoning Committee of the Planning Commission held a public hearing on the
permit request on December 7, 1995. The applicant addressed the committee. At the close of the
public hearing, the committee voted 4-2 to recommend denial of the permit. The Planning
Commission overtumed the Zoning Committee's recommendation for denial and approved the permit
on a vote of 10-6 on December 15, 1995.
Tbis appeal is scheduled to be heard by the City Council on January 24, ] 996. Please notify me if
any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
%
��
�fe�-Y
Ken Ford
Planning Administrator
KF:kd
• Attachments cc: City Councilmembers
n�
.4PPLlCATION :=dR APPF-�1L
•+�1," Departmenr of Planning c.zd �'cano,:uc Develc ��x?nf
� Zoning Section
�++� 1100 City Ha[I Annez
25 West Founh Street
Saint Paul, MN 55102
266-6589
I:I;��!�wl�
,��,�0 Daytime
PROPERTY
LOCATION
�
TYPE OF APPEAL: Appiication is hereby made for an appeal to the:
❑ Board of Zoning Appeals
under the provisions of Chapter 64, Sect
appeal a decision made by the�`�
on �L' /J'� 1
(date of decrsion)
(�(i City Gouncil
i a b6 , Paragraph
File number:
the Zoning Code, to
•
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement,
permit, decision or refusai made by an administrative officiai, or an error in fact, procedure or
finding made by the Board of Zoning Appeais or the Ptanning Commission.
l 77z,e Z�runc �'omn2r.�-te-e_ ��tii,�rG� .�LP.Ct�mm.vn.e� �iuc;.� �J�t� ,
,11�,,?c�l ���film c� �^rm.� �.r,��C�7� ����'�f.d,� �. �j ��C�� d�����'�
�,c� c� ��„�� �cc�L'Ynt ��Ces , i,�h¢n Y'Jtiz i.�4�.�. � �� tU �z �i�t
c�rn�r �7? 'fjtie� "fB�1 k- Gt- � YGt2 G'Y1 � �,�tA�" .�'L� f� . ��2. �-�'
C��JtE� Fri��k- i�(lt.e j,{1�i.1��1� ,��'iDU ��J,G,�i7u�, f�t1l�: l�t2L� G�l? �TG�
`�u��" Cc. >cecJ ? Gc�l,.2 �� y �.e. CUrn.2 �. �'iJ}�,axr-cai�
��- �7i l.�6>2 �n //�O��z- ..¢���✓ ?�'11Rm %t` tl'1 (,��?��'✓t�taJ<
u1 � � �,��.t o� � �a�qhb�Yh�cd , .
�, � � L��,�Wla �C�,�i�n.� Lu �lg�f�� rn ? m . � - ; , � - �� Y �1ur� �n�'
Gt.yi�-�i �� n � � � ! �
/
Attach additiona! sheet if
ApplicanYs signature � � _ �.. � `/��� _ _ Date /� City agent�
city of saint paui
p�anning commission
file number 95-93
�te December 15, 1995
�
resolution
WI3EREAS, FREDERICK PARTLOW, file #95-255, has applied for a Special Condition
Use Permit under the provisions of Section 60.544(2) of the Saint Paul Legislative Code, to
allow outdoar sales of used automobiles on property located at 672 ARCADE STREET,
legally described as Lot 1; Otto's Subdivision of I.ot 15 of Otto's Subdivision; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on
December 7, 1995, at which all persons present were given an opportunity to be heard
pursuant to said application in accordance with the requirements of Section 64.300 of the
Saint Paul Legislative Code; and
WHEREAS, the Saint Pau3 Planning Commission, based on the evidence presented to its
Zoning Committee at the public hearing, as substantially reflected in the minutes, made the
following findings of fact:
The applicant has a contract to lease the property and intends to operate a used car
sales basiness. There will be one full-time employee and one part-time employee. The
hours of operation are expected to be 9:00 a.m. to 8:00 p.m. Monday through
Thursday and 9:Q0 a.m. to 6:00 p.m. Friday and Saturday. The applicant intends to
make improvemen[s. to the exterior of the building including repairing and painting the
fence along the eastern property line and painting the building a lighter color. He also
plans to plant three trees in the boulevard and fix an existing pylon sign. He states that
he wiil not pazk his cars on the street and that cars will not be repaired on the lot. The
small building on the site will be used as an office.
There is a screen fence installed along the east property line. The fence is in need of
some repair. There are bollards in glace all along the alley which do not allow for
alley access. The existing arrangement is preferable as it diverts tra�c from the
]argely residential alley.
2. Section 60.544(2) permits outdoor sales space for exclusive sale of new or secondhand
automobiles, house uailers or rental of trailers or automobiles, all subject to the
following:
moved by Gordon
seconded by Schwichtenbera
in favor 1 o
a��('�t 6(Kramer, Schwichtenberq, Chavez, Faricy, Morton, Wencl)
�
.
•
°�G- a��
Zoning File #195-255
Page Two of ResoIution
• a. The lot or area shall be provided with a perrnanent, durable and dustless
� surface, and shall be graded and drained as to dispose of all surface water
accumulated within the area.
This candition is met.
b. Vehicular access to the outdoor sates area shall be af least sixty (60} feet
from the intersection of any two (2) streets.
This condition is met. The driveway on Arcade Street is approximately 72 feet
from the intersection with Margaret and 60 feet from the intersection with
Arcade Street.
c. No repair or refinishing shall be done on the lot unless conducted within a
completely enclosed building.
This condition is met. The applicant understands an@ agrees to this condition.
3. Section 64.300(d} of the zoning code requires that before the pianning commission
may grant approval of a principal use subject to special conditions, the commission
� sha11 find that:
a. The extent, location and intensity of the use will be in substantial compliance
with the Saint Paul Comprehensive Pdan and any applicable subarea plans
which were approved by the city council.
This condition is met. The use is a relatively low intensiry commercial use
which is appropriate given the residential uses to the east and south.
b. The use will provide adequate ingress and egress to minimize traffic
congesdon in the public streets.
This condition is met. The proposed use is not expected to generate a
significant amount of traffic. The average daily traffic volume on Arcade
Street between Sixth and Seventh Streets is 6,700 (July, 1991).
On-street parking is permitted on the easT side of Arcade Street except from
4:00 p.m. to 6:OQ p.m.. On-street parking on the west side of Arca@e between
Seventh & Margaret is limited to 15 minutes from 8:00 a.m, to 6:00 p.m.
c. The use will not be detrimental to the existing character of the development
in the immediate neighborhood or endanger the public health, safety and
• general welfare.
Zoning File #f95-255 -=
Page Three of Resolution
This condition is met. The proposed use is a relatively low intensity �
� commercial use which is appropriate given the residential uses to the south of
the site. The used car lot will not be detrimental to the character of the
neighborhood or endanger the public safety and general welfare.
d. The use wili not impede the nornzat and orderty development and
improvement of the surrounding properly for uses permitted in the district.
This condition is met.
e. The use shall, in alI other respects, conform to the applicable regulakons of
the district in which it is Zocated.
This condition is met.
NOW, THEREFORE, BE IT R.ESOLVED, by the Saint Paul Planning Commission, that
under the authority of the City's Legislative Code, the application for a Special Condition
Use to allow outdoor sales of used automobiles at 672 ARCADE STREET is hereby
approved, subject to the following condition:
1. There shall be no more than seven (7) cars "For Sale" on the lot at any time and four (4)
off-street parking spaces shall be provided at all times. The totai number of cazs on the �
lot at any time shall not exceed 11.
•
•
PLANNING COMMISSION OF SAlr7 PAUL
City Ha11 Conference Center
15 West Kellogg Boulevard
Saint Paul, Minnesofa 55102
9c.-a��
A meeting of the Planning Commission of the City of Sainc Paul was hetd Friday, December 15, 199�,
at 830 a.m. in the Conference Center of Ciry HaU.
Commissiouets
Present:
Commissionets
Absent:
Mmes. Bader, Carter, Faricy, Geisser, Maddox, Morton,
Treichel and R'end and h4essrs. Chavez, Field Jr., Gordon, Gumey, Krarner,
McDonell, Schwichtenberg and Va�ght.
Ms.'Lund-Johnson and Messrs. *Lee, Marde(( and Riehle
'Exwsed
•
Also PresenL• Peter Wamer, Assistant City Attomey; Ken Ford, Planning Admmistrator, lean
Birkhofz, Kady Dadlez, Charles McGuire and Larry Soderholm of the Plannina Staff.
I. Appraval of Minutes of December I, 1995
IV.
�
V
Zonine
n9�-255 Fredrick Panlow - Special condition use pertnit to allo�i outdoor sates of used
automobiles (672 Asade St, northeast comer at Margaret; zoned B-3)
MOTSON: Gommissioner,llorton moved dznial af tLe reauestzd s�ecial epadiiion�use perciit
¢o alloiv�oexdoor Sales of used automabile> at £72_rlrcade Stree€. Tfre zoning�&rrijniGee
voted 4-2 oneabsteniion (Gueneyj. � � �
Discussmn ens�ed regzrdm� the many timr th�s case has been be`ure the commission, the
unusual size of the (ot, the building on the Iot, ihe suitability of this use ��ith the
comprehensive plan, the commercial uses ailowed in B-3, setbacks, and the probab�Iih� ot
allowing fewer cars.
The motian en ftie Roor;to den� Yhe, reqaested sge;�ial condi4iori �use permit in a4locyaatdoor
'�cates of,u"se3 automobiles kiled on a;�ro17 �calC vote nf S£9 E. � �� � �
Commissioner Geisser asked Commissioner Gumey why he abstained from voting on this
issue at the zoning committee meeting but did not abstain today.
CommissionerGumey replied that at that time, he feli he may have a wnflict; that conflict
no longer exists.
Discussion ensued regarding whetfier a tie vote to deny woutd mean the same thing as a tie
vote to approve, namely ihai no decision was reached.
MOTION;-,-�ocri]nissioper Gordan inDVed appznv„'a'1 nf 3he �equested specia! �oud'rfipn use
pennii to a}7o+� sales af used automobi?esat 672 Arcade Stceei. �EdrBmissioner
Schwichteaberg saron�ed [Ite motion.
Com'mis§ioner Fieid otfered "an arciea3menc €o the:mofiori that rvas accepted bp �ommissioner
Gocdon, 3o �the�num6er,df cacs_f9r";s3e ta 7 and to requite 4 parking "spaces;�
'Ttie motion on'lhe floor fa ap'�rave°tiie reaue'sted;�'s,pecis{'condition use-oerFisit wiih
conditions�cariie3ona��rolLcal[�t�ofe;of � �
Comnrehensive Plannino and Emnomic Pevelonme�t -
•
MINCTPES OF THE ZONING CONIMITTEE
CITY COUNCIL CHAMBERS, SAINT PAVL, MINNESOTA ON DECEMBER 7, 1995 •
PRESENT: Mmes. Faricy, Morton and Wencl; Messrs. Chavez, Field, Gurney,
Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant
City Attorney; Mmes. Dadlez and Peabody of the Planning Division.
ABSENT
Time: 4:55 - 5:15 p.m.
The meeting was chaired by Gladys Morton, Chairperson.
FREDRICK PARTLOW; 672 Azcade Street: #95-255; Svecial Condition Use. To allow
outdoor sales of used automobiles.
Kady Dadlez, Planning Division staff, reviewed the staff report and presented
slides.
Two letters of opposition were received and distributed.
The Dayton`s Bluf£ Community Council voted to oppose the permit.
Staff recommended denial oP the requested special condition use permit to
allow used car sales, based on £indings 3a and 3e of the staff report.
Commissioner Chavez asked why the setback requirements, a condition of this
application not met, was allowed in 1989. •
Ms. Dadlez was uncertain, however questioned if it had perhaps been overlooked
at that time and subsequently approved.
Commissioner Vaught said he served on the committee in i989 and thought it was
likely that trie reason they recommended approval was the question of what
other economic use could be made of the lot. •
Fredrick Partlow, the applicant, addressed some of the findings which staff
based their recommendation on. Mr. Partlow disagreed that the lot is too
small and asked that the committee approve his proposal. He further stated
that he was willing to work within any conditions established by the committee
and if after one year was not in compliance, he suggested that his permit
could at that time be revoked.
Betty Reynolds, 823 Margaret, spoke in opposition. Ms. Reynolds lives next
door to the lot and said that since 1987 when she purchased the home next
door, that there have been two dealerships that have sold vehicles there. Ms.
Reynolds addressed concern that since there is very little space between the
proposed lot and her yard that her yard has been used for refuse o£ the
dealership, and that currently there are batteries, a sign and other refuse
that belongs to the proposed property that have been placed on her property.
She further stated that the lot has been unkempt for the past six yeazs. She
addressed parking concerns and said that parking is very limited, and Ghat
residents have dif£iculty parking neaz their property.
Mr. Partlow responded that he should not be held accountable Por actions of
previous tenants. He said that he intends to clean up the property and keep
it clean, and pointed out that he has a contract to lease the property
provided he obtains the special condition use permit.
�
9�-a�1
•
•
•
Commissioner Wenc2 moved the staff recoaimendation for denial
Rramer seconded the motion.
Commissioner
Commissioner I{ramer although sympathetic to the need to utilize the property,
did not believe that a used car lot was the right use and said he would
support the motion for denial. He noted that there have recently been a
number of cases of used car lots located on Arcade before the committee, which
have all been larger than this proposal, and yet have found the need to return
to request that more cars be allowed on their lots.
Commissioner Gurney stated that he would abstain from the vote.
The motion for denial carried with a voice vote of 4 to 2(VaughL, Field
voting againat the motion, and Gurney abstained)
Commissioner Faricy was not present for the vote.
Submi ed by:
K��a lez �
2
Approved by: '
i 7
i ��.�� 4 ���/ �!/ �C1
Gla Morton
Chairperson
�
ZONING CONBSITT88 STAFF RBPORT •
3 S
FILB # 95-255
1. APPLICANT: FREDERICK PARTLOW DATS OF BEARING: 12f07/95
2. CLASSIFICATION: Special Condition Use
3. LOCATION: 672 ARCADE STREET (northeast corner at Margaret Street)
4. PLl�7NINC+ DISTRICT: 4
5. LBGAL DSSCRIPTION: Lot 1; Otto's Subdivision of Lot 15 of
Otto's Subdivision
6. PRSSffiIT ZODTING: B-3 ZQLS2NG CODB RSFHRBNCB: §60.544(2) &§64.300{dj
7. STAFF INVSSTI6ATZON ADiD RBPORT: DATB_ 11/30f95 BY: Kady Dadlez
8. DATB RBCSIVSD: 11/8/95 DBADLINE FOR ACTION: 1/6/96
====0=====______
evv""n=vv-voccvo'vvv'vecceszve==cvsoevvv'a==ee=eassao'=ooccvc=ccasx3o==-cso
A. PIIRPOSB: Special condition use permit to allow outdoor sales of used
automobiles.
B. BARCHL SZZE: The property rias 123 feet of frontage on Arcade Street and
39_41 feet of frontage on Margaret for a total 1ot area of 4,847 square
feet. •
C. SXISTING LAND IISB: The site is vacant except for a small building and
paved surface.
D. SIIRROIINDING LAND IIS8•
North: Liquor store immediately to the north and other commercial uses in
a B-3 zoning district.
East: One and two-family uses in an RT-1 zoning district.
South: One and two-family uses in an RT-1 zoning district.
West: Clinic, grocery store, drug store, and other commercial and
residential uses in a B-3 zoning district_
E. ZONING CODS CITATION: Sections 60.544(2} and 64.300(d) of the zoning
code permit outdoor sales used automobiles subject to the conditions
detailed in findings #2 and #3 of this report.
F. HISTORY/DISCOSSZON: The site was at one time used as a gas station. The
building on the site appears to date from that use. Until the early
1980s triere was a repair garage and commercial building on the north part
of the lot. Following is a chronology of recent approvals.
1976: The board of zoning appeals approved three variances for a 12 car
parking lot. The one variance relevant to the use now proposed
was a variance of a required 10 foot side yard setback between B-3
uses and residential properties.
1981: Special condition use permit approved for used car sales for 666
Arcade Street (south part of the site) with several conditions
including no certificate of occugancy until conditions are met and
limit of four cars. Use apparently was never established. .
Underground gas tanks were removed in 1981.
�l
qc.—a�l
. Zoning File #95-255
Page Two
1982: License issued for used car sales for four cars.
1983: Special condition use permit for used car sales approved with 10
conditions including limit of 16 cars for sale, 2 parking spaces,
and 6-foot visual screen on east property line. A neighbor spoke
in opposition because previous conditions not met.
1984: Field investigation by staff indicated several conditions not met
including excess number of cars on lot, Margaret driveway kept
open, no landscaping, and it appeared cars for sale parked in
street.
1987: Site plan approved for used car sales; requires screening fence
along east property line and bollards with chain to contain cars
on site.
1988: Special condition use permit application filed and then withdrawn
for trailer sales.
1989: Special condition use permit approved for used car sales.
Planning commission resolution indicates 14 car limit including
parking; SCUP limits sale cars to 10.
1992: Special condition use permit for used car sales was denied by the
planning commission. The applicant appealed to the city council
which upheld trie planning commission�s decision. Staff had
recommended approval of the permit with nine conditions as did the
zoning committee.
. G. DISTRICT COIINCIL RECObIIQBNDATION: The Dayton's Bluff Community Council
had not taken a position on the special condition use permit application
at the time the staff report was drafted.
The community council in 1992 voted to oppose the special condition use
permit citing concern for vandalism, lack of parking, test drives on
Margaret, and dubious economic feasibility with only 10 cars.
H. FINDINGS•
1. The applicant has a contract to lease the property and intends to
operate a used car sales business. He plans to have 10 cars for sale
and 4 off-street parking spaces. There will be one full-time employee
and one part-time employee. The hours of operation are expected to be
9:00 a.m. to 6:00 p.m. Monday through Thursday and 9:00 a.m. to 6:00
p.m. Friday and Saturday. The applicant intends to make improvements
to the exterior of the building including repairing and painting the
fence along the eastern property line and painting the building a
lighter color. He also plans to plant three trees in the boulevard
and fix an existing pylon sign. He states that he will not park his
cars on the street and that cars will not be repairec3 on the lot. The
small building on the site will be used as an office.
Triere is a screen £ence installed along the east property line. The
fence is in nee8 of some repair. There are bollards in place all
along the alley which do not allow for alley access. The existing
arrangement is preferable as it diverts traffic from the largely
residential alley.
• 2. Section 60.544(2) permits outdoor sales space for exclusive sale of
new or secondhand automobiles, house trailers or rental of trailers or
automobiles, all subject to the following:
�
� �:
Zoning File #95-255
Page Three
a. The Iot or area shall be provided with a permassent, durable aad
dust2ess surface, aad sha11 be graded and drained as to dispose of
a1Z surface water accumulated mitlxin the asea.
This condition is met.
b. Vehicular accesa to tke outdoor sales area skaZZ be at Zeast sixty
{60) feet £rom the iatersection of aay two (2) streets.
This condition is met. The driveway on Arcade Street is
approximately 72 feet from the intersection with Margaret and 60
feet from the intersection with Arcade Street.
c. No repair or refiaishiag shall be doae on the Iot ualesa conducted
�ithia a complete2y eacZosed building.
This condition is met. The applicant vnderstands and agrees to
this condition.
Section 64.300(d) of the zoning code requires that before the planning
commission may grant approval of a principal use subject to special
conditions, the commission shall find that:
r� L
The exteat, 2ocatioa and intensity of the use wiZ1 be ia
substantiaS compliaace xith the Ssiat Paul Compreheasive PZan aad
any applicable subarea p2aas which svere approved by the city
couacil.
This condition is not met. One of the land use and zoning goals �
of the District 4 Plan states, "to promote better buffering
between residential, commercial, and industrial land uses on and
around East 7th Street,..." p. 13. The District 4 land use policy
states that the district council will support development of new
or redevelopment of existing structures in industrial or
commercial areas only when accompanied by parking provisions as
established in the zoning code and by proper landscaping. The
applicant is able to provide the required off-street parking but
there is not adequate space on the lot to provide the required
four-foot setback and landscaping and still accommodate the
proposed number of cars for sale.
The Near East Side Improvement Strategy (NIS) completed in 1989
contains a set of strategies to address the issues of housing,
economic development, neighborhood image, transportation, parks
and recreation, land use and zoning, and education. The most
relevant part of the document to the propose use is the goals for
economic development. These goals include: 1) "concentrate
commercial land uses along existing commercial spines and at
existing commercial nodes; 2) improve and maintain the vitality
and appearance o£ commercial establishments; 3) phase out
commercial uses that are incompatible with adjacent residential
uses (e.q. auto body shops, used car lots)." (p. 23, goals 1, s,
and 9) The NIS was accepted as a policy statement by the planning
commission and the city council but was not adopted as part of the
city's comprehensive plan.
b. Tke use mili provide adequate iagress aad egress to minimize
traffic coageation ia tbe pubZic atreets.
This condition is met. The proposed use is not expected to •
generate a significant amount of traffic. The average daily
�il
� c, — �-'� �
Zoning File #95-255
� Page Four
traffic volume on Arcade Street between Sixth and Seventh Streets
, is 6,700 (July, 1991).
On-street parking is permitted on the east side of Arcade Street
except Prom 4:00 p.m. to 6:00 p.m.. On-street parking on the west
side of Arcade between Seventh & Margaret is limited to 15 minutes
from 8:00 a.m. to 6:00 p.m.
The use mill not be detrimental to the axisting character of the
deve2opmeat in the immediate neighborhood or endanger the public
health, safety and geaeral welfare.
This condition is met. The proposed use is a relatively low
intensity commercial use which is appropriate given the
residential uses to the south of the site. The used car lot will
not be detrimental to the character of the neighborhood or
endanger the public safety and general welfare.
However, theft of and vandalism to vehicles parked on Margaret
Street was identified as a problem when used cars have been sold
from the subject site in the past.
d. The use wi1S not impede the normal and orderly development and
improvement of the surroundiag property £or uses pezmitted in the
disErict.
This condition is met.
• e. The use sha2l, in a21 otfier respecEs, conform to the applicable
regulations of the district in which it is located.
This condition is not met. The site plan submitted does not
provide the required four and six-foot setbacks with landscaping
between public rights of way and the parking lot as required by
the zaning code. The site is too small to provide these setbacks
and still accommodate the proposed number of cars for sale.
In addition, while Section 61.103(b) requires side and rear yards
of at least ten feet when a business district adjoins a side yard
in an adjacent residential district, the board of zoning appeals
granted a variance of this requirement for this property in 1976.
In 1992 when the planning commission denied the special condition use
permit to allow the sales of used cars, the basis of that decision was
that the use did not conform to the required findings of 64.300(d).
First, that the use would be detrimental to the existing character of
the development in the area: on-street parking, theft and vandalism,
and an 8-foot chain link fence would detract from nearby residential
uses and recent improvements. Second, that the use does not conform
to the applicable regulations of the district in that the site does
not provide the four-foot setbacks with landscaping between public
rights-of way and the parking lot as required by the zoning code. The
site is too small to provide these setbacks and accommodate the
proposed number of cars for sale. Finally, the planning commission
denial cited the policy statement in the Near East Side Improvement
Strategy as discussed above in finding #3a. The city council's
resolution affirming the planning commission's decision cited the same
findings.
• 5. The off-street parking requirement for used car sales is one space per
400 square feet of office space and one parking space per 2,000 square
t�' �
Zoning File #95-255
Page Five
feet of outdoor display area. The requirement for the proposed use is
four spaces (two £or the of£ice space and two for the outdoor display
area). The site plan indicates four spaces.
There is a three-foot wide boulevard along Arcade frontage of the
property which contains no street trees. Street trees would improve
the appearance of the property by providing some visual relief and
screening and the applicant is planning to plant the trees.
STAFF ANALYS23: The progosed site, 4,847 square feet, is too small to
accommodate a used car lot and the required setbacks, screening, and
landscaping (the minimum lot size for a single family hame is greater at
5,000 square feet). Planning staff has seen similar problems in other
areas of the city where used car lots are squeezed onto small sites.
Placing conditions on permits to limit the number of cars on a lot and
require off-street parking does not guarantee that the conditions will be
met. Violations of these conditions occur regularly as evidenced by
enforcement actions in the Office of License, inspections, and
Environmental Protection. Staff has talked about this issue and believes
that establishing a minimum lot size for used car lots is an idea for the
planning commission to consider in a future minor zoning amendment.
STAFF RSCO2gfENDATION: Based on findings 3a and 3e staff recommends
denial o£ the requested special condition use permit to allow used car
sales.
7 J
�
�
LJ
i
� J
,�..
�,
��
ee�e',
SPECIAL CONDITION USE PERMIT APPL(CATf4N
Department of Planning and Economic Development
Zoning Section
II00 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102
266-6589
APPLICANT
��€� �o: : :
�-r
_ a� �
�`
,.::
T�ntati+ts #�e�ris�g date
��` �� f�
/r dr� c �
��? y
City S I -
Name of owner (if
�
% Daytime phone ��� 1 s� �
.�
PROPERTY
LOCATION
Address/Location � � �- � l�G A 1��
Legal description: Ry r�' i'� �tr ir si <fs L vf v r��a/
Current Zoning�_
(atfach additional sh if necessary)
TYPE OF PERMIT: Application is hereby made under the provisions of Chapfer G�O
Section 5 y�l , Paragraph � ot the Zoning Code for a:
�Special Condition Use Permit ❑ Modification of River Corridor Standards
❑ River Corridor Conditional Use Permit
SUPPORTING INFORMATlON: in the space below supply information that is applicable to your type of
permit (attach additionai sheets if necessary)
• SPECIAL CONDITION USE' Explafn how the use wiff ineet each of fhe special conditions.
• RIVER CORRIDOR CONDITIONAL USE. Describe how the use wili meet the applicable conditions.
• MODIFICATION OF RIVER CORRIDOR STANDARDS Expiain why modifications are needed.
�� (O G/��' �ri� cat Fb.^ Sule af ane f.me Acc. I/d'�Et7
%G
�, .,:�Yl� r�•xc� s F�cr� CtiSi'�7; kno� 1 Fot e�O l'ee
.�. L o c/� ,'n5 rv. < p
�: �x 1'�nce ancf kY<�' i
�t. 1. w,!! F:'X `�YLe.� S.�jY
O E;: a. D��1 '1'6i [ S/ /'E& f
3: Z,, , u a � ,�'' k«I
�(, /Vc cAP, u�!/ C{c `e�• �`� cn i'h e L°T
c cz. A ti
7� £��'!! `�Lu-nf thrre %ree5 �tn Nrc� si'rcc.� ao�a (c✓urr�
• Required site plan is attached �
Applicant's signatur��'����: r%.? �.��';%. �✓ DateN%u - �- yS`City
��
�ec�riG� � � �Go w
G 7z f1R�AdE
� Wi,f/ �c�e0 _. .f/�C, _Gof" c�e.n .�.rt./ Z' w�_// �6T
��?V.2----. lTt2».�1-- �f�lQ__- a�T''r _ �?.C�_S _.. oK ?h � Le �'
. . t w�a �o "'F°t--i:r-. r.�k�;- .Ta _o��,� _.r_��r2 4�t AT
�:�� 672.__f�rc.�ol�_ �e �- rt,e n/�.s,-� �h< <a� �ot F�v�.
,..
�n�,��e.s.rv af`te. '�"ha� T.' .� 1 Da NO_T' 1teeP _it
�,_.��.____ �`�f? _�"ohe� N+�, �e���'� _ —_
_. __ .___- -.._..__- —�_ � 1�..'7`" Ttie3 ---._._._' �.�____F.�.�___.�.
)� L w� 'Tr r ,.v �-�_ ��._.._�
�: ._�
i
2. � w.'!1 �a�`n?" fi`he Fe.�c� 4
�
,
.,. _ --i---- _.
i
- i
�
�
�
d, �n�` ���
_
_ _�I���� . �t�.E _ 5• 255 _ _ __
�S=
� J
•
T
�
f=
F+
0
e
t
M
I
� �i
���Vi�� ���� �'?
�
�
n
D
C
�
I
o s a
�, ' " S
�
N p
� 9
1
n
� N
�
P -
� �
C c
''� � �-�.
T ry
� R
]
O � � � n
x D �
t '€ e
v
? o
,
t
a �
�
c
S
� �
� �
� � ?
� e
, ry, ,
i �
1? y
h ,
.�
�
o a w
a
, , -r
���« r- �( � �.y
�,_o��
q1,-a��
C. _�
� �n1
R v l
a
R
� �
�
�
Dv
a
�
b -,a G�
�� �
3 ,-a "
A �
a v
e r '
m
�
�
�
c� �
a N C
� �
�
y c� i� ,- 'T ->
„�� 4A�n ✓AY
sF<<r <,..: �
i i% � v�"•'�`� IVL)O�V V �1���(!lU
��'✓�_' � `� Council
��`` - �' 4 nQ. �(,iCO�tn�''S G� i v� l�►�2-`� GYeen
RESOLUTION
,,, CITY C?F;SAINT PAUL, MINNESOTA
/ `� � . - - - —��,�
Referred To-_—/ . •� Committee: Date 79 92
� -- zn�„a .
1 ------ .,
2
3
4
5
6
7
8
9
1C
11
12
13
14
15
16
17
18
19
2Q
21
22
23
24
2S
2b
27
2$
29
30
31
32
33
�4
�5
7
Presented By
�
R�C,� �
n_
Whereas, Greg Handzlik, 890 E. Cook, Saint Paul, Minnesota 55106, made
application to the Planning Commission for a special condition use permit so as to
operate a used car sales business
pursuant to the provisions of the Saint Paul Zoaing Code for property located at 672
Arcade Street, legally described as L.ot 1, Block 103, Otto's Subd. of Lot 15 of Otto's
subd, Saint Paul, Rarnsey County; and
Whereas, The Zoning Committee of the Planning Commission conducted a public
hearing on August 3, 1992, after having provided notice to affected progerty owners, and
submitted its recommendation ta the Commission. The Comuussion, by its Resolution
92-61, adopted September 25, 1992, decided to deny the apptication based on the
following findings and conclusions:
1. The proposed use does not conform to 2 of 5 required fmdings for
all special condition uses specified in section 64300(c}.
�
N
�
�
�
�
�
..�
�
�
N
2. The proposed use would be detrimental to the existing chazacter of
surrounding residential development and would endanger the general
public welfare. There are only two off-street parking spaces, which would
result in customers parldng on Margaret Street. Theft of and vandalism to
vehicles parked on Margaret Street has been a problem when used cars
have been sold from the subject site in the past. Finally, the eight-foot
high chain link fence proposed by the applicant would detract from nearby
residential uses and from recent improvements to the East Seventh
commercial district.
3. The site plan submitted does not provide four-foot setbacks with
landscaping between public rights-of-way and the parking lot as required by
the Zoning Code. The site is too smali to provide these setbacks and
accammodate Lhe proposed number of cars for sale. While Section
61.103(b) requires side and rear yards of at least ten feet when a business
district adjoins a side yard in an adjacent residence district, the Board of
Zoning Appeais granted a variance of this requirement for this property in
1976.
4.
The Near East Side Neighborhood Improvement Strategy (1�IIS), compieted
in 1989, contains a set of strategies to address the issues of housing,
economic development, neighborhood image, Transpartation, parks and
recreation, land use and Zoning, and education. The most relevant part of
the document to the proposed use is Yhe goals for economic development.
These goals include "improv[ing] and maintain{ing] the vitaliry and
appearance of commercial establishments and phas[ingJ out commercial
File # —� 3�
Sheet #
�?�7��
� ;
�
�
�i
��� �� � uses that are incompat'ble with adjacent residential uses (e.g., auto body
� '^ 37 -
� 2 shops, used car lots):' The DtIS was accepted as a poiicy statement by the
3 Planning Commission an@ the City Council. Gl `_ a ��
4
S Whereas, Pursuant to the provisions of Section 64.2d5, Greg Handzlik, duly £led
with the City Clerk an appeal fram the determination made by ihe Pianning
7 Commission, requesting that a hearing be held before the City Council for the purpose
8 of considering the actions taken by the said Commission; and
10
11
12
13
14
15
16
r�
ia
19
20
21
22
23
24
25
26
�
Whereas, Acting pursuant to Sections 64.205 through 64.208, and upon notice tc
affected pariies a public hearing was duly condncted by the City Councit on November
19, 1992, where aIl interested parties were given an opportunity to be heard; and
Whereas, The Council, having heard the statements made, and having considered
the application, the report of staff, the record, minutes and resolurion of the Zoning
Committee and of the Planning Commission, does hereby
Resolve, 'I'hat the Council of the City of Saint Paui does hereby afiirm the
decision of the Planning Commission in this matter based on ihe findings made and
determined by the said Commission; and be it
Further Resolved, That the agpeal of Greg Handzlik be and is hereby denied;
and, be it
Finaily Resolved, That the City Clezk shal2 mail a copy of this resoiution to Greg
Handzlik, the Zoning Administrator and the Planning Commission.
��'���� ���,� °��' 255
__.e______.
Requested by Department of:
Adoption Certified by Counci S�cretary
n c �
i
$�: � � �� C�, ,
�proved by May� Date , Q�C' �. 8 ���
� � � �
G ,�.� �..; . -: �
By: `
By:
Form Appr ved by City
BY ; � /'
�
Appro�ed Mayor�or
Counc�.2j
v
s _
Submission to
��
Adopted by Council: Date DEC 1 0 i992
- �a�h�� �{ COWtwI.iSSi4n �so`�-�o�
city of saint paui ��i �''� �U`c� �.o�d��is,-, �Se pe,,,,�.;-}-.
planning commission resolution
fiile number 92-61
�te September 25, 1992 , • �
WHEREAS, GREG HANpZLIK, file �92-161, has applied for a special condition use
permit, under the provisions of Section 60.544(2) o£ the Saint Paul
Legislative Code, to allow outdoor used 'car sales on property located at
672 ARCADE STREET, legally described as Lot 1, Block 1D5, Otto's Subd. of 7.ot
15 of Otto's Subd.; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing
on August 3, 1992 at which all persons present were given an opportunity to be
heard pursuant to said application in accordance with the requirements of
Section 64,300 of the Saint Paul Legislative Gode; and •
WHEREAS, the Saint Paul Planning Commission made the following £indings of
£act:
1. The proposed use does not confor� to two of the five required findings for
all special condition uses specified in Section 64.300(c). These
conditions and the inabil'ity of the proposed use to meet them are as
f ol l ocrs :
a. The use wiZl not be detrimenta2 to the existing cheracter of tne
developc�ent in the imraediate neighborhood or endanger the pc�bZic healtn,
safety and general welfare. (§64.300jc)(3))
The proposed use would be detrimental to the existing character o£
surrounding residential development and would endanger the general public
wel£are. There are only two off-street parking spaces, which would result
in customers parking on Hargaret Stzeet. Theft of and vandalism to
vehicles parked on Margaret Street has been a problem when used cars hzve
been sold from the subject site in the past. Finally, the eight-foot high
chain link fence proposed by the applicant would detract �rom nearby
residential uses and from zecent improvements to the East Seventh
commercial district.
b. The use shall, in aI1 other respects, conform to the eppZicable
regulations of the district in which it is Socated. (§64.300(c)(5))
The site plan submitted does not provide £our-£oot setbacks with
landscaping between pubiic rights-of-way and the parking lot as required
moved by x=RTE
seconded by ?
in favor ��
against 6
ZC)���� F��� a 5�255
•
�
•
�, . 3
a� _ a�1 �,
by the zoning code. The site is too sma12 to provide these setbacks and
• accommodate the propased number of cars for sale. While Section 61.103{b)
requires side and rear yards of at least ten £eet uhen a business distzict
adjoins a side yard in an adjacent residence district, the Board of Zoning
AppeaZs granted a variance o£ this requirement for this property in I976.
2. The Near East Side Neighborhood ZmFrovement Strategy (NIS), completed in
2989, contains a set of strategies to address the issues of housing,
economic development, neighborhood image, transportation, parks and
recreation, land use and zoning, and education. The most relevant part of
the document to the proposed use is the goals for economic development.
These goals inc2ude "improv[ingJ and maintain[ing] the vitality and
appearattce of commercial establishments and phas[ing) out commercial uses
that are incompatible with adjacent residential uses (e.g. auto body
shops, used car lots)," (p, 23, goals 8& 9) The NIS was accepted as a
policy statement by the Planning Commission and the City Counci2.
NOW, THEREFORE, $E IT RESOLVEB, by Lhe Saint Paul Planning Commission that,
under Lhe authority of the City's Legislative Code, the application for a
special condition use permit to a1Zow outdoor sales of used autocaobiles at b72
ARCADE STREET is hereby denied.
�
� ������`�� ���� �5�2 �
�
�1 C
_ DEC 05 '95 15�59 THE SHELARD GRCUP -
December 5,1995
Kadq baRllez
Zorring Committee
25 Wast Fourth Street
SaiatFaul,MMAii SSiU2
�
�ECEwv��
a�c a 5 �ss�
Z���E�
P.2
i�..L
SERYlCES C6MPANY
� �
t am writing w you, onbelratfof our eiieat; re�ardin8 � public hearing w be held Thursday>
December 7, regarding a request for a special conditian use penstat for asat automob�le sales•
�Ih012$ I W!ll }�C tRl3blE t0121CAd Y� �188T}Ii$, 1 V�T111LCd YO CO2SiAGC'JOU A'ltll OUf iC[jid89L fOf dEnf21
0��119 COl�iti0A91 p@rLOit.
OItF COIPOIflttOII IG25C3 eIId lilAiiB�� t�i� FsopCRy at SOO ESSt �'� Avemie, farmesly
c�ccupied b9 3M. A.ppmvai of the requested canditianat use pernut w�tt c�rrecxly impact our
propecty. 'Fltie propased lot on Arcade and Margarei is a smail iot, that wouid likety generate a
nagutive appcai, should it be SUed with used csrs. Msiny used car tots have a reputstion for
�istractiag sigaage, ppcx upkeep of the grounds, aad a geaerall}' �u8ative aPP�•
Our campaay favors the gtowth and revitalization of tfus neighborhood tlu'ough pco$tams such as
the Phx3ea Corridor project and other simiLu orgatlized impravements. It is our belief sket sturC
are othns use,s that wauld bc more favorabte for tlus site, s�2ch as a reststuaat ar other similar
establislunent, which woutd bring People iata tFus neigl:borhood as we31 as senrice persons
frequentiung the nei�borhood.
I wouid appreaate your shaiing our concerns with the ather members af tbe zaning coa+arittee,
and fiu�thet deay the request fos a�pwial condition usc permit. Thamk you for pour considetation.
�Y,
�� R�� ��
�
Progerty er
cc: Mr. Ricfiard �Vells, Capozzali Advisory for Pensions, Inc.
�
�
rssn E,te�py ���: r.��v�
$L PA+��, Mr Si7{YJ
(61B 547-5(ltfi
taX (6l ll 6�1-%208
•
a�.a��,
���������
C�
DEC 0 6 199a
Carol J. Murto
Robert A. 5�icpon
833 East Margaret Street
Saint Paul , ?�4A 55106
December 5, 1995
��!F��`:
Zoning Committee
Kadt� Dadlez
25 West Fourth Street
Saint Paul, Mti 55102
Dear Ms. Dadlez,
kith regard to the request for special conditio2Z use permii t.o
alloo: outdoor sales of used automobiles, Zoning File tiuml�er 45-
2;��, Zoning File �ame Fr�derick Partlov+;
As neighbors in close proxitnitl- to 672 Arcar�e we would requesr
that the special condition use permit be ��eniecl.
tie ma):e this request for the follo�+ing reasons;
The pron�ri} is r�ntit too small Yo hold this kind of bt�sinFSs
� �.s i�usiness }.�arkii,g would effect our street (Margaret Street} and
create eoilgestion on ai� already congested street, ie. hould
in�erfer ;:ith residential parking.
Tiie business location is facing Arcade Street, a cer5 Uus�'
traffir_ area. Because c.f the lack of parking space, this could
crea*.e a traffic tiazard. Past eknerience has shown that this type
of business run from thia locatio,i has also created noise and air
�ollution, ar�d the property owner showed no respect or concerzz
f�r the neighborY�ood while runnJng this business.
Our experience in the past with a car dealersYiip t�eing at this
loc�tion has alread}� proeen these facts to be true. In addition,
the aw of the property has; procen ocer time and quite
censistentlg that he does not take care of his property, nor does
he shoca respect to the residents of this neighborhood.
He has painted all of the property black, and has put aip
billboard signs of insalt to the neighhorhood resir;ents. He h�s
pro� ocer time that he is not considerate or concerned ahaut
Lhe residents and *_he area, therei�y gzving us reason to belieie
that orhether he plans to run this auto dea2ersi�ip himself, or
rent to another party, that he will not manage the property �aitti
ac1} degree of care or respect to this neighborhood.
i
�
It is unfortunate triat such a small building and parking lot
intended for business use, eaen exists in this residential area.
At one ±ime it served a purpose but now it serves as an et
and has outlived it's time for practical applicatior;.
�our cor.siderat�an is greatly appreciated.
I�
L
•
�lb-��1�
i. SL3NRAY-BATTLECREEK-HIGHWOOD
2. HAZEL PARK HADEN-PROSPERITY HILLCREST
3.
C. DAYTON'S BLL'FF
5. PA
6. NORTH END
7. THOMAS-DALE
8. SUMMIT-UNIVERSI'I'Y
9. WEST SEVEN'IT-I
10. COMO
il. HAMLTNE-MIDWAY
12. ST. ANT FIONY PARK
13. MERRIAM PARK-LEXIIv'GTON HAMLINE-SNELLING HAMLIiv'E
14. MAC,ALESTER GROVELAiv'D
I5. HIGHIAND
16. SUMMTT HTi�
17. DOWNTOWN
� ZQNiNG FILE �-
CITIZEN PARTICIPATION PLANNING DISTRICTS
�
�
Y70N'S BLUFf
DISTRICT 4 �N �--a���- � A°° „ m°° �'
� ������ ���� �'�
i
� J
� T
u - -�
�p s�
_�
��
..�' \
��� C
�
T ��
- `� �
�
�� � �
�iQ� �
' � �¢���
;
`� �
�« �
,
� :\'�.
c U
� P1 P l.
. , - o
;¢
: � �
00000
1• lJ
� I .I U
\. a J
� � � I
U
_.�'�
P �
..�c. io.•.
a
� �
�
i
t=l=' �"
cn
�._ . ..
� �� Q pC
F � ,.
►
— -- ! � r ►�
,- �
po . o) '
�,�% . ' 'T,��1
�
a. � "' /" �`i�
�� ,
� ��
, �Y i' 'Z�'�'`,�
� 9 �� �},�
, ' . � ��<��s
i '��,,
�, �- . - � �
�
�
S1X7H
��
� �
n
�
. , �
r p '.� �.;..
J- �
,
OY \ J -_
l
a ��,,, Q ,� ; ,
� � � .+, �
-3 f '� Q' �,
���� . � � � �.�i�����
�f : . :... i :d,. �
O �
,�'
��� � iO b J J'r� v; �l^
..�
� � �
� � :�¢o,�a.�.
�
, � i_�
( �7�_T �
� o N + q alQ�o o;�jo
. � �_'o�;.�
- ct �"
� £�
���� % ;�
0
V o `_" �_
�� C a�
'FIFTH
� �o� �,� � � � ���o���� o�d�
�.y �,�'i� �� ,
N i. � /\__ ______� —
APPLICANT_ 1 �'�'✓�1'� 'rp(R.r���
PURPOSE___ �C'U�
� #— "'a----=" ,._ OATE � � � f f�
PLNG. DlST__�` MAP #
SCAIE t' = 40Q'
�
o;�� ,o;o,qi�
6 i ! 1
T" f.� : T l l
LEGEND
�� zoning district boundary
�� subjed property nort` h
. ♦ � �
♦ � a it)du
Y �aca
0 one farrdly
� tvra family
L.L�r C� muttip�e fam�ty