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98-358Council File #E "/ g-35g �RIGINAL Presented By Referred To Committee: Date 1 WHEREAS, Beverly Carlson in Zoning File No. 98-003 made application to the 2 plauniug commission for a special cond'ation use pernut to allow an auto specialty store far 3 selling, repairing and mounting used tires pursuant to the provisions of the Saint Paul Zoning 4 Code for property located at 705 Seventh Street East, legally described as Lots 1 and 2, Block 5; 5 Subdivision of Block 5, Lyman and Dayton's Addition; and 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the zoning committee of the Saint Pau1 Planniug Commission conducted a public hearing on February 5, 1998, after having provided notice to affected properiy owners, and submitted its recommendation to the commission. The commission, by its Resolution No. 98-11 adopted February 13, 1998, decided to deny the application based on the following findings and conclusions: 1. The applicant owns the property and intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Sireet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a permitted use in the B-3 zoning district subject to the following condirions: a. The construction and maintenance of all driveways, curbs, sidewalks, puxnp islands or other faciliries used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such 25 specifications sha11 be developed by the city planning coordinator, traffic engineer 26 and city fire marshal, and shall be approved by the planning commission, and 27 filed with the city clerk. 28 29 30 31 32 33 34 35 36 37 38 39 40 This condition is met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with screen planting and an obscuring wa11 or fence shall be required along any properiy line adjoining an e�sting residence or adjonung vacant land zoned for residential use. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA This condition is partially met. The rear property line abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated January 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a planting plan. �o��S�6� 1� 1 c. The minimum lot area shall be 15,000 sq. ft., and so arranged that ample spa 98 " 35F� 2 available for motor vehicles which aze required to wait. Auto service stations 3 which are intended solely for the sale of gasoline, oil and minor accessories and 4 having no facilities for incidental servicing of automobiles (including lubricating 5 facilities) and auto convenience markets may be permitted on a lot of 12,000 sq. 6 ft, subject to all other provisions herein, required. 7 8 This condition is not met. The azea of the property is 12,472 square feet. The 9 January 5, 1998, letter from the applicant asks for modificarion of this 10 requirement. 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 Section 64300(d) of the zoning code requires that, before the plauviug commission may grant approval of a principal use subject to special conditions, the commission shall find that: � [� c. � e. The extent, 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 council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this properiy. The proposed use is also generally consistent with the economic development goals stated in the Neaz East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (July 6, 1989). The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There aze two access points from Bates Avenue, as well as one on East Seventh. The use will not be detrimental to the existing chazacter of the development in the immediate neighborhood or endanger the public health, safety and general welfaze. This condition is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfaze. The use will not nnpede the normal and orderly development and 'unprovement of the surrounding properiy for the uses permitted in the dishict. This condition is met. The B-3 district pernuts diversified types of businesses appropriate for location along major tr�c arteries. The uses should not impede development of such uses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. 98 �358' 1 WHEREAS, pursuant to the provisions of § 64.206, Beverly Carlson, duly filed with the 2 City Cierk an appeal from the determination made by the plamung commission, requesting that a 3 hearing be held before the City Council for the putpose of considering the actions taken by the 4 said commission; and 5 6 WHEREAS, acting pursuant to § 64.206 through § 64.208, and upon notice to affected 7 parties a public heazing was duly conducted by the Saint Paul City Council on Mazch 25, 1998, 8 where all interested parties were given an opportunity to be heazd; and 9 10 WHEREAS, the council, having heazd the statements made and having considered the 11 application, report of sta� the record, minutes and resolution of the wning comxnittee and of the 12 planning commission, does hereby 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 RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of the plauuiug commission in this matter, based upon the following fmdings of the council: The minimum square footage required by zoning code Section 2(c) is not necessary for this business which does not involve on-site storage of automobiles; and BE IT FURTHER RESOLVED, that the appeal of Beverly Carlson be and is hereby granted subject to the following conditions: The site shall be designed as illustrated on the site plan dated January 28, 1998, including buffer azea, arrangement of parking for customers and employees, location of duxnpsters, and access drives. 2. 3. 4. 5. 6. 7. 8. 9. A screen fence sha11 be maintained along the reaz property line. The 10-foot buffer strip shown at the rear of the site st�all be landscaped and shall include at least two shade trees to provide a visual screen to the residential use to the north. All business, storage, and servicing shall be conducted within the building, except that tires for sale may be displayed outside during the business' hours of operation only. No auto servicing, other than repair and mounting of tires, shall be conducted on the property. No auto repair or body work shall be conducted on the property. No vehicles shall be stored on the properry, except for vehicles awaiting tire-mounting service, which may be parked on site for no more than 24 hours. No more than 5 vehicles may be parked overnight on the site. All on-street pazking of any customer or employee vehicle is prohibited; and BE IT FURTHER RESOLVED, that the Deparhnent of Licenses, Inspecfions, and Environmental Protection is directed to place the nine special condition use permit conditions noted above on any appropriate license issued by the Department of Licenses, Inspections, and Environmental Protection; and � i : BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution ►a to Beverly Carlson, the Zoning Administrator and the Planuing Comxnission. ORIGINAL Adopted by Council: Date _�\�� \ \9 Adoption Certified by Council Secr t ry By: Approved by Mayor: D � By_ � Requested by Department of: BY: Form Approved by City Attorney By: �� l./l /�„��e. y � � •-S� Approved by Mayor for Submission to Council By: CiCy Council Offices XNJ7ACT PERSON 8 RiONE ILathy Lantry, 266-8670 4j24j98 TOTAL # OF S►GNATURE PA6ES GREEN SHEET No . , . , �I::f U oe..a,�.cw�c.oR U a,v� _ ❑ arcwtton�r ❑ arvauu _ ❑wa�xcu�a¢axcFSaa ❑wuwcw.mm�ccrc ❑ r�mrt(atwur.vlti ❑ (CLIP ALL LOGATIONS FOR SICaNATURE) Memorializing the decision of the Saint Paul City Council in granting the appeal of Beverly ;arlson for property located at 705 East Seventh Street. PLANNING COMMISSION CIB CAMMITTEE CIViL SERVICE COMMISSION Has this persoMim e�sr warketl under a cont2ct for this dePertmenl� YES NO H8s tltis Persm�fi�rtn evM been a cilY �PbYeeT YES NO Does this parsaNRnn posseas a sitlll not namallYA� �' anY �+� �Y �pbyee? YES NO Is this pe�soNfirtn a fargetetl ventloYT YES NO ��°?FS� ��:�'? �-s��'� ; .. t �'�;S OF 7RANSACTION f—.. COST/REVENUE BUDOETED (CIRCLE ONE) VES NO ACTNIT'NUMBER 9Ff-35F1 CITY OF SAINT PAUL Norn, Cdemmx, Mayor Apri121, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, NIlV 55102 Re: Zoning File No. 98-003 Appeal by Beverly Carlson Mazch 25, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY PegBirl� C'rryAttarney Civil Division 400 Ciry Halt IS WestKel7oggBlvd Sain1 PauL Minnesota 55102 Te(ephone: b12 266-8710 Facsimile: 612 298-56I9 Attached please find a signed resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your eazliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, �� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT �lg - 3 S F� 32 CTI'Y OF 5AINT PAUL Nosm Coteman, Mayor March 3, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divisian ofPlonning 25 West Founh Street Suini Paui, MN 55102 Tetephane: 61 &266-6565 Facsimite: 6I2-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday March 25, 1998;_ for the following appeal of a Planning Commission decision denying a request for a special condition use permit: Appellant: BEVERLY CA.RLSON File Number: #98-003 Purpose: Address: Appeal a Planning Commission decision denying a request for a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires. 705 E. 7th Street, (northwesterly side between Maria and Bates) Legal Description of Properiy: Lots 1 and 2, Block 5; Subdivision of Block 5, Lyman and Dayton's Addition Previous Action Planning Commission Recoxnmendation: Denial; vote: unanimous, February 13, 1998 Zoning Committee Recommendation: Denial; vote: 6-0, �ebruary 5, 1998 My understanding is that this public hearing request, will appear on the agenda for the March 11, 1998 City Counci] meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ��,� ��. � Nancy Frick City Planner n..,�nr';E =e.-5c��, �;,.. %;�':'t:i� . �srnuN, NOTICE OF PVBLIC HEARIIVG The Saint Paul' City Council wi11 condud a public hearing on Wednesday, Mazch 2y, CC: File #98-003 '199g at�5:S0=p.m�in the �ty Covncil ChaznUers, Third Floor C.Yty Hall-Court House, PaUI DUbiulel to consider the appeai of Bevyrly Cazlson to a decision of the Planning Con�mission P2ttie Ke]ly d �nnb a requesE for a speciyl condition use permit to allow an auto specialty store for �'�t: - ePairing, and mounting used tires at 705 East 7th Street (northwest side beiween Wendy Lane, LIEP M�a and sates): Dated: March 3, d998 � � - _ _ " , , . NANCY ANDERSOM � Assistant Cfty Council Secretar7, - . ' ' � lMarch 5. 19981 _ � . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CI'I'Y OF SAINT PAUL Norm Cofeman, Mayot March 18, 1448 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of Plan�dng ZS We# Fourth Street Saint Pnuf, MN 55102 RE: Zoning File #98-050: EEVERLY CARI,SON City Council Hearing: Mazch 25, 1998, 5:30 p.m. Ciry Council Chambers �8 ��SS Tetephone: 612-2666565 Fatsimile: 612-228-3314 P RPQSE: Appea( a planning commission decision denying a specia( condition use permit to allow an auto specialty store for selling, regairing and mounfing of used tires. PLANNING COMMISSION ACTION: DENIAL Unanimous ZONING COMMITTEE RECOMMENDATION: DE2QIAL 6-0 STAFF RECOMMENDATION: DET�TIAL SUPPORT No one spoke. OPPOSITION: No ane spoke. Dear Ms. Anderson: BEVERLY CARLSON has appealed the decision of the Saint Paul Planning Commission to deny a request for a special condition use permit to allow an auto specialty store for selling, repairing and mountina of used tires at 705 E. 7th Street The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on February 5, 1998. The app(icanYs representative addressed the committee. At the close of the public heazing the committee voted 6-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote on February 13, 1998. This appeal is scheduled to be heard by the City Council on March 25, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, z�..`-`� Ken Ford Planning Administrator Attachments cc: Ciry Council members ��_3S � city of saint paul planning commission resolution file number 98-1___ �___ (',�dte FebruarY 13, 1998 WHEREAS, BEVERLY CARLSON, file # 98-003, has applied for a Special Condition Use under the provisions of Section § 60.544(1); 64.300(d) of the Saint Paul Legislative Code, for the purpose of a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires, on property located at 705 TH ST E, legally described as Lots 1 and 2, Block 5; Subdivision of Slock 5, lyman and Oayton's Addition; and WHEREAS, the Zo�ing Committee of the Pianning Commission on 02tQ5/98, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requiremencs of Section 64.300 of the Saint Paui Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its . Zoning Committee at the pubiic hearing as substantiaUy reflected in the minutes, made the following findings of fact: 1. The applicant owns the property ancl intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Street. 2. Section 60.544 of the zoning code provides that auto speciafty stores are a permitted use in the B-3 zoning district subject to the following conditions: a. The construction and maintenance af ai/ driveways, curbs, sidewalks, pump islands or ofher facilities used in conjuncfion wifh the operation of the auto service station shall be in accordance with current city specitications. Such specifications shall be deve%ped by the city planning coordinator, tratfic engineer and city fire marshal, and shall be approved by the planning commission, and ti/ed with the city clerk. moved by Field seconded by in favor �nani�us against q �,�s8" � This condition +s met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with saeen planting and an obscuring wali or fence sha/1 be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. This condition is partially met. The rear property iine abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated )anuary 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a p(anting plan. c. The minimum lot area sha!! be 15,OOt1 sq, ft., and so arranged that ampie space is available for motor vehic%s which are required to wait. Auto service stations which are intended solely for the sa/e of gasoline, oi/ and minor accessories and having no facilities for incidental servicing of automobiles (including /ubricating facilities) and auto convenience markets may be permitted on a lof of 12,000 sq. ft, subjecf fo a11 other provisions herein, required. . This condition is not met. The area of the property is 12,472 square feet. The January 5, 1998 letter from the appiicant asks for modification of this requirement. Section 64.300(d) of the zoning code requires that, before the pianning commission may grant approval of a principai use subject to speciai conditions, the commission sha11 find that: a. The extent, location and intensify of the use will be in substantial compliance wiYh the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this property. The proposed use is also generally consistent with the economic development goals stated in the Near East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (Jufy 6, 1989). b. The use wi11 provide adequate ingress and egress to mrnimize traffic congesfion in the pub(ic streets. This condition is met. 7here are two access points from Bates Avenue, as �� weil as one on East Seventh. c. The use will not be detrimenfal fo the existing character of the deve%pme�t in fhe immediately neighborhood or endanger the public healfh, safety and general welfare. This conditian is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. d. The use wi/1 nof impede the normal and order/y devefopment and improvemenf of the surrounding properfy for uses permitted in the district. This condition is met. The B-3 district permits diversified types of businesses appropriate for location along major traffic arteries. The use should not impede development of such uses. e. The use shall, in al1 other respects, conform to the applicable regulations ot the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets ail setback and parkina requirements inciuded in the code. � NOVV, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that unde� the authority of the City's Legislative Code, the application for a Special Condition Use to ailow an auto specialty store for selling, repairing and mounting of used tires, at 705 7TH ST E is hereby denied, based upon finding 2(c?, that the minimum lot area required by the code is not met. � � � �� Saint Paul Pianning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting ofthe Plann7ng Commission ofthe City of Saint Paul was field Friday, February 13, 1998, at 8:30 a.m. in the Conference Center of City Halt. Commissioners Vfines. Duarte, En�h, Faricy, Geisser, Maddox, Morton, Nordin, Treichet, and Present: �Vencl and l�tessrs. Chavez,. Fieid 7r., Kong, Kramer, McDonel(, Nowlin and Vaught. Commissioners Messrs. *Gervais, *Gordon, *Johnson, Mardell, and *Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Beth Bartz, Jean Birkho(z, Kady Dad(ez, Nancy Frick, Tom Harren, Alfen Lovejoy, Ro�er Ryan, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approvaf of lYlinutes of January 30,1998 MOTION: Commissioner Fietrt moved approval of the rrrinutes ojJanuary 3D� Comrnissiot:er Cl:avez secondetl tl:e n:otion wlzie{: carrierl eetaani»toiesLy on u voice vote. II. Chair's Announcements Chair Morton announced that the Steerin� Committee discussed how ptans wou(d be reorganized, quadrant reporting, meetin�s with the quadrant leaders, a meeting with the CIB Committee on February 26 to help coordinate our efforts, and the restructuring of Planning Commission committees. ITI. Planning Administrator's Announcements Mr. Ford announced that after the P(anning Commission meeting this morning, there wilt be a tour that is reviewing the Metro Transit Faciliry site and the Aduli Deteotion Center Facility site. The City Counci( has taken further action on the issue a study of advertisin� signs. They have revised the ordinance as a result of the Planning Commission's action at the last meeting. The task force that has been set up includes a member to be recommended by the Planning Commission and appointed at the discretion of the City Council. The rezoninQ that the Plannin� Commission recommended from residential to office use on 4Vest Seventh Street near 35E was approved by the City Counci(. Mr. Ford announced that there are no�v parking authorization slips for the Planning ��'�� Commission's use. They will be available at meetings. Chair MoROn announced that Commissioner Field will be representing the Planning Commission on the biltboard task force. Commissioner Geisser announced that she has arranged a tour of the ne�v RiverCenter for the Plannino Commission after the nest meeting on Friday, Februarv• 27, 1998. A si�n-up sheet �vas circulated for those who �vould like to attend. � N. Zonina Committee �97-31b U S West Wireless - Special condition use permit to allow a cellular telephone antenna on an existin� residential building less than 60' in hei�ht at 130� Grand Avenue. (Ro�er Ryan, 266-6574, Southeast Team) Commissioner Field explained that the District Council met with the applicant and a before the fast Zoning Committee meeting and a compromise was reached. U.S. �Vest atso furnished the Zooin� Committee with information as to alternative sites and locations �vhich they had checked to see if they cou(d (ocate on a non-residential buitding. A tetter from the district counci( details nvo specific conditions regarding the antenna which the applicant found acceptable. MOTTON: Conimissioner Fielr! naoved approval of the reqtrested specinl contfition use permit to nllow a cellular telep{zone nnterzna on an ezisting residentia[ brriltting less t/tan 6�` � in hezght, subject to the con�litions ttetarled zn a ledterfrom the d`utrict council, ai1305 l'irand Aventre which cctrrietl unanimously an a voiee vote. #97-31� Andre Gambino/Franca Lipari- Cha»ge of noi�conforming use permit. Property at 1472 Grand Avenue is currently used as a contractor's office and the applicant has requested to change the use of the property to a hair salon on the Ist floor with nvo residential units on the 2nd floor. (Beth Bartz, 266-6580, Southwest Team) Commissioner Fie(d explained that the Macalester-Groveland Community Council supports the permit with conditions. MOTION.• Commissioner FieZd moved approvnl of tlre requested chane e oj nonconfo�ming use permit to nitow the property nt I472 Grand Averzue, current[y used as a contractor's office, to cl:ange the use to a hair salon on tke Isifloor with two residential uniis on tlee 2ne1 floor with eonrlitions. Commissioner Faricy explained tltiat her reason for votin� a�ainst the cUan�e of nonconformins use is that she was opposed to the operating times that �vere atloFVed £or the hair saton. After carefiit consideration, she realizes that she finds if quite difficult to tell small 6usiness people �ti'hat timzs they can be open, especially hair salons who make most of their money before and after other peopie �o to �vork. She Fvill vote in approval today. The motion on il:e floor ea�tied unnnin:ous/y on a voice vote. #93-001 John and Joanne Valiukas - Determination of similar use permit to determine q�- 3S�' � whether gro�ving nursery stock and crops, alon� with retail sales of gardenin� and landscaping suppties is an a�ricutmrat use and therefore permitted in a residentia( zonin� district at 13XX Point Dou�las Road. (Kady Dadlez, 266-6582 Southeast Team) Commissioner Field explained that the applicant �vould like to gro�v some crops on the property with some retait safes. In the testimony at the Zonino Committee, the applicant also staed his intention of opering a landscaping business from this site. l-IOTTO` • Comn:issioner Field moved rlenia! for t{:e reqerested �ielern:inallon of simidar use permit to determir:e that growing nursery stack and craps, along with retail sales of gnnlenin ; nnrllnnrlscaping supplier is an agriculttnal trse anrl tl:erefore permitfed in a residentiat zoning �iistrict at 13XX Point ➢ouglas Raacl. Commissioner Fietd added that the testimony revealed that �vhat the applicant is proposing to do there is more than just a truck farm type of market. 1) They intend, in addition to setiin� crops, to sell pond liners, stones and rocks; 2) this properry was rezoned to residential several years ago; the person �vho spoke in opposition lives immediately adjacent to this property. He indicated that at the time he purchased this property four or five years a�o, this property was zoned residentiaL He purchased his home on the assurance that the adjacent property would be residentialty used. Commissioner Field stated that this use is more of a commercial operation than an agricultural one. Commissioner Vaught stated that he felt that, because of the (egai requirements, that he had to make the decision that, in effect, logically, was wron�. He thinks that the zoning on this � particu(ar piece of property is absurd (large (ot residential), and that the hi�hest and best use of the property is commercial. He does not consider this space to be residential space because it is directly across the road from North Star Steel. He noted that if this had been a petition to rezone tl�a property tl�at l�e would have supported it. Commissioner Nowlin asked staff what the appropriate zoning would need to be in order to do the use as proposed. Chair MorCOn responded that it cvould be B-3. Ms. Dadlez responded that she thoueht it �vould depend on the extent and the nature of the activity. If everything were to take place indoors, and it was a fully enclosed faciliry, it would be zoned B-2. If there �vere some outdoor activity, (ikely a B-3 zoning district. Commissioner ICramer noted that there were other things that emerged during the Zoning Committee hearing: 1) that there would be four employees in addition to the two owners for a totat of six; 2) that they woutd 6e putting in an 8-spot parking lot in front af the existing building; and 3) that there �vere going to be garden clubs meeting 3n the bt�ildin�. It began to (ook more and more like a retai( rype use. Commissioner En�h asked what the prospects were that this land mi�hi actually be used, and she commented that she just noted in the meeting notes that District 1 Communiry Council voted in support of it. She's wondering if maybe the Commission is follo�ving their own narrow path on the zoning and not lookin� at the prospect of the land being used to its 6est purpose. Commissioner Field said that he senerally asrees with the observation, but is troubled because it ivas rezoned to `'(arge !ot residentia!' and this clearty is not a crop selling operation, and it �f'�' �S�' � seemed to grow in scope as questions were asked. He wondered why the property was not being rezoned; he coufd have supported that. Commissioner Fie(d noted that he is sympathetic, too, to the pecson who spoke in opposition who bought his house several years a�o, and was assured that the adjacent property was zoned "lar�e lot residential," and that the building was going to be razed. Commissioner Wencl expressed that one of the thin�s people need to considec is that this site is part of a lar�er area and adjacent to vacant land to the east, This is an area �vhere there could be more housin�; the Housing Plan notes that we need 9000 more livin� units by the year 2020. When the Highwood Plan �vas being developed, there was discussion about midtiple housin� for paR of this area. This more intensive use, if it is put in, mi�ht preclude the plan foc housing there. Commissioner Vaught noted that what his sense telts him that this is a reasonable use for this paRicu(ar piece of property. He thinks that zoning these particular properties alons Highway 6l as "large lot residential" �vas an error. He also thinks that the politics are unlikely that that land would be rezoned from its current zoning. He noted that he would second and support a motion to approve this case. Commissioner Kramer, in leafing through the Land Use Plan Draft, noted that this particular site is identified as a potential housin� development site. With respect to the District 1 position, he spoke to a member of the council who, in his opinion, expressed that they had not been aware of the impact of this use. � Commissioner Engh wondered if this large plan is more the enthusiasm of a ne�v smalt business owner. Commissioner Field responded thaC the applicant currently has a landscaping bi�siness, other operations that are located in Maplewood, and it is their intention to relocate these operations at that one site. They testified that it was economical(y unfeasible for them to operate out of rivo seQarate sites. Commissioner Treichel stated that this use is a very interestinp concept, but if the zoning were to change here, it wou[d be spot zoning_ Commissioner Vaught noted that since that property along Hiehway 61 has been rezoned to "large lot residential," no houses have been built there. CommissionerNo�vlin commented that ifthe Commission could get throueh this ircelevant debate and ?et on to the Comprehensive Plan, members would find out ho�v wronQ Commissioner Vaught is about this issue. Mr. Ford commented ihat he heard some ambiguity in the recent discussion that the Commission ou'ht to be clear about what the action is thaPs bein� applied for. Is the Commission lookin� at a similar use beriveen the proposed use and an apple orchard? Ms. Dadlez replied that the Commission is fooking at the question of Gvhether what they are proposino to do similar to something that's allo�ti�ed in an RRL zonin� district. �,Vhat their application is saying is that what they are proposing to do is similar to something listed in the code in the RRL zoning district, and that is asriculture. So, the question is: `'Is what they are E! �jg - 358" � proposing similar to agriculture?" If it is, then the Commission can approve it and they can operate their business. Staff's position is that this is more of a retai( safes business than it is agricu(ture. Commissioner Kramer added that even if this determination of similar use �cere approved, it wouid, in addition, require a special condition use permit. Tl:e motion on t1:e floor to deny tlte requested determinalios of simiLar use at 13.r_r Point Douglrrs Raad carried unanimously on a voice vote. �98-003 Beverlv Car(son - Special condition use permit to a!(ow an auto speciaity store sellin�, repairin� and mountin; of used tires at 70� E 7th Street. (Nancy Frick, 266-6554, Northeast Team) Commissioner Field reported thzt the Land Use Commirtee ofthe Dayton's BluffCommunity Council recommended denial for this permit. MOTION: Commissioner Field moved deninl for tlae requesterl special condition use permit to nllow nn auta specialty store selling, repairina, t�nd mounting used tires at 705 E 7tk Street, based upon tlte lat size of approrimately 12,500 square feer versus the required IS,000 squnre feet, carried aennnimously on n voice vote. February 1498 Minor Zonin�Amendments -(Roger Ryan) � Commissioner Fietd reported that the Fe6ruary 1998 Minor Zonin� Amendments were laid over until the next Zoning Committee meet+na, Thursday, February 19, 1948. Item #7, however, was heard because there was someone present who came to testify regardin� that nunlber. Commissioner Field read the next meetin�'s agenda. He noted that discussion may also be l�etd on some uniform information which is included in the staff findings. With many staff people working on zoning cases, the Zoning Committee thinks it needs to give staff some direction to create uniformity. Commissioner Geisser asked, re�arding minor zoning text amendment #5 that deats with murals, �vhether this is different From the previous discussion the Commission had that would include a hearing by the full Commission, or whether this is somethin� minor and doesn't affect the futt discussion of murals and si�ns. Mr. Ryan responded that this flo�vs out of the case on Grand Avenue which pointed out that there was no definition of murals. Commissioner Geisser stated that she considers this a major issue that there are murals being painted afl over the City on sides of buildings. She asked that some kind of conversation be allo�ved at the full Commission meetin� on this issue. Chair MoROn reminded members that tha minor zoning amendments �vill have a public hearing at Zoning Committee. Commissioner Gzisser is concerned that not a(f businesses or proposed businesses in Saint Paul wit( be made aware ofthis public hearin�. She is askin� that special consideration by made to get as much information about the hearing to as many people as possible. Chair Morton sugoested that maybe the mural issue can be discussed in the billboard committee. Cammissioner Fietd said that he would wetcome that. He feets that under the a�e otd ru(e of ��-�� unintended consequences, when the City attempts to limit billboards and signs, murals wilt be the logical cansequence. He thinks that bilfboards and murals are very much connected. CeRainly, the sign limitations on Grand Avenue have resuhed in a mural being used as an altemative way to promote their business in a targe� format w ithoat havina to comply with the sijn ordinance. i�4r. Ryan stated that a pu6lic hearin� notice of an issue of this magnitude goes to the entire Early Notificatioa System list, Commissioner Kramer commented that only one district council made a commenx. Mr. Ryan noted that now the code does not re�u(ate murats as si�ns. The amendment gives the definition of murals so that everyone knows what a mural is; the amendment is a clarification. Commissioner Geisser asked, `But does everybody kno�v �vhat a mural is? It may be art in the eyes of the beholder. Commissioner Vaught commented that one of the fundamental problems in trying to define a mural is that there is a gray area. A billboard is clearly advertising; it's not deco�ative. That area where a mural stops becoming decorative and becomes primarily commercial is a very £ne (ine and is very difficult to define. Because of that, Commissioner Vau�ht feels that this is someth'tng the Commission needs to spend some good time on. Commissioner Field informed the Commission that the sign code clearly specifies that � anything which is intended to promote business using ima�es, symbols, or letters is deemed to be a sign. He stated that his crusade on this issue is merety to determine a very clear definition of when do mura(s cease being art and begin to be intended to promote the business. MOTTON: Commissioner Geisser moved that tke definition ojtiutrals be pulled from the minor Zoning amend»sents anrl given a separate f:earing or discussion, and thnt tl:e tisf of peopte being asked to participate be broa�lened to inctude everyone tlrat miglet participate in such a conversation. Tke rrzation was seconded by Comtr:issioner Field. Commissioner Field added that he wants this item to have thoughtFul and careful consideration. Tlee motion on t(re floor cnrrierl unnnimously on a voice vote. V. Comprehensive Planning and Economic Deve]opment Committee Commissioner Maddos reminded Committee members ofthe nest meetin�, �Vednesday, February I8, at 4 p.m. in the City Ha(t Annex. VI. Neighborhood Planning and Land Use Committee Commissioner Geisser tumed the report to Larry Soderho(m. Citv Wide Land Gse Plaa Public HearinaDrafr - Staff Presentation and Discussion (Larry Soderholm) �(� � Mr. Soderholm briefly infortned commissioners that on February 27, 1998, the Committee will be asking the Commission to approve a draft for a public hearing. He encouraged Commissioners who have comments to speafc to him or to one of the members of the Nei�hborhood Plannin� and Land Use Committee. Mr. Soderholm announced that the Committee tivil( be meeting on tiionday, February 23, 199$, and wou3d appreciate comments before then. He added that an improved draft will be sent to Cammissioners in the next packet The tentative date for public hearin� is April 24, 1498. Commissioner Kramer thanked Ivic Soderholm for all of his hard work on the drafr, and commented that it looks �ood. VII. Communications Committee Commissioner Kramer reported that Donna Drummond has been assigned to work on the annua( report. A meetin� will be scheduled soon. VIII. Task Force Reports Commissioner No�vlin reported that the Phalen Corridor EIS Draft will be �oing to Committee soon. � Commissioner Treichel reported that the Housing Tash Force is meeting again; meetings will be held every other Tuesday mornings. The Task Force will try to report once a month to the Neighborhood Planning and Land Use Committee. IX. Old Business None. X. New Business None. XI. Adjournment tI�LOTIO�: Commissior:er Geisser moved to adjourn; Commissioner Kramer seconded the motion whic/t carried unanimousty on a vaice vote. The meeting rvas adjourned at 934 a.m. Respectfiilly submitted, K � Ford Plannin� Administrator Approved `�`'� (Date) ��. dL,�-G�2c�CL � cGs�t� Esperanza Duarte ° T Secretary of the Plannin� Commission �l �' �S� . �� MWUTES OF THE ZONING COMMlTTEE C1TY COUNCIL CHAMBERS, SA{NT PAUL, M WNESOTA QN FEBRUARY 5, 1998 � � PRESENT: Mmes. Faricy, Morton and Messrs. Chavez, Field, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Bartz, Dadiez, Frick, Keliey and Messr. Ryan of the Pianning Division. EXCUSED: Mr. Gordon, Mme. Wenci The meeting �vas chaired by Litton Field, Ghairperson. BEVERLY CARLSON 705 E SEVENTH STREET� 98-003; Special Condition Use Permit to aliow an auto speciaity store seiling, repairing and mounting of used tires. Nancy Frick presented slides and reviewed the staff report stating that based on finding 20 staff recommends denial of the permit. Ms. Frick aiso noted that, should the Commission decide to waive the minimum lot requirement to approve the app4ication, the staff report lays out recommended conditions to attach to an approval. At the question of Commissioner Chavez, Ms. Frick stated the District 4 Land Use Committee of the District 4 Council recommended denial of the permit, and it is her understanding that the applicant was in attendance at that meeting. � f2oy Carison, 987 Reaney, appeared and said the reason the Land Use Committee didn't approve his permit is because the zoning code requires 15,000 squase feet and they o�ly have 'f 2,OQ0 square feet. Ne said no cars will be left overnight or worked on, and for that reason they wouid need less square footage. Upon questions of Commissioner Faricy, Mr. Car(son said he has seen the staft recommendation regarding the seven conditions for an approval a�d is willing to abide by them, and that they have roliing racks for the tires and they would be moved inside during non-business hours and outside during business hours Ms. Frick said the conditions were discussed with Mr. Garison last week and the oniy outstanding condition was the pianting and Iandscaping in the rear, and she noted staff is recommending the plant+ng of at least two sfiade trees in the buffer area, and Mr. Carfson indicated his willingness to put in the shade trees as requested. Upon question of Commissioner Kramer, Mr. Carlson said they have owned this property a little over one year and during this time he has upgraded it, and this spring plan to give the exterior a new paint job and trim the dressing as well as put in planters in the front. Upon question of Commissioner Chavez, Mr. Carlson said his is a cash and carry business with tire repairs, mountings and sales. He said there are other warehouses they'll be obtaining their tires through. and they have a contract for ju�k tires wiil be moved out on a daify basis. There were no further questions. No one else appeared and the pu6lic hearing was ciosed. a�-�s� Zoning Committee Minutes � February 5, 1998 Beverly Carison Page Two � Commissioner Faricy moved approval of the permit with the sev=n conditions listed by stafF; there was no second and the motion thereby failed. Gommissioner Morton moved deniai of the permit based on finding 2(c), and the motion was seconded by Commissioner Kramer. Commissioner Vaught said he will vote for the motion only because of the 15,000 square foot requiremzn? and in terms of enforcing the code. Commissioner Kramer stated he seconded the motio� with some consternation as he doesn't find the proposed use to either compiy with, improve or maintain the vitality and appearance of commercial estabiishments or to phase out incompatibie and i or inappropriate uses, and he stated he's not convinced this use meets that criteria in addition to the 15,000 square feet. Commissioner Faricy said she understands the issue of the 15,000 square feet, but asked what other type of business couid go into that particular location, and Commissioner Kramer responded saying any retaii use or office space use. Commissioner Kramer said he believes the bui4ding on the site actuaily curtails its use and he doesn't believe this use fits into the criteria for which auto uses were made special condition uses. There was no further discussion. 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'� n-- �._,�� r.�+ � �� .�it� ��.�--t'..1� �� t � t.� /' • '� a-�a t�� a - �� ' �--1�� .��-� �%Z��'� -�.��'�. �..�rr��- � •_�U��.�e� �� .�-%.�z a ..��. .�d_�C-��. t�'�� `�,�,,�,.�' ��.�'� -N.-��` ��. �' �.� !� .� :�I� �z`i��.� � %�� '1`-�-.� .�� .�c.tt�Gt <� , � .,c��Z" .��.� �.�•�z�/ ,�C� e��.c.2_ r�c2 /�"��-c �..��.� .. �u/� �.-t ' �_�Go � .�� <,_/,<-�..��` � ' �--�.,�-� --��' � �� .�� ,�� c�� -�'�.��.. � % .��'.O .�c�Lt iry'�t�' ;� :.�c�.�„�d�-t�� / t� u� �� ti��'� � c�� .�z�.x�-� .�� .�.� a�� ..��.z �� .a`�"? ,�.��`'-��.., � c��.za ,�`�,�� - �v �, � � -c,�-�, � � ' ��.� �j � � �:c�.� �.��c� �� n �� %��.��..o �. ��-� �. , J � r-� . �r �, � �-.�-�� l/ � � �'�.��96. c/ ��nc�s rn. rn = �<�nn �.c91� �:'�e� y %Yl. m�/�d2 u .J�> s�� !�✓, iy' �= (7 � . 1, �<� :�� ,�/ ��I i��o; otti�/, � ��-�s� R�v� s�� N. 3� i�r i ZONSNG COMMITTEE STAFF REPORT EILE ,°, 98-003 1. APPLICANTc CARLSON, BEVERLY DATE O� AEARING: 02f05/98 2. CLASSSFICATION: Spzcial Condition Bse 3. LOCATION: 705 7i'r. ST E 4. PL?1NNS23G DISTRICT: 4 5. LEGAL DESCRTPTION: LotS 1 arid 2, BlOCk 5; SubdiviSiOri of B1oCk 5, Lymdn and Dayton's Addition 6. PRESENT ZON2NG: B-3 ZONING CODE REFERENCE: § 60.544(1); 64.300(d) 7. STAFF INVEST2GATION AND REPORT: DATE: January 29, 1998 BY: Nancy Frick 8, DATE RECEIVED: O1/06J98 DEADLINE FOR ACTION: 03J07/98 A. PURPOSE: Special condition use permit to zllow an auto specialty store selling, repairing and mounting of used tires. � B. PARCEL SIZE: The properCy has 81.42 feet of frontage on East Seventh Street and a depth 152.1 feet for a total lot area of 12,a72 square £ezt. � C. EXISTING LAND USE; The property is occupied by a vacant stxucture originally used as a filling station. The remainder of the lot is asphalt. There is one cur'n cut (22 foot wide) on East Seventh Street and two curb cuts (22 foot and 20 foot wide) on Bates Avenue. D. S9RROVND2NG LAND IISE: North and West: To the north and west is a chiefly single family neighborhood in an RT-1 zoning district. There is also a large church, (with P-1 zoned parking 1ot) to the west in this neighborhood. The 1'/-story home immediately to the north of the property fronts on Bates. £ast: Across East Seventh Street to the east is Metropolitan State's main parking lot in a B-3 zoning district. South: The property adjacent to the south is substation for the City police department`s FORCE unit. South of that property is a Burger King restaurant. These properties are zoned B-3. E. ZONING CODE CITATION: Section 60.5?4(11a11ows auto specialty stores in th� B-3 General Business District su6ject to Che conditiors discussed in findings 2 and 3 below. �.�-�� Zoning File �98-003 January 28, 1998 Page 2 F. HZSTORY/DISCIISSION: The prop=rty was granted a permit for a filling station in 19�0. It was granted a permit to operate a used car lot (C.F. 263722) June 21, 1974. It was granted a special condition use permit to operate a la^_dscaping business/nursery (Z.c. 9034) December 3, 1981. G. DISTRICT COLRvCTL RECO�NDATION: P.s of the writing oi this sta`f report, the Daytor's Bluff Community Council had taken no action. Its Land Use Committez was expecting to hear the matter at its Fe�ruary 2 neeting. I3. FINDINGS: 1. The applicant owns the property and intends to operate an auto specialty store which se11s, renairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an e:cisting 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh SCreet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a pzrmitted use in tne B-3 zoning district subject to the following coaditions: • a. The construction and maintenance of alI driveways, cusb, sidewa2ks, pump .isZands or other facilities used in conjunction with the operation of the zuto service station shall be accordance with current city specificatio�s. Such specifications shall be developed by the city p2anning coordinator, traffic engineer and city fire marshal, and shalZ be approved by Che pSanning commission, and filed with the city clerk. This condition is met. The apglicant intends to use the existing driveways. City stafi have reviewed the site plan and £ind that this access is adequate for the site. b. A ten-foot buffer area with screen ,p2anting and an obscuring wa11 or fence shaZZ be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential nse. This condition is partially met. The rear property line abuCs a residential use. A ne�a fence has receatly beea erected on the property line by the anplicant. The current site plz�, dated January 28, 1998, snoss a ter.-foot buffer area betwezn the parking lot and the fence; how=_ver, it does not indicate a gl2nting p1an. ihe apolicant has indicated interest in having this co�dition waived, based upon aa understanding with the o o= tne adjacent residential orop�rty. � letter from the anplicant da�ed January 5, � 1998 address:s this coadition. This letter is attachzd to the staff report. As of tne writing of this staff reoort, sta-- had not received any written cr oral communication from the �3jacent �.�- � residertial property o.mer. c. The minimum Sot area shaZl be I5,000 sq. fC., and so arranged that aaple space is available for motor vehicles wllich are required to wait. Auto service stations which are intended solely for the saZe of gasoline, oil and mino� accessories and having no facilities for incidentaZ servicing of automobi2es (including lubricatiag facilities) and auto convenience markets may be permitted oa a 2ot o£ I2,000 sq. ft, subject to all otner provisions herein, required. This condition is not met. The area of the property is 12,472 square feet. 2he 3anuary 5, 1998 letter from the applicant asks for modification of this requirement. a. The extent, location and intensity o£ the use will be substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. � The Near East Side N=ighborhood Tmprove�ent Strategy (1989), o:hich is not part of the comprehensive p1an, but which was "accepted" by the City Council (JUly 6, 1989), characterizes East Seventh Street as a commercial spine and as a gateway. The Neighborhood Improvement Strategy or "N.I.S." includes a list of economic development goals. Staff finds thaC the proposed use is generally consistent with these three N.2.5. economic developmenC goals: Zoning File �98-003 January 28, 1998 Page 3 3. Section 64.300(d) of the zoning code requires that, before the planaing commission may grant approval of a principal use subject to special conditions, the commission shall find that: This condition is met. The most recent District 4 P1an (1986) depicts commercial land use at this property. 1 a 8 Concentrate commercial land uses a2ong existing commercial spines. Provide goods and services that are needecl by those who live and work in the neigh6orhood. Improve and maintain the vitality ar.d appearaace of commercial establishments. Tnese two ad3itional N.Z.S. economic development goals bear comment: � 0 20 Pnas=-o;:t com,^,ercial uses taat are incompatible with adjacent reside=tial uses (e.g. auto body shons, used car lots). Pnase-out incompatible, inapp-opriate us=s zloeg tne �� Zoning File ,",98-003 January 28, 1998 Page 4 n_eigi3.bornood's gateways. Th= level of inconpatibility posed by an auto soecialty shop is, of ccursz, subject to interpretation. Flowever, the examples giver_ ir_ th_ N.I.S. o� inco;�oatible uses focus on those with outside storage of automobiles. Sta`f finds that the proposed used ti:e sales business is not clearly incomnatible with adjacent residential uses. b. The use wi12 provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. " . This condition is met. There are two access points from Bates Avenue, as well as one on East Seventh. e. The use wiSS not be detrimenta2 to tfie existing character of the development in the immediately neighborhood or endanger the pubZic health, safety and general welfare. This cor,3ition is s,et. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. � d. The use will not impede the normal and orderly deve2opment and improvement of the surrounding property for uses permitted in the district. This condition is m=t. The B-3 district permits diversi�ied types of businesses appropriate for location along major traf£ic arteries. The use should not impede development of such uses. e. She use sha22, in a21 other respects, conform to the applicaSle regulations of the district in whiah it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. I. STAFF RECOMMENDATION: Based upon Finding 2(c), staff recommends denial of this permit. If the Planning Commission finds that the minimum square footage required by the code may be waived for this aoplication, for reason that the required area is not necessary for the used tire business to be operated in an orderly way, due to the business�s size and nature, which does not involve on-site storage of automobiles, and therefore determin<s to grant the special condition use permit with waiver of this minimum area reauirement, the sta£f r2commends that the following conditio�s be attacn=d to the permit: � 1. The site sha11 be designed as illustrated on the attached site p1an, dated January 28, 1998, including buffer area, arrangement o_` parking � � Zoning File #98-003 January 28, 1998 Page 5 �� for customers and employees, location of dumpsters, aad access drives. 2. A screea fence shall be maintained along the rear property line. 3. The 10-foot buffer strio sho»-i at the rear of the site sha11 be landscaped aad sha11 include plaatings of at lezst two shade trees to provide a visual screen to the residential use to the north. 4. All business, storage, and servicing sha11 be conducted within the' building, except that tires for sale may be displayed outside during the business's hours of operation only. 5. No auto servicing, other than reoair and mounting of tires, shall be conducted on the property. 6. No auto repair or body work shall be conducted on the property. 7. D�o vehicles s?7a11 be stored on the property, exceot for vehicles zwaitir.g tire-mounting servic_, which ray be pari_ad on site for no more than 24 hours. � � �5� ��, SPECIAL CONDITION USE PERMIT APPLICATION � Saint Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street Saint Paul, M�ti S.iI01 266-6589 APPLICANT Name Address Cityt��lj�St�/ Name of owner (if differe PRGPEH I Y Aodress/Locatio LOCATION `Legal descriptioi '::Fee ��:� � �� : Zip��/Q Daytime phon Current Zo �(Srtach addRiona! shee£ if neces /�y.25r E, A. �f�/� � � TYPE O� PERMIT: Appiication is fiereby made under the provisions ofi Chapter�_, Section_��_, Paragraph � of the Zoning Code for a: �"Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING lNFOftMATION: supp{y 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 appiicabie conditio�s. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. site Applicant's sign� � - ------ Date ��/�7City agent --- T-- I � �� , �_3'S'�2e•e� ncce5� �PL�.�Z..ti_/�_�(2� _ "( 2Nc� � Y: : •:'l // I . ' _ � — d ='�.� ` �L �. • �� C � ♦ �` � � � � . � .- ! , _ � •:_� ' , � , : Q`p� �7 am�� m � ' l ;� � � � '� . � i i � ' � .\ ; � �: I �`- `` ' i ; , ' � �� ; � � �; I � �_ !,.-.w - _ I "' _'''_.� ._. ; 1 : ._v_.,�_._ _ � .�o.- ag t 9 9 g - �`(. _.� . ,� � �� I � � N ;� � � � � � l � , ` �z --�1 ', ; � / /4 I . — — '_ ��. � �DS c. izi.<=---------- 2.F.�9P-c��, �=it.T 7:ff ,:� �', / '7F - $/, y � 6�r ra� �Hn en ��o .4. « �� : BEV"cRLY C. CARLSQN 846 Earl 5treet St. Paul, MY. 55106 JANUARY 5, 1993 CITY OF SAIKT PAll� 'Department Qf P7anning and Ecanomic Deyel4pment 25 West pourth Street Saint Paul, MN 55102 ATTENTION: KADY A• DADLEZ Clty Planner' RE: $PECZAL CONDITION USE PERMIT APPLICATION 705 Ea�t 7th Street St. Pdul, M;i. 55106 � b. The fence that ivds on the propepty wfien we purchased the property was in serious need Qf repairs, 1 talked w�th the adjoining resident, who is located in hack pf the property, and instead of repairing exsisting fence, x told him that I Was going to put up a privacy fence and would that be alright, he was thrilled with the idea> and we had Able Fence Company put up the fence, who in turn took out a permit from the City of St. Paul, and instalied the fence. c. There will not be any Vehicles parked in our lot overnight, our business does not warrant vehicles parked any lonaer than it would take for the customer ta pick put tires and for our service man to carry the tires to the vehicle, or if customer requested to put the tires on the vehicie. I feel that this condition shouid be modified, due to the fact that the only vehicles that will be parked there for a period of hours would be the employees. TNRNK YOU. SINCEREL , � �� BEVE Y CARL$0� � � ��,7� �_� � �� 1. SUNRAY-BATI'I,ECREEK-HIGHWOOD 2. HAZEL PARK HADEN•PROSPERITY HiLLCREST 4. DAYTON'S BLUFF �3' PA�FvE�'FI7�L i 6. NORTH END 7. THOMAS-DALE 9. 10. 11. 12. 13. 14. 1�. 16. 17. SUMMIT-Ui�TIVERSITY WEST SEVENTT-I COMO HAMLINE-MiDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMT.IN�-SNELLING HAMLi:v� MACALESTER GROVELfvND HIGHL,AND SUMMTT HILL DOWiVTO�VN ZONING �ILE ��'°�% CiTTZEN PARTICIPATION PI.ANNING DISTRICTS ,, . -- _ _'' �� - �.,_:_�' i�ii _ _- ��I, �• . - __' ,:-r � � ' � �_ �.`°..- � ! . �, ;.. �"; j',:� �. 7: = i_. 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Ci� -t �` �..� ��" � _ � �j� ¢ o - r :v'�'�� F r ' : !,, � 2� �� `.� ,�„j 9 � �, � �� ,a , , � �' , t5'.;. 5 . J'�' � '� O � _ G � `J � � `_/ i � FARK� � ' � \ ��i" r,�.: ._ .� �� - � ` ,, t ) �'J' ��_'� ° _ ". _,- _, \ �-�_-....� ` n r , r:i` _ i'==� �. _.� :� d � __ --- -- - � � �.:. =� � `v ` � � -:�;,,�t`�C;�''<>�J{;,�(,` <�� ,�' ��'� Q _- ``'f-':-..��%�/� 5��0�0� " � -- - - --� ,:_, , r'� � i - - - - , - �''i , . E:,. r � � �____\ / �_ .-=,-�--, � ----��<��..�%I �`�3 �' '^�.- ��.� � �`��%�� - � _ �%`� _ ,F.-. _.�.. �!\ . . na�� , APPLIC�,NT 1 "'' ��'� '�'�� LEGEND PURPOSE ��'' J � �� zoning distric( boundary � � � • CO °'S DATE -' '.' FILE ,- � ' 1 ' � v �� sub}ect propzr'�y , . PLNG. DIST.�__ MAP, l �� ?O � o onefamily •♦ � comm=rcit m�, � lwofamily � �o i^�ust'i=� SCALE 1" = 400' � � T; �¢ Q mul�ipie family V v2ca�' Council File #E "/ g-35g �RIGINAL Presented By Referred To Committee: Date 1 WHEREAS, Beverly Carlson in Zoning File No. 98-003 made application to the 2 plauniug commission for a special cond'ation use pernut to allow an auto specialty store far 3 selling, repairing and mounting used tires pursuant to the provisions of the Saint Paul Zoning 4 Code for property located at 705 Seventh Street East, legally described as Lots 1 and 2, Block 5; 5 Subdivision of Block 5, Lyman and Dayton's Addition; and 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the zoning committee of the Saint Pau1 Planniug Commission conducted a public hearing on February 5, 1998, after having provided notice to affected properiy owners, and submitted its recommendation to the commission. The commission, by its Resolution No. 98-11 adopted February 13, 1998, decided to deny the application based on the following findings and conclusions: 1. The applicant owns the property and intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Sireet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a permitted use in the B-3 zoning district subject to the following condirions: a. The construction and maintenance of all driveways, curbs, sidewalks, puxnp islands or other faciliries used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such 25 specifications sha11 be developed by the city planning coordinator, traffic engineer 26 and city fire marshal, and shall be approved by the planning commission, and 27 filed with the city clerk. 28 29 30 31 32 33 34 35 36 37 38 39 40 This condition is met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with screen planting and an obscuring wa11 or fence shall be required along any properiy line adjoining an e�sting residence or adjonung vacant land zoned for residential use. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA This condition is partially met. The rear property line abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated January 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a planting plan. �o��S�6� 1� 1 c. The minimum lot area shall be 15,000 sq. ft., and so arranged that ample spa 98 " 35F� 2 available for motor vehicles which aze required to wait. Auto service stations 3 which are intended solely for the sale of gasoline, oil and minor accessories and 4 having no facilities for incidental servicing of automobiles (including lubricating 5 facilities) and auto convenience markets may be permitted on a lot of 12,000 sq. 6 ft, subject to all other provisions herein, required. 7 8 This condition is not met. The azea of the property is 12,472 square feet. The 9 January 5, 1998, letter from the applicant asks for modificarion of this 10 requirement. 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 Section 64300(d) of the zoning code requires that, before the plauviug commission may grant approval of a principal use subject to special conditions, the commission shall find that: � [� c. � e. The extent, 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 council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this properiy. The proposed use is also generally consistent with the economic development goals stated in the Neaz East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (July 6, 1989). The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There aze two access points from Bates Avenue, as well as one on East Seventh. The use will not be detrimental to the existing chazacter of the development in the immediate neighborhood or endanger the public health, safety and general welfaze. This condition is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfaze. The use will not nnpede the normal and orderly development and 'unprovement of the surrounding properiy for the uses permitted in the dishict. This condition is met. The B-3 district pernuts diversified types of businesses appropriate for location along major tr�c arteries. The uses should not impede development of such uses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. 98 �358' 1 WHEREAS, pursuant to the provisions of § 64.206, Beverly Carlson, duly filed with the 2 City Cierk an appeal from the determination made by the plamung commission, requesting that a 3 hearing be held before the City Council for the putpose of considering the actions taken by the 4 said commission; and 5 6 WHEREAS, acting pursuant to § 64.206 through § 64.208, and upon notice to affected 7 parties a public heazing was duly conducted by the Saint Paul City Council on Mazch 25, 1998, 8 where all interested parties were given an opportunity to be heazd; and 9 10 WHEREAS, the council, having heazd the statements made and having considered the 11 application, report of sta� the record, minutes and resolution of the wning comxnittee and of the 12 planning commission, does hereby 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 RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of the plauuiug commission in this matter, based upon the following fmdings of the council: The minimum square footage required by zoning code Section 2(c) is not necessary for this business which does not involve on-site storage of automobiles; and BE IT FURTHER RESOLVED, that the appeal of Beverly Carlson be and is hereby granted subject to the following conditions: The site shall be designed as illustrated on the site plan dated January 28, 1998, including buffer azea, arrangement of parking for customers and employees, location of duxnpsters, and access drives. 2. 3. 4. 5. 6. 7. 8. 9. A screen fence sha11 be maintained along the reaz property line. The 10-foot buffer strip shown at the rear of the site st�all be landscaped and shall include at least two shade trees to provide a visual screen to the residential use to the north. All business, storage, and servicing shall be conducted within the building, except that tires for sale may be displayed outside during the business' hours of operation only. No auto servicing, other than repair and mounting of tires, shall be conducted on the property. No auto repair or body work shall be conducted on the property. No vehicles shall be stored on the properry, except for vehicles awaiting tire-mounting service, which may be parked on site for no more than 24 hours. No more than 5 vehicles may be parked overnight on the site. All on-street pazking of any customer or employee vehicle is prohibited; and BE IT FURTHER RESOLVED, that the Deparhnent of Licenses, Inspecfions, and Environmental Protection is directed to place the nine special condition use permit conditions noted above on any appropriate license issued by the Department of Licenses, Inspections, and Environmental Protection; and � i : BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution ►a to Beverly Carlson, the Zoning Administrator and the Planuing Comxnission. ORIGINAL Adopted by Council: Date _�\�� \ \9 Adoption Certified by Council Secr t ry By: Approved by Mayor: D � By_ � Requested by Department of: BY: Form Approved by City Attorney By: �� l./l /�„��e. y � � •-S� Approved by Mayor for Submission to Council By: CiCy Council Offices XNJ7ACT PERSON 8 RiONE ILathy Lantry, 266-8670 4j24j98 TOTAL # OF S►GNATURE PA6ES GREEN SHEET No . , . , �I::f U oe..a,�.cw�c.oR U a,v� _ ❑ arcwtton�r ❑ arvauu _ ❑wa�xcu�a¢axcFSaa ❑wuwcw.mm�ccrc ❑ r�mrt(atwur.vlti ❑ (CLIP ALL LOGATIONS FOR SICaNATURE) Memorializing the decision of the Saint Paul City Council in granting the appeal of Beverly ;arlson for property located at 705 East Seventh Street. PLANNING COMMISSION CIB CAMMITTEE CIViL SERVICE COMMISSION Has this persoMim e�sr warketl under a cont2ct for this dePertmenl� YES NO H8s tltis Persm�fi�rtn evM been a cilY �PbYeeT YES NO Does this parsaNRnn posseas a sitlll not namallYA� �' anY �+� �Y �pbyee? YES NO Is this pe�soNfirtn a fargetetl ventloYT YES NO ��°?FS� ��:�'? �-s��'� ; .. t �'�;S OF 7RANSACTION f—.. COST/REVENUE BUDOETED (CIRCLE ONE) VES NO ACTNIT'NUMBER 9Ff-35F1 CITY OF SAINT PAUL Norn, Cdemmx, Mayor Apri121, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, NIlV 55102 Re: Zoning File No. 98-003 Appeal by Beverly Carlson Mazch 25, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY PegBirl� C'rryAttarney Civil Division 400 Ciry Halt IS WestKel7oggBlvd Sain1 PauL Minnesota 55102 Te(ephone: b12 266-8710 Facsimile: 612 298-56I9 Attached please find a signed resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your eazliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, �� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT �lg - 3 S F� 32 CTI'Y OF 5AINT PAUL Nosm Coteman, Mayor March 3, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divisian ofPlonning 25 West Founh Street Suini Paui, MN 55102 Tetephane: 61 &266-6565 Facsimite: 6I2-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday March 25, 1998;_ for the following appeal of a Planning Commission decision denying a request for a special condition use permit: Appellant: BEVERLY CA.RLSON File Number: #98-003 Purpose: Address: Appeal a Planning Commission decision denying a request for a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires. 705 E. 7th Street, (northwesterly side between Maria and Bates) Legal Description of Properiy: Lots 1 and 2, Block 5; Subdivision of Block 5, Lyman and Dayton's Addition Previous Action Planning Commission Recoxnmendation: Denial; vote: unanimous, February 13, 1998 Zoning Committee Recommendation: Denial; vote: 6-0, �ebruary 5, 1998 My understanding is that this public hearing request, will appear on the agenda for the March 11, 1998 City Counci] meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ��,� ��. � Nancy Frick City Planner n..,�nr';E =e.-5c��, �;,.. %;�':'t:i� . �srnuN, NOTICE OF PVBLIC HEARIIVG The Saint Paul' City Council wi11 condud a public hearing on Wednesday, Mazch 2y, CC: File #98-003 '199g at�5:S0=p.m�in the �ty Covncil ChaznUers, Third Floor C.Yty Hall-Court House, PaUI DUbiulel to consider the appeai of Bevyrly Cazlson to a decision of the Planning Con�mission P2ttie Ke]ly d �nnb a requesE for a speciyl condition use permit to allow an auto specialty store for �'�t: - ePairing, and mounting used tires at 705 East 7th Street (northwest side beiween Wendy Lane, LIEP M�a and sates): Dated: March 3, d998 � � - _ _ " , , . NANCY ANDERSOM � Assistant Cfty Council Secretar7, - . ' ' � lMarch 5. 19981 _ � . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CI'I'Y OF SAINT PAUL Norm Cofeman, Mayot March 18, 1448 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of Plan�dng ZS We# Fourth Street Saint Pnuf, MN 55102 RE: Zoning File #98-050: EEVERLY CARI,SON City Council Hearing: Mazch 25, 1998, 5:30 p.m. Ciry Council Chambers �8 ��SS Tetephone: 612-2666565 Fatsimile: 612-228-3314 P RPQSE: Appea( a planning commission decision denying a specia( condition use permit to allow an auto specialty store for selling, regairing and mounfing of used tires. PLANNING COMMISSION ACTION: DENIAL Unanimous ZONING COMMITTEE RECOMMENDATION: DE2QIAL 6-0 STAFF RECOMMENDATION: DET�TIAL SUPPORT No one spoke. OPPOSITION: No ane spoke. Dear Ms. Anderson: BEVERLY CARLSON has appealed the decision of the Saint Paul Planning Commission to deny a request for a special condition use permit to allow an auto specialty store for selling, repairing and mountina of used tires at 705 E. 7th Street The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on February 5, 1998. The app(icanYs representative addressed the committee. At the close of the public heazing the committee voted 6-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote on February 13, 1998. This appeal is scheduled to be heard by the City Council on March 25, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, z�..`-`� Ken Ford Planning Administrator Attachments cc: Ciry Council members ��_3S � city of saint paul planning commission resolution file number 98-1___ �___ (',�dte FebruarY 13, 1998 WHEREAS, BEVERLY CARLSON, file # 98-003, has applied for a Special Condition Use under the provisions of Section § 60.544(1); 64.300(d) of the Saint Paul Legislative Code, for the purpose of a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires, on property located at 705 TH ST E, legally described as Lots 1 and 2, Block 5; Subdivision of Slock 5, lyman and Oayton's Addition; and WHEREAS, the Zo�ing Committee of the Pianning Commission on 02tQ5/98, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requiremencs of Section 64.300 of the Saint Paui Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its . Zoning Committee at the pubiic hearing as substantiaUy reflected in the minutes, made the following findings of fact: 1. The applicant owns the property ancl intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Street. 2. Section 60.544 of the zoning code provides that auto speciafty stores are a permitted use in the B-3 zoning district subject to the following conditions: a. The construction and maintenance af ai/ driveways, curbs, sidewalks, pump islands or ofher facilities used in conjuncfion wifh the operation of the auto service station shall be in accordance with current city specitications. Such specifications shall be deve%ped by the city planning coordinator, tratfic engineer and city fire marshal, and shall be approved by the planning commission, and ti/ed with the city clerk. moved by Field seconded by in favor �nani�us against q �,�s8" � This condition +s met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with saeen planting and an obscuring wali or fence sha/1 be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. This condition is partially met. The rear property iine abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated )anuary 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a p(anting plan. c. The minimum lot area sha!! be 15,OOt1 sq, ft., and so arranged that ampie space is available for motor vehic%s which are required to wait. Auto service stations which are intended solely for the sa/e of gasoline, oi/ and minor accessories and having no facilities for incidental servicing of automobiles (including /ubricating facilities) and auto convenience markets may be permitted on a lof of 12,000 sq. ft, subjecf fo a11 other provisions herein, required. . This condition is not met. The area of the property is 12,472 square feet. The January 5, 1998 letter from the appiicant asks for modification of this requirement. Section 64.300(d) of the zoning code requires that, before the pianning commission may grant approval of a principai use subject to speciai conditions, the commission sha11 find that: a. The extent, location and intensify of the use will be in substantial compliance wiYh the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this property. The proposed use is also generally consistent with the economic development goals stated in the Near East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (Jufy 6, 1989). b. The use wi11 provide adequate ingress and egress to mrnimize traffic congesfion in the pub(ic streets. This condition is met. 7here are two access points from Bates Avenue, as �� weil as one on East Seventh. c. The use will not be detrimenfal fo the existing character of the deve%pme�t in fhe immediately neighborhood or endanger the public healfh, safety and general welfare. This conditian is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. d. The use wi/1 nof impede the normal and order/y devefopment and improvemenf of the surrounding properfy for uses permitted in the district. This condition is met. The B-3 district permits diversified types of businesses appropriate for location along major traffic arteries. The use should not impede development of such uses. e. The use shall, in al1 other respects, conform to the applicable regulations ot the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets ail setback and parkina requirements inciuded in the code. � NOVV, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that unde� the authority of the City's Legislative Code, the application for a Special Condition Use to ailow an auto specialty store for selling, repairing and mounting of used tires, at 705 7TH ST E is hereby denied, based upon finding 2(c?, that the minimum lot area required by the code is not met. � � � �� Saint Paul Pianning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting ofthe Plann7ng Commission ofthe City of Saint Paul was field Friday, February 13, 1998, at 8:30 a.m. in the Conference Center of City Halt. Commissioners Vfines. Duarte, En�h, Faricy, Geisser, Maddox, Morton, Nordin, Treichet, and Present: �Vencl and l�tessrs. Chavez,. Fieid 7r., Kong, Kramer, McDonel(, Nowlin and Vaught. Commissioners Messrs. *Gervais, *Gordon, *Johnson, Mardell, and *Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Beth Bartz, Jean Birkho(z, Kady Dad(ez, Nancy Frick, Tom Harren, Alfen Lovejoy, Ro�er Ryan, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approvaf of lYlinutes of January 30,1998 MOTION: Commissioner Fietrt moved approval of the rrrinutes ojJanuary 3D� Comrnissiot:er Cl:avez secondetl tl:e n:otion wlzie{: carrierl eetaani»toiesLy on u voice vote. II. Chair's Announcements Chair Morton announced that the Steerin� Committee discussed how ptans wou(d be reorganized, quadrant reporting, meetin�s with the quadrant leaders, a meeting with the CIB Committee on February 26 to help coordinate our efforts, and the restructuring of Planning Commission committees. ITI. Planning Administrator's Announcements Mr. Ford announced that after the P(anning Commission meeting this morning, there wilt be a tour that is reviewing the Metro Transit Faciliry site and the Aduli Deteotion Center Facility site. The City Counci( has taken further action on the issue a study of advertisin� signs. They have revised the ordinance as a result of the Planning Commission's action at the last meeting. The task force that has been set up includes a member to be recommended by the Planning Commission and appointed at the discretion of the City Council. The rezoninQ that the Plannin� Commission recommended from residential to office use on 4Vest Seventh Street near 35E was approved by the City Counci(. Mr. Ford announced that there are no�v parking authorization slips for the Planning ��'�� Commission's use. They will be available at meetings. Chair MoROn announced that Commissioner Field will be representing the Planning Commission on the biltboard task force. Commissioner Geisser announced that she has arranged a tour of the ne�v RiverCenter for the Plannino Commission after the nest meeting on Friday, Februarv• 27, 1998. A si�n-up sheet �vas circulated for those who �vould like to attend. � N. Zonina Committee �97-31b U S West Wireless - Special condition use permit to allow a cellular telephone antenna on an existin� residential building less than 60' in hei�ht at 130� Grand Avenue. (Ro�er Ryan, 266-6574, Southeast Team) Commissioner Field explained that the District Council met with the applicant and a before the fast Zoning Committee meeting and a compromise was reached. U.S. �Vest atso furnished the Zooin� Committee with information as to alternative sites and locations �vhich they had checked to see if they cou(d (ocate on a non-residential buitding. A tetter from the district counci( details nvo specific conditions regarding the antenna which the applicant found acceptable. MOTTON: Conimissioner Fielr! naoved approval of the reqtrested specinl contfition use permit to nllow a cellular telep{zone nnterzna on an ezisting residentia[ brriltting less t/tan 6�` � in hezght, subject to the con�litions ttetarled zn a ledterfrom the d`utrict council, ai1305 l'irand Aventre which cctrrietl unanimously an a voiee vote. #97-31� Andre Gambino/Franca Lipari- Cha»ge of noi�conforming use permit. Property at 1472 Grand Avenue is currently used as a contractor's office and the applicant has requested to change the use of the property to a hair salon on the Ist floor with nvo residential units on the 2nd floor. (Beth Bartz, 266-6580, Southwest Team) Commissioner Fie(d explained that the Macalester-Groveland Community Council supports the permit with conditions. MOTION.• Commissioner FieZd moved approvnl of tlre requested chane e oj nonconfo�ming use permit to nitow the property nt I472 Grand Averzue, current[y used as a contractor's office, to cl:ange the use to a hair salon on tke Isifloor with two residential uniis on tlee 2ne1 floor with eonrlitions. Commissioner Faricy explained tltiat her reason for votin� a�ainst the cUan�e of nonconformins use is that she was opposed to the operating times that �vere atloFVed £or the hair saton. After carefiit consideration, she realizes that she finds if quite difficult to tell small 6usiness people �ti'hat timzs they can be open, especially hair salons who make most of their money before and after other peopie �o to �vork. She Fvill vote in approval today. The motion on il:e floor ea�tied unnnin:ous/y on a voice vote. #93-001 John and Joanne Valiukas - Determination of similar use permit to determine q�- 3S�' � whether gro�ving nursery stock and crops, alon� with retail sales of gardenin� and landscaping suppties is an a�ricutmrat use and therefore permitted in a residentia( zonin� district at 13XX Point Dou�las Road. (Kady Dadlez, 266-6582 Southeast Team) Commissioner Field explained that the applicant �vould like to gro�v some crops on the property with some retait safes. In the testimony at the Zonino Committee, the applicant also staed his intention of opering a landscaping business from this site. l-IOTTO` • Comn:issioner Field moved rlenia! for t{:e reqerested �ielern:inallon of simidar use permit to determir:e that growing nursery stack and craps, along with retail sales of gnnlenin ; nnrllnnrlscaping supplier is an agriculttnal trse anrl tl:erefore permitfed in a residentiat zoning �iistrict at 13XX Point ➢ouglas Raacl. Commissioner Fietd added that the testimony revealed that �vhat the applicant is proposing to do there is more than just a truck farm type of market. 1) They intend, in addition to setiin� crops, to sell pond liners, stones and rocks; 2) this properry was rezoned to residential several years ago; the person �vho spoke in opposition lives immediately adjacent to this property. He indicated that at the time he purchased this property four or five years a�o, this property was zoned residentiaL He purchased his home on the assurance that the adjacent property would be residentialty used. Commissioner Field stated that this use is more of a commercial operation than an agricultural one. Commissioner Vaught stated that he felt that, because of the (egai requirements, that he had to make the decision that, in effect, logically, was wron�. He thinks that the zoning on this � particu(ar piece of property is absurd (large (ot residential), and that the hi�hest and best use of the property is commercial. He does not consider this space to be residential space because it is directly across the road from North Star Steel. He noted that if this had been a petition to rezone tl�a property tl�at l�e would have supported it. Commissioner Nowlin asked staff what the appropriate zoning would need to be in order to do the use as proposed. Chair MorCOn responded that it cvould be B-3. Ms. Dadlez responded that she thoueht it �vould depend on the extent and the nature of the activity. If everything were to take place indoors, and it was a fully enclosed faciliry, it would be zoned B-2. If there �vere some outdoor activity, (ikely a B-3 zoning district. Commissioner ICramer noted that there were other things that emerged during the Zoning Committee hearing: 1) that there would be four employees in addition to the two owners for a totat of six; 2) that they woutd 6e putting in an 8-spot parking lot in front af the existing building; and 3) that there �vere going to be garden clubs meeting 3n the bt�ildin�. It began to (ook more and more like a retai( rype use. Commissioner En�h asked what the prospects were that this land mi�hi actually be used, and she commented that she just noted in the meeting notes that District 1 Communiry Council voted in support of it. She's wondering if maybe the Commission is follo�ving their own narrow path on the zoning and not lookin� at the prospect of the land being used to its 6est purpose. Commissioner Field said that he senerally asrees with the observation, but is troubled because it ivas rezoned to `'(arge !ot residentia!' and this clearty is not a crop selling operation, and it �f'�' �S�' � seemed to grow in scope as questions were asked. He wondered why the property was not being rezoned; he coufd have supported that. Commissioner Fie(d noted that he is sympathetic, too, to the pecson who spoke in opposition who bought his house several years a�o, and was assured that the adjacent property was zoned "lar�e lot residential," and that the building was going to be razed. Commissioner Wencl expressed that one of the thin�s people need to considec is that this site is part of a lar�er area and adjacent to vacant land to the east, This is an area �vhere there could be more housin�; the Housing Plan notes that we need 9000 more livin� units by the year 2020. When the Highwood Plan �vas being developed, there was discussion about midtiple housin� for paR of this area. This more intensive use, if it is put in, mi�ht preclude the plan foc housing there. Commissioner Vaught noted that what his sense telts him that this is a reasonable use for this paRicu(ar piece of property. He thinks that zoning these particular properties alons Highway 6l as "large lot residential" �vas an error. He also thinks that the politics are unlikely that that land would be rezoned from its current zoning. He noted that he would second and support a motion to approve this case. Commissioner Kramer, in leafing through the Land Use Plan Draft, noted that this particular site is identified as a potential housin� development site. With respect to the District 1 position, he spoke to a member of the council who, in his opinion, expressed that they had not been aware of the impact of this use. � Commissioner Engh wondered if this large plan is more the enthusiasm of a ne�v smalt business owner. Commissioner Field responded thaC the applicant currently has a landscaping bi�siness, other operations that are located in Maplewood, and it is their intention to relocate these operations at that one site. They testified that it was economical(y unfeasible for them to operate out of rivo seQarate sites. Commissioner Treichel stated that this use is a very interestinp concept, but if the zoning were to change here, it wou[d be spot zoning_ Commissioner Vaught noted that since that property along Hiehway 61 has been rezoned to "large lot residential," no houses have been built there. CommissionerNo�vlin commented that ifthe Commission could get throueh this ircelevant debate and ?et on to the Comprehensive Plan, members would find out ho�v wronQ Commissioner Vaught is about this issue. Mr. Ford commented ihat he heard some ambiguity in the recent discussion that the Commission ou'ht to be clear about what the action is thaPs bein� applied for. Is the Commission lookin� at a similar use beriveen the proposed use and an apple orchard? Ms. Dadlez replied that the Commission is fooking at the question of Gvhether what they are proposino to do similar to something that's allo�ti�ed in an RRL zonin� district. �,Vhat their application is saying is that what they are proposing to do is similar to something listed in the code in the RRL zoning district, and that is asriculture. So, the question is: `'Is what they are E! �jg - 358" � proposing similar to agriculture?" If it is, then the Commission can approve it and they can operate their business. Staff's position is that this is more of a retai( safes business than it is agricu(ture. Commissioner Kramer added that even if this determination of similar use �cere approved, it wouid, in addition, require a special condition use permit. Tl:e motion on t1:e floor to deny tlte requested determinalios of simiLar use at 13.r_r Point Douglrrs Raad carried unanimously on a voice vote. �98-003 Beverlv Car(son - Special condition use permit to a!(ow an auto speciaity store sellin�, repairin� and mountin; of used tires at 70� E 7th Street. (Nancy Frick, 266-6554, Northeast Team) Commissioner Field reported thzt the Land Use Commirtee ofthe Dayton's BluffCommunity Council recommended denial for this permit. MOTION: Commissioner Field moved deninl for tlae requesterl special condition use permit to nllow nn auta specialty store selling, repairina, t�nd mounting used tires at 705 E 7tk Street, based upon tlte lat size of approrimately 12,500 square feer versus the required IS,000 squnre feet, carried aennnimously on n voice vote. February 1498 Minor Zonin�Amendments -(Roger Ryan) � Commissioner Fietd reported that the Fe6ruary 1998 Minor Zonin� Amendments were laid over until the next Zoning Committee meet+na, Thursday, February 19, 1948. Item #7, however, was heard because there was someone present who came to testify regardin� that nunlber. Commissioner Field read the next meetin�'s agenda. He noted that discussion may also be l�etd on some uniform information which is included in the staff findings. With many staff people working on zoning cases, the Zoning Committee thinks it needs to give staff some direction to create uniformity. Commissioner Geisser asked, re�arding minor zoning text amendment #5 that deats with murals, �vhether this is different From the previous discussion the Commission had that would include a hearing by the full Commission, or whether this is somethin� minor and doesn't affect the futt discussion of murals and si�ns. Mr. Ryan responded that this flo�vs out of the case on Grand Avenue which pointed out that there was no definition of murals. Commissioner Geisser stated that she considers this a major issue that there are murals being painted afl over the City on sides of buildings. She asked that some kind of conversation be allo�ved at the full Commission meetin� on this issue. Chair MoROn reminded members that tha minor zoning amendments �vill have a public hearing at Zoning Committee. Commissioner Gzisser is concerned that not a(f businesses or proposed businesses in Saint Paul wit( be made aware ofthis public hearin�. She is askin� that special consideration by made to get as much information about the hearing to as many people as possible. Chair Morton sugoested that maybe the mural issue can be discussed in the billboard committee. Cammissioner Fietd said that he would wetcome that. He feets that under the a�e otd ru(e of ��-�� unintended consequences, when the City attempts to limit billboards and signs, murals wilt be the logical cansequence. He thinks that bilfboards and murals are very much connected. CeRainly, the sign limitations on Grand Avenue have resuhed in a mural being used as an altemative way to promote their business in a targe� format w ithoat havina to comply with the sijn ordinance. i�4r. Ryan stated that a pu6lic hearin� notice of an issue of this magnitude goes to the entire Early Notificatioa System list, Commissioner Kramer commented that only one district council made a commenx. Mr. Ryan noted that now the code does not re�u(ate murats as si�ns. The amendment gives the definition of murals so that everyone knows what a mural is; the amendment is a clarification. Commissioner Geisser asked, `But does everybody kno�v �vhat a mural is? It may be art in the eyes of the beholder. Commissioner Vaught commented that one of the fundamental problems in trying to define a mural is that there is a gray area. A billboard is clearly advertising; it's not deco�ative. That area where a mural stops becoming decorative and becomes primarily commercial is a very £ne (ine and is very difficult to define. Because of that, Commissioner Vau�ht feels that this is someth'tng the Commission needs to spend some good time on. Commissioner Field informed the Commission that the sign code clearly specifies that � anything which is intended to promote business using ima�es, symbols, or letters is deemed to be a sign. He stated that his crusade on this issue is merety to determine a very clear definition of when do mura(s cease being art and begin to be intended to promote the business. MOTTON: Commissioner Geisser moved that tke definition ojtiutrals be pulled from the minor Zoning amend»sents anrl given a separate f:earing or discussion, and thnt tl:e tisf of peopte being asked to participate be broa�lened to inctude everyone tlrat miglet participate in such a conversation. Tke rrzation was seconded by Comtr:issioner Field. Commissioner Field added that he wants this item to have thoughtFul and careful consideration. Tlee motion on t(re floor cnrrierl unnnimously on a voice vote. V. Comprehensive Planning and Economic Deve]opment Committee Commissioner Maddos reminded Committee members ofthe nest meetin�, �Vednesday, February I8, at 4 p.m. in the City Ha(t Annex. VI. Neighborhood Planning and Land Use Committee Commissioner Geisser tumed the report to Larry Soderho(m. Citv Wide Land Gse Plaa Public HearinaDrafr - Staff Presentation and Discussion (Larry Soderholm) �(� � Mr. Soderholm briefly infortned commissioners that on February 27, 1998, the Committee will be asking the Commission to approve a draft for a public hearing. He encouraged Commissioners who have comments to speafc to him or to one of the members of the Nei�hborhood Plannin� and Land Use Committee. Mr. Soderholm announced that the Committee tivil( be meeting on tiionday, February 23, 199$, and wou3d appreciate comments before then. He added that an improved draft will be sent to Cammissioners in the next packet The tentative date for public hearin� is April 24, 1498. Commissioner Kramer thanked Ivic Soderholm for all of his hard work on the drafr, and commented that it looks �ood. VII. Communications Committee Commissioner Kramer reported that Donna Drummond has been assigned to work on the annua( report. A meetin� will be scheduled soon. VIII. Task Force Reports Commissioner No�vlin reported that the Phalen Corridor EIS Draft will be �oing to Committee soon. � Commissioner Treichel reported that the Housing Tash Force is meeting again; meetings will be held every other Tuesday mornings. The Task Force will try to report once a month to the Neighborhood Planning and Land Use Committee. IX. Old Business None. X. New Business None. XI. Adjournment tI�LOTIO�: Commissior:er Geisser moved to adjourn; Commissioner Kramer seconded the motion whic/t carried unanimousty on a vaice vote. The meeting rvas adjourned at 934 a.m. Respectfiilly submitted, K � Ford Plannin� Administrator Approved `�`'� (Date) ��. dL,�-G�2c�CL � cGs�t� Esperanza Duarte ° T Secretary of the Plannin� Commission �l �' �S� . �� MWUTES OF THE ZONING COMMlTTEE C1TY COUNCIL CHAMBERS, SA{NT PAUL, M WNESOTA QN FEBRUARY 5, 1998 � � PRESENT: Mmes. Faricy, Morton and Messrs. Chavez, Field, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Bartz, Dadiez, Frick, Keliey and Messr. Ryan of the Pianning Division. EXCUSED: Mr. Gordon, Mme. Wenci The meeting �vas chaired by Litton Field, Ghairperson. BEVERLY CARLSON 705 E SEVENTH STREET� 98-003; Special Condition Use Permit to aliow an auto speciaity store seiling, repairing and mounting of used tires. Nancy Frick presented slides and reviewed the staff report stating that based on finding 20 staff recommends denial of the permit. Ms. Frick aiso noted that, should the Commission decide to waive the minimum lot requirement to approve the app4ication, the staff report lays out recommended conditions to attach to an approval. At the question of Commissioner Chavez, Ms. Frick stated the District 4 Land Use Committee of the District 4 Council recommended denial of the permit, and it is her understanding that the applicant was in attendance at that meeting. � f2oy Carison, 987 Reaney, appeared and said the reason the Land Use Committee didn't approve his permit is because the zoning code requires 15,000 squase feet and they o�ly have 'f 2,OQ0 square feet. Ne said no cars will be left overnight or worked on, and for that reason they wouid need less square footage. Upon questions of Commissioner Faricy, Mr. Car(son said he has seen the staft recommendation regarding the seven conditions for an approval a�d is willing to abide by them, and that they have roliing racks for the tires and they would be moved inside during non-business hours and outside during business hours Ms. Frick said the conditions were discussed with Mr. Garison last week and the oniy outstanding condition was the pianting and Iandscaping in the rear, and she noted staff is recommending the plant+ng of at least two sfiade trees in the buffer area, and Mr. Carfson indicated his willingness to put in the shade trees as requested. Upon question of Commissioner Kramer, Mr. Carlson said they have owned this property a little over one year and during this time he has upgraded it, and this spring plan to give the exterior a new paint job and trim the dressing as well as put in planters in the front. Upon question of Commissioner Chavez, Mr. Carlson said his is a cash and carry business with tire repairs, mountings and sales. He said there are other warehouses they'll be obtaining their tires through. and they have a contract for ju�k tires wiil be moved out on a daify basis. There were no further questions. No one else appeared and the pu6lic hearing was ciosed. a�-�s� Zoning Committee Minutes � February 5, 1998 Beverly Carison Page Two � Commissioner Faricy moved approval of the permit with the sev=n conditions listed by stafF; there was no second and the motion thereby failed. Gommissioner Morton moved deniai of the permit based on finding 2(c), and the motion was seconded by Commissioner Kramer. Commissioner Vaught said he will vote for the motion only because of the 15,000 square foot requiremzn? and in terms of enforcing the code. Commissioner Kramer stated he seconded the motio� with some consternation as he doesn't find the proposed use to either compiy with, improve or maintain the vitality and appearance of commercial estabiishments or to phase out incompatibie and i or inappropriate uses, and he stated he's not convinced this use meets that criteria in addition to the 15,000 square feet. Commissioner Faricy said she understands the issue of the 15,000 square feet, but asked what other type of business couid go into that particular location, and Commissioner Kramer responded saying any retaii use or office space use. Commissioner Kramer said he believes the bui4ding on the site actuaily curtails its use and he doesn't believe this use fits into the criteria for which auto uses were made special condition uses. There was no further discussion. Adopted Dr fted by: 1 Pattie Kelley Recording Secretary Yeas - 6 Nays - 0 Submitted by: --, Nancy F ' < Northeas Quadrant � � qa'- �.s� � 9�t-Oso ❑ `�f��/r�' . .................................................................._..... _.......................................................... .. . , ....................................................................................................................... ......................................... : .....__ ..................._.......__...._......_.._..........._._...._......_.............._.......s.....� ��`', �� .. � ......... . ..._ . , '.��,_ u �, � v G:o.� .:,:._. � _.......... .............:................. .................................... . ........ .... . . Gp JJV ,,` ' �: � e + ..................... ��'°..�^ '.ve ........ ... _..... 1 ............. . ........................................................................ .. . . �� 3 �, g� C 'j � Levonorgestrel and ethinyi t estradiol tablets — Triphasic regimen 21- and 28-day regimens Mini-Pack`" c�� ` �z ��` . ......................_..._..................................... ................................... � � � ,E� �'�6, 5t Z.� # 98-003 �� -.� �,,�.,�., �� J 1�9� �i�"� 3 sK �✓-� .�-C-��"%� ✓� C'.fi �j-r �-y �' U � � �..�.��,.�� 9� - on�. '� n-- �._,�� r.�+ � �� .�it� ��.�--t'..1� �� t � t.� /' • '� a-�a t�� a - �� ' �--1�� .��-� �%Z��'� -�.��'�. �..�rr��- � •_�U��.�e� �� .�-%.�z a ..��. .�d_�C-��. t�'�� `�,�,,�,.�' ��.�'� -N.-��` ��. �' �.� !� .� :�I� �z`i��.� � %�� '1`-�-.� .�� .�c.tt�Gt <� , � .,c��Z" .��.� �.�•�z�/ ,�C� e��.c.2_ r�c2 /�"��-c �..��.� .. �u/� �.-t ' �_�Go � .�� <,_/,<-�..��` � ' �--�.,�-� --��' � �� .�� ,�� c�� -�'�.��.. � % .��'.O .�c�Lt iry'�t�' ;� :.�c�.�„�d�-t�� / t� u� �� ti��'� � c�� .�z�.x�-� .�� .�.� a�� ..��.z �� .a`�"? ,�.��`'-��.., � c��.za ,�`�,�� - �v �, � � -c,�-�, � � ' ��.� �j � � �:c�.� �.��c� �� n �� %��.��..o �. ��-� �. , J � r-� . �r �, � �-.�-�� l/ � � �'�.��96. c/ ��nc�s rn. rn = �<�nn �.c91� �:'�e� y %Yl. m�/�d2 u .J�> s�� !�✓, iy' �= (7 � . 1, �<� :�� ,�/ ��I i��o; otti�/, � ��-�s� R�v� s�� N. 3� i�r i ZONSNG COMMITTEE STAFF REPORT EILE ,°, 98-003 1. APPLICANTc CARLSON, BEVERLY DATE O� AEARING: 02f05/98 2. CLASSSFICATION: Spzcial Condition Bse 3. LOCATION: 705 7i'r. ST E 4. PL?1NNS23G DISTRICT: 4 5. LEGAL DESCRTPTION: LotS 1 arid 2, BlOCk 5; SubdiviSiOri of B1oCk 5, Lymdn and Dayton's Addition 6. PRESENT ZON2NG: B-3 ZONING CODE REFERENCE: § 60.544(1); 64.300(d) 7. STAFF INVEST2GATION AND REPORT: DATE: January 29, 1998 BY: Nancy Frick 8, DATE RECEIVED: O1/06J98 DEADLINE FOR ACTION: 03J07/98 A. PURPOSE: Special condition use permit to zllow an auto specialty store selling, repairing and mounting of used tires. � B. PARCEL SIZE: The properCy has 81.42 feet of frontage on East Seventh Street and a depth 152.1 feet for a total lot area of 12,a72 square £ezt. � C. EXISTING LAND USE; The property is occupied by a vacant stxucture originally used as a filling station. The remainder of the lot is asphalt. There is one cur'n cut (22 foot wide) on East Seventh Street and two curb cuts (22 foot and 20 foot wide) on Bates Avenue. D. S9RROVND2NG LAND IISE: North and West: To the north and west is a chiefly single family neighborhood in an RT-1 zoning district. There is also a large church, (with P-1 zoned parking 1ot) to the west in this neighborhood. The 1'/-story home immediately to the north of the property fronts on Bates. £ast: Across East Seventh Street to the east is Metropolitan State's main parking lot in a B-3 zoning district. South: The property adjacent to the south is substation for the City police department`s FORCE unit. South of that property is a Burger King restaurant. These properties are zoned B-3. E. ZONING CODE CITATION: Section 60.5?4(11a11ows auto specialty stores in th� B-3 General Business District su6ject to Che conditiors discussed in findings 2 and 3 below. �.�-�� Zoning File �98-003 January 28, 1998 Page 2 F. HZSTORY/DISCIISSION: The prop=rty was granted a permit for a filling station in 19�0. It was granted a permit to operate a used car lot (C.F. 263722) June 21, 1974. It was granted a special condition use permit to operate a la^_dscaping business/nursery (Z.c. 9034) December 3, 1981. G. DISTRICT COLRvCTL RECO�NDATION: P.s of the writing oi this sta`f report, the Daytor's Bluff Community Council had taken no action. Its Land Use Committez was expecting to hear the matter at its Fe�ruary 2 neeting. I3. FINDINGS: 1. The applicant owns the property and intends to operate an auto specialty store which se11s, renairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an e:cisting 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh SCreet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a pzrmitted use in tne B-3 zoning district subject to the following coaditions: • a. The construction and maintenance of alI driveways, cusb, sidewa2ks, pump .isZands or other facilities used in conjunction with the operation of the zuto service station shall be accordance with current city specificatio�s. Such specifications shall be developed by the city p2anning coordinator, traffic engineer and city fire marshal, and shalZ be approved by Che pSanning commission, and filed with the city clerk. This condition is met. The apglicant intends to use the existing driveways. City stafi have reviewed the site plan and £ind that this access is adequate for the site. b. A ten-foot buffer area with screen ,p2anting and an obscuring wa11 or fence shaZZ be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential nse. This condition is partially met. The rear property line abuCs a residential use. A ne�a fence has receatly beea erected on the property line by the anplicant. The current site plz�, dated January 28, 1998, snoss a ter.-foot buffer area betwezn the parking lot and the fence; how=_ver, it does not indicate a gl2nting p1an. ihe apolicant has indicated interest in having this co�dition waived, based upon aa understanding with the o o= tne adjacent residential orop�rty. � letter from the anplicant da�ed January 5, � 1998 address:s this coadition. This letter is attachzd to the staff report. As of tne writing of this staff reoort, sta-- had not received any written cr oral communication from the �3jacent �.�- � residertial property o.mer. c. The minimum Sot area shaZl be I5,000 sq. fC., and so arranged that aaple space is available for motor vehicles wllich are required to wait. Auto service stations which are intended solely for the saZe of gasoline, oil and mino� accessories and having no facilities for incidentaZ servicing of automobi2es (including lubricatiag facilities) and auto convenience markets may be permitted oa a 2ot o£ I2,000 sq. ft, subject to all otner provisions herein, required. This condition is not met. The area of the property is 12,472 square feet. 2he 3anuary 5, 1998 letter from the applicant asks for modification of this requirement. a. The extent, location and intensity o£ the use will be substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. � The Near East Side N=ighborhood Tmprove�ent Strategy (1989), o:hich is not part of the comprehensive p1an, but which was "accepted" by the City Council (JUly 6, 1989), characterizes East Seventh Street as a commercial spine and as a gateway. The Neighborhood Improvement Strategy or "N.I.S." includes a list of economic development goals. Staff finds thaC the proposed use is generally consistent with these three N.2.5. economic developmenC goals: Zoning File �98-003 January 28, 1998 Page 3 3. Section 64.300(d) of the zoning code requires that, before the planaing commission may grant approval of a principal use subject to special conditions, the commission shall find that: This condition is met. The most recent District 4 P1an (1986) depicts commercial land use at this property. 1 a 8 Concentrate commercial land uses a2ong existing commercial spines. Provide goods and services that are needecl by those who live and work in the neigh6orhood. Improve and maintain the vitality ar.d appearaace of commercial establishments. Tnese two ad3itional N.Z.S. economic development goals bear comment: � 0 20 Pnas=-o;:t com,^,ercial uses taat are incompatible with adjacent reside=tial uses (e.g. auto body shons, used car lots). Pnase-out incompatible, inapp-opriate us=s zloeg tne �� Zoning File ,",98-003 January 28, 1998 Page 4 n_eigi3.bornood's gateways. Th= level of inconpatibility posed by an auto soecialty shop is, of ccursz, subject to interpretation. Flowever, the examples giver_ ir_ th_ N.I.S. o� inco;�oatible uses focus on those with outside storage of automobiles. Sta`f finds that the proposed used ti:e sales business is not clearly incomnatible with adjacent residential uses. b. The use wi12 provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. " . This condition is met. There are two access points from Bates Avenue, as well as one on East Seventh. e. The use wiSS not be detrimenta2 to tfie existing character of the development in the immediately neighborhood or endanger the pubZic health, safety and general welfare. This cor,3ition is s,et. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. � d. The use will not impede the normal and orderly deve2opment and improvement of the surrounding property for uses permitted in the district. This condition is m=t. The B-3 district permits diversi�ied types of businesses appropriate for location along major traf£ic arteries. The use should not impede development of such uses. e. She use sha22, in a21 other respects, conform to the applicaSle regulations of the district in whiah it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. I. STAFF RECOMMENDATION: Based upon Finding 2(c), staff recommends denial of this permit. If the Planning Commission finds that the minimum square footage required by the code may be waived for this aoplication, for reason that the required area is not necessary for the used tire business to be operated in an orderly way, due to the business�s size and nature, which does not involve on-site storage of automobiles, and therefore determin<s to grant the special condition use permit with waiver of this minimum area reauirement, the sta£f r2commends that the following conditio�s be attacn=d to the permit: � 1. The site sha11 be designed as illustrated on the attached site p1an, dated January 28, 1998, including buffer area, arrangement o_` parking � � Zoning File #98-003 January 28, 1998 Page 5 �� for customers and employees, location of dumpsters, aad access drives. 2. A screea fence shall be maintained along the rear property line. 3. The 10-foot buffer strio sho»-i at the rear of the site sha11 be landscaped aad sha11 include plaatings of at lezst two shade trees to provide a visual screen to the residential use to the north. 4. All business, storage, and servicing sha11 be conducted within the' building, except that tires for sale may be displayed outside during the business's hours of operation only. 5. No auto servicing, other than reoair and mounting of tires, shall be conducted on the property. 6. No auto repair or body work shall be conducted on the property. 7. D�o vehicles s?7a11 be stored on the property, exceot for vehicles zwaitir.g tire-mounting servic_, which ray be pari_ad on site for no more than 24 hours. � � �5� ��, SPECIAL CONDITION USE PERMIT APPLICATION � Saint Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street Saint Paul, M�ti S.iI01 266-6589 APPLICANT Name Address Cityt��lj�St�/ Name of owner (if differe PRGPEH I Y Aodress/Locatio LOCATION `Legal descriptioi '::Fee ��:� � �� : Zip��/Q Daytime phon Current Zo �(Srtach addRiona! shee£ if neces /�y.25r E, A. �f�/� � � TYPE O� PERMIT: Appiication is fiereby made under the provisions ofi Chapter�_, Section_��_, Paragraph � of the Zoning Code for a: �"Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING lNFOftMATION: supp{y 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 appiicabie conditio�s. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. site Applicant's sign� � - ------ Date ��/�7City agent --- T-- I � �� , �_3'S'�2e•e� ncce5� �PL�.�Z..ti_/�_�(2� _ "( 2Nc� � Y: : •:'l // I . ' _ � — d ='�.� ` �L �. • �� C � ♦ �` � � � � . � .- ! , _ � •:_� ' , � , : Q`p� �7 am�� m � ' l ;� � � � '� . � i i � ' � .\ ; � �: I �`- `` ' i ; , ' � �� ; � � �; I � �_ !,.-.w - _ I "' _'''_.� ._. ; 1 : ._v_.,�_._ _ � .�o.- ag t 9 9 g - �`(. _.� . ,� � �� I � � N ;� � � � � � l � , ` �z --�1 ', ; � / /4 I . — — '_ ��. � �DS c. izi.<=---------- 2.F.�9P-c��, �=it.T 7:ff ,:� �', / '7F - $/, y � 6�r ra� �Hn en ��o .4. « �� : BEV"cRLY C. CARLSQN 846 Earl 5treet St. Paul, MY. 55106 JANUARY 5, 1993 CITY OF SAIKT PAll� 'Department Qf P7anning and Ecanomic Deyel4pment 25 West pourth Street Saint Paul, MN 55102 ATTENTION: KADY A• DADLEZ Clty Planner' RE: $PECZAL CONDITION USE PERMIT APPLICATION 705 Ea�t 7th Street St. Pdul, M;i. 55106 � b. The fence that ivds on the propepty wfien we purchased the property was in serious need Qf repairs, 1 talked w�th the adjoining resident, who is located in hack pf the property, and instead of repairing exsisting fence, x told him that I Was going to put up a privacy fence and would that be alright, he was thrilled with the idea> and we had Able Fence Company put up the fence, who in turn took out a permit from the City of St. Paul, and instalied the fence. c. There will not be any Vehicles parked in our lot overnight, our business does not warrant vehicles parked any lonaer than it would take for the customer ta pick put tires and for our service man to carry the tires to the vehicle, or if customer requested to put the tires on the vehicie. I feel that this condition shouid be modified, due to the fact that the only vehicles that will be parked there for a period of hours would be the employees. TNRNK YOU. SINCEREL , � �� BEVE Y CARL$0� � � ��,7� �_� � �� 1. 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Ci� -t �` �..� ��" � _ � �j� ¢ o - r :v'�'�� F r ' : !,, � 2� �� `.� ,�„j 9 � �, � �� ,a , , � �' , t5'.;. 5 . J'�' � '� O � _ G � `J � � `_/ i � FARK� � ' � \ ��i" r,�.: ._ .� �� - � ` ,, t ) �'J' ��_'� ° _ ". _,- _, \ �-�_-....� ` n r , r:i` _ i'==� �. _.� :� d � __ --- -- - � � �.:. =� � `v ` � � -:�;,,�t`�C;�''<>�J{;,�(,` <�� ,�' ��'� Q _- ``'f-':-..��%�/� 5��0�0� " � -- - - --� ,:_, , r'� � i - - - - , - �''i , . E:,. r � � �____\ / �_ .-=,-�--, � ----��<��..�%I �`�3 �' '^�.- ��.� � �`��%�� - � _ �%`� _ ,F.-. _.�.. �!\ . . na�� , APPLIC�,NT 1 "'' ��'� '�'�� LEGEND PURPOSE ��'' J � �� zoning distric( boundary � � � • CO °'S DATE -' '.' FILE ,- � ' 1 ' � v �� sub}ect propzr'�y , . PLNG. DIST.�__ MAP, l �� ?O � o onefamily •♦ � comm=rcit m�, � lwofamily � �o i^�ust'i=� SCALE 1" = 400' � � T; �¢ Q mul�ipie family V v2ca�' Council File #E "/ g-35g �RIGINAL Presented By Referred To Committee: Date 1 WHEREAS, Beverly Carlson in Zoning File No. 98-003 made application to the 2 plauniug commission for a special cond'ation use pernut to allow an auto specialty store far 3 selling, repairing and mounting used tires pursuant to the provisions of the Saint Paul Zoning 4 Code for property located at 705 Seventh Street East, legally described as Lots 1 and 2, Block 5; 5 Subdivision of Block 5, Lyman and Dayton's Addition; and 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the zoning committee of the Saint Pau1 Planniug Commission conducted a public hearing on February 5, 1998, after having provided notice to affected properiy owners, and submitted its recommendation to the commission. The commission, by its Resolution No. 98-11 adopted February 13, 1998, decided to deny the application based on the following findings and conclusions: 1. The applicant owns the property and intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Sireet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a permitted use in the B-3 zoning district subject to the following condirions: a. The construction and maintenance of all driveways, curbs, sidewalks, puxnp islands or other faciliries used in conjunction with the operation of the auto service station sha11 be in accordance with current city specifications. Such 25 specifications sha11 be developed by the city planning coordinator, traffic engineer 26 and city fire marshal, and shall be approved by the planning commission, and 27 filed with the city clerk. 28 29 30 31 32 33 34 35 36 37 38 39 40 This condition is met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with screen planting and an obscuring wa11 or fence shall be required along any properiy line adjoining an e�sting residence or adjonung vacant land zoned for residential use. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA This condition is partially met. The rear property line abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated January 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a planting plan. �o��S�6� 1� 1 c. The minimum lot area shall be 15,000 sq. ft., and so arranged that ample spa 98 " 35F� 2 available for motor vehicles which aze required to wait. Auto service stations 3 which are intended solely for the sale of gasoline, oil and minor accessories and 4 having no facilities for incidental servicing of automobiles (including lubricating 5 facilities) and auto convenience markets may be permitted on a lot of 12,000 sq. 6 ft, subject to all other provisions herein, required. 7 8 This condition is not met. The azea of the property is 12,472 square feet. The 9 January 5, 1998, letter from the applicant asks for modificarion of this 10 requirement. 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 Section 64300(d) of the zoning code requires that, before the plauviug commission may grant approval of a principal use subject to special conditions, the commission shall find that: � [� c. � e. The extent, 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 council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this properiy. The proposed use is also generally consistent with the economic development goals stated in the Neaz East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (July 6, 1989). The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. There aze two access points from Bates Avenue, as well as one on East Seventh. The use will not be detrimental to the existing chazacter of the development in the immediate neighborhood or endanger the public health, safety and general welfaze. This condition is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfaze. The use will not nnpede the normal and orderly development and 'unprovement of the surrounding properiy for the uses permitted in the dishict. This condition is met. The B-3 district pernuts diversified types of businesses appropriate for location along major tr�c arteries. The uses should not impede development of such uses. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. 98 �358' 1 WHEREAS, pursuant to the provisions of § 64.206, Beverly Carlson, duly filed with the 2 City Cierk an appeal from the determination made by the plamung commission, requesting that a 3 hearing be held before the City Council for the putpose of considering the actions taken by the 4 said commission; and 5 6 WHEREAS, acting pursuant to § 64.206 through § 64.208, and upon notice to affected 7 parties a public heazing was duly conducted by the Saint Paul City Council on Mazch 25, 1998, 8 where all interested parties were given an opportunity to be heazd; and 9 10 WHEREAS, the council, having heazd the statements made and having considered the 11 application, report of sta� the record, minutes and resolution of the wning comxnittee and of the 12 planning commission, does hereby 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 RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of the plauuiug commission in this matter, based upon the following fmdings of the council: The minimum square footage required by zoning code Section 2(c) is not necessary for this business which does not involve on-site storage of automobiles; and BE IT FURTHER RESOLVED, that the appeal of Beverly Carlson be and is hereby granted subject to the following conditions: The site shall be designed as illustrated on the site plan dated January 28, 1998, including buffer azea, arrangement of parking for customers and employees, location of duxnpsters, and access drives. 2. 3. 4. 5. 6. 7. 8. 9. A screen fence sha11 be maintained along the reaz property line. The 10-foot buffer strip shown at the rear of the site st�all be landscaped and shall include at least two shade trees to provide a visual screen to the residential use to the north. All business, storage, and servicing shall be conducted within the building, except that tires for sale may be displayed outside during the business' hours of operation only. No auto servicing, other than repair and mounting of tires, shall be conducted on the property. No auto repair or body work shall be conducted on the property. No vehicles shall be stored on the properry, except for vehicles awaiting tire-mounting service, which may be parked on site for no more than 24 hours. No more than 5 vehicles may be parked overnight on the site. All on-street pazking of any customer or employee vehicle is prohibited; and BE IT FURTHER RESOLVED, that the Deparhnent of Licenses, Inspecfions, and Environmental Protection is directed to place the nine special condition use permit conditions noted above on any appropriate license issued by the Department of Licenses, Inspections, and Environmental Protection; and � i : BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution ►a to Beverly Carlson, the Zoning Administrator and the Planuing Comxnission. ORIGINAL Adopted by Council: Date _�\�� \ \9 Adoption Certified by Council Secr t ry By: Approved by Mayor: D � By_ � Requested by Department of: BY: Form Approved by City Attorney By: �� l./l /�„��e. y � � •-S� Approved by Mayor for Submission to Council By: CiCy Council Offices XNJ7ACT PERSON 8 RiONE ILathy Lantry, 266-8670 4j24j98 TOTAL # OF S►GNATURE PA6ES GREEN SHEET No . , . , �I::f U oe..a,�.cw�c.oR U a,v� _ ❑ arcwtton�r ❑ arvauu _ ❑wa�xcu�a¢axcFSaa ❑wuwcw.mm�ccrc ❑ r�mrt(atwur.vlti ❑ (CLIP ALL LOGATIONS FOR SICaNATURE) Memorializing the decision of the Saint Paul City Council in granting the appeal of Beverly ;arlson for property located at 705 East Seventh Street. PLANNING COMMISSION CIB CAMMITTEE CIViL SERVICE COMMISSION Has this persoMim e�sr warketl under a cont2ct for this dePertmenl� YES NO H8s tltis Persm�fi�rtn evM been a cilY �PbYeeT YES NO Does this parsaNRnn posseas a sitlll not namallYA� �' anY �+� �Y �pbyee? YES NO Is this pe�soNfirtn a fargetetl ventloYT YES NO ��°?FS� ��:�'? �-s��'� ; .. t �'�;S OF 7RANSACTION f—.. COST/REVENUE BUDOETED (CIRCLE ONE) VES NO ACTNIT'NUMBER 9Ff-35F1 CITY OF SAINT PAUL Norn, Cdemmx, Mayor Apri121, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, NIlV 55102 Re: Zoning File No. 98-003 Appeal by Beverly Carlson Mazch 25, 1998 Dear Ms. Anderson: OFFICE OF Tf� CITY ATTORNEY PegBirl� C'rryAttarney Civil Division 400 Ciry Halt IS WestKel7oggBlvd Sain1 PauL Minnesota 55102 Te(ephone: b12 266-8710 Facsimile: 612 298-56I9 Attached please find a signed resolution memorializing the decision of the Saint Paul City Council in the above-entitled matter. Would you please place this matter on the Council Consent Agenda at your eazliest convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, �� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT �lg - 3 S F� 32 CTI'Y OF 5AINT PAUL Nosm Coteman, Mayor March 3, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Divisian ofPlonning 25 West Founh Street Suini Paui, MN 55102 Tetephane: 61 &266-6565 Facsimite: 6I2-228-3314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday March 25, 1998;_ for the following appeal of a Planning Commission decision denying a request for a special condition use permit: Appellant: BEVERLY CA.RLSON File Number: #98-003 Purpose: Address: Appeal a Planning Commission decision denying a request for a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires. 705 E. 7th Street, (northwesterly side between Maria and Bates) Legal Description of Properiy: Lots 1 and 2, Block 5; Subdivision of Block 5, Lyman and Dayton's Addition Previous Action Planning Commission Recoxnmendation: Denial; vote: unanimous, February 13, 1998 Zoning Committee Recommendation: Denial; vote: 6-0, �ebruary 5, 1998 My understanding is that this public hearing request, will appear on the agenda for the March 11, 1998 City Counci] meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6554 if you have any questions. Sincerely, ��,� ��. � Nancy Frick City Planner n..,�nr';E =e.-5c��, �;,.. %;�':'t:i� . �srnuN, NOTICE OF PVBLIC HEARIIVG The Saint Paul' City Council wi11 condud a public hearing on Wednesday, Mazch 2y, CC: File #98-003 '199g at�5:S0=p.m�in the �ty Covncil ChaznUers, Third Floor C.Yty Hall-Court House, PaUI DUbiulel to consider the appeai of Bevyrly Cazlson to a decision of the Planning Con�mission P2ttie Ke]ly d �nnb a requesE for a speciyl condition use permit to allow an auto specialty store for �'�t: - ePairing, and mounting used tires at 705 East 7th Street (northwest side beiween Wendy Lane, LIEP M�a and sates): Dated: March 3, d998 � � - _ _ " , , . NANCY ANDERSOM � Assistant Cfty Council Secretar7, - . ' ' � lMarch 5. 19981 _ � . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CI'I'Y OF SAINT PAUL Norm Cofeman, Mayot March 18, 1448 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of Plan�dng ZS We# Fourth Street Saint Pnuf, MN 55102 RE: Zoning File #98-050: EEVERLY CARI,SON City Council Hearing: Mazch 25, 1998, 5:30 p.m. Ciry Council Chambers �8 ��SS Tetephone: 612-2666565 Fatsimile: 612-228-3314 P RPQSE: Appea( a planning commission decision denying a specia( condition use permit to allow an auto specialty store for selling, regairing and mounfing of used tires. PLANNING COMMISSION ACTION: DENIAL Unanimous ZONING COMMITTEE RECOMMENDATION: DE2QIAL 6-0 STAFF RECOMMENDATION: DET�TIAL SUPPORT No one spoke. OPPOSITION: No ane spoke. Dear Ms. Anderson: BEVERLY CARLSON has appealed the decision of the Saint Paul Planning Commission to deny a request for a special condition use permit to allow an auto specialty store for selling, repairing and mountina of used tires at 705 E. 7th Street The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on February 5, 1998. The app(icanYs representative addressed the committee. At the close of the public heazing the committee voted 6-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for denial on a unanimous vote on February 13, 1998. This appeal is scheduled to be heard by the City Council on March 25, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, z�..`-`� Ken Ford Planning Administrator Attachments cc: Ciry Council members ��_3S � city of saint paul planning commission resolution file number 98-1___ �___ (',�dte FebruarY 13, 1998 WHEREAS, BEVERLY CARLSON, file # 98-003, has applied for a Special Condition Use under the provisions of Section § 60.544(1); 64.300(d) of the Saint Paul Legislative Code, for the purpose of a special condition use permit to allow an auto specialty store for selling, repairing and mounting of used tires, on property located at 705 TH ST E, legally described as Lots 1 and 2, Block 5; Subdivision of Slock 5, lyman and Oayton's Addition; and WHEREAS, the Zo�ing Committee of the Pianning Commission on 02tQ5/98, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requiremencs of Section 64.300 of the Saint Paui Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its . Zoning Committee at the pubiic hearing as substantiaUy reflected in the minutes, made the following findings of fact: 1. The applicant owns the property ancl intends to operate an auto specialty store which sells, repairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an existing 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh Street. 2. Section 60.544 of the zoning code provides that auto speciafty stores are a permitted use in the B-3 zoning district subject to the following conditions: a. The construction and maintenance af ai/ driveways, curbs, sidewalks, pump islands or ofher facilities used in conjuncfion wifh the operation of the auto service station shall be in accordance with current city specitications. Such specifications shall be deve%ped by the city planning coordinator, tratfic engineer and city fire marshal, and shall be approved by the planning commission, and ti/ed with the city clerk. moved by Field seconded by in favor �nani�us against q �,�s8" � This condition +s met. The applicant intends to use the existing driveways. City staff have reviewed the site plan and find that this access is adequate for the site. b. A ten-foot buffer area with saeen planting and an obscuring wali or fence sha/1 be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential use. This condition is partially met. The rear property iine abuts a residential use. A new fence has recently been erected on the property line by the applicant. The current site plan, dated )anuary 28, 1998, shows a ten-foot buffer area between the parking lot and the fence; however, it does not indicate a p(anting plan. c. The minimum lot area sha!! be 15,OOt1 sq, ft., and so arranged that ampie space is available for motor vehic%s which are required to wait. Auto service stations which are intended solely for the sa/e of gasoline, oi/ and minor accessories and having no facilities for incidental servicing of automobiles (including /ubricating facilities) and auto convenience markets may be permitted on a lof of 12,000 sq. ft, subjecf fo a11 other provisions herein, required. . This condition is not met. The area of the property is 12,472 square feet. The January 5, 1998 letter from the appiicant asks for modification of this requirement. Section 64.300(d) of the zoning code requires that, before the pianning commission may grant approval of a principai use subject to speciai conditions, the commission sha11 find that: a. The extent, location and intensify of the use will be in substantial compliance wiYh the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The most recent District 4 Plan (1986) depicts commercial land use at this property. The proposed use is also generally consistent with the economic development goals stated in the Near East Side Neighborhood Improvement Strategy (1989), which is not part of the comprehensive plan, but which was "accepted" by the City Council (Jufy 6, 1989). b. The use wi11 provide adequate ingress and egress to mrnimize traffic congesfion in the pub(ic streets. This condition is met. 7here are two access points from Bates Avenue, as �� weil as one on East Seventh. c. The use will not be detrimenfal fo the existing character of the deve%pme�t in fhe immediately neighborhood or endanger the public healfh, safety and general welfare. This conditian is met. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. d. The use wi/1 nof impede the normal and order/y devefopment and improvemenf of the surrounding properfy for uses permitted in the district. This condition is met. The B-3 district permits diversified types of businesses appropriate for location along major traffic arteries. The use should not impede development of such uses. e. The use shall, in al1 other respects, conform to the applicable regulations ot the district in which it is located. Except as noted in Finding #2, this condition is met. The proposed use meets ail setback and parkina requirements inciuded in the code. � NOVV, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, that unde� the authority of the City's Legislative Code, the application for a Special Condition Use to ailow an auto specialty store for selling, repairing and mounting of used tires, at 705 7TH ST E is hereby denied, based upon finding 2(c?, that the minimum lot area required by the code is not met. � � � �� Saint Paul Pianning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting ofthe Plann7ng Commission ofthe City of Saint Paul was field Friday, February 13, 1998, at 8:30 a.m. in the Conference Center of City Halt. Commissioners Vfines. Duarte, En�h, Faricy, Geisser, Maddox, Morton, Nordin, Treichet, and Present: �Vencl and l�tessrs. Chavez,. Fieid 7r., Kong, Kramer, McDonel(, Nowlin and Vaught. Commissioners Messrs. *Gervais, *Gordon, *Johnson, Mardell, and *Sharpe Absent: *Excused � Also Present: Ken Ford, Planning Administrator; Beth Bartz, Jean Birkho(z, Kady Dad(ez, Nancy Frick, Tom Harren, Alfen Lovejoy, Ro�er Ryan, and Larry Soderholm, Department of Planning and Economic Development staff. I. Approvaf of lYlinutes of January 30,1998 MOTION: Commissioner Fietrt moved approval of the rrrinutes ojJanuary 3D� Comrnissiot:er Cl:avez secondetl tl:e n:otion wlzie{: carrierl eetaani»toiesLy on u voice vote. II. Chair's Announcements Chair Morton announced that the Steerin� Committee discussed how ptans wou(d be reorganized, quadrant reporting, meetin�s with the quadrant leaders, a meeting with the CIB Committee on February 26 to help coordinate our efforts, and the restructuring of Planning Commission committees. ITI. Planning Administrator's Announcements Mr. Ford announced that after the P(anning Commission meeting this morning, there wilt be a tour that is reviewing the Metro Transit Faciliry site and the Aduli Deteotion Center Facility site. The City Counci( has taken further action on the issue a study of advertisin� signs. They have revised the ordinance as a result of the Planning Commission's action at the last meeting. The task force that has been set up includes a member to be recommended by the Planning Commission and appointed at the discretion of the City Council. The rezoninQ that the Plannin� Commission recommended from residential to office use on 4Vest Seventh Street near 35E was approved by the City Counci(. Mr. Ford announced that there are no�v parking authorization slips for the Planning ��'�� Commission's use. They will be available at meetings. Chair MoROn announced that Commissioner Field will be representing the Planning Commission on the biltboard task force. Commissioner Geisser announced that she has arranged a tour of the ne�v RiverCenter for the Plannino Commission after the nest meeting on Friday, Februarv• 27, 1998. A si�n-up sheet �vas circulated for those who �vould like to attend. � N. Zonina Committee �97-31b U S West Wireless - Special condition use permit to allow a cellular telephone antenna on an existin� residential building less than 60' in hei�ht at 130� Grand Avenue. (Ro�er Ryan, 266-6574, Southeast Team) Commissioner Field explained that the District Council met with the applicant and a before the fast Zoning Committee meeting and a compromise was reached. U.S. �Vest atso furnished the Zooin� Committee with information as to alternative sites and locations �vhich they had checked to see if they cou(d (ocate on a non-residential buitding. A tetter from the district counci( details nvo specific conditions regarding the antenna which the applicant found acceptable. MOTTON: Conimissioner Fielr! naoved approval of the reqtrested specinl contfition use permit to nllow a cellular telep{zone nnterzna on an ezisting residentia[ brriltting less t/tan 6�` � in hezght, subject to the con�litions ttetarled zn a ledterfrom the d`utrict council, ai1305 l'irand Aventre which cctrrietl unanimously an a voiee vote. #97-31� Andre Gambino/Franca Lipari- Cha»ge of noi�conforming use permit. Property at 1472 Grand Avenue is currently used as a contractor's office and the applicant has requested to change the use of the property to a hair salon on the Ist floor with nvo residential units on the 2nd floor. (Beth Bartz, 266-6580, Southwest Team) Commissioner Fie(d explained that the Macalester-Groveland Community Council supports the permit with conditions. MOTION.• Commissioner FieZd moved approvnl of tlre requested chane e oj nonconfo�ming use permit to nitow the property nt I472 Grand Averzue, current[y used as a contractor's office, to cl:ange the use to a hair salon on tke Isifloor with two residential uniis on tlee 2ne1 floor with eonrlitions. Commissioner Faricy explained tltiat her reason for votin� a�ainst the cUan�e of nonconformins use is that she was opposed to the operating times that �vere atloFVed £or the hair saton. After carefiit consideration, she realizes that she finds if quite difficult to tell small 6usiness people �ti'hat timzs they can be open, especially hair salons who make most of their money before and after other peopie �o to �vork. She Fvill vote in approval today. The motion on il:e floor ea�tied unnnin:ous/y on a voice vote. #93-001 John and Joanne Valiukas - Determination of similar use permit to determine q�- 3S�' � whether gro�ving nursery stock and crops, alon� with retail sales of gardenin� and landscaping suppties is an a�ricutmrat use and therefore permitted in a residentia( zonin� district at 13XX Point Dou�las Road. (Kady Dadlez, 266-6582 Southeast Team) Commissioner Field explained that the applicant �vould like to gro�v some crops on the property with some retait safes. In the testimony at the Zonino Committee, the applicant also staed his intention of opering a landscaping business from this site. l-IOTTO` • Comn:issioner Field moved rlenia! for t{:e reqerested �ielern:inallon of simidar use permit to determir:e that growing nursery stack and craps, along with retail sales of gnnlenin ; nnrllnnrlscaping supplier is an agriculttnal trse anrl tl:erefore permitfed in a residentiat zoning �iistrict at 13XX Point ➢ouglas Raacl. Commissioner Fietd added that the testimony revealed that �vhat the applicant is proposing to do there is more than just a truck farm type of market. 1) They intend, in addition to setiin� crops, to sell pond liners, stones and rocks; 2) this properry was rezoned to residential several years ago; the person �vho spoke in opposition lives immediately adjacent to this property. He indicated that at the time he purchased this property four or five years a�o, this property was zoned residentiaL He purchased his home on the assurance that the adjacent property would be residentialty used. Commissioner Field stated that this use is more of a commercial operation than an agricultural one. Commissioner Vaught stated that he felt that, because of the (egai requirements, that he had to make the decision that, in effect, logically, was wron�. He thinks that the zoning on this � particu(ar piece of property is absurd (large (ot residential), and that the hi�hest and best use of the property is commercial. He does not consider this space to be residential space because it is directly across the road from North Star Steel. He noted that if this had been a petition to rezone tl�a property tl�at l�e would have supported it. Commissioner Nowlin asked staff what the appropriate zoning would need to be in order to do the use as proposed. Chair MorCOn responded that it cvould be B-3. Ms. Dadlez responded that she thoueht it �vould depend on the extent and the nature of the activity. If everything were to take place indoors, and it was a fully enclosed faciliry, it would be zoned B-2. If there �vere some outdoor activity, (ikely a B-3 zoning district. Commissioner ICramer noted that there were other things that emerged during the Zoning Committee hearing: 1) that there would be four employees in addition to the two owners for a totat of six; 2) that they woutd 6e putting in an 8-spot parking lot in front af the existing building; and 3) that there �vere going to be garden clubs meeting 3n the bt�ildin�. It began to (ook more and more like a retai( rype use. Commissioner En�h asked what the prospects were that this land mi�hi actually be used, and she commented that she just noted in the meeting notes that District 1 Communiry Council voted in support of it. She's wondering if maybe the Commission is follo�ving their own narrow path on the zoning and not lookin� at the prospect of the land being used to its 6est purpose. Commissioner Field said that he senerally asrees with the observation, but is troubled because it ivas rezoned to `'(arge !ot residentia!' and this clearty is not a crop selling operation, and it �f'�' �S�' � seemed to grow in scope as questions were asked. He wondered why the property was not being rezoned; he coufd have supported that. Commissioner Fie(d noted that he is sympathetic, too, to the pecson who spoke in opposition who bought his house several years a�o, and was assured that the adjacent property was zoned "lar�e lot residential," and that the building was going to be razed. Commissioner Wencl expressed that one of the thin�s people need to considec is that this site is part of a lar�er area and adjacent to vacant land to the east, This is an area �vhere there could be more housin�; the Housing Plan notes that we need 9000 more livin� units by the year 2020. When the Highwood Plan �vas being developed, there was discussion about midtiple housin� for paR of this area. This more intensive use, if it is put in, mi�ht preclude the plan foc housing there. Commissioner Vaught noted that what his sense telts him that this is a reasonable use for this paRicu(ar piece of property. He thinks that zoning these particular properties alons Highway 6l as "large lot residential" �vas an error. He also thinks that the politics are unlikely that that land would be rezoned from its current zoning. He noted that he would second and support a motion to approve this case. Commissioner Kramer, in leafing through the Land Use Plan Draft, noted that this particular site is identified as a potential housin� development site. With respect to the District 1 position, he spoke to a member of the council who, in his opinion, expressed that they had not been aware of the impact of this use. � Commissioner Engh wondered if this large plan is more the enthusiasm of a ne�v smalt business owner. Commissioner Field responded thaC the applicant currently has a landscaping bi�siness, other operations that are located in Maplewood, and it is their intention to relocate these operations at that one site. They testified that it was economical(y unfeasible for them to operate out of rivo seQarate sites. Commissioner Treichel stated that this use is a very interestinp concept, but if the zoning were to change here, it wou[d be spot zoning_ Commissioner Vaught noted that since that property along Hiehway 61 has been rezoned to "large lot residential," no houses have been built there. CommissionerNo�vlin commented that ifthe Commission could get throueh this ircelevant debate and ?et on to the Comprehensive Plan, members would find out ho�v wronQ Commissioner Vaught is about this issue. Mr. Ford commented ihat he heard some ambiguity in the recent discussion that the Commission ou'ht to be clear about what the action is thaPs bein� applied for. Is the Commission lookin� at a similar use beriveen the proposed use and an apple orchard? Ms. Dadlez replied that the Commission is fooking at the question of Gvhether what they are proposino to do similar to something that's allo�ti�ed in an RRL zonin� district. �,Vhat their application is saying is that what they are proposing to do is similar to something listed in the code in the RRL zoning district, and that is asriculture. So, the question is: `'Is what they are E! �jg - 358" � proposing similar to agriculture?" If it is, then the Commission can approve it and they can operate their business. Staff's position is that this is more of a retai( safes business than it is agricu(ture. Commissioner Kramer added that even if this determination of similar use �cere approved, it wouid, in addition, require a special condition use permit. Tl:e motion on t1:e floor to deny tlte requested determinalios of simiLar use at 13.r_r Point Douglrrs Raad carried unanimously on a voice vote. �98-003 Beverlv Car(son - Special condition use permit to a!(ow an auto speciaity store sellin�, repairin� and mountin; of used tires at 70� E 7th Street. (Nancy Frick, 266-6554, Northeast Team) Commissioner Field reported thzt the Land Use Commirtee ofthe Dayton's BluffCommunity Council recommended denial for this permit. MOTION: Commissioner Field moved deninl for tlae requesterl special condition use permit to nllow nn auta specialty store selling, repairina, t�nd mounting used tires at 705 E 7tk Street, based upon tlte lat size of approrimately 12,500 square feer versus the required IS,000 squnre feet, carried aennnimously on n voice vote. February 1498 Minor Zonin�Amendments -(Roger Ryan) � Commissioner Fietd reported that the Fe6ruary 1998 Minor Zonin� Amendments were laid over until the next Zoning Committee meet+na, Thursday, February 19, 1948. Item #7, however, was heard because there was someone present who came to testify regardin� that nunlber. Commissioner Field read the next meetin�'s agenda. He noted that discussion may also be l�etd on some uniform information which is included in the staff findings. With many staff people working on zoning cases, the Zoning Committee thinks it needs to give staff some direction to create uniformity. Commissioner Geisser asked, re�arding minor zoning text amendment #5 that deats with murals, �vhether this is different From the previous discussion the Commission had that would include a hearing by the full Commission, or whether this is somethin� minor and doesn't affect the futt discussion of murals and si�ns. Mr. Ryan responded that this flo�vs out of the case on Grand Avenue which pointed out that there was no definition of murals. Commissioner Geisser stated that she considers this a major issue that there are murals being painted afl over the City on sides of buildings. She asked that some kind of conversation be allo�ved at the full Commission meetin� on this issue. Chair MoROn reminded members that tha minor zoning amendments �vill have a public hearing at Zoning Committee. Commissioner Gzisser is concerned that not a(f businesses or proposed businesses in Saint Paul wit( be made aware ofthis public hearin�. She is askin� that special consideration by made to get as much information about the hearing to as many people as possible. Chair Morton sugoested that maybe the mural issue can be discussed in the billboard committee. Cammissioner Fietd said that he would wetcome that. He feets that under the a�e otd ru(e of ��-�� unintended consequences, when the City attempts to limit billboards and signs, murals wilt be the logical cansequence. He thinks that bilfboards and murals are very much connected. CeRainly, the sign limitations on Grand Avenue have resuhed in a mural being used as an altemative way to promote their business in a targe� format w ithoat havina to comply with the sijn ordinance. i�4r. Ryan stated that a pu6lic hearin� notice of an issue of this magnitude goes to the entire Early Notificatioa System list, Commissioner Kramer commented that only one district council made a commenx. Mr. Ryan noted that now the code does not re�u(ate murats as si�ns. The amendment gives the definition of murals so that everyone knows what a mural is; the amendment is a clarification. Commissioner Geisser asked, `But does everybody kno�v �vhat a mural is? It may be art in the eyes of the beholder. Commissioner Vaught commented that one of the fundamental problems in trying to define a mural is that there is a gray area. A billboard is clearly advertising; it's not deco�ative. That area where a mural stops becoming decorative and becomes primarily commercial is a very £ne (ine and is very difficult to define. Because of that, Commissioner Vau�ht feels that this is someth'tng the Commission needs to spend some good time on. Commissioner Field informed the Commission that the sign code clearly specifies that � anything which is intended to promote business using ima�es, symbols, or letters is deemed to be a sign. He stated that his crusade on this issue is merety to determine a very clear definition of when do mura(s cease being art and begin to be intended to promote the business. MOTTON: Commissioner Geisser moved that tke definition ojtiutrals be pulled from the minor Zoning amend»sents anrl given a separate f:earing or discussion, and thnt tl:e tisf of peopte being asked to participate be broa�lened to inctude everyone tlrat miglet participate in such a conversation. Tke rrzation was seconded by Comtr:issioner Field. Commissioner Field added that he wants this item to have thoughtFul and careful consideration. Tlee motion on t(re floor cnrrierl unnnimously on a voice vote. V. Comprehensive Planning and Economic Deve]opment Committee Commissioner Maddos reminded Committee members ofthe nest meetin�, �Vednesday, February I8, at 4 p.m. in the City Ha(t Annex. VI. Neighborhood Planning and Land Use Committee Commissioner Geisser tumed the report to Larry Soderho(m. Citv Wide Land Gse Plaa Public HearinaDrafr - Staff Presentation and Discussion (Larry Soderholm) �(� � Mr. Soderholm briefly infortned commissioners that on February 27, 1998, the Committee will be asking the Commission to approve a draft for a public hearing. He encouraged Commissioners who have comments to speafc to him or to one of the members of the Nei�hborhood Plannin� and Land Use Committee. Mr. Soderholm announced that the Committee tivil( be meeting on tiionday, February 23, 199$, and wou3d appreciate comments before then. He added that an improved draft will be sent to Cammissioners in the next packet The tentative date for public hearin� is April 24, 1498. Commissioner Kramer thanked Ivic Soderholm for all of his hard work on the drafr, and commented that it looks �ood. VII. Communications Committee Commissioner Kramer reported that Donna Drummond has been assigned to work on the annua( report. A meetin� will be scheduled soon. VIII. Task Force Reports Commissioner No�vlin reported that the Phalen Corridor EIS Draft will be �oing to Committee soon. � Commissioner Treichel reported that the Housing Tash Force is meeting again; meetings will be held every other Tuesday mornings. The Task Force will try to report once a month to the Neighborhood Planning and Land Use Committee. IX. Old Business None. X. New Business None. XI. Adjournment tI�LOTIO�: Commissior:er Geisser moved to adjourn; Commissioner Kramer seconded the motion whic/t carried unanimousty on a vaice vote. The meeting rvas adjourned at 934 a.m. Respectfiilly submitted, K � Ford Plannin� Administrator Approved `�`'� (Date) ��. dL,�-G�2c�CL � cGs�t� Esperanza Duarte ° T Secretary of the Plannin� Commission �l �' �S� . �� MWUTES OF THE ZONING COMMlTTEE C1TY COUNCIL CHAMBERS, SA{NT PAUL, M WNESOTA QN FEBRUARY 5, 1998 � � PRESENT: Mmes. Faricy, Morton and Messrs. Chavez, Field, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Bartz, Dadiez, Frick, Keliey and Messr. Ryan of the Pianning Division. EXCUSED: Mr. Gordon, Mme. Wenci The meeting �vas chaired by Litton Field, Ghairperson. BEVERLY CARLSON 705 E SEVENTH STREET� 98-003; Special Condition Use Permit to aliow an auto speciaity store seiling, repairing and mounting of used tires. Nancy Frick presented slides and reviewed the staff report stating that based on finding 20 staff recommends denial of the permit. Ms. Frick aiso noted that, should the Commission decide to waive the minimum lot requirement to approve the app4ication, the staff report lays out recommended conditions to attach to an approval. At the question of Commissioner Chavez, Ms. Frick stated the District 4 Land Use Committee of the District 4 Council recommended denial of the permit, and it is her understanding that the applicant was in attendance at that meeting. � f2oy Carison, 987 Reaney, appeared and said the reason the Land Use Committee didn't approve his permit is because the zoning code requires 15,000 squase feet and they o�ly have 'f 2,OQ0 square feet. Ne said no cars will be left overnight or worked on, and for that reason they wouid need less square footage. Upon questions of Commissioner Faricy, Mr. Car(son said he has seen the staft recommendation regarding the seven conditions for an approval a�d is willing to abide by them, and that they have roliing racks for the tires and they would be moved inside during non-business hours and outside during business hours Ms. Frick said the conditions were discussed with Mr. Garison last week and the oniy outstanding condition was the pianting and Iandscaping in the rear, and she noted staff is recommending the plant+ng of at least two sfiade trees in the buffer area, and Mr. Carfson indicated his willingness to put in the shade trees as requested. Upon question of Commissioner Kramer, Mr. Carlson said they have owned this property a little over one year and during this time he has upgraded it, and this spring plan to give the exterior a new paint job and trim the dressing as well as put in planters in the front. Upon question of Commissioner Chavez, Mr. Carlson said his is a cash and carry business with tire repairs, mountings and sales. He said there are other warehouses they'll be obtaining their tires through. and they have a contract for ju�k tires wiil be moved out on a daify basis. There were no further questions. No one else appeared and the pu6lic hearing was ciosed. a�-�s� Zoning Committee Minutes � February 5, 1998 Beverly Carison Page Two � Commissioner Faricy moved approval of the permit with the sev=n conditions listed by stafF; there was no second and the motion thereby failed. Gommissioner Morton moved deniai of the permit based on finding 2(c), and the motion was seconded by Commissioner Kramer. Commissioner Vaught said he will vote for the motion only because of the 15,000 square foot requiremzn? and in terms of enforcing the code. Commissioner Kramer stated he seconded the motio� with some consternation as he doesn't find the proposed use to either compiy with, improve or maintain the vitality and appearance of commercial estabiishments or to phase out incompatibie and i or inappropriate uses, and he stated he's not convinced this use meets that criteria in addition to the 15,000 square feet. Commissioner Faricy said she understands the issue of the 15,000 square feet, but asked what other type of business couid go into that particular location, and Commissioner Kramer responded saying any retaii use or office space use. Commissioner Kramer said he believes the bui4ding on the site actuaily curtails its use and he doesn't believe this use fits into the criteria for which auto uses were made special condition uses. There was no further discussion. 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PL?1NNS23G DISTRICT: 4 5. LEGAL DESCRTPTION: LotS 1 arid 2, BlOCk 5; SubdiviSiOri of B1oCk 5, Lymdn and Dayton's Addition 6. PRESENT ZON2NG: B-3 ZONING CODE REFERENCE: § 60.544(1); 64.300(d) 7. STAFF INVEST2GATION AND REPORT: DATE: January 29, 1998 BY: Nancy Frick 8, DATE RECEIVED: O1/06J98 DEADLINE FOR ACTION: 03J07/98 A. PURPOSE: Special condition use permit to zllow an auto specialty store selling, repairing and mounting of used tires. � B. PARCEL SIZE: The properCy has 81.42 feet of frontage on East Seventh Street and a depth 152.1 feet for a total lot area of 12,a72 square £ezt. � C. EXISTING LAND USE; The property is occupied by a vacant stxucture originally used as a filling station. The remainder of the lot is asphalt. There is one cur'n cut (22 foot wide) on East Seventh Street and two curb cuts (22 foot and 20 foot wide) on Bates Avenue. D. S9RROVND2NG LAND IISE: North and West: To the north and west is a chiefly single family neighborhood in an RT-1 zoning district. There is also a large church, (with P-1 zoned parking 1ot) to the west in this neighborhood. The 1'/-story home immediately to the north of the property fronts on Bates. £ast: Across East Seventh Street to the east is Metropolitan State's main parking lot in a B-3 zoning district. South: The property adjacent to the south is substation for the City police department`s FORCE unit. South of that property is a Burger King restaurant. These properties are zoned B-3. E. ZONING CODE CITATION: Section 60.5?4(11a11ows auto specialty stores in th� B-3 General Business District su6ject to Che conditiors discussed in findings 2 and 3 below. �.�-�� Zoning File �98-003 January 28, 1998 Page 2 F. HZSTORY/DISCIISSION: The prop=rty was granted a permit for a filling station in 19�0. It was granted a permit to operate a used car lot (C.F. 263722) June 21, 1974. It was granted a special condition use permit to operate a la^_dscaping business/nursery (Z.c. 9034) December 3, 1981. G. DISTRICT COLRvCTL RECO�NDATION: P.s of the writing oi this sta`f report, the Daytor's Bluff Community Council had taken no action. Its Land Use Committez was expecting to hear the matter at its Fe�ruary 2 neeting. I3. FINDINGS: 1. The applicant owns the property and intends to operate an auto specialty store which se11s, renairs and mounts used tires. The business does not include other auto servicing or repair, or body work. The business will occupy an e:cisting 896 square foot structure, with one servicing bay. The site is accessed by three driveways, two from Bates Avenue and one from East Seventh SCreet. 2. Section 60.544 of the zoning code provides that auto specialty stores are a pzrmitted use in tne B-3 zoning district subject to the following coaditions: • a. The construction and maintenance of alI driveways, cusb, sidewa2ks, pump .isZands or other facilities used in conjunction with the operation of the zuto service station shall be accordance with current city specificatio�s. Such specifications shall be developed by the city p2anning coordinator, traffic engineer and city fire marshal, and shalZ be approved by Che pSanning commission, and filed with the city clerk. This condition is met. The apglicant intends to use the existing driveways. City stafi have reviewed the site plan and £ind that this access is adequate for the site. b. A ten-foot buffer area with screen ,p2anting and an obscuring wa11 or fence shaZZ be required along any property line adjoining an existing resident or adjoining vacant land zoned for residential nse. This condition is partially met. The rear property line abuCs a residential use. A ne�a fence has receatly beea erected on the property line by the anplicant. The current site plz�, dated January 28, 1998, snoss a ter.-foot buffer area betwezn the parking lot and the fence; how=_ver, it does not indicate a gl2nting p1an. ihe apolicant has indicated interest in having this co�dition waived, based upon aa understanding with the o o= tne adjacent residential orop�rty. � letter from the anplicant da�ed January 5, � 1998 address:s this coadition. This letter is attachzd to the staff report. As of tne writing of this staff reoort, sta-- had not received any written cr oral communication from the �3jacent �.�- � residertial property o.mer. c. The minimum Sot area shaZl be I5,000 sq. fC., and so arranged that aaple space is available for motor vehicles wllich are required to wait. Auto service stations which are intended solely for the saZe of gasoline, oil and mino� accessories and having no facilities for incidentaZ servicing of automobi2es (including lubricatiag facilities) and auto convenience markets may be permitted oa a 2ot o£ I2,000 sq. ft, subject to all otner provisions herein, required. This condition is not met. The area of the property is 12,472 square feet. 2he 3anuary 5, 1998 letter from the applicant asks for modification of this requirement. a. The extent, location and intensity o£ the use will be substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. � The Near East Side N=ighborhood Tmprove�ent Strategy (1989), o:hich is not part of the comprehensive p1an, but which was "accepted" by the City Council (JUly 6, 1989), characterizes East Seventh Street as a commercial spine and as a gateway. The Neighborhood Improvement Strategy or "N.I.S." includes a list of economic development goals. Staff finds thaC the proposed use is generally consistent with these three N.2.5. economic developmenC goals: Zoning File �98-003 January 28, 1998 Page 3 3. Section 64.300(d) of the zoning code requires that, before the planaing commission may grant approval of a principal use subject to special conditions, the commission shall find that: This condition is met. The most recent District 4 P1an (1986) depicts commercial land use at this property. 1 a 8 Concentrate commercial land uses a2ong existing commercial spines. Provide goods and services that are needecl by those who live and work in the neigh6orhood. Improve and maintain the vitality ar.d appearaace of commercial establishments. Tnese two ad3itional N.Z.S. economic development goals bear comment: � 0 20 Pnas=-o;:t com,^,ercial uses taat are incompatible with adjacent reside=tial uses (e.g. auto body shons, used car lots). Pnase-out incompatible, inapp-opriate us=s zloeg tne �� Zoning File ,",98-003 January 28, 1998 Page 4 n_eigi3.bornood's gateways. Th= level of inconpatibility posed by an auto soecialty shop is, of ccursz, subject to interpretation. Flowever, the examples giver_ ir_ th_ N.I.S. o� inco;�oatible uses focus on those with outside storage of automobiles. Sta`f finds that the proposed used ti:e sales business is not clearly incomnatible with adjacent residential uses. b. The use wi12 provide adequate ingress and egress to minimize traffic congestion in the pub2ic streets. " . This condition is met. There are two access points from Bates Avenue, as well as one on East Seventh. e. The use wiSS not be detrimenta2 to tfie existing character of the development in the immediately neighborhood or endanger the pubZic health, safety and general welfare. This cor,3ition is s,et. East Seventh is a commercial street. The use as proposed poses no hazard to health, safety or welfare. � d. The use will not impede the normal and orderly deve2opment and improvement of the surrounding property for uses permitted in the district. This condition is m=t. The B-3 district permits diversi�ied types of businesses appropriate for location along major traf£ic arteries. The use should not impede development of such uses. e. She use sha22, in a21 other respects, conform to the applicaSle regulations of the district in whiah it is located. Except as noted in Finding #2, this condition is met. The proposed use meets all setback and parking requirements included in the code. I. STAFF RECOMMENDATION: Based upon Finding 2(c), staff recommends denial of this permit. If the Planning Commission finds that the minimum square footage required by the code may be waived for this aoplication, for reason that the required area is not necessary for the used tire business to be operated in an orderly way, due to the business�s size and nature, which does not involve on-site storage of automobiles, and therefore determin<s to grant the special condition use permit with waiver of this minimum area reauirement, the sta£f r2commends that the following conditio�s be attacn=d to the permit: � 1. The site sha11 be designed as illustrated on the attached site p1an, dated January 28, 1998, including buffer area, arrangement o_` parking � � Zoning File #98-003 January 28, 1998 Page 5 �� for customers and employees, location of dumpsters, aad access drives. 2. A screea fence shall be maintained along the rear property line. 3. The 10-foot buffer strio sho»-i at the rear of the site sha11 be landscaped aad sha11 include plaatings of at lezst two shade trees to provide a visual screen to the residential use to the north. 4. All business, storage, and servicing sha11 be conducted within the' building, except that tires for sale may be displayed outside during the business's hours of operation only. 5. No auto servicing, other than reoair and mounting of tires, shall be conducted on the property. 6. No auto repair or body work shall be conducted on the property. 7. D�o vehicles s?7a11 be stored on the property, exceot for vehicles zwaitir.g tire-mounting servic_, which ray be pari_ad on site for no more than 24 hours. � � �5� ��, SPECIAL CONDITION USE PERMIT APPLICATION � Saint Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street Saint Paul, M�ti S.iI01 266-6589 APPLICANT Name Address Cityt��lj�St�/ Name of owner (if differe PRGPEH I Y Aodress/Locatio LOCATION `Legal descriptioi '::Fee ��:� � �� : Zip��/Q Daytime phon Current Zo �(Srtach addRiona! shee£ if neces /�y.25r E, A. �f�/� � � TYPE O� PERMIT: Appiication is fiereby made under the provisions ofi Chapter�_, Section_��_, Paragraph � of the Zoning Code for a: �"Special Condition Use Permit ❑ Modification of River Corridor Standards ❑ River Corridor Conditional Use Permit SUPPORTING lNFOftMATION: supp{y 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 appiicabie conditio�s. • MODIFICATION OF RIVER CORRIDOR STANDARDS: Explain why modifications are needed. site Applicant's sign� � - ------ Date ��/�7City agent --- T-- I � �� , �_3'S'�2e•e� ncce5� �PL�.�Z..ti_/�_�(2� _ "( 2Nc� � Y: : •:'l // I . ' _ � — d ='�.� ` �L �. • �� C � ♦ �` � � � � . � .- ! , _ � •:_� ' , � , : Q`p� �7 am�� m � ' l ;� � � � '� . � i i � ' � .\ ; � �: I �`- `` ' i ; , ' � �� ; � � �; I � �_ !,.-.w - _ I "' _'''_.� ._. ; 1 : ._v_.,�_._ _ � .�o.- ag t 9 9 g - �`(. _.� . ,� � �� I � � N ;� � � � � � l � , ` �z --�1 ', ; � / /4 I . — — '_ ��. � �DS c. izi.<=---------- 2.F.�9P-c��, �=it.T 7:ff ,:� �', / '7F - $/, y � 6�r ra� �Hn en ��o .4. « �� : BEV"cRLY C. CARLSQN 846 Earl 5treet St. Paul, MY. 55106 JANUARY 5, 1993 CITY OF SAIKT PAll� 'Department Qf P7anning and Ecanomic Deyel4pment 25 West pourth Street Saint Paul, MN 55102 ATTENTION: KADY A• DADLEZ Clty Planner' RE: $PECZAL CONDITION USE PERMIT APPLICATION 705 Ea�t 7th Street St. Pdul, M;i. 55106 � b. The fence that ivds on the propepty wfien we purchased the property was in serious need Qf repairs, 1 talked w�th the adjoining resident, who is located in hack pf the property, and instead of repairing exsisting fence, x told him that I Was going to put up a privacy fence and would that be alright, he was thrilled with the idea> and we had Able Fence Company put up the fence, who in turn took out a permit from the City of St. Paul, and instalied the fence. c. There will not be any Vehicles parked in our lot overnight, our business does not warrant vehicles parked any lonaer than it would take for the customer ta pick put tires and for our service man to carry the tires to the vehicle, or if customer requested to put the tires on the vehicie. I feel that this condition shouid be modified, due to the fact that the only vehicles that will be parked there for a period of hours would be the employees. TNRNK YOU. SINCEREL , � �� BEVE Y CARL$0� � � ��,7� �_� � �� 1. 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