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98-286Council File OR1�INAL Presented By Referred To 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 CommiCtee: Date �7 WHEREAS, Darrell Tilmon, in Zoning File No. 97-317 made appiication to the Saint Paul Plamiiug Commission for a special condifion use permit pursuant to Saint Paul Legislative Code Sections 60.544(2) and 64.300(d) for the purpose of allowing rentai of "U-Haul" trucks and trailers on property located at 672 Arcade Street,legally described as Lot 1; Otto's Subdivision of Lot 15 of Otto's Subdivision; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on January 15, 1998, after having provided notice to affected property owners, and submitted its recommendation to the Planning Commission. The Planning Commission, by its resolution 98-04 dated January 30, 1998, decided to deny the application based upon the foliowing findings and conclusions: 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inabiliry of the proposed use to meet them are as follows: a. The minimum lot area shall be fifteen thousand (15,000) sguare feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking and customer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square fee less than required. The applicant requests a modification of this condition stating that he feels adequate space is provided to meet his business needs. Howevex, the plaiuiing commission does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the speciai condition which is to prohibit auto-related uses on particulariy small lots. b. The eatent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city councii. This condition is not met. One of the land use and zoning goals of the District 4 PIan states, "ta promote better buffering between residenrial, commercial, and industrial land uses on and around East 7`" Street, ..." p. 13. The District 41and use policy states that Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� - �.�G b�� 2 � 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c . the disirict council will support development of new or redevelopment of e�sting structures in industrial or commercial azeas only when accompanied by pazkiug provisions as established in the zoning code and by proper landscaping. While the applicant is able to provide the tequired off-street pazking, it appears there is not adequate space on the lot to provide the required setback and landscaping and stiil accommodate the use. The Neaz East Side Improvement Strategy (I�TIS) 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 proposed use is the goals for economic development. These goals include: 1) "concentrate commercial land uses along existing commercial spines and at e�sting commercial nodes; 2) improve and maintain the vitality and appearance of commerciai establishments; 3) improve the opporhu�ities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The 1VIS 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. The use shall, in all other respects, 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 setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too smali to provide the setback and landscaping and stili accommodate the proposed use. q�' �' WHEREAS, pursuant to the provisions of Saint Paul Legislative Code Sections 64.206, Darrell Tilmon duly filed with the division of planning an appeal from the determination made by the Planning Commission, requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, acting pursuant to Saint Paul Legislative Code Sections 64.206 through 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on March 11, 1998, where all interested parties were given an opportunity to be heard; and WHEREAS, the Council, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Planning Commission, does hereby RESOLVE, that the Councii of the City of Saint Paul does hereby affirm the decision of the Pla.miing Commission in this matter, based upon the following findings of the Council: The Council fmds that there was no error in fact finding or procedure in the Plamiing Commission's consideration of this matter and further notes that the proposed site at 672 Arcade Street is too sma11 to accommodate auto-related uses; ORIGINAL 1 2 3 4 5 6 7 8 AND, BE IT FURTHER RESOLVED, that the appeal of Darrell Tilmon be and is hereby in all things denied; AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Darrell Tilmon, the Zoning Administrator, and the Planuiug Commission. q Y.�.gG Raquested by Department of: Adopted by Council: Date j\�� - 1�S � l\O � Adoption Certified by Council Secretaiy BY: V Approved by Mayor: D te �._ sy' By: Form Approv d by City Attorney B �.��✓!./�-- `� � - 9�' Approved by Mayor for Submission to Council 8Y: o��-�-8'4 City Council Offices GREEN SHEET r,o 60$70 Lantry, 266-8670 TOTAL � OF SIGNATURE PAGES oE..nm+ra.o�ma ❑ ananon�r ❑ urrasnK ❑awnx�w.amvitcsoat ❑sruxc+uaca�n�ccro ❑MYq[NMWOfIW�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the Gity Council on March 11, 1998 in which they upheld the decision of the Planning Commission and denied the appeal o£ Darrell Tilmon, 672 Arcade Street. PLANNING COMMISSION CIB COMMITTEE CML SERVICE COMMISSION L50NALSERY[CE CANTW�GfS MUST ANSWEit iHE FOLLOWING Q Has this Pe�soMrm everworked under a conira�t forthis dePSrtmenYt YES NO Has this pe�soN6�m ever been a city empbyee7 VE3 NO Does this Pe�soMrtn P�ss a sldll not nam�ally0�ed bY anY current aty emWoyee9 YES NO Is Mia P�rtn a faroetetl vendoR YES NO $dc` n t �,i"k;'i �,`'°9-�,6.,�,�r's"v.. ^'-�e..,u'u.y� wb �� _ _3 AMOUN7 0F TRANSACTION S COSTIREVENUE BUDGETED (QRCLE Oii� 1l�' ACTNITY NUINBER �NFORMIQ'AN (E1wWN) CITY OF SAINT PAUL Norm Colemme, Mayo� Apri13, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Zoning File No. 97-317 Appeal by Darreli Tilmon March I1, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY a p�a$' �o Peg Birk, Ciry Attorney { 0 Civil Division 400CiryHall Telepho»e:612266-8770 ISWestKelloggBtvd Facsimite:672298-5619 Saint Paul, Minnesota 55102 Attached please find a signed resolution memorializing the decision of the Saint Faul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, ��"�i�, l✓ L✓GtN✓� Peter W. Warner Assistant City Attorney PWWfrmb Enclosure DEPAR7'MENT OF PLANNING & ECONOMIC DEVELOPMENT CTTY OF SAINT PAUL Norm Colemars, Mayor February 17, 1998 Ms. Nancy Anderson City Council Research Office Room 31� City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division af Plmming 25 WestFOUrth Street Soi�6Pau1, MN55702 lX V ,� Te[ephone: 6I2-266-6565 Facsimile: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled far Wednesday March 11, 1948, for the following appeal of a Planning Commission decision denying a special condition use permit: Appellant: DARRELL TILMON File Number: #97-317 Purpose: Appeal a Planning Commission decision denying a special condition use permit to allow outdoor rental of U-Haul trucks and trailers. Address: 672 Arcade Street (northeast corner of Arcade & Margaret) Legal Description ofProperty: Lot 1; Otto;s Subdivision of Lot 15 of Ottds Subdivision Previous Action Planning Commission Recommendation: Denial; vote: unanimous (one abstention), January 3Q 1998 Zoning Committee Recommendation: Denial; vote: 5-0 (one abstention), January 15, 1998 My understanding is that this public heazing request will appeaz on the agenda for the February 25, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerel �� Kady dlez City Planner cc: File #97-317 Paul Dubruie] Pattie Kelly Cau�c ReS��t�h ��►�( _ �. ._.. !. ��: �1.`\ + �sr xux • AiOTICE OF PUBIdC HEARIDiG 17ie Saint Paul City Ctiuncii w711 conduct a public hearing on Wednesday. March 11. 1998 aG5:30 p.m- in the_City Council Chambers, Third Floor �ty�Hall-Court Hause. to consider-Yhe'appeal of �Daxtell "fflmon to a decision of the Planciing Commission denying a special-candition�use permif to allow outdoor rental of U-Havl trucks and trailers�at 672 ArcadeStreet (northeast rnmer of-Arcade and �Margaazetl.- , Dated�Februafy7S,1998 , - .� NANCY ANDERSON , - -- - - . - . - _ _ Assistant City Gouncil Secretary . � - � , � _ � (Februarv 21 19ZJ8} - - � � r 1 � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Norm Coleman, Mayor Divisian ofPlanning 25 West Founh Street Saint Pau(, MN55702 March 2, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #98-030: DARRELL TILMON City Council Hearing: March 1 I, 1998, 5:30 p.m. City Council Chambers 1� Telephone: 672-266-6565 Facsimile: 6I2-228-3374 PURPOSE: Appeal a planning commission decision denying a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street (northeast corner of Arcade & Margaret). PLANNING COMMISSION ACTION: DENIAL Unanimous (one abstention) ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 (one abstention) STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DARRELL TILMON has appealed the decision of the Saint Paul Planning Commission to deny a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on January 15, 1998. The applicant's representative addressed the committee. At the close of the public hearing the committee voted 5-0 (one abstention) to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote (one abstention) on January 30, 1998. This appeal is scheduled to be heard by the City Council on March 11, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `�� Ken Ford Planning Administrator Attachments cc: City Council members � APPLICATION FOR APPEAL Deprrrtnre�rt ojPlanning and Ecorromic Deve(opme�rt Zoni�rg Section II00 City Hall Rnnex 25 6f est Fonrtl: Sireet Saint Paul, MN SSIOZ 166-6589 APPELLANT � Name City PROPERTY LOCATION tirtg vffice u: _t � Zip S�� Daytime pho � � `:C��t�i,;�: �, .. Yb :IZbF Zoning File Name (`� �.,�� S 1;✓\-t. Address/Location �% 1 2 Ya �r C_4 S-t �� 1 ri '� "f=��— 7YPE OF APPEAL: Application is hereby made for an appeal to the: � 8oard of Zoning Appeals ❑ City Council under the provisions of Chapter 64, Section S`t`I , Paragraph � of the Zoning Code, to appeal a decision made by the p�ra�....,� �'r�.�,. �c. -�-.� - on � �,,��, o.�.� 3tl , 19`18 . File number. `i� -� 1"� (date of decrsronJ GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. Attach additronaf sheet if necessary) AppficanYs Date � -�� i� City z��3�9� � �.�8'� � Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 February 11, 1998 To Whom It May Concern; This is Open Says Me's request for appeal on our proposal £or a Special Condition Use Permit regarding the property located at 672 Arcade Street. In attempt to address the conditions not met in the earlier proposal we offer the £ollowing addendums and respectfully request your reconsideration of the Planning Comission's decision. 1. Please review attached Consent of Adjoining Property Owners for a Special Condition Use Permit. 2. Please review modified original plan regarding on site vehiCles. We are now requesting display and storage � of onlg 3-5 units as opposed to the 6-8 units previously proposed. This potentially could create additional room for the required landscaping or additional of£-street parking. 3. The Board o£ Zoning Appeals has granted a variance at this location prior to our purchase of the property. We have upscaled and modi£ied the property in an attempt to comply with the NIS goals of improving and maintaining the vitality and appearance of a growing East Side business environment. Open Says Me deserves the same opportunity to succeed at this location. 4. We feel that the denial o£ the Special Condition Use Permit does in fact unreasonably restrict our ability to run a success£ul business at this location. Open Says Me has made many modifications to our original business plan in attempt to comply with the Planning Commision. Once again we have established a need in our community and would appreciate your support in our endeavor. Thank you so much £or your attention in this matter. Respectfully, � Open Says Me attachments � n � � � � � � � t_ � v t) )1 . � �" }' C� � l � � � � � £w �� 3 � �� T a 2 � -- _ - �- -- _ ✓ � .____ _ f ��s �`�- ✓r� f � � w . --- _r �t � � �.a �� city of saint paul planning commission resolutio� file number 98-04 �t� January 30, 1998 �VHEREAS, DARRELL TILMON, file �97-317, has applied for a Special Condition Use Permit under the provisions of Sections 60.544(2) and 64.300(d) of the Saint Paul Legisiative Code to allow r�ntal of U-Haul trucks and trailers, on property located at 672 ARCADE STREET, legally described as Lot 1; Otto's Subdivision of Lot I S of Otto's Subdivision; and �VHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 15, 1998, at which all persons present were given an opportunity to be heard pursuant to said application in accordance �rith the requirements of Section 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 reflected in the minutes, made the following findings of fact: � 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inability of the proposed use to meet them are as follows: a. T/te »:ini»:ttm !ot area s1:a11 be ffteen ll:ousand (I5,000} sqt:are feet. A site plan shatl be srrbmitterl s/:orvin� the Zayotd of t1:e ve/ticles for sa[e or reret, en:ployee parking, and cttstomer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this conditaon stating that he feels adequate space is provided to meet his business needs. However, the planning commission does not recommend that this condition be modified since such a modification would not be in keepin� �vith the intent of the special condition tivhich is to prohibit auto-related uses on particularly small lots. b. Tl:e exfent, locaiiorr and intetisity of flte c�se will be in substantial cornpliance with the SaintPaul Comprehensive Platr and mty applicable sttbarea plai:s rvl:iclt were trpproved by the city council. moved by Field � seconded by _ in favor 14 a��.j^t 0 Kramer abstained) Zoning P'ile #97-317 Page Two of Resolution This condition is not met. One of the land use and zoning goals of the District 4 Plan states, "to promote better bufferina bet�n'een residential, conunercial, and itidustrial land uses on and aronnd East 7th Street,..." p. 13. The District 4 land use policy states that fhe district council will support development of new or redevelopment of existing structures in industrial or commercial areas only ��hen accompanied by parkinb pro��isions as established in the zoning code and by proper landscapin�. While the ap1�licv�t is able 40 provide the required off-street parkin„ it appeazs there is not'adequate space on the lot to provide the required setback and landscaping and still accommodate the use. � 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 proposed use is the goals for economic development. These goals includ�: 1) "concentrate commercial land uses along existin� conunercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appeazance of commercial establishments; 3) improve the opportunities for existing businesses to remain and gro�t� on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a poticy stltement b}� the pIanning commission and fhe city councii but was not adopted as part of the city's comprehensive plan. � c. Tke use sliall, in all oUzer respecfs, confarnz to tlre applicable regxlations of tfie district ir: wlticl: it is locaterl. This condition is not met. The site plan submitted does not provide the required setback with landscaping bet��een public rights of way and the parking lot as required by the zoning code. The siYe is too small to provide the setback and landscaping aad sti11 accommodate the proposed use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Use Pemut to atlow� rentat of U-Haul trucks and trailers at 672 ARCADE STREET is hereby approved denied. � ��.ag6 � � Saint Paul Planning Commission City Hall Confcrence Center 1� Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, January 30, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, En�h, Geisser, Maddox, Morton, Nordin, Treicliel, and Wencl and Present: Messrs. Field Jr., Gervais, Gordon, Kramer, Mardell, McDonell and Nowlin. Commissioners Mmes. *Faricy and Messrs. Chavez *Johnson, *Kong, Sl�arpe, and *Vau�ht Absent: *Excused A►so Present: I Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Nancy Homans, Roger Ryan, and Jim Zdon, DepaRment of Planning and Economic Development staff; and Donna Sanders, Councilmember Reiter's Office. #97-317 Darrell Tilmon - Special condition use permit to allow rental of U-haul trucks and trailers at 672 Arcade Street. (Kady Dadlez, Southeast Team) MOTION: Co»mtissioner Field moved denind of tke requested specia! condition use pern:it to a!!ow renta! of U-ha�d trtrcks and frailers at 672 Arcade Streel. Commissioner Kramer will abstain from participation in discussion and the vote. T/te neotion on ilreJloor to deny ihe requested specia! conditio�t use permit to allow Ihe renlal oj U-/ratd tr[rcks mrd trailers at 672 Arcade Street cnrried on a voice vote wit/e one abstention (Krat7ier). Commissioner Field read the a�enda for the next Zoning Committee meetins on February 5, 1998 at 330 p.m. y V. Old Business Hertz Resolution - Adopt resolution sho�ving Planning Commission decision of January 9, 1998 - (Roger Ryan) MOTIO\: Conenzissioner Kranzer nroved rrpprova! ajthe resolrrtian s/rowing f/re PlaHning Co»:n:issio�a deeisioi: of Jmttrary 9, I998, to granl tlte appen! ojClifforrl Nas/e m:cl to modify tlre Hertz site plan; Con:missioner Field seconderl ihe matioi: w/eidt crrrried renai:imously on a voice vote. VI. Comprehensive Planning and Economic Development Committee � Commissioner Maddox reminded Commissioners that there is a joint Committee meeting next week with the Neighborhood Planning and Land Use Committee to discuss the site plans for the Ramsey County Detention Facility and Metro Transit's East Metro Transit facility at 4 p.m., on Wednesday, February 4, on the 14th floor of the City Hall Annex. VII. Neighborhood Planning and Land Use Committee —��. : � � C ' ,� � � MINUTES OF THE ZOfViNG COMMI7TEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESO7A ON JANUARY 15, '1998 PRESENT: Mmes. Morton and Wencl and Messrs. Chavez, Field, Gordon and Kramer of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez, Homans and Kelley and Messrs. Ryan and Zdon of the Planning Division. EXCUSED: Ms. Faricy and Mr. Vaught The meeting was chaired by Litton Field, Chairperson. DARRELL TiLMON 672 Arcade Street• 97-317� Special Condition Use Permit. To allow rental of U-Haul trucks and trailers. Kady Dadlez, PED, Southeast Quadranf, presented slides and reviewed the staff report, stating that based on Findings 2d, 3a, and 3e, staff recommends deniai of the Speciai Condition Use Permit. She noted a discrepancy in the appficafion pertaining to the number of trucks from 3 to 4 versus 6 to 8 and she requested clarification from the applicant. Ms. Dadlez said that although she had not received anything in writing, Dayton's Biuff Center for Civic Life opposes the SCUP but � does support the existing lock and key business. Ms. Dadlez stated that the staff recommendation for denial woutd remain fhe same wfiefher there were 3 to 4 trucks or 6 to 8 trucks on site. Kellie Weitala, (1801 Case Avenue), fiance of Darrell Tilmon, appeared on his behalf. Ms. Weitala referred to the square footage on the property and stated there would be room for the trucks, and she verified there wouid only be 3 to 5 trucks and/or trailers on the property at one time. Upon questions of Commissioner Gordon, Ms. Weifafa expfained that customers for the lock and key business use both off-street parking as well as the parking lot, and that the trucks they will utilize are both smali and large in size. Ms. Weitala said they have upgraded the property by painting, repairing light fixtures and some inYerior work, and it is their desire to purchase and upgrade the property in the future. Upon question of Commissioner Morton, Ms. Weitala stated the present owner of the buitding is Marv Sayre. Upon question of Gommissioner Gordon pertaining to setbacks and landscaping, Ms. Weitala said there is not enough room to expand to accommodate the setbacks and landscaping. At the question of Ms. Dadiez, Ms. Weitala verified there will be no repair or refinishing of trucks and / or trailers on the lot. � No one spoke in either support of or opposition to the permit, and the public hearing was closed. Commissioner Gordon moved to deny the Special Condition Use Permit based on fhe staff recommendation, and the motion was seconded by Commissioner Morton. qg-aa�� Zoning Committee Minutes January'15, 1997 Darrell Tilmon; 97-317 Page Two Commissioner Chavez stated although the applicant is doing very well with his lock and key business, he is in support of the motion because he believes the lot area is too smalf. There was no further discussion. ADOPTED YEAS-5 NAY-0 Drafted by: Pattie Keiley �� Recording Secretary (Commissioner Kramer abstained) Quadrant Approved Chair i !c - ZONING_COMMITTSS_STAFF � FILE # 97-317 1. APPLICANT: DARRELLL TILMON DATE OF AEARING: O1/15/98 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 672 ARCADE STREET (northeast corner of Arcade & Margaret) 4. PLANNING DISTRICT: 4 5. LSGAL DESCRIPTION: Lot 1; Otto's Subdivision of Lot 15 of Otto's Subbd. 6. PRSSENT ZONING: B-3 ZONING CODS RBFERENCE: §60.542(2) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATB: 1/8/98 BY: Kady Dadlez S. DATB RSCEIVSD: 12/15/97 DBADLINE BOR ACTION: 2/13/98 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ A. PIIRP03a: Special condition use permit to allow rental of U-Hau1 trucks and trailers. B. PARCEL SIZE: The property has 123 feet of frontage on Arcade Street and � 39.41 feet of frontage on Margaret for a total lot area of 4,847 square feet. Including one-half of the alley, the lot area is 5,241 square feet. C. HXISTING LAND IISS: The site is vacant except for a small building and paved surface. D. SIIRROUNDING T,AND IISE North: Liquor store immediately to the north and other commercial uses in a B-3 zoning district. East: One and two-famil.y homes in an RT-1 zoning district. South: One and two-family homes in an RT-1 zoning district. West: Clinic, grocery store, drug store, and other commercial and residential uses in a B-3 zoning district. S. ZONING CODE CITATION: Sections 60.544(2) and 64.3D0(d) of the zoning code permit outdoor sales of used automobiles subject to the conditions detailed in findings #2 and #3 of this report, F. HISTORY/DISCIISSION: The site was used at one time as a gas station. The building on the site appears to date from that use, Until the early 1980s there was a repair garage and commercial building on the north part of the lot. Following is a chronology of recent activities: 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. 9�-a�� i � � Zoning File n97-317 Page Two 1981: Special condition use permit approved for used car sales for 666 Arcade Street (south part of the site) with several conditions including no certi£icate of occupancy until conditions are met and limit of Eour cars. Use apparently was never established. Underground gas tanks were removed in 1981. 1982: License issued for used car sales for four cars. 1983: Special condition use permit £or 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 1ine. A neighbor spoke in opposition because previous conditions were 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 aars 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 for trailer sales was filed and then withdrawn. 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 the planning commission's decision. Staff had recommended approval of the permit with nine conditions as did the zoning committee. 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, the£t and vandalism, and an 8-foot chain link fence would detract £rom 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 recommending that land uses which are incompatible with adjacent residential uses (e.g. auto body shops, used car lots) be phased- Zoning File #97-317 Page Three out. The city council's resolution affirming the planning commission's decision cited the same findings. 1995: Special condition use permit for a used car lot was approved by the planning commission. Permit allowed 7 cars for sale and 4 off- street parking spaces. The bistrict 4 Council appealed the planning commission's decision to the city council. The city council granted the appeal of the District Counci2 and denied the special condition use permit. In 1995 when the planning commission approved the special condition use permit to allow the outdoor sales of automobiles it found that all of the conditions of the permit were met and approved the permit to allow 7 cars for sale and 4 off-street parking spaces. The city council's resolution overturning the planning commission's decision and denying the permit cited the sma11 lot size, the policy statement from the Near East Side Improvement Strategy, and the detrimental impact to the existing character of development in the immediate neighborhood. Finally, for your information, the following is the staff analysis which accompanied the staff report for the special condition use permit requested in 1995. STAFa ANALYSIS: The proposed site, 4,647 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 home 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. 1996: For your information: In May, 1996, the planning commission recommended approval of, and the city council adopted, an amendment to require a minimum lot size of 15,000 square feet for uses which include outdoor sale/rental of automobiles, trucks, and trailers. 1996: Peter Lobinsky applied for a special condition use permit to allow the outdoor sales of automobiles. The request was denied by the planning commission. 1997: Appeal, by Peter Lobinsky, of the planning commission's decision to deny the permit. The city council denied the appeal. � � � ��-a�� Zoning File #97-317 - Page Four G. DISTRICT WIINCIL RHCO23MENDATSON: The Dayton's Bluff Center for Civic Life will take a position on the special condition use permit application at its board meeting on January 12, 1998. Its Land Use Committee voted Co oppose the special condition use permit, but to support the existing lock & key business. H. FI23DINGS 1. The applicant currently operates a lock and key service from the site called Open Says Me. He would like to expand his business by offering U-Haul trucks and trailers for rent. He intends to have 6 to 8 such vehicles on site at any given time: 3 to 4 trucks measuring 10 by 14 feet and 3 to 4 trailers measuring 4 by 10 feet. The applicant states that he has made improvements to the property since he established his lock and key business and that he intends to continue making improvements in a growing business environment. 2. Section 60.544(2) permits outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers or rental oE trailers or automobiles, all subject to the following: a. The lot or azea shall be provided with a permanent, durable and � dustless surface, and sha12 be graded and drained as to dispose of a1Z surface water accumulated within the area. This condition is met. The site is adequately paved and drained. b. Yehicular access to the outdoor sales area shall be at 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 Stxeet. c. No repair or refinishiag sha21 be done on the lot unless conducted within a comp3ete2y eneSosed building. This condition will be met provided the applicant has no intention of conducting repairs or refinishing on the lot. I�iowever, staf£ was not able to Calk with the application prior to writing the sta£f report and was therefore not able to ascertain whether the applicant had any intention of doing any repair or refinishing. d. The minimvm lot area sha12 be fifteen tkousand (T5,000) squaze feet. A site plaa sha12 be submitted showing the 2ayout of the vehicles for saZe or reat, employee parlcing, and customer parking. This condition is not met. The site has a lot area of 5,242 square � Eeet, including one-hal£ of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this condition stating that he feels aclequate space is provided to meet his business needs. Zoning File #97-317 � Page Five Staff does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the special condition which is to prohibit auto-related uses on particularly small lots. In fact, the staff analysis in the previous special condition use permit request for this property raised the issue of the inappropriateness of garticularly small sites for auto-related uses. 3. 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: a. The extent, locatioa and intensity of the use will be ia substaatial compSiance with the Saint Pau2 Comprehensive Plan and any applicable subarea plans which were approved by the city council. � 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. While the applicant is able to provide the required off-street parking, it appears there is not adequate space on the lot to provide the required setback and landscaping and still accommodate the use. The Near East Side Improvement Strategy (NIS) completed in 1969 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 include: 1) "concentrate commercial land uses along existing commercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appearance of commercial establishments; 3) improve the opportunities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a policy statement by the planning commission and the city counciZ but was not adopted as part of the city's comprehensive plan. b. The use will provide adequate ingress aad egress to minimize traffic congestiaa in the pubZic streets. This condition is met. The proposed use is not expected to generate a significant amount of tra£fic. The average daily traffic volume on Arcade Street between Sixth and Seventh Streets is 6,700 (JUly, 1991). � Q� Y r a.8 � I � Zoning File #97-317 - Page Six On-street parking is permitted on the east side of Arcade Street except from 4:00 p.m. to 6:00 p.m. On-street parking on the west side o£ Arcade between Seventh & Margaret is limited to 15 minutes from 8:00 a.m. to 6:00 p.m. c. The use will aot be detrimentaZ to the existing character of the development in the immediate neighborfiood or endaager the pub3ic health, safety aad geaeraZ 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 truck and trailer rental business will not be detrimental to the character of the neighborhood or endanger the public safety and general welfare. d. The use will not impede the nozma2 and orderly development and impzovement of the surrouading property for uses permitted in tke district. This condition is met. e. The use shall, in all other respects, conform to the applicable � regulatioas of the district in which it is located. This condition is not met. The site plan submitted does noC provide the required setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too small to provide the setback and landscaping and still accommodate the proposed use. In addiCion, while Section 61.103(b1 requires side and rear yards of at leasC ten feet when a business district adjoins a side yard in an adjacent residential district, Che board of zoning appeals granted a variance of this requirement for this property in 1976. 4. The off-street parking requirement for truck and trailer rental is one space per 400 square feet of office space and one parking space per 2,000 square feet of outdoor display area. The parking requirement for the lock and key service is one space per 300 sguare feet. The requirement for the proposed use is three spaces (one for the office space and two for the outdoor display area). 5. Section 64.300(f): of the zoning code states, "The planning commission, after public hearing, may modify any or all special conditions, when strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner o£ such property or structure; provided, that such modification will not � impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. Zoning File #9�-317 � Page Seven I. STAFF RECOMMSNDATION: Based on findings 2d, 3a, and 3e staff recommends denial of the special condition use permit to allow U-Haul truck and trailer rental. �� i • � r-� �y �J SPECIAL CONDITION USE PERMIT APPLICATION Saint Pau! Zoning Ojfice II00 City Ha11 Annex 25 A'est Fourth Street Saint Paul, MNSSIO2 266-6589 APPLICANT Address � � � � �,6� yav.� City ,(• (� St.J.LZip S Slo �. Daytime phone "��7 �—��S � Name of PROPERTY I AddresslLocation LOCATION Legal description: Current Zoning � TYPE OF PERMIT: Application is hereby made under the provisions of Chapter ( , Section��, Paragraph pZ of the Zoning Code for a: '�@ Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATION: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ��,p� St�c�'S Y`�-c_ � 5 W �ev w�M��.er � L.ocf� S�rc�E�-� � a- �c_ �„�a�...�� l� (�-� � �� / �— ��-�lX �,n�-e.� F-rtvw�'�-��W�ll l��a� 8�.�.s,k4si� -Eo l� � lp S�P�- -�- t�,.�- B,.�s n., �ss 2 - 3 /o - l �f � � i r .,�� -S / � G�- �.c � r �--s +d.-� w-c� s -f- .2-3 4'- /o �F� ir� ` N-� On� 5r� rt-r.��. C� Applicant's signature � )�,a,.,��Q / ;y� Date / 1S City agent /��K-� �Z ��h"�j� Saint Paul Zoning O£fice/Planning Division 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 December 1, 1997 To Whom It May ConCern; This is Open Say's Me's formal app2ication for a Zoning Permit in order to conduct business at our location of 672 Arcade Street. It is my understanding that I will need to obtain a variance or Special Condition Permit to conduct my truck and trailer rental business out of the above mentioned location. My proposal is as follows: 1 We will be renting and or storing only 6-8 units on the property at any given time. Referring to section 60.543-Zoning requirements 64.300 paragraph 2 D that we do not meet the 15,000 sqaure feet requirement, but feel we provide adequate space to meet out service needs. P�ease refer to attached site plan. 2 We have already upscaled the property and will continue to do so in a growing business environment. 3 The need for UHaul service in this area has been established due to the closure of their previous location at 2617 Rice Street. We estimate the forwarded calls from that location at approximately 50 per day during peak rental periods. As a small my community, I my endeavor. business owner looking forward to investing in would appreciate your input and cooperation in Please feel free to contact me at 612-774-4452 with regards to my proposal. Thank you so much for your attention in this matter. Respectfully, Open $ay's Me attachment ❑ � � �� Z� � � ,, ; ., _.. � � i .-f'� ✓� a a (� � � � � � i � ; �� q�� s F �,t�� 2�1,1 Ti � �.tiv�. �`i2. �c��. �ree� I 1 l � I ,� �. �3 � �' � � �� s � � 4 � f�( I�� -a$ � � _ Q � � w — 4 y�, � � i �. � � -� � �� - X O M k �� ri a �. �� s � (� v �� 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. 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Paul Zoning O�ce Subjecc Public IIcuing Zc�ainv 7';Ie �'r: 9R-0:0 Zon.ina Fil_ Name: Da.�rell Tilmon l�ear Ms. Dacllez: g °� � -a �� Sent v�a Facsimi7e 6�?f2283374 T'!ie pucpose uf this lerrer is to document my disputes conceming the aupral of a special use peimit fr�r the Properry locaced at 672 Accade Screer. 7.isLed below ue my reasons foc nor wan�ing the Piaru�ing Comnussion m a�,sn�e a use pemii co ;illow ouidooc renral of U-Haul t�ucl�s and aail�xs: 1. 'fhe !oc is noc luge enough. Thcrc i, only one rntcancc inm rhe s+nail lot, �uid it is �ny opinion cu;comecs wi11 park in rt,e residential ;ueas in (iont of surmvnding homes. Th� rl;�Enc will Uc a discureance to my nci�*hbors ;:nd me. It is ;ilsc� my opinion dii, lot cui no[ house ciiougJi micks and tca+ters foi thc huxiness cn be a viable cnary. 2. Th�t rype of busincss will be :n� e} to rhe neighborhood. Ihc communitq is worlung hard m come rogerhet ro e�taUlsh x quiecer, ciune-fcee asea. 71�u buildii� would be less [han rivo l�locla Crom a f�atholic School and Chutch. 3. This lot promotes leicering. 7he ;vr i; empry at ni�it and hav poor lighnng. U-IIaul t�ucks pazked in rhe Inc eviil deciease visib�litv of d�e ongoing pxoblenu widz dze l;quor s[oce nesc door. The 1ot continues ro he a p�ace wheie �ug de�le�� h:uzg ouc and r�herc minocs pay adul � ro rurchase liquoz foi rhem. By adding in 2ailers and uvck;, we w;ll enable mote of ffus rype nf activiry to continue, unsezn U.� polite ;u�d /or neighbc�is. �, i�ne-time esceprion �Jlows o�1er fueure busine,se, a basis to show eaception. I believe +f the pemuc i> gr3nted, othe= businesces can ask for rhe �,une consideration. S. T,oss ot'pzopemr value fnc su�YOUndtin� homes. Wha vn,nts a husiness like rhis ne�t doc�c% b. "t'he peririonei is not :hc acnvl vwnex. ".Che acmal owner i, rhe parcy responsible foz thc pcevi<�us problems �v�th an au to loc and is th� reason rhe use peunit vrc> revnked and changed. The actuai ownec hzs adveroc�3, for somc timc, rhxt the propetry is fcr sale, hur he Gsts i� a[ azi unreasonablc, aUove mirke2 ptice. 1 r is nly opinion this owner has no uttenrion Uf scllin�* rhis prope,-��, ax�d w1: <<se thc properry again it rhe pem�ie is granted. 7. Tne curenr lessee has no, Sho�vn t�spunsible tcnancp. T�uring the Chusunas season, he sold wrea�hs chat wecc hung out�ide. T7ie wsearhs were nnr .ecured and chere was o,igoing vandaii;m ro, and eheft of, the wrexth; frrr a geriod cf a invnth. Tlvs fact re�terates m mc thar �he micks and rr.iilei; pa��ked �utside pose a thmat to che neiohbochood with regard �o theft, vazidalisrq and loitering, and ihac the les�ee has noc caken the proper steps to u�sure this lot cemams secused. "Chank yrou for yoes considerauon of my inpur. Both my hwU2id and I hope this lot will nor be gi��en a special e;e �tmit. �dp hu>band, Michasl L?uPont, cuaendy serves on the Commuaity Counci] for Distr_ct 4, a=Lo nas al<e iejec�d rhe peticioner's cc�gucsr ior eecepnon. If yvu have any questions, pleese feel fzee ro conract me or nry husband at 612/77G-102�. �,`,�,, lC c��.P I�imUcdy J. I7uPonc 82+} Ma�,aret S¢eet TOOr¢j %d3 SC�ST Q$M 86/TT/CO Date: March 3, 1998 a� � To: K. Dadlez From: Steve and Elaine Asmus Neighborhood Block Club Representarives for the 800 Block of Margazet St. St. Paul, MN. 55106 Subject: 672 Arcade St. T wanted to let you know tliat we are not in favor of what 1vIr. Daryl Tillman is in the processing of thiiilting to do witli the lot at 672 Arcade St. We l�ave spent past yeazs wifli nothing hut problems with the Landlord of this property and his so called plans for tlus lot as well. It is not zoned for a used car lot, or any rental of moving trucks, trailors etc. There is simply not enougl� room on tltat lot. What does it take for these people to get it through their heads that Uiey are wasting everyones time and their money on this issue. � Sincerely, Block Club Rep. E. Asmus Council File OR1�INAL Presented By Referred To 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 CommiCtee: Date �7 WHEREAS, Darrell Tilmon, in Zoning File No. 97-317 made appiication to the Saint Paul Plamiiug Commission for a special condifion use permit pursuant to Saint Paul Legislative Code Sections 60.544(2) and 64.300(d) for the purpose of allowing rentai of "U-Haul" trucks and trailers on property located at 672 Arcade Street,legally described as Lot 1; Otto's Subdivision of Lot 15 of Otto's Subdivision; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on January 15, 1998, after having provided notice to affected property owners, and submitted its recommendation to the Planning Commission. The Planning Commission, by its resolution 98-04 dated January 30, 1998, decided to deny the application based upon the foliowing findings and conclusions: 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inabiliry of the proposed use to meet them are as follows: a. The minimum lot area shall be fifteen thousand (15,000) sguare feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking and customer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square fee less than required. The applicant requests a modification of this condition stating that he feels adequate space is provided to meet his business needs. Howevex, the plaiuiing commission does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the speciai condition which is to prohibit auto-related uses on particulariy small lots. b. The eatent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city councii. This condition is not met. One of the land use and zoning goals of the District 4 PIan states, "ta promote better buffering between residenrial, commercial, and industrial land uses on and around East 7`" Street, ..." p. 13. The District 41and use policy states that Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� - �.�G b�� 2 � 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c . the disirict council will support development of new or redevelopment of e�sting structures in industrial or commercial azeas only when accompanied by pazkiug provisions as established in the zoning code and by proper landscaping. While the applicant is able to provide the tequired off-street pazking, it appears there is not adequate space on the lot to provide the required setback and landscaping and stiil accommodate the use. The Neaz East Side Improvement Strategy (I�TIS) 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 proposed use is the goals for economic development. These goals include: 1) "concentrate commercial land uses along existing commercial spines and at e�sting commercial nodes; 2) improve and maintain the vitality and appearance of commerciai establishments; 3) improve the opporhu�ities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The 1VIS 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. The use shall, in all other respects, 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 setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too smali to provide the setback and landscaping and stili accommodate the proposed use. q�' �' WHEREAS, pursuant to the provisions of Saint Paul Legislative Code Sections 64.206, Darrell Tilmon duly filed with the division of planning an appeal from the determination made by the Planning Commission, requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, acting pursuant to Saint Paul Legislative Code Sections 64.206 through 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on March 11, 1998, where all interested parties were given an opportunity to be heard; and WHEREAS, the Council, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Planning Commission, does hereby RESOLVE, that the Councii of the City of Saint Paul does hereby affirm the decision of the Pla.miing Commission in this matter, based upon the following findings of the Council: The Council fmds that there was no error in fact finding or procedure in the Plamiing Commission's consideration of this matter and further notes that the proposed site at 672 Arcade Street is too sma11 to accommodate auto-related uses; ORIGINAL 1 2 3 4 5 6 7 8 AND, BE IT FURTHER RESOLVED, that the appeal of Darrell Tilmon be and is hereby in all things denied; AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Darrell Tilmon, the Zoning Administrator, and the Planuiug Commission. q Y.�.gG Raquested by Department of: Adopted by Council: Date j\�� - 1�S � l\O � Adoption Certified by Council Secretaiy BY: V Approved by Mayor: D te �._ sy' By: Form Approv d by City Attorney B �.��✓!./�-- `� � - 9�' Approved by Mayor for Submission to Council 8Y: o��-�-8'4 City Council Offices GREEN SHEET r,o 60$70 Lantry, 266-8670 TOTAL � OF SIGNATURE PAGES oE..nm+ra.o�ma ❑ ananon�r ❑ urrasnK ❑awnx�w.amvitcsoat ❑sruxc+uaca�n�ccro ❑MYq[NMWOfIW�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the Gity Council on March 11, 1998 in which they upheld the decision of the Planning Commission and denied the appeal o£ Darrell Tilmon, 672 Arcade Street. PLANNING COMMISSION CIB COMMITTEE CML SERVICE COMMISSION L50NALSERY[CE CANTW�GfS MUST ANSWEit iHE FOLLOWING Q Has this Pe�soMrm everworked under a conira�t forthis dePSrtmenYt YES NO Has this pe�soN6�m ever been a city empbyee7 VE3 NO Does this Pe�soMrtn P�ss a sldll not nam�ally0�ed bY anY current aty emWoyee9 YES NO Is Mia P�rtn a faroetetl vendoR YES NO $dc` n t �,i"k;'i �,`'°9-�,6.,�,�r's"v.. ^'-�e..,u'u.y� wb �� _ _3 AMOUN7 0F TRANSACTION S COSTIREVENUE BUDGETED (QRCLE Oii� 1l�' ACTNITY NUINBER �NFORMIQ'AN (E1wWN) CITY OF SAINT PAUL Norm Colemme, Mayo� Apri13, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Zoning File No. 97-317 Appeal by Darreli Tilmon March I1, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY a p�a$' �o Peg Birk, Ciry Attorney { 0 Civil Division 400CiryHall Telepho»e:612266-8770 ISWestKelloggBtvd Facsimite:672298-5619 Saint Paul, Minnesota 55102 Attached please find a signed resolution memorializing the decision of the Saint Faul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, ��"�i�, l✓ L✓GtN✓� Peter W. Warner Assistant City Attorney PWWfrmb Enclosure DEPAR7'MENT OF PLANNING & ECONOMIC DEVELOPMENT CTTY OF SAINT PAUL Norm Colemars, Mayor February 17, 1998 Ms. Nancy Anderson City Council Research Office Room 31� City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division af Plmming 25 WestFOUrth Street Soi�6Pau1, MN55702 lX V ,� Te[ephone: 6I2-266-6565 Facsimile: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled far Wednesday March 11, 1948, for the following appeal of a Planning Commission decision denying a special condition use permit: Appellant: DARRELL TILMON File Number: #97-317 Purpose: Appeal a Planning Commission decision denying a special condition use permit to allow outdoor rental of U-Haul trucks and trailers. Address: 672 Arcade Street (northeast corner of Arcade & Margaret) Legal Description ofProperty: Lot 1; Otto;s Subdivision of Lot 15 of Ottds Subdivision Previous Action Planning Commission Recommendation: Denial; vote: unanimous (one abstention), January 3Q 1998 Zoning Committee Recommendation: Denial; vote: 5-0 (one abstention), January 15, 1998 My understanding is that this public heazing request will appeaz on the agenda for the February 25, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerel �� Kady dlez City Planner cc: File #97-317 Paul Dubruie] Pattie Kelly Cau�c ReS��t�h ��►�( _ �. ._.. !. ��: �1.`\ + �sr xux • AiOTICE OF PUBIdC HEARIDiG 17ie Saint Paul City Ctiuncii w711 conduct a public hearing on Wednesday. March 11. 1998 aG5:30 p.m- in the_City Council Chambers, Third Floor �ty�Hall-Court Hause. to consider-Yhe'appeal of �Daxtell "fflmon to a decision of the Planciing Commission denying a special-candition�use permif to allow outdoor rental of U-Havl trucks and trailers�at 672 ArcadeStreet (northeast rnmer of-Arcade and �Margaazetl.- , Dated�Februafy7S,1998 , - .� NANCY ANDERSON , - -- - - . - . - _ _ Assistant City Gouncil Secretary . � - � , � _ � (Februarv 21 19ZJ8} - - � � r 1 � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Norm Coleman, Mayor Divisian ofPlanning 25 West Founh Street Saint Pau(, MN55702 March 2, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #98-030: DARRELL TILMON City Council Hearing: March 1 I, 1998, 5:30 p.m. City Council Chambers 1� Telephone: 672-266-6565 Facsimile: 6I2-228-3374 PURPOSE: Appeal a planning commission decision denying a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street (northeast corner of Arcade & Margaret). PLANNING COMMISSION ACTION: DENIAL Unanimous (one abstention) ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 (one abstention) STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DARRELL TILMON has appealed the decision of the Saint Paul Planning Commission to deny a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on January 15, 1998. The applicant's representative addressed the committee. At the close of the public hearing the committee voted 5-0 (one abstention) to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote (one abstention) on January 30, 1998. This appeal is scheduled to be heard by the City Council on March 11, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `�� Ken Ford Planning Administrator Attachments cc: City Council members � APPLICATION FOR APPEAL Deprrrtnre�rt ojPlanning and Ecorromic Deve(opme�rt Zoni�rg Section II00 City Hall Rnnex 25 6f est Fonrtl: Sireet Saint Paul, MN SSIOZ 166-6589 APPELLANT � Name City PROPERTY LOCATION tirtg vffice u: _t � Zip S�� Daytime pho � � `:C��t�i,;�: �, .. Yb :IZbF Zoning File Name (`� �.,�� S 1;✓\-t. Address/Location �% 1 2 Ya �r C_4 S-t �� 1 ri '� "f=��— 7YPE OF APPEAL: Application is hereby made for an appeal to the: � 8oard of Zoning Appeals ❑ City Council under the provisions of Chapter 64, Section S`t`I , Paragraph � of the Zoning Code, to appeal a decision made by the p�ra�....,� �'r�.�,. �c. -�-.� - on � �,,��, o.�.� 3tl , 19`18 . File number. `i� -� 1"� (date of decrsronJ GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. Attach additronaf sheet if necessary) AppficanYs Date � -�� i� City z��3�9� � �.�8'� � Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 February 11, 1998 To Whom It May Concern; This is Open Says Me's request for appeal on our proposal £or a Special Condition Use Permit regarding the property located at 672 Arcade Street. In attempt to address the conditions not met in the earlier proposal we offer the £ollowing addendums and respectfully request your reconsideration of the Planning Comission's decision. 1. Please review attached Consent of Adjoining Property Owners for a Special Condition Use Permit. 2. Please review modified original plan regarding on site vehiCles. We are now requesting display and storage � of onlg 3-5 units as opposed to the 6-8 units previously proposed. This potentially could create additional room for the required landscaping or additional of£-street parking. 3. The Board o£ Zoning Appeals has granted a variance at this location prior to our purchase of the property. We have upscaled and modi£ied the property in an attempt to comply with the NIS goals of improving and maintaining the vitality and appearance of a growing East Side business environment. Open Says Me deserves the same opportunity to succeed at this location. 4. We feel that the denial o£ the Special Condition Use Permit does in fact unreasonably restrict our ability to run a success£ul business at this location. Open Says Me has made many modifications to our original business plan in attempt to comply with the Planning Commision. Once again we have established a need in our community and would appreciate your support in our endeavor. Thank you so much £or your attention in this matter. Respectfully, � Open Says Me attachments � n � � � � � � � t_ � v t) )1 . � �" }' C� � l � � � � � £w �� 3 � �� T a 2 � -- _ - �- -- _ ✓ � .____ _ f ��s �`�- ✓r� f � � w . --- _r �t � � �.a �� city of saint paul planning commission resolutio� file number 98-04 �t� January 30, 1998 �VHEREAS, DARRELL TILMON, file �97-317, has applied for a Special Condition Use Permit under the provisions of Sections 60.544(2) and 64.300(d) of the Saint Paul Legisiative Code to allow r�ntal of U-Haul trucks and trailers, on property located at 672 ARCADE STREET, legally described as Lot 1; Otto's Subdivision of Lot I S of Otto's Subdivision; and �VHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 15, 1998, at which all persons present were given an opportunity to be heard pursuant to said application in accordance �rith the requirements of Section 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 reflected in the minutes, made the following findings of fact: � 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inability of the proposed use to meet them are as follows: a. T/te »:ini»:ttm !ot area s1:a11 be ffteen ll:ousand (I5,000} sqt:are feet. A site plan shatl be srrbmitterl s/:orvin� the Zayotd of t1:e ve/ticles for sa[e or reret, en:ployee parking, and cttstomer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this conditaon stating that he feels adequate space is provided to meet his business needs. However, the planning commission does not recommend that this condition be modified since such a modification would not be in keepin� �vith the intent of the special condition tivhich is to prohibit auto-related uses on particularly small lots. b. Tl:e exfent, locaiiorr and intetisity of flte c�se will be in substantial cornpliance with the SaintPaul Comprehensive Platr and mty applicable sttbarea plai:s rvl:iclt were trpproved by the city council. moved by Field � seconded by _ in favor 14 a��.j^t 0 Kramer abstained) Zoning P'ile #97-317 Page Two of Resolution This condition is not met. One of the land use and zoning goals of the District 4 Plan states, "to promote better bufferina bet�n'een residential, conunercial, and itidustrial land uses on and aronnd East 7th Street,..." p. 13. The District 4 land use policy states that fhe district council will support development of new or redevelopment of existing structures in industrial or commercial areas only ��hen accompanied by parkinb pro��isions as established in the zoning code and by proper landscapin�. While the ap1�licv�t is able 40 provide the required off-street parkin„ it appeazs there is not'adequate space on the lot to provide the required setback and landscaping and still accommodate the use. � 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 proposed use is the goals for economic development. These goals includ�: 1) "concentrate commercial land uses along existin� conunercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appeazance of commercial establishments; 3) improve the opportunities for existing businesses to remain and gro�t� on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a poticy stltement b}� the pIanning commission and fhe city councii but was not adopted as part of the city's comprehensive plan. � c. Tke use sliall, in all oUzer respecfs, confarnz to tlre applicable regxlations of tfie district ir: wlticl: it is locaterl. This condition is not met. The site plan submitted does not provide the required setback with landscaping bet��een public rights of way and the parking lot as required by the zoning code. The siYe is too small to provide the setback and landscaping aad sti11 accommodate the proposed use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Use Pemut to atlow� rentat of U-Haul trucks and trailers at 672 ARCADE STREET is hereby approved denied. � ��.ag6 � � Saint Paul Planning Commission City Hall Confcrence Center 1� Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, January 30, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, En�h, Geisser, Maddox, Morton, Nordin, Treicliel, and Wencl and Present: Messrs. Field Jr., Gervais, Gordon, Kramer, Mardell, McDonell and Nowlin. Commissioners Mmes. *Faricy and Messrs. Chavez *Johnson, *Kong, Sl�arpe, and *Vau�ht Absent: *Excused A►so Present: I Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Nancy Homans, Roger Ryan, and Jim Zdon, DepaRment of Planning and Economic Development staff; and Donna Sanders, Councilmember Reiter's Office. #97-317 Darrell Tilmon - Special condition use permit to allow rental of U-haul trucks and trailers at 672 Arcade Street. (Kady Dadlez, Southeast Team) MOTION: Co»mtissioner Field moved denind of tke requested specia! condition use pern:it to a!!ow renta! of U-ha�d trtrcks and frailers at 672 Arcade Streel. Commissioner Kramer will abstain from participation in discussion and the vote. T/te neotion on ilreJloor to deny ihe requested specia! conditio�t use permit to allow Ihe renlal oj U-/ratd tr[rcks mrd trailers at 672 Arcade Street cnrried on a voice vote wit/e one abstention (Krat7ier). Commissioner Field read the a�enda for the next Zoning Committee meetins on February 5, 1998 at 330 p.m. y V. Old Business Hertz Resolution - Adopt resolution sho�ving Planning Commission decision of January 9, 1998 - (Roger Ryan) MOTIO\: Conenzissioner Kranzer nroved rrpprova! ajthe resolrrtian s/rowing f/re PlaHning Co»:n:issio�a deeisioi: of Jmttrary 9, I998, to granl tlte appen! ojClifforrl Nas/e m:cl to modify tlre Hertz site plan; Con:missioner Field seconderl ihe matioi: w/eidt crrrried renai:imously on a voice vote. VI. Comprehensive Planning and Economic Development Committee � Commissioner Maddox reminded Commissioners that there is a joint Committee meeting next week with the Neighborhood Planning and Land Use Committee to discuss the site plans for the Ramsey County Detention Facility and Metro Transit's East Metro Transit facility at 4 p.m., on Wednesday, February 4, on the 14th floor of the City Hall Annex. VII. Neighborhood Planning and Land Use Committee —��. : � � C ' ,� � � MINUTES OF THE ZOfViNG COMMI7TEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESO7A ON JANUARY 15, '1998 PRESENT: Mmes. Morton and Wencl and Messrs. Chavez, Field, Gordon and Kramer of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez, Homans and Kelley and Messrs. Ryan and Zdon of the Planning Division. EXCUSED: Ms. Faricy and Mr. Vaught The meeting was chaired by Litton Field, Chairperson. DARRELL TiLMON 672 Arcade Street• 97-317� Special Condition Use Permit. To allow rental of U-Haul trucks and trailers. Kady Dadlez, PED, Southeast Quadranf, presented slides and reviewed the staff report, stating that based on Findings 2d, 3a, and 3e, staff recommends deniai of the Speciai Condition Use Permit. She noted a discrepancy in the appficafion pertaining to the number of trucks from 3 to 4 versus 6 to 8 and she requested clarification from the applicant. Ms. Dadlez said that although she had not received anything in writing, Dayton's Biuff Center for Civic Life opposes the SCUP but � does support the existing lock and key business. Ms. Dadlez stated that the staff recommendation for denial woutd remain fhe same wfiefher there were 3 to 4 trucks or 6 to 8 trucks on site. Kellie Weitala, (1801 Case Avenue), fiance of Darrell Tilmon, appeared on his behalf. Ms. Weitala referred to the square footage on the property and stated there would be room for the trucks, and she verified there wouid only be 3 to 5 trucks and/or trailers on the property at one time. Upon questions of Commissioner Gordon, Ms. Weifafa expfained that customers for the lock and key business use both off-street parking as well as the parking lot, and that the trucks they will utilize are both smali and large in size. Ms. Weitala said they have upgraded the property by painting, repairing light fixtures and some inYerior work, and it is their desire to purchase and upgrade the property in the future. Upon question of Commissioner Morton, Ms. Weitala stated the present owner of the buitding is Marv Sayre. Upon question of Gommissioner Gordon pertaining to setbacks and landscaping, Ms. Weitala said there is not enough room to expand to accommodate the setbacks and landscaping. At the question of Ms. Dadiez, Ms. Weitala verified there will be no repair or refinishing of trucks and / or trailers on the lot. � No one spoke in either support of or opposition to the permit, and the public hearing was closed. Commissioner Gordon moved to deny the Special Condition Use Permit based on fhe staff recommendation, and the motion was seconded by Commissioner Morton. qg-aa�� Zoning Committee Minutes January'15, 1997 Darrell Tilmon; 97-317 Page Two Commissioner Chavez stated although the applicant is doing very well with his lock and key business, he is in support of the motion because he believes the lot area is too smalf. There was no further discussion. ADOPTED YEAS-5 NAY-0 Drafted by: Pattie Keiley �� Recording Secretary (Commissioner Kramer abstained) Quadrant Approved Chair i !c - ZONING_COMMITTSS_STAFF � FILE # 97-317 1. APPLICANT: DARRELLL TILMON DATE OF AEARING: O1/15/98 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 672 ARCADE STREET (northeast corner of Arcade & Margaret) 4. PLANNING DISTRICT: 4 5. LSGAL DESCRIPTION: Lot 1; Otto's Subdivision of Lot 15 of Otto's Subbd. 6. PRSSENT ZONING: B-3 ZONING CODS RBFERENCE: §60.542(2) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATB: 1/8/98 BY: Kady Dadlez S. DATB RSCEIVSD: 12/15/97 DBADLINE BOR ACTION: 2/13/98 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ A. PIIRP03a: Special condition use permit to allow rental of U-Hau1 trucks and trailers. B. PARCEL SIZE: The property has 123 feet of frontage on Arcade Street and � 39.41 feet of frontage on Margaret for a total lot area of 4,847 square feet. Including one-half of the alley, the lot area is 5,241 square feet. C. HXISTING LAND IISS: The site is vacant except for a small building and paved surface. D. SIIRROUNDING T,AND IISE North: Liquor store immediately to the north and other commercial uses in a B-3 zoning district. East: One and two-famil.y homes in an RT-1 zoning district. South: One and two-family homes in an RT-1 zoning district. West: Clinic, grocery store, drug store, and other commercial and residential uses in a B-3 zoning district. S. ZONING CODE CITATION: Sections 60.544(2) and 64.3D0(d) of the zoning code permit outdoor sales of used automobiles subject to the conditions detailed in findings #2 and #3 of this report, F. HISTORY/DISCIISSION: The site was used at one time as a gas station. The building on the site appears to date from that use, Until the early 1980s there was a repair garage and commercial building on the north part of the lot. Following is a chronology of recent activities: 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. 9�-a�� i � � Zoning File n97-317 Page Two 1981: Special condition use permit approved for used car sales for 666 Arcade Street (south part of the site) with several conditions including no certi£icate of occupancy until conditions are met and limit of Eour cars. Use apparently was never established. Underground gas tanks were removed in 1981. 1982: License issued for used car sales for four cars. 1983: Special condition use permit £or 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 1ine. A neighbor spoke in opposition because previous conditions were 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 aars 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 for trailer sales was filed and then withdrawn. 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 the planning commission's decision. Staff had recommended approval of the permit with nine conditions as did the zoning committee. 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, the£t and vandalism, and an 8-foot chain link fence would detract £rom 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 recommending that land uses which are incompatible with adjacent residential uses (e.g. auto body shops, used car lots) be phased- Zoning File #97-317 Page Three out. The city council's resolution affirming the planning commission's decision cited the same findings. 1995: Special condition use permit for a used car lot was approved by the planning commission. Permit allowed 7 cars for sale and 4 off- street parking spaces. The bistrict 4 Council appealed the planning commission's decision to the city council. The city council granted the appeal of the District Counci2 and denied the special condition use permit. In 1995 when the planning commission approved the special condition use permit to allow the outdoor sales of automobiles it found that all of the conditions of the permit were met and approved the permit to allow 7 cars for sale and 4 off-street parking spaces. The city council's resolution overturning the planning commission's decision and denying the permit cited the sma11 lot size, the policy statement from the Near East Side Improvement Strategy, and the detrimental impact to the existing character of development in the immediate neighborhood. Finally, for your information, the following is the staff analysis which accompanied the staff report for the special condition use permit requested in 1995. STAFa ANALYSIS: The proposed site, 4,647 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 home 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. 1996: For your information: In May, 1996, the planning commission recommended approval of, and the city council adopted, an amendment to require a minimum lot size of 15,000 square feet for uses which include outdoor sale/rental of automobiles, trucks, and trailers. 1996: Peter Lobinsky applied for a special condition use permit to allow the outdoor sales of automobiles. The request was denied by the planning commission. 1997: Appeal, by Peter Lobinsky, of the planning commission's decision to deny the permit. The city council denied the appeal. � � � ��-a�� Zoning File #97-317 - Page Four G. DISTRICT WIINCIL RHCO23MENDATSON: The Dayton's Bluff Center for Civic Life will take a position on the special condition use permit application at its board meeting on January 12, 1998. Its Land Use Committee voted Co oppose the special condition use permit, but to support the existing lock & key business. H. FI23DINGS 1. The applicant currently operates a lock and key service from the site called Open Says Me. He would like to expand his business by offering U-Haul trucks and trailers for rent. He intends to have 6 to 8 such vehicles on site at any given time: 3 to 4 trucks measuring 10 by 14 feet and 3 to 4 trailers measuring 4 by 10 feet. The applicant states that he has made improvements to the property since he established his lock and key business and that he intends to continue making improvements in a growing business environment. 2. Section 60.544(2) permits outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers or rental oE trailers or automobiles, all subject to the following: a. The lot or azea shall be provided with a permanent, durable and � dustless surface, and sha12 be graded and drained as to dispose of a1Z surface water accumulated within the area. This condition is met. The site is adequately paved and drained. b. Yehicular access to the outdoor sales area shall be at 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 Stxeet. c. No repair or refinishiag sha21 be done on the lot unless conducted within a comp3ete2y eneSosed building. This condition will be met provided the applicant has no intention of conducting repairs or refinishing on the lot. I�iowever, staf£ was not able to Calk with the application prior to writing the sta£f report and was therefore not able to ascertain whether the applicant had any intention of doing any repair or refinishing. d. The minimvm lot area sha12 be fifteen tkousand (T5,000) squaze feet. A site plaa sha12 be submitted showing the 2ayout of the vehicles for saZe or reat, employee parlcing, and customer parking. This condition is not met. The site has a lot area of 5,242 square � Eeet, including one-hal£ of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this condition stating that he feels aclequate space is provided to meet his business needs. Zoning File #97-317 � Page Five Staff does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the special condition which is to prohibit auto-related uses on particularly small lots. In fact, the staff analysis in the previous special condition use permit request for this property raised the issue of the inappropriateness of garticularly small sites for auto-related uses. 3. 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: a. The extent, locatioa and intensity of the use will be ia substaatial compSiance with the Saint Pau2 Comprehensive Plan and any applicable subarea plans which were approved by the city council. � 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. While the applicant is able to provide the required off-street parking, it appears there is not adequate space on the lot to provide the required setback and landscaping and still accommodate the use. The Near East Side Improvement Strategy (NIS) completed in 1969 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 include: 1) "concentrate commercial land uses along existing commercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appearance of commercial establishments; 3) improve the opportunities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a policy statement by the planning commission and the city counciZ but was not adopted as part of the city's comprehensive plan. b. The use will provide adequate ingress aad egress to minimize traffic congestiaa in the pubZic streets. This condition is met. The proposed use is not expected to generate a significant amount of tra£fic. The average daily traffic volume on Arcade Street between Sixth and Seventh Streets is 6,700 (JUly, 1991). � Q� Y r a.8 � I � Zoning File #97-317 - Page Six On-street parking is permitted on the east side of Arcade Street except from 4:00 p.m. to 6:00 p.m. On-street parking on the west side o£ Arcade between Seventh & Margaret is limited to 15 minutes from 8:00 a.m. to 6:00 p.m. c. The use will aot be detrimentaZ to the existing character of the development in the immediate neighborfiood or endaager the pub3ic health, safety aad geaeraZ 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 truck and trailer rental business will not be detrimental to the character of the neighborhood or endanger the public safety and general welfare. d. The use will not impede the nozma2 and orderly development and impzovement of the surrouading property for uses permitted in tke district. This condition is met. e. The use shall, in all other respects, conform to the applicable � regulatioas of the district in which it is located. This condition is not met. The site plan submitted does noC provide the required setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too small to provide the setback and landscaping and still accommodate the proposed use. In addiCion, while Section 61.103(b1 requires side and rear yards of at leasC ten feet when a business district adjoins a side yard in an adjacent residential district, Che board of zoning appeals granted a variance of this requirement for this property in 1976. 4. The off-street parking requirement for truck and trailer rental is one space per 400 square feet of office space and one parking space per 2,000 square feet of outdoor display area. The parking requirement for the lock and key service is one space per 300 sguare feet. The requirement for the proposed use is three spaces (one for the office space and two for the outdoor display area). 5. Section 64.300(f): of the zoning code states, "The planning commission, after public hearing, may modify any or all special conditions, when strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner o£ such property or structure; provided, that such modification will not � impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. Zoning File #9�-317 � Page Seven I. STAFF RECOMMSNDATION: Based on findings 2d, 3a, and 3e staff recommends denial of the special condition use permit to allow U-Haul truck and trailer rental. �� i • � r-� �y �J SPECIAL CONDITION USE PERMIT APPLICATION Saint Pau! Zoning Ojfice II00 City Ha11 Annex 25 A'est Fourth Street Saint Paul, MNSSIO2 266-6589 APPLICANT Address � � � � �,6� yav.� City ,(• (� St.J.LZip S Slo �. Daytime phone "��7 �—��S � Name of PROPERTY I AddresslLocation LOCATION Legal description: Current Zoning � TYPE OF PERMIT: Application is hereby made under the provisions of Chapter ( , Section��, Paragraph pZ of the Zoning Code for a: '�@ Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATION: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ��,p� St�c�'S Y`�-c_ � 5 W �ev w�M��.er � L.ocf� S�rc�E�-� � a- �c_ �„�a�...�� l� (�-� � �� / �— ��-�lX �,n�-e.� F-rtvw�'�-��W�ll l��a� 8�.�.s,k4si� -Eo l� � lp S�P�- -�- t�,.�- B,.�s n., �ss 2 - 3 /o - l �f � � i r .,�� -S / � G�- �.c � r �--s +d.-� w-c� s -f- .2-3 4'- /o �F� ir� ` N-� On� 5r� rt-r.��. C� Applicant's signature � )�,a,.,��Q / ;y� Date / 1S City agent /��K-� �Z ��h"�j� Saint Paul Zoning O£fice/Planning Division 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 December 1, 1997 To Whom It May ConCern; This is Open Say's Me's formal app2ication for a Zoning Permit in order to conduct business at our location of 672 Arcade Street. It is my understanding that I will need to obtain a variance or Special Condition Permit to conduct my truck and trailer rental business out of the above mentioned location. My proposal is as follows: 1 We will be renting and or storing only 6-8 units on the property at any given time. Referring to section 60.543-Zoning requirements 64.300 paragraph 2 D that we do not meet the 15,000 sqaure feet requirement, but feel we provide adequate space to meet out service needs. P�ease refer to attached site plan. 2 We have already upscaled the property and will continue to do so in a growing business environment. 3 The need for UHaul service in this area has been established due to the closure of their previous location at 2617 Rice Street. We estimate the forwarded calls from that location at approximately 50 per day during peak rental periods. As a small my community, I my endeavor. business owner looking forward to investing in would appreciate your input and cooperation in Please feel free to contact me at 612-774-4452 with regards to my proposal. Thank you so much for your attention in this matter. Respectfully, Open $ay's Me attachment ❑ � � �� Z� � � ,, ; ., _.. � � i .-f'� ✓� a a (� � � � � � i � ; �� q�� s F �,t�� 2�1,1 Ti � �.tiv�. �`i2. �c��. �ree� I 1 l � I ,� �. �3 � �' � � �� s � � 4 � f�( I�� -a$ � � _ Q � � w — 4 y�, � � i �. � � -� � �� - X O M k �� ri a �. �� s � (� v �� 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. 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Paul Zoning O�ce Subjecc Public IIcuing Zc�ainv 7';Ie �'r: 9R-0:0 Zon.ina Fil_ Name: Da.�rell Tilmon l�ear Ms. Dacllez: g °� � -a �� Sent v�a Facsimi7e 6�?f2283374 T'!ie pucpose uf this lerrer is to document my disputes conceming the aupral of a special use peimit fr�r the Properry locaced at 672 Accade Screer. 7.isLed below ue my reasons foc nor wan�ing the Piaru�ing Comnussion m a�,sn�e a use pemii co ;illow ouidooc renral of U-Haul t�ucl�s and aail�xs: 1. 'fhe !oc is noc luge enough. Thcrc i, only one rntcancc inm rhe s+nail lot, �uid it is �ny opinion cu;comecs wi11 park in rt,e residential ;ueas in (iont of surmvnding homes. Th� rl;�Enc will Uc a discureance to my nci�*hbors ;:nd me. It is ;ilsc� my opinion dii, lot cui no[ house ciiougJi micks and tca+ters foi thc huxiness cn be a viable cnary. 2. Th�t rype of busincss will be :n� e} to rhe neighborhood. Ihc communitq is worlung hard m come rogerhet ro e�taUlsh x quiecer, ciune-fcee asea. 71�u buildii� would be less [han rivo l�locla Crom a f�atholic School and Chutch. 3. This lot promotes leicering. 7he ;vr i; empry at ni�it and hav poor lighnng. U-IIaul t�ucks pazked in rhe Inc eviil deciease visib�litv of d�e ongoing pxoblenu widz dze l;quor s[oce nesc door. The 1ot continues ro he a p�ace wheie �ug de�le�� h:uzg ouc and r�herc minocs pay adul � ro rurchase liquoz foi rhem. By adding in 2ailers and uvck;, we w;ll enable mote of ffus rype nf activiry to continue, unsezn U.� polite ;u�d /or neighbc�is. �, i�ne-time esceprion �Jlows o�1er fueure busine,se, a basis to show eaception. I believe +f the pemuc i> gr3nted, othe= businesces can ask for rhe �,une consideration. S. T,oss ot'pzopemr value fnc su�YOUndtin� homes. Wha vn,nts a husiness like rhis ne�t doc�c% b. "t'he peririonei is not :hc acnvl vwnex. ".Che acmal owner i, rhe parcy responsible foz thc pcevi<�us problems �v�th an au to loc and is th� reason rhe use peunit vrc> revnked and changed. The actuai ownec hzs adveroc�3, for somc timc, rhxt the propetry is fcr sale, hur he Gsts i� a[ azi unreasonablc, aUove mirke2 ptice. 1 r is nly opinion this owner has no uttenrion Uf scllin�* rhis prope,-��, ax�d w1: <<se thc properry again it rhe pem�ie is granted. 7. Tne curenr lessee has no, Sho�vn t�spunsible tcnancp. T�uring the Chusunas season, he sold wrea�hs chat wecc hung out�ide. T7ie wsearhs were nnr .ecured and chere was o,igoing vandaii;m ro, and eheft of, the wrexth; frrr a geriod cf a invnth. Tlvs fact re�terates m mc thar �he micks and rr.iilei; pa��ked �utside pose a thmat to che neiohbochood with regard �o theft, vazidalisrq and loitering, and ihac the les�ee has noc caken the proper steps to u�sure this lot cemams secused. "Chank yrou for yoes considerauon of my inpur. Both my hwU2id and I hope this lot will nor be gi��en a special e;e �tmit. �dp hu>band, Michasl L?uPont, cuaendy serves on the Commuaity Counci] for Distr_ct 4, a=Lo nas al<e iejec�d rhe peticioner's cc�gucsr ior eecepnon. If yvu have any questions, pleese feel fzee ro conract me or nry husband at 612/77G-102�. �,`,�,, lC c��.P I�imUcdy J. I7uPonc 82+} Ma�,aret S¢eet TOOr¢j %d3 SC�ST Q$M 86/TT/CO Date: March 3, 1998 a� � To: K. Dadlez From: Steve and Elaine Asmus Neighborhood Block Club Representarives for the 800 Block of Margazet St. St. Paul, MN. 55106 Subject: 672 Arcade St. T wanted to let you know tliat we are not in favor of what 1vIr. Daryl Tillman is in the processing of thiiilting to do witli the lot at 672 Arcade St. We l�ave spent past yeazs wifli nothing hut problems with the Landlord of this property and his so called plans for tlus lot as well. It is not zoned for a used car lot, or any rental of moving trucks, trailors etc. There is simply not enougl� room on tltat lot. What does it take for these people to get it through their heads that Uiey are wasting everyones time and their money on this issue. � Sincerely, Block Club Rep. E. Asmus Council File OR1�INAL Presented By Referred To 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 CommiCtee: Date �7 WHEREAS, Darrell Tilmon, in Zoning File No. 97-317 made appiication to the Saint Paul Plamiiug Commission for a special condifion use permit pursuant to Saint Paul Legislative Code Sections 60.544(2) and 64.300(d) for the purpose of allowing rentai of "U-Haul" trucks and trailers on property located at 672 Arcade Street,legally described as Lot 1; Otto's Subdivision of Lot 15 of Otto's Subdivision; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on January 15, 1998, after having provided notice to affected property owners, and submitted its recommendation to the Planning Commission. The Planning Commission, by its resolution 98-04 dated January 30, 1998, decided to deny the application based upon the foliowing findings and conclusions: 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inabiliry of the proposed use to meet them are as follows: a. The minimum lot area shall be fifteen thousand (15,000) sguare feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking and customer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square fee less than required. The applicant requests a modification of this condition stating that he feels adequate space is provided to meet his business needs. Howevex, the plaiuiing commission does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the speciai condition which is to prohibit auto-related uses on particulariy small lots. b. The eatent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city councii. This condition is not met. One of the land use and zoning goals of the District 4 PIan states, "ta promote better buffering between residenrial, commercial, and industrial land uses on and around East 7`" Street, ..." p. 13. The District 41and use policy states that Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� - �.�G b�� 2 � 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 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c . the disirict council will support development of new or redevelopment of e�sting structures in industrial or commercial azeas only when accompanied by pazkiug provisions as established in the zoning code and by proper landscaping. While the applicant is able to provide the tequired off-street pazking, it appears there is not adequate space on the lot to provide the required setback and landscaping and stiil accommodate the use. The Neaz East Side Improvement Strategy (I�TIS) 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 proposed use is the goals for economic development. These goals include: 1) "concentrate commercial land uses along existing commercial spines and at e�sting commercial nodes; 2) improve and maintain the vitality and appearance of commerciai establishments; 3) improve the opporhu�ities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The 1VIS 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. The use shall, in all other respects, 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 setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too smali to provide the setback and landscaping and stili accommodate the proposed use. q�' �' WHEREAS, pursuant to the provisions of Saint Paul Legislative Code Sections 64.206, Darrell Tilmon duly filed with the division of planning an appeal from the determination made by the Planning Commission, requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said commission; and WHEREAS, acting pursuant to Saint Paul Legislative Code Sections 64.206 through 64.208, and upon notice to affected parties, a public hearing was duly conducted by the City Council on March 11, 1998, where all interested parties were given an opportunity to be heard; and WHEREAS, the Council, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Planning Commission, does hereby RESOLVE, that the Councii of the City of Saint Paul does hereby affirm the decision of the Pla.miing Commission in this matter, based upon the following findings of the Council: The Council fmds that there was no error in fact finding or procedure in the Plamiing Commission's consideration of this matter and further notes that the proposed site at 672 Arcade Street is too sma11 to accommodate auto-related uses; ORIGINAL 1 2 3 4 5 6 7 8 AND, BE IT FURTHER RESOLVED, that the appeal of Darrell Tilmon be and is hereby in all things denied; AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Darrell Tilmon, the Zoning Administrator, and the Planuiug Commission. q Y.�.gG Raquested by Department of: Adopted by Council: Date j\�� - 1�S � l\O � Adoption Certified by Council Secretaiy BY: V Approved by Mayor: D te �._ sy' By: Form Approv d by City Attorney B �.��✓!./�-- `� � - 9�' Approved by Mayor for Submission to Council 8Y: o��-�-8'4 City Council Offices GREEN SHEET r,o 60$70 Lantry, 266-8670 TOTAL � OF SIGNATURE PAGES oE..nm+ra.o�ma ❑ ananon�r ❑ urrasnK ❑awnx�w.amvitcsoat ❑sruxc+uaca�n�ccro ❑MYq[NMWOfIW�) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Memorializing the decision of the Gity Council on March 11, 1998 in which they upheld the decision of the Planning Commission and denied the appeal o£ Darrell Tilmon, 672 Arcade Street. PLANNING COMMISSION CIB COMMITTEE CML SERVICE COMMISSION L50NALSERY[CE CANTW�GfS MUST ANSWEit iHE FOLLOWING Q Has this Pe�soMrm everworked under a conira�t forthis dePSrtmenYt YES NO Has this pe�soN6�m ever been a city empbyee7 VE3 NO Does this Pe�soMrtn P�ss a sldll not nam�ally0�ed bY anY current aty emWoyee9 YES NO Is Mia P�rtn a faroetetl vendoR YES NO $dc` n t �,i"k;'i �,`'°9-�,6.,�,�r's"v.. ^'-�e..,u'u.y� wb �� _ _3 AMOUN7 0F TRANSACTION S COSTIREVENUE BUDGETED (QRCLE Oii� 1l�' ACTNITY NUINBER �NFORMIQ'AN (E1wWN) CITY OF SAINT PAUL Norm Colemme, Mayo� Apri13, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Zoning File No. 97-317 Appeal by Darreli Tilmon March I1, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY a p�a$' �o Peg Birk, Ciry Attorney { 0 Civil Division 400CiryHall Telepho»e:612266-8770 ISWestKelloggBtvd Facsimite:672298-5619 Saint Paul, Minnesota 55102 Attached please find a signed resolution memorializing the decision of the Saint Faul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, ��"�i�, l✓ L✓GtN✓� Peter W. Warner Assistant City Attorney PWWfrmb Enclosure DEPAR7'MENT OF PLANNING & ECONOMIC DEVELOPMENT CTTY OF SAINT PAUL Norm Colemars, Mayor February 17, 1998 Ms. Nancy Anderson City Council Research Office Room 31� City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division af Plmming 25 WestFOUrth Street Soi�6Pau1, MN55702 lX V ,� Te[ephone: 6I2-266-6565 Facsimile: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled far Wednesday March 11, 1948, for the following appeal of a Planning Commission decision denying a special condition use permit: Appellant: DARRELL TILMON File Number: #97-317 Purpose: Appeal a Planning Commission decision denying a special condition use permit to allow outdoor rental of U-Haul trucks and trailers. Address: 672 Arcade Street (northeast corner of Arcade & Margaret) Legal Description ofProperty: Lot 1; Otto;s Subdivision of Lot 15 of Ottds Subdivision Previous Action Planning Commission Recommendation: Denial; vote: unanimous (one abstention), January 3Q 1998 Zoning Committee Recommendation: Denial; vote: 5-0 (one abstention), January 15, 1998 My understanding is that this public heazing request will appeaz on the agenda for the February 25, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerel �� Kady dlez City Planner cc: File #97-317 Paul Dubruie] Pattie Kelly Cau�c ReS��t�h ��►�( _ �. ._.. !. ��: �1.`\ + �sr xux • AiOTICE OF PUBIdC HEARIDiG 17ie Saint Paul City Ctiuncii w711 conduct a public hearing on Wednesday. March 11. 1998 aG5:30 p.m- in the_City Council Chambers, Third Floor �ty�Hall-Court Hause. to consider-Yhe'appeal of �Daxtell "fflmon to a decision of the Planciing Commission denying a special-candition�use permif to allow outdoor rental of U-Havl trucks and trailers�at 672 ArcadeStreet (northeast rnmer of-Arcade and �Margaazetl.- , Dated�Februafy7S,1998 , - .� NANCY ANDERSON , - -- - - . - . - _ _ Assistant City Gouncil Secretary . � - � , � _ � (Februarv 21 19ZJ8} - - � � r 1 � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Norm Coleman, Mayor Divisian ofPlanning 25 West Founh Street Saint Pau(, MN55702 March 2, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #98-030: DARRELL TILMON City Council Hearing: March 1 I, 1998, 5:30 p.m. City Council Chambers 1� Telephone: 672-266-6565 Facsimile: 6I2-228-3374 PURPOSE: Appeal a planning commission decision denying a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street (northeast corner of Arcade & Margaret). PLANNING COMMISSION ACTION: DENIAL Unanimous (one abstention) ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 (one abstention) STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITION: No one spoke. Dear Ms. Anderson: DARRELL TILMON has appealed the decision of the Saint Paul Planning Commission to deny a special condition use permit to allow rental of U-Haul trucks and trailers at 672 Arcade Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on January 15, 1998. The applicant's representative addressed the committee. At the close of the public hearing the committee voted 5-0 (one abstention) to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote (one abstention) on January 30, 1998. This appeal is scheduled to be heard by the City Council on March 11, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, `�� Ken Ford Planning Administrator Attachments cc: City Council members � APPLICATION FOR APPEAL Deprrrtnre�rt ojPlanning and Ecorromic Deve(opme�rt Zoni�rg Section II00 City Hall Rnnex 25 6f est Fonrtl: Sireet Saint Paul, MN SSIOZ 166-6589 APPELLANT � Name City PROPERTY LOCATION tirtg vffice u: _t � Zip S�� Daytime pho � � `:C��t�i,;�: �, .. Yb :IZbF Zoning File Name (`� �.,�� S 1;✓\-t. Address/Location �% 1 2 Ya �r C_4 S-t �� 1 ri '� "f=��— 7YPE OF APPEAL: Application is hereby made for an appeal to the: � 8oard of Zoning Appeals ❑ City Council under the provisions of Chapter 64, Section S`t`I , Paragraph � of the Zoning Code, to appeal a decision made by the p�ra�....,� �'r�.�,. �c. -�-.� - on � �,,��, o.�.� 3tl , 19`18 . File number. `i� -� 1"� (date of decrsronJ GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. Attach additronaf sheet if necessary) AppficanYs Date � -�� i� City z��3�9� � �.�8'� � Department of Planning and Economic Development Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 February 11, 1998 To Whom It May Concern; This is Open Says Me's request for appeal on our proposal £or a Special Condition Use Permit regarding the property located at 672 Arcade Street. In attempt to address the conditions not met in the earlier proposal we offer the £ollowing addendums and respectfully request your reconsideration of the Planning Comission's decision. 1. Please review attached Consent of Adjoining Property Owners for a Special Condition Use Permit. 2. Please review modified original plan regarding on site vehiCles. We are now requesting display and storage � of onlg 3-5 units as opposed to the 6-8 units previously proposed. This potentially could create additional room for the required landscaping or additional of£-street parking. 3. The Board o£ Zoning Appeals has granted a variance at this location prior to our purchase of the property. We have upscaled and modi£ied the property in an attempt to comply with the NIS goals of improving and maintaining the vitality and appearance of a growing East Side business environment. Open Says Me deserves the same opportunity to succeed at this location. 4. We feel that the denial o£ the Special Condition Use Permit does in fact unreasonably restrict our ability to run a success£ul business at this location. Open Says Me has made many modifications to our original business plan in attempt to comply with the Planning Commision. Once again we have established a need in our community and would appreciate your support in our endeavor. Thank you so much £or your attention in this matter. Respectfully, � Open Says Me attachments � n � � � � � � � t_ � v t) )1 . � �" }' C� � l � � � � � £w �� 3 � �� T a 2 � -- _ - �- -- _ ✓ � .____ _ f ��s �`�- ✓r� f � � w . --- _r �t � � �.a �� city of saint paul planning commission resolutio� file number 98-04 �t� January 30, 1998 �VHEREAS, DARRELL TILMON, file �97-317, has applied for a Special Condition Use Permit under the provisions of Sections 60.544(2) and 64.300(d) of the Saint Paul Legisiative Code to allow r�ntal of U-Haul trucks and trailers, on property located at 672 ARCADE STREET, legally described as Lot 1; Otto's Subdivision of Lot I S of Otto's Subdivision; and �VHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 15, 1998, at which all persons present were given an opportunity to be heard pursuant to said application in accordance �rith the requirements of Section 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 reflected in the minutes, made the following findings of fact: � 1. The proposed use does not conform to several of the required findings for the special condition use permit specified in Sections 60.544(2) and 64.300(d) of the zoning code. These conditions and the inability of the proposed use to meet them are as follows: a. T/te »:ini»:ttm !ot area s1:a11 be ffteen ll:ousand (I5,000} sqt:are feet. A site plan shatl be srrbmitterl s/:orvin� the Zayotd of t1:e ve/ticles for sa[e or reret, en:ployee parking, and cttstomer parking. This condition is not met. The site has a lot area of 5,242 square feet, including one-half of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this conditaon stating that he feels adequate space is provided to meet his business needs. However, the planning commission does not recommend that this condition be modified since such a modification would not be in keepin� �vith the intent of the special condition tivhich is to prohibit auto-related uses on particularly small lots. b. Tl:e exfent, locaiiorr and intetisity of flte c�se will be in substantial cornpliance with the SaintPaul Comprehensive Platr and mty applicable sttbarea plai:s rvl:iclt were trpproved by the city council. moved by Field � seconded by _ in favor 14 a��.j^t 0 Kramer abstained) Zoning P'ile #97-317 Page Two of Resolution This condition is not met. One of the land use and zoning goals of the District 4 Plan states, "to promote better bufferina bet�n'een residential, conunercial, and itidustrial land uses on and aronnd East 7th Street,..." p. 13. The District 4 land use policy states that fhe district council will support development of new or redevelopment of existing structures in industrial or commercial areas only ��hen accompanied by parkinb pro��isions as established in the zoning code and by proper landscapin�. While the ap1�licv�t is able 40 provide the required off-street parkin„ it appeazs there is not'adequate space on the lot to provide the required setback and landscaping and still accommodate the use. � 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 proposed use is the goals for economic development. These goals includ�: 1) "concentrate commercial land uses along existin� conunercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appeazance of commercial establishments; 3) improve the opportunities for existing businesses to remain and gro�t� on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a poticy stltement b}� the pIanning commission and fhe city councii but was not adopted as part of the city's comprehensive plan. � c. Tke use sliall, in all oUzer respecfs, confarnz to tlre applicable regxlations of tfie district ir: wlticl: it is locaterl. This condition is not met. The site plan submitted does not provide the required setback with landscaping bet��een public rights of way and the parking lot as required by the zoning code. The siYe is too small to provide the setback and landscaping aad sti11 accommodate the proposed use. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Special Condition Use Pemut to atlow� rentat of U-Haul trucks and trailers at 672 ARCADE STREET is hereby approved denied. � ��.ag6 � � Saint Paul Planning Commission City Hall Confcrence Center 1� Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, January 30, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, En�h, Geisser, Maddox, Morton, Nordin, Treicliel, and Wencl and Present: Messrs. Field Jr., Gervais, Gordon, Kramer, Mardell, McDonell and Nowlin. Commissioners Mmes. *Faricy and Messrs. Chavez *Johnson, *Kong, Sl�arpe, and *Vau�ht Absent: *Excused A►so Present: I Ken Ford, Planning Administrator; Jean Birkholz, Kady Dadlez, Nancy Homans, Roger Ryan, and Jim Zdon, DepaRment of Planning and Economic Development staff; and Donna Sanders, Councilmember Reiter's Office. #97-317 Darrell Tilmon - Special condition use permit to allow rental of U-haul trucks and trailers at 672 Arcade Street. (Kady Dadlez, Southeast Team) MOTION: Co»mtissioner Field moved denind of tke requested specia! condition use pern:it to a!!ow renta! of U-ha�d trtrcks and frailers at 672 Arcade Streel. Commissioner Kramer will abstain from participation in discussion and the vote. T/te neotion on ilreJloor to deny ihe requested specia! conditio�t use permit to allow Ihe renlal oj U-/ratd tr[rcks mrd trailers at 672 Arcade Street cnrried on a voice vote wit/e one abstention (Krat7ier). Commissioner Field read the a�enda for the next Zoning Committee meetins on February 5, 1998 at 330 p.m. y V. Old Business Hertz Resolution - Adopt resolution sho�ving Planning Commission decision of January 9, 1998 - (Roger Ryan) MOTIO\: Conenzissioner Kranzer nroved rrpprova! ajthe resolrrtian s/rowing f/re PlaHning Co»:n:issio�a deeisioi: of Jmttrary 9, I998, to granl tlte appen! ojClifforrl Nas/e m:cl to modify tlre Hertz site plan; Con:missioner Field seconderl ihe matioi: w/eidt crrrried renai:imously on a voice vote. VI. Comprehensive Planning and Economic Development Committee � Commissioner Maddox reminded Commissioners that there is a joint Committee meeting next week with the Neighborhood Planning and Land Use Committee to discuss the site plans for the Ramsey County Detention Facility and Metro Transit's East Metro Transit facility at 4 p.m., on Wednesday, February 4, on the 14th floor of the City Hall Annex. VII. Neighborhood Planning and Land Use Committee —��. : � � C ' ,� � � MINUTES OF THE ZOfViNG COMMI7TEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESO7A ON JANUARY 15, '1998 PRESENT: Mmes. Morton and Wencl and Messrs. Chavez, Field, Gordon and Kramer of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez, Homans and Kelley and Messrs. Ryan and Zdon of the Planning Division. EXCUSED: Ms. Faricy and Mr. Vaught The meeting was chaired by Litton Field, Chairperson. DARRELL TiLMON 672 Arcade Street• 97-317� Special Condition Use Permit. To allow rental of U-Haul trucks and trailers. Kady Dadlez, PED, Southeast Quadranf, presented slides and reviewed the staff report, stating that based on Findings 2d, 3a, and 3e, staff recommends deniai of the Speciai Condition Use Permit. She noted a discrepancy in the appficafion pertaining to the number of trucks from 3 to 4 versus 6 to 8 and she requested clarification from the applicant. Ms. Dadlez said that although she had not received anything in writing, Dayton's Biuff Center for Civic Life opposes the SCUP but � does support the existing lock and key business. Ms. Dadlez stated that the staff recommendation for denial woutd remain fhe same wfiefher there were 3 to 4 trucks or 6 to 8 trucks on site. Kellie Weitala, (1801 Case Avenue), fiance of Darrell Tilmon, appeared on his behalf. Ms. Weitala referred to the square footage on the property and stated there would be room for the trucks, and she verified there wouid only be 3 to 5 trucks and/or trailers on the property at one time. Upon questions of Commissioner Gordon, Ms. Weifafa expfained that customers for the lock and key business use both off-street parking as well as the parking lot, and that the trucks they will utilize are both smali and large in size. Ms. Weitala said they have upgraded the property by painting, repairing light fixtures and some inYerior work, and it is their desire to purchase and upgrade the property in the future. Upon question of Commissioner Morton, Ms. Weitala stated the present owner of the buitding is Marv Sayre. Upon question of Gommissioner Gordon pertaining to setbacks and landscaping, Ms. Weitala said there is not enough room to expand to accommodate the setbacks and landscaping. At the question of Ms. Dadiez, Ms. Weitala verified there will be no repair or refinishing of trucks and / or trailers on the lot. � No one spoke in either support of or opposition to the permit, and the public hearing was closed. Commissioner Gordon moved to deny the Special Condition Use Permit based on fhe staff recommendation, and the motion was seconded by Commissioner Morton. qg-aa�� Zoning Committee Minutes January'15, 1997 Darrell Tilmon; 97-317 Page Two Commissioner Chavez stated although the applicant is doing very well with his lock and key business, he is in support of the motion because he believes the lot area is too smalf. There was no further discussion. ADOPTED YEAS-5 NAY-0 Drafted by: Pattie Keiley �� Recording Secretary (Commissioner Kramer abstained) Quadrant Approved Chair i !c - ZONING_COMMITTSS_STAFF � FILE # 97-317 1. APPLICANT: DARRELLL TILMON DATE OF AEARING: O1/15/98 2. CLASSIFICATION: Special Condition Use 3. LOCATION: 672 ARCADE STREET (northeast corner of Arcade & Margaret) 4. PLANNING DISTRICT: 4 5. LSGAL DESCRIPTION: Lot 1; Otto's Subdivision of Lot 15 of Otto's Subbd. 6. PRSSENT ZONING: B-3 ZONING CODS RBFERENCE: §60.542(2) &§64.300(d) 7. STAFF INVESTIGATION AND REPORT: DATB: 1/8/98 BY: Kady Dadlez S. DATB RSCEIVSD: 12/15/97 DBADLINE BOR ACTION: 2/13/98 ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ A. PIIRP03a: Special condition use permit to allow rental of U-Hau1 trucks and trailers. B. PARCEL SIZE: The property has 123 feet of frontage on Arcade Street and � 39.41 feet of frontage on Margaret for a total lot area of 4,847 square feet. Including one-half of the alley, the lot area is 5,241 square feet. C. HXISTING LAND IISS: The site is vacant except for a small building and paved surface. D. SIIRROUNDING T,AND IISE North: Liquor store immediately to the north and other commercial uses in a B-3 zoning district. East: One and two-famil.y homes in an RT-1 zoning district. South: One and two-family homes in an RT-1 zoning district. West: Clinic, grocery store, drug store, and other commercial and residential uses in a B-3 zoning district. S. ZONING CODE CITATION: Sections 60.544(2) and 64.3D0(d) of the zoning code permit outdoor sales of used automobiles subject to the conditions detailed in findings #2 and #3 of this report, F. HISTORY/DISCIISSION: The site was used at one time as a gas station. The building on the site appears to date from that use, Until the early 1980s there was a repair garage and commercial building on the north part of the lot. Following is a chronology of recent activities: 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. 9�-a�� i � � Zoning File n97-317 Page Two 1981: Special condition use permit approved for used car sales for 666 Arcade Street (south part of the site) with several conditions including no certi£icate of occupancy until conditions are met and limit of Eour cars. Use apparently was never established. Underground gas tanks were removed in 1981. 1982: License issued for used car sales for four cars. 1983: Special condition use permit £or 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 1ine. A neighbor spoke in opposition because previous conditions were 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 aars 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 for trailer sales was filed and then withdrawn. 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 the planning commission's decision. Staff had recommended approval of the permit with nine conditions as did the zoning committee. 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, the£t and vandalism, and an 8-foot chain link fence would detract £rom 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 recommending that land uses which are incompatible with adjacent residential uses (e.g. auto body shops, used car lots) be phased- Zoning File #97-317 Page Three out. The city council's resolution affirming the planning commission's decision cited the same findings. 1995: Special condition use permit for a used car lot was approved by the planning commission. Permit allowed 7 cars for sale and 4 off- street parking spaces. The bistrict 4 Council appealed the planning commission's decision to the city council. The city council granted the appeal of the District Counci2 and denied the special condition use permit. In 1995 when the planning commission approved the special condition use permit to allow the outdoor sales of automobiles it found that all of the conditions of the permit were met and approved the permit to allow 7 cars for sale and 4 off-street parking spaces. The city council's resolution overturning the planning commission's decision and denying the permit cited the sma11 lot size, the policy statement from the Near East Side Improvement Strategy, and the detrimental impact to the existing character of development in the immediate neighborhood. Finally, for your information, the following is the staff analysis which accompanied the staff report for the special condition use permit requested in 1995. STAFa ANALYSIS: The proposed site, 4,647 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 home 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. 1996: For your information: In May, 1996, the planning commission recommended approval of, and the city council adopted, an amendment to require a minimum lot size of 15,000 square feet for uses which include outdoor sale/rental of automobiles, trucks, and trailers. 1996: Peter Lobinsky applied for a special condition use permit to allow the outdoor sales of automobiles. The request was denied by the planning commission. 1997: Appeal, by Peter Lobinsky, of the planning commission's decision to deny the permit. The city council denied the appeal. � � � ��-a�� Zoning File #97-317 - Page Four G. DISTRICT WIINCIL RHCO23MENDATSON: The Dayton's Bluff Center for Civic Life will take a position on the special condition use permit application at its board meeting on January 12, 1998. Its Land Use Committee voted Co oppose the special condition use permit, but to support the existing lock & key business. H. FI23DINGS 1. The applicant currently operates a lock and key service from the site called Open Says Me. He would like to expand his business by offering U-Haul trucks and trailers for rent. He intends to have 6 to 8 such vehicles on site at any given time: 3 to 4 trucks measuring 10 by 14 feet and 3 to 4 trailers measuring 4 by 10 feet. The applicant states that he has made improvements to the property since he established his lock and key business and that he intends to continue making improvements in a growing business environment. 2. Section 60.544(2) permits outdoor sales space for exclusive sale of new or secondhand automobiles, house trailers or rental oE trailers or automobiles, all subject to the following: a. The lot or azea shall be provided with a permanent, durable and � dustless surface, and sha12 be graded and drained as to dispose of a1Z surface water accumulated within the area. This condition is met. The site is adequately paved and drained. b. Yehicular access to the outdoor sales area shall be at 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 Stxeet. c. No repair or refinishiag sha21 be done on the lot unless conducted within a comp3ete2y eneSosed building. This condition will be met provided the applicant has no intention of conducting repairs or refinishing on the lot. I�iowever, staf£ was not able to Calk with the application prior to writing the sta£f report and was therefore not able to ascertain whether the applicant had any intention of doing any repair or refinishing. d. The minimvm lot area sha12 be fifteen tkousand (T5,000) squaze feet. A site plaa sha12 be submitted showing the 2ayout of the vehicles for saZe or reat, employee parlcing, and customer parking. This condition is not met. The site has a lot area of 5,242 square � Eeet, including one-hal£ of the alley. This is 9,758 square feet less than required. The applicant requests a modification of this condition stating that he feels aclequate space is provided to meet his business needs. Zoning File #97-317 � Page Five Staff does not recommend that this condition be modified since such a modification would not be in keeping with the intent of the special condition which is to prohibit auto-related uses on particularly small lots. In fact, the staff analysis in the previous special condition use permit request for this property raised the issue of the inappropriateness of garticularly small sites for auto-related uses. 3. 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: a. The extent, locatioa and intensity of the use will be ia substaatial compSiance with the Saint Pau2 Comprehensive Plan and any applicable subarea plans which were approved by the city council. � 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. While the applicant is able to provide the required off-street parking, it appears there is not adequate space on the lot to provide the required setback and landscaping and still accommodate the use. The Near East Side Improvement Strategy (NIS) completed in 1969 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 include: 1) "concentrate commercial land uses along existing commercial spines and at existing commercial nodes; 2) improve and maintain the vitality and appearance of commercial establishments; 3) improve the opportunities for existing businesses to remain and grow on the East Side." (p. 23, goals 1, 8, and 6) The NIS was accepted as a policy statement by the planning commission and the city counciZ but was not adopted as part of the city's comprehensive plan. b. The use will provide adequate ingress aad egress to minimize traffic congestiaa in the pubZic streets. This condition is met. The proposed use is not expected to generate a significant amount of tra£fic. The average daily traffic volume on Arcade Street between Sixth and Seventh Streets is 6,700 (JUly, 1991). � Q� Y r a.8 � I � Zoning File #97-317 - Page Six On-street parking is permitted on the east side of Arcade Street except from 4:00 p.m. to 6:00 p.m. On-street parking on the west side o£ Arcade between Seventh & Margaret is limited to 15 minutes from 8:00 a.m. to 6:00 p.m. c. The use will aot be detrimentaZ to the existing character of the development in the immediate neighborfiood or endaager the pub3ic health, safety aad geaeraZ 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 truck and trailer rental business will not be detrimental to the character of the neighborhood or endanger the public safety and general welfare. d. The use will not impede the nozma2 and orderly development and impzovement of the surrouading property for uses permitted in tke district. This condition is met. e. The use shall, in all other respects, conform to the applicable � regulatioas of the district in which it is located. This condition is not met. The site plan submitted does noC provide the required setback with landscaping between public rights of way and the parking lot as required by the zoning code. The site is too small to provide the setback and landscaping and still accommodate the proposed use. In addiCion, while Section 61.103(b1 requires side and rear yards of at leasC ten feet when a business district adjoins a side yard in an adjacent residential district, Che board of zoning appeals granted a variance of this requirement for this property in 1976. 4. The off-street parking requirement for truck and trailer rental is one space per 400 square feet of office space and one parking space per 2,000 square feet of outdoor display area. The parking requirement for the lock and key service is one space per 300 sguare feet. The requirement for the proposed use is three spaces (one for the office space and two for the outdoor display area). 5. Section 64.300(f): of the zoning code states, "The planning commission, after public hearing, may modify any or all special conditions, when strict application of such special conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in exceptional undue hardship to the owner o£ such property or structure; provided, that such modification will not � impair the intent and purpose of such special condition and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property. Zoning File #9�-317 � Page Seven I. STAFF RECOMMSNDATION: Based on findings 2d, 3a, and 3e staff recommends denial of the special condition use permit to allow U-Haul truck and trailer rental. �� i • � r-� �y �J SPECIAL CONDITION USE PERMIT APPLICATION Saint Pau! Zoning Ojfice II00 City Ha11 Annex 25 A'est Fourth Street Saint Paul, MNSSIO2 266-6589 APPLICANT Address � � � � �,6� yav.� City ,(• (� St.J.LZip S Slo �. Daytime phone "��7 �—��S � Name of PROPERTY I AddresslLocation LOCATION Legal description: Current Zoning � TYPE OF PERMIT: Application is hereby made under the provisions of Chapter ( , Section��, Paragraph pZ of the Zoning Code for a: '�@ Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING INFORMATION: supply the information that is applicable to your type of permit (attach additional sheets if necessary) • SPECIAL CONDITION USE: Explain how the use will meet each of the special conditions. • RIVER CORRIDOR CONDITIONAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. ��,p� St�c�'S Y`�-c_ � 5 W �ev w�M��.er � L.ocf� S�rc�E�-� � a- �c_ �„�a�...�� l� (�-� � �� / �— ��-�lX �,n�-e.� F-rtvw�'�-��W�ll l��a� 8�.�.s,k4si� -Eo l� � lp S�P�- -�- t�,.�- B,.�s n., �ss 2 - 3 /o - l �f � � i r .,�� -S / � G�- �.c � r �--s +d.-� w-c� s -f- .2-3 4'- /o �F� ir� ` N-� On� 5r� rt-r.��. C� Applicant's signature � )�,a,.,��Q / ;y� Date / 1S City agent /��K-� �Z ��h"�j� Saint Paul Zoning O£fice/Planning Division 1100 City Hall Annex 25 West Fourth Street Saint Paul, Minnesota 55102 December 1, 1997 To Whom It May ConCern; This is Open Say's Me's formal app2ication for a Zoning Permit in order to conduct business at our location of 672 Arcade Street. It is my understanding that I will need to obtain a variance or Special Condition Permit to conduct my truck and trailer rental business out of the above mentioned location. My proposal is as follows: 1 We will be renting and or storing only 6-8 units on the property at any given time. Referring to section 60.543-Zoning requirements 64.300 paragraph 2 D that we do not meet the 15,000 sqaure feet requirement, but feel we provide adequate space to meet out service needs. P�ease refer to attached site plan. 2 We have already upscaled the property and will continue to do so in a growing business environment. 3 The need for UHaul service in this area has been established due to the closure of their previous location at 2617 Rice Street. We estimate the forwarded calls from that location at approximately 50 per day during peak rental periods. As a small my community, I my endeavor. business owner looking forward to investing in would appreciate your input and cooperation in Please feel free to contact me at 612-774-4452 with regards to my proposal. Thank you so much for your attention in this matter. Respectfully, Open $ay's Me attachment ❑ � � �� Z� � � ,, ; ., _.. � � i .-f'� ✓� a a (� � � � � � i � ; �� q�� s F �,t�� 2�1,1 Ti � �.tiv�. �`i2. �c��. �ree� I 1 l � I ,� �. �3 � �' � � �� s � � 4 � f�( I�� -a$ � � _ Q � � w — 4 y�, � � i �. � � -� � �� - X O M k �� ri a �. �� s � (� v �� 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. 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P" o c � •. � �"_"_.' � J • � > = ' � pi.p� ' . � N . �� -�� , ° � _'_ `:--�. - sy J '�_ ' � � . �n� `'/ SIXTH APPLtCANT �� -�� -- LEGEND -- -- - - - - PURPOSE G f G� � Zoning district boundary FILE # � 7 � � � � DATE � subject property -- — - --- ---- -----/' ------ ------- - --- PLNG. DIST�— MAP # �`'� o one famiiy � � two family SCAL.E 1" = 400' � � j�-� Q muitiple famiiy �� ;V,�'�`y,,�`'ci o � 0 0 � �o'o'c I ¢ .�lr_Il � ` �north� �� • • ^ commerciai � �� industrial _ _ V vacant i '�1 � � n � �� C7 G Y �': i � L�`� . i ._. �� ^! � �� y �.. � o�o��t �� . 4 ��° �.oj�-�� "�._I IOI�7 ..t. . ....� � 1�.. � . � � � � ¢I -�� : : . : ; ; ;,� )�JO O Y , �OOOV' �—..�- � ��I I I . iY!O'• t ;— i � I � i �----- i - i ? . �i°� c .`' ` I 4 � 4 G;o;�jo;4;5� hfar� 10, 1993 ?�t;. IKad1y lladiez S�. Paul Zoning O�ce Subjecc Public IIcuing Zc�ainv 7';Ie �'r: 9R-0:0 Zon.ina Fil_ Name: Da.�rell Tilmon l�ear Ms. Dacllez: g °� � -a �� Sent v�a Facsimi7e 6�?f2283374 T'!ie pucpose uf this lerrer is to document my disputes conceming the aupral of a special use peimit fr�r the Properry locaced at 672 Accade Screer. 7.isLed below ue my reasons foc nor wan�ing the Piaru�ing Comnussion m a�,sn�e a use pemii co ;illow ouidooc renral of U-Haul t�ucl�s and aail�xs: 1. 'fhe !oc is noc luge enough. Thcrc i, only one rntcancc inm rhe s+nail lot, �uid it is �ny opinion cu;comecs wi11 park in rt,e residential ;ueas in (iont of surmvnding homes. Th� rl;�Enc will Uc a discureance to my nci�*hbors ;:nd me. It is ;ilsc� my opinion dii, lot cui no[ house ciiougJi micks and tca+ters foi thc huxiness cn be a viable cnary. 2. Th�t rype of busincss will be :n� e} to rhe neighborhood. Ihc communitq is worlung hard m come rogerhet ro e�taUlsh x quiecer, ciune-fcee asea. 71�u buildii� would be less [han rivo l�locla Crom a f�atholic School and Chutch. 3. This lot promotes leicering. 7he ;vr i; empry at ni�it and hav poor lighnng. U-IIaul t�ucks pazked in rhe Inc eviil deciease visib�litv of d�e ongoing pxoblenu widz dze l;quor s[oce nesc door. The 1ot continues ro he a p�ace wheie �ug de�le�� h:uzg ouc and r�herc minocs pay adul � ro rurchase liquoz foi rhem. By adding in 2ailers and uvck;, we w;ll enable mote of ffus rype nf activiry to continue, unsezn U.� polite ;u�d /or neighbc�is. �, i�ne-time esceprion �Jlows o�1er fueure busine,se, a basis to show eaception. I believe +f the pemuc i> gr3nted, othe= businesces can ask for rhe �,une consideration. S. T,oss ot'pzopemr value fnc su�YOUndtin� homes. Wha vn,nts a husiness like rhis ne�t doc�c% b. "t'he peririonei is not :hc acnvl vwnex. ".Che acmal owner i, rhe parcy responsible foz thc pcevi<�us problems �v�th an au to loc and is th� reason rhe use peunit vrc> revnked and changed. The actuai ownec hzs adveroc�3, for somc timc, rhxt the propetry is fcr sale, hur he Gsts i� a[ azi unreasonablc, aUove mirke2 ptice. 1 r is nly opinion this owner has no uttenrion Uf scllin�* rhis prope,-��, ax�d w1: <<se thc properry again it rhe pem�ie is granted. 7. Tne curenr lessee has no, Sho�vn t�spunsible tcnancp. T�uring the Chusunas season, he sold wrea�hs chat wecc hung out�ide. T7ie wsearhs were nnr .ecured and chere was o,igoing vandaii;m ro, and eheft of, the wrexth; frrr a geriod cf a invnth. Tlvs fact re�terates m mc thar �he micks and rr.iilei; pa��ked �utside pose a thmat to che neiohbochood with regard �o theft, vazidalisrq and loitering, and ihac the les�ee has noc caken the proper steps to u�sure this lot cemams secused. "Chank yrou for yoes considerauon of my inpur. Both my hwU2id and I hope this lot will nor be gi��en a special e;e �tmit. �dp hu>band, Michasl L?uPont, cuaendy serves on the Commuaity Counci] for Distr_ct 4, a=Lo nas al<e iejec�d rhe peticioner's cc�gucsr ior eecepnon. If yvu have any questions, pleese feel fzee ro conract me or nry husband at 612/77G-102�. �,`,�,, lC c��.P I�imUcdy J. I7uPonc 82+} Ma�,aret S¢eet TOOr¢j %d3 SC�ST Q$M 86/TT/CO Date: March 3, 1998 a� � To: K. Dadlez From: Steve and Elaine Asmus Neighborhood Block Club Representarives for the 800 Block of Margazet St. St. Paul, MN. 55106 Subject: 672 Arcade St. T wanted to let you know tliat we are not in favor of what 1vIr. Daryl Tillman is in the processing of thiiilting to do witli the lot at 672 Arcade St. We l�ave spent past yeazs wifli nothing hut problems with the Landlord of this property and his so called plans for tlus lot as well. It is not zoned for a used car lot, or any rental of moving trucks, trailors etc. There is simply not enougl� room on tltat lot. What does it take for these people to get it through their heads that Uiey are wasting everyones time and their money on this issue. � Sincerely, Block Club Rep. E. Asmus