04-578Council File # O �' � ��
Ordinance #
Green Sheet # �������
ORDINANCE
OF
Presented By
PAUL, MINNESOTA
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Referred To Committee: Date
An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint
Paul and the zoning maps thereof:
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WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legisiative Code, Alfred & Hoyoko
Yahanda duly petitioned to rezone 1435 Cleveland Ave. N. being legally described as PIN 20-29-23-41-0057, Si
Anthony Park North Lots 1 and Lot 2 Blk 17 from RM-1 Multiple-family Residential to B-2 Community Business,
the petition having been certified by the Planning Division on March 5, 2004, as having been consented to by at
least 67 percent of the owners of the area to be rezoned, and further having been consented to by at least two-
thirds of the owners of the property situated within 100 feet of the total contiguous property within one year
preceding the date of the petition; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on April 1, 2004, for the
purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its
recommendation to the Planning Commission for approval; and
16 WHEREAS, the Planning Commission considered the rezoning petition at its meeting heid on April 9, 2004, and
17 recommended approval to the City Council; and
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19 WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the
20 official newspaper of the City on April 26, 2004, and notices were duly mailed to each owner of affecteii properly
21 and property situated wholly or partly within 350 feet of the property sought to be rezoned; and
Benanav
BOSLYOID
Harris
Thune
Adopted by Council: Date
Adoption Certified
Approved b
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Council
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Requested by Department of:
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Approved by Financial Services
By:
Form Approved by City Attorney
By:
Approved by
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22 WHEREAS, a public hearing before the City Council having been conducted on May 5, 2004, at which all
23 interested parties were given an opportunity to be heard, the Council having considered all the facts and
24 recommendations concerning the petition; now, therefore
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section T.
That the zoning map of the City of Saint Paul, Sheet Number 1, as incorporated by reference in §60.301 of the
Saint Paul Legislative Code, as amended, is hereby further amended as follows:
That the property at 1435 Cleveland Ave. N., being more particulariy described as:
ST ANTHONY PARK NORTH LOTS 1 AND LOT 2 BLK 17
be and is hereby rezoned from RM-1 to B-2.
Section 2.
41 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
42 publication.
� Green
oy- s�f�
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Departmentloffice/council: Date Initiated:
I PE — P���ng&EconomicDevelopment o�-�Y-� Green Sheet NO: 3016215
ConWct Person 8 Phone• DeuaRment Sent To Person Initial/D e
Patricia James � 0 lanoin & Economic Develo y 5 G Bl
6-6639 �
A55ign 1 lannin & Economic Develo DireCtor
Must Be on Council Agenda by (Date): NumEer 2 i A orne S(Z ��
I For
Routing 3 a or' Office
I Order 4 ouncit I
I
TMaI # of Signature Pages � (Clip All Locations for Signature)
, Action Requested:
Adopt ordinance memorializing City Council acrion approving the rezoning from RM-1 Mulriple-family Residenrial to B-2 Community
Business for property at 1435 Cleveland Ave. N., SW comer at Buford. Public hearing held May 5, 2004.
I,
Recommendatlons: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personfffin ever been a city employee?
Yes No
3. Does this person/firm passess a skill not normally passessed by any
current city employee?
I Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The owner of the property at 1435 Cleveland Avenue wishes to open a restaurant in the building. The building is located in an RM-1
zoning dishict and is legally nonconfonviug. The owner wottld be unable to open the restaurant under the requirements of the code for
legal nonconforming uses. The City Council approved the rezoning on May 5, 2004 after a public hearing.
AdVantapes If ApprOVed: - i
Rezoning ordinance will be adopted per City Council intent.
� RECENED -
' �isadvanraaes�fAaaroved: MAY 1 4 ZOO4
None MAY i l 2ona
MaYO� OFFICE ����,������p��
Disadvantages If Not Approved:
City Council acrion will not be completed.
Total Amount of CostlRevenue Budgeted: �p h�'��?§�I
Transaction: � �Q,, ,2.Pr
� Fundinp Source: ActiviN Number:
� Financial Information: ��� � � ��U'P
'�, (Explain)
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DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Martha G. Fuller, Director
CITY OF SAINT PAUL
Randy C. Ke11y, Mayor
April 14, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Ha{I
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 West Fourth Street
Saint Paul, MN 55702
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Te[ephone: 651-266-6700
FacsimiZe: 651-228-3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, May 5,
2004 for the following zoning case.
Zoning File Number:
Applicant:
Address:
Purpose:
Previous Action:
04-052-410
Alfred & Hoyoko Yahanda
1435 Cleveland Ave. N., SW corner at Buford
Rezoning from RM-1 Multiple-family Residential to B-2 Community
Business
Zoning Committee Recommendation: approve, 4- 2(Alton, Morton), April 1, 2004
Planning Commission Recommendation: approve, 12 - 4(Johnson, Lonetti, McCall, Morton), April 9, 2004
I have confirmed this day with Councilmember Benanav's office. My understanding is that this public
hearing request will appear on the agenda for the April 28, 2004 City Council meeting and that you will
publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any
questions.
Sincerely,
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Patricia James
City Planner
cc: File #: 04-052-410
Applicant: Alfred & Hoyoko Yahanda
Mahmoud Shahin
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
NOTICE OF PUBLIC HEARING
The Saint Paul City Council will con-
duct a public hearing on Wedneaday, May
5, 2004, at 5:30 p.m. in the City Council
cl�ambers,l7�ird Floor, city Ha11 to con-
sidenthe application ofAlfred & Hoyoko
Yal�anda to rezone property &;om RM-1
(Multiple-Family Residential) to B-2 Com-
muxssty Business at 1435 Cleveland Ave-
nue L�Torth, southwest corner at Bufoxd.
DaEed: Apri122, 2004
MARY ERICKSON, � '
Assiatant City Council Secre£ary
(Apii126) � " ,
L:Vunanda�ZOning\CCdocs\04-052-410may5-04ccm.wpd AA-ADA-PEOEmployer
DEPARTMENTOFPLANNING
& ECONOMIC DEVELOPMENT
Martha G. Fu[[er, Direclor
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YkUii
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CITY OF SAINT PAUL
Randy C. Kelly, Mayor
25 Wesi FounhStree[
Saint Paul, MN55102
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Telephone: 657-266-6700
Facsimile: 65I -2283210
Apri123, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Re: Zoning File #: 04-052-410
Applicant: Alfred & Hoyoko Yahanda
Address: 1435 Cleveland Ave. N., SW comer at Buford
Purpose: Rezoning from RM-1 Multiple-family Residential to B-2 Community Business
City Council Hearing: May 5, 2004, 5:30 p.m, City Council Chambers
Staff Recommendation:
District Council:
Zoning Committee Recommendarion:
� Support:
Opposition:
Planning Commission Recommendation:
Staff Assigned:
Attachments:
Approval
Denial
Approval, vote: 4- 2(Alton, Morton)
0 people spoke, 0 letters were received
0 people spoke, 2letters were received
Approval, vote: 12-4 (Johnson, Lonetti, McCall, Morton)
Patricia James, 266-6639
Plaunang Commission resolurion
Planning Commission minutes, Apri19, 2004
Zoning Committee minutes, April l, 2004
Cosespondet�ce received
Staff Report packet
cc: Applicant: Alfred & Hoyoko Yahanda
City Council Members
Disirict Council: 12
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
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AA-ADA-EEO Emplayet
V� t i/
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city of saint paul
planning commission resolution
file number 04-33
date April 9 , Zoo4
WHEREAS, Alfred & Hoyoko Yahanda, File # 04-052-410, have applied for a rezoning from RM-1
Multipte-family Residential to B-2 Community Susiness under the provisions of §60.540 of the Saint
Paul Leg+slative Code, on property located at 1435 Cleveland Ave. N., Parcel Identification Number
(PIN) 20-29-23-41-0057, legally described as St Anthony Park North Lots 1 and 2 Bik 17; and
WHEREAS the Zoning Committee of the Planning Commission, on Apri! 1, 2004, held a p�.:blic
hearing at which ail persons present were given an opportunity to be heard pursuant to said
applicafion in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following findings
of fact:
1. The purchaser of this building wishes to open a restaurant in this building. Fie has been informed
that the existing commercial uses in this structure are the kinds of uses first �ermitted in the B-1 _
- distr�ct�sb�as�fii�sf permiffec3 in B=2 �estaurant) would not be permitted. In addition,
the purchaser believes that making the building conforming as to zoning would aid in keeping the
storefronts occupied and wouid-reduce the cost to new businesses because they would not need
to apply for nonconforming use permits.
2. Past uses of the commercial portion of the buiiding have included grocery store, photocopying,
laundry, barber shop, cafeteria, and restaurant. These uses are first permitted in a variety of
business districts: OS-1, B-1, and B-2. In addition, changes to the zoning code over time have
also changed where uses are first permitted. For example, at one time the Kinko's copy center
was considered a B-2 use. Photocopying is now first permitted in the OS-1 district.
3. The existing building is compatible with the way in which this area has developed. The west side
of Cleveland has developed to provide housing and other services to the students and faculty at
the university across the street. This building provides 7 residentia{ units and a variety
commercial services to the university community, as well as the residentiai area to the west. The
site had commercial zoning prior to 1975, and the proposed B-2 zoning is compatibie with the
area.
4. The Transportation Plan classifies Cleveland Avenue as an "A" Minor Arterial, defined as main
access routes to principal arterials and regional business concentrations. The Land Use Plan
supports compatible mixed uses in traditional neighborhoods (policy 5.2.1). It is also identifies
Cleveland as a secondary transit corridor and this area in particular as a potential site for major
redevefopment. The District 12 Plan (1980) recommends improvements to this building to halt its
moved by Field
seconded by
in favor �2
against 4(Morton, Lonetta, McCa11, Johnson)
v�1-57�
Zoning File # 04-052-410
Planning Commission Resolution •
page 2
deterioration. It also finds that the businesses in this building ° provide valuable services to the
neighborhood and the campus, and should be allowed to continue indefinitely." It recommends
that the businesses be rezoned from RM-1 to B-2.
5. Uses permitted in the B-2 district not included in the OS-1 or B-1 districts inciude retail and
service establishments dealing directly with consumers, private clubs, liquor licensed
establishments, restaurants, theaters and assembly hails, veterinary clinics, mail order houses,
health and sports clubs, food catering, brew on premises sfores, and cutrency exchange
businesses. Other, more auto-oriented businesses are permitted as conditional uses.
6. The current zoning permits oniy residential uses, with the commercial uses Iegally nonconforming.
The long term goai of the nonconforming regulations in the zoning code is to do away with the
nonconforming uses over time so that the property can be used for conforming purposes. The
curren: zoning doss no; pe; mit reasona6le use of fhis mixed use buiiding.
7. The petition was determined to be suffcient on March 5, 2004. Parcels eligible: 10; parcels
required: 7; parce(s signed: 7.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to
City Councii, that the application of Alfred & Hoyoko Yahanda for a rezoning from RM-1 Multiple-
family Residentiai to B-2 Community Business for property at 1435 Cleveland Ave. N. be approved..
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• Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West_
Minutes of Apri19, 2004
d�' �J�`l
A meeting of the Planning Commission of the City of Sainf Paul was held Friday, Apri19, 2004,
at 830 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer Lonetti, McCall, Morton, Shortridge,
Present: and Trevino; and Messrs. Alexaader, Coletta, Field, Fotsch, Gordon, Jolmson,
Kong, Kramer, Mazdell, Mejia, and Scott.
Commissioners Messrs. *Alton, *Anfang, and *Dandrea.
Absent:
*Excused
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Also Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Allen Lovejoy,
Nancy Homans, 3oel Spoonheim, Patricia James, Casey MacCallum (Intern},
and Mary Bruton, DeparEment of Planning and Economic Development staff:
I. AQproval of mi��,tes of March 26, 2004
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MOTION: Comrrtissioner Fiedd moved approval of the minutes of March 26, 2004.
Commissioner ponnelly-�ohen seconde3 the motion. The motion carried unanimously on a
voice vote.
Chair's Announcements
Chair Johnson stated he received correspondence from the City Council concerning the River
Corridor Zoning Task Force and said he is looking for a Planning Commissioner to volunteer to
be on that task force.
He reminded the Commissioners about the Millard Filimore dinner on May 13, 2004. The
deadline for reservations is May 23
Platuiing Administrator's Announcements
Mr. Lany Soderholm reported on City Council business.
City Council business on 4/7/04:
- Adoption of the new TN Zones and Reformatted Zoning Code on a vote of 7-0. Mr.
Soderholm and Chair Johnson congratulated Mr. Allan Torstenson on his hazd work over the
last couple of years to rewrite the Zoning Code.
- Received the lawsuit by the Summit Avenue Residential Preservation Associarion (SARPA)
alleging that the City's was wrong in deciding that the University of St. Thomas EAW was
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Conuiussioner Field stated District 8 recommends approvai. No one spoke in supgort. No one •
spoke in opposition; 1 letter was received in opposition. The public hearing was closed. The
Zoning Committee recommended approvat with condirions on a vote of 6-0.
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1l�tOTION: Commissioner Field moved the Zoning Committee's recommendation to approve
the enlargement of nanconforming use and height variance. The motion carried unanimously
on a voice vote.
#04-047-129 Mazlin Brober - Rezoning from RM-2 Muifi-family Residentiai to I-1 Indusuial to
provide off-street pazldng and storage of equipment and suppfies. 337 Atwater St., between
Farrington & Western. (Allen Lovejoy, 651/266-6576)
Commissioner Field stated that District 6 recommends approval. No one spoke in support, 1
letter was received. No one spoke in opposition. The public hearing was closed. The Zoning
Committee recommended approval on a vote of 5-0.
MOTION: Commissioner Field moved the Zoning Cammittee's reco�izmendation to approve
the rezoning. The motion carried unanimously on a voice vote.
NEW BUSIlVESS
#04048-912 R& N Coiporation (Sason Fordl - Rezoning from RT-1 Two-family Residentiai to
B=3 General Business to expand existing business and add pazldng. 250 & 262 Sherbume Ave.,
between Farrington and Galtier. (Pat.�icia Tames, 657/266-6639) �
Commissioner Field stated District 7 recommends denial. No one spoke in support; 1 letter was
received. One parry spoke in opposition. The Zoning Committee recommended approvai on a
vote of 6-0.
MOTION: Commissioner Field moved the Zoning Committee's recommendalion to approve
the rezoning. The motion carried unanimously on a voice vote. '
#04-032-410 Alfred & Hoyoko Yahanda - Rezoning from RM-1 Multiple-family Residential to
� B-2 Community Business. 1435 Cleveland Ave. N., SW corner at Buford. (Patricia James,
65I/266-6639)
Commissioner Field stated District 12 recommends denial. No one spoke in support. No one
spoke in opposition; 2 letters were received. The public hearing was closed. The Zoning
Couunittee recommended approval on a vote of 4-2 (Morton, Alton).
MOTION: Comrrtissioner Field moved the Zoning Committee's recornmerzdation to approve
the rezoning.
Commissioner Morton stated she voted in opposition to this because she thinks it is spot zoning.
She said this one strip will be B-2 and there isn't any other B-2 in that azea.
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Recorded and prepazed by
Mary Bruton, Planning Commission Secretary
Planning and Economic Development Department,
City of Saint Paul
Respectfully submitted,
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Larry S rholm
Planning Admuvstrator
PED�Bruton�Miautes�Apri19, 2004
Approved ����`�� % �i �///u3`
� (Date)
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Sue M 1
Secretary of the Planning Commission
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PRESENT:
ABSENT:
STAFF:
ALSO
PRESENT:
MINUTES OF THE ZONING COMMITTEE
Thursday, Ap�il 1, 2004 - 3:30 p.m.
City Council Chambers, 3rd Ploor
City Hal1 and Court House
15 West Kellogg Boulevard
Alton, Faricy, Field, Kramer, Mejia, and Morton
A�fang and Gordon
Patricia James, Mary Bruton, Ailen Torstenson and Peter Wamer
Commissioner Johnson
L�i �� �
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The meeting was chaired by Commissioner Field.
R& N Corporation (Saxon Ford) - 04-048-912 - Rezoning from RT-1 Two-family Residential to B3 General
Business to expand existing business and add parking. 250 & 262 Sherburne Ave., between Farrington and
Galtier.
Patricia James presented the staff report with a recommendation of approval for the Rezoning. She noted District 7
had some pros and cons about their approval of this but the committee voted to recommend approval of the rezoning
to B-3.
One letter was received in support.
Mr. James Saxon, 13 Fenlea Circle, passed around a rendering of the sites' development. Mr. Saxon stated they
have severaf lots that used to be residential, behind the main showroom, that are now zoned commercial. He said
they are good neighbors and maintain their facility. Mr. Saxon stated that if it was rezoned to P-1 it would be
enseiess just io paric there; they wouid want to have the fiexibility to have the same zoning that they have for the rest
their real estate. They are in a predicament where they are competing wifh suburban stores that have double the
acreage that Saxon Ford has. They are surviving on about 5 acres that aren't even contiguous, having 2 streets they
have to cross in order to do business. Mr. Saxon stated they would implement this plan within the next 12-24 months.
Mr. Tate Danielson, District 7, 689 N. Dale Street spoke in opposition. Mr. Danielson stated there was a District 7
meetina on MarCh 23rd where a arpup of residents vo#ed to apr�rnv� the rQ�nnin�, HP �?�,� ca,��� Fnrri hwg hcon u
good neighbor and the neighborhood feels very good about their business and would hate to see them leave or
struggle. _ He stated that after the meeting the Board of Directors Executive Committee for District 7 reviewed the
application, and because of the recommendation of the District 7 plan and because of the complexity of this issue as
far as changing from residential to commercial use, the Executive Committee's recommendation is to deny this
application, have Saxon Ford apply for the P-1, and then approve a Special Condition Use Permit allowing them to put
all their commercial vehicles in that lot while they are doing business there, and when they Ieave and that use is
eliminated, whatever business goes in there next has to go under the guidelines of P-1.
Mr. James Saxon stated they don't want to be restricted to the use of the lot under P-1.
The public hearing was closed.
Commissioner Faricy moved approval of the Rezoning. Commissioner Morton seconded the motion.
Adopted Yeas - 6 Nays - 0
Drafted by:
Carol Martin u (Mary B�
Recording Secretary
Submitted by:
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Patricia Jame
Zoning Section
Approved by:
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ZONING COMMITTEE STAFF REPORT
• FILE # 04-052-410
1. APPLICANT: Alfred & Hoyoko Yahanda HEARING DATE: April 1, 2004
2. TYPE OF APPLICATION: Rezoning
3. LOCATION: 1435 Cleveland Ave. N., SW corner at Buford
4. PIN & LEGAL DESCRIPTION: 20-29-23-41-0057; St Anthony Park North Lots 1 and 2 Blk 17
5. PLANNING DISTRtCT: 12 EXISTlNG ZONING: RM-1
6. ZONING CODE REFERENCE: §60.540; §64.400(b)
7. STAFF REPORT DATE: March 25, 2004
8. DATE RECEIVED: February 9, 2004
BY: Patricia James
DEADLINE FOR ACTION: April 9, 2004
A. PURPOSE: Rezoning from 12M-1 Multiple-family Residentiai to S-2 Community Business
B. PARCEL SIZE: 100 ft. (Cleveland) x 150 ft. (Buford) = 15,000 sq. ft.
C. EXISTING LAND USE: Mixed commercial-residential structure with 5 storefronts and 7 dwelling
units
D. SURROUNDING LAND USE:
Nocth: church and multi-family residentiat (RM-1)
East: University of Minnesota, Saint Paul Campus (Falcon Heights)
South: mixed density residential and institutionai uses (RM-1)
West: low density residential (R-3)
� E. ZONING CODE CITATION: §60.540 lists the uses permitted in the B-2 zoning district;
§64.40�(b) provides for changes to the zoning of property initiated by the property owner.
F. HISTORY/DISCUSSION: The entire block was zoned Commercial prior to 1975, when the entire
block was reclassified as RM-1, making this building nonconforming. In 1991 a change of
nonconforming use permit (Zoning Fite # 91-075) was approved for a sandwich shop in the space
currently occupied by Lori's Coffee House. This use was never established, and in 1992 a
change of nonconforming use permit was approved for Lori's (Z.F. # 92-249).
G. DISTRICT COUNCII RECOMMENDATION: District 12 recommends denial of the rezoning.
H. FINDINGS:
1. The purchaser of this building wishes to open a restaurant in this building. He has been
informed that the existing commercial uses in this structure are the kinds of uses first
permitted in the B-1 district, so a use first permitted in the B-2 district (restaurant) wouid not
be permitted. In addition, the purchaser believes that making the building confonning as to
zoning would aid in keeping the storefronts occupied and would reduce the cost to new
businesses because they would not need to apply for nonconforming use permits.
2. Past uses of the commercia! portion of the building have incfuded grocery store,
photocopying, laundry, barber shop, cafeteria, and restaurant. These uses are first permitted
in a variety of business districts: OS-1, B-1, and B-2. In addition, changes to the zoning code
over time have also changed where uses are first permitted. For example, at one time the
Kinko's copy center was considered a B-2 use. Photocopying is now first permitted in the OS-
1 district.
3. The existing buitding is compatibte witfi the way in which this area has developed. Tfie west
• side of Cieveland has developed to provide housing and other services to the students and
faculty at the university across the street. This building provides 7 residential units and a
0�-5
Zoning File # 04-052-410
Zoning Committee Staff Report
page 2
variety commercial services to the university community, as well as the residential area to the
west. The site had commerciaf zoning prior to 1975, and the proposed B-2 zoning is
compatible with the area.
4. The Transportation Plan classifies Cleveland Avenue as an "A" Minor Arterial, defined as main
access routes to principal arterials and regional business concentrations. The Land Use Plan
supports compatible mixed uses in traditional neighborhoods (policy 5.2.1). It is also ident�es
Cleveland as a secondary transit corridor and this area in particutar as a potenfiaf site for
major redevelopment. The District 12 Plan (1980) recommends improvements to this building
to halt its deterioration. It also finds that the businesses in this building "provide valuable
services to the neighborhood and the campus, and should be allowed to continue indefinitely.°
It recommends that the businesses be rezoned from RM-1 to B-2.
5. Uses permitted in the B-2 district not included in the OS-1 or B-9 districts inG�de retai! and
service establishments dealing directly with consumers, private clubs, liquor licensed
establishments, restaurants, theaters and assembly halis, veterinary clinics, mail order
houses, health and sports clubs, food catering, brew on premises stores, and currency
exchange businesses. Other, more auto-oriented businesses are permitted as conditional
uses.
6. The current zoning permits only residential uses, with the commercial uses legally
nonconforming. The long term goal of the nonconforming regulations in the zoning code is to
do away with the nonconforming uses over time so that Yhe property can be used for
conforming purposes. The current zoning does not permit reasonable use of this mixed use
building.
7. The peti6on was determined to be sufficient on March 5, 2004. Parcels eligible: 10; parcels
required: 7; parcels signed: 7.
STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the
Rezoning from RM-1 Multiple-family Residential to B-2 Community Business.
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PETITION TO AMEND THE ZONING CODE
Depardnent of Planning and Economic Development
Zoning Section
I400 City HaU Annex
25 West Fourth Street
SaintPaul, MN55102-I634
(65I) 266-6589
APPLICANT
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AddressJLocation 1�-1��"�Y-1N-6� GL�V��!'�i�9� R�f� fai 5�,��1i�� YL��}�
PROPER7Y g p i� ��j (' L#��- L� �� �'�� �1 �T �"�� 6Uy ��C12� ��' i �
LOCATION Le al Descri tion
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(attach additional sheet it necessary) � , � �, �i , ����,-�
TO THE HONORABLE MAYOR AND CITY COUNCIL:
Pursuant to Section 64A00 of the Saint Paul Zoning Ordinance and to Section 482.357(5) of Minnesota Statues,
` �1 ��1 ���I •}�t !�')���._�1��,�, owner of land proposed for rezoning, hereby petitions you to
ezone the ahove descri6ed proQerty from a�" �.. zoning district to a���
zoning district, for the purpose of: �� �.�C�}�� ��
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(attach additionai sheet(s) if necessary)
Attachments as required: ❑ Site Plan
Subscribed and sworn to before me
this . ts� day
of �v.��...4�..., .206�_.
•
/
Notary Public
'�Affidavit
Fee Owner of Property
Titie: t ��" srU�'��
� JOSH FERREIRA
� Commtssion # 1A40212
,� -» ' NoTary Public — Calitomip�
Santa Ctara County -
MlyCOmm. E�q?ires�P 79 2pp7
� Consent Petition
Page 1 of _
��-5?B
��;a �as� far �2eza;�ing
Tlus building (pin 202923.41.0057) has been a commercial build'mg for the past 100
years. At diuerent times r co_n_taaned a bu�c�er suop, a dry cleaner, a caieteria, a barber
shop, a pizza place, a coop, a laundry mat, a kinko`s, and always had some land of grocery
store. At tfiis time the bulding contains ei�'nt apart� as?d fivs store fronts. '£he stores
are: Lori's Coffee House, Tasha's Eclectic Gothing and Furnishings, Laundry Mat ('m nxn-
down condition}, empty space formeriy used as a Barber Shop, and the space thai we seeic
to open as a restatuant.
�
I have owned Lori's Coffee House for the past seven years and purchased the building,
where I currently reside with my wife and dau;hter, three years ago from the Ya,handa's by
a contract of deed. I believe this property has great potential to serve the neighborhood
and U of M-St. Paul Campus oaly by ama°ting the right businesses. For any business to
succeed in this building it must depend on walk-in-traffic from the campus and
residential as well as co�merciai neighborhood. This community of more than I5,000
people has no restaurant, laundry mat, coffee shop, or gift shop to frequent within walking
distance except in my buiiding. This observation became clear to me when I saw both the
coop and Quick Pick Grocery go out of business because customers need to drive for
goceries. Dri�;ng was, and is not an option because students abuse the I hour parking
]imit on the streets surrounding the bu�ding and the police only enforce this rule once a
week at most. Du:ir.g this time Lcri's Ceffee Hcuse succeeded, and continues to do so,
due to walk-in traffic. .
My plan for the building is to keep Lori's Coffee House unchanged, Tasha's unchanged
and add a restausart that would se_rve fast, affordabie, a�d quality food. The laundry mat
will be removed to the empty space once occupied by the Barber Shop with new
machines. The cunent zoning prohibits the itnplementation of £nis plan, and in fact it ali
the current and previous businesses are non-conforming uses of the property. The uses 6�
this buiiding are atl compatible with the B-2 zoning, I am peritioning for, not with the
RM-1 zoning cunently in place. Our neighbors were surprised to be asked their
permission for rezoring, mo�� of them thougt��t the zoning allows for a restaurant because
of ali the previaus commercial nses.
Mahmoud Y. Shahin
1435 Cleveland Ave. North
St. Paul �1?�T 5510&
�
CITI` �F S�IN'I' P.��'I,
•
CONSE'�TT OF AD70�.'�'II�,'G pROPER'I'Y OW':�ERS FOR A
REZ01�'I'!TG
�� � �� �
` r�'8 r L2 ��IlC.°.I}?�.E�, Gl:i7B;5 Cf DrOPC,.I' h'iL?tiil i�Q ;eet ef tha t .'.t2� CO*u[ie Ct1S 3esc�pticn ef *eal esiate
owned, p��.chase�, or se:d �v TI-.� PE'j'��p?��R z�iEhin ene year pre�eu;ng the dzte c�: t7is p�r,tion
���,eu:ed�e 4,at we have been g;esen:eu wi�h the .oltoa v�L;
1. A coey o`ehe peti:ien ef
ce rezone the prnp located 2i
of
frorc z�.'�J�—�z�R:�g districC to a � ,
�2onin� disr,ict; 2nd
�
�v� �1. s5lU�,
1� L �C 1"j S t>'f S j �u�d Z-
L. A copy of sections �- (' through ^� � 5y
{�� inctucive of the Saint Pau! Zonsg Co�e.
�Z'e ackno•a; iedee t:a! u e are a•�, a*� of a.. of the uses peilrut:ed ;n a� a`�..
are a��zre tha*. a�y cf :hese u,es cai; �e estab2ished Lnon Citt Council apFrov� ef :t:e Rezg;�ingn `;'c i �
censer.i to the rezor.ing of tbe property in the pecition of �
F��-�R�7 t�! �- Hc�-tG,��; f�'�-_��_An, ] � �
(na.�r,e of peiitionerj ' a -'s"---"=— Z�r�n �istrict.
i'ro'e conse3�t ta the appro��at of this reaoning as it xas ex�lained ta us br ehe apQlica�tt ur
his,'her representatfve.
� T:l �s pe;;tion s:;�;:. nc�c ez cor.s;dered ac p flt°c: ll?'i.! :h� lapse oi se��en (i; ti�C'tilf;� d a; s a:ter it is
re o� !:e P:anr;ing ;'i :�n} signaior o; this pettt:�n ms} wi:?;dr2•„ !�is;her r.ame ;he, `c
.-4ll2$i �n';.}::.^, }1�i Ii?.^.�. ` .
A'JuY.ESS GPc Piti Rc^C7Rll r.u'�sr. __ __ .
0� -51�'
C�T�` �F' � ��7!'T PA�I.
CO;�SE?sfT C3F �I>7��\TI1TG PROPERTY t3� :��:RS �C�IZ A
RLQ.�17
«'e. LI:E liRCl2rS1aLC3, O:�'P.2:5 O: Fr�P��� �`�"-Fn�� 1U� {eEj pf L ie [�yrg� �CpCle Q*.15 '�2SC: i L1C�T1 Cf *eai estate
ck�:,e:�, purchasfl �r sold �ti' THE PE'I'�I'Ip�IER ,�•Ir� ,,: g
in one yea: prece„u�g the 3a:z of :nis ��eci?i^a
aciv taa: we ia<<e been presented wic� :he foi?owin�:
�
f. A co� y of the pe;ition of
�o rezona tne gropert f located ai
�
fro,� a�S�' � zor.i:cg dis�rict to a�_� -
tionina 3istricr, and
��
��
I�LjC 1'j IU'�`; '� a„d Z
'_' ,�1 copy of sec?ions t�, �i.� th:ough"'` � �}
��*�clusive of the Sai�t Pzu! Zcr.;r.g C�.��.
5�-� acicnv'u le3ge t}at we are au•aze of ait oi che uses pert*titted in a�' r� �
aze a n-are. that any ci d;ese uses :.an be estab!ished upaa Ci!q Ccuncii approvzi oi the�Re2a� �, E} � J
consent �o t�:e rezoning c�f che property i.^. :he petition of
�k1-�tZE"a r�1 +- }�c�t��kp �,� ��trv�l� 2
lr.ame of pet;ttcner}
'•Q a � zoning disuict.
'4i'e tonseni to the approval of this rezoning as it was exgiainest to us bz• ihe apalicaht or
his/her rep=esentative.
�
fZ6 �
�ay+y,�
�+GIS t Ctlit0;1 Sf72�i not be cor.sice-ed as cffici:.?ly fi!e i1�2�11 !�7C I3C5� 6FS�L'2R_ ('� ti'O:K'.;1� �d� s•
rec�i:•e4 6y :h� Fiar.ning D�vuior,_ � v s afr_- iz :s
. Si'�;:3t07 J. �'il$ �2ili;vP, P?3�' llllhi:[3l'r h15 `i?2I aa.,ie ;h�«�-�..- ���
u*ii-en reqnest uit�i!r. ihat i:rr,e.
�
�'vRE55 Gi Piti RFrncn n�.�,«�
CITY OF SAINT PAUL
u
CONSENT OF AD70Ii�TING PROPERTY OWI�TERS FOR A
REZONING
*.o:ezone the prepe;ty!oca*ed at
frcm a�1�— � zoning district tc a�? '� zoning district; and
•
2
We, the undersigned, owners of property within 1D0 feet of ttie total contiosous description of reai estate
owned, purchased or sold by 'I'HE pg'i'TTTpT.�g u,yrt ��e ��� �,r��z��g ihe date of tnis petition
acicnowieage that we have been presented with the following:
1. A copy of the petition of
M,
LIC 1'"J lo"C� ( and Z
2. A copy of sections � through z�� � inclusive of thP Sairt Pzul Zor.ing Code.
We acknowledge that we aze awaze of all of the uses permitted in a�' c�
aze aware that any cf these uses can be established upon City Council approval of che Rezo ai_ng, c We he et y
consent to the rezoning of the property in the petition of
�L�1�� N1- r } M ��i�iV a
' � to a �' �. zar,ing districi.
(name of petitioner)
We consent to the approval of this rezoning as fit was exglained to u� by the appticani or
hls/her representative.
ADDRESS GR PiN
��T�� � ``=8�
i y3b t�yvHUr��
� tnta��� �` �`�• � 3 � I � �e
.�'�?�r- �-3-!
�
l �j �--J �(�.u�.�
RECORD OWNER
�
�I�t� �l,z���i,,c t,��,;�.4
SIGNATUFZE DATE
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'i c'r�r+� c; w " '
5 S�� �.� ..�
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C�� � > � i ���j �`%� c'c^''f �'`'°' c.
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L�6Y - � K �� � .\ ''-�" � �--^ (i `<' t.i i� U('yr` .
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This petition shall not be considered as officially filed until the lapse of seven (7) working days after it is
received by the Planning Division. Any signator of this petition may withdraw his/her name therefrom by
written request within that time.
io-oi
0��5Z 8
��TI' C�'F S�iY��T PA€;L,
CO'v'SENT OF �1770IIv�NG PROPER�Y O�^_tiERS FOR A
REZfJNIl�G
R'e, che unders; e:ced. ev.ners o: pronertr wichm ?�0 f'ee: of zhe tccai centi�uous descripcion oi rea: estate
cwned. perchase�, or ;-�id b} TfLE PETTTiQ'_�tER within one �ear �recz�u'�� the d2;e of tnis geution
�c;v��wledee [ra� we ha�:; xen presen[ed with [he foil_ovr*_ng:
l. A copy o; :he pecitien of ��� �L� ! v 1 • � �/�.' }� (}�e �(� /V� ��} � �' g��y ,
:o :ezone t:�e propetiy lo�z?e� at
�
�L1C ��7 �t�•t�� { rx�d Z •
fror3 a�.� � 2�ning dist;icF to a '� zoaing d>scrict; ar.d
r
2. A ccpy oi Seciicns �"' }• through '` �`>y inc}LSive of Ihe Saint Pzu! Zen:rg Ccde.
�S`e acl�ao;t le3ge inac we ere av; are c: ali of tne uses pzrmicted in a� Zeniee d;sczicc, and u e
are aware cha. anp ef rhese uses can be sscablished upon City Council approval cf che Reza�:�.g. �{'e heieb �
consenc ;o the rezoaing of the pro�erty ir. che oecit:on of
�Ct�r2�, Tj r�1 *'" 1� c�� GkG F� -`�A H A r.� � 1� ,o a i'� - 2 -.
�on;n� ct:;t<icc.
(r.zme of petitsoaeri
�'�'e cons�nt Lo the agprova] af this rezoning as it ��aa explained to as b: the applicani ar
his/'her representatiFe.
r�
�
�
�
� �
This peuuor, s�a;i eot be consdere� as cPfi�i�lli fil�d vntil :he lapce of <e�zn �;;} �-�,king days s:.es i:'ss �
:eCc;iVEC'�Y CR2 P] 2P.P.in� Di':: Slvtt. .�II;' S;y 2tvC Cf S�:S �BIi:70,*, T:3; `.til[�:.7f3:L hIS r.ame c�:,eirc::, b'�
w;i:cen ra:ue�: v.i:^_r tti3t �;me �
.yDDRESS OR Piti RE;_6.� O�t�';�Ek. S'.G'��aTt,'f2E p,aTE
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�Page 1 of l
Mary Erickson - File 04-052-410
From: "Elizabeth LightFoot" <ELIGH7F0@che.umn.edu>
To: <patricia.james@ci.stpaul.mn.us>
Date: SJ3/2004 4:27 PM
Subject: Rle 04-052-430
Greetings,
I am writing to support tfie change in zoning to aliow for a restaurant on the comer of Cleveland and Buford, in the same
building as Lori's Coffee Shop. I am both a resident of the St. Anthony Park neighborhood, and an employee at the
University of Minnesota's St. Paul campus. As a neighborhood resident, I am e�dted to have a new option for dining with my
family within walking distance. While we love Milton Square and the the other shops on Como, and Abu Nadir down the
street, we believe this location is a prime location for another restaurant in the neighborhood As a faculty on the university, I
am even MORE excited to have another option near campus to meet with students and colleagues. I can see of no down-
sides to the zoning change, and imagine that there will be little impact on the parking situation as m�t customers will
already be on-campus at the U.
Sincerely,
Liz Lightfoot
2334 Brewster
St. Pau1, MN 55108
file://C:�Documents%20and%20Settingslmarye�L.oca1%20Settings\Temp\GW}OOOOS.HTM 5/4/2004
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St. Anthony Park Community Council
March 18, 2004
Patricia James
Depaztment of �lanning and bconomic l�evelogmeat
Zoning Section
1400 City Hall Annex
25 Wets k'ourth Street
Saint Paul, MN 55102-1634
�: Peddon to Amend the Zvnin� Code Coz the pzoperty located at 1435 Cleveland Avenue.
l�ear Ms. James:
� On Thwtsday, Mazch 11, 2004, the St. Anthony Pazk Community Council unanimously appzovad
[he following resolution:
St. A.nthony Park Community Council opposes the request to rezone 1435-1441
Clevelaad Avenue North from I2M-1 to B-2. Iiowever, the St. Anthony Park Coxn�muuity
Council supports Mahmoud Shahin in his e�f'orts co open his restaurant.
If you have any questions with regards to this resolu[ion, piease contact me at 651-649-5992.
Sincerely,
�
���s(���
Mehssa Mathews ��
Executi�e ASrector
C: Counciimember Jay Benanav, City of St. Paul
Shezzn Eagles, Chair of Land Use Committee
�
890 Cromwetl Avenue, Saint Paul, Minnesota 55114 �.+ 651 /649-5992 voice =r 651 /649-5993 fax
D`t�5�'8
Page 1 of 3
Patricia James -1441 Cleveland Avenue Rezoning
�Yom: "Eric Galatz" <ehgalatz@comcast.neU •
To: <patriciajames@ci.stpaui.mn.us>
Date: 3/9/2004 L•27 AM
Subject: 1441 Cleveland Avenue Rezoning
CC: <jane.prince@ci.stpaul.mn.us>, <attorneyatlaw@att.net>,
<joel.spoonheim@ci.stpaul.mn.us>, <bbneus@comcast.ttet>, "Lisa Tiegel"
<lrtiegel@comcast.net>, <colanriic@hortyelving.com>, <sherman.eagles@medtrottic.com>,
"Alain Baudry" <baudryQa pclink.com>, <allan.torsYenson@cistpaul.mn.us>,
<ella.thayer@ci.stpaul.mn.us>, <ay.benanau@ci.stpaul.mn.us>
Eric Galatz
1472 Raymond Avenue
St. Paul, MN 55108
Ms. Patricia James
St. Paul Plamiiug Commission
Departmenf of Planning & Economic Development
1400 City Hall Annex
25 W. Fourth Street
St. Paul, MN 55102-1634
Re: Rezoning of Cleveland and Buford
Dear Ms. James:
I received a copy of your March 8 email regarding "Cleveland and Buford Rezoning" and Mr. Shakin's
application for rezoning of his property to pexmit re-establishment of a sit-down restaurant in the
existing commercial building at 1441 Cleveland Avenue, on the southwest comer of Cleveland and
Buford. I am writing to state my continued objection to the rezoning, my suppozt for a nonconforming
use pemut that will permit Mr. Shahin to proceed with his restaurant, and my disagreement with your
concluszon that the nonconfornung use pernut is not available fo Mr. Shahin.
I oppose rezoning the properry to B-2 because B-2 zoning would create a right to develop a substantially
lazger new structure on the property. Spacifically, rezoning to B-2 would allow a three story structure
with zero setbacks and underground parking. This would allow a developer to replace what is now by
necessity a small, pedestrian-oriented neighborhood retail center with a building that is two or three
times larger and automobila oriented. This is too radical a change to make without fitrther study and
withouY a speci&c development proposat to consider.
This radical course of action is especially objectionable when Mr. Shahin himself reports that he is not
interested in anything other than opening a restaurant in the existing building. I continue to snpport a
nonconforming use pernut in lieu of the rezoning and I disagree with your conclusion that the
nonconforming use pernut is not available, for the reasons stated below.
1. Section 62.102 provides Uzat nonconforming uses in e�sting structures may be continued,
reestablished, changed, and expanded under circumstances that apply to 1441 Cleveland Avenue, as
described below.
�
u
file://C:�Documents% 3/9/2004
Page 2 of 3 C/
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2. Section 62.102 (b) provides that "[a] use will be presumed legally nonconfonuing if it can be
demonstrated by cleaz and convincing evidence that prior to October 25, 1975, the use was established,
converted, or enlarged and occupied pursuant to building permits issued by the City of Saint Paul ...."
An Italian restaurant lmown as Spallacci's (I am not posirive about the spelling) existed in the building
in 1980, when we moved into our home. I am certain it was a sit down restaurant with more than 12
seats, and I believe it served 3.2 beer. City records should disclose whether that or another restaurant
e�sted in October 25, 1975. If a restaurant existed in the building before October 25, 1975, then a
restaurant can be reestablished unless nonconfoiming use rights were lost under Section 62.102( fl.
3. Section 62.102 (� provides generally that nonconfomvng uses may continue. Section 62.102 ( fl
also establishes conditions on wbich nonconfonning uses may be expanded, changed or abandoned,
including the following:
(2) A nonconfornvng use may be changed to a use permitted in the district in which it is located
or to a new nonconforniing use if the new nonconfortning use is also listed in the same clause of
the code as the nonconforming use. A nonconforniing use may be changed to a use pernutted in
the district in which the nonconforming use is first ailowed, or a principie use permitted in a
district that is more restrictive than the district in which the nonconfornung use is first allowed,
provided the plumiug commission approves a permit for the change as set forth in clause (i)(3).
The existing district is RM-1, Multi-family residential, which allows only residential uses. The most
recent use of the space Mr. Shahin wants to use as a restaurant was as a self-service laundry, a use not
allowed in the RM-1 district. The least restrictive district in which a self-service laundry is pernutted is
OS-2. Under Section 62.102 ( fl(2), Mr. Shahin is pezmitted to establish any use that is permitted in the
� OS-2 or any more restrictive district. Under Section 60.522 (4), pemutted uses in the OS-2 district
include "Eating and liquor-licensed establislunents, except drive-in or fast-food restaurants."
4. The building at 1441 Cleveland Avenue has not lost its nonconformuig use rights under Section
62.102 ( fl(3), which provides "[w]hen a nonconforming use changes to a use pernutted in the district or
in a more restrictive district, the nonconforming use shall not thereafter be resumed." None of the
nonresidential uses in the building aze permitted in the zoning district. As stated above, the leasb
restrictive district in which a self-service laundry is permitted is OS-2.
5. Mr. Shahin can use any part of the existing building at 1441 Cleveland Avenue for a restaurant,
or any other use pemutted in the OS-2 or a more restricrive district, under Secrion 62.102 (fl (4), which
provides, "[a] nonconfomvng use may be extended throughout any parts of a shucture that were
manifestly arranged or designed for the use, but it shall not be extended to occupy any land or a larger
area of land outside the structure °
6. The city has authority to grant a nonconforming use permit under Secrion 62.102 ( fl(7), which
provides, "When a nonconforming use is discontinued or ceases to exist for a continuous period of three
hundred sixty-five (365) days, the building, or building and land in combinafion, shall thereafter be used
in conformance with the regulations of the district in which it is located, unless the planning commission
approves a pernut to reestablish the nonconforming use as set forth in clause (i)(5)."
7. If the city can make the findings required for rezoning, the city can make the findings required
to grant a nonconfornung use permit under Section 62.102 ( fl(i)(5), which provides:
� Reestablishment of nonconforming use. When a nonconforming use of a structure, or structure
and land in combination, is discontinued or ceases to exist for a continuous period of three
file://C:�Documents%20and%20SettingsUames�I.oca1%20Settings\Temp\GW}00004.HTM 3/9/2004
oy-5I�
Page 3 of 3
hundred sixty-five (365) days, the plauning commission may permit the reestablishtnent of a
nonconforming use if the comnussion makes the foilowing findings: •
a. The structure, or shvcture and land in combination, cannot reasonably or economically be
used for a confornung purpose;
b. The proposed use is eqnally appropriate or more appropriate to the district than the previous
nonconfornung use;
c. The proposed use will not be detrimental to the existing character of development in the
immediate neighborhood or endanger the public health, safety, ar general welfaze;
d. The proposed use is consistent with the comprehensive plan; and
e. A notarized petition of two-thirds of the property owners within otte hundred (100) feet of the
properry has been submitted stating their support for the use. The application for the pernut shall
include the petition, a site pian meeting the requirements of section 64.102, floor plans, and other
information as required to substantiate the permit.
I respectfully ask that yon reconsider your deternunation that a nonconforming use pemut is not
available to Mr. Shahin. I believe the neighborhood will be supportive of an application for a
nonconforming use pemlit. A nonconforming use permit would allow Mr. Shahin to proceed without
opening the door to the larger scale development that rezoning would permit on the site.
Very truly yours,
Eric H. Galatz
�
�
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Mary Erickson - Petition support �
From: "Anthony Tobias" <tobia004@umn.edu>
To: <Patricia.James@ci.stpaul.mn.us>
Date: 5/5/2004 11:02 AM
Subject: Petition support
Dear Patricia James:
I am writing this email to add my STRONG SUPPORT to the petition of the owner of Lori's Coffee House for a license to open
a restaurant adjacent to his current business. This area is in great need of additional restaurants that offer good qual"dy and
reasonably priced meals. in every respect, Lori's Coffee House has fulfiiled an important niche for the neighborhood and the
university community. In my opinion, the addition of a restaurant wiit be a much appreciated and long overdue enhancement
to the area.
Sincerely
Anthony H. Tobias, BVSc, PhD
Diplomate ACVIM (Cardiology)
Department of Veterinary Clinical Sciences
College of Veterinary Mediane
University of Minnesota
1365 GortnerAve
St Paul, MN 55108
Phone:(612)624-7428
Fax:(612)624-0751
E-mail: tobia004@umn.edu
file:/IC:�Documents%20and%20Settings�narye�Loca1%20Settings\Temp\GW}OOOOS.HTM 5)5/2004
� � ��
LAW OFFlCES
OF
DALE G, SWANSON
407 WEST BROAOWAY AVENUE
FOREST LAKE, MINNESOTA 55025
Apri129,2004
Zoning Office
City of St. Paul Planning and
Economic Development
1400 City Hall Annex
25 West 4"' Street
St. Paul, MN 55102
Re: Fi1e No.: 04-052-410
Dear Sir or Madam:
�s2
7ELEPHONE4646555
ARFA CODE 651
RF� vF0
MAy � 20 04
As trustee of the Swanson Family Trust, owner of 1440 Raymond Avenue, St. Paul, MN 55108, I
wish to express my opposition to the above-referenced proposed rezoning. I enciose a copy
of my previous submission detailing reasons.
Sincerely yours,
,f ���Jl.vfa.v..o�
Dale G. Swanson
Enclosure
6�k
Mazch 26, 2004
SENT BY FACSIMILE AND U.S. MAIL
St. Paul Planning Commission Zoning Committee
Planning and Economic Development
1400 City Ha11 Annex
25 West 4`" Street
St. Paul, MN 55102-1634
Re: Proposed Rezoning of 1435 Cleveland Avenue North
(St. Anthony Pazk)
File No.: 04-052-410
Dear Sir or Madam:
As Trustee of the Swanson Family Trust, owner of 1440 Raymond Avenue immediately across the
alley from the proposed rezoning, I would like to indicate our opposition to the proposed
rezoning. While we have no issue with the current tenant who indeed has gone to some
lengths to be a good neighbor, that has not been the history of the Owner/Applicant. Our
objectionprimarily azises from opening the floodgates for new, inconsistent and community-
threatening uses that would be permitted after rezoning.
I am awaze that the tenants in this matter have secured the names of a number of residents on a
petition hand canied through the community, and that the petition incorparated an
acknowledgment that the pertinent ordinance provisions had likewise been shared and
reviewed. No copy of ordinance provisions was shared when my mother and life tenant,
Dorothy Swanson, was invited to sign this petition, and it was a considerable time after I was
contacted and requested those provisions that a copy was supplied. While a resident
arguably waives the right to review ordinance provisions by their falsely acknowledging they
have seen and considered the same, I nevertheless believe it is important for city government
which likely incorporated this language in these petitions to be aware -that both the letter and
spirit of this requirement appear to have been evaded in this proceeding.
While now living in Forest Lake, I am imminently familiar with this location by not only growing
up across the alley, but by working in the grocery store and folding papers every morning
in the laundromat for my paper routes over 10 or 15 years. There have been several previous
restaurant uses in these facilities which always seemed appropriately run and neverpresented
�� "�J1�6
Mazch 26, 2004
Page 2
much of a nuisance for immediate neighbors or community. The parking situation in this
azea now renders it only infrequently possible for visiting family members to pazk nearby,
and while the tenant emphasizes walk-in customers, I submit any business success cannot
help but increase parking pressure without any contribution to relieving that pressure.
We accordingly support the recommendation of the District Council not to place St. Anthony Park
on the slippery slope of becoming another Dinkytown. If applicant should seek a zoning
amendment to create the desired use as a conditional or special use within the existing zone,
I would support that effort, but not an amendment to permit inconsistent and obnoxious uses
witnin a still traditional resicieniial neignbornood.
Sincerely yours,
t
Dal�
. S anson
� S 2 6� Page �
Mary Erickson - Fwd:
S- S-i�
From: Chad Burgess <burg0128@umn.edu>
To: <patricia.james@ci.stpaul.mn.us>
Date: 5/5/2004 10:40 AM
Subject: Fwd:
CC: <burg0128@umn.edu>
��y
To the honorable members of the board reviewing file number 04-052�10:
My name is Chad Burgess and I have been a customer of Lori's Coffee House
> for five years and have become very familiar with the clientele,
employees
> and owner of this business. It has come to my attention that Mahmoud has
> decided to expand his business and open a restaurent in this building
> opposite of where Loris now stands. I fully recommend to the city of St
> Paui, as a citizen, to allow this to happen.
> Lori's has become an institution in this neighborhood. Members of the
local
> community and the University of Minnesota community come to this little
> coffee house and you pay witness to a rarity in metropolitan area, two
very
> diFferent communities coming together in a business where e+reryone really
> does know your name. It is this reason aione I support the move to add
> another business in the building. It is believed by many city
> administrators that the strength of a city is dependent on the strength
of
> the communities that make up tfiat city. Mahmoud is a smart business man
> and his desire like ali business men is to reap a profit. I sometimes
> wonder if he truly sees the service he is giving to the community and how
> his new venture wi�l not only expand his profit margins, but this
community
> service. Lori's will always be here and continue to prosper and aid in
this
> community service. However if you go to Lori's for lunch on any given day
> you will find it is difficuR for them to serve the number of people
drawn
> to this place. I ask the members of the board to allow the extension of
> this small business and allow for Mohamoud to build his restaurant. Not
> only will you be expanding the sales tax base for the city, but by
allowing
> a few more chairs to gather together at this commun'ity table you will
build
> an even stronger neighborhood. Thank you for your time and consideration
in
> this matter.
>
>
> Sincerely,
> Chad Burgess
file://C:�Documents%20and%ZOSettings�narye�I.ocal%20Settings\Temp\GW}OOOOS.HTM 5/5/2004
V l / � I �
Page 2 of �
>
>
"When you realize the value of all life, you dwell less
on what is past and concentrate more on the preservation of the future."
-Dian Fossey
file://C:�Documents%20and%20Settings�marye�L,oca1%20SettingslTemp\GW}OOOOS.HTM 5/5/2004
o�-���
�G s2 Page 1 of �
Mary Erickson - Fwd: Letter 2 $ S.s
From: Car1a M Donovan-BUrgess <dono0078@umn.edu>
To: <patricia.james@ci.stpaul.mn.us>
Date; 5/5/2Q04 10:44 AM
Subject: Fwd: Letter 2
> > 5-5-04
»
»
>> To the honorable members of the board reviewing file number 04-052-410:
>> My name is Carla Donovan-BUrgess and I agree with the sentiments of my
husband as follows.
>> My name is Chad Burgess and I have been a customer of Lori's Coffee
> House
>>> for five years and have become very familiar with the clientele,
> > employees
>>> and owner of this business. It has come to my attention that Mahmoud
> has
>>> decided to expand his business and open a restaurant in this building
>>> opposite of where Loris now stands. I fully recommend to the city of
> St.
>>> Paul, as a citizen, to aliow this to happen.
» >
>>> Lori's has become an institution in this neighborhood. Members of the
> > local
>>> community and the University of Minnesota community come to this
litde
>>> coffee house and you pay witness to a rarity in metropolitan area,
two
» very
>>> different communities coming together in a business where everyone
> really
>>> does know your name. It is this reason alone I support the move to
add
>>> another business in the building. It is believed by many city
>>> administrators that the strength of a city is dependent on the
strength
» of
>>> the communities that make up that city. Mahmoud is a smart business
man
>>> and his desire like all business men is to reap a profit. I sometimes
>>> wonder if he truly sees the service he is giving to the community and
> how
>>> his new venture will not only expand his profit margins, but this
> > community
>>> service. Lori's will always be here and continue to prosper and aid
in
> > this
>>> community service. However if you go to Lori's for lunch on any given
> day
>>> you will find it is difficult for them to serve the number of people
> > drawn
file://C:�Documents%20and%20Settings�narye�I,oca1%20Settings\Temp\GW}OOOOS.HTM 5/5/2004
�� -5�$
Page 2 of �
>>> to this place. I ask the members of the board to allow the extension
of
>>> this smail business and allow for Mohamoud to build his restaurant.
> Not
>>> only will you be e�anding the sales tax base fnr the city, but by
> > allowing
>>> a few more chairs to gather together at this community table you will
> > build
>>> an even stronger neighborhood. Thank you for your time and
> consideration
» in
> > > tfiis matter.
» >
» >
> > > Sincerely,
> > > Chad Burgess
» >
» >
>>
>>"When you realize the value of all life, you dwell less
>> on what is past and concentrate more on the preservation of the
future."
> > -Dian Fossey
>>
>>
>"When you realize the value of ail life, you dwell less
> on what is past and concentrate more on the preservation of the future."
> -Dian Fossey
>
file://C:\Documents%20and%20Settings�narye�L.oca1%20Settings\Temp\GW}OOOOS.HTM 5/5/2004
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