93-2�������� �,
Council File # I�J + �
Green Sheet # � /`�� �
RESOLUTION ,�-4
CITY OF SAINT PAUL, MINNESOTA ��
� ,
Presented By � ~
Referred To Committee: Date
WHEREAS, Lily of the Valley Inc. , DBA Lily of the Valley Restaurant at 890 East
Seventh Street has applied for a Modification of Parking Requirements for a
liquor license to reduce the required off-street parking from 28 spaces to 15
spaces; and
WHEREAS, notice of a public hearing before the City Council was duly mailed .to
each owner of affected property within 350 feet of the property for which the
modification of parking requirements was sought; and �
WHEREAS, the City Council based on evidence presented at the public hearing as
substantially reflected in the minutes make the following findings of fact:
1. The Lily of the Valley Restaurant has been in operation at this
location since June 4, 1987. It is primarily a neighborhood-oriented
business with much of its business as take-out. It currently has 74
seats and is not planning to add any additional seating capacity to
the restaurant. Its hours of operation are:
Monday - Thursday 11:00 A.M. - 9:00 P.M.
Friday 11:00 A.M. - 10:00 P.M.
Saturday 12:00 noon - 10:00 P.M.
Sunday closed -
2. The applicant has indicated that its busiest times are between 11:00
A.M. and 2:00 P.M. and between 5:00 P.M. and 8:00 P.M. primarily on
weekends. The applicant also reported that its regular customers have .
asked for beer and wine to be available on the menu. The applicant
indicated that their application for the parking modification is
actually in response to their customers' requests for beer and wine
to be served with their meals.
3. According to the applicant's attorney, John Hargens, over the
years many of the applicant's customers have either parked on the
street or walked to the restaurant from nearby businesses. Mr.
Hargens has indicated that parking has not been an issue with the
restaurant customers, many of whom work for nearby businesses such
as 3M or the Norwest Bank.
4. The Lily of the Valley Restaurant currently has no off-street
parking spaces but is grandfathered in with 15 spaces based on the
continuation of a restaurant use at this Zocation. The applicant has
indfcated that there is adequate on-street parking in the immediate
area. The applicant owns the building containing the restaurant. The
building provides 3 parking spaces in the rear of the structure for
the two upper apartments.
���t��i��� 93T�
✓
5. The restaurant currently has no shared parking arrangements with
nearby businesses. The owner of the restaurant has found that shared
parking spaces with the adjacent 3M parking lot is impractical since
the lot is usually mostly filled and it is a contract parking lot.
6. The applicant's attorney estimates that no more than 3-5$ of the
total sales of the restaurant will be derived from beer and wine
sales. Mr. Hargens also indicated that Lily of the Valley Restaurant
intends to serve wine and beer only as a menu item and not
separately. The restaurant also does not intend to promote or
advertise the availablity of wine and beer on the premises apart from
listings on the menu.
7. The attorney of the applicant has indicated that there have been no
complaints about Lily of the Valley Restaurant since they opened in
mid-1987.
8. On December 8, 1992 the Dayton's Bluff Community Council Land Use
Committee approved the request for modification of the parking
requirements for Lily of the Valley Restaurant. Susan Omoto,
Community Organizer, indicated that she expected the Community
Council would recommend approval to the City Council at the next
Council Board meeting.
NOW, THEREFORE, BE IT RESOLVED, by the City Council that the Modification (I.D.
98118) of Parking Requirements from 28 spaces to 15 spaces by Lily of the Valley
Inc. DBA Lily of the Valley Restaurant at 890 East Seventh Street be and the same
is hereby granted:
Yeas Navs Absent
ri�'"mm �-
ue�r n °
o� � Requested by Department of:
acca ee �
�ef�man Plannin and om Develo ment
u'i'F ne— �
iA�ri— �
By:
Adopted by Council: Date JA� 5 1993
Form Approved City A orney
Adoption C � � d by � ecretary By:
B � '.� /� �.I•
Y� i
' Approve by Mayor for Submission to
Approved b ;M�or: Date�'�� �- � �� Council �
/� i� g 7'1���li�I/'
By; l �:?a11��r� y:
t F� ror�' -� .��r�j , ���
i
93 -z
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED *T� ` ♦ Q��♦
PED - Planning 12-10-92 GREEN SHEET i� �� ,.
CONTACT PERSON 8 PHONE INITI INITIAUDATE
DEPARTMENT DIRECTOR �CITY COUNCIL
MdY'V Bunnell 228-3368 Ag$��N CITYATTORNEY �CITYCLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR gUDGET DIRECTOR �FIN.&MGT.SER ES OIR.
ROUTING
ORDER MAYOR(OR ASSISTANT) Corne i o
Januar 5, 1993 � �
TOTAL#OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Review and consideration by City Council for request for modification of parking
requirements for Lily of the Valley Restaurant at 39t� East Seventh Street (License
I.D. #98118) . Public Hearing January 5, 1993.
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLIOWING QUESTIONS:
_PLANNINQ COMMISSION _ CIVIL SERVICE COMMISSION �• Has this pe�son/firm ever worked under a contract for this department?
_CIB COMMITfEE _ YES NO
�STAFF _ 2• Has this person/firm ever been a city employee?
YES NO ,
_DISTRICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVEI YES NO
Explaln all yea answers on separats sheet and attach to green sheet �
INITIATINCi PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
Lily of the Valley Restaurant requires a variance of 13 additional parking spaces for a
liquor license, it does not currently have these spaces. Q���'�
RECEfV�D
11 �
16 1992 �EC �5 .1992
oEC C1TY A
ADVANTAGESIFAPPROVED: �RYOR�� �F
Approval would allow Lily of the Valley Restaurant to provide liquor as a menu item to
an already established restaurant clientele.
DISADVANTAEiES IF APPROVED:
None V��,'�_•� .,�
�,,..
•�
'4 .-,,.._.�
r
�E�2 2 �992
DISADVANTAGES IF NOT APPROVED:
Potential for reduced business for Lily of the Valley Restaurant.
RECEIVED
��c 2 9 1992
CITY CLERK
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) �1,'
W
NOTE: COMPLETE DtRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept.Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. Ciry Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
8. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Axounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. Ciry Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
� 6. Chief Acxountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are.required and paperclfp ac tlag
�ach of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or oMer of importance,whichever is most appropriate for the
issue.Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENOATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project .
or request.
ADVANTAC�ES IF APPROVED
Indicate whether this is simply an annual budget procedure required by Iaw/
charter or whether there are specific ways in wh�h the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed (e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved?Inability to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
�
DEPARTMENT OF PLANNING r,,r�-~"'��\ �'" _� �
&ECONOMIC DEVELOPMENT }
,� ���,�
,�
CITY OF SAINT PAUL Division of Plunning
James Scheibel,Mayor 25 West Fourth Street Telephone: 612-228-3200
Suirtl Pau/, MN 55102 Fucsimile: 612-228-3220
�?E�;EIVED
December 11, 1992 ��� 2 9 �992
C1TY CLEf�K
Molly 0'Rourke, City Clerk
Room 386, City Hall
Saint Paul, Minnesota 55102
RE: Modification of Parking Requirement for Lily of the Valley Inc. DBA Lily
of the Valley Restaurant at 890 East Seventh Street (License ID #98118)
City Council Hearing: January 5, 1993
I
Dear Madam:
I
Attached is the staff report for the request by the Lily of the Valley
Restaurant for a reduction in the amount of parking required for a beer and
wine license.
The Lily of the Valley Restaurant wishes to provide beer and wine to their
customers, but does not have sufficient land to accommodate the required
additional parking. In calculating the additional parking required for this
requested liquor license, the Lily of the Valley Restaurant is 13 parking
spaces short.
The Lily of the Valley Restaurant has found that shared parking spaces with
the ad�acent 3M parking lot is impractical since the lot is usually mostly
filled and it is a contract parking lot. It is likely that this restaurant
with a liquor license will not serve substantially more customers than it
currently serves without a liquor license.
Staff recommends approval of the requested modification of the parking
requirements fot the Lily of the Valley Restaurant from 28 to 15
(grandfathered in) off-street parking spaces.
Q3 -2
,,.
LIQUOR LICENSE STAFF REPORT
1. APPLICANT: LILY OF THE VALLEY INC. (John Hargens) LICENSE ID: #98118
2. CLASSIFICATION: Modification of Parking DATE OF HEARING: O1/OS/93
Requirements for Liquor License
3. LOCATION: 890 East Seventh Street (South side between Mendota & Forest)
4. LEGAL DESCRIPTION: Lot 13, Block 4, E.M. Mackubin's Addition to Saint Paul
5. PRESENT ZONING: B-3 PLANNING DISTRICT: 4
6. STAFF INVESTIGATION AND REPORT: DATE: 12/11/92 BY: Marv Bunnell
A. PURPOSE: The applicant is requesting a modification of parking requirements
for a liquor license in order to permit the applicant to serve on sale beer and
wine in the existing Lily of the Valley Restaurant. Based on the proposed patron
service area within the building, the Zoning Administrator calculated that to
meet the licensing requirement the applicant would have to provide 13 additional
off-street parking spaces.
B. LEGISLATIVE CODE CITATION:
Parking: Section 410.04 of the Legislative Code requires that
establishments with on sale liquor licenses provide one off-street parking
space for every 45 square feet of patron area. However, it provides for
modifications of this requirement:
"T'he council may modify the off-street parking requirements contained in
this section. . .upon findings made by the council that granting of such
modification would not have a substantial detrimental impact on the
surrounding neighborhood. Modification, if granted, shall be by resolution
adopted by at least five (5) affirmative votes."
"In granting any modification, the council may attach reasonable conditions
regarding the location, design, character and other features of the
licensed structure and parking area deemed necessary for the protection of
the adjacent neighborhood."
C. SITE AND AREA CONDITIONS: The property has an area of 3,369 square feet, the
property has two apartments on the second floor with three parking spaces in the
rear for the apartments. Ad�acent businesses include 3M buildings across E.
Seventh to the north and across Minnehaha to the south, duplex and single family
residential structures across Minnehaha to the southeast and a bar directly to
the west.
D. BACKGROUND: Lily of the Valley Restaurant currently has 1,471 square feet
of usable floor area with 1,240 square feet of patron area and seating for 74
�1� -"L ,f
individuals. The restaurant presently has no additional off-street parking but
has been grandfathered in with 15 spaces. The difference between the 28 spaces
needed for the requested liquor license and the 15 spaces that they are credited
with is the thirteen parking spaces that they need a parking modification for.
As of the date of this staff report, the District 4 Community Council has not
taken a position on this matter.
E. FINDINGS:
1. The Lily of the Valley Restaurant has been in operation at this
location since June 4, 1987. It is primarily a neighborhood-oriented
business with much of its business as take-out. It currently has 74
seats and is not planning to add any additional seating capacity to
the restaurant. Its hours of operation are:
Monday - Thursday 11:00 A.M. - 9:00 P.M.
Friday 11:00 A.M. - 10:00 P.M.
Saturday 12:00 noon - 10:00 P.M.
Sunday closed
2. The applicant has indicated that its busiest times are between 11:00
A.M. and 2:00 P.M. and between 5:00 P.M. and 8:00 P.M. primarily on
weekends. The applicant also reported that its regular customers have
asked for beer and wine to be available on the menu. The applicant
indicated that their application for the parking modification is
actually in response to their customers' requests for beer and wine
to be served with their meals.
3. According to the applicant's attorney, John Hargens, over the
years many of the applicant's customers have either parked on the
street or walked to the restaurant from nearby businesses. Mr.
Hargens has indicated that parking has not been an issue with the
restaurant customers, many of whom work for nearby businesses such
as 3M or the Norwest Bank.
4. The Lily of the Valley Restaurant currently has no off-street
parking spaces but is grandfathered in with 15 spaces based on the
continuation of a restaurant use at this location. The applicant has
indicated that there is adequate on-street parking in the immediate
area. The applicant owns the building containing the restaurant. The
building provides 3 parking spaces in the rear of the structure for
the two upper apartments.
5. The restaurant currently has no shared parking arrangements with
nearby businesses. The owner of the restaurant has found that shared
parking spaces with the adjacent 3M parking lot is impractical since
the lot is usually mostly filled and it is a contract parking lot.
6. The applicant's attorney estimates that no more than 3-5� of the
total sales of the restaurant will be derived from beer and wine
sales. Mr. Hargens also indicated that Lily of the Valley Restaurant
intends to serve wine and beer only as a menu item and not
separately. The restaurant also does not intend to promote or
advertise the availablity of wine and beer on the premises apart from
�3-2�; ,
listings on the menu.
7. The attorney of the applicant has indicated that there have been no
complaints about Lily of the Valley Restaurant since they opened in
mid-1987.
8. On December 8, 1992 the Dayton's Bluff Community Council Land Use
Committee approved the request for modification of the parking
requirements for Lily of the Valley Restaurant. Susan Omoto,
Community Organizer, indicated that she expected the Community
Council would recommend approval to the City Council at the next
Council Board meeting.
F. STAFF ANALYSIS AND RECOMMENDATION: Based on findings 1 through 8, staff
recommends approval of the requested modification of parking requirements from
28 to 15 off-street parking spaces.
City of Saint Paul ��I ��
- ' Department of Finance and Management Services ���T�1
` License and Permit Division �J
203 City Halt
St. Paul, Minnesota 55102•298-5056
APPLICATION FOR LICENSE .
CASH CHECK CLA -NO. New Renew
0 � " ,-� 0U r���, . -
Date � _•'l �� �g `�1 Z
Code No. Title ot License
From 19_To 19
�C�C�.-,-�. 1 G 1..�� �.-�c.i�"1Q�• .�i� � `� � I � � 7 't i 1 ' �
f � 100 �._..���_� � ,� ' . r-i�:Xi�. �:- .:,�_c.. •
Appli ntl mpany Name
100 /
C�1� D �P ,
100 B sinesa Name '
Olv �7/-
,00 ';'�((.� �c . " ��'' c�� �� ;��
Businesa Address Pfion�Na
100
100 Mail to Addroas Phone No.
100
ManapeNOwner-Name
100
100 AlanagerlGw�er•Home Addresa Phone No.
4098 Applicatfon Fee p, 50
Aecelved the Sum of 100
�j`� t Manager/Owner-City,State S Zip Code
100 Total 100
; � • � rL ` rI �.,r,� -f
LiCense InspeCtor By: �1•� � � gna(ture of Ap cant
Bond:
Company Name Policy No. Expiratfon Date
Insurance:
Company Name Policy No. Expiration Date
Minnesota State Identification No. 03 7�.�T,� Social Security Na
Vehicle Information:
Serfal Number Plats Number
Oth@f:
THIS IS A RECEIPT FOR APPLICATION
THIS IS NOT A LICENSE TO OPERATE.Your application for license will either be granted or rejected subject to the provisions of the zo�in�
ordinance and compietion of the inspections by the Health, Fire,Zoning and/or license Inspectors.
/ '/
$15.00 CHARGE FOR ALL RETURNED CHECKS
l����c
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' CITY OF SAINT PAUL
Application for Modification of Parking Requireaents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. Type of License you are applying for: On Sale Beer and Wine
(On-sale 3.2 beer, On-sale beer and wine, On-sale liquor)
B. Property Description:
Corporation
Lily of the Valley, Inc.
DBA Lily of the Valley Restaurant
Address $90 East 7th Street
St. Paul, MN 55106
Legal Description_ Lot 13 . Block 4,,
E.M. Mackubin's Addition to
St. Paul
C. Applicant
Name (Individual) 4uynh Van Hoang
Business Address 890 East 7th Street
St. Paul, MN Zip Code 55106
Business Phone Number 771 -9373
D. Modification Required
Number of off-street parking spaces required 28
Number of off-street parking spaces provided � (�S �_
Signature Date 10/22/92
. . . Office Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PIN Number ?`� - Zcl 'ZZ -��_��1�
License Number �(,� II�S
Typ e o f Li c ens e�n�c�L �J�.�,�o.�a_.. -�__�
Application Fee��,
Tentative Hearing Date ��i►,.,..rj , Ct,3
OFFICE OF LICENSE,INSPECI70NS AI�'D ��+�
ENVIRONMENTAL PROTECTION �/
Robert Kessla,Dvalor �
CTTY OF SAINT PAUL BU/LDING INSPECTION AND Telephone: 612-298-4212
lames ScheibeJ, Mayor DESIGN Facsimile:222-2307
15 W.Ke!logg Boulevard
Room 445 Ciry Hall
Saint Paul, M/nnesota 55102
�
November 13, 1992
John Hargens
15669 Cornell Trail
Rosemount, MN 55068
RE: License Application �198118 - On sale wine and malt
at 890 E. Seventh Street
Dear Mr. Hargens:
We have reviewed the floor plans you submitted for the referenced license
application. The restaurant has a usable floor area �of 1471 square feet
which requires 15 off street parking spaces. The addition of on sale wine
and malt (based on 1240 square feet of patron area) would require 28 off
street parking spaces. The twenty-eight spaces needed for the proposed on
sale minus the fifteen spaces for the existing restaurant results in a
deficit of thirteen parking spaces.
Therefore, we are granting zoning approval of the referenced license
application with the condition that a variance of 13 parking spaces is
granted by the City Council.
If you have any questions regarding this matter, you may contact me at
298-4215.
Si ely,
,
J hn Hardwick
oning Technician
JH:krz
cc. Marv Bunnell
Bob Kessler
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APPLICANT Qv►YNF} VAN Ho�cNCs LEGEND
1yt�p��'�tq'��oN OF PA K�NC,r u� FMENTS
PURPOSE F°R L1 Qu�R LI c�N S � �� zoning distr'ict boundary
FIIE# � �� � � DATE �£�, �, 19 q Z � subject property n�'�
PLNG. DIST � MAP# � � o one family • � ^ commercial
� ¢ two family � �� industrial
SCALE t"=400' � �'^�« ��-Q multipte family V vacant
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Saint Paul City Council
Public Hearing Notice
License Application
To Whom It May Concern: FILE NO. : L98118
PURPOSE: There will be two hearings. The f irst hearing
is to consider a modification of parking
requirements for a new On-Sale Wine and Strong
Beer application which requires 28 off-street
parking spaces according to the Legislative
Code. The applicant has no off-street parking
at this time. The second hearing is to
consider an application for an On-Sale Wine
and Strong Beer license.
The results of the first hearing have a direct
bearing on the second hearing. If the City
Council grants the requested modification for
parking requirement, then there will be a
second hearing on the application for a Wine
and Beer license. If the City Council denies
the requested parking modificaiton, then OLIEP
will withdraw the request for a Wine and Beer
license, and there will be no second hearing.
A.PPLICANT: Lily of the Valley Inc. DBA Lily of the Valley
Restaurant -- Quynh Van Hoang, President
LOCATION: s90 East seventh street
HEARING: January s, 1993
City Council Chambers, 3rd Floor City Hall-
Court House 9:00 a.m.
QUESTIONS: Regarding first hearing - contact Zoning
Section of the Planning and Economic
Development Department, 1100 City Hall Annex,
25 W. 4th Street, Saint Paul, 55102 (Marv
Bunnell at 228-3368)
Regarding second hearing - contact OLIEP, Room
203 City Hall, Court House, Saint Paul (Kris
Van Horn at 298-5056)
Date Mailed: 11/20/92