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89-1417 ITE - CITV CLERK ' `- NK - FINANCE G I TY O A I NT PAU L Council ,ANp?RV - QFy�ARTMENT - BLUE - MAVOR File NO. A � City Attny/TJW Counc l esol�ition Presented By Re rred To Committee: Date Out of Committee By Date RESOLVED, that the Ref se Hauler, `Solici �Iaste T�ansfer Station, Private Fuel Pump and all o he licenses held by Poor P.ichards Inc . , at 400 Whitall in Sai t aul (1) are hereby suspended for an indefinite period, comme c' g on the Sunday following publication of this Resolut o , and (2) conditioned upon termin- ation of the suspension at u time when there has been compliance with all the con' i ions stated in the John Hardwick memo dated July 25, 1989 , a c py of which is attached hereto and made part of this resol t'on. The licensee, upon satisfying such conditions shall reque t reinstatement of the license by a filing with the License Di is on, who shall conduct an investi- gation and make a recommen t on on the request for reinstatement to the City Council . This Resolution is ba ed on the record of the proceedings before the Administrative aw Judge, including the hearing on June 1 and 2, 1989 , the do nts and exhibits introduced therein, and the comments made by t e arties before the City Council at the public hearing on Augu t , 1989 , and the deliberations of the Council in open sessio . It is specifically fo n that the licensee has failed to prove a right to non-conforming s status of the five parcels of land involved in this dispute , a ing been identified as Parcels A, B, C, D & E in this matter, a d it is further a specific finding that the licensee has engaged i u es of the five parcels which violate the zoning code of the Ci f St . Paul . FURTHER RESOLVED, th t he Report of the ALJ dated July 17 , 1989, (a copy of which is at ached hereto) with its Findings of � Fact, Conclusions of Law, Re ommendations and Memorandum is expressly ratified and adopted as t e ritten findings and conclusions of the COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In av r Goswitz Rettman B Scheibel _ A g 1 n S Y Sonnen Wilson Form Approved by City ttorney Adopted by Council: Date Certified Passed by Council Secretary BY �, � F�- �3 by �Vlavor: Date _ Approved by Mayor for Submission to Council _ BY WMI7E - C�TV CLERK �, PINK - FINANCE G I TY OF .S I NT PAUL Council /� CANARY - D.�PARTMENT y/ r BLUE, - MAVOR File NO• • ��i� Counci esolution ` Presented By Ref rred To Committee: Date Out of Committee By Date -2- Council except as amended by t e ritten Exceptions to the Findings , Conclusions and Recommendation ted July 26, 1989, submitted by Thomas J. Weyandt, Assistant C t Attorney, a copy of which is attached hereto and made of th s esolution. In addition, the Stipulation signed by Mr . John E . Daubney, attorney for the licensee and Mr. Thomas J . Weyandt, Ass st nt City Attorney is accepted as part of the record and as amen me ts to the report of the ALJ in this matter, a copy of which i a tached and made part of this Resolution. A copy of this Resolution ' a adopted, shall be sent by first class mail to the Administrati e aw Judge, and to counsel for the licenseholder. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond � .?��- In Favor Goswitz Rettman s�he;be� � _ Against BY Sonnen Wilson �� — 8 1�09 Form Approved by Cit Attorney Adopted by Council: Date Certified Yass d Council . ta BY ��I� gy. A►pproved b r: Date ' g 9 Approved by Mayor for Submission to Council By BY . si�i6��'��O/ . .'.�..�, r".' l�i/ (.�% // ' I , ! 34 i��U�"� CITY OF SAINT PAUL e�*r o�� - ;; � '��, � OFFICE OF THE CITY ATTORNEY yy v 1111'11 I IIIiI �r ��. - = EDWARD P. STARR, CITY ATTORNEY ,��'''�n�„�R:,��.�''�� 647 City Hall, Saint Paul,Minnesota 55102 672-298-5121 GEORGE IATIMER MAYOR July 26 , 1989 Albert B. Olson City Clerk Re: Poor Richard' s Inc . Council Agenda, August 1 1989 Dear Mr. Olson: Enclosed are an original an even�copies of the Exceptions to the Findings and Conclus"o s of the Administrative Law Judge dated July 17, 1989. Also 1 ase find enclosed an original and seven copies of a stipulati n arrived at between the City and Poor Richard' s Inc. agreein modify the report of the ALJ. Please distribute these in h same manner as you have distributed • the report of the ALJ in th s ase. I am at the same time for- warding a copy of this doc e to the attorney for the licensee. 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On August 1, 1989, the City Counc'1 'll hold a license revocation hearing regarding Poor Richards� Inc. I av been asked to provide a detailed list of corrective actions needed in o de for Poor Richards' to comply with city zoning and building codes. Enclo ed is a copy of the map used during the Administrative Law Judge hearing, in icating various properties labeled "A" thru "E". Following is a list of co rective actions for each parcel: Parcel "A" 1) The gravel placed on the ex er or property area must be removed and the yard reseeded or resodded. 2) The "Poor Richards': sign mu t e removed from the garage. 3) All commercial vehicles and e ipment must be removed from the garage and exterior property area . In order to establish a co e cial or industrial use on this parcel, the following is required: l. The property must be re on d to an I-1, industrial zoning district. 2. A variance must be obta'ne from the Board of Zoning Appeals modifying the required setback f in esidentially zoned property. 3. Site plan review and a pr al must be obtained. " 4. Permits must be obtain d or all grading and paving. Parcel ."B" . 1) Al1 commercial vehicles d quipment must be removed from this property. 2) Graveled areas must be r so ded or reseeded to grass. In order to establish a o ercial or industrial use on this parcel, the following is required: l. The property must be ez ned to an I-1, industrial zoning district. 2. A variance must be o ta' ed from the Board of Zoning Appeals modifying the required setback fr residentially zoned property. 3. Site plan review and ap roval must be obtained. 4. Permits must be obta ne for all grading and paving. � -. - --� .- �,�� July 25, 1989 Page 2 Parcel "C" 1) Parking of vehicles must be disc' nt'nued; this includes personal vehicles. 2) Barb wire fence must be removed.' 3) Black top ramp over the curb mus b removed. 4) The property must be reseeded or re odded over all the graveled areas. If Poor Richards` Inc. wishes to us parcel "C" for parking, the following steps are required: 1. The property must be rezoned o -1 or P-1 zoning. 2. Site plan review and approval mu t be obtained. 3. The necessary city permits mu t e obtained for grading, paving, -. landscaping, etc. Parcel "D" 1) All commercial vehicles and equi me t must be removed. 2) The property must be reseeded or re odded over all graveled areas. 3) This property must be restored t i s original grade prior to the dumping of fill. 4) Any fill material within the pub ic right of way must be removed. In order to use the southerly po ti n of this parcel for exterior storage, the following is required. l. A variance of the required se ba k from adjacent residentially zoned land must be obtained. 2. Site plan review and approval mu t be obtained. 3. Required dumping and grading er its must be obtained. 4. Access to the parcel must be ro ided without crossing residentially zoned land. Parcel "E" 1) All commercial vehicles and equi me t must be removed. � 2) The property must be reseeded or re odded over all graveled areas. In order to establish a commerci 1 r industrial use on this parcel, the following is required: 1. The property must be rezoned o n I-1, industrial zoning district. 2. A variance must be obtained f om the Board of Zoning Appeals modifying the required setback from res de tially zoned property. 3. Site plan review and approval mu t be obtained. 4. Permits must be obtained for 11 grading and paving. � � a �� i�/i 7 � �' � , ; July 25, 1989 Page 3 Should you have any questions regard'ng these matters or require further details, you may contact me at 298 42 . /krz � enc. cc. Poor Richards' Inc. Council President Scheibel Councilmembers Kathy Stack Jan Gasterland Joseph Carchedi _ , . _ - �;c�-i�i� � 61-2101-2774-3 St.��aul STAT MINNESOTA ��,�f� OFFICE OF A I ISTRATIVE HEARINGS � � �(/ �" FOR THE CI Y OF ST. PAVL ;-�. � 1 `� 1989 h�,,�� ;� +,..�„�r�;;� In the Matter of the Revocat on ) ' e�� of the Licenses Field by Poor ) FINDINGS OF FACT, Richard' s, Inc. as a Trash ) CONCLUSIONS AND Hauler in the City of St. Pa 1 ) RECOMMENDATIONS ) The above-entitled at er came on for hearing before Administrative Law Judge Val iggins on June 1 and 2, 1989, at the Public Library of the Cit �o St. Paul. The record on this matter closed on June 19, 198 , he -date of receipt of the last post-hearing memorandum. Thomas J. Weyandt, A s' stant City Attorney for the City of St. Paul, 647 City Hall, St ul, Minnesota 55102, appeared on behalf of the City of St. P ul (hereinafter "City'-! ) . John E. Daubney, Attorney at Law, 700 an mark Towers, 345 Sf°:� Peter St. , St. Paul, Minnesota 55102, app ar d on behalf of Poor Richard ' s, Inc. ( "PRI" ) . NOTICE IS HEREBY GIVE hat the final decision in this case shall be made by the City. arties adversely affected by this report should contact Mr. 1 lson, City Clerk, City of St. Paul, Third Floor, City Hal , t. Paul, Minnesota 55102, for information as to the filing of ex eptions and the presentation of argument. TATEMEN 0 ISSUES Th2 ruL�-,o�e oi this pr c eaing is to determine whether the license of PRI, as a license rash hauler for the City of St. Paul, should be revoked for e ated violations of the St. Paul Legislative Code. REAL ESTAT NVOLVED Five individual parcels o land, each containing one or more lots, are involved in this p o eeding. For ease of identification theie was presente t the hearing a map setting forth said properties and identif i them as Parcels A, H, C, D, and E. They are so identified on th City' s Exhibit C. Parcel A is more specif ca ly identified as Lots 4 and � "' 5 of Block 8 of Rice's First Addi io to the City of St. Paul. Parcel B contains Lots 12, 13, 14 n 15 of Block 9 of said -1- , ��=i�'� . Rice's Addition and Parcel C "s more properly identified as Lots 2, 3 and 4 of Block 6 of R ce's First Addition. Parcel D is Lots 2, 3, 6, 7 and 10 of Blo k 4 of Stinson's Addition to St. Paul . Parcel E is proper y identified as Lot 4 of Block 5 of Stinson's Addition. FIND N S OF FACT 1. PRI has been a lice se trash hauler in the City of St. Paul for over 30 years. It main facility is located at 400 Whitall (identified as White al on certain exhibits) in the City of St. Paul. 2. On October 24, 1975 t e current Zoning Ordinance of the City became effective. Exhi it C sets forth both the pre- October 24 and post-October 4, 1975 classifications of the parcels here involved. Prio o the effective date. of . October 24, 1975, all of the p rcels involved were classified as either "light industrial" (P r els A, H, E and a portion of D) , "commercial" (Parcel C) , or 'h avy industrial" (Lots 7 and 10 of Parcel D) . ' 3. The new ordinance s gnates Parcels A, B, C, E and Lots 2 and 3 of Parcel D as "m ltiple family residential. " 4. By document dated ay 2, 1989, the City sent PRI a � "Notice of Hearing° wherein PR was notified that a hearing would be held under Chapter 310 o t e St. Paul Legislative Code concerning certain alleged io ations of said Code and advising PRI that adverse action, in lu ing revocation, suspension and fines, could be taken again t RI for violations of the Code. 5. The Notice of May , 989, sets forth six specific counts of alleged violation , hey being: a. Nonconforming u e of Parcels D, B and E. b. Establishment o a parking lot on Parcel C in violation of the Code. c. A new use or x anded use on Lots 6, 7 and 10 of Parcel D without a prior site plan review as is required by the Code when the property abu s esidential property. d. The operatio ' o an unlicensed refuse truck within the City on November 1, 19 8. e. The placemen ' o a dumpster on a public boulevard without the required permi t do so on November 14, 1988. f. Violation of t terms of a prior settlement agreement concerning these s e parcels of property. -2- . ��/�-i�/i� ' : - . 6. At the hearing he eo PRI admitted the establishment of a parking lot on Parcel C. S id parking lot still exists, but is used only by the family ow in PRI. No site plan approval was ever obtained for said use ho ever. 7. PRI admitted, at he hearing, the alleged operation of an unlicensed truck on Nove b r 10, 1988. 8. PRI admitted, at t e hearing, the unauthorized placing of a dumpster on a public b u evard on November 14, 1988. 9. At the hearing, th ity dropped the charge alleged above as "f" and set forth s VI in Exhibit A. 10. In Exhibit A, the o ly alleged aiolation pertaining to Parcel A is contained in al e ation VI, which has now been dropped. 11. PRI claims that i s resent use of the various properties, except Parcel C i a proper nonconforming use based upon "grandfather" rights o es prior and subsequent to the effective date of the prese t oning ordinance. � Based upon the fo eg ing Findings of Fact, the Administrative Law Judge ma 'es the following: � ON LUSIONS 1. The City of St. Pa 1 as jurisdiction over the subject matter of this hearing and s roper notice of the hearing was timely given and all releva t ubstantive and procedural requirements of law or regu at on have been fulfilled, this matter is properly before t 'e dministrative Law Judge. 2. PRI did operate an n icensed truck on the streets of the City on November 10, 198 . 3. PRI did place a du s er on a public boulevard on November 14, 1988. 4. PRI did establish a' p rking lot on Parcel C in violation of the appropriate zoning or i ances of the City. 5. The use of Parcel A i now in compliance with the current ordinance. Althouqi� P rcel A is no longer involved in the specific charges against P I, that charge being dropped, considerable testimony was a d ced as to this parcel prior to the dropping of said charge. 6. The use of Parcel B f the storage of dumpsters is improper and no right to a n nc nforming use was established by PRI. 3- . . . C,��'-��1.� � 7. While Lots 2 and 3 o Parcel D are now vacant, their use as ingress and egress to Lo s 6, 7 and 10 of Parcel D is improper. Lots 6, 7 and l0 o Parcel D have been improperly filled, said fill being don ' thout a site plan approval. 8. The use of Parcel t store containers (or dumpsters) is an improper use of the p rc 1. PRI failed to establish "grandfather" rights for su h se. Based upon the fo eg ing conclusions, the Administrative Law Judge ma es the following: RE O ENDATION That the City sus en the license(s) of PRI for an indefinite period of time, t that said suspension i� to be lifted upon PRI taking the f 1 owing action: a. The removal of a 1 remaining containers or dumpsters, if any, from Parc l A, B, E and Lots 2 and 3 of Parcel D. b. An immediate f' 1' ng, with the City, of an application(s) to resolve th resent improper use of Parcel C as a parking lot and to obtain h necessary permits, zone changes, or whatever is necessary to r ' ng the use of Parcel C into compliance. c. That an immedi t site plan review application be filed with the City seeking p roval of its present use of Lots 6, 7 and 10 of Parcel D an for such other approval as is required for its unilateral, un pproved, filling of said Lots 6, 7 and 10. - d. That PRI cease th use of Lots 2 and 3 of Parcel D to gain ingress and egress t L ts 6, 7 and 10 at such time as compliance is perfected as t " " above. Dated t:�is 17th d y f July, 1589 . s/Val M. Hiqqins Val M. Higgins, Administrative Law Judge 4- . . � C�"�i'-i�� 0 ICE The City is require serve its final decision upon each party and the Administra i e Law Judge by first class mail. Tape recorded. M MO NDUM This proceeding is a ed almost entirely upon the alleged improper nonconformi g se by PRI of the five parcels of land here involved. The vio at ons of PRI pertaining to an unlicensed vehicle and the p ac ng of a dumpster in an improper location are very minor in n tu e and did not enter into the decision herein. The City alleges i pr per nonconforming use as to all five parcels. PRI claims "g a father" rights as to nonconforming use as to all a cels, except Parcel C. The evidence as to t e use of the various parcels, both prior to the new zoning ordi a ce and subsequent thereto, is in conflict. PRI claims that P r els B and D were utilized by prior owners, sewer contractors, f r the storage of sewer pipe. It - _ claims Parcel E, which was a q ired in the late 1960 's, was used to store semi-trailers prior t PRI owning the property. It is • now used to store container . A number of resid 'nt of the area surrounding the considered parcels gave tes im ny as to use of the parcels prior and subsequent to the curre t oning ordinance. One such witness, Christene Rodrigue , oved into the area in April of 1976. At that time Parcels B, C, D and E were all vacant. Another, Rita Adams, notice change in use of Parcel D within the past three years, said h nge being the storage of dumpsters for the first time. She al o testified that only after 1980 was Parcel B used to store dump t rs. Both parcels were vacant prior to them being used to store d mpsters. Francis Leo, Jr. , t stified that Parcel D was a vacant lot in 1974 and that the buil ing up (filling) of that parcel started three to four year a o. Patrick Ferrin gave testimony along these same lines. H m ved to the area in 1977 and at that time Parcel D was a vacant lo . Parcel E was also vacant in 1977. Richard Bodsberg is an employee of PRI. He testified that there has been a cont nu us use of Parcels A, B and D since 1975 for the storage of eq i ent by sewer contractors or by PRI for the storage of dumpste s. William Buller gave like testimony, but has no know e e as to gaps in such use. The preponderanc f the evidence as to parcel use leads to the conclusion th t PRI has not sustained its burden of -5- . � . � ��7 ' proving prior and continue i dustrial or commercial use of these parcels since 1975. The m st telling evidence as to past use are the City' s Exhibits D, E, , , I and J, aerial photos of the involved parcels dating fr m 973 through April 18, 1985. As stated elsewh re herein, Parcel A is not now involved. It is, however , no in compliance. Parcel B shows a v cant land on April 4, 1973 (Exhibit D) , October 25, 1 74 (Exhibit E) , and on April 4, 1976 (Exhibit F) . The photo ta en April 8, 1977 (Exhibit H) shows the storage of dumpsters on Pa ce B for the first time. Dumpsters are also shown on photos t ke April 27, 1982 (Exhibit I) and April 18, 1985 (Exhibit J) The use of Parce C is also no longer in controversy. PRI admits an improper use Parcel D shows a v cant land in 1973, 1974, 1976, . 1977, and 1982. _ Parcel E shows a v cant land in 1973, 1974 and 1977. Dumpsters appear on the 19 2 hoto (Exhibit I) for the first time and clearly show on the 19 5 hoto (Exhibit J) . PRI points out t at most of the photos were taken in the month of April and all ge that this is a month where most of the dumpsters would be in se at other locations and would not, therefore, show on aerial ho os. If this were true, how can it be explained that dumpster c early show on some April photos, but not others? It should here b p inted out that to establish a proper nonconforming use, r 'grandfather" right, PRI has the burden of not only showing sa 'd use prior and subsequent to the enactment of the current z ni g ordinance, but must show an uninterrupted use as set f rt in the St. Paul Zoning Code Sec. 62.102(c) ( 3) . . . "I s ch nonconforming use of land ceases for any re3son for a perio o ninety (90) days or more, any subsequent use of such lan s all conform to the regulations specified by this code for th district in which such land is located. " It may well be t at some of the parcels herein were, on occasion, used to store se er pipe both prior and subsequent to the new zoning requirement an then subsequently used by PRI to store dumpsters. The aeri 1 hotos, however, clearly lead to the conclusion that there has e no uninterrupted use. In conclusion, Parcel A is no i compliance. Parcel C, the parking lot, is not in compliance, b is not used for the storage of dumpsters, nor is it used or public or employee parking. -6- � C��i- i�� Parcels B and E ar p esently used to store dumpsters, which is an improper use of he parcels, no "grandfather" rights being established. The front two lots (L ts 2 and 3) of Parcel D are no longer used to store dumpste s, but are improperly being used for ingress and egress to Lots 6 7 and 10 of said parcel. Lots 6, 7 and 10 are now in an area de i ated as "industrial" and, as such, can and are being util z to store dumpsters. However, these lots have been drastic 1 altered by the dumping of fill on them without proper permi s eing applied for, or issued. PRI has shown a ge e al disregard for the ordinances of the City of St. Paul. Many c ions have been taken by PRI which require prior approval by th' ity, but no approval was applied for. The recommended su p nsion of the PRI permit(s) seems reasonable. A full revocati n of the PRI permit(s) would have � far reaching complications. T e public, by being deprived of the PRI service, would suffer. n obvious long range shortage of dumpster service would resul . On the other hand, a suspension of the PRI permit(s) under the conditions recomm nd d herein places PRI in a position of dictating the length of he suspension. Immediate action by • PRI will result in a short us ension period. Delay by PRI lengthens the suspension. PRI is represente b an attorney who obviously has great expertise in this fie d f law. By utilizing his services the suspension period will e hort, the public will be inconvenienced a minimum am un and the City will have achieved its goal of compliance. VMH -7- � - . --� - �;��- i�� STATE OF MI NESOTA OFFICE OF ADMIN S ATIVE HEARINGS FOR THE CIT F ST. PAUL OAH NO. 61 2 O1-2774-3 In the Matter of the Revocat'on CITY ZONING DIVISION of the Licenses Held by Poor EXCEPTIONS TO THE Richard' s Inc . as a Trash Ha le FINDINGS , CONCLUSIONS, in the City of St. Paul AND RECOMMENDATIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - The City of St. Paul , a t'ng through counsel for its Zoning Division, files the followin xceptions pursuant to Minn. Stat. 14.61 , to the Report of the Ad inistrative Law Judge (hereinafter ALJ) in the above matter, w ic was dated July 17, 1989, and filed with the City Clerk thereaf er. BA K OUND On May 2, 1989 the lic n ee was notified that a hearing would be held on June 1 , 1989 on a ious charges relating to the operation by Poor Richard' s Inc. (he ei after PRI) of a trash hauling business in the vicinity of 400 Whi al , St. Paul . The violations had to do with five parcels of land n he area of 400 Whitall that were being used in violation of the S . Paul zoning code, as well as the use of an unlicensed truck and t e placement of a dumpster on public land without a permit. The major contention b tween the parties deal with land use issues , and the thrust of th se exceptions deal with those issues. Basically, it was the con e ion of PRI that uses of the parcels prior to the effective da e of the present zoning code created a legal non-conforming use , a lowing PRI to use the parcels today in ways that do not comply it the zoning code. _� � C��,`��7 It was the contention f he City that no legal non-conforming uses existed, or if such us s id exist the current use by PRI in- volved a substantial increa e 'n use beyond that in effect in October, 1975. The ALJ found in subst n e that PRI had failed to establish pre-existing non-conforming u e. The ALJ recommended an indefinite suspension of the licenses e d by PRI , with the licenses reinstated upon PRI taking action as s e ified in four sub-sections of the report. The ALJ would allo he reinstatement of the license upon filing of requests for rez i g. � The City does not agr e ith that recommendation. These ex- ceptions are presented in rd r to (1 ) require full compliance with ' the zoning code by PRI pri r o the return of the licenses , and (2) to present amendments o he recommendation of the ALJ. The recommendation of th ALJ infers that the licensee desires to continue to use Lots A„B, C , D, and E in a manner similar to 'the current use. The Council ho ld be on record specifying exactly what steps would be requir d or each parcel before the licensee is allowed to be reinstated. T e exceptions accomplish that goal . The exceptions as pre e ted do not require any alteration to the Findings of Fact or Co c usions of Law made by the ALJ and stipulated to by Counsel . T ere are sufficient facts in the record to support the Recommendat ' o contained within these exceptions , and the Council should adopt t e :altered Recommendations as the proper sanction in this case. EXCEPTION T RECOMMENDATION That the City of St . Pa 1 suspend the licenses of PRI for an - indefinite period of time , b t that said suspension is to be lifted upon PRI taking the follo in action: 2- � . . . - ��-��'� a. The removal of all e aining containers or dumpsters , if any, from Parcels A, B, E, �d-�e�s-�-a�d-�-e€ and Parcel D. b.---Ar3-}Faxae�}a�e-��}�g, - }�k-�l�e-5��,--e�-ar�-agg�}ea��e�f s-} �e-�ese��e-�i�e-p�ese��-}r�g� e -�se-e€-Fa�ee�-S-as-a-pa��g-�e� a��-�e-eb�a}�-�l�e-�eeessa�}� ge r�}�s,--�e�e-e�a�ges ,--e�-w�ia�e�e�-�s �eeessa��-�e-b�}�g-�t�e-t�se- �- a�ee�-S-��e-eex��a�ee.- b. Discontinue all us o Parcel C , remove barb wire from any fencin present , and re t e the curb and sidewalk to original condition. e .---��a�-a�-}r�r�e��a�e- � e-p�a�-�e�}e�a-a�g�}ea��e�-�e-��e� w}��i-�l�e-S��-see�}�g-agp�e a -e€-��s-p�ese��-t�se-e�-�e�s-6;-� ,--a�� 9-e€-Fa�ee�-B-a�d-�e�-st�e -e l�e�-a�p�e�a�-as-�s-�eq��ed-€e�-��s ��a�e�a� ,--��agg�e�aed;-�} �} �-e�-sa}d-be�s-6 ,--�,--a�d-�9.- c . Refrain from any se of Parcels A, B, C , D, and E that violates the zoning code. �.---��a�-PR�-eease-�1� - se-e�-�e�s-�-a��-�-e€-Pa�ee�-B-�e ga��-��g�ess-a�d-eg�ess-�e b �s-6 ,-=� ,--a��-�A-a�-s�e�i-�}�e-as eer�g��a�ee-�s-ge��ee�ed-as � -��e��-a�e�e.- d. Within thirty ( 3 d ys) of the effective date of the resolution of the City Co nc 1 the licensee shall either: l . Make complete ap li ation for all necessary rezonings , variances , fill permits , it plan reviews and building permits as further identified in the a ached Exhibit l , and until such applications are acted up n ith finality and favorably to the licenseholder, refrain fr m any use in violation of zonin code in accordance with "c" above . 2. Discontinue all s s that violate the Zoning Code , and restore all lands to ori in 1 condition by removal of all fill and reseedin or resodding t e and. e . That all future li enses issued to PRI , as well as any future licensees wishing t use the facilities at or near 400 Whitall , be conditioned upon comp e e compliance with the Zoning Code of the City of St. Paul . Dated this 26th day o July, 1989 y THOMAS J . W AND Assistant ty Attorney 647 City Hall St. Paul , Mn 55102 (612) 298-5121 Attorney Registeration No. 116336 -3- . --. C%��'_ �1�� ^ � STATE OF MINNESOTA OFFICE OF RDMINISTRATIVE HEAR N S In the Matter of the Revocat'on of the Licenses Held by Poor _ Richard' s , Inc . , as a Trash au er STIPULATION in the City of Saint Paul IT IS HEREBY AGREED TO AND S I ULATED BY THE PARTIES THAT THE FINDINGS OF FACT, CONCLUSIO S ND RECOMMENDATIONS OF ADMINISTRATIVE LAW JUDGE VAL HIGGINS IN TH S ATTER ARE AMENDED TO READ AS FOLLOWS: FIND NG OF FACT . 5. a. Non-conforming use o P rcels D, B, A, and E. 10. In Exhibit A, the only a leged violation pertaining to Parcel A is contained "n allegation VI;-wl��ek-l�as-�ew-beer� d�epge�. CO CL SIONS 5. The use of Parcel A is no in compliance with the current ordinance. The use of Pa cel A for the storage of dumpsters is improper and no ri t o a non-conforming use was established by PRI . A��l�et�g�-Pa�e � -�s-�e-�e�ge�-��ve��ed-}r�-��ie-s�ee��}e �l�a�ges-aQa��s�-FR� ,--� a -et�a�ge-�e��g-d�e�ge�. considerable testimony was adduced s to this parcel g�}e�-�e-��ie-d�egg}�g-e� sa}�-eY�a�ge.- • 7 . While Lots 2 and 3 of a cel D are now vacant, their use as ingress and egress to Lo s 6 , 7 , and 10 of Parcel D is improper. Lots 6 , 7 , and 10 of ar el D have been improperly filled, said fill being done witho t site plan approval . PRI failed to establish grandfather ri hts for such use. Dated: -c.,� o�/ � � Signed � J n . aubney "� - ��9 tto ney For Licensee Thomas J . eya 0o Richard' s Inc. Attorney or City of St. Paul WMITE - CITV CLERK �INK. - FINANCE COUIIC11 �/a %f CANARV-�s. DEPARTMENT G I TY OF S NT PAUL File NO. n /�/��/ �LVE - MprOA City Attny/TJW • • � Council solution _ _____ Presented By Re rred To Committee: Date Out of Committee By Date RESOLVED, that the Refuse H uler, �5olid �Jaste��T�ansfer Station, Private Fuel Pump and all oth icenses held by Poor Richards Inc . , at 400 Whitall in Saint a 1 (1) are hereby suspended for an indefinite period, commenc'ng on the Sunday following publication of this Resolutio , nd (2) conditioned upon termin- ation of the suspension at su h ime when there has been compliance with all the condi i s stated in the John Hardwick memo dated July 25, 1989, a c p of which is attached hereto and made part of this resolut'o . The licensee, upon satisfying such conditions shall reques r instatement of the license by a filing with the License Divi io , who shall conduct an investi- gation and make a reconunenda io on the request for reinstatement to the City Council . This Resolution is base the record of the proceedings before the Administrative La udge, including the hearing on June 1 and 2, 1989, the doc e ts and exhibits introduced therein, and the comments made by th p rties before the City Council at the public hearing on Augus 1 1989, and the deliberations of the Council in open session : It is specifically fo d that the licensee has failed to prove a right to non-conforming u e status of the five parcels of land involved in this dispute, h v ng been identified as Parcels A, B, C, D & E in this matter, a t is further a specific finding that the licensee has engaged in us s of the five parcels which violate the zoning code of the Cit o St. Paul . FURTHER RESOLVED, tha e Report of the ALJ dated July 17 , 1989 , (a copy of which is t ached hereto) with its Findings of • Fact , Conclusions of Law, e ommendations and Memorandum is expressly ratified and adopted as th ritten findings and conclusions of the COUNCIL MEMBERS Requested by Department of: Yeas � Nays Dimond Long in av r Goswitz Rettman B Scheibel A g i n s Y Sonnen Wilson Form Approved by City ttorney Adopted by Council: Date , Certified Passed by Council Secretary By � ^ By A►pproved by �Navor: Date Approved by Mayor for Submission to Council By By WNITE - C�TV CLERK PINK - FINANGE � COU�IC11 �jp � BLUERV -'MAVORTMENT C I TY OF S NT PAITL File NO. D �' f�� Counci solution Presented By Ref rred To Committee: Date � Out of Committee By Date -2- Council except as amended by t e ritten Exceptions to the Findings , Conclusions and Recommendation ated July 26, 1989, submitted by Thomas J. Weyandt, Assistant C' t Attorney, a copy of which is attached hereto and made of t is Resolution. In addition, the Stipulation signed by Mr . Joh E Daubney, attorney for the licensee and Mr. Thomas J. Weyandt, As is ant City Attorney is accepted as part of the record and as ame d nts to the report of the ALJ in this matter, a copy of which s ttached and made part of this Resolution. A copy of this Resolutio , as adopted, shall be sent by first class mail to the Administra iv Law Judge, and to counsel for the licenseholder. COUNCIL MEMBERS Requested by Department oE: Yeas Nays Dimond � _.?�- In vo Goswitz Rettman scnea�� Aga nst BY Sonnen Wilson ! yUG � 8 Q Form Approved by Cit Attorney Adopted by Council: Date Certified Pass d Council , ta By �—� gy. Approved b r: Date 8 9 Approved by Mayor foc Submission to Council gy BY • i�i�� !� �7 sw'�'° CITY OF SAINT PAUL r�e4 L�T. 0�+�@� � � OFFICE OF 7HE CITY ATTORNEY yo ��i ?�r 1111'111 II i' ;• _� � I ,;� EDWARD P. STARR, CITY ATTORNEY , "''<<„i„��^,�m��''� 647 City Hall, Saint Paul,Minnesota 55�02 612-298-5121 GEORGE LATIMER MAYOR RECEIVED August 10, 1989 p�G 1119�9 Poor Richard' s Inc . C��'Y CLE��'� 400 Whitall St. Paul , MN. 55101 Attention: Alice Wybierala Lawrence Wybieral William Butler � Richard Wybierala Dear Lady & Gentlemen: Enclosed you will find the r s ution and attachments passed by the St. Paul City Council on A gust 8 , 1989 . Effective 12 : 01 a.m. , Sunday, August 20, 1989, yo icenses issued by the City of St . Paul are suspended, and you u t cease operation. Further, all licenses to operate should e eturned to the license division, Room 209, City Hall . Conti ue operation ot any refuse collection, transfer, storage, transpor , treatment, handling, salvaging , utilizing, shredding, compo t'ng, incineration, mill , bale or dispose of in any way, will b a violation of Chapter 357 of the St. Paul Legislative Code. �ontinued operation of the b iness , prior to reinstatement of the license, will subject you o civil and/or criminal penalties . Sincerely, THOMAS J. WEYANDT Assistant City Attorney Enc . cc: John Daubney A1 Olson Joseph F. Carchedi WMITE - CITV CIERK PINK - FINANCE CO�II�CII ��_��jrf CANARY - OEPARTMENT GITY OF INT PAUL '� BLUE - MAYOR File NO. � - City Attny/TJW • • � Council esolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Refus H uler, -Solid `Waste�Transfer Station, Private Fuel Pump and all oth r icenses held by Poor Richards Inc . , at 400 Whitall in Saint Pa 1 (1) are hereby suspended for an indefinite period, commenc'ng on the Sunday following publication of this Resolutio , nd (2) conditioned upon termin- ation of the suspension at su h ime when there has been compliance with all the condi io s stated in the John Hardwick memo dated July 25, 1989 , a c py of which is attached hereto and made part of this resolut on. The licensee, upon satisfying such conditions shall request re'nstatement of the license by a filing with the License Divis o , who shall conduct an investi- gation and make a recommendat o on the request for reinstatement to the City Council . This Resolution is based o the record of the proceedings before the Administrative Law J dge, including the hearing on June 1 and 2, 1989, the docum n s and exhibits introduced therein, and the comments made by the a ties before the City Council at the public hearing on August , 1989 , and the deliberations of the Council in open session. It is specifically found t at the licensee has failed to prove a right to non-conforming use s atus of the five parcels of land involved in this dispute, hav'n been identified as Parcels A, B, C, D & E in this matter, and 't is further a specific finding that the licensee has engaged in us s of the five parcels which violate the zoning code of the City o t . Paul . FURTHER RESOLVED, that t e Report of the ALJ dated July 17, 1989, (a copy of which is att c ed hereto) with its Findings of Fact , Conclusions of Law, Re endations and Memorandum is expressly ratified and adopted as the i ten findings and conclusions of the COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond , Long In Favor Goswitz Rettman B s�ne;be� _ Against Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY B� A►pproved by Mavor: Date Approved by Mayor for Submission to Council __ wMITE - CiTr CLERK COl1[IC11 PINK - FINANCE CANARV - OEPARTMENT G I TY OF I NT PALT L 91UE -MAYOR File NO. � Council esolution Presented By Referred To Committee: Date Out of Committee By Date -2- Council except as amended by t e Written Exceptions to the Findings , Conclusions and Recommendation ated July 26 , 1989, submitted by Thomas J . Weyandt, Assistant C' t Attorney, a copy of which is attached hereto and made of th' s Resolution. In addition, the Stipulation signed by Mr . Joh ' E Daubney, attorney for the licensee and Mr. Thomas J. Weyandt, Ass 's ant City Attorney is accepted as part of the record and as ame m nts to the report of the ALJ in this matter, a copy of which is ttached and made part of this Resolution. � A copy of this Resolutio , s adopted, shall be sent by first class mail to the Administrat' e Law Judge, and to counsel for the licenseholder . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long [n Favor Goswitz Rettman B �be1�� A gai ns t Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By gy. _ . . __ . .. . . . - ^ --_, . ' � 61-2101-2774-3 St.�-Eau1 STATE F INNESOTA ''�' � ��'`�' `��.'� OFFICE OF ADMI I RATIVE HEARINGS �,��'°� u FOR THE C I Y OF ST. PAUL JU� � `� 198 ,-: y �r,a��.�, e r„;= �-�.. ,. +` � ; : :r ,+ ._. � �"e''%a �' '; In the Matter of the Revocatio ) � =��, ; of the Licenses Held by Poor ) FINDINGS OF FACT, Richard' s, Inc. as a Trash ) CONCLUSIONS AND Hauler in the City of St. Paul ) RECOMMENDATIONS ? The above-entitled ma t r came on for hearing before Administrative Law Judge Val M. H ggins on June 1 and 2, 1989, at the Public Library of the City f St. Paul. The record on this matter closed on June 19, 1989, t e date of receipt of the last post-hearing memorandum. Thomas J. Weyandt, As i tant City Attorney for the City of St. Paul, 647 City Hall, St. P 1, Minnesota 55102, appeared on behalf of the City of St. Pa 1 (hereinafter "City'! ) . John E. Daubney, Attorney at Law, 700 L nd ark Towers, 345 St:� Peter St. , St. Paul, Minnesota 55102, appe re on behalf of Poor Richard' s, Inc. ( "PRI") . NOTICE IS HEREBY GIVE t at the final decision in this case shall be made by the City. P rties adversely affected by this report should contact Mr . 1 lson, City Clerk, City of St. Paul, Third Floor, City Hal , t. Paul, Minnesota 55102, for information as to the filing of ex eptions and the presentation of argument. STATEMENT� O ISSUES Th2 �uL�,o�e �i this pr c eding is to determine whether the license of PRI, as a license rash hauler for the City of St. Paul, should be revoked for ' e eated violations of the St. Paul Legislative Code. REAL ESTA E NVOLVED Five individual parcel land, each containing one or more lots, are involved in this ro eeding. For ease of identification there was present d t the hearing a map setting forth said properties and identi yi g them as Parcels A, 8, C, D, and E. They are so identified o t e City's Exhibit C. Parcel A is more speci ic lly identified as Lots 4 and � �'� 5 of Block 8 of Rice's First Add' ti n to the City of St. Paul. Parcel B contains Lots 12, 13, 1 a d 15 of Block 9 of said -1 • : , �'9-i�J�' . Rice's Addition and Parcel C is m re properly identified as Lots 2, 3 and 4 of Block 6 of R c 's First Addition. Parcel D is Lots 2, 3, 6, 7 and 10 of Block 4 of Stinson's Addition to St. Paul. Parcel E is properly i entified as Lot 4 of Block 5 of Stinson's Addition. FINDIN S F FACT l. PRI has been a license rash hauler in the City of St. Paul for over 30 years. It ain facility is located at 400 Whitall ( identified as Whitehal n certain exhibits) in the City of St. Paul. 2. On October 24, 1975, t e current Zoning Ordinance of the City became effective. Exhibit C sets forth both the pre- October 24 and post-October 24, ' 1 75 classifications of the parcels here involved. Prior t he effective date. of . October 24, 1975, all of the pa c ls involved were classified as either "light industrial" (Parc 1 A, B, E and a portion of D) , "commercial" (Parcel C) , or "he v industrial" (Lots 7 and 10 of Parcel D) . - 3. The new ordinance desi n tes Parcels A, B, C, E and Lots 2 and 3 of Parcel D as "mu t ple family residential. " 4. By document dated May , 1989, the City sent PRI a � "Notice of Hearing" wherein PRI w s notified that a hearing would be held under Chapter 310 of th t. Paul Legislative Code concerning certain alleged viol t ons of said Code and advising PRI that adverse action, includ" n revocation, suspension and fines, could be taken against P I for violations of the Code. 5. The Notice of May 2, 1 8 , sets forth six specific counts of alleged violations, t e being: a. Nonconforming use' o Parcels D, B and E. b. Establishment of arking lot on Parcel C in violation of the Code. c. A new use or expa d d use on Lots 6, 7 and 10 of Parcel D without a prior site p a review as is required by the Code when the property abuts re i ential property. d. The operation of n unlicensed refuse truck within the City on November 1, 1988. e. The placement of ' umpster on a public boulevard without the required permit to o so on November 14, 1988. f. Violation of the te ms of a prior settlement agreement concerning these sam p rcels of property. -2 . 6. At the hearing hereon P I admitted the establishment of a parking lot on Parcel C. Said p rking lot still exists, but is used only by the family owning I No site plan approval was ever obtained for said use howe er 7. PRI admitted, at the h ar 'ng, the alleged operation of an unlicensed truck on November 1 , 1988. 8. PRI admitted, at the a ing, the unauthorized placing of a dumpster on a public boul va d on November 14, 1988. 9. At the hearing, the C ty dropped the charge alleged above as "f" and set forth as I in Exhibit A. 10. In Exhibit A, the on y alleged violation pertaining to Parcel A is contained in alle at on VI, which has now been dropped. 11. PRI claims that its pr sent use of the various properties, except Parcel C, s a proper nonconforming use based upon "grandfather" rights or s s prior and subsequent to the effective date of the presen z ning ordinance. • Based upon the for go ng Findings of Fact, the Administrative Law Judge mak s he following: � C N LUSIONS 1. The City of St. Pa 1 as jurisdiction over the subject matter of this hearing and s roper notice of the hearing was timely given and all releva t ubstantive and procedural requirements of law or regu a ion have been fulfilled, this matter is properly before t e Administrative Law Judge. 2. PRI did operate a u licensed truck on the streets of the City on November 10, 1 88 3. PRI did place a d m ter on a public boulevard on November 14, 1988. 4. PRI did establish a parking lot on Parcel C in violation of the appropriate zoning or inances of the City. 5. The use of Parce A is now in compliance with the current ordinance. Altho g Parcel A is no longer involved in the specific charges agai s PRI, that charge being dropped, considerable testimony wa dduced as to this parcel prior to the dropping of said charge. 6. The use of Parc l for the storage of dumpsters is improper and no right to a onconforming use was established by PRI . -3- �, 7. While Lots 2 and 3 o P rcel D are now vacant, their use as ingress and egress to Lots 6, 7 and 10 of Parcel D is improper. Lots 6, 7 and 10 o P rcel D have been improperly filled, said fill being done it out a site plan approval. 8. The use of Parcel E o tore containers (or dumpsters) is an improper use of the par e . PRI failed to establish "grandfather" rights for such, u e. Based upon the fore o' ng conclusions, the Administrative Law Judge make he following: REC NDATION That the City susp nd the license(s) of PRI for an indefinite perio3 of time, b t hat said suspens�on is to be lifted upon PRI taking the f 11 wing action: - a. The removal of al remaining containers or dumpsters, if any, from Parc ls A, B, E and Lots 2 and 3 of Parcel D. b. An immediate f 1 ' ng, with the City, of an application(s) to resolve th resent improper use of Parcel C as a parking lot and to obtain h necessary permits, zone changes, or whatever is necessary to r ng the use of Parcel C into compliance. c. That an immed' at site plan review application be filed with the City seeking ap roval of its present use of Lots 6, 7 and 10 of Parcel a d for such other approval as is required for its unilateral u approved, filling of said Lots 6, 7 and 10. - d. That PRI ceas e use of Lots 2 and 3 of Parcel D to gain ingress and egress o ots 6, 7 and 10 at such time as compliance is perfected as o "c" above. Dated this 17th a c� July, 1589 . s/Val M. Hiqqins Val M. Higgins, Administrative Law Judge -4- , , . ��i'- / �� '� N TICE The City is requir d to serve its final decision upon each party and the Administr t ' ve Law Judge by first class mail. Tape recorded. EM RANDUM This proceeding is b sed almost entirely upon the alleged improper nonconformi g use by PRI of the five parcels of land here involved. The vi la ions of PRI pertaining to an unlicensed vehicle and the la ing of a dumpster in an improper location are very minor in at re and did not enter into the decision herein. The City alleges 'mp oper nonconforming use as to all five parcels. PRI claims " ra dfather" rights as to nonconforming use as to all pa cels, except Parcel C. The evidence as t t e use of the various parcels, both prior to the new zoning ord na ce and subsequent thereto, is in conflict. PRI claims that ar els B and D were utilized by prior owners, sewer contractors, or the storage of sewer pipe. It _ claims Parcel E, which was c ired in the late 1960 's, was used to store semi-trailers prio PRI owning the property. It is • now used to store container . A number of resid n s of the area surrounding the considered parcels gave tes i ony as to use of the parcels prior and subsequent to the curre t zoning ordinance. One such witness, Christene Rodrigue , moved into the area in April of 1976. At that time Parcels B C, D and E were all vacant. Another, Rita Adams, notice change in use of Parcel D within the past three years, said h nge being the storage of dumpsters for the first time. She al o testified that only after 1980 was Parcel B used to store dum t rs. Both parcels were vacant prior to them being used to store d mpsters. Francis Leo, Jr. , t stified that Parcel D was a vacant lot in 1974 and that the b il ing up (filling) of that parcel started three to four year a o. Patrick Ferrin gave testimony along these same lines. H m ved to the area in 1977 and at that time Parcel D was a vacant lo . Parcel E was also vacant in 1977. Richard Bodsberg is an employee of PRI. He testified that there has been a cont nu us use of Parcels A, B and D since 1975 for the storage of eq ' ip ent by sewer contractors or by PRI for the storage of dumpste s. William Buller gave like testimony, but has no know e e as to gaps in such use. The preponderanc f the evidence as to parcel use leads to the conclusion th t RI has not sustained its burden of -5- ` proving prior and continued i d strial or commercial use of these parcels since 1975. The most t lling evidence as to past use are the City' s Exhibits D, E, F, , I and J, aerial photos of the involved parcels dating from 19 3 through April 18, 1985. As stated elsewhere h rein, Parcel A is not now involved. It is, however , n n compliance. Parcel B shows as c nt land on April 4, 1973 (Exhibit D) , October 25, 1974 ( xhibit E) , and on April 4, 1976 (Exhibit F) . The photo take ' A ril 8, 1977 (Exhibit H) shows the storage of dumpsters on Parc 1 for the first time. Dumpsters are also shown on photos tak 'n pril 27, 1982 (Exhibit I) and April 18, 1985 (Exhibit J) . The use of Parcel i also no longer in controversy. PRI admits an improper use. � � Parcel D shows as ac nt land in 1973, 1974 , 1976, 1977, and 1982. . Parcel E shows as ac nt land in 1973, 1974 and 1977. Dumpsters appear on the 1982 ph to (Exhibit I) for the first time and clearly show on the 1985 ph to (Exhibit J) . PRI points out tha m st of the photos were taken in the month of April and alleg t at this is a month where most of the dumpsters would be in us a other locations and would not, therefore, show on aerial ph to . If this were true, how can it be explained that dumpsters le rly show on some April photos, but not others? � It should here be oi ted out that to establish a proper nonconforming use, or "g andfather" right, PRI has the burden of not only showing s id use prior and subsequent to the enactment of the current zon' ng ordinance, but must show an uninterrupted use as set for h n the St. Paul Zoning Code Sec. 62.102(c) (3) . . . "If uc nonconforming use of land ceases for any reason for a period f inety (90) days or more, any subsequent use of such land ha 1 conform to the regulations specified by this code for t e istrict in which such land is located. " It may well be tha s me of the parcels herein were, on occasion, used to store sewe p pe both prior and subsequent to the new zoning requirement a d hen subsequently used by PRI to store dumpsters. The aerial ph tos, however, clearly lead to the conclusion that there has be n o uninterrupted use. In conclusion, Parcel A is now n ompliance. Parcel C, the parking lot, is not in compliance, b t 's not used for the storage of dumpsters, nor is it used fo p blic or employee parking. 6- Parcels B and E are pr sently used to store dumpsters, which is an improper use of t e arcels, no "grandfather" rights being established. The front two lots Lo s 2 and 3) of Parcel D are no longer used to store dumpster , ut are improperly being used for ingress and egress ta Lots 6, 7 nd 10 of said parcel. Lots 6, 7 and 10 are now in an area des gn ted as "industrial" and, as such, can and are being utili ed to store dumpsters. However, these lots have been drastica ly altered by the dumping of fill on them without proper permit b ing applied for, or issued. PRI has shown a gen ra disregard for the ordinances of the City of St. Paul. Many a ti ns have been taken by PRI which require prior approval by the Ci y, but no approval was applied for . The recommended sus en ion of the PRI permit(s) seems reasonable. A full revocatio o the PRI permit(s) would have � far reaching complications. he public, by being deprived of the PRI service, would suffer. A o vious long range shortage of dumpster service would result. On the other hand, a s spension of the PRI permit(s) under the conditions recommend d herein places PRI in a position of dictating the length of the s spension. Immediat� action by • PRI will result in a short sus e sion period. Delay by PRI lengthens the suspension. PRI is represented b n attorney who obviously has great expertise in this field f law. By utilizing his services the suspension period will be h rt, the public will be inconvenienced a minimum amoun nd the City will have achieved its goal of compliance. _' . . � ;~ �9-/�� J�'�' � CITY OF SAINT PAUL s:`��T,;;� ,34e "+.?9 OFFICE OF THE CITY ATTORNEY 7� ��, ~`i �:�1� ��'�,��I�� s: .;, �� EDWARD P. STARR, CITY ATTORNEY ,,. - `'��a��,.-�'`� 647 City Hall, Saint Paul,Minnesota 5510� 612-298-5121 GEORGE LATIMER MAYOR July 26, 1989 Albert B. Olson City Clerk Re : Poor Richard' s Inc . Council Agenda, August 1', 989 Dear Mr. Olson: Enclosed are an original and e en�copies of the Exceptions to the Findings and Conclusio s of the Administrative Law Judge dated July 17, 1989. Also pl �a e find enclosed an original and seven copies of a stipulation a rived at between the City and Poor Richard' s Inc. agreeing o modify the report of the ALJ . Please distribute these in th ame manner as you have distributed the report of the ALJ in this c se. I am at the same time for- warding a copy of this docume t to the attorney for the licensee. Sincerely, � " THOMAS J . EYANDT Assistant City Attorney TJW/mf enclosures cc : John Daubney Attorney for Licensee . -� - - STATE OF MINNESOTA ` OFFICE OF AD IN STRATIVE HEARINGS FOR THE IT OF ST. PAUL OAH NO. 61 2101-2774-3 In the Matter of the Revoca i n CITY ZONING DIVISION of the Licenses Held by Poo EXCEPTIONS TO THE Richard' s Inc . as a Trash H u er FINDINGS, CONCLUSIONS, in the City of St. Paul AND RECOMMENDATIONS The City of St. Paul , ct 'ng through counsel for its Zoning Division, files the followi g xceptions pursuant to Minn. Stat. 14. 61 , to the Report of the Ad inistrative Law Judge (hereinafter ALJ) in the above matter, w ic was dated July 17 , 1989, and filed ' with the City Clerk thereaft r BAC G OUND On May 2, 1989 the lice s e was notified that a hearing would be held on June 1 , 1989 on v ri us charges relating to the operation by Poor Richard' s Inc. (here na ter PRI) of a trash hauling business in the vicinity of 400 Whita l , St. Paul . The violations had to do with five parcels of land in th area of 400 Whitall that were being used in violation of the St. a 1 zoning code , as well as the use of an unlicensed truck and th lacement of a dumpster on public land without a permit. The major contentions be w en the parties deal with land use issues , and the thrust of the e xceptions deal with those issues . Basically, it was the content on of PRI that uses of the parcels prior to the effective date o t e present zoning code created a legal non-conforming use , all wi g PRI to use the parcels today in ways that do not comply with he zoning code. It was the contention o t e City that no legal non-conforming uses existed, or if such use d d exist the current use by PRI in- volved a substantial increase i use beyond that in effect in October, 1975. The ALJ found in substan e hat PRI had failed to establish pre-existing non-conforming u e. The ALJ recommended an indefinite suspension of the licenses held y PRI , with the licenses reinstated upon PRI taking action as spec" f ed in four sub-sections of the report. The RLJ would allow t e reinstatement of the license upon filing of requests for rezonin . ' - The City does not agree w' th that recommendation. These ex- ceptions are presented in order t (1 ) require full compliance with ' the zoning code by PRI prior to t e return of the licenses , and � (2) to present amendments to th commendation of the ALJ . The recommendation of the LJ infers that the licensee desires to continue to use Lots A, B, C , D and E in a manner similar to 'the current use. The Council should b on record specifying exactly what steps would be required for e ch parcel before the licensee is allowed to be reinstated. The e ce tions accomplish that goal . The exceptions as presented do not require any alteration to the Findings of Fact or Conclusio s of Law made by the ALJ and stipulated to by Counsel . There r sufficient facts in the record to support the Recommendation con ai ed within these exceptions, and the Council should adopt the :alte ed Recommendations as the proper sanction in this case. EXCEPTIONS TO RECO M NDATION That the City of St. Paul sus e d the licenses of PRI for an - indefinite period of time , but tha s id suspension is to �be lifted upon PRI taking the following acti n: -2- a. The removal of all e aining containers or dumpsters , if any, from Parcels A, B, E , ��-be�s-�-a��-�-e� and Parcel D. �.---A�-}��e��a�e-�}�� , - }��-��e-S��,--e�-a�-a��}ea��e��s� �e-�ese��e-��e-��ese��-��e e -�se-e�-Fa�ee�-S-as-a-�a��-�e� a��-�e-e��a}�-��e-�eeessa��- e ��s ,--�e�e-e�a��es ,--e�-��a�e�e�-}s �eEessa��-�e-��-��e-�se-e - a�ee�-S-}��e-ee��a�ee.- b. Discontinue all use o Parcel C , remove barb wire from any fencing present , and resto e the curb and sidewalk to ori inal condition. e.---��a�-a�-��e�}a�e-s}� -��a�-�e��e�-ag��Ea��e�-�e-��e� w��-��e-��-see��-a��e a� e�-}�s-��ese��-�se-e�-�e�s-� ,--� ,--a�� 9-e�-Pa�ee�-B-a��-�e�-s�� e�-a��e�a�-as-�s-�eQ�}�e�-�e�-��s ��a�e�a�;-��a��e�e�,--€�� -e�-sa}�-be�s-� ,--� ,--a��-�A .- c . Refrain from any u e f Parcels A, B, C , D, and E that violates the zoning code . �.---��a�-FR�-eease-��e s -e�-�e�s-�-a��-�-e�-Pa�ee�-B-�e ga}�-��Q�ess-a��-e��ess-�e- e� -� ,-=� ,--a��-�8-a�-s�e�-�}�e-as ee�g�}a�ee-�s-ge��ee�e�-as- e- e'-'-a�eve .- d. Within thirty ( 30 ay ) of the effective date of the resolution of the City Coun il the licensee shall either: 1 . Make complete appl ' ca ion for all necessary rezonings , variances , fill permits , si e lan reviews and building permits as further identified in the a ta hed Exhibit l , and until such applications are acted upon wi h finality and favorably to the licenseholder , refrain from an use in violation of zoning code in accordance with "c" above . 2. Discontinue all us s hat violate the Zoning Code, and restore all lands to origin 1 ondition by removal of all fill and reseeding or resodding the an . e. That all future li en es issued to PRI , as well as any future licensees wishing to us the facilities at or near 400 Whitall , be conditioned upon complet c mpliance with the Zoning Code of the City of St. Paul . Dated this 26th day of Ju y, 1989 THOMAS J . W AND Assistant ty Attorney 647 City Hall St. Paul , Mn 55102 (612) 298-5121 Attorney Registeration No . 116336 3 � �'9- /�� , STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEA IN S In the Matter of the Revocat o of the Licenses Held by Poor ^ Richard' s , Inc. , as a Trash a er STIPULATION in the City of Saint Paul IT IS HEREBY AGREED TO AND S I LATED BY THE PARTIES THAT THE FINDINGS OF FACT, CONCLUSION D RECOMMENDATIONS OF ADMINISTRATIVE LAW JUDGE VAL HIGGINS IN THI TTER ARE AMENDED TO READ AS FOLLOWS : FINDI GS OF FACT . 5. a. Non-conforming use of ' P cels D, B, A, and E. 10. In Exhibit A, the only 11 ged violation pertaining to Parcel A is contained i llegation VI ,--wY��el�-kas-r�ew-bee� d�epged. CONC U IONS 5. The use of Parcel A is n w in compliance with the current ordinance. The use of P r 1 A for the stora e of dumpsters is improper and no right t a non-conformin use was established by PRI . A��ket�gY�-Fa�ee� A �s-�e-�e�Qe�-�r�ue��ed-}�-�l�e-sgee��e el�a�ges-aga��s�-PR� ,--��ia - a�ge-be��g-d�egpe�. considerable testimony was adduced as t this parcel g��e�-�e-�I�e-d�eg�}r�g-e� sa}d-el�a�ge.- • 7 . While Lots 2 and 3 of Pa c 1 D are now vacant , their use as ingress and egress to Lo s 6 , 7 , and 10 of Parcel D is improper. Lots 6, 7 , and 10 of Par e D have been improperly filled, said fill being done without ite plan approval . PRI failed to establish grandfather ri h s for such use. Dated: a�/ � � Signed � � a,•�-�-�.s-�9 J n . aubney tto ney For Licensee Thomas J . eya 0o Richard' s Inc . 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O . � � a ..r Ii ' 4 ~ . . � � �"' � % � _ -�� ,. ' •.. CIT O SAINT PAUL INTERDEPAR ME TAL MEMORANDUM July 25, 1989 � ��,a►�ll �� J TO: Tom Weyandt � ��)� 2 6 1989 FROM: John Hardwick �� _��t�� U RE: City Council Hearing on Po r ichards' Inc. On August 1, 1989, the City Counci w 11 hold a license revocation hearing regarding Poor Richards' Inc. I h ve been asked to provide a detailed list of corrective actions needed in or er for Poor Richards' to comply with city zoning and building codes. Enclos d s a copy of the map used during the Administrative Law Judge hearing, 'nd'cating various properties labeled "A" thru "E". Following is a list of or ective actions for each parcel: Parcel "A" 1) The gravel placed on the ext ri r property area must be removed and the yard reseeded or resodded. 2) _. The "Poor Richards': sign mus � b removed from the garage. 3) All commercial vehicles and qu pment must be removed from the garage and exterior property areas. In order to establish a comm rc al or industrial use on this parcel, :the following is required: 1. The property must be rez e to an I-1, industrial zoning district. 2. A variance must be obtai ed from the Board of Zoning Appeals modifying the required setback fro r sidentially zoned property. 3. Site plan review and app ov 1 must be obtained. 4. Permits must be obtained fo all grading and paving. Parcel ."B" , 1) All commercial vehicles and eq ipment must be removed from this property. 2) Graveled areas must be reso de or reseeded to grass. In order to establish a co ' e cial or industrial use on this parcel, the following is required: 1. The property must be re on d to an I-1, industrial zoning district. 2. A variance must be obta ne from the Board of Zoning Appeals modifying the required setback fr m esidentially zoned property. 3. Site plan review and ap ro al must be obtained. 4. Permits must be obtaine f r all grading and paving. w �\ July 25, 1989 Page 2 Parcel "C" 1) Parking of vehicles must be isc ntinued; this includes personal vehicles. 2) Barb wire fence must be remo ed. 3) Black top ramp over the curb u t be removed. 4) The property must be reseede o resodded over all the graveled areas. If Poor Richards' Inc. wishe t use parcel "C" for parking, the following steps are required: 1. The property must be rezo ed to I-1 or P-1 zoning. 2. Site plan review and appr va must be obtained. 3. The necessary city permit m st be obtained for grading, paving, landscaping, etc. : Parcel "D" 1) All commercial vehicles and qu pment must be removed. 2) The property must be reseede o resodded over all graveled areas. 3) This property must be restor d o its original grade prior to the dumping of fill. 4) Any fill material within the pu lic right of way must be removed. In order to use the southerl p rtion of this parcel for exterior storage, the following is required. 1. A variance of the require s tback from adjacent residentially zoned land must be obtained. 2. Site plan review and app ov must be obtained. 3. Required dumping and gra in permits must be obtained. 4. Access to the parcel mus b provided without crossing residentially zoned land. Parcel "E" 1) All commercial vehicles and eq ipment must be removed. 2) The property must be reseed d r resodded over all graveled areas. In order to establish a com er ial or industrial use on this parcel, the following is required: 1. The property must be rez ne to an I-1, industrial zoning district. 2. A variance must be obtai ed from the Board of Zoning Appeals modifying the required setback fro r sidentially zoned property. 3. Site plan review and app ov 1 must be obtained. 4. Permits must be obtained fo all grading and paving. Rice's Addition and Parcel C ' s more properly identified as Lots 2, 3 and 4 of Block 6 of R' ce' s First Addition. Parcel D is Lots 2, 3, 6, 7 and 10 of Blo k 4 of Stinson's Addition to St. Paul. Parcel E is proper y identified as Lot 4 of Block 5 of Stinson' s Addition. FIND NG OF FACT 1. PRI has been a licen e trash hauler in the City of St. Paul for over 30 years. t main facility is located at 400 Whitall ( identified as Whiteh 1 on certain exhibits) in the City of St. Paul. 2. On October 24, 1975, t current Zoning Ordinance of the City became effective. Exhib t sets forth both the pre- October 24 and post-October 2 , 975 classifications of the parcels here involved. Prior t the effective date of October 24, 1975, all of the ar els involved were classified as either "light industrial" (Pa c s A, B, E and a portion of D) , "commercial" (Parcel C) , or " ea y industrial" (Lots 7 and 10 of Parcel D) . 3. The new ordinance de ig ates Parcels A, B, C, E and Lots 2 and 3 of Parcel D as " ul iple family residential. " 4. By document dated Ma 2, 1989, the City sent PRI a "Notice of Hearing" wherein P I as notified that a hearing would be held under Chapter 310 of he St. Paul Legislative Code concerning certain alleged vi la ions of said Code and advising PRI that adverse action, incl di g revocation, suspension and fines, could be taken against PR for violations of the Code. 5. The Notice of May 2, 119 9, sets forth six specific counts of alleged violations, th y being: a. Nonconforming ule f Parcels D, B and E. b. Establishment o a parking lot on Parcel C in violation of the Code. c. A new use or ex an ed use on Lots 6, 7 and 10 of Parcel D without a prior site pl n review as is required by the Code when the property abuts es dential property. d. The operation ol a unlicensed refuse truck within the City on November 1, 1988. e. The placement o a dumpster on a public boulevard without the required permit t d so on November 14, 1988. f. Violation of th t rms of a prior settlement agreement concerning these sa e arcels of property. �;:`�,P_ /�oi' 6. At the hearing he eo PRI admitted the establishment of a parking lot on Parcel C. S id parking lot still exists, but is used only by the family own' n PRI. No site plan approval was ever obtained for said use o ever. 7 . PRI admitted, at t e earing, the alleged operation of an unlicensed truck on Nove be 10, 1988. 8. PRI admitted, at t e earing, the unauthorized placing of a dumpster on a public b 1 vard on November 14, 1988. 9. At the hearing, the C' ty dropped the charge alleged above as "f" and set forth a I in Exhibit A. 10. In Exhibit A, the nl alleged violation pertaining to Parcel A is contained in all ga ion VI, which has now been dropped. 11. PRI claims that its p esent use of the various properties, except Parcel C, ' s a proper nonconforming use based upon "grandfather" rights or s s prior and subsequent to the effective date of the present z ing ordinance. Based upon the fore oi g Findings of Fact, the Administrative Law Judge make t e following: CO L SIONS 1. The City of St. Paul a jurisdiction over the subject matter of this hearing and as r er notice of the hearinq was timely given and all relevant ub tantive and procedural requirements of law or regulat on have been fulfilled, this matter is properly before the dm nistrative Law Judge. 2. PRI did operate an unl'c nsed truck on the streets of the City on November 10, 1988. 3. PRI did place a dumpst r n a public boulevard on November 14, 1988. 4. PRI did establish a pa ki g lot on Parcel C in violation of the appropriate zoning ordin nc s of the City. 5 . The use of Parcel A is o in compliance with the current ordinance. Although Par e A is no longer involved in the specific charges against PRI t at charge being dropped, considerable testimony was adduc d s to this parcel prior to the dropping of said charge. 6. The use of Parcel B for th storage of dumpsters is improper and no right to a nonco o ming use was established by PRI . -3 7, While Lots 2 and 3 of P rcel D are now vacant, their use as ingress and egress to Lots , 7 and 10 of Parcel D is improper. Lots 6, 7 and 10 of P rcel D have been improperly filled, said fill being done w' t out a site plan approval. 8. The use of Parcel E t tore containers (or dumpsters) is an improper use of the parc 1. PRI failed to establish "grandfather" rights for such s . Based upon the foreg�' i g conclusions, the Administrative Law Judge makes'� t e following: RECO E DATION That the City suspen he license(s) of PRI for an indefinite period of time, but t at said suspension is to be lifted upon PRI taking the fol o ing action: a. The removal of a 1 remaining containers or dumpsters, if any, from Parcel , B, E and Lots 2 and 3 of Parcel D. b. An immediate fil n , with the City, of an application(s) to resolve the r sent improper use of Parcel C as a parking lot and to obtain th ecessary permits, zone changes, or whatever is necessary to br n the use of Parcel C into compliance. c. That an immediat ite plan review application be filed with the City seeking ap r val of its present use of Lots 6, 7 and 10 of Parcel D a d for such other approval as is required for its unilateral, u' a proved, filling of said Lots 6, 7 and 10. d. That PRI cease t e use of Lots 2 and 3 of Parcel D to gain ingress and egress to o s 6, 7 and 10 at such time as compliance is perfected as-to 'c' above. Dated this ��day o July, 1989 . � � � � al M. Higgins, ministrative Law Judge � 9 �� I �� .��> � s:��•• �. CITY OF SAINT PAUL .�'�• ;�,� ��^ i OFFICE OF 7HE CITY ATTORNEY g� nui�nw ,� I `;m �m1,�qt� �� EDWARD P. STARR, CITY ATTORNEY '"��n,n.°.'��'`�_ 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER � MAYOR I I July 26, 1989 I I Albert B. Olson City Clerk Re : Poor Richard' s Inc. Council Agenda, August , 1989 Dear Mr. Olson: Enclosed are an original and ' se en copies of the Exceptions to the Findings and Conclusi ns of the Administrative Law Judge dated July 17 , 1989. Also p ea e find enclosed an original and seven copies of a stipulatio a rived at between the City and Poor Richard' s Inc . agreeing to modify the report of the ALJ . Please distribute these in t e ame manner as you have distributed the report of the RLJ in thi c se . I am at the same time for- warding a copy of this docum nt to the attorney for the licensee. Sincerely, l �� THOMAS J . EYANDT Assistant City Attorney I TJW/mf I I enclosures � cc : John Daubney Attorney for Licensee I �i I I STATE OF MI NESOTA OFFICE OF ADMIN ST ATIVE HERRINGS FOR THE CIT 0 ST. PAUL OAH N0. 61 21 1-2774-3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Matter of the Revocati n CITY ZONING DIVISION of the Licenses Held by Poor EXCEPTIONS TO THE Richard' s Inc , as a Trash Hau er FINDINGS , CONCLUSIONS , in the City of St. Paul AND RECOMMENDATIONS The City of St. Paul , ac in through counsel for its Zoning Division, files the following ex eptions pursuant to Minn. Stat. 14. 61 , to the Report of the A mi istrative Law Judge (hereinafter ALJ) in the above matter, whi h as dated July 17 , 1989, and filed with the City Clerk thereafte . BACK R ND On May 2 , 1989 the licen e was notified that a hearing would be held on June 1 , 1989 on va i s charges relating to the operation by Poor Richard' s Inc . (herei a ter PRI ) of a trash hauling business in the vicinity of 400 Whital , St. Paul . The violations had to do with five parcels of land in h area of 400 Whitall that were being used in violation of the St. a 1 zoning code , as well as the use of an unlicensed truck and th lacement of a dumpster on public land without a permit. The major contentions be w en the parties deal with land use issues , and the thrust of the e exceptions deal with those issues. Basically, it was the content�o of PRI that uses of the parcels prior to the effective date f he present zoning code created a legal non-conforming use , allow ng PRI to use the parcels today in ways that do not comply with th zoning code. I It was the contention of th City that no legal non-conforming uses existed, or if such uses di exist the current use by PRI in- volved a substantial increase in use beyond that in effect in October, 1975 . The ALJ found in substanc hat PRI had failed to establish pre-existing non-conforming us . The ALJ recommended an indefinite suspension of the licenses hel b PRI , with the licenses reinstated upon PRI taking action as spec fi d in four sub-sections of the report. The ALJ would allow t �e einstatement of the license upon filing of requests for rezonin �,• The City does not agree wi',th that recommendation. These ex- ceptions are presented in order' t (1 ) require full compliance with the zoning code by PRI prior to t e return of the licenses , and (2) to present amendments to th ecommendation of the ALJ . The recommendation of the LJ infers that the licensee desires to continue to use Lots A, B, C D, and E in a manner similar to the current use. The Council shoul b on record specifying exactly what steps would be required fo e ch parcel before the licensee is allowed to be reinstated. The c ptions accomplish that goal . The exceptions as presented d not require any alteration to the Findings of Fact or Conclusi n of Law made by the ALJ and stipulated to by Counsel . There a e sufficient facts in the record to support the Recommendation co t 'ned within these exceptions , and the Council should adopt the alt re Recommendations as the proper sanction in this case. EXCEPTIONS TO RE OM ENDATION That the City of St. Paul s sp nd the licenses of PRI for an indefinite period of time , but th t said suspension is to be lifted upon PRI taking the following act" o : -2- � �� i� ;�� - , �. a. The removal of all r maining containers or dumpsters , if any, from Parcels A, B, , a��-�e�s-�-a�d-�-e� and Parcel D. b.---Ar�-}x��ae��a�e-€�� ; va}�t�-�t�e-5��;-e€-ar�-a�p�}ea�}e�f s-} �e-�ese��e-�13e-��ese��-�Fa�� p �-�se-e€-Fa�ee�-S-as-a-�a�l��g-�e� a�d-�e-eb�a��-��ie-�eeessa�� p �r�}�s ,--�e�e-et�a�ges,--e�-w�ia�e�e�-�s �eeessa��-�e-b��g-��ie-t�se- € Fa�ee�-S-��e-eer��}a�ee.- b. Discontinue all us Parcel C , remove barb wire from any fencing present , and re to e the curb and sidewalk to original condition. e.---��ia�-a�-��ed�a�e- }� -p�a�-�e��eda-ag��ea��e�-be-��e� w}�1�-�ke-S}��-see�}r�g-ag��e a� e�-}�s-p�ese��-�se-e�-�e�s-6,-�,--a�d �A-e€-Fa�ee�-B-a�d-�e�-st��i e� e�-a�p�e�a�-as-}s-�eq��e�-€e�-}�s t��a�e�a� ,--t��app�e�ed;-�� -e�-sa}�-�e�s-6,--�;-a��-�9.- c . Refrain from any u e f Parcels A, B, C , D, and E that violates the zoning code. d.---�t�a�-FF��-eease-�l�e ,t�s -e€-�e�s-�-a�d-�-e€-Fa�ee�-B-�e ga}�-}�g�ess-a�d-eg�ess-�e- e� -6 ,--� ,--a��-�9-a�-st��l�-�}x�e-as ee�a��}a�ee-�s-ge��e��e�-as- e- '�!'-abe�e.- d. Within thirty (30 ay ) of the effective date of the resolution of the City Council the licensee shall either: l . Make complete appli a ion for all necessary rezonings , variances , fill permits , sit lan reviews and building permits as further identified in the at a hed Exhibit l , and until such applications are acted upon i h finality and favorably to the licenseholder, refrain from n use in violation of zoning code in accordance with "c" above . 2. Discontinue all use hat violate the Zoning Code , and restore all lands to origina ondition by removal of all fill and reseedin or resodding the l n . e. That all future lic n es issued to PRI , as well as any future licensees wishing to s the facilities at or near 400 Whitall , be conditioned upon complete co pliance with the Zonin Code of the City of St. Paul . Dated this 26th day of ul , 1989 THOMAS J. AND Assistant ty Attorney 647 City Hall St. Paul , Mn 55102 (612) 298-5121 Attorney Registeration No. 116336 , STATE OF MINNESO A OFFICE OF ADMINISTRATIVE HE R 1VGS In the Matter of the Revoca i n of the Licenses Held by Poo Richard' s, Inc. , as a Trash Ha ler � STIPULATION in the City of Saint Paul IT IS HEREBY AGREED TO AND S I ULATED BY THE PARTIES THAT THE FINDINGS OF FACT, CONCLUSIOIV ND RECOMMEIVDATIONS OF ADMINISTRATIVE LAW JUDGE VAL HIGGINS IN THI TTER ARE RMENDED TO RERD AS FOLLOWS : FINDI GS OF FACT 5. a. Non-conforming use of Pa cels D, B, A, and E. 10. In Exhibit A, the only 11 ged violation pertaining to Parcel A is contained i a legation VI ,--w�i}ek-kas-r�ew-bee� ��egge�. CONCL S ONS 5. The use of Parcel A is no i compliance with the current ordinance. The use of Pa ce A for the stora e of dumpsters is improper and no ri ht o non-conformin use was established by PRI . A��t�et�gl�-Pa�ee�- -� -r�e-�er�ge�-}��e�v�e�-}r�-�l�e-s�ee��}e el�a�ges-aQa��s�-FR�,--�t�a� 1� �ge-be}�g-��egpe�. considerable testimony was adduced as t his parcel g�}e�-�e-�t�e-d�ep�}�g-e€ sa}�-el�a�geT • 7. While Lots 2 and 3 of Parc 1 are now vacant, their use as ingress and egress to Lots 6 , 7, and 10 of Parcel D is improper. Lots 6, 7, and 10 of Parce D have been improperly filled, said fill being done without a it plan approval . PRI failed to establish grandfather righ s or such use. Dated: o� ! � Signed ar-�-�.s-89 J n . aub ey Thomas J. eya tto ney For Licensee Attorney or City of St. Paul 0o Richard' s Inc. �� , ra �� ry � ? ? �M � o � 'J�� f� I �I~ � � N n� N �n�i�'o� nPi •�oo NJ. p ` � M aD 0+ � � 'D = N N'�� I�� '�J•$ 8, � p, � � � � � � n C .. .:. 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'• _ 1�. - ,.: � w N � • 3 (1� �� * .1- � 1 �. I : R o �' � � � `� — � ,�� °- � ' � �n 3 °- �� ;, � • . O �Ji' �sN � + � _ ' � + h M •°� \ '�� N M r 4Y ,�0 r � � O _ •_► n � < O r� � !. J t��M L�` � _ �� 3� i � � " � i ' � � _1 !f! �„ y � 8 ' J 6. � p .� oe � f . � �� 'Q � �' � . � A �� .pe��,, r ' � . . � °O h � 1fYf! I�I y.��(x . . . - � � h . ' 's �7.f� 'r � � � "'i'. 'J•i7u»T •..-. � . . . . , .. -=-�-=--1--=-!._=--�-�-i-=--=-=--�-' �'� '=d .�r -- ----------- ----- � � � � � 8/3�1�'�V�/V1 s3A4 09 .� ir . �� - � �!-•. - � . � � . . . . . � .. . - • � . .`� � Q�L6Z • N� � s ooz _� ��: � , � a _ o � � ��' `� y . ' � �� • o � � ._ � ��` 6 M .' . � . � O m � . . • ,` �y` Q 1 CITY F AINT PAUL INTERDEPART ,EN AL MEMORANDUM July 25, 1989 � �!�!�� 4/ �L�J T0: Tom Weyandt , J�a! 2 6 1989 FROM: John Hardwick �� v�� T RE: City Council Hearing on Poor ic rds' Inc. On August 1, 1989, the City Council wi l old a license revocation hearing regarding Poor Richards' Inc. I have ee asked to provide a detailed list of corrective actions needed in order or Poor Richards' to comply with city zoning and building codes. Enclosed i a copy of the map used during the Administrative Law Judge hearing, indi at ng various properties labeled "A" thru "E". Following is a list of corr ct ve actions for each parcel: Parcel "A" 1) The gravel placed on the exterior pr perty area must be removed and the yard reseeded or resodded. 2) The "Poor Richards" sign must be em ed from the garage. 3) All commercial vehicles and equip nt must be removed from the garage and exterior property areas. In order to establish a commercial or industrial use on this parcel, the following is required: 1. The property must be rezoned to an I-1, industrial zoning district. 2. A variance must be obtained fro t e Board of Zoning Appeals modifying the required setback from resid nt ally zoned property. 3. Site plan review and approval m st be obtained. 4. Permits must be obtained for al ' g ading and paving. Parcel ."B" 1) All commercial vehicles and equipme� t ust be removed from this property. 2) Graveled areas must be resodded or es eded to grass. In order to establish a commercial r ndustrial use on this parcel, the following is required: 1. The property must be rezoned to ' n -1, industrial zoning district. 2. A variance must be obtained from th Board of Zoning Appeals modifying the required setback from reside ti lly zoned property. 3. Site plan review and approval mu t e obtained. 4. Permits must be obtained for all gr ding and paving. . w '� � � � .r�l,� �'� / July 25, 1989 Page 2 Parcel "C" 1) Parking of vehicles must be di continued; this includes personal vehicles. 2) Barb wire fence must be rem ve . 3) Black top ramp over the curb mu t be removed. 4) The property must be reseede o resodded over all the graveled areas. If Poor Richards' Inc. wishe t use parcel "C" for parking, the following steps are required: l. The property must be rezo ed to I-1 or P-1 zoning. 2. Site plan review and appro al must be obtained. 3. The necessary city permits,mu t be obtained for grading, paving, landscaping, etc. Parcel "D" 1) All commercial vehicles and e ip ent must be removed. 2) The property must be reseeded r esodded over all graveled areas. 3) This property must be restored to its original grade prior to the dumping of fill. 4) Any fill material within the p bl c right of way must be removed. In order to use the southerly p rt'on of this parcel for exterior storage, the following is required. 1. A variance of the required s tb ck from adjacent residentially zoned land must be obtained. 2. Site plan review and approva m st be obtained. 3. Required dumping and grading e its must be obtained. 4. Access to the parcel must be ro ided without crossing residentially zoned land. Parcel "E" 1) All commercial vehicles and equi e t must be removed. 2) The property must be reseeded or es dded over all graveled areas. In order to establish a commercia o industrial use on this parcel, the following is required: 1. The property must be rezoned t a I-1, industrial zoning district. 2. A variance must be obtained fr he Board of Zoning Appeals modifying the required setback from resi nt'ally zoned property. 3. Site plan review and approval m st be obtained. 4. Permits must be obtained for al g ading and paving. . . , July 25, 1989 Page 3 Should you have any questions re ar 'ng these matters or require further details, you may contact me at 2 8- 215. /krz enc. cc. Poor Richards' Inc. Council President Scheibel Councilmembers Kathy Stack Jan Gasterland Joseph Carchedi � �—�� Gopher Disposal P.O. BOX 6. NEWPORT. MINNESOTA 55055 (612)459-6377 •�'ULY :_'��, 1��-13 TH I� LETTER I�: T{? t1EFi I F`r THE Pd T P�('i�I��Pd c.iF EAv�E _•r�Pd I Ti�i T I�at�f Al�IC) G�F'Htfi a I��F'�)�.;AL i THE F'�!R�:I-f�:1 R':;�, ?"�y ENTtR I�IT�! H P�?RGHN�,E , AGf;EtMENT W I TH F�c�� F►I C:Hr�FD' :1, NC . �:T�i�. :.ELLEF'i . THt T h I P�11�tN i I=� � T�) F�JF;GHALIE THE RE'�I dtNT T�L '�Tt,� L; � C1}_,Tc��it�:=, E;E I t�G L_tR�I CtD BY F�c.ic i�' F I GHARD� �.► I hJC . Ft iR REF�.L.E kEM��ft1AL UN�R TH� F;rLLC�G.�i r�G C:�Na I T I�:�(v�:: . A? THk ':�ELLE:h H�F.'E :_: T�=� �{a�h�l1-I t�(!!� TG� ��F'�h'H�E THt C:�i��fF F�ti''11' FF:r:��'I H I:'= F ;:T�I TY F�'�R A F`CF'I�::�Q i_�F' T�:i �� t.:=:in .� ��tt.��:._� Fh'C!fii "��i � :�F THI_� _�Itihlt-t� i=ir��:t�f'iti�a�i . s_::T "rH� F'►,�F:C�H;�:_:F �c j_h�i �T C�E'?, 1'i-t� ?_!sF:R��;�i `�;��1��TF-i�.'t' ��HF=ir�U� �?F� HL i_ 'r'!G�r i v'�. �:;_;:��i t}�'{EF"� r�:� �}F "f H I'�� . G�:� THF F'�JF�C:HN�:F E:.E �:. ��:_. X > �("I��Ec� THE �1liRF:��dT �'I{:JiVTH�Y �:HA�:GE FciM „�,Y Tt�E ��' ��'+ C:U�:TC�f��i:��. E�a�';� t.i'_�t=_i,� r�FTth 1-1—��i� WTLL �c F:�I �t�� Ei��:D Tc:a THE F't`�;GH;��i�: . t y TH� F�!1M`C:Hi�'=,Et, RE�_E `J L.�,E�:?T T F�th ALL C�!1��T{"�t�E�;_� THH; TERif 1 t�daTE '_��;��I�E 'R ��F' T�; t;�:Ti:lE:�Fi =�{?� ��?�;'_+ . F? THt F't ti;GHt�=;�N; �� t_. F'�r`r� �CiD 1 T I t?�J1L F��h` �r..L. h��_t� C.t 1L�1+:�i`1tR'=� t�t�!i I L ' ?; Fi!Ri�Hi=�'=:ER E�Fs�T t'd'3 T!:i Hr=t�1� TH�.� AGCt��_��J i�'_� H I t�l:_;E±F . Ci:� TH� :_:ELLEt=; A��'E�.:=� Ci f�! I N T�t i AL D�:yW�! F'HY1''l�P��T t�jt��i�L Ti_i ��:�:1 !:�F 7HE :1tLL �t�l� FR I�E W I TN ;HF EHLNt�J�.:t C�t.�E I f`� ES�±►Ji-iL I1�{'_�TiaLLI`'I�.f'�i i: : G `�� ri r t:��'y'chf:� 't�ti�F: F'EFi I{}G AT �t�! It�TEfiE'=,T I;ATE �:�t.�'"L T�Y "'i HE FtC�t�:h� �'�`=:�F:V� Ft�t�G F�l�i;C:H�:=:E FATt . H 1 F'111;c::Ht�:=�EFi':� i��:�;::{�t1t ' i; I aE�=L I T`�' �'�� h�l't` T I��ic F;;R At�Y F I;�dE';, LEU�L. F tE' ;, F`H':;; G!!t �r(:,;��N-r�_, , ��F E I LL'� I h�iC��JhFEC} E.Y F�{!�:>� � t:H�F�;G�' '=., i P��_: . Wf-1 f LE I T I::: ��E I N� �:�t='tF't�7tD i�::; F'{��s!{�� : CH��Ii' _ . Ti�J�: . c;tF: A':� t�i�TF:O F;��:1:_:�. � Et�GLE :=��r��r�►T t C��J �.��s�='HE k L�I_�f"'i 1��HL Gc?Pt !�-r h+:' � .. - i'!I t�HAr L it,i�' �1 �Ca t� ., • � � 'G��'� F��yc iR F T C:Hr�h�D' '.�;7 N� . ;� C I Cf� WY�I ERA�� , � ,�.�,�e 41-c1 � .�,,,� � ., . _ _ ��` �` f / etro � FUSE ,N� 890'0861 8168 WEST 125TH STREET SAVAGE, MINNESOTA 55378 July 31, 1989 , To Mr. Richard Wybierala: � �� This letter will set forth an c nfirm the intentions of Metro Refuse, Inc. ( "Buyer" ) to acqu 'r the physical and certain other assets of Poor Richards, Inc. ( " eller" ) . 1. PURCHASE OF ASSETS: Buyer will purchase, A S ller' s customer lists, consisting of all commercial and nd strial accounts located within Ramsey and Washington ou ties, and all other records relative to the contin an e of operations, B: All the refuse containers located on e sites of the customers to be transfered. 2. LIABILITIES: It is specifically unde s ood and agreed that Buyer will not assume nor agree to pay a tax liabilities and or taxes, costs, fees and expense a ising out of or from your employment or the emplo e t of others or any other liabilityy i or payable of S,eller in ex' stance now or arising in the future. 3. PURCHASE PRICE: The Purchase Price shall b determined by the fcllowing: A price for the customer 1 ' sts and containers which wiTl be determined by multiplyin e revenue billed by Buyer for the one month period beginni g O days following the date of closing times 8.5 Of this portion of the P rc ase Price, $10,000.00 shall be allocated to the Covenan T Not Compete. � � � ;� Commercial sales shall in 1 de charges ( for regular service �' :'. and extra services) for a y customers which are serviced by � � means of dumping containe s or picking up loose refuse by • means of a rear end loadi g truck or front end loading truck. Sales figures shall NOT i cl de finance charges or charges for customer service for us omers which are presently the Buyers (i.e. subcontracte f om Buyer to Seller) or any charges incurred as a res lt of Buyer providing services in the future for the seller; s ecifically but not limited to Transfer Station work. The terms of payment shall b as follows: • , i :�:. ,:�, $50,000.00 at the time of 1 sing, plus the remaining balance to be amortized over a per o of 36 months at 10� per annum. The payment amount shall b termined and the first payment shall be made 90 days from t date of closing. 4. CLOSING: The date of closing this t an action shall be 4 to 6 weeks from the date of acceptanc h reof at a place to be mutually agreed upon. 5. BULK TRANSFER: On or before the date of c os 'ng, Seller shall initiate such actions as are deemed nece sa y to comply with the Bulk � Transfer Act, or in the al er ative, agrees to hold harmless, indemnify and defend Buyer in regards to said act. 6. COVENANT NOT TO COMPETE: At the closing, Seller sha 1 nter into a covenant not to compete in any form (owner, e ployee, financial interest, consultant, etc. ) in any b si ess associated with the commercial refuse removal i d stry for a period of 5 years in Ramsey and Washington Coun 'e . 7. DISCLOSURE OF INFORMATION: Upon execut�on hereof, Sell r shall allow Buyer to review its books and records, specific 1 y, financial information, route lists and customer lists. u er agrees that they, their employees, and other repres n atives will not disclose of any information of Seller obtai e in connection with their inspection except insofar a his information may be required to consummate this Purchase A reement. 8. CONTINUANCE OF BUSINESS: " Seller shall, from the date o -�a�ceptance hereof to the date of closing, continue to ope a e the company in the normal course of business and not n rtake or assume any liabilities which would cre t a substantial change in circumstances. Should Sell r fail in any manner to operate said business as normal or h ld Buyer fail to acquire the necessary licenses and perm ts to allow for the proper operation thereof, this agr em nt shall be voided. 9. OTHER AGREEMENTS: , � � I . , . . As of the date of closi , Buyer and Seller shall enter into a sub contracting agree n whereby Buyer shall provide . services to Seller for t e continued hauling of _qarbage from Sellers Transfer Station. The price for such services shall begin at the rate of $45.0 per hour for a rolloff truck and driver and $55.00 per h r for a rolloff truck and driver and trailer. Additionally, u er and Seller shall enter into an agreement whereby Seller m y dump garbage at Buyers Transfer Station at a price to be d termined to be the Costs incurred by Seller plus 5$. In a d tion, a rental agreement shall be made between the parties f r the rental of the shop, land, office, and facilities p e ently used by Seller for a month to month basis at the ra e of $3000.00 per month inclusive of utilities, taxes, etc. lO.CONSULTING AGREEMENT: Richard and Alice Wybier 1 agree to enter into a consulting - agreement with Buyer; for a period of no less than 60 days from the date of closing a d to be at the direction of Buyer in regards to work perfo m d at� the rate of $500.00 per week. 11.FORMAL AGREEMENTS: Upon acceptance hereof, e ler shall furnish formal agreements which will in 1 de the terms set forth herein and contain customary repres n ations and warranties, including authority to enter into h agreement and confirming the validity of the financia nformation that will have been pxovided. The purpose of this letter of in e t is to assure each of us that there is a mutual interest in th' s transaction before we expend , amounts on legal and accounting e vices and we would therefore ask ' that you confirm your intent to r ceed by signing below. Poor Richards, Inc. gy; .�ctJ/��.o� LL! t��.l T t 1 e � � Da t e �' 31- �� RiC.hard Wybieral ; C{..C.{.r��, ^ � ` ��. �sZ ' ('� -, �: By= ' tle `� ��-�L� Date � ��-C' / Alice Wybierala Metro , In}••��+�n+� . /' �.' �j�A n � By: __ . � --___ __.,_ _T• tle /�-{.-� Date 7 "�- lf Josep' P. McGraw � � � �q.� /�/� � � HAL INDUSTIZIFS, LTD. 1 90 Viking Drive uite 200 ' Ede P irie, !IId 55344 , ,� et er of Intent Da e: July 31 , 1989 $allmark Industries, L d. (HIL) , a holding company to be formed explicitly for this transa t ' on� herein agrees to purchase Poor Richards, Inc. (PRI) under t e ollowing terms and conditions : , A) HIL will convey 4,000, 00 shares of its common stock as a down psyment to Richard Wybi t"d 8 owner of PRI. i This stock will be not es than 16Z of totsl outstandin� stock in company, and not more t an 20�. B) HIL agrees to pay an a di ional S3,000,000, at S200,000 per year for two years, S250,000 p r year for 10 years, and glOC,000 for one year, in a contrac or deed, full amortization. Payments wi,ll be made quarterly. C) Wybierala agre�;� td w rk for HTT� £or �,8 months to train HIL perso�nne], arnd tio ensur o erational cont��uity. S50,000 annual i sal�ry w�.lr be paid to bl t^818for this servi��. D) Wyb121"�ldand family agr e o not compete with HIL for five years theresfter. If they m te, the abqve contract �or deed is coasidered paid in full. � � E) Closing date will be at no n, October 1 , 1989. All e;cpenses must ' be prorated on day of cl si g. ' F) All trucks, equipment, 'nv tory,- and real estate as of this date '`�. must not be sold or co ve ed, o��' liened against without written approval of HIL. G) HIL personnel will take ve operations immediately after ceasing. `-'r � Signed ` Agreed and Accepted �: �� /, � �,; .��•l:�� W Gregory Ostrovsky Richard Wybiera d $ � President, HIL PRI & Individual ' i:� � � i i �� _ �� 7 ,��.�, �� T• �, CITY OF SAINT PAUL 3�� :9 g; ��, OFFICE OF THE CITY ATTORNEY '� �nurum� ,: �v �� 101�� ,s�� EDWARD P. STARR, CITY ATTORNEY ';s i� ' "'"n,,,,�R;;fi��'' 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER � MAYOR July �, i9s9 RF�E��ED �� -� 91989 Mr. John Daubney CITy Attorney At Law L��tkK 70QJ Landmark Towers 345 St. Peter Street St. Paul, MN. 551g2 RE: Poor Richard' s Inc . Dear Mr. Daubney: Please take notice that a hearing on the report of the Administrative Law Judge c ncerning the abov2=mentioned establishment has been sched 1 d for 9:4l0 o'clock a.m., August 1, 1989, in the City Council Ch m ers, Third Floor, Saint Paul City Hall and Ram sey County Court ou e. You have the opportunity to fi e exceptions to the report with the City Clerk at any time u ing normal business hours. You may also present oxal or wri t n argument to the Council at the hearing. No new evidence wi 1 e received or testimony taken at this hearing. The Council w 1 base its decision on the record of the proceedings before the Ad inistrative Law Judge and on the arguments made and exceptio s filed, but may depart from the recomm endations of such Judge a permitted by law in the exercise of its judgment and discretio . Sincerely, THOMAS J. WEYANDT - Assistant City Attorney cc: Joseph F. Carchedi License Inspector Albert B. Olson City Clerk . Wendy C. Lane • Zoning Inspector � 9� i ��'� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) BETH FERMAN, of the C' y of St. Paul, State of Minnesota, being duly sworn u on oath deposes and says that on the 17th day of July, 1989, s e eposited in the United States mail, a true and correct copy of the attached Findings of Fact, Conclusions and Recommendatio o the following parties: Thomas J. W y ndt Assistant C't Attorney for the City of S . Paul 647 City Ha 1 St. Paul, 5102 and to: John E. Dau ne Attorney at La 700 Landmar T wers 345 St. Pet t. St. Paul, 5102 � B h Ferman Subscribed and sworn to before e this 17th day of July, 1989. Notary Public nniv�ni x �,��J°�� .sr�r� z�.cROw� � "'�'�'�NOTARY PUBLIC—!�1?NNES�TA � ` ��`<�,� NENNEPIN COUiVTY i My Commission Expires Mar. 10, 1993';� irw vi� _ . �'q "! �=' ,� `1,`�x ZONING CODE §62.102 .'e". (p) On thase lots or parcels, or por ion of lots hereafter be erected, constructed, or altered and or parcels, which are located dir ctl across maintained, and no new use or change shall be a street or abut a side or rear lot line in made or maintained of any building,structure,or any use district other than an RC -1, I-1, land, or part thereof, except in conformity with I-2,I-3 or P-1 District,the requir d s tbacks the provisions of this code. from said abutting districts sha 1 b equal (Code 1956, § 62.101) to a minimum of one and one-hal (1 times the height of the buildings,exce t a noted Sec. 62.102. Nonconforming lots, noncon- in Section 63.103. forming uses of land, noncon- (q) Nonrequired front yards and al re uired forming structures and noncon- and nonrequired side and rear y rd shall forming uses of structures and be permitted to be used for off-st eet park- premises. ing. Loading and unloading sh 1 b per- mitted in all nonrequired side and ar ards. (a) Inten� It is the intent of this code to permit legal nonconforming lots, structures or uses ex- (r) A visual screen shall be provide on hose isting on October 25, 1975,to continue until they sides of the property used for ope st age, - �.e removed but not to encourage their survival. parking, service drives, loading an u load- It is recognized that there exist within the dis- ing or servicing and abutting la d ned for residential use.The type of vis 1 reen shall be determined by the plan in ad- ,,,.� ministrator. Such visual screen al not be less than four feet six inches 4'6 ) in f� height and may, depending on th i us- - trial operation, be required to be igh (8) feet in height, all subject to the eq ire- ments of "General Provisions," ec ion 62.107, "Visual Screens." (Code 1956, § 61.105; Ord. No. 17117, -22 84; Ord. No. 17204, 1-15-85; Ord. No. 172 , 3, 3-14-85; Ord. No. 17511, § 4, 11-12-87) Chapter 62.Zoning Code—General Pro sio s Sec. 62.100. Conflicting regulations. Whenever any provision of this code i pos s more stringent requirements, regulations, r str - tions or limitations than are imposed or re uir d by the provisions of any other law or ordi anc , then the provisions of this code shall govern. e - ever the provisions of any other law or ordi an impose more stringent requirements than i - posed or required by this code, then the rov - sions of such ordinance or law shall govern. (Code 1956, § 62.100) Sec. 62.101. Scope. ��_✓�� No building or structure, or part thereof, al Supp.No.6 92.1 , � ZO G CODE §62.102 tricts established by this code and subseq en deemed to be actual construction; provided, that amendments, lots, structures, and uses of an work shall be diligently carried on until comple- and structures which were lawful before this od tion of the building involved. was passed or amended which would be proh bit- ed, regulated or restricted under the terms of his �� Nonconforming lots. In any district in which code or future amendments. single-family dwellings are permitted,notwithstand- ing limitations imposed by other provisions of For the purposes of this section, "use" me ns this code, a single-family dwelling and customary the principal purpose for which land or a build ng accessory buildings may be erected on any single is being occupied. A use will be presumed leg lly lot of record at the effective date of adoption or nonconforming if it can be demonstrated by cl ar amendment of this code.This provision shall apply and convincing evidence that prior to Decem er even though such lot fails to meet the require- 13, 1976, the use was established, converted, or ments for area or width, or both, that are appli- enlarged and occupied pursuant to building r- cable in the district; provided, that yard dimen- mits issued by the City of Saint Paul; or if it n sions and other requirements not involving area be demonstrated by clear and convincing evide ce or width, or both, of the lot shall conform to the that the particular use had been in existence c n- regulations for the district in which such lot is tinuously for twenty(20)years prior to Decem er located. Yard requirement variances may be ob- 13, 1976. The burden of proof shall be on t e tained through approval of the board of zoning property owner. appeals. Such uses are declared by this code to be n- If three (3) or more lots or combinations of lots compatible with permitted uses in the distri ts and portions of lots with continuous street front- :�:;r';� <,, involved. It is further the intent of this code t at age in single ownership are of recoru on the effec- nonconformities shall not be enlarged upon, x- tive date of this code or amendments thereto, and panded or extended, nor be used as grounds r if all or part of the lots do not meet the require- adding other structures or uses prohibited el e- ments for lot width and area as established by where in the same district. A nonconforming u e this code, the lands involved shall be considered of a structure, a nonconforming use of land, o a to be an undivided parcel for the purpose of this nonconforming use of a structure and land sh 11 code,and no portion of said parcel shall be used or not be extended or enlarged after passage of t 's occupied which does not meet lot width and area code by attachment on a building or premises f requirements established by this code, nor shall additional signs intended to be seen from off t e any division of the parcel be made which leaves premises, or by the addition of other uses of a remaining any lot with width or area below the nature which would be prohibited in the distri t requirements stated in this code. involved. (c) Nonconforming use of land (without struo- To avoid hardship,nothing in this code shall tures). Where, at the effective date of adoption or deemed to require a change in the plans, co - amendment of this code, lawful use of land exists struction or d�signated use of any building o that is made no longer permissible under the terms which actual construction was lawfully begun prio of this code as enacted or amended, such use may to the effective date of adoption or amendment be continued,so long as it remains otherwise law- this code and upon which actual building constru ful, subject to the following provisions: tion has been diligently carried on. Actual co (1) No such nonconforming use shall be enlarged struction is hereby de�ned to include the placin or increased,nor extended to occupy a greater of construction materials in permanent positio area of land than was occupied at the ef�'ec- and fastened in a permanent manner;except tha tive date of adoption or amendment of this where demolition or removal of an existing build code; ing has been substantially begun preparatory t (2) No such nonconforming use shall be moved - rebuilding, such demolition or removal shall b in whole or in part to any other portion of ,__- Supp.No.3 '59 , � §62.102 L IS TNE CODE the lot or parcel occupied by such us at (e) Nonconforming uses of structures and land the effective date of adoption or amen nt If a lawful use of a structure, or of structure and of this code; land in combination,exists at the effective date of (3) If such nonconforming use of land cea es adoption or amendment to this code, that would for any reason for a period o not be allowed in the district under the terms of days or more, any subsequent use of s ch this code,the lawful use may be continued so long land shall conform to the regulations sp i- as it remains otherwise lawful, subject to the.fol- �ed by this code for the district in whi h lowing provisions: such land is located; (1) No existing structure devoted to a use not permitted by this code in the district in (4) Any land on which a nonconforming use 's which it is located shall be enlarged, ex- superseded by a permitted use shall ther - tended, reconstructed, moved or structur- 'after conform to the regulation for the di - ally altered except in changing the use of trict in which such land is located and t the structure to a use permitted in the dis- nonconforming use may not thereafter trict in which it is located. resumed. (2) Any nonconforming use may be extended (d) Nonconforming structures with conformin throughout any parts of a building which use. Where a lawful structure exists at the effec were manifestly arranged or designed for tive date of adoption or amendment of this cod such use, and which existed at the time of that could not be built under the terms of thi adoption or amendment of this code,but no code by reason of restrictions on area, lot cover such use shall be extended to occupy any age, height, yards,nr other characteristics of the land outside such building. structure or location on the lot, such structure ,�:r*.,- may be continued so long as it remains otherwise �3) If no structural alterations are made, any ::� :� lawful sub'ect to the followin nonconforming use of a structure or struc- , � g provisions: ture and land, may be changed to another -" �' (1) Such structure may be enlarged or altered nonconforming use of the same or a more so long as such enlargement or alteration restricted classi�cation; provided, that the does not increase its nonconformity. Acces- planning commission,either by general rule sory buildin�s may be added so long as or by making findings in a specific case, they conform in all respects to the require- shall find that the proposed use is equally ments of Chapter 61,Schedule of R.egulations. appropriate or more appropriate to the dis- (2) Should such structure be destroyed by any trict than the existing nonconforming use. means to an extent of more than sixty (60) In permitting such change, the planning percent of its replacement cost,exclusive of commission may require appropriate con- ditions and safeguards in accord with the the foundation, at the time of destruction, purpose and intent of this code. Where a it shall not be reconstructed except in con- nonconforming use of a structure, land or formity with the provisions of this code. structure and land in combination is here- In the case of the River Corridor, if any after changed to a more restrictive classifi- such structure is destroyed by any means cation, it shall not thereafter be changed to an extent of more than fifty (50)percent by the planning commission to a less re- of its market value at the time of destruc- stricted classification under this clause. tion, it shall not be reconstructed except in 4) Any structure, or structures and land in conformity with the provisions of this code. combination, in or on which a nonconform- (3) Should such structure be moved for any ing use is superseded by a permitted use, reason for any distance whatever, it shall shall thereafter conform to the regulation thereafter conform to the regulations for for the district in which such structure is the district in which it is located after it is located, and the nonconforming use may moved. not thereafter be resumed. - Supp.No.3 ,.i�'� 594 ��- / 7 � � ZONING CODE §62.102 (5) When a nonconforming use of a s ru ure, (9) In any residential district, an existing green- or structure and land in combi ati , is house shall not be nonconforming as to use discontinued or ceases to exist r hree of structure and land, and may be enlarged, hundred sixty five(365)days, the ru ure, extended, reconstructed or altered; provid- or structure and land in combinati n, hall ed, that the minimum standards for the thereafter be used in conformance it the district in which it is located are met. regulations of the district in wh ch t is � located, unless the planning com is ion, (10) Existing auto body shops located in zones pursuant to a public hearing,finds ha the other than industrial zones shall be con- structure, or structure and land i co bi- sidered,for purposes of changes in noncon- nation, cannot reasonably or econ mi lly forming uses, as B-3 uses. be used for a conforming purpose, hat the (11) Exception. The planning commission may proposed use is equally appropriate r ore grant legal nonconforming status to uses appropriate to the district than th p vi- or structures which fail to meet the stand- ous nonconforming use, and that he ro- ards of this section if, following a public posed use is consistent with the heal h,s e- hearing, the planning commission makes ty, morals, and general.welfare of t e c m- the following findings: (1) the use occurs munity and is consistent with the ea n- � entirely within an existing structure; (2) able use and enjoyment of adjacent p ope y. the use is similar to other uses permitted Where a nonconforming use of a str ct re, within the district; (3) the use is appropri- land, or structure and land in comb nat on ate and is consistent with the general wel- is hereafter changed to a more res ict ve fare of the community and the enjoyment ;�-�4. classi�cation, it shall not therea er be of adjacent property;(4)the use has been in ' `� -�' changed by the planning commissi n t a existence for a period of at least ten (10) "'.;;��;;'�� less restrictive classification under this la . years prior to the application to the plan- (6) Where nonconforming use status ap lies to ning commission; (5) the off-street parking a structure and land in combinati n, e- is adequate to serve the use; (6) the use is moval or destruction of the structur sh 11 in substantial agreement with the compre- eliminate the nonconforming status of t e hensive plan; (7) hardship would result if land. the use were discontinued;(8)rezoning the property would result in"spot zoning"or a (7) In any OS-1, B-1, B-2, B-3, I-1, or P- D - zoning inappropriate to surrounding land trict, existing residential uses shall ot e uses; and (9) that a notarized petition of nonconforming as to use of structur a d two-thirds of the property owners within land and may be structurally enlarg d, e - one hundred (100) feet of tl-�e property has tended, reconstructed or altered pr id d been obtained stating support of the use. no additional dwelling units are add d The planning commission may attach other the lot, and provided that the min u conditions to ensure the public welfare. requirements of the R-4 District are et. 'Phe applicant shall present the petition, (8) In any R-1, R-2, R-3 and R-4 Distri , a evidence of a ten-year period of existence, existing two-family residential use sha 1 n and evidence that conversion of the use be nonconforming as to the use of stru tur and structure would result in hardship.The and land, and may be enlarged, exte de applicant shall provide floor plans and other reconstructed or altered provided the i information as required to substantiate his imum yard setback requirements of the T- case. District are met and that the maxi u (12) Exception. The planning commission may percentage of the lot occupied by the ai permit the expansion of a nonconforming -•�-.�:._ building does not exceed that allowed. use if, following a public hearing, the plan- � ':��r' $upp.No.3 595 } i . §62.102 LEGISLA E ODE - ning commission makes the following find- c t alterations to structures made pursuant to ings: (1) the expansion is accessory to the t e authority of authorized agencies of the state principal use and will not result in an ex- o federal governments and alterations reasonably pansion of the principal use; (2)the expan- d ne under emergency circumstances to preserve sion will allow the continuance and improve- o protect life or property.The term "major alter- ment of a use which is compatible with the a on" dces not include reasonable repair or main- adjacent property and neighborhood; (3) off- te ance. All alterations, repairs and maintenance street parking is provided for the principal s all be performed in accordance with the stand- use and expansion which meets requirements s prescribed in this code and applicable state of Section 62.103 for new structures; (4) a la s pertaining to floodplain management; and notarized petition signed by two-thirds of a y alterations, repairs or maintenance shall be the property owners within one hundred a omplished so as not to increase the flood dam- (100) feet of the subject property has been a potential or increase the degree of obstruc- obtained; and(5)a rezoning would be inap- ti n to flood flows. propriate and result in a "spot" zoning. (C de 1956, § 62.102; Ord. No. 16908, 4-20-82; The planning commission may impose other O d. No. 16956, 9-9-82; Ord. No. 17038, 7-5-83; conditions to insure the general welfare. O d. No. 17116, 3-22-84; Ord. No. 17204, 1-15-85; The applicant shall present the petition and O d.No. 17524, §§ 21-23, 1-6-88) evidence of the accessory nature of the pro- posed expansion and parking provisions. c. 62.103. Parking requirements. (fl Repair and maintenance. On any building a) Off-street parking. Except in a B-4 or B-5 devoted in whole or in part to any nonconforming D' trict,off-street parking spaces shall be provided use, work may be done in any period of twelve in all districts at the time of erection, enlarge- (12) consecutive months on ordinary repairs, or � nt or expansion of all buildings in accordance on repair or replacement of nonbearing walls,fix- �'� h the requirements of this section. Before a �°�� tures, wiring, or plumbing, to an extent not ex- ce ificate of occupancy shall be issued,the num- ceeding fifty (50) percent of the current replace- be of off-street parking spaces provided shall be ment cost of the building;provided,that the cubic as hereinafter prescribed. content of the building as it existed at the time of ) Site plan required No off-street parking fa- passage or amendment of this code shall not be cil ty shall be established, nor shall any existing increased. u mproved lot be paved, unless and until the Nothing in this code shall be deemed to prevent pl nning commission has approved a site plan for the strengthening or restoring to a safe condition th facility meeting the standards and regulations of any building or part thereof declared to be co tained in this section, Section 62.104 and Sec- unsafe by any official charged with protecting the tio 62.108.Site plans for one-to four-family dwell- public safety upon order of such official. in units may be approved by the zoning admini- st tor. . (g) Change of tenancy or ownership. There may be a change of tenancy, ownership or manage- ( ) Enlargement or expansion of existing build- ment of any existing nonconforming uses of land, in . When existing buildings are enlarged or structures,and premises and nonconforming struc- w n uses are expanded within an existing build- tures with conforming uses provided there is no in into an area previously excluded from usable change in the nature or character of such noncon- flo r area,off-street parking shall be provided for forming use or structure. th additional usable floor area in accordance with th requirements of this section, unless the exist- (h) Major alterations. No major alteration of in off-street parking, after the enlargement or legal structures or uses which have been made nonconforming by the adoption of Chapter 65(flood- plain zoning regulations) shall be permitted ex- " - Supp.No.3 - ` �_�� 596' ,: . f:%�"' Z N G CODE §62.103 expansion, meets the requirements that this s c- an exception permitting the dual function tion would impose on new buildings for all fac li- of off-street parking spaces. ties, structures or uses served by such off-str et �5) Whenever access to the handicapped is re- parking. quired by Chapter 55 of the Minnesota State (d) Change in use of structures. When an ex' t- Building Code, at least one space per fifty ing structure changes to a use which requi es (50) spaces, or fraction thereof, shall be pro- thirty(30)percent or more parking than the p e- vided for the use of the handicapped. Each vious use, off-street parking, over and above t at space reserved for the exclusive use of the actually provided for the previous use, shall be handicapped shall be designated by an in- provided in the amount of the difference betw en ternational wheelchair symbol. the two (2). New uses which result in a requ' e- �6� �e storage of inerchandise or trucks, the ment of five(5)spaces or fewer shall be exemp . repair of vehicles,or the business of selling (e) Change in use of parking areas. Designa ed merchandise is prohibited in off-street park- or identifiable existing off-street parking fa li- ing areas. ties,accessory to one or more principal uses,st c- �7� When any land or building is used for two tures or facilities,may be changed to another se (2) or more distinguishable uses, or when when the remaining off-street parking meets he � or,�,ners or managers of a group of buildings requirements that this section would impose on in a contiguous area wish to provide park- new buildings for all facilities,structures or u es, ing cooperatively through a shared park- including the new use. When the remaining ff- ing agreement, the planning commission street parking does not meet such requireme ts, �ay approve a shared off-street parking _ _ other off-street parking shall be substituted for facility permit. The number of off-street � ; the parking space changed to another use, nd spaces required to serve the combination of �;'z:;�;:�_:..� additional off-street parking shall be provided for all uses shall be determined in accordance - the new use in accordance with the requirem ts �,vith this section. The uses to which this of this section. section may be applied are: Office, retail, (� Rules for computing required parking: restaurant, cinema, residential, and/or hotel. The methodology used to determine the min- (1) For the purpose of computing the nu er imum number of shared off-street spaces of parking spaces required, the de�ni ion shall be the department of planning and of "usable floor area" in Section 60. 06 �nomic development's current shared park- shall apply. ing computer program, which is based on (2) When units or measurements determi ing the Urban Land In�titute's (ULI) Model the number of required parking space re- Shared Parking Program. All mixed use sult in the requirement of a fractional sp ce, developments using this section shall meet any fraction up to and including one- al the standards and requirements of the PED shall be disregarded,and any fraction ver shared parking program subject to site plan one-half shall require one parking spa e. approval as hereinafter set forth and ex- (3) Except as provided in subsection(7)be ow, cept as otherwise amended herein.The fol- two (2) or more buildings or uses may col lowing conditions shall apply to any shared lectively provide the required off-street k P�'king facility for mixed uses: ing, in which case the required numb r o a. All requirements and conditions imposed parking spaces shall not be less than th upon the shared parking facility shall sum of the requirements of the indivi ua be recorded on the abstracts or certifi- uses computed separately. cates of title of the land upon which the facility is located and on the titles (4) When operating hours of buildings d no and lease agreements of the uses shar- overlap,the planning comrnission may an _ .4y � Supp.No.l 597 ,-,��, / � f;`/,_ /�_ , "� 1 1 l $62.103 LE IS TNE CODE ing the facility and shall serve a no occupancy pernut for the new or changed tice to all subsequent purchasers o the uses shall be issued without such ap- existence of the shared parking f cil- proval from the planning commission ity and all requirements associated t ere- unless additional off-street parking with, spaces are provided in accordance with b. Each use in the mixed use develop ent subsection(6)above.The applicant,its shall be within five hundred(500) eet successors and assigns,shall certify on of the shared parking facility,meas ed demand in writing to the planning ad- from the nearest point of the buil ing ministrator and zoning administrator in which the use is located to the n ar- that the mixed use development and est point of the shared parking facil ty. shared parking facility continue to com- c. Parking spaces reserved on a twe ty- ply with the provisions of this section, four-hour basis cannot be shared d the conditions of site plan approval and may not be included in the mini um any covenants, agreements or bonds space requirements for the shared p k- executed in conjunction therewith;that ing facility. no substantial physical or operational d. All uses and buildings comprising he changes have been made to the mixed mixed use development, whether ew use development or shared parking fa- or e�cisting, must be included in d r- cility;and that no intensification of uses mining the parking requirement er has occurred. this section. h. The month of the year that results in e. All applications and plans for sh ed the greatest demand will be used to parking facilities shall be submi ed determine the m;n;T►,um number of park- for site plan review in accordance ith ing spaces required. The planning com- Section 62.108 of this code.All prop ed mission may modify the standard as- uses for the mixed use developm nt, sumptions(percent auto usage,patrons - together with all parking spaces nd outside hotel, captive market retail, access drives,shall be clearly design d noncaptive market—nonretail, and non- on the site plan.Landscaped areas s all captive market residential) if the ap- also be designated, and proposed t ee plicant provides proof of one or more af and shrubbery plantings shall be e- the following: - scribed. The commission may att ch 1. The location within �ve hundred such additional conditions to appro al (50Q) feet of the mixed use devel- of the site plan as are reasonable nd opment of other parking facilities necessary to prevent any adverse m- whose peak periods of use do not pact upon nearby streets or propert s. conflict with those of the proposed f. Spaces designated for the handicap ed mu:ed use development or which shall be provided in accordance w th have excess parking spaces; the provisions of Chapter 55 of the - 2. For office uses, a ride sharing pro- nesota State Building Code, "Facili es gram,when the applicant submits for the Handicapped." evidence that it will organize and g. Af�er a shared parking facility has b en coordinate a viable ride sharing approved, any subsquent change, d- program. The applicant may be re- dition or deletion in the original mi ed quired to submit covenants or other land uses or change in intensity of s ch appropriate instruments, .in re- uses requiring more than five(5)ad i- cordable form, to ensure that the tional spaces shall require permit e- applicant and its successors and view and approval by the planning assigns will continue to unplement mission. No special condition use or the ride sharing program. Per- Supp.No.l . ' 98 , . ZONING CODE §62.103 formance bonds may a so e re- of the mixed use development, suf- quired where appropriat' ;o ficient to provide additional park- 3. Reservation by the ap ica t by ing spaces equivalent to the num- way of covenant or oth r i stru- ber of spaces being reduced for a � ment in recordable form f la d or period of not less than five(5)years. space within five hundred 50 feet (g) Parking requirements by use. Exc pt s provided in Section 60.574, the minimum number of off-street parking spaces by type of use s all e determined in accordance with the following schedule: Minimum Number of Parking Spaces Per Use Unit of Measure (1) RESIDENTIAL (a) Residential One and one-half(11/z)for each dwelling unit. (b) Housing for the elderly One for every three (3) units; provided there is space available on the lot to meet the one and one-half (l�) space requirements for multiple family. (c) �ailer court One for each trailer site and one for each em- ployee of the trailer court. (d) Boardinghouse Two (2)for each dwelling unit plus one for every , two(2)roomers. (e) Bed and breakfast residence in•reside tia One and one-half(11/z)for each dwelling unit and districts one for each bed and breakfast unit up to and including three(3)guest rooms. (2) INSTITUTIONAL (a) Churches or temples One for every three (3) seats or six (6) feet of pews in the main unit of worship. (b) Hospitals One and one-half(11/z)for each hospital bed. (c) Nursing home or boarding care home One for every two(2)beds. (d) Elementary and junior high schools One for each teacher, employee or administrator. (e) Senior high schools One for each teacher, employee or administrator and one for every ten(10)students. (� Private clubs or lodge halls One for every �three (3) persons allowed within the maximum occupancy load as established by local, county'or state fire, building or health codes. (g) Private golf clubs,tennis clubs or other One for every two (2) member families or indivi- similar uses. duals. (h) Golf courses open to the general public Six (6) for each golf hole and one for each em- except miniature or"par 3" courses ployee. . �; Supp.No.l 59 �' 9-- � �{�'� §62.103 LEGISLAT E ODE " Minimum Number of Parking Spaces Per Use Unit of Measure (i) Fraternity or sorority O e for every five (5) active members, or one for e ery two(2)beds,whichever is greater. (j) Stadium, sports arena or similar place of e for every three (3) seats or six (6) feet of outdoor assembly b nches. (k) Theatres and auditoriums e for every five (5) seats plus one for every t o(2)employees. (1) College,university or seminary ne for every three(3)employees and members of t e staff and either one for every three (3) full t e students not residing on campus or one for e ery three (3) part-time students, whichever is eater. (m) Dormitory ne.for every three(3)beds. (n) Community residential facilities ne for every two (2) group home residents al- 1 wed by this code. (o) Missions. ne for every five(5)occupancy units. (p) Indoor tennis courts open to the general hree (3) spaces for each tennis court and one public. ace for each employee. _ (3) BUSINESS AND COMMERCIAL _. (a) Auto laundry(auto wash) ne for each employee. In addition, twenty (20) eservoir parking spaces shall be provided. (b) Beauty parlor or barber shop ree(3)spaces for each of the�rst two(2)beauty r barber chairs,and one and one-half(1�i)spaces r each additional chair. (c) Bowling alleys ive(5)for each bowling lane. (d) Dance halls, pool or billiard parlors, roller ne for every three (3) persons allowed within or skating rinks, exhibition halls, and as- he m�imum occupancy load as established by sembly halls without fixed seats. ocal, county or state �re, building or health odes. (e) Establishments for sale and consumption ne for every one hundred (100) square feet of on the premises of beverage, food or re- sable floor area. freshments (f) Furniture and appliance, household equip- ne for every eight hundred (800) square feet of ment, repair shops, showroom of a plumber, ble floor area. decorator, electrician, or similar trade, shoe repair and�ther similar uses (g) Automobile service station o (2) for each lubrication stall, rack or pit; nd one for each gasoline pump. (h) Laundromats and coin-operated dry cleaners One for every two(2)machines. . - - Supp.No.1 �: . , ZONING CODE §62.103 Minimum Number of Parking Spaces Per Use Unit of Measure (i) Miniature or"par 3" golf courses Three (3)for each hole. (j) Mortuary establishment One for every �fty (50) square feet of assembly room usable floor area, parlors and slumber rooms. (k) Motel, hotel or other commercial odg ng One for each occupancy unit. establishments. (1) Motor vehicle sales and service es abl' h- One for every two hundred (200) square feet of ments usable floor area of sales room and one for each auto service stall in the service. (m) Retail stores except as otherwise s ci ed One for every one hundred fifty (150) square feet herein of usable floor area. (n) Theatres and auditoriums , One for every�ve(5)seats plus one for every two E2)employees. (o) Bed and breakfast residence in com erc al One and one-half(11/z)for each dwelling unit and districts one-half for each guest room. (4) OFFICES (a) Banks One for every one hundred (100) square feet of usable floor area. (b) Business offices or professional offi s - One for every two hundred (200) square feet of cept as indicated in the following ite (c usable floor area. (c) Professional offices of doctors, denti ts r One for every one hundred (100) square feet of similar professions usable floor area in waiting rooms, and one for each examining room,dental chair or similar use area. (5) INDUSTRIAL (a) Industrial or reseazch establishmen Five(5), plus one for every one and one-half(1'/z) employees in the largest working shift,or one for every three hundred fifty (350) square feet of usable floor area, whichever is determined to be the greater. Space on site shall also be provided . for all construction workers during periods of plant construction. (b) Wholesale establishments Five(5)plus one for every employee in the largest working shift,.or one for every one thousand seven hundred (1,700) square feet of usable floor area, whichever is greater. ;\`:. -/y. - Supp.No.3 00.1 � � � !`�' � Y � §62.103 LEGISL TIV CODE (h) Parking requirements for other uses. For those � (2) Parki.ng facility location; residentiaL Resi- uses not specifically mentioried in paragraph (g), dential off-street parking shall consist of the requirements for off street parking shall be in an off-street parking facility or parking spaces accordance with a use which the planning com- as defined in this code. Parking spaces for mission considers as similar in type. When the one-and two-family dwelling units shall be planning commission determines that there is no ' located on the same zoning lot that they use listed in paragraph (g) which is similar to a are intended to serve. Parking spaces for petitioning use, the planning commission may de- buildings containing three(3)or more dwell- termine the minimum number of parking spaces ing units shall be on the same zoning lot, required for such use. in a P-1 zoning district, or in an abutting (Code 1956, § 62.103; Ord. No. 16799, 5-28-81; zoning lot in the same or less restrictive Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; aoning district. Ord. No. 17205, 1-15-85; Ord. Na 17330, § 2, 2-18-86; Ord. No. 17393, § 5, 9-4-86; Ord. Na �3) Parking facility locatiory nonresidentiaL Off- 17470, §§ 2,3,7-1-87; Ord. No. 17524, § 24, 1-6-88) street parking for other than residential use shall be either on the same zoning lot, Sec. 62.104. Off-street parking facility stan- in a P-1 Vehicular Parking District,or within dards and design. the same or a less restrictive zoning dis- � trict as the principal use and within three Wherever the off-street parking requirements hundred (300) feet of the building it is in- in Section 62.103 require the building of an off- tended to serve,measured from the nearest street facility or where P-1 Vehicular Parking point of the building to the nearest point of Districts (Section 60.720) are provided, or where the off-street parking lot. . any off-street parking facility is built, such off- � ::*, street parking facilities shall be laid out,coristructed �4� Minimum layout dimensions: ..::, and maintained in accordance with the following Parking Parking Maneuvering �� ;' standards and design: , Sp�e sp�ce Lane ° Pattern Width - Length Width (1) Site plan review. A site plan shall be sub- Parallel mitted for review as outlined in Section Parking 8 ft. 21 ft. 12 ft. .�62.108. In addition, the following shall be 30°-530 8 ft.,6 in. 18 ft. 12 ft. - 54°-74 8 ft.,6 in. 18 ft. 15 ft. . .submitted: 75°•90° 9 ft. 18 ft. 20 ft. a. Ownership of all lots or parcels intended for use as parking. b. Indication of all structures or facilities +�- � to be served by the off-street parking , t _ . facilitY• _ ,�• >,. / '`; �d c. Location and direction of drainage for � / stormwater runoff. • Applications for building permits that in- "' volve changing any parking space to"an- other use shall include the following infor= � mation: _ • � (i)� All uses,structures or facilities served by such off-street parking spaces; so°-53° (ii) Total number of parking`spaces acces- sory to such uses,structures or facilities; Parallel (iii) Number of parking spaces proposed to be changed to another use. Supp.No.3 < • ``-`- 600. , � �u NI Q CODE g 62.104 �..� sa `—�a' a. Entrances and exits to and from the � ,�. ;• parking facility on residentially zoned „• ` land shall not be across land in a more restrictive residential zoning district. b. Entrances and exits to and from a park- � ing facility in a commercial or indus- trial zoning district shall not be across sa°-�4° ��-so° land in a residential or office service district. c. Entrances and exits to and from all parking facilities located in land zoned other than R-1 through R-4, RT-1, and (5) Compact spaces. Accessory parking f cili RT-2 shall be at least twenty-five (25) ties may designate up to fifty (50) pe en feet from any adjoining property in R-1 of the spaces for compact cars only,in hic through R,-4, RT-1 and R.T-2 zoning case,the minimum layout dimensions ma districts. be reduced to eight (8) feet width an s' d. Entrances and exits to and from a park- teen(16)feet length. ing facility shall be at least thirty(30) feet from the point of intersection of Commercial parking facilities may esi - curblines of two (2) or more intersect- nate any number of compact parking ace . ing streets. (6) Handicapped spaces. Parking spaces f r t (10) Wheel stops. Provisions shall be made by handicapped shall be not less than t el K� _ :, use of such devices as curbs, wheel stops „, (12)feet in width and shall be located so s °-�__�;�-� to provide accessibility to ramps,elev tor , and earth berms to prevent vehicles from �� sidewalks,buildings and other public gh - damaging or overhanging adjacent property of-way in accordance with the provisi ns f or public rights-of-way. Chapter 55 of the Minnesota State uil - (11) Setback. Except as otherwise provided in ing Code,Facilities for the Handicap ed. Section .60.573(3) or Section 61.103(a) off- (7) Maneuvering lanes. Except as provi ed n street parking spaces shall not be within a paragraph (8)of this section, access o a y required front or side yard and shall be a parking space for a use other than e- r minimum of four(4)feet from any side lot twafamily structures shall be provi ed y line. a maneuvering lane. All off-street p ki g (12) Visual screening. For off-street parking fa- facilities shall be designed so that y e- cilities which adjoin or abut across an alley, hicle leaving or entering the facilit fr m a residential use or zoning district,a visual or onto a public street shall be tr eli g screen shall be provided and maintained, forward. , as required in Section 62.107. (8) Stacked parking. Stacked parking s all e (13) I.andscaping.For any parking facility,other allowed in any off-street parking acil ty than a parking garage, landscaping shall whenever an attendant is.present. Sp ce be provided to buffer the facility from adja- for any maneuvering of vehicles ust be ` cent prqperties and frnm�the public right- provided in the attended parking fa ilit . of-way; reduce the visual, glare and heat (9) �Entrances and exits. Adequate en ra es effects of large expanses of pavement; and and exits to and from tlie parking aci 'ty Provide areas for the retention and absorp, shall be provided"by means of cle ly e- tion of stormwater runoff. .. " fined and limited drives. • � _ . - �,'�y�'� Supp.No.6 _ �1 . � � $62.104 L GI TNE CODE All required yards and any underdevel pe Sec. 62.105. Off-street loading and unloading. space shall be landscaped using mate ial On the same premises with eveiy building, struc- such as trees, shrubs, sod or groundc ve ture or part thereof involving the receipt and dis- plants. In addition to perimeter land ap tribution of vehicles, materials, merchandise, sup- ing, parking lots for more than fifty (50 plies or equipment, there shall be provided and cars shall contain planted islands.As a in- maintained on the zoning lot, in addition to zon- imum, one square foot of landscaped rea ing off-street parking requirements, adequate space shall be provided for every ten (10) sq are for maneuvering, standing, loading and unload- feet of paving. Any landscaped areas s all ing in order to avoid undue interference with pub- be planted and maintained in accorda ce lic use of dedicated rights-of-way. Such space shall with Section 62.109. be provided as follows: (14) Maintenance All areas of all off-street p k- (1) All spaces shall be laid out in dimensions ing facilities shall be kept free from ref se of at least ten by fifty feet (10' by 50') or and debris. �ve hundred(500)square feet in area,with (15) Pauing. All parking spaces and off-str et a clearance of at least fourteen (14)feet in parking facilities shall be paved with s- height. Loading dock approaches shall be phalt or other durable, dustless surfaci g provided with a pavement having a per- in accordance with other specifications of manent, durable and dustless surface. All the zoning administrator. The parking ar a spaces shall be provided in at least the fol- shall be paved within one year of the da e lowing ratio: of the permit except as provided in Secti n Loading and Unloading 62.108(�. Space Required in _ Gross Floor Area Terms of Square Feet o f (16) Lighting. All parking facilities shall be - (In Square Feet) Gross Floor Area luminated to a level to allow safe, secu e - access to the parking facility and within i . 0-1,400 None All parking facility illumination shall co - 1,401-20,000 One space form to the provisions of Section 62.110. 20,001-100,000 One space plus one (17) Stormwater runof�' Off-street parking facil space for each 20,000 ties stormwater drainage into public se square feet in excess of ers shall be controlled so that peak storm 20,001 square feet water discharge rates from the site for al 100,001 and over Five(5)spaces storms up to and including the critica 100-year frequency will not exceed: (2) No off-street loading.space shall be located in any yard adjoining any residential use Q=1�.64 x A where Q = the m�imum or zoning district. acceptable discharge rate in cubic feet (3) Space shall be provided within the of�street per second and A = the site area in loading area so that any maneuvering back acres. into or out of a loading space can be con- Parking facilities shall be designed so that ducted outside of any public right-of-way. discharge of all stormwater runoff and sur- (Code 1956, § 62.105; Ord. No. 16799, 5-28-81) face water shall be in a fashion so as to ' preclude drainage of water onto adjacent c. 62.106. Aecessory buildings. property or toward buildings. Accessory buildings, except as otherwise pro- (Code 1956, § 62.104;.Ord. No. 16799, 5-28-81; ided in this code, shall be subject to the follow- Ord. No. 17062, 10-20-83; Ord. No. 17204, 1-15-85; ` � Ord. No. 17524, §§ 25, 26, 1-6-88) ng regulations: �, -:s: � Supp.No.6 , . 6 2=. . �.�: l y�' i - % `��` � �, '\ ZONING CODE 4 62.107 (1) When the accessory building is st ct ally � housing of motor vehicles or for accessory attached to a main building, i ' sh 11 be recreation use shall not exceed three (3) subject to, and must conform to, 11 r gula- stories and thirty(30)feet in height. tions of this code applicable to main bui 'ngs. �4) Accessory buildings on a zoning lot may (2) Accessory buildings,structures or use shall occupy up to thirty-five (35) percent of the not be erected in or establishe in a re- rear yard. R.ear yards which adjoin alleys � quired yard except a rear yard. may include half the area of the alley to On corner lots, accessory buildi gs, struc- calculate the area of the rear yard which ture5 or uses shall be set bac ' fro the may be occupied by accessory buildings. street a distance equal to that o th prin- On zoning lots containing one-and two-family cipal structure. dwellings, accessory buildings shall not oc- cupy more than one thousand(1,000)square When an accessory building, st uc re or feet of the zoning lot. On zoning lots con- use is constructed in a rear y rd which taining all other uses, accessory buildings adjoins a side yard or front yard th acces- may occupy the same percent of the zoning sory building, structure or use s all be set lot as main buildings are allowed to occu- back from the interior lot line d' tance py, as specified in tables in Sections 61.101, equal to the minimum side yar r uired 61.103, 61.104 and 61.105. in the district in which located. Accessory structures shall not exceed the On all other lots, accessory buil ing shall buildable area of the principal structure. be set back at least three (3) fe t f m all �5) In those instances where the rear lot line , :� interior lot lines. or a side lot line is coterminous with the , ,_<;i _;,�= This setback requirement of th ee ) feet alley right-of-way, the accessory building � from all interior lot lines shall be aived shall not be closer than one foot to such when � maintenance easement s r orded rear lot lines. on the deeds of all affected pro ert' s and �6) On through lots, where frontage is clearly when proof of such recorded e se ent is established within a given block,rear yard provided at the time of applic tio for a setbacks shall be equal to the side yard building permit. The recording th main- setback of the district in which located. tenance ea�ement shall be int rpr ted to mean that the following inten s a d pur- (7) Accessory buildings shall be located at least poses of this setback requireme t a e met: six (6) feet from the principal structure or a. Adequate supply of sunlig a air to shall be considered attached for purposes adjacent property; of the Zoning Code. b. Sufficient space for mainte anc of the (Code 1956, § 62.106;Ord.No. 17038,7-5-83;Ord. building from the same lot an No. 17204, 1-15-85; Ord. No. 17476, § 1, 7-15-87; c. Prevention of damage to adj ini g prop- Ord. No. 17511, § ?, 11-12-87; Ord. No. 17524, §§ erty by fire or runoff from oof . 27,28, 1-6-88) (3) Accessory buildings in any resi ent 1 area, except in the RM-2,RM-3 or RC -1 ultiple- �c. 62.107. Visual screens. Family Residential District, s all not ex- ceed one story and fourteen(14)f t i height; (a) Wherever a visual screen is required by this provided,however,that such b Idi gs used code,it shall be of sufficient height and density to for the housing of passenger m tor ehicles visually separate the screened activity from adja- may exceed fourteen(14)feet i he ght but cent property. The screen may consist of various _ shall not exceed eighteen(18)fe t i height. fence materials,earth berms,plant materials or a In an RM-2,RM-3 or RCR-1 Di tri ,acces- combination thereof. � �` sory buildings or structures sed for the r �j Supp.No.6 sos �62.10? LEGISL�i'TIVE CO - (b) Whenever visual screens are required, for . (Co e 1 56, § 62.107; Ord. No. 16799, 5-28-81; the uses below,the following standards shall apply. Or . N . 17204, 1-15-85) (1) Height regulations: Se . 6 .108. Site plan review (all districts). Maximum ) lan to be subacitted. A site plan shall be Minimum Height for, S Illl ted to and approved by the planning com- l,'sP Height Walls/Fences m ssi n before a permit is issued for gradin or g Off-street parking 4 ft.s;n. s.5 ft. t e e ection or enlargement of usable floor area Outdoor storage s ec. — f r a y development except one- and two-family Junkyaid 8£t. — el ings, but including the following: Hospital, ambulance and delivery areas s R. s fc. (1 Any development of one- and two-family Ucilicy buildings, sta- residences which together exceed two (2) tions and substations s£t. 8 ft. acres(87,120 square feet)in area. (2) Visual screens shall be located completely within the lot line. ( ) All residentially related uses in one-family districts,such as,but not limited to,churches, (3) Visual screen locations shall conform with schools and public facilities. front yard setback lines in residential districts. ) Any industrial use in an I-1, I-2, I-3 or RCI-1 District abutting a residential district. (4) When mutually agreeable to all property 4� �y��yhich abuts to a major thoroughfare. owners involved, a required visual screen may be located on the opposite side of an (5) Any development on a slope of twelve (12) _ alley right-of-way from the nonresidential percent or greater. zone. Maintenance shall be the responsi- (6) Any development in the•River Corridor Crit- bility of the person required to erect the ical Area or in the Floodplain District ex- screen. cept one- and two-family dwellings which (5) The land between the screen and the prop- do not affect slopes of twelve(12)percent or erty line shall be landscaped and maintained greater. ' so that all p12nt materials are healthy and (7) All off-street parking facilities except as that the a.rea is free from refuse and debris. noted in Section 62.103(b). (6) Required screens shall have no opening (8) Any other use or development for which for pedestrians or vehicles except as ot the submission of a site plan is required by - erwise provided for in this code. any provision of this code. (7) Visual screens shall be maintained in a (9) Earth-sheltered structures. good state of repair. (10) Detached,freestanding facilities constructed . (8) In all cases where a required visu�l scre n on parking facilities, including,but not re- would extend to an alley or street whic is stricted to,kiosks,fotomats,banks and sim- an entrance to or exit from an off-str et ilar uses. parking facility, it shall be permissibl to end the visual screen not more than en �� Site plan application: (10)feet from such alley line or street ne. (1) Applications for site plan approval shall be (9) For multifamily structures with ten(1 )o made to the planning commission in such more units, off"ice, commercial and i du form as the commission may prescribe in trial uses, garbage dumpsters and ras its rules. containers shall be enclosed by a isu 1 (2) Said rules may provide for a dele�ation of screen. authority to the planning administrator of Supp.No.6 ��;,-_ 'r 604 �'-�i- �� ' �' �, �_ ZONING CODE §62.1OS (9) For multifamily structures with en 10)or more units, office, commercial nd ndus- trial uses, garbage dumpsters nd trash containers shall be enclosed b a isual screen. (Code 1956, § 62.107; Ord. No. 1679 , 5 28-81; Ord. No. 17204, 1-15-85) Sec. 62.108. Site plan review (all ' tri ts). (a) Plan to be submitted. A site pl n s all be submitted to and approved by the pla ni g com- mission before a permit is issued for a ing or � Supp.No.l '`.�:j� 604.1 - ��'j- /�`'% � ZONING OD §62.108 the City of Saint Paul of all powers and ) Sufficient landscaping, fences, walls and duties granted to the planning commission parking necessary to meet the above objec- under this Section, and such rules will be tives. filed with the off`ice of the city clerk. (d) Compliance and time requirements. The plan- (3) Application for site plan approval shall in- n ng commission may make such requirements clude ten (101 sets of plans with sufficient ith respect to the above matters as to assi:re detail to demonstrate that the plan com- c mpliance with them.When changes are required, plies with t'ie provisions of this code. e revised site plan shall be submitted within 'x (6) months from the date the applicant was (c) Site plan reuiew and approual. In order to oti�ed of required changes. The planning admin- approve the site plan, the planning commission strator may grant extensions.The property must shall consider and find that the site plan is con- e brought into compliance with the approved sistent with: ite plan within one year of the date of approval (1) �The city's adopted comprehensive plan and or as otherwise speci�ed by the zoning admini- development or project plans for sub-areas strator. of the city. (e) Reuiew of earth-sheltered structures. In re- (2) Applicable ordinances of the City of Sain viewing the site plan far earth-sheltered struc- Paul. tures, the planning commission shall, in addition (3) Preservation of unique geologic, geographi to the above objectives,consider: or historically significant characteristics f the city and envirorunentally sensitive are . �l) `I�pe and location of landscaping to ensure maximum compatibility with adjacent above- __ (4) Protection of adjacent and neighboring pro grade housing. ;' ,�:; erties through reasonable provision for su h ' matters as surface water drainage, sou d (2) Proper safeguards for erosion control, in- and sight buffers, preservation of vie s, cluding,but not limited to, landscaping and light and air, and those aspects of des' seeding to topsoil. Slope and bluff locations which may have substantial effects on nei h- should be evaluated for their ability to with- boring land uses. stand crumbling or sagging. (5) The arrangement of buildings,uses an fa- (3) Proof of soil conditions which would not cilities of the proposed development in o der cause damage to adjacent users. to assure abutting property and/or it oc- cupants will not be unreasonably affec ed. (4) Proper drainage systems to handle storm- water runoff. (6) Creation of energ,y�onserving design thr ug landscaping and location, orientatio an (5) Minimum setbacks of four (4)feet shall be elevation of structures. required for all below-grade construction. (7) Safety and convenience of both veh' ul r Above-grade portions shall meet setback and pedestrian traff'ic both within t si e requirements of the district in which lceated. and in relation to access streets, inc di g (fj Security agreement. Before the site plan is tr�c circulation features,the locatio s a d approved, the applicant shall file a performance design of entrances and exits and p rki g bond equal to the estimated cost, as determined areas within the site. by the planning administrator,to install required - (8) The satisfactory availability and c pa ty landscaping, paving, screening or items required of storm and sanitary sewers, inclu ing so- by special condition. Such performance bond shall lutions to any drainage problems in he be secured and filed with the planning adminis- area of the development. trator within three (3) months from the date the _;y'� _ =�`��'� Supp.No.3 605 §62.108 LEGISLATNE CO E applicant was notified of the intent to approve nes ta s provided in Appendix C to this Zoning the site plan. The planning administrator may Co e a d shall be regarded as suitable for pur- grant an extension. po es this code. Plant materials shall meet the Upon completion of the bonded work items, the fol ow' g standards: owner shall apply to the planning administrator 1) Minimum plant sizes(at time of planting): for final inspection.If the planning administrator finds that all installations meet the requirements Medium and large trees*-2'fi-inch caliper. of approved plans and specifications, the security Small trees-6 to 8 feet overall height. agreement shall be released. However, a security Shrubs-15 to 18 inches overall hei ht. agreement for landscaping shall be effective and g held for one year after completion of the work in *Shall be balled and burlapped stock. order to ensure that such landscaping will sur- �2 Wherever plant materials are used to sat- vive. If improvements are not completed as pro- posed within the established time limit, the city isfy a visual screen requirement, planting may proceed to require performance by the sure- shall be suff'iciently dense to provide an unbroken visual barrier within a maximum ty, or complete such installation by contract or of two(2)growing seasons after the time of force account and seek reimbursement of its costs from the security agreement. _ planting. The planning administrator shall have the right ) Except as otherwise provided in Section to accept a cash escrow or irrevocable letter of 60.574,planting areas shall be at least four credit in lieu of a bond in an amount and under (4)feet in width. such circumstances as the planning administra- ) The genus and species of all plant materi- tor shall determine appropriate. als must be identified on all plans submit- � If seasonal weather conditions or phasing of ted for permit approval. construction present practical difficulties in the 5) The owners shall be responsible for main- �� installation or completion of landscaping,paving, taining all landscaping in a healthy and screening or any required item, the completion growing condition and keeping it free from may be delayed for not more than six (6) months refuse and debris. Dead plant materials shall by the planning administrator. The extension of be removed within a reasonable time and time shall be granted in writing. replaced during the normal planting season. (g) Certificccte of occupancy. Certificate of occu- ode 1956, § 62.110; Ord. No. 16799, 5-28-81; rd. No. 17062, 10-20-83) pancy shall not be issued until all items required for site plan approval are completed or an agree- ment has been made under paragraph(fl above. c. 62.110. Exterior lighting. When a site plan is required by this code, (a) All outdoor lighting in all use districts, in- certificate of occupancy shall be renewed only i cluding off-street parking facilities,shall be shielded the use is in conformance with that site plan an to reduce glare and shall ►�e so arranged as to all conditions of this code. reflect lights away from all adjacent residential (Code 1956, § 62.108; Ord. No. 16799, 5-28-81 districts or adjacent residences in such a way as Ord. No. 17039, 7-7-83; Ord. No. 17204, 1-15-85 not to exceed three (3) footcandles measured at Ord. No. 17511, § 7, 11-12-87; Ord. No. 17524, § the residence district boundary. 29, 30, 1-6-88) (b) All lighting in all districts used for the ex- ternal iIlumination of buildings shall be placed Sec. 62.109. Plant materials. and shielded so as not to interfere with the vision The species, size, location and spacing of pl nt of persons on adjacent highways or adjacent materials shall be appropriate for the purp se property. intended. A list of plant materials hardy in in- SuPP.No.3 — 606 , a . ZONIN CO E §62.115 (c) Illumination of any other outdoor feature (1) There shall be a distance of not less than shall be maintained stationary and constant in ten (10) feet between the adjoining prop- intensity and color at all times when in use. erty line and the outside of the pool wall (Code 1956, § 62.111; Ord. No. 16799, 5-28-81) for aboveground pools.For in-ground pools, there shall be a distance of not less than Sec. 62.111. R.esidential entranceway. five(5)feet between the adjoining property In all Residential Districts, so-called entrance line and the outside of the pool wall. way structures,including,but not limited to,walls (2) There shall be a distance of not less than columns and gates marking entrances to singl four (4) feet between the outside pool wall family subdivisions or multiple housing project , and any building located on the same lot. may be permitted and may be located in a r - �3) No swimming pool shall be located less than quired yard,except as provided in Section 62.11 , ten (10) feet from any side street or alley below;provided,that such entranceway struct s right-of-way, or the distance required for shall comply with all codes of the City of Sa nt side yard by the zoning code, whichever is Paul, and all state codes, and shall be appro ed greater. by the division of housing and building code en- forcement and a permit be issued by the zo ing � (4) No swimmirig pool shall be located in a administration. public easement. (Code 1956, § 62.112) (5) All yards containing swimming pools shall Sec. 62.112. Corner clearance. be enclosed by an obscuring fence not less than four(4)feet in height.The gates shall No fence, wall, shrubbery, sign or other ob t - be of a self-closing and self-latching type, '�� °�?• tion to vision above a hei ht of two (2) fee fro g �with the latch on the inside of the gate,not " ` - the average grade of the property shall e p r- readily available for children to open. Gates + ��y! mitted within the triangular area formed at e shall be capable of being securely locked intersection of any street right-of-way lin s b a when the pool is not in use. straight line drawn between said right-of-w y 1' es at a distance along each line equal to t e ni- (6) All yards containing hot tubs shall be se- mum setback lines from their point of inte sec 'on. cured as in subsection (5) above or shall (Code 1956, § 62.113;Ord.No. 17524, § 3 1- 88) have a cover which shall be locked when the hot tub is not in use. Sec. 62.113. R.eserved. (Code 1956, § 62.116;Ord.No. 17038,7-5-83;Ord. No: 17204, 1-15-85) Editor's note—The provisions formerly codifie her in as§ 62.113,Similar Uses,and which were derived from od 1956,§ 62.114, and Ord. No. 16908, adopted April 20 19 , were �C. 62.115. Performance standards. moved in their entirety and redesignated as a n w p agraph (e)to§64.300. All uses shall conform to the following perfor- mance standards: Sec. 62.114. Private residential po ls d hot tubs. • (1) Vibration. Every use in an I-1 or RCI-1 District shall be so operated that ground Private outdoor residential pools ba above vibration is not perceptible, without instru- and below ground, and hot tubs are er itted as ments, at any point on any boundary line an accessory use within the rear yard no equired of the lot on which the use is located. side yard; except that, for multiple a ly devel- opments, the planning commission ay etermine 'Uses in I-2 and I-3 Districts creating in- the location of the pool or tub. iva e outdoor tense earth-shaking vibrations,such as are pools and hot tubs shall meet th fo owing re- created by heavy drop forges, shall be set - quirements as applicable: back at least three hundred(300)feet from the boundary of a Residence or Business — -._'---�"; Supp.No.3 607 §62.115 LEGISLATNE OD � District and at least one hundred fifty(150) (2) Guy wires or guy wire anchors shall be set feet from an I-1 or RCI-1 District unless back a minimum of one foot from all lot such operation is controlled in such man- lines. ner as to prevent transmission,beyond the ( rd. No. 16906, 4-20-82) lot lines, of vibration perceptible without instruments. c. 62.118. Foundations. A1 buildings shall have a permanent founda- (2) Glare and heat. Any operation in an I-1 or on o comply with the state building code. RCI-1 District producing intense glare or � rd No. 17039, 7-7-83) heat shall be performed within a completely enclosed building in such a manner as not c 62.119. Setback requirements for earth- to create a public nuisance or hazard along sheltered structures. any boundary line of the lot on which the use is located. A 1 below ground portions of earth-sheltered tr tures shall have minimum setbacks of four Any operation in an I-2 and I-3 District 4) et. producing intense glare or heat shall be Or . No. 17039, 7-7-83) performed within a completely enclosed build- ing or within an enclosure in such a man- Chapter 63. Zoning Code— ner as not to create a public nuisance or �neral Fxceptions hazard along any boundary line of the lot on which the use is located. Se . 63.100. General exceptions. (Code 1956, §62.117;Ord.No. 17511, §7, 11-12-87) he regulations in this code shall be subject to th interpretations and exceptions in this chapter. Sec. 62.116. Height districts. (C de 1956, § 63.000) `- `' In order to protect the economic and aesthetic -� amenities of the city and in order to implement . 63.101. Essential services. plans long envisioned,those areas of the city shown ssential services shall be permitted as author- on map entitled "Height Districts of The City of �y d and regulated by law and other provisions of Saint Paul" are restricted to the following maxi- t Saint Paul Legislative Code, it being the in- mum height for all structures: t tion hereof to exempt such essential services Maximum Height of f m the application of this zoning code. Structure(Saint Paul ( ode 1956, § 63.100) Area Datum in Feet) I 60 c. 63.102. Voting place. II 75 The provisions of this code shall not be so con- III 90 rued as to interfere with the temporary use of (Code 1956, § 62.1i8; Ord. No. 17204. 1-15-85) ny property as a voting place in connection with municipal or other public election. � Sec. 62.117. Radio and television antennas. ode 1956, § 63.101) Radio and television antennas are permitted as c. 63.103. Height limit. an accessory use in all zoning districts and shall The height limitations of this code shall not meet the following requirements: pply to mec'�anical service stacks, tanks, venti- (1) Radio and television antennas shall not be ation equipment, chimneys, church spires, flag erected in any required yard, except a rear oles,public monuments, accessory radio and tele- yard, and shall be set back a minimum of vision ai�tennas, and similar equipment; provid- three(3)feet from all lot lines. ed, however, that the planning commission may Supp.No.3 _ .. 60 �;� -.i�� ';;�?f 1;�°. ZO IN CODE §62.119 Sec. 62.117. Radio and television antenna ' Radio and television antennas are permitted s an accessory use in all zoning districts and sh 11 meet the following requirements: (1) Radio and television antennas shail not � erected in any required yard, except a re r yard, and shall be set back a minimum ' f three(3)feet from all lot lines. (2) Guy wires or guy wire anchors shall be et � back a minimum of one foot from all ot lines. (Ord. No. 16906, 4-20-82) Sec. 62.118. Foundations. All buildings shall have a permanent foun a- tion to comply with the state building code. _ (Ord. No. 17039, 7-7-83) Sec. 62.119. Setback requirements for ea h- sheltered structures. All below ground portions of earth-shelte ed -'�-�p'=.�: structures shall have minimum �etbacks of ur " (4)feet. = (Ord.No. 17039, 7-?-83) ,,�_�,�.,.-��, Supp.No.2 608.1 , • , '� Z IN CODE §64.101 specify a height limit for any such structure w n Chapter 64. Zoning Code— such structure requires autliorization as use s b- Administration and Enforcement; ject to special conditions. Amendments; Miscellaneous Provisions (Code 1956, § 63.102; Ord. No. 16906, 4-20 2; Ord. No. 17204, 1-15-85) AR,TICLE I. GENERAL PROVISIONS - Sec. 63.104. Lots ac�joining alleys. Sec. 64.100. Enforcement. In calculating the area of a lot that adjoi s a The director of the division of building inspec- dedicated public alley,for the purpose of appl in tion and design within the department of com- lot area and density requirements of this ode munity services shall enforce this code and is one-half the �vidth of such alley adjoining th lo hereby designated the zoning administrator. shall be considered as part of such lot. (Code 1956, § 64.100; Ord.No. 17524, § 35, 1-6-88) (Code 1956, � 63.103; Ord. No. 16956;9-9-82 Sec. 64.101. Duties of zoning administrator. Sec. 63.105. Multiple dwelling side yar . For the purpose of side yard regulations, tw - (a) The zoning administrator shall enforce the family house, a townhouse or a multiple dw lli g Provisions of this zoning code and any amend- s:�all be considered as one building occupyi g o e ment thereto and shall have the power to certify lut. zoning compliance and to make inspections of build- (Code 1956, § 63.104) ings or premises necessary to carry out his duties in the enforcement of this code. It shall be unlaw- Sec. 63.106. Porches. ful for the zoning administrator to approve any ,:.:;�';;��;� site plans, as required in Section 64.102, or issue � An open, unenclosed and uncovered po ch r any permits for any excavation or construction "�,_.-- paved terrace on the ground floor may roj ct until he has inspected such plans in detail and into a front or rear yard for a distance not xce d- found them to conform with this code. ing ten(10)feet,but this shall not be inte re ed �� e zoning administrator shall determine to include or permit fixed canopies. whether lots, structures, or uses are legally (Code 1956, § 63.105; Ord. No. 16204, 1-1 -85 nonconforming by consulting building records,city directories and other pertinent evidence for the Sec. 63.107. Projections into yards. purpose of carrying out the provisions of Section (a) Overhangs, decorative details and ay in- 62.102. dows may project into a required yard six ee (16) (c) The zoning administrator shall have no au- inches plus two(2)inches for each foot of wi h of thorit� to change or to grant variances from the the required side yard. terms of this code in carrying out his duties as a (b) Open, unenclosed, uncovered ste or plat- zoning administrator. forms not exceeding two (2) feet in h gh may (d) Upon proper application, and a finding of project three(3)feet into a required ya . compliance with the terms of this code by the (c) Ramps for the handicapped are exe pted zoning administrator, the zoning administrator and may project into required yards. shall issue the permit applied for. (d) Chimneys and fireplaces may roj t one �e) The zoning administrator shall maintain a record of the elevation of the first floor(including foot into a required yard. basement) of all new structures or additions to (e) Attached vestibules and greenho ses not ex- existing structures in the floodplain districts.The ceeding twenty(20)square feet in area a project zoning administrator shall also maintain a record into a required froiit or rear yard. of the elevations to which structures or additions " (Code 1956, § 63.106;Ord.No. 16956,9-9 2;Ord. to structures are floodproofed. No. 17524, § 34, 1-6-88) (Code 1956, § 64.101; Ord. No. 16907,4-20-82) – -'� •• Supp.No.3 609 �� i �'� �� l " N §64.102 LEGISLATNE O Sec. 64.102. Site plan. ABTICLE II. ADMINISTR,ATION All applications for building permits for all new buildings or building expansions shall be accompa- D vision 1. 64.200. Board of Zoning Appeals. nied by a site plan, drawn to scale and specifica- c 64.201. Creation and membership. tions, showing the following: (1) The actual shape, location and dimensions � There is hereby established a board of zon- of the zoning lot. ing appeals, which shall perform its duties 'and exe cise its powers as provided by law in such a (2) The shape, size and location of all build- wa that the objectives of this zoning code shall ings or other structures to be erected, al- be bserved, public safety secured, and substan- tered,or moved and of any building or other tia justice done. The board shall consist of seven structures already on the zoning lot. (7) members appointed by the mayor with the (3) The existing and intended use of the zon- co sent of the council. One member so appointed ing lot and of all such structures upon it, sh 11 be a member of the planning commission including,in residential areas,the number �'�' h appointment coinciding with planning com- of dwelling units the building is intended m ssion term.The appointments of the remaining to accommodate. si (6) of the members shall be for the following p iod: two(2)members for one year,two(2)mem- (4) Such other information concerning the zon- b rs for two (2) years, two (2) members for three ing lot or adjoining lots as may be deter- ( years. Following the original appointments, mined by the zoning administrator as es- sential for determining whether the provi- sions of this code are being observed. -- (Code 1956, § 64.102) Sec. 64.103. Building permits. No building permit shall be issued for the erec- tion, alteration, moving or use of any building or structure or part thereof, or for the use of any land, which erection, alteration, moving or use is not in accordance with all provisions of this code. (Code 1956, § 64.103) Sec. 64.104. Certif'icates. Certificates of occupancy as required by the Saint Paul Legislative Code shall also constitute certification of zoning compliance as required by this zoning code. (Code 1956, § 64.104) Sec. 64.105. F�nal inspection. � The holder of every building permit for the co struction, erection, alteration, repair or movin of any building, structure or part thereof sha notify the zoning administrator immediately upo the completion of the work authorized by su permit,for a final inspection. 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"`�um � , —--- f_�. � � ' `1'bl8 �� --- . ! � a�d entend fato tk{t��l Tt o i sa�Q,bY aad b�tw�e� MAR LEAL3UE aad ALICE��gCUE.hna---- band aad I ' y�te� 01 t��t p�, ---RICHARD A, _vVygIERAI,p . . ------------------------ ---- ------------------ .9��oJ t�t�a�oof�d yart : ' WITNESSETS.TkaL Pc*�e!___ol Gts Arst Pa�'t�t eos+id�ratfos oJ t�eot�#�� spr!ewwt+u1 aaid Ps*t ol a�ooad Parl,�}� I oou+.r+alo.ora yoTeY f .e�na p¢rc_nu-heir:``oi�`.a'��...rr i .t e�.dse.11enwJ�ey �by a�c ab+h�aet�vtdeneb�D D�t!!1�b�part{°i oJa�� bY ta�d partY�oJ LIH �'�hie��°��•+�P��tk�prosrpt a�d JrII Per/orsiawa� , • =°f--- - --part oj this a � � Owatty D*••+esnt.t�.tsoet------"11s�d.lybty � a�d b�uy a�tlta c---- --- BeY--------------°�Stats oJ 3tinusrota.daer+b�d a�JoAo�w, � Lo e�eleven(11), tw lve 12), thirteea(18), fourteen (li) and fifteen(15), Slock nine (9), Edm nd ice's FourhAdditton, according to the recorded plat thereof on ftle d o record in the office of the Reaister of Deeds in � and[or said County, . , And+aid Part3_----1 tha sacondD rt in � . vI e�iu ��tee__ol t/u¢ Part at_P1aCe desian_ ed�y`ttl�stu�ar[1�s•4arsby apre�-----t°PaY -------- an�a6°�1� s� • faid prsmisa.ths rum oJ_�fx£eeri TFio"usiiid�ifee hnna'red""_ . --------------------===---------=======-------- -------------------°= ---- - '"�na**•*a+�d at tiww y,to.�;_Thiee�housand and n_o�3oths f��b66:�'8T d°o�s paid dowu upon exe utto and delivery of this contrut for deed,i�ecefp�wF►eieo?'iy hereby acknowlede d, d the balaace of thirteen thousaed three huadred and ao/100ths dollars (313,300.0 ) to e paid as followa: $125.00, or more, on the lst day of May, 1975, and $125,00, or ore, on the lst day o!each month thereatter uatil the full amou� includine e:e t at the rate of eteht per cent (896) per annum is paid. From said monthly paym nta e intereat upon the unpaid balance shall first be deducted and the remainder hal then De aNplied upon the principal. 8ald p+rt�.'._.o!th�Neo part fnrtLer�seau t9.__aad a�eM_swy lollowa:te D�7.Ealor� to.all tazu dw aad D�Ab fn 7�19.-�6�_,aad In�ab D��4�tLehu t6ur �ftar 1� �a4�T�•�+L�W��+��mmts h�ncofon er 6�n• .�1..."""-""'"-'- '�"�'-""'«"""'—""-..- ' ------^---°--°------------°----° '---°---'--"----'--'-' --'-- ---"-'--'----'--'--'---'--- -'---'-..'-'�-- �Ls ehat ao�bslldtnp � ------^-' --------------��"-' v aah uow on utd 4nd.or tr6kh�h�ll L�raaft�r be�mt�4.pLead.or mad�Lbu�oy �ll aot b�r�mond rom. at shall be aad rem�ia the Dsopsst�ot ch�yarcte3__ot th�5xst yart mtU tbb eoutraet .e.0 b.taus nertm�med L tL. X----cr cea..cona Ma--- ' Wrt:wd aL__._ "'own espens�.fo kaeP td�bdld• � lnt+on aid yr�miw at a timas fo�aerd ia som�nliabk iasaeaaee eom '------'- espeas of tM Ant D�rt.�pLut y� �xxK� Pw7 or eompanler.tn M�PProM b�tL�part_iG8 �WGx.tiipGY..145�4lCG.CAi�£4��4Y�ri4�--------- ----- - -------------- ------------°--- __. _.------.__—�_�_-- � f at Iwt tha tvm of__�J]�3WR$SSi 4��S�rSc��Sr�FL.E��Pr" ��x -��.��«_� _ " "'��"""' {C9 � �""""" . wnbk�o,.0 er,e Eheii'-----------------------•------------------._____1DGlti�, D�- . of Dart,_'-"""»-.,."'-._hatn or a��irm.au��1a�w of lou.�hoc4:the�e ba �or'Dlo�w�s�ad abon amo t t6m owie�Wd yattlGB----of t6e 6rst r�,� [hB1I' � i tL�6alann�ht0 be W1d �er tL�uld p�st}� of tb�• �rilS"""'-"-"""'6dn,ar u�i�ns, . ""�' xond Wt at'--'-"-"""'»-'-"'��""��nf�nnt � ��DP�'�wd ee d t wi !h�pait.lG9"'ot Hu Srst W+t Polide� of �ald iasuraae�. B� �hoald tL� ueond � . _..tail Oo D�7 7! to b�paW b��aW Party""-"-uy�tL� b�rmr Larof.aam� ma M , D�---B--.�ad�haU forth tL D�7�D1�.wiLL intawt 7 Pvd bt�at emGr cer aona�.et �a...0.aasefoaal.moans au.Sr.c y.:c_tea.----- i ! �� u�� ' /�— /�f/ � ° � �� :� � � � . .�-�e CITY OF SA�T PAUL`. �, � ,.cz,,, . �,_ �`��r� o� • • OFFICE OF THE CITY ATTORNEY �4 � 3� �'� �. :,�. ;;;;'��';; := EDWARD P. STARR, CITY ATTORNEY .,: �•` ; '. •ti,�� ,z.= 647 City Hall,Saint Paul,Minnesota 55102 "'�m�:.,.�°' 612-298-5121 GEORGE LATIMER MAYOR May 2, 1989 _ �'�'� �Xhi�f � _ Mr . Richard Wybierala, Pres. NOTICE OF HEARING , Poor Richard' s, Inc. 404! Whitall Street _ Saint Paul, Mn. 55105 RE: Poor Richard' s, Inc. Dear Mr. Wybierala: � This is to notify you that a lne ing�` will be held concerning all t h e l i c e n s e s h e l d a t t h e p r e mis s stated above at the following time, date and place: , � Date: June 1, 19$9 Time: 9:OJ4J a.m. Fourth Flopr Conference Room !� Saint Paul' P blic Library � 90 West Fo�r h Street St. Paul, IMn 551�J1 � The judge will be an Admini�tr tive Law Judge from the State of Minnesota Office of Administ�ta ive Heazings: ; Name: Jon L. t�u e Address : Fifth . F�.o r , Flour Exchange Building ' 31(d Sou!th Fourth Street Minneappl s, Mn. 55415 Telephone: 341=764�5 The Council of the City �f Saint Paul has the authority to provide for hearings conqer ing licensed premises, and for adverse action against �u h licenses , under Chapter 3141 , ' including sections 314J.�5 and 31 �.06 , of the Saint Paul - Legislative Code. In the �ca e of licenses for intoxicating and - non=intoxicating liquor, aut ority is also conveyed by section ° 340A.415 of the Minnesota �t tutes. Adverse action may include ' revocation, suspension, firies and other penalties or conditions. � Evidence will be presented to the judge which m ay lead to adverse action against all the lic�n es you hold at the above premises as follows: � � ,. � � • ,. . � , " . '`�S, .i I . You have used thtee residentia ly=zoned parcels, for which legal nonconforming use status as not been established, for the conduct of your trash hau ing and transfer business , including but not limited to: a. the storage, parkinc� nd placement on such parcels of vehicles , equipment and d�mp ters; b. grading, improvemer�ts and installation of fixtures on one or more of such parcels; c. the use of such lo�ts for access to industrially- zoned lots , and for driving �-industrial and commercial vehicles across said residen�ti 1 lots; and d. other activities r�la ed to or arising out of said business . Such uses have continued at least for substantially all of 1987, 1988 and this part o£� 1 89, and involve the following three parcels of land: (i) L ts 2 and 3, B�ock 4, Stinson's Addn. (S.E. corner of Whi�ta 1 and DeSoto) ; {ii) Lots 12, 13, 14 and 15, Block 9, E. R ' ce' s 4th Addn. (N.W. corner of Whitall and Arkwright) ; and iii) Lot �, Block �, Stinson's Addn. (S.W. corner of Whi all and DeSoto) . Such uses violate the provisions of �he Saint Paul Zoning Code. II . You have established �'a parki g lot for your use and that of your employees or others �ai hout site plan approval and in violation of the zoning cqde on property located on Lots 2 and 3, Block 6, E. Rice' s �s Addn. (north side of Whitall Street , west of Clark Str�et . III. You have established a new se or expanded an existing use, i.e., exterior industria�. torage, without the site plan review which is required w en the property so used ab uts residentially zoned prope�rt . This violation concerns your use of Lots 6, 7 and 19, B1 ck 4, Stinson' s Addn . IV. On November � and 22, 1988 you oper�ated or perm itted to be operated garbage or refu$e ollection trucks in the city of Saint Paul which were noti 1 censed . � �r � , n i � . ' , ' '�`, ; . - '� �� -� ,/ '�' �,F . _ . �;;: . , ; ' I m ster on a ublic V. On November 14, 1988, yow p aced a du p P boulevard or place with a p rmit as required by section 125.�1 of the Saint Paul Legi lative Code. VI . You have violated the teirm of a settlement agreement entered into on November ,4 , 1988, in which a previously- scheduled hearing on tk�e question of revocation of suspension of your lice,ns s was continued upon your agreer.tent to comply with tY}e ollowing terms: a. you would permanen ly discontinue any use other than residential of (i) Lo�t and the N. 1/2 of Lot 5, Block 8, E. Rice's 4th Addn. (5.�. orner of York & Westminster) ; and (ii) Lots 2 and 3 , Blo�k 4, �_Stinson' s Addn. (S.E. corner of Whitall and DeSoto) . You did not comply as to tlhe parcel described in (ii) above. b. you would disconti ue the parking of trucks and automobiles on Lots 2 and 3 , Block 6, E. Rice' s lst Aaan., and use the property only �o residentially=zoned uses until and unless the zoning was �ch nged . � You did not comply with this condition. c. as to Lots 12, 13, 14 and 15, Block 9, E. Rice' s 4th Addn. (N.W. corner Wh�.t 11 and Arkwright) , you were to have erected before May ln 1 89, a proper obscuring fence or barrier to screen residen�ia properties, with all necessary design review and permit,s, and _to make proper application for a curb cut on Whitall , St eet. You aia not comply with thi condition. You have the right to be repres nted by an attorney before and during the hearing if you �o choose , or you can represent yourself. You may also have a erson of your choice represent you, to the extent not prohilbi ed �as unauthorized practice of law. The hearing will be conducted 'in accordance with the requirem ents of sections 14.57 to 14.62 of �th Minnesota Statutes, and such parts of the procedures unde� ection 31Ql.4J5 of the Saint Paul Legislative Code as may be ap�pli able. . � I • • � • � . . "' � � 4 � S At hearing , the Administrative La�t J dge will have all parties identify themselves for the record.i hen the City will present its witnesses and evidence, each of; w om the licensee or attorney may cross=examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish t present, each of whom the City attorney may cross=examine. T e Administrative Law Judge m ay in addition hear relevant and m a erial testimony from persons not presented as witnesses who have substantial interest in the outcome of the proceeding; for exam le, the owners or occupants of property located in close proximity to the licensed premises m ay have substantial interest in e outcom e of the proceeding. Concluding arguments may be madg b the parties. Following the hearing, the Judge will prepare Fi dings of Fact, Conclusions of Law, and a specific recommendatibn for action to bz taken. You should bring to the hear�.n all documents , records and witnesses you will or may nee to support your position. Subpoenas m ay be available to �om el the attendance of witnesses or the production of documen�s in conformity with Minnesota Rules, part 1400.7�PJ0. If you think that this matter ca be resolved or settled without a formal hearing, please con�ac or have your 'attorney contact the undersigned. If a stipulati n or agreement can be reached as to the facts , that stipulat on will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council acti n. If you fail to appear at the 'he ring, the allegations against you which have been stated earlie in this notice may be taken as true and your ability to cha�.i nge them forfeited. If non-public . � : � _ � � � ��,� � , � �::C' . . 4�.� � I I I �data is received into evidence at !th hearing, it may become pub]. ic unless objection is made �n relief requested under Minnesota Statutes, section 14.6�, siub ivision 2. Very truly yours, PHILIP B. BYRNE Assistant City Attorney (612) 298=5121 Atty. Reg . No. 13961 _ cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk � � � Paige Purcell Office of Administrative He rings John E. Daubney, Esq. Attorney for Licensee John T. Hardwick . Zoning _ Inspector Wendy C. Lane Zoning Inspector • Robert W. Kessler Citizen Service Office ' Patricia Pothen Public Wor�s Dept . Patricia Rife District 5 bcc: Francis J. Leo, Jr. Lewis and Michelle Danie son Patrick M. Ferrin Helen H. Fenton ' Daniel Cook Christine Rodriguez Lewis Garrison Mr. and Mrs . Richard ;'Jo dan Margaret Abel n . • ,• . ` f� � '�C'.�.%�:�' �, � . �".�k.x:r � � � Ma 16 1988 Y � � DIRECTIONS FOR ENTERING T E IBRARY BEFORE HOURS : Because the Saint Paul Pu�li Library does not open its doors to the general public until �:0 a.m. , please follow these instructions for getting tto he 4th floor meeting room: 1. Enter building throuc�h he staff entrance on Washington Street (door in center f west side of building) . . 2. Descend the short stair ay. 3. Take Library' s staff 'el vator in landing of stairway (on your right) to the 4th loor. 4. Walk through the staflf oom to the far doorway; meeting room is then immediately to our left. If the meeting finishes be�o e 9:00 a.m. , you will need to retrace this process in reue se to exit the library. After 9 :00 a.m. the public eleva�o s are located in the lobby just outside the meeting room. , Parking: . There are some two-hour pa�ki g meters on Kellogg Boulevard � between Market and Washingtton Streets, otherwise all other meters surrounding the Lib�ar are one-hour meters. The� only other parking available ne�r he Library is at the Civic Center , Ramp and the Amhoist Tower �R p. '� . � • c `. 4 1 . . . � �R a�` � ��.�� '*.o, CITY OF SAINT PAUL s�� "' ''=� OFFICE OF THE CITY ATTORNEY 90 Y" �� 11 IL'11i11 ti% "` �� '~ EDWARD P. STARR, CITY ATTORNEY '�: �= �'�,,,�.U�,,.,-'' 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR May 12, 1989 Richard Wybierala, President Poor Richard' s, Inc. 400 Whitall Street Saint Paul, Minnesota 55105 RE: �Poor Richard' s, Inc. Our File No. 588-0306 Dear Mr. Wybrierala: _ I am assuming responsibility far his matter and will act as the attorney for the City from hen�ef rth. In reviewing the file I find a,n rror in Count 1(D) ( iii) . The correct descriptionis Lot 4, $lo k 5, Stinson' s addn. It is my understanding that thi mat�er has been trie subjec�c of quite a bit of discussion, and assume this error on the lot number is not a significant change �eq iring a delay in the process. If you disagree, please have; y r attorney contact me immediately. Sincerely, THOMAS J. WEYANDT Assistant City Attorney TJW:paw � cc. John Daubney, Attorne for Licensee � Jon Lunde, OAH . � � �g- /�f�7 •� ' s;�.�' , �� .-�_� CITY OF SAINT PAUI �1T1 0�'� ��"� '-z' OFFICE OF 7HE CITY ATTORNEY . �,, ��„�� ,; "` HO 1°°� " EDWARD P. STARR, CITY ATTORNEY ?: ��° �'>> >� • 647 City Hail, Saint Paul,Minnesota 5510= ``�m�v�n.F''� 612-298-5t27 GEORGE LATIMER MAYOR May 17 , 1989 Ms . Alice Wybierala Mr. Lawrence Wybierala Mr. William Butler . Mr. Richard Wybierala . Poor Richard' s Inc. 400 Whitall Street St. Paul, MN. 55105 RE: Adverse License Action Poor Richard' s , Inc . _ Our File No. S88-0306 OAH Docket No. 8-2101-2774'-3 Dear Lady and Gentlemen: It has come to my attention tl�a previous notices regarding this � matter have possibly mis-identi ied Richard Wybierala as president of Poor Richard' s, Inc. A r�vi w of public records leads me to believe that each of you are s areholders and perhaps officers of the corporation. It is imp rtant that you all have notice of the pending cases , and for �h reason I am sending this letter of � notice, and am incorporatir�g 'nto it by reference the notices of Ma.y 2, and May 12 . I assume there has been ad'eq ate opportunity for you to prepare - for this matter, and there w 11 be no claim of prejudice. If this is not the case, pleas notify.me no later than May 23 so this ma.tter can be continue . Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc : John Daubney Jon Lunde - Office of Administrative �Hearings - � c��,s �ti;b;-� g �9- �� 5-25-89 400 Whitall Street 55106 � I.D.#9467855 . ., r -� I hereby certify that this .is:a tri�e Poor Richard's Inc. DBA Poor Richard's and exact copy of the records of the Solid Waste Trfr Station 15682 12/31/88 License & Permit Division of the City of St. Paul for Poor xichard's' oor Richards, Inc. 1 Priv Fuel Pump 17013 3/31/89 Inc. DBA Poor Richard's Inc. at 1 I-VM 17013 3/31/89 400 Whitall Street. ' M tro Refuse, Inc. Solid Waste Trfr Station 85008 4/26/88 � oor �tichard's Inc. DBA Poor Richard's Solid Waste Trfr Statian 15682 12-31-89 � t Odalen ' P or Richard's Inc dba Poor Richard's � Priv Fuel Pump 17013 3-31-90 �icense & Permit Division WHITE CARD ��1 w • �""'�� KRISTINA L.VAN HORN ��NOTARY PUBUC—MINNESOTA DAKOTA COUNTY My Commiss�on Ez�res Jan.2, 1992 Y M/W1MMlV1h n °� � ,�_--�. �� _�� ' 'V"�u�-- � =� �� - �� -� '� 400 W itall• Street 55106 ,' ID#9467855 . Poolr R'chard Inc. I-VM � ' 11729 3-31-85 Poo't^ R cha�rd��, �nc. 2 Priy�te fuel pumps 11730 3-31-85 , Poo� R chard's, Inc. Sol Waste Trfr Sta 15682 12/31/85 1-�M 17013 3/31/86 2-Priv Fuel Pumps 17013 3/31/86 Poor �ic ard's, Inc. Solid Waste Trfr Sta. S1079 12-31-86 " ' " " I-VM 17013 3-31-87 2-Priv Fuel Pmp 17013 3-31-87 " ' " Solid ��Vaste Trfr Sta 15682 12-31-87 " ' " " 1 I-VM 17013 3-31-88 1 Priv Fuel Fump 17013 3-31-8ff WHITE CARD 4�2 � � - - 9800 ,. � O1/19/88 PH to cons�de'• revoc�tian of Solid Waste Transfer � Station/Rubbish Haule Lic to Poor Richard's, Inc. due to failure to comply wit solid waste licensing requirements 'LAYED OVER FOR OI�fF, ( l�JEEK 012788 " " " " Co�nc 1 recommended 15 day suspension 3/1/88 " " " S�{s en ed 14 nays efi 30 �ays from pubiicat�on of resol ( Eff 4 2/ 8). C.F. 33-��1 051189 Date of 6�1/ 9 announced or PH before admin law �u BA K OF WHITE CARD ��l 5/25/89 � I hereby certify that this is a ■ ■ true and exact copy of the �";�� RISTINA l.VAN HORN , records of the License and ��1�N ARY PUBUC—MINNESOTA � '�. DAKOTA COUNTY Permit Division of the City � My ommission Expires Jan.2, 1992 of St. Paul for Poor Richard s „ R Inc. DBA Poor Richard's Inc. � 1� � ; `� � '� y at 400 Whitall Street. ' �Y'� - ' �� et Odalen �icense & Permit Division 1/10/85 (Poor Richards) Amer States Ins . Pol # AD4170788 • Exp. 1- 0-86 � . � 78v� 1/6186 (Poor Richards) MN Assigned Risk/St. Paul Co. , �01' # 66AR 0207 Exp Cont & Liberty National Guarentee Natio al Pol #TP8400753 Exp Cont 11-2 -86 St Paul/Constitution State Ins Co. #CPO 5394, Exp. COIVT 4/8/8 Constitution State Po. #CP095394CE Exp. 12/31/88 ((�let o Refuse) 12/2 /88 - Constitution State Ins. #CP095897 Ex.12-31-89 BACK OF WHITE CARD ��2 . ., � .� = : . . ��: o�i� . �:: � �..: .: fi�;. � - � - ..... ., . . . ._ . _ . . ,. . . . , . . . . . . � . . - . . . . . �. - . �. ..___ _ ..._.�_�.� � ._._._�.._�..�__...._... _�.c.�.�,.a„_.. - ..'-_-.__.._..._.�.._._._.._.._ . ...._ � . . . -- � TI ' .'JiT� ni� n� R i c h a rd & , Certifica e o Competency Rlice WYbierala dba CLA3S NAMF� Poor.�Eichard's, I�ri'�.-#` - . - - ` rn NO. 770G8 ' Address—�400�ifi8].L-�` _ - i, . Tel. No. ��4-1311/7i6-6333 Other Licenses Hel SS# 474-26-0430 Kind ID# 9467855 Dg� Kind' Date Original Certificste Obtained by Registra on Exanhins 1on '� Renewal Dates R.enewal Dates �9?5 Transa^�erica �nsur. �. �-?7 Lic.#�i8,��9.120.i2�,�22 �9?? T:ansamerica-:Znsur. �-78 � �s#230.28�,28�,233,2R't.285 ' Lic. , 203 t9'7�: �1 ut. Ser. Cas. 1-�b-7 Plate # � a e �'�� Mutua ervi ce agualty ,�= Policy 4� MP545 591 Exp.l-10-81 - � � # 240 — 247 5/25/�89 . . � . I hereby certify that this is a ue ar.d exact copy of the r.ecords. of� the License & Perunit Division of he City of St. Paul for Poor RicHard's, � Inc. DBA Poor Richard's Inc. ait 00 Whitall Street. . � " Janet Od en . . License & Permit Division " •-" . ��+"ti : KRISTINA.I.VAN HORN ��NQTARY PUBLIC-M�NNESOTA � � a..- )AKOTA COUNTY My �ummissiun Expires Jan �, i;,'9� � � w vv�vwv�nnnr�n� vvvvw. -�1.��-�-,-,�-: ��G�_. �-��.Z-_� . �r- i��'� . R.enewal Dates i Renewal Dates 1981 Lic. �k19745 (12/31/80)Bitumi�ou Cas. & Interstate Ins. �kMP1530911 Ex. 1/10�182 Plate #266-273 1982 L• �� R 9�D ( �)B • C Gen �� Plate �s 258-267 � "'�1 41058824031 Ex. 1-10-83 uto_ ut�l vc. �2 14626 Ex. �� 1983 Lic. �10197 (12/82) Bit�nin�us ns. Co. g�en�auto #MP1542659 � #BA1335742 W/C t. Paul Risk #702AR3852 exp. 1-10-84 � 6/7/83 PLAT'E 21 -226 1984 Lic. #D16996 (12-83) Bitumi ou #MP1542659 & BA1335742 Ex.1-10-85 Plates #296 - 05 1985 Lic. #E1738 1-85 America S ates Liab. #A�"�170788 Exp. - - 6 Pla�es �359 - 368 Em ire ir & Mar. Auto #BA3�0010 Ex. - - 6 1986 Lic. #E7149 (12-85)Gen.-Li er y Nat' 1 #TP8400753 Exp. Cont. Plates #283 - 2y3 Auto-St} P ul Cos. #O��A2�207 Exp. Cont. 1987 Lic. #E9280 12-8 �•-S • ul/Constitution State #�095394 Plates #242 - 254 4 �25 36 - P_utc -�t. Paul/Constitution #066AR02�7 �nn ; 1988 Lic. E9987 12-87 Plates #204 - 215 (7-88) Au Uni.ted States Fire #125031497 �p, �-- c�c.e�q�3�f8 5-25-89 I hereby certify that this is a true and exact copy of the records of the License & Permit Di1�is on of the City of St. Paul for Poor Richard's, Inc. DBA Poor Richard's Inc. at 400 Whitall Street. , ��2� �. Janet Odale License P.ermit Division �.��=�, KRtcrir�a !_ ��N HORN � ,� ,ti � � � �� 'v��VE�;i)(,a ' �:iiiINTY .' � � ,�) �,v��.;"i.,oiui� �XjiIIeS Jdll i, 1��L � . .:v�WvWVVW�VWv 'V r ,� / 1 �./\ .J, �� _ _� ;,� �' l_ ��'i, --� �� , _ , � /�/� � � r . . . . . . . . . . . y. - � . I I I Ijl i � � I I �• � 1989 Lic. #77068 12-88 Constitu 'o State Gen. 95897 12`31-gg I er.»c. tr.�r-+trQ� Plates #281 - 296 United S Fire Auto #125031928 '��i (4-89) Gtaaranty �Tat 1 Tns. Auto #TP1432�0 Fxp. Cont. , � � � -- - � , � � . � , 5-25-89 I hereby certify that this is true and exact copy of the � records of the License & Perm't Division of the City of St. Paul for Poor Richard's, c. 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' � �. � %� c �� , , o. _ _. __. �11'J _ . . . _ . .. �e . .. .. . . .. . o II I II Ili` r0 ..�. . �4 .�.i .41 � .°. _'�. •. _. . _.__. noo_ .. .- . --__ - -..__ ltA.- 'j . . .. _. _I_ _ _ _ � r � � --� : � ; ,� � � . � , � � � . i�► � � ' . � � � � . � � � � m — N a U = '� .� J Z � � � � � � � a � � � r � � � � . � . � � ��•-�. .� ,.N.�.�+. � ! 1� � � e � � � � t � � � , .,w.,x k�.�� y � , � i � ' 9�i��7 _ c,. ,5 ,��.�,�f ,� _R e s o►1 t i o n �' � Bqar of `/�Qm se C�'o un r� �omml'sslon ers . � � � - Presented By Commissioner McCarty � D te May� 23, 1989 No. 89-416 Attention: gudget & Accounting Rob Ful ton, Di rector, Publ i c Hieal h Page 1 of 6 Harry McPeak, Assistant Countyl A orney Tom Foley, County Attorney � � BOARD OF RAMSEY CC�UN Y COMMISSIONERS In the Matter of .the License forl Collection and Transportation of FINDINGS OF FACT, Solid Waste of Richard A. Wybier�la CONCLUSIONS OF LAW AND d/b/a Poor Richard' s, Inc . I DISPOSITIONAL RESOLUTION ' RESOLUTION NO. 89-416 � This matter was heard on M 23 , 1989 before the Board of Ramsey County Commissioners as n appeal by this Licensee of the decision of the Ramsey County Pu lic Health Department revoking its license for the Collection and r nsportation of Solid Waste . The Licensee appeared by its atto n , John E. � Daubney, Attorney at Law; its manager, Richard A. Wyb e ala was also present. The Ramsey County Public Health Departme�t was represented by Robert W. Fulton, its Director , and Harry' D. McPeak, Assistant Ramsey County Attorney. I Pursuant to provisions of t e Ramsey County Administrative Ordinance , this matter was h�a d by a hearing . officer, the Honorable Phyllis A. Reha, Admini trative Law Judge , who submitted her proposed Findings , Conclusibn , and Disposi�ion to this Board. The Public Health Department recom ended that the hearing officer' s proposed Findings of Fact and Co clusions of Law be adopted, but that her recommended disposi�ti n be rejected. The licensee supported the hearing officer' s re ommended disposition. Based upon the transcript of the proceedings before the hearing officer, the exhibits a'�dm tted in evidence by the hearing office.r, the report of the hear'in officer, and the arguments and statements of and on behalf of th Licensee and Department made on May 16, 1989 and May 23 , 198 the Board of Ramsey County Commissioners accepts the Finding of Fact and Conclusions of Law proposed by the hearing officer a d hereby adopts the same in full ._ and incorporates herein byI eference• as though each was specifically set forth. The Bdar of Ramsey County Commissioners expressly rejects the dispositi n recommended by the hearing officer . Hal Norgard, Chai rman ( Continued) � ' B - �! � . Re� lution B ard of ��Qmse �o un Comml'sslon ers � Presented By Commissioner McCart Date May 23, 198g No. 89-416 Attention: gudget & Accounting . Rob Fulton, Director, Publi�c alth page 2 of 6 Harry McPeak, Assistant Cou�nt Attorney Tom Foley, County Attorney � Now, therefore, in addit on to the Findings of Fact and Conclusions of Law reported �o his Board by the Honorable Phyllis A. Reha, Administrative Law ;Ju ge, acting as a hearing officer pursuant to the Ramsey Count ministrative Ordinance , the Board of Ramsey County Commissio�er makes the following additional Findings of Fact and Conclusio of Law and adopts the disposition set forth herein: FINDIN S OF FACT 1 ) The Licensee had adequate otice of: the effective date of the implementation of Design�t ' on in Ramsey County; the definition of Acceptable Waste , as' hat term is defined in the Ramsey County Solid Waste Ord�n nce; and the requirement that all Acceptable Waste genera�te within Ramsey County be delivered to the Resource Recovery F cility at Newport, Minnesota. 2 ) The Licensee has asserte that its facility at 400 Whitall Street in the City of St. aul was, as of December 13 , 1984 , a Resource Recovery Facilit within the meaning of the Waste Management Act of 1980 nd the Ramsey County Solid Waste Ordinance. 3 ) The Licensee has asserted that all Acceptable Waste generated within Ramsey County and auled by its vehicles was processed at 400 Whitall Street as of December 13 , 1984 , the date of approval by the Metropo itan Council of the Ramsey County Designation Plan, and the ate upon which a facility must have been in operation in o�der to qualify for exemption, and at all times subsequent ther to. 4 ) From the effective date o Designation, July 13 , 1987 , through April 1989 , the Licensee has caused �virtually all Acceptable Waste generated within Ramsey County and hauled by its vehicles to be landfil ed rather than delivered to the Resource Recovery Facilit at Newport. � 5 ) The Licensee has realize enormous savings by delivering this Acceptable Waste to la dfill rather than to the Resource Recovery Facility. ,' . - ; . ( Continued) Hal Norgard, Chairman $y � ' �y i , , Res� ution $oa d of ��Qmse �o un,f �omml'ssron ers � . Presented By Commissioner McCarty , ate May 23, 1989 No. 89-416 Attention: gudget & Accounting . Rob Fulton, Director, Public' H lth page 3 of 6 Harry McPeak, Assistant County ttorney Tom Foley, County Attorney - 6 ) County staff' s best estim te of the amount saved by the Licensee as a result of t is practice from July 13 , 1987, through April , 1989, is $245 361 . 80 . 7 ) This "avoided cost" gav�e this Licensee a significant and prejudicial competitive �dv ntage over other licensed waste haulers who were in 'co pliance with the Designation requirement. 8 The Licensee' s rimar o Ir tional concern is rofitabilit . � P Y P� P Y I 9 ) The Licensee chose to re cle materials only when it was profitable to do so. He te tified that during the mid-1980' s the secondary markets fdr resource recovery materials were very poor . 10 ) As of December 13, 1984 , t e physical realities of Licensee' s facility precluded effecti e resource recovery in the manner claimed by the Licensee , in that: the lighting was inadequate; the buildings were uncover d; and the ramps upon which trucks would have driven were cons ructed of rotting wood. 11 ) This record, taken as a wh le , unmistakably demqnstrates that Licensee' s claim of exempt on from Designation is made in bad faith and for the sole p rpose of acquiring a competitive advantage over haulers who omplied with the law. 12 ) The Licensee' s disregaird of the requirements of the Designation Ordinance has b en flagrant, open, and notorious . 13 ) In order to meet an objecti e of Designation enforcement it is necessary to establish a "level playing field" for all commercial waste haulers . Thus, this Licensee should be deprived of any ill-gottQn dvantage gained as a result of its bad faith claim of exempi�i . 14 ) It is necessary to dete� roundless and unfounded challenges , � to Designation from b�i g made sol�ely for competitive and economic advantage . i � � i I �� . ( Continued) Hal Norgard, Chairman $y . . _ �y . � � �� . . . Re�o ution . � B ra or ��Qmse Cou�z �ommissloners - � Presented By Commissioner McCart Date May 23, 1�89 No. 89-416 Attention: gudget & Accounting , Rob Fulton, Director, Publi,�c ealth page 4 of 6 Harry McPeak, Assistant Co�nt Attorney Tom Foley, County Attorneyi � I 15 ) This Licensee should be �u in the same position it would have been in had it complied ith the Designation requirement of the Ramsey County Solid Wa te Ordinance. 16 ) Both the Ramsey County� A ministrative Ordinance and Ramsey County Solid Waste Orc�'in nce authorize the recovery by the County of the costs � o enforcement of violations and collection in either alci il suit or as a special assessment against a Licensee' s re�l roperty. 17 ) Following costs and di b rsements have been incurred by the County in this enforcem n action: Environmental Health ( sita f costs ) $ 16, 514 . 00 , County Attorney ( staff�co ts) 33 , 480 . 00 Office of Administrati e earings 10 ,638 . 90 � � � TOTAL . . . . . . . $ 60 ,632 . 90 � i CONCL SIONS OF LAW � . . 1 ) This Licensee' s clai I o exemption from Designation has not been made in good fai�h ut solely for the purpose of economic and competitive advant�ag . 2 ) This Licensee inten i nally and with knowledge that its exemption claim wa groundless violated the Designation Ordinance of Ramse County from the effective d�te of designation, July 13 , 1 87 , through April 1989 . 3 ) The sanction recommend d by the Administrative Law Judge does not take into account he seriousness or willfulness of this Licensee' s violation of the Designation Ordinance .� . 4 ) Any Findings of Fact ore properly termed a Conclusion of Law .. and any Conclusions o Law more prope�rly termed a Finding of Fact are hereby expr�es ly adop�ed as such. ; ( Continued) ; Hal Norgard, Chairman $y - unty r . Reso ution B rd of �Qmse �o u� �omml'ssr'on ers � .� Presented By Commissioner McCarty ' Date May 23, 1989 No. 89-416 Attention: gudget & Accounting , Rob Fulton, Director, Public H alth pa ge 5 of 6 Harry McPeak, Assistant County Attorney Tom Foley, County Attorney • NOW, THEREFORE, BE IT RE$OL ED BY THE BOARD OF RAMSEY COUNTY COMMISSIONER5 THAT it adopts �he Findings of Fact and Conclusions of Law submitted by the Honorz�bl Phyllis A. Reha, Administratfve Law Judge, acting as a hearing fficer pursuant to provisions of the Ramsey County Administrat ' ve Ordinance, in her report to this Board dated March 9, 1989, a amended April 10, 1989, and incorporates the same herein y reference as though each was set forth specifically; 'i and 'I BE IT FURTHER RESOLVED T A : based upon the Findings of Fact and Conclusions of Law of the he ring officer , adopted herein; the additional Findings of Fact a d onclusions of Law adopted herein; the hearings before this Board� d the entire record; the decision of the Ramsey County Public Heal Department� to revoke the License for the Collection and Transp4r tion of Solid Waste of Richard A. Wybierala, d/b/a Poor Richaud' s, Inc. , be affirmed, and said license is hereby revoked; and ' BE IT FURTHER RESOLVED T T this Licensee be barred from re—applying for a License for t Collection and Transportation of Solid Waste for a period of o year from the effe.ctive date of this revocation; and BE IT FURTHER RESOLVED THAT: a) The Licensee pay the c sts incurred by the County in this enforcement action, a established herein, $60,632 .90 , within thirty days f receipt of notice of this disposition; and b) In, the event the L c nsee does not pay said costs of enforcement within s�i thirty days, the unpaid amount be certified to the Direc or of the Ramsey County Department _ of Property Taxation a a special assessment against the .. real property of the Li ensee; and� �; ', (Continued) I . Hal Norgard, Chairman � � _ �y . � , , Re�olution B rd ot .�Qmse �ou� Comml'ssloners - � Presented By Commissioner McCart Date May 23, 1989 No. 89-416 ' Attention: � Budget & Accounting Rob Fulton, Director, Public H alth page 6 of 6 Harry McPeak, Assistant Coujnt Attorney Tom Foley, County Attorney ' i BE IT FURTHER RESOLV D THAT any application in which this Licensee, or any officer, agen , or employee thereof, has a legally cognizable interest shall e deemed an application by this Licensee ; and i BE IT FURTHER RESOL�VE THAT that in addition to whatever requirements the Ramsey Coujnt Public Health Department shall impose upon all applicants f�or Licenses for the Collection and Transportation of Solid Waste, ny reapplication by this Licensee subsequent to the one year peri d set forth above shall be subject to the prior satisfaction of t e following condition: payment in full to the County of the sum of $245, 361 .80, representing the � "avoided costs" realized by� he Licensee by the willful and intentional violation of the qes gnation Ordinance ; and � � � BE IT FURTHER RESOLVED T AT any such license issued to this ' Licensee be expressly subject 'to the following conditions: a) The Licensee shall mak available to staff of the Public Health Department, ; pon reasonable no�ice and at reasonable times, al� i s books and records, including but not limited to, �11 client accounts, so that the Department may monitor Licensee' s compliance with these conditions and Count� rdinances. � � b) Licensee deliver a�.l Acceptable Waste• generated within Ramsey County and c llected by its vehicles to the Resource Recovery a ility operated by Northern States Power Company at New o t, Minnesota. c) Payment of the ti�p' ng fees to Northern States Power � Company must be m�d within the time required on the � billing statement. , STATE OF MINNESOTA COUNTY OF RAMSE ) )SS. . I , Bonnie C. Jackelen, Chief C],erk-County Board, duly appointed and qualified for Ramsey County', Minnesata, dc hereby certify that the following is a true and cor�re t .c�py of a t°esolution adopted by �the Board of Ramsey County Commi�ss or�ers on May 23, 1989 . - Dated at St. Paul , Minnesotja �iis 31st day f May, 1989 . i � C j Bann e C. 3 ei� � Chie Cler - �oe�nty Boar � , ; Hal Norgard, Chairman By i f: r , ` STATE OF MINNESOTA COUNTY OF RAMSEY )SS I , Bonnie C. Jackelen, Chief �1 rk-County Board, duly appointed and qualified for Ramsey County, Minn sota, do her.FbY� certify that the following is a true and correct copy of Lhe Fi�d.itia,s oE Fact, Conclusions, and Recommendation, as well as an Amende� ��ding of Fact, received from the State of Minneso�a Office oi A�ministrati�re Hearings, Phyllis A. Reha, Administrative Law udge . Dated at St. Paul , Minneso , t is 31st da�f �ayj].9�g . � � .._,'°�,.�.--/, Bonnie C Jackel Chief C1 rk - nty Boa.rd • ( i � ' CTY-88-006-PR 9-2102-1862-3 " STATE OF MINNESOTA � � OFFICE OF AOMIN STRATIVE HEARINGS � FOR THE COUNTIES OF WASHIkGTON AND RAIASEY In the Matter of the License for Collection and Transportation of FIkDIN6S OF FACT, Solid Waste of Richard A. Wybierala, COMCLUSIONS AND d/b/a Poor Richard's. Inc. . RECOMMENDATION Counties of Washington and Ramsey. The above=entitled matter came o for hearing before Phyllis A. Reha, Administrative Law Judge, actiny as eariny Examiner for the Counties of Ramsey and Washington, on October 19 26, 27, 1987; December 1 , 2, 11 , and 23, 1987; January 21 � 22� 23� 1988; F�br ary 8, 9, 16, 17, 18, 19, 1988; October 11 � 1988; November 3 and November 4. 1988. A site inspection of the Poor Richard 's, Inc. facility was conduct d on November 4, 1988. Harry 0. MlcPeak, Assistant Rams County Attorney, Ramsey County Attorney's Office, 350 St. Peter St et, Suite 400, St. Paul , Mlinnesota 55102, appeared on behalf of the Ramsey Co nty Department of Public Health (Ramsey County). Richard D. Hodsdon, First Assistant County Attorney, Washington County Attorney's Office, 14900 - 6 st Street North, Stillwater, Minnesota 55082, appeared on Aehalf of the Wa hinyton County Department of Public Health (k�asl►inyto� County) . John E. Oaubn y and James E. Daubney, Attorneys at Law, 700 Amhoist Tower, St. Paul , Minnes ta 55102, appeared on behalf of Richard A. hfybierala, d/b/a Poor Richard's, In . (6dybierala or Licensee) . The record closed on February 7� 1989. with t receipt by the Administrative Law Judge of the final post-hearing written ubmission by counsel . Following the issuance of this Report, the matter will be considered by the Ramsey County 8oard of Comniss oners which has the ultimate authority to accept. modify, or re�ect any of t e Findings or Conclusions as well as to make the final decision regarding ny action respecting the solid waste hauler's license of Richard Wyb�er la, d/b/a Poor Richard's, Inc. Persons desiring to file exceptions to thi Report or appear before the County Board in connection with this matter sh ld contact Bonnie Jackelen, Chief Clerk, Board of Ramsey County Commission rs, 286 Ramsey County Courthouse, St. Paul � Minnesota 55102, (612) 298-589Q, o determine what rights and procedures are applicable to any further action n this proceeding. The provisions of the Minnesota Administrative Procedur Act relating to contested cases, Minn. Stat. § § 14.57 - 14.69 (1986) , d not apply to this proceeding. � TA E�9E�fT OF ISSUES The issues for determination in this proceeding are: (1 ) whether the Licensee has failed to take acce table waste to the Northern States Power Resource Recovery Facility in Ne port, Minnesota, as required by the Ramsey County Solid Waste Ordinance Res lution No. 86-157; (2) if so� what action, if any, should be taken by the Rams y County Board against his solid waste / � . . � �9�/�� , hauler's lice�se; and (3) khether the icensee is e�titled to the statutory • exemption found et 5 115A.B3 of the�-Wa te Management Act of 1980, as a resource recovery facility in operatio at the time of approval by the �letropolita� Cou�til of the County's S lid waste Designation Plan on December 13. 1984. _ 8ased upon the evidence presented t the hearing, and all of the files, � . records and proceedings herein, the Ad inistrative Law Judge mafces the following: FINDING OF FACT Procedural Findings 1 . Richard A. Wybierala, d/b/a P or Richard's, Inc. , has been issued a license by the Ramsey County Public He 1th DepawGnent pursuant to the Ramsey County Solid Waste Ordinance to collec , transport and transfer solid waste within Ramsey County. 2. Richard A. Wybierala, d/b/a P or Richard's, Inc. , has been issued a license by the� Washington County Depar ment of Public Health pursuant to the Washi�gton County Solid Waste Ordinanc to collect, transport and transfer solid waste within Washington County. 3. 6y Resolution 86-157, the Boa d of Ramsey County Commissioners amended the Ramsey County Solid Waste rdinance to add a designation re�uireme�t. The designation re�uire nt provides, in relevant part, that solid Waste which is not otherwise exe pt and which is classified as acceptable waste under the Ordinance, ust be taken to the Northern States Poker Company (NSP) Resource Recovery acility in Newport, Minnesota. The Ramsey County 6oard of Comnissioners e tablished �onday, July 13, 1987 as the effective designation date. 4. 6y certified letter dated Jun 10, 1987 the Ramsey County Public Nealth Oepartment notified the License of the designation requirement. (Ex. 10) . 5. 8y Resolution, the Washington County Board of Comnissioners enacted a designation requirement consistent wit the provisions of the Washington County Solid Waste Ordinance. The des gnation requirement provides, in relevant part, that solid waste which s not otherwise exempt and which is classified as acceptable waste under t e ordi�ance, must be taken to the Northern States Power Company (NSP) Re ource Recovery Facility in Newport, Minnesota. The effective date of the esignation was July 13, 1987. 6. By certified letter dated Jun 9, 1987, the Washington County Department of Public Health notified t e Licensee of the designation requirement. (Ex. 19) . 7. On or about September 2, 1987 the Ramsey County Department of Public Health issued to the Licensee a Notice of Revocation of its license to collect and transport solid waste as a comm�rc al waste hauler in Ramsey County. The NotiCe of Revocfltion alleged, among ,ot er things, that the nature of the violations Constituting the basis fdr he revocation were the Licensee' s _ _ / , . . "extensive and chro�ic failure to comply kith t�e terms a�d provisions of the Ramsey County Solid Waste Ordinance Dy f iling to deliver substantial quantities of acceptable waste to the NS facility in Newport. " (Ex. 3) . 8. On or about September 2, 1981, he Washington County Department of Public Health issued a Motice of Revo�at on of the Licensee's license to . �_ collect and transport solid waste as s c rcial waste hauler in Washington . County. The Notice of Revocation allege , among other things, that the � violations constituting the basis for th revocation were the Licensee's "extensive and chronic failure to comply rrith the terms and provisions of the Nashinyton County Solid Waste Ordinance y failing to deliver a substantial �ua�tity of acceptable waste from within Washington County to the NSP facility in Newport. " (Ex. 2) . 9. The Licensee served timely n:oti es upon both Ramsey and Washington Counties requesting a hearing pursuaNt o Ramsey County and Washington County Administrative Ordinances. 10. By Resolution No. 87-627, the oard of the Ramsey County Comnissioners. .authorized staff to reque t the Office of Administrative Hearings to assign an Administrative La Judge to act as a Hearing Examiner in these proceedings in accordance with se tion VIII(D) of the Ramsey County Admi�istrative Ordinance. Similar acti n was talcen by the Washington County 8oard of Commissioners pursuant to sect on VIII(V) of its Administrative Ordinance. Beca�se both actions invplv similar issues of law and fact, for reasons of judicial economy and with th Licensee's consent, both county boards requested that the two matters b combined for a consolidated hearing. At the conclusion of the consolidated h aring, the Administrative Law Judge would submit separate Findings and Reco endations to each board. 11 . On September 23, 1987� Washing on County Department of Public Health issued a Notice of Hearing to cornnence n October 19, 1987. The Notice of Hearing with the attached Notice of Rev cation and other documents supporting the allegations contained therein, w�er duly served upon the Licensee. Also attached to the Notice of Hearing was copy of the Washington County Solid Waste Management Ordinance dated Novem er, 1984. 12. On September 28, 1987, the Ra sey County Public Health Oepartment issued a Notice of Hearing to commence on October 19, 1987. The Notice of Hearing with attached Notice of Revpca ion and other documents supporting the allegations contained therein were dul served upon the Licensee by first class mail . Also attached to the Noti e was a copy of the Ramsey County Solid Waste Ordinance. (Ex. 3) . 13. Pursuant to a stipulation imad on the record on Octaber 19, 1987, and later made a part of the record by an xecuted Stipulation dated October 26� 1987, the licensee has admitted to the following factual statements which have been adopted as Findings of Fact by th Administrative Law Judge: 14. Sti ul ted Facts with Res �ec to Ramse Count 1 . The Licensee is licensed ais solid Kaste hauler, a hazardous waste yenerator, and a recycling/transfer� s ation in Ramsey County pursuant to 3- /� � , . _ �'r- i�f7 Ramsey County lice�se numbers 6304,_ 516 , and 6255, respectively. � 2. The Licensee had approximat�ly 2,800 comnercial and 5,300 residential Naste hauler accounts in Ramsey Counity t the time of application for a license as indicated on such applica�io . . 3. The Licensee has collected a s bstantial quantity of acceptable waste . from Nithin Ramsey County subsequent 'to July 13, 1987. 4. The Licensee has not delivered 11 acceptable waste collected in Ramsey County to the Resource Recovery cility in Newport, Minnesota, subsequent to July 13, 1987, and has delivered solid waste to the licensed disposal fatilities in Burnsville, Minn ota and other facilities. 5. A substantial number of License 's waste hauler accounts in Ramsey County are on a month-to-month basis. 15. Sti ulation of Facts with Res e t to Washin ton Count 1 . The Licensee is licensed as a c rcial waste hauler in Washington County. 2. The Licensee had approximately 48 comnercial and 217 residential kaste hauler accounts in Washington Coun y at the time of application for license as indicated on such applicatjon 3. The Licensee has collected a su stantial quantity of acceptable waste from within Washington County subsequent to July 13, 1987. 4. The Licensee has not deliver�d ll acceptable waste collected in iVaShinyton County to the Resource Recave Facility in Newport, Minnesota, subseque�t to July, 1987, and has delive ed solid waste to the licensed disposal facilities in Burnsville, �linne ota, and other facilities. 5. A substantial numbers of the Li ensee's waste hauler accounts in Washington County are on a month-to-mant basis. 6. The Licensee made deliveries to he Resource Recovery Facility in Newport, Minnesota on the 6th, 13th. 20t and 27th of August, 1987. Such deliveries aggregated 6.77 tons of solid aste. DISCUS ION As a result of the above Stipulations adopted as Findings of Fact of the Administrative Law Judge� the Licensee ha , in effect, admitted to being in violation of the Ramsey County and Washin ton County designation ordinances. However. the Licensee has tendered an �ff'rmative defense to these admitted violations by asserting that it is exemnpt from the provisions of the Waste Management Act and both of the County sol d waste ordinances by virtue of a "grandfather clause" found in the statwte and ordinances. The statutory exemption �of the Waste anagement Ac� is found at Minn. Stat. § 115A.83 and reads as follows: -4- /'`'' � . • - 115A.83 fExemptionl. The designation may not apply o or include: (1 ) materials that are separated from sol',id aste and recovered for reuse in their original form or fior se in manufacturing : processees; or (2) material t at are rocessed at another � . resource recover facilit t he ca acit in o eration at the time that the desi natibn lan is a roved b the reviewing authority. (Emphasi added) . Ramsey County has implemented this reVu rement is subsection 6(B) of the Ramsey County Solid Waste Ordinance whi h provides, as follows: 6. Statutor Exem tion for Ex stin Resource Recover Facil t es. Acceptable was e rocessed at anot er resource recovery facility, provided th t: 1 . Such facility was in operation at the time of approval by the metropali an council of the county's �designation plan, on Dece ber 13, 1984; 2. Such acceptable wast shall be exempt only at the processing capacity of suc other facility in operation at the time af proval of the designation plan; 3. The owner of the res rce recovery facility shall provide documentation to t e department within 30 days following a written reques to do so by the department. substantiating the following: the existence of the facility t the time of designation plan approval , the amount nd type of acceptable waste materials processed at the facility at that time; that the facility remains in op ration, and such other information as the departm nt may require. Washington County has also implement d the exemption requirement of Minn. Stat. § 115A.83 in its Washington County Solid Waste Management Ordinance No. 47 and is found at section XI, subsectio 3(B) : which provides, in part, as follows: Subsection 3. Exceptions. 1?he following materials shall be exempt from designation: . . B. Materials processed at aniot er resource recovery facility, provided that: 1 . Such facility was in eration at the time of approval by the metropoli council of the county's � designation plan, on Decemb r 13, 1984; 2. Such material shall be exempt only at the . processing capacity of such other facility in ' 5 � 7 �9-i��'� , . . . operation at the tim�_ o approval of the designation ' plan; 3. The owner of the r source recovery facility shall provide documentatiom t the department within 30 days following a written req est to do so by the department _ . substantiating the fpll wing: the existence of the . facility at the time of designation plan approval ; the amount of materials pro essed at the facility at that time; that the facil�ty remains in operation, and such other information as th department may require. The Licensee has the burden of pr of to establish the affirmative defense of exeroption, t� order for the Liken ee to �eet its burden, it must de��o�strate Dy eredible evide�ce t�a it satisfies all the elements of the exemptio�. T�e Licensee must provje at it Kas operatiny a resource recovery facility, as defined by law, and t�'ha it was in operation on December 13, 1984. The Licensee must then prov�e its operational capacity as of that date. � No more tha� that demonstrated qua�nt ty of waste could then be exempt. Al1 other kaste yenerated within Washi'ng on and Ramsey Counties and handled by this Licensee, would be required �o e brought to the resource recovery facility at Newport, notwithstandjng any exemption. Neither the Ramsey County or Was ington County ordinances expressly define the term "resource recovery facility " However, the enabling legislation found in the Waste Mianagement Act, i� nn. Stat. Ch. 115A. , does define the term. Specifically, Minn. Stat. � 1 SA.03, subd. 28, defines a resource recovery facility as follows: "Resource recovery facilfity ' means a waste facility established and used primar ly for resource recovery, including related and appur enant facilities such as transmission facilities and transfer stations primarily serving the resource recove y facility. In order to determine the full scop of that definition, it is also necessary to define the term "waste facilit�y", which is used within the definition of resource recovery facility. A wast facility is defined both under Minnesota Statutes and under the Ramsey and W shington County ordinances. Minn. Stat. § 115A.03, subd. 35 defines "was�e acility" as follows: "Waste facility" means all property, real or personal , including negative and pos tive easements and water and air rights. which is or may be needed or useful for the processing or disposal of aste, except property for the collection of the waste an property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limite to transfer stations, processing facilities� $nd disposal sites and facilities. The Ramsey Solid Waste Ordinance an the Washington County Solid Waste Ordi�ance have similar definitions. The Ramsey Count.y definition is found in section 1 � subseCtion 13 of the Ra ey County Solid Waste Ordinance, as follows: . -6- �� Waste facility: means all �p�rop rty, real or personal , including negative and posit',ive easements and water and air rights, which is or may be n�ed d or useful for the processing or disposal of wa�te, and for which processing „ or disposal of waste a license 's required under the • _ provisions of this ordinance, e cept property for the . collection of the waste and pro erty used primarily for the manufacture of scrap metal or p per. Waste facility includes but is not limited to ransfer stations, proCessing facilities, and dlsp sal sites and facilities. The Nashington County Solid Waste Ordina ce provides a similar definition and is found in section 1 . subsection 36 and provides as follows: "Waste facility" means all prop rty, real or personal , including negative and positive easements and water and air rights, which is or may be n�ed d or useful for the processing �or disposal of wa�te except property for the collection of the waste and pro erty used primarily for the manufacture of scrap metal or p per. Waste facility includes but is not limited to ransfer stations, processing facilities, and disp sal sites and facilities. Thus, the li�ensee must also prove that n December 14, 1984 the Licensee's facility was used primarily for resource recovery and that the resource recovery did not consist primarily of th recovery or manufacture of scrap metal or paper. Finally, the exemptions found in �he Ramsey County and Washington County designation ordinances do not go to the icensee or to the facility, but rather, goes to the material which wo ld be delivered to the facilit . Thus� if an individual was operating a resourc recovery facility on December 14, 1984, only the quantity of material proc ssed as of that date would be exempt and if the collected material was not br ught to the Licensee's facility, it would have to go to the NSP resource rec very facility in Newport. If material went directly to a landfill , th's would be a violation of the designation ordinances and would subject the licensee to licensing sanctions. The following Findings of this Repor are addressed to the Licensee's affirmative defense of exemption from th provisions of both statute and ordinance. The Licensee bears the burde of proof of establishing this defense. If the Licensee does not meet is burden, then the admitted violations of the designation ordinances are unexcused, and, it would be appropriate to recomnend some discipl�na y action upon the waste hauler's licenses of the Licensee. Historical Back round of Poor Richard's Inc. 16. Richard. Wybierala is the genera manager of Poor Richard's, Inc. , located at 400 whithall Street in St. Pa 1, �innesota. i�r. Wybierala has been engaged in the solid waste business in R msey County for more than 30 years. Nis business has grown from a one-truek peratian to a multi-acre facility in St. Paul . Minnesota. Richard Wybierala s not a shareholder or officer of -7- ( 1 . . . . ��`-- � �� - � � , . Poor Richard's, Inc. His wife, A�ic Nybierala, is the principal shareholder. Other shareholders 1nc ude his father, Lawrence Wybierala and William Butler. , �; 17. The approximate size of �he Poor Richard's facility is ten and ., one-half acrES. It is a multi-purjpos facility. Ther`e is an office trailer . _ wherein the administrative officesla located. There is an adjacent garage . where vehicle maintenance and repairs tafce place. At the west end of the facility are a number of semi-trailer dedicated to the storage of aluminum cans, palettes and paint. 18. Across from the office treil r is an area dedicated to and designated as a recycling dropoff center. The s gn in this inmediate area identifies a Minnesota Pollution Control permit #S -151 (See, Finding 24� , specifies the hours of dropoff to be 7:00 A.M. to 5: 0 P.M. , Monday through Saturday, and lists the rates and charges for car�s, tation wagons, pickups and trailers. There are also rates for tires, mattre ses, davenports and appliances. In the same inmediate area are "dropoff bins' labeled for paper, cans, and glass for recycling. (Exhibit's 456, 457 and 458 . 19. A portio� of the Poor Richard s facility is used for the parking of various-siZed trash compa�tors used 'by the Licensee in his solid waste colleetion service. The Licensee ha�s 1 trucks r�rhhich are registered for his solid kaste collection service. These rucks are parked on the premises at the conclusion of each day. 20. There are currently five ra�np s located on the 10-1/2 acre facility. These ramps were originally constructed of timber r�rhich had long ago began to rot. in 1986, the Licensee began reCon tructing these ramps replacing the rotted timbers with concrete. Original y all the ramps were uncovered. In approximately 1985 or 1986, several af he ramps were covered. Although some minimal lighting existed in 1984, the, li hting in several of these ramps was yreatly improved in 1986. Subsequent'� t these improvements, the Licensee i��reased its volume of processing. �At he end of each of the ramps in a depressed area are roll-off type contain rs. Debris f rom the ramp floor is pushed into these containers for disposa . There are a number of bobcat and other similar types of equipment parked earby several of the ramps. 21 . Ad�acent to the 10-1/2 acre Roo Richard's facility is a two-acre salvage yard comnonly referred to as '!S1 w Joe's'. The Slow Joe's salvage yard is also operated by the Licensee. large part of Slow Joe's is dedicated to the storage of scrap metal ich is then sold to a scrap metal processor. The salvage operation at S,lo Joe's is separate and distinct from the Licensee's comnercial solid waste hauling operation. 22. On September 27, 1974, the Li�en ee made application to the Minnesota Pollution Control Agency for a permit to perate a solid waste transfer station to be named "Solid Waste Trans�er and Recycling Center. " The permit application included a report prepared fo the licensee by McKee and Associates, and was submitted to the Mi'nn sota Pollution Control Agency as part of its application for permit. (Ex. 443) . 23. The proposed recycling and transf r station was to be located at 400 Whithflll Street� St. Paul � on a parcel of and 210.5 feet wide by 120 feet -a� a v deep, comprisiny 0.5 acres. (Ex. 443. p. 1). The intended use of the site was described in the application for p rmit as follows: Site is designed for receiyin refuse brought to site by residents of area. Recyclabl �aat.erials will be salvaged. . Residents will drive vehicles ta curb area and unload . _ refuse into roll-off boxes 1 ated below adjacent to • retaining wall . Small co�'tr ctors will also use the site. (Ex. 443, p. 7) . T�ere is no reference in the applicat on for permit that the site would be used as a transfer station for the li ensee's comnercial solid waste collectian service or that of other c mmercial haulers for this purpose. 24. On February 18� 1985, the Mi nesota Pollution Control Agency issued to "Poor Richard's Transfer and Re¢yc ing Station" permit #SW-151 . The permit was issued pursuant to Minn. Stat. Ch pters 115, 116, and 4730, and Pollution Control Agency Rules ,issued pursuant hereto. 7he purpose of the permit was stated as follows: . This system consists of a tr nsfer station including loading and unloading areas, refuse boxes and other facilities. The orderly reclamation of recyclable material may be practiced. 25. On May 28, 1975, the Licens e. his attorney, Gerald Frisch, and Mr. Hofeling, AIR Research, appeared bef re the Environmental and Engineering Committee of the Board of Ramsey Cou ty Comnissioners in regard to an application by the Licensee for a Ra sey County solid waste transfer station permit. (Ex. 442) . The minutes of he meeting reflect a description of the proposed use of the property in r�la ionship to this application: Mr. Hofeling stated . . : i [the transfer station] accomnodates the garbage th t is not being moved by the city, county� or private ha lers. There would be restricted dumping: cars, ickups, small trailers; and absolutel no cit or r'iva e acker sic trucks allowed. . . . (Emphasis added) .� . i I It was clea:• f rom this discussio� t at the transfer station was desiyned to accomnodate the refuse brought t t e site by residents of the area for recycling and salvage. These mi�ut s further clarify that the transfer station was not intended as a tr�ns er station for the Licensee's commercial solid waste collection service o s milar collection services by other commercial haulers. ', � � I 26. On May l , 1979, the Lic�ns e submitted a letter to the Ramsey County Engineering Department which set� fo th a schedule of rates and charges for cars. station wagons, pickup tru�ks trailers, and smali vans. In describing the planned use of the station, �he Licensee wrote: 'We will not accept any compactor or tandem dump trucks,' un ess facilities are modified." (Ex. 441 ) . 27. On March 2, 1978, the Lice see applied for and was granted a registration for tax-free transacti ns under Chapter 32 of the I�ternal -9- a / �l�- �5�� . . . , Revenue Code. The exemption aas gra�tied o allow Poor Richard's to purchase • tax-exempt "trash containers" for his �ol 'd waste transfer-resource recovery center. (Ex. 438) . Similar certificates of exemption were granted by the Internal Revenue Service through 1985. ( x. 439) . The certificates of exemption do not specify whether or not t e trash containers are to be used . exclusively for receiving refuse brought o the site by residents of the area . . to�sistent aith the solid waste permit gr nted to the Licensee by the . Pollutio� Control Agency. 28. On �larth 14, 1985, the State of innesota, Oepartment of Revenue, yra�ted t�e Licensee's application for an exemptio� certificate as a resource recovery facility. Pursuant to § 297A.25 subd. 1(aa) of the Minnesota Sales a�d Use Tax law, a certified resource �ec very facility can claim exemption for e�uipment used for processing soli� o hazardous wastes. (Ex. 17) . The certificate does not specify any limitati ns. 29. Colleen Nalpine is an envirarnpen al health specialist with the Ramsey County Public Health Department in itsjso id waste section. She has been employed kith the solid waste section �in e 1979 and currently serves as the manager of the ,solid waste section. 'I 6eginning in 1979, Ms. Halpine's duties included routine inspections of solid waste facilities, and reviewing pplications f or licensure. Since 1979. �ls. Halpine has visited the License 's facility at 400 Whithall Street approximately six or seven times. During these visits to the facility, Ms. Halpi�e did not observe the facility bein used as solid waste transfer station by the Licensee for its commercia solid aaste collection servi�ce nor did she observe other comnercial haulers sing the facility as a transfer station for its solid waste. She had, ho ever, seen individuals bringing debris in pickup trucks. station wagons, railers to the area designated as a recycling dropoff center. She also obs�er ed small co�tractors bringing debris there. 30. In 1982, Colleen Halpine had a, c versation with Mr. Wybierala in which he told her that his trucks used 'in is solid waste collection service did not come to the 400 Whithall Street t transfer waste because it did not make economic sense to do so. Rather, th drivers of the trucks took the solid waste straight to a landfill . 31 . Richard Hlavka is a employee o!F t e Ramsey County Health Department in its solid waste section. He first beg his employment with Ramsey County on January 2� 1�85, �ir, Hi�vka's primary uties inc�ude coordinating and hPlping to establish recycling programs in Ramsey County. He is also ��9pOti�ibl� fow in�spectln� 1lcensed ��1�d .ast� facitities in Ramsey County. Since 1985, Mr. Hlavka has visited the Poo Richard's facility at 400 Whithall Street approximately eight to ten times, everal of these visits were for the purpose of inspecting the licensed faci1it . Departmental practice is to attempt to make two routine visits per yea . During these site inspections and visits� Mr. Hlavka has never observed he facility being used as a solid waste transfer station by the Licensee'5 o n trucks used in his solid waste collection service, nor has he observed ot er comnercial waste haulers using t�C fBCility as a transfer station. He ha observed individual homeowners and � small contractors dropping off waste in ve icles such as pickup trucks and station wagons. -10- OZ 32. Scot MacGregor is an emplo ee of the Ramsey County Department of Public Health. On Thursday� August 6, 1987, between 6:00 A.M. and 11 :00 A.M. , Mr. MacGregor was assigned to obser e garbage trucks picking up solid waste in the City of St. Paul , west of Rice treet. At 9:07 A.M. , Mr. MacGregor observed a truck from Poor Richard' picking up what appeared to be mixed �_ municipal solid waste from the Mt. ion Temple near Sumnit and Hamline � . Avenues. The license on the truck s number YU-50946. (Ex. 446, 447) . 33. At approximately 11 :40 A.M. on the same date, Richard Hlavka was on duty from 7:05 A.M. to 11 :52 A.M., at the Burnsville Landfill located in 8urnsville, Minnesota. At 11 :40 p.M , Mr. Hlavka observed the same Poor Richard's truck. license number YU-5 946 proceed west toward the Landfill entrance. (Ex. 444, 445) . The t uc observed by Mr. MacGregor and Mr. Hlavka had no visible NSP registration n�mb r. An NSP registration number is required of all vehicles that tra�sp rt acceptable waste to the NSP facility in Newport. Poor Richard's truck' wi h license number YU-50946 did not return to the Poor Richard 's facility on; 40 Whithall Street, prior to its delivery of its conte�ts to fhe Burnsville', La dfill . Nor did the truck transport any of the contents to the NSP Resour�e ecovery Facility in Newport. 34. Steve Kernick is an employe of the Ramsey County Health Department in its Solid Waste Oivision. His pr mary responsibility is designation enforcement. Mr. Kernick analyzed t e field work and observations of Mr. MacGregor and Mr. Hlavka on August 6 1987 and confirmed that the Licensee's vehicle number YU-50946 transported olid waste directly to the Burnsville Landfill on the same date. 35. On July 10, 1967, the Liaen ee wrote a letter to Patrick Storey, the project manager for the Ramsey/Was�hi gton County Resource Recovery Project. In this letter, Mr. Wybierala first laimed an exemption from the designation ordinance. (Ex. 39) . In this lette , Mr. Wybierala states that he has a 10-year contract with the Burnsville anitary Landfill which expires on December 28, 1992. He also stated t t the majority of his solid waste loads are contaminated with debris that is ot acceptable to the NSP plant in Newport. He further stated that the ajority of the comnercial/industrial accounts where there are on-site roll offs are being source-separated and the recycled material is going directly t processors in the Twin Cities area. (Ex. 39) . This letter maKes no mehti n of "processing" or "tumbling and turning" of loads of municipal solid aste. The NSP Resource Recover Facilit in New ort 36. Northern States Power Com�an operates a resource recovery facility in Newport, �innesota suitable for th processiny of solid waste into refuse derived fuel . The facility is desjgn d to take in 'acceptable waste" and separate out the combustible fraction which makes up approximately 60-70� of the waste. The fraction �s called ! re use-derived fuel (ROF� . The RDF is then reloaded onto 20-ton semi-trailers a d transported to various NSP power plants for combustion. The residue i loaded onto other semi-trailers and tra�sported to landfills. The res9du is approximately 25X of the incoming waste stream. The capaCity of the Ne port facility is currently 1 ,000 ton per . day. The Newport facility has been i comnercial operation since July 29, 1987. _ ,_ a� � . � �'- i�/7 . . . 37. Pursuant to the Minnesot8 S lid Waste i9ana�ement Act of 1980, Ramsey County and Washington County impleme ted a designation plan by amendment to their solid waste ordinances whicl� r quires that alt acceptable waste generated within Ramsey and Washim9t n Counties be delivered to the NSP facility in Newport. The official d signation date was December 13, 1984. 38. In October of 1986, Ramsey nd Washington Counties entered into a service ayreement with Northern Stat s Power Company which defined the rights and obligatio�s of the counties and SP with respect to the management and operation of the designated NSP faci ity. (Ex. 4) . The length of the contract is 20 years. During this 2 -year period, Ramsey and Washington Counties guarantee approximately 280 tons of acceptable waste will be delivered to the Newport facility pe year. This "guarantee" is subject to an�endment f rom time to time by mutua agreement of the parties or when there are "uncontrollable circumstances". 39. The counties pay to NSP a s rvice fee for receiving, processing and transferring or othei�wise handling a 1 of the counties' waste except when there are uncontrollable circumstanc s, the counties' obligation to pay the service fee is�absolute and uncondit onal . The contract further provides that NSP is reauired to accept and proces up to 1 ,000 tons per day of acceptable waste and shall use its best efforts to accept and process an additi.onal 150 tons of acceptable waste if such qua ities of waste are delivered to the facility. In any event, MSP must pr cess the guaranteed tonnage of 280 tons of acceptable waste. 40. NSP is responsible for coll tion of all tipping fees that are established by the counties and char to waste haulers and citizens for county waste delivered to the facili These tipping fees are credited to the counties' service fee pursuant t the terms of the contract. � 41 . The service agreement specif 'es the definition of acceptable waste which is consistent with the definiti n of acceptable waste in the Ramsey and Washington county solid waste ordinan es: Acceatable waste: means was e which is acceptable at the [NSP Newport] facility. Acc ptable waste shall include garbage. refuse� and other m nicipal solid waste from residential , commercial , ind strial and community activities which is generate ,and collected in aggregate, and which is not otherwise d fined herein as unacceptable waste. No amount of hazardo s waste that is regulated by law is acceptable at the fac lity. Acceptable waste shall also nclude acceptable household quantities and acceptable no -household waste, as defined herein. Acceptable household quantity is defi ed as waste which is otherwise unacceptable waste, but which is cont ined in garbage, refuse, and municipal solid Kaste yene`rated from normal b�ou ehald activities. Acceptable � non-household �ldste is waste which' is otherwise unacceptable waste, but which is in contained in garbage, refuse� a d municipal solid waste generated from 2- a commercial � industrial � or conmunit�y acti ities, �rhere the quantity of such unacceptable waste contained in any -load elivered to the Newport facility constitutes an insignificant portion of s ch load. 42. Unacceptable waste is also de�fin d in the service contract and is . consistent with both the Ramsey and Washi gt.on County solid waste ordinances . and is defined as follows: . Unacceptable waste: waste whic is not acceptable at the facility. Unacceptable waste s ll include waste which would likely pose a threat ta h alth or safety or which may cause damage to or materially a versely affect the operatio� of the [Newport] fa�ci ity, including but limited to: explosives; hospital , path logical and biological waste; commercial , industrial , nd comnunity hazardous waste as regulated by federal, tate, and local law; chemicals and radioactive ma�er als; oil sludges; asbestos in identifiable quantities; ces pool , domestic sewage or other sewage sludge; human or a imal remains; street sweepings; ash; mining waste; s udges; demolition debris; waste in liquid state; hazardou refuse of any kind, such as cleaning fluids, used cra�k ase oils, cutting oils, paints, acids, caustics, poison and drugs; and any other materials that may be agreed to from time to time by the parties. . . . 43. The counties are authorized to nter into such service agreements to construct solid waste facilities pursuan to Minn. Stat. § 473.811 , subd. 46. If the counties are unable to fulfill th ir obligations of the service agreement, including their obligation to deliver guaranteed tonnage to the NSP facility in Newport, the county will be n default giving rise to the right of NSP to terminate the agreement. Unless ncontrollable circumstances exist, the counties would be obligated to pay P certain "termination damages" which are substantial and include liquidated mages in the amount of $2,500,000 or � more. Uncontrollable circumstances do ot include the refusal by county licensed waste haulers to deliver accep able waste to the Newport facility. DISCUSSION R GA OING EXEMPTION While it is true that in a discipli ary action such as a license revocation proceeding. the burden of pr ving the violation rests upon the licensing authority, the burden of prov ng an exemption rests upon the licensee. The Licensee has acknowledge that it bears the burden of proof in this issue. Specifically, the Licensee has the burden of proof by a preponderance of the evidence that its acility at 400 Whithall Street was used primarily for resource recovery as of December 13, 1984. A careful review of the law and facts in this cas demonstrates that the Licensee has failed to meet his burden. In order to determine whether the 'censee operated a resource recovery facility on December 13, 1984, it is n essary to look at the nature and extent of its operation at that time. here were at least three major _, _ a 5 . . . ��'� ��J'� activities bei�g co�ducted at the 4�0 hithall Street location: (1 ) A solid • kaste transfer and 1^eCycling center �pu suant to a Pollution Control Agency permit number SW-151 ; (2) A salvage ya operation at Slow Joe's; and (3) a comnercial solid waste hauling service ursuant to Ramsey and Washington County (and other governmental jurisdic ions) permits. : The overwhelming weight of the cred ble evidence in the record indicates � . that the solid waste transfer and reGyc ing center portion of the operation was restricted to refuse brought to 400 Whithall Street by local residents and small contractors in cars. station wago s, pickup trucks, and small trailers. From this refuse brought to the site, M . Wybierala would process and reclaim recyclab.le material . The remaining unp ocessable material would then �be transf erred to landfill . In proceeding before the Board of the Ramsey County Commissioners, the Licensee's own attor ey stated that this transfer and recycling station would be restricted t the small vehicles identified and that "absolutely no city or private pac r trucks" would be allowed. Clearly, t�e "solid Naste transfer station and r ycling center" was only intended to accommodate local residents and small c tractors who brought their refuse directly to the site �and was not intende to accamwdate the compactor trucks of the licensee or any other waste haule . The salvage yard at Slow Joe's is by the Lice�see's own description a scrap yard wherein the Licensee recovers such recyclable materials as brass, copper, iron, aluminum for storage and s bseQuent sale to scrap metal dealers. The licensee describes the ope ation at Slow Joe's to be a major part of his operation. . The only portion of the Licensee's a eration with which we are concerned in this case is the Licensee's comnercia solid waste hauling business in Ramsey and Washington Counties. The Lic see disclosed approximately 5,300 residential and 2,800 comnercial accou�nts in Ramsey County as of May 14, 1987. He disclosed approximately 217 res'dential accounts and 148 cortmercial accounts in �ashington County as of Dec er of 1986. There was no question that 8 substantial quantity of this so'lid waste is acceptable waste from within Ramsey and Washington Counties. T e Licensee claims that virtually all of the solid waste collected by his co�npa tor trucks return to 400 Whithall Street each day and dump the contents ont one of the ramps where the contents are processed by tumbling and turning to eclaim recyclable material . He further claims that the residue of thiS p ocess is then transported from 400 Whithall Street to private landfills in 0 kota. Scott, and Anoka Counties. He f urther alleges that this processing i$ a essential component of his operation and has been going on since lon before December of 1984. The weight of the credible evidence in the he ri�g record does not support the Licensee's assertions. The Licensee has indicated at diff�re times that the processing happens in the evening (Tr. Vol . 2, pp. 111-112) , he morning (Tr. Vol . 18, 16) , between 4:30 P.M. and 7:00 P.M. (Tr. Vol . 8, 16) , and between 4:30 P.M. and 10:30 P.M. (Tr. Vol . 5, pp. 145-146) . On he day of the site inspection, the Licensee indicated that the processing fiin'shed before we arrived at 2:00 P.M. (Tr. Vol . 18, 3, �18) . The Licensee's testlmony that he was o erating primarily as a resource recovery facility as of December 14. 19$4, is further contraindicated by the -14- O�� i - Licensee's own testimony. As Mr. bierala frequently stated in his � testimony, his primary operation co cern is profit and he does not engage in activity which is not likely to liea to profits (Tr. Vol . 2, 84; Tr. Vol . 4, 27) . While the profit motive certai ly is not an objectionable one, it does provide siy�ificant insight into �h realities of how the Licensee operated his business in December of 1984 and since that time. On several occasions in : his testimo�y. Mr. Wybierala indiicat d that he would not engage in certain . resource recovery activity simply' be ause it was not profitable. (Tr. Vol . 11 , 198; Tr. Yol . 13. 162) . He f urt er indicated that many times acceptable waste mixed kith unacceptable waste ould result in the material being taken directly to a landf111 because it ,wo ld �ot be profitable to attempt to separate them. Mr. Wybierala indica ed that the extent of any resource recovery or recycling he would do �wo ld be dependent upon the market for the recovered material which was avai�ab e at the time. (Tr. Vol . 11 , 108; Tr. Vol . 13, 162) . He further testifi'ed that during the mid-1980s� the secondary market for resource recovery materials was very poor. (Tr. Vol . 11 � 108) . He also testified that processing virtu lly stops in the winter (Tr. Vol . 10, 167; Tr. Vol . 13, 44, 6) and in inicle nt weather (Tr. Vol . 10, 167) ; is not do�e on "bum" days, 'regardless of �the season (Tr. llol. 17, 760; and is not � done when it is not economical or pro itable. (Tr. Vol . 5, 106-108, 117; Tr. Vol . 11 , 107-108; Tr. Vol . 13, 162) . The other testimony in the record also does not support the Licensee's testimony that he was operating as a esource recovery facility as of December 14, 1984. Colleen Halpine, an empyoy e of the Ramsey County Public Health Oepartment, testified that in her �um rous visits to 400 Whithall Street, she had never seen it used as a transfer tation by the Licensee or other commercial haulers and had never obse ved the processing of the commercial solid waste. She had� however, seejn ickups, station wagons, and small contractors bringing debris there. ' ( . Vol . 17. 23-24) . Richard Hlavka testified that during his numerous 7ns ections and visits to 400 Whithall Street, he had never observed it being used as a transfer station or observed processing going on by either the Lice see or other commercial haulers, but had seen homeowners and small contract rs dropping off waste from vehicles no larger than pickups or station wagons. (Tr. Vol . 17, 66) . Another important factor in determ ning whether the Licensee was operating a resource recovery facility as of qec mber 14, 1984 is the status of the Licensee's facilities. In 1984 there ere no buildings with walls or roofs covering the ramps. (Tr. Vol . 2, 4Q; r. Vol . 6, 150, 185) . It was not until 1986 that those structures were added ver the ramps. Mr. Wybierala testified that the addition of these structural otections vastly increased the ease With which his employees could perform atever taslcs were assigned to them with regard to the ramps. (Tr. Vol . 3, 40, 42; Tr. Vol. 6, 152, 188, 189) . In 1984. the processing would have had o talce place in darlc or near-dark conditio�s as there was inadequate ligh ing. It could not have taken place during winter or inclement weather beca se there were no buildings with walls or roofs covering the ramps. It would ave had to take place on wooden ramps which were beginning to rot (these ramp were subsequently replaced by new and improved concrete structures) . The phy ical realities with which the Licensee would have to cope in 1984 would, in ef ect, preclude effective resource recovery in the manner described by �he Lice�see. The Administrative Law Judge believes that Mr. Wybier-ala does aar process at least. some of the solid waste collected by his trucks when it i profitable for him to do so. �15 � � �,-i�� 7 . . . - ,. However. thls activity is secondary to h s comnercial solid waste hauling • operation. And certainly, in December o 1984, it was a small part of his total operation. Thus, in light of all he testimony and exhibits, there is i�sufficient evidence in the record to j stify a finding that as of December 14, 1984, the Licensee's primary busines at 400 Odhhithall Street was that of a resource recovery facility. Miscellaneous Findinqs 44. The Licensee has asserted aS a defense that the designation re�uirements of the Ramsey and Washimgt n County solid waste ordinances violate the due process clause of both he state a�d f ederal Constitutions. ko evide�ce was offered by the Licensee to substantiate this claim. 45. The Licensee has asserted as defense that the designation re�uirements of the Ramsey and Washi'ng on County solid waste ordinances are contrary to the impairment of contralct clauses of both the state and federal constitutions. The Licensee has cot�ce ed that none of the contracts in question exceed one year in duratior� a of the comnencement of these proceedings. �More than one year has e apsed since the comnencement of this hearing, and more than one year has el psed since the last of the contracts was offered by Licensee. The LicenSee has failed to show an unconstitutional impairment of contract. 46. The Licensee has asserted as a defense that the designation re�uireme�ts of the Ramsey and Washin ton County solid waste ordinances violate the interstate cornnerce claus . The Licensee has failed to present any evidence to support its claim. 47. The Licensee has raised the ssue that Ramsey and Washington County have selectively enforced these ordin nces against the ticensee and not ayainst other similarly situated and 's a violatian of equal protection. The Lieensee has not established that Ra sey County or Washington County have knowingly failed to enforce the desi nation ordinance against identified individuals or classes of violators. OISCUSSION REGAR IN CONSTITUTIOMA� DEFENSES The licensee has conceded that i bears the burden of proof on constitutional defenses which it ha raised in this proceeding (Prehearing Tr. 1 , 9) . The Licensee has asserted a a defense that the designation requirements of the Ramsey County a d Washington County solid waste ordinances violate the due process clause of b th the state and federal constitutions. No evidence was offered by the L9ce see to substantiate this claim. The statute and ordinances herein must e accorded the presumption of constitutionality to which they are entitled. Aptheker v. Secretary of State, 378 U.S. 500 (1964) . An administr ive agency and an Administrative �aw Judge lack authority to declare uncon�ti utional an agency rule or governing statute. Wronski v. Sun Oil Co a , 109 Mich.App. 178, 310 N.W.2d 321 (1981 ) ; Starkweather v. Blair, �45 �inn. 371 , 394-95, 71 �I.W.2d 869, 884 (1955) ; First 9ank v. Conred, 350 .W.2d 580 (N.Dak. 1984) . Beck, eakken and Muck. Minnesota Administrative Pro edure, p. 184 (1987) . Since the County of -16- g � Ramsey and the County of Washingtort ar ayencies of the State of Minnesota, the Counties and its Hearing Officer a so lack authority to declare as unconstitutional the Waste Managemeht ct of 1980 or the ordinances adopted pursuant thereto. However, even thoug an agency of the state lacks authority to declare a governing statute unconst'tutional , such a claim may form the . basis of an appeal of an adverse decis'on. Accordingly, it is appropriate to � _ allow a participant in an administr�ti e proceeding to develop the evidentiary . record before the agency that will all w proper presentation of the constitutional question on appeal . T record on appeal is limited to evidence considered by that agency. Johnson v. Elkin, 263 N.W.2d 123, 127 (�.08k. 1978) , the North Oakota Supre Court encouraged the development of a record of evidence o� constitutional uestions before the administrative agency even though the agency would 1 ck authority to decide the questions. Such a procedure will avoid the requi ement of a remand to the agency for the taking of additional evidence. Conse uently, the Administrative Law Judge advised the parties at the outset of his proceeding that the parties could make a record for purposes of appeal n the constitutional issues raised. Hokever, the Licens�e has failed tq p esent any evidence to support its claim of the taking of property without due protess and, therefore, the statute and ordinances cited herein have been fou d to comply with the due process clause of both the state and federal constit tions. The Licensee has also asserted th t both ordinances, as applied, offend the impairment of contract clauses of both the state and federal constitutions. In order to establ9sh this defense, it is essential for the Licensee to prove that existin4 contr cts are impaired. Allied Structural Steel Companv v. Spannaus, 438 U.S. 2 3, 98 S.Ct. 2716 (1978) . The licensee has conceded that none of the cont'rac s in question exceeded one year in duration as of the commencement of t se proceedings. (Prehearing Tr. Vol . 1 , 25; Tr. Vol . 1 , 158) . Accordingly, ere are no existing contracts which could be the basis of an impairment laim. Furthermore, even if we would find that the statute or ordinances impai ed the obligation of the Licensee's contracts, it does not necessarily v olate the contract clause if the ena�tment is reasonable and necessar to a legitimate public purpose. Un;ted States Trust Companv v. New Jerse�, 31 U.S. 1 , 97 S.Ct. 1505, 52 L.Ed. 2d 92 (1977) ; Allied Structural Steel C m n v. S annaus, supra; Annotation, State's Exercise of Police Power as onstituting Impairment of Obligation of Contract - Supreme Court Decisions, 1 L.Ed. 1279, 1285 (1979) . Accordingly, the Administrative Law ludge has �ou d that the Licensee has failed to carry its burden with respect to the impai ent of existing contracts claim. The Licensee �as also raised the issue of selective enforcement as a violation of equal protection. To e tablish selective enforceme�t, th� p2rson against whom enforcement is sought m st clearly establish, against a presumption of valid enforcement, th t governmental agencie5 have intentionally, deliberately or syste tically failed to enforce penal regulations against a class of viola ors expressly inctuded within the terms of the regulation while enforcing i.t against others. State v. Vadnais, 295 Minn. 1�, 202 N.W.2d 657 (1972); Yic Wo v. Ho kins, 118 U.S. 356 (1886) . Mere laxity in enforcement or the f ilure to prosecute all violators is not sufficieRt to establish a claim o�f lective enforcement. S.S. Kresae Co. v. Davis, 178 S.E.2d 382 (1971 ) ; State v. Yadnais, 295 �inn. 17, 202 N.W.2d 657, 660 (1972) ; Man ol Midwest Com an v. Yilla e of Richfield, 274 Minn. 347, 143 N.W.2d 813 (1966) . The materia element of this defense is prohibited _,�_ a q . ; ��'- /�i� � . . invidious discrimination and bad faith. - � Despite the wide latitude afforded the li;ce ee in the presentation of its defenses, the licensee has not sustained its bu en of proof to show the knoking and systematic failure to enforce thk d signation ordinances against others similarly situated. Accordingly, the�re as been no denial of equal �_ protection as a result of selective enforcemen in this case. . 6ased upon the foregoing Findings of Fact the Administrative Law Judge makes the following: CONCLUSI NS 1 . The Ramsey County Board of Comaissi ners and the Administrative Law Judye �ave sub3ect matter jurisdiction hgre' pursuant to Minn. Stat. §§ 115A.80 through 115A.893 and 14.55 (1986 , and § XII of the Ramsey County Solid Waste Ordinance. 2. Richard Wyb'ierala, d/b/a Poor Ric ard's, Inc. , received timely and proper ►►otice. of these proceedings pursua to § YIII of the Ramsey County Admi�istrative Ordinance and Resolutions f the Ramsey County Board of Commissioners. 3. Ramsey County has complied with all substantive and procedural re�uirements of statute, rule and due pr cess and the matter is properly before the Administrative Law Judge. 4. Ramsey County must establish t e alleged violations of its Solid Waste Mianagement Ordinance by a prepon rance of the evidence. 5. Ramsey County has established by a preponderance of the evidence that the Licensee has collected a substant'al anaunt of acceptable waste from kithin Ramsey County since July 13, 1 87, and has failed to deliver it to the �lSP Resource Recovery Facility in Ne ort in violation of the Ramsey County Solid Waste Management Ordinance. 6. The Licensee has the burde of proof to establish that it it exempt from the provisions of Waste Manage ent Act of 1980 and the designation provisions of the Ramsey County Sol d Waste Ordinance by a preponderance of the evidence. 7. The Licensee has faile�d t prove by a preponderance of the evidence that it operated a resource recov ey facility as that term is defined in the Naste Management Act of 1980 afi. M nn. Stat. § 115A.03, subd. 28, at the time of approval by the Metropolitan C uncil of the Ramsey County designation plan, on December 13, 1984. 8. The Licensee has the bu den of proof to establish the constitutional defenses of impairment of contr ct, the taking of property without due process of law� violation of the inters ate comnerce clause, and violation of equal . protection of the laws through elective enforcement. 9. The licensee has f�ail d to meet its burdsn-af praof �a show nn - unconstitutional impairment of contract. _,8_ 30 � ' � ' � . ' . � . . ._ 10. The Licensee has failed to � et its burden of proof to show an unconstitutional taking of �vroperty 'thout due process. 11 . The Licensee has faiieA ta et it� bur�ien of proof that the Ramsey . County Solid Waste Ordinance and d�esi nation viniates the interstate commerce . - clause. . 12. The Licensee has failed to et its burdert �f �r��of that Ramsey County officials have intention�l3y a d �nvfQiously �iscrimznate� ir� enforcement amo�y persons in simildr ircumstances, so that the enforcement sought would violate the equal protec ion of the laws. 13. The Ramsey County administra ive ordinance, § YII(G)and (J) provide that any license required under count ordinance rnay b� suspended or revoked for violation of any provision of �he ordi�a�ce under arhich the lir.ense was issued. As a resuit of the admitted ailure of the licensee to take acceptable waste to ,the MSP resource ecovery facility in Newport as provided . by the designation prov�sivns of fihe amsey County Solid Waste Ordinance, disciplinary action is necessary. 14. Any findings of Fact more pr erly termed a Conclusion and any Conclusion more properly termed a Find'ng af Fact are hereby expressly adopted as such. As a consequence of the foregoing onclusions, the Administrative Law � Judge makes the following: RECUMM NOATION IT IS HEREBY RECOMMENDED that the amsey County Board of Commissioners take disciplinary action against. the L censee as follows: (1 ) That the solid waste hauler's license of Richard Wybierala, d/b/a Poor Richard's� Inc. . be susp nded for a period of sixty (60) days. (2) That the imposition of the su pension be stayed for a period of thirty (30) days contingent u on the Licensee delivering all acceptable waste collected by its own vehicles in Ramsey County to the NSP resource recovery facility in Newport. (3) That the Ramsey County Public ealth Department be directed to make frequent inspections during th period of stay to determine compliance by the Licensee wit the terms and conditions of the stay. (4) If at the end of the period of stay of imposition of the suspension, the Ramsey County Board of C issioners finds that the license holder has not achieved a sdti factary level of compliance, the 60-day suspension should be ',im osed. (5) If, at the end of the period o stay of imposition of the suspension, the Ramsey County 6oard of Qo issioners finds that the Licensee has achieved a satisfactory level f compliance, the suspension should be lifted. r19 � / Dated: March --_1�� , 1989. - -�� -� �' �.�� . PHY LIS A. REHA adm nistrative Law Judge OT CE The Ramsey Cou�ty 8oard of Conmi�si ners is requested to serve its final decision upon the Administrative Law Ju ge by first class mail . Reported: Court Reported. (18 Volunies of Transcript Prepared) . . , CONCLUDI�IG EMORA��uM Ramsey County and Washington Cou�ty have proved, by a preponderance or the evidence, that the Licensee has viol�te certain significant provisions of their designation ordinances. Howev�r, the Counties have actually documented only one instance of direct hauling fr a collection point in Ramsey County to a landfill following the adoption of the ordinances. Accordingly, the Administrative law Judge believes th�t evocation of the Licensee's license to operate in both Ramsey and Washington C unty is too harsh a sanction under these circumstances. The Licensee's ac ions are mitigated by the fact that the desiynation reauirements are very r cent and require substantial changes in licensee's operations. It is obviou to the Administrative Law Judge that � the Counties did not expect 100x com�li �ce with the designation ordinances, immediately. For example, the Counties were aware that the NSP facility in Neaport might have to close or suspe�d r interrupt the designation requirement. In these events� haulers ould not be allowed to deliver any waste to the facility until the countie reinstated the designation requirements. During these interruptio s, haulers were advised that they could deliver to a landfill of their ch ice until the designation requirement was reinstated. (Ex. 10) . Another mitigating factor is that is is the first case in either Ramsey or Washington Counties wherein a cornne ial waste hauler's license is proposed for revocation as a result of the fail re to comply with the designation ' ordinances. Accordingly, there is no recedent or administrative or judicial interpretation of the designation ordi nces upon which the Licensee could rely in determining whether or not h!e s exempt from the designation ordinances. The instant proceeding is a case of first impression. Because of these mitlgating circum tances, the Administrative Law Judge has recommended that the Ramsey Cour�ty Board and the Washington County Board SuSpe�d the solid waste hauler's liGen es of the Licensee for a period of 60 days but thet the imposition of the su pension be stayed for a period of 30� days contingent upon the Licensee camp ying with the terms and conditions of -2 - � � I � �1 � , V �JI ( �j � . . the desiy�ation ordi�ances. To mofiit r this ca�plia�ce, the Administrative Law Judge has aiso recornnended that -t e County Public Health Departments be directed to make frequent inspections during the period of stay to determine compliance by the Licensee with th¢ t rms and conditions of that stay. If, at the end of the period of stay of i o ition of suspension, the County Boards find that license holder has not a hi ved satisfactory level of compliance, „ the 60-day suspension should be im os d. If compliance is satisfactory, the suspension should be lifted. The ep rtments of Public Health are in the best position to know the requirements df he desig�ation ordinances and to best supervise compliance. li P. .R. _21_ � � _ � •�� BDUNp••.. . ,�� .�+ }• STAT E Q F M I N N ESOTA OFFICE OF ADMIN TRATIVE HEARINGS FIFTH FLOOR,FLOU EXCHANGE BUILDING 310 FOU'RTH VENUE SOUTH MINNEAPQLIS, INNESOTA 55415 .- Q612) 41•7800 April 0, 1989 Bonnie 3ackelen Chief Clerk Board of Ramsey County Commissioners 286 Ramsey County Courthouse St. Paul , Mi�nnesota 55102 John Jergens, Chairman Washington County Board of Commissioner Washington County Government Center 14900 - 61st Street North Stillwater, Minnesota 55082-0006 Re: In the Matter of the License for Col ection and Transportation of Solid Waste of Richard A. Wybierala, d/b/a Poor Richard' s, Inc. , Counties of Washington and Ramsey; OAH Docket No . CTY-88-006-PR and 9-2102-1862-3; and CTY-88-004-PR and 9-2102-1849'�3. Dear Ms. Jackelen and Mr. Jergens: Enclosed herewith and served upon yo is an Amended Finding of Fact in the above-referenced matter. incerely, ��;��.�.. a- �.�-- ==-�= P YLLIS A. REHA -_ A ministrat9ve Law Judge .� . e t � � --��;.> T lephone: 612/341-7611 s . �AR:-sh ` �`�n c� ;��;::::: �'cc: '�Harry.��D. McPeak °'Rich�ird D. Hodsdon �John=:E. Daubney James"E. Daubney AN EQUAL OPPOR'TU ITY EMPLOYER �!� I .a � , � 9- /�i7 . CTY-88-004-PR CTY-88-006-PR 9-2102-1849-3 9-2102-1862-3 STATE OF INNESOTA OFFICE OF ADMINIS RATIVE HEARINGS � FOR THE COUNTIES aF SHINGTON AND RAMSEY In the Matter of the License for Collection and Transportation of AMENDED FINDING OF FACT • � Solid Waste of Richard A. Wybierala, ; � d/b/a Poor Richard' s, Inc. , Counties � of Washington and Ramsey ; ± , On March 9, 1989, the undersigned dministrative Law 3udge issued Findings � of Fact, Conclusions of Law and a Re�om endation in the above-entitled matter. It has come to the�Administrative Law J dge' s attent9on subsequently that the � March 9, 1989, document contained a �le ical error with respect to the � numerical amount of tonage of acceptabl waste which the Counties guarantee will be delivered to the Newport facili y on a yearly basis. The Administrative Law Judge wrote in Findi g 38 that Ramsey and Washington Counties guarantee aproximately "280; to s of acceptable waste w911 be delivered to the Newport facility per year". `The appropriate tonage is 280,800 tons of acceptable waste per year. Accordin�gl , the Adminlstrative Law Judge makes the following: FIN F A 38. <AMENDED) In October of 1986 Ramsey and Washington Counties entered into a service agreement with North�rn States Power Company which defined the rights and obligations of the Counties and NSP with respect to the management and operation of the designated NSP fa ility. (Ex. 4> The length of the contract is 20 years. During this 20- ear perlod, Ramsey and Wash9ngton Counties guarantee approximately tons of acceptable waste will be delivered to the Newport facility per ear. This "guarantee" is sub�ect to amendment from time to time by mutual greement of the parties or when there are "uncon:trollable circumstances". o.:, *: Dated: Ap;ri 1 /�� , 1989. � — t.�! �= �4` „� a_ �.._:;::.; � ��i, _=, R.a � � ��— � — �.-� �, — .�:�:,— . ```'�p� PH LLIS A. REHA Lr.� � d��. � � " Ad inistrative Law Judge rj-) L:�a C� C� � �� • •+ , ! w/ • � � ,�,�. I �-L�i , � ��'-0�/I . . ( -� c�., �- : � � s . FE 1 & S O N S� I N C■ �3s I 156 HOMER STREET � � MUNICIPAL UTIUTIES . 6RADIN6 s� PhOfl@: 698-8829 ��E� ��t��,� � SAINT PAUL. MINN. 551 16 , � . . �'� 0 a ' Ap il 9, 1986 Richard Wybierala — � �5 EX�� • Poor Richard's Incorporated 400 Whitall Street St. Paui , Minnesota 55I01 RE: Lots 2 and 3, Block 4 Stinsons Addition to St. Paul Dear Mr. Wybierala: Enclosed you will find correspondence wh ch we received today from the Division of Housing and Building Code En orcement of the City of St. Paul. Tf�is letter is self-explanitory. Upon inspection of the property in quest on we find that you have, without permission or authority, stored and plac d many and various types of equipment,_ gravel and debris. Your acti n must be considQred as willful trespass and we ask that the property b restored inmediately to its original condition. Original condition is meant to be lev�el nd free of debris and the grass reseeded sa that it can ance again be mowed. The only �quipment authorized to be gto d there is owned by our Company and has been located on the property since rior to 1970. This letter confirms our personal conta t with you at your establistanent to 12:00 noon this date. incerely, RFEI� SONS, INC. j/��v,�j-- end J. Or ei resident� GJO/prm Encl . CG: John NardwithF[] LQI (1 portuni v Employer . � t.... P�+�. 7CF7 C� n9 1� .. � ` •, .,� � /� ; 4��tt o�.'' . r , : - � � ;:;/ /�� CITY OF SAINT PAUL ��L G DEPARTMENT OF COMMUNITY SERVICES �� .• �Q D11��S� OF HOUSING ANO BUILDING COOE ENFORCEMENT ... �� ' cHr►au.s�r,�.�,�ou ss�o2 M,�,a, , I 6�2•29e-4r2 April 7, 19$6 • Mr. Geno Orfei ORFEI Investment Company 1156 Homer Street St. Paul, Minaesota 55116 Re: Lots 2 and 3, Block 4 Stinsons Addition to $t. Paul Dear Mr. Orfei: We have recently received a comp aint regardiag the storing of commercial vehicles and equipment on the ab ve-referenced. property. This property is located in an RM-2, multi-$am ly residential, zoning district. Storing of commercial vehicles or materi 1 is not permitted in this district. Therefore, all commercial veh�cl s and euqipment must be removed from this property withia 10 days of th�s etter. If you have any questions regard g this matter you may contact me at: 298-4215. Sin erely, ! � . , , ;'John Hardwick , : Zoning `i JH/ch ' ' r�;� "f�� s��. CITY OF SAINT PAUL ~0 ''r' OFFICE OF THE CITY ATTORNEY �`�• �t �; �: %� iiii�i'ii ii �c= <;m EDWARD P. STARR, CITY ATTORNEY �Q":�u,�,Q.°'m�''`�` 647 City Nall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR June 13 , 1989 The Honorable Val Higgins 1766 Morgan Lane Long Lake , MN. RE: City of St . Paul v. Poor Ric ards, Inc . OAH Docket No. 8=2101'-2774�=3 Our File No. 588-�3P16 Dear Judge Higgins : Please accept this as the short letter brief of the City of St. Paul in the above entitled mat er. You will find enclosed as prom ised, a copy of Chapter 62 f the St. Paul Leg islative Code, with particular emphasis on the section dealing with parking lot requirements, Section 62. 10�3=104 . The five parcels of land involv d in this case clearly are being utilized in a manner that cons itutes a nonconforming use. The issues in this case are (a) id this use pre-date the 'new' zoning code; and (b) if the ans er to (a) is yes, have those uses been enlarged, increased or ex ended to occupy a greater area of land? If the Court finds that Poor Richards, Inc., has violated the zoning code of the City o St. Paul , then such violations are the basis for taking adverse action against all the licenses held by Poor Richards, Inc . (S c . 310. 416 (b) (6) . The first question is fairly s raightforward and in this case has become a question of fact. here is no claim that the uses of Parcels A, B, C, D & E are co forming uses under the 1975 zoning code. There has been no claim that the definition of nonconforming use contained in Chapter 62.1f�2 of the St. Paul Legislative Code is vague or mbiguous , or defective in any other way. The burden of proving the e istence of nonconforming use status rests on the property owne . See Ch. 62.1P12 (a) . In this case, Poor Richards, Inc . , (PRI) h s failed to meet this burden . 1 The proof offered by PRI is that of it' s manager , Richard Wybierala. Another witness, Wi liam Butler, was not com petent to testify because he admitted on ross examination that he was not familiar with the use of the pr perty on a continuous basis since October 24 , 1975. The other itness offered by PRI , Richard Bodsberg, gave such detailed testimony about the details of the uses and dates of purchase by, his em ployer PRI, that it could not be considered as credible evicle ce. The testimony of Mr. Wybieral�'a oncerning Parcels A, B, D, and E, unerringly was that he used the and for the storage of dum psters since well before 1975, or that is predecessors in ownership had used the parcels for storage of sewer pipe and excavation equipment. Mr. Wybierala ac�m ' tted that Parcel C had not been used for storage, and in a ve�y revealing comment said the land had been sitting "stagnant" un il he turned it into an illegal parking lot. It is clear from City's Exhib ' ts E-I that all of the parcels involved were sitting "stagnan " in 1975. Parcels B, C, D and E are identical in appearance in E hibits D, E and F. Parcel B and A are first seen with dumpsters being stored on it in Exhibit H, dated 4-8-77. Parcel D was fir t used with trucks being stored on it in Exhibit J dated 4�18�85 and Parcel E first shows signs of use in Exhibit I dated 4 -27- 2. From this one must conclude that a non=conforming use w�s not established under the new zoning code of 1975 , since t�ae ands were all vacant then, and thus use of the land must confbr to the RM=2 zoning. Were the court of a mind to acc pt unsupported statements of Mr. Wybierala, the defendants case f ils as it is clear that the uses of each parcel has been enlarged, increased or extended to occupy a greater area of land. The claimed pre-existing use of Parcel A for the parking of two tow trucks certainly is not the quivalent a use as the storage of 181 dumpsters as admitted by �Ir . Wybierala , and shown graphically on the video tape, i C ty's Exhibit K. The claimed pre-existing uses of Parcels B and D, the storage of sewer pipe and related equipmen , certainly is not equal to the extensive grading and fillinc� one by PRI and the parking of dozens of dum psters, some nearly the size of a box car. 2 ' ��%;�--,��!� Parcel E is claimed to have een used since 1965 for the storage of semi - trailers. Surel the storage of 180 some small dum psters, and several large ones to the yard of the land (and at tim s the p°int that not a square is covered , is not the equiva ent of u ome trailersf Way in front) Parcel C was conceded by the efendant as having been stagnant. The truckloads of class 5 fi 1 , the railroad ties, the fence, clearly are an expanding of th use. The premier case on expansion of nonconforming use was Co, u_ nty of Freeborn v. Clausen, 203 N.W.2 323 (1972) in which the Supreme Court acknowledged the validi use ordinances, and restrictio s on thei r ex �a s on.n�Thenforming el im inating these uses throu h obsolescence, destructi on or exhaustion was accepted as a eans of achieving the purpose of zoning, the uniform use of land consistent with the overall plan. In this case the County had r fused to allow the defendant to construct a shed on land he had used for storage and work on his equipment. The Supreme Court easoned that the building would prolong the nonconforming us and considerably lessen the likelihood that it would be e1i inated in the foreseeable future. In an earlier case, Howard v. V ' lla e of Roseville, 7�1 N.W.2d 4g4 (1955) , the Supreme Court uph ld a decision of the Village disallowing the expansion of a obi l e h o m e o f 1 7 h omes, to 37 homes. In his case, as rin fthe one punder consideration, the use of the Ian before and after the expansion was the same, Howard was a mo ile home storage. The clear conclusion i that thepextentRof lthe use�is as valid a consideration as is th tYpe of use. In this case the court has no evi ence whatever on the extent of the claimed land use prior to O,ct ber 1975, Mr. Wybierala gave evidence about the similarity ',of use by the prior owners, none about the extent of the use. occupied border to border with e u learly if the lots had been bY PRI , the neighbors wouldq aven remembered Sit and dthe photographs would have shown it. PRI has not proven a pre-existing nonconforming use for any of the lots. PRI has clearly enlazge , increased or extended the use to occupy a greater area of la d. clear preponderance of the evidenc th t e ch lot v iolatesb he 3 zoning code of the City of 5t. Paul , and the Court should so conclude. In addition, the City has pr ven by a preponderance of evidence that Poor Richards, Inc., has violated Section 125.A1 of the St. Paul Legislative Code on Nove ber 14, 1988 by placing a dumpster on a publ ic boulevard and th t Poor Richards, Inc., operated or permitted to be operated unli ensed garbage collection trucks in the City of St. Paul on Nove ber 10 and November 22, 1988, in violation of the St . Paul Legi lative Code. On the basis of the above=des ribed violations, the City would ask the Court to recommend r vocation of the license for Poor Richards, Inc. Respectfully submitted , i�f�.u�0'�� `t �� THOMAS J. YANDT Assistant City Attorney Attorney Reg. No. 116336 Enc . cc : John E. Daubney 4 . � t° l`�F� � , , ' LAW OFFICES JOH E. DAUBNEY ATTORNEY AND COUNSELORS AT LAW 70 LANDMARK TOWERS 34 ST. PETER STREET JOHN E.DAUBNEY ST. PAU , MINNESOTA 55102 16121 224-4345 JANET C.FESLER" "ALSO ADMITTED IN WISCONSIN June 10, 1989 The Honorable Val M. Higgins 1766 Morgan Road Long Lake, Minnesota 55356 RE: Saint Paul City Licenses for Poor Richards, Inc. My File No: 9345 Dear Judge Higgins: I am writing this Memorandum n letter form because there have not been any formal Cour proceedings initiated. The matter involves the licenses issued y the City of Saint Paul to Poar Richards, Inc. , for the trans ortation of solid waste and the placement of containers on cu tomers properties to collect large quantities of waste from sing e establishments, such as manufacturing plants and construction sites In the Hearings held before y ur Honor, the City of Saint Paul was represented by Assistant Corp ration Counsel, Thomas Weyandt, and Poor Richards, Inc. , was repr sented by the undersigned, John E. Daubney. The City is seeking total revocation of the licenses issued by the City of Saint Paul to oor Richards, Inc. . Poor Richards has 15 licensed compactor typ of trucks to pick up solid waste and several hundred individual co tainers varying in size from 2 cubic yards to 65 cubic yard capaci y. Richard Wybierala is the Gene al Manager of Poor Richards, Inc. , the corporate stock of which is 1 rgely controlled by members of his own immediate family, and they ar also the corporate officers . Poor Richards has been in the tras hauling business for over 30 years, with its headquarters on, and adjacent to, 400 Whitall Street, on Saint Paul' s eastside, lying etween Westminister Street on the west and Burr Street on the e st. The principle charges against oor Richards, relate to alleged violations of the Zoning Ordin nce in the City of Saint Paul. The current Ordinance became effec ive on October 28 , 1975 , and testimony related to the use and develop ent of the subject premises, prior and subsequent to that date ar of material consideration. The Honorable Val M. Higgins ' June 10 , 1989 Page 2 � For ease of identification the arcels involved were identified as parcel A, B, C, D and E. Pa cel A is a single lot at the southeast corner of Westminister and York and presently improved with an oversized double garage, which ' s used for storage of parts for repair of the trucks and contai ers. Parcel B is four contiguous lot on the north side of Whitall, lying between Westminister and Arkwri ht, and presently used for the storage of containers of varying size, nd kept there in storage until needed at a particular site. Parcel C is two lots fronting o the north side of Whitall, between Arkwright and Clar.k, and one co tiguous lot fronting on Clark Street. It is presently being used for ersonal parking by Richard Wybierala and members of his immediate fa ily while working at the home operation of Poor Richards, Inc. , at 400 hitall, the south side of Whitall between Clark and Westminister. Parcel D is a single lot on the west side of DeSoto, one lot south of Whitall. Parcel E consists of two lots a the south east corner of Whitall and DeSoto. This is presently noccupied but used as a means of transporting roll-off container to premises south of these lots, owned by Poor Richards, Inc. , a d upon which substantial amounts of fill have been placed, apparent y without a permit from the City. of Saint Paul. Testimony was adduced from vary ' g city employees and neighbors that the storage of containers on �a el E occasionally created nuisances from noise and smell from the � co tents of the roll-off containers that on occasion are stored ther overnight. No off-street parking permit has ever been obtainedjfo Parcel C, although the neighbors praised Poor Richards for hav�ng taken a weed covered lot and graded it, covered it with a surfacing aterial known as "class 5" and put picnic benches there which are a ailable for neighborhood usage. One witness for the City testifi d that on one occasion one of Poor Richards trucks was not roperly licensed as it picked up trash in the City of Saint Paul; although it did bear proper State licenses, it did not have the ap ropriate City license. On another occasion a tag was issued for a oll-off container that projected out into the city boulevard without aving obtained the necessary permit from the Department of Public Wo ks. Essentially, the complaints agai st Poar Richards are based on claim of violation of the Zoning Ordinance for which Poor Richards asserts a defense of the so-call d "Grandfather Clause" , or non- The Hanorable Val M. Higgins . -��- /��I The Honorable Val M. Higgins June 10 , 1989 Page 3 conforming use, as its more prop rly ca.11ed. An examination of the pre-1975 Z ning Ordinance, discloses that the southeast corner of York and Wes minister, Parcel A, bore a zoning classification of light indust'ri 1, a� did the south side of Whitall Street extending easterly fro� W stminister Street to Edgerton; extending further south from Whi all Street, the properties bore a heavy industrial classifica�io , to the railroad tracks. Parcel B also bore a light inc�us rial classification as did the entire block within which its � co tained, bordered by Arkwright on the east Cayuga on the north, � W stminister on the west, and Whitall on the south. Parcel C on the north side oflW itall between Clark and Arkwright under the old ordinance bore a ommercial classification. After October 28, 1975 , Parcels A, B, C, D and E, all were zoned RM-2 which is a multi-family zonin;g lassification. TSS E Is Poor Richards, Inc. , en itled to continue its present usage, which is of a light industri�l ature, as to Parcels A, B, D and E? ARG NT There is no claim by Poor Richards, Inc. , that Parcel C, the lots used for personal parking by the Wybierala family, can be used as a parking lot for comm rcial vehicles, or even as an employee parking lot, without a change n zoning to a parking classification or to an industrial classificatio because it is ancillary to property that is industrially zoned and used. It is this parcel that the neighbors almost uniformally p aised for an improvement over the vacant lot which was covered w th weeds it existed prior to its acquisition by Poor Richards. It is likewise conceded that t e placement of fill on the industrially zoned property lying south pf arcel E should have been done pursuant to a permit issued by the C�t of Saint Paul, but certainly constituted an improvement over the und�v loped series of industrially zoned lots lying adjacent to the heavi�.y traveled railroad tracks on the south end of the Poor Richard dev'el pment. Undoubtedly if a permit had been sought it would of been ranted by the City, but, as Mr. Wybierala testified, he had an opportun ty to get some free fill from a nearby road construction site, and: h took it. The Honorable Val M. Higgins June 10 , 1989 Page 4 Testimony was in some conflict as to Parcel A, with Richard Bodsberg, who had lived two doors south f Parcel A, testified that in the early 1960 ' s it had been used the owners of a towing company who stored their towing trucks on e rear of the lot. The residence on this lot subsequently burned an from that time forward it was used for surface storage of small ro 1-off containers and parts and equipment within the garage its lf. Several photos of the entire area were presented by the City Attarney' s Office, but all of them were flown at a time in April w en most of the containers would be out performing the work they we e intended to, and that is at varying job sites, and not in dead stor ge on Parcels A and B, and south of Parcel E. LEGALITY OF ZONING ORDINANCES D NON-CONFORMING USE ORDINANCES The comprehensive plan, zoning rdinance and zoning map, are tools of land use control. It wasn' t until 1926 when the United States Supreme Court in the case of Th Villa e of Euclid vs. Ambler Realt Company, 272 U.S. 365 , 47 Supre e Court 114 , that a zoning ordinance had sustained a constitutional hallenge on the basis of depriving a person of property without du process of law. See United States Constitution, 6th and 14th Amen ments, and the Minnesota Constitution Article I, Section VII . A residential zoning ordinance ay constitutionally prohibit the creation of uses which are noi�- onforming, but existing non-conforming uses must either be permittedit remain or be eliminated by use of emminent domain, and do not h�.v to be allowed to expand or enlarge. See Freeborn Count vs. Claus�e , (1972) , 295 Minn. 96, 203 N.W. 2nd 323 . A mere change in ownershi of land is not in itself constitute an extension of a non-conformi.n use. Hawkins vs. Talbot, (1957) , 248 Minn. 549 , 80 N.W. 2nd 863 . In reviewing recent court dec}si ns regarding the legality of non- conforming uses, I find that he courts have held that the non- conforming use must, in subst nc , be the same after the passage of the Zoning Ordinance as it wa p ior to the enactment. Accordingly, the Courts have held that one �en itled to a non-conforming use has the right to repair, restore a�nd replace structures in connection with the use, to engage in us�s ormally incidental and auxiliary to the non-conforming use, anc� t modernize and employ improved instrumentalities in connectidn ith such use. The general rule is that a non�-c nforming use which is in existence when the Zoning Ordinance is e;na ted cannot be changed to a non- conforming use that is substan,ti lly or entirely different. However, not every change in par iculars or details in the method of a non-conforming use, or in equi ment, objects or processes The Honorable Val M. Higgins June 10 , 1989 ,, Page 5 ' in connection therewith constitu s and unauthorized change of the use. Ordinarily, the Court will not', s culate as to the number of acts or business transactions neces�a to constitute an existing use, since an existing use means util ' zation of the premises so that they may be known as being employed i the neighborhood for a given purpose. While there a few cases exactly point, it appears that an increase in the volume of a use, althou�h it renders the use more obnoxious to its neighbors, is not a cha�g of use. For example, in a case where a non-conf�rming user in r ased his wholesale fish business and the increase yielded stronge smells and additional traffic, the New York' s Supreme Court hel that an Ordinance which prohibited a change of use was not violated. The Court' s have held that a Z�n' ng Ordinance forbidding the enlarge- ment or extension of a non-con o ing use such as a mobile home park, does not prevent an increase in he amount of use within the same area, so that a non-conforming u e may not only be continued, but also increased in volume and int nsity, and such a use is not limited to the precise magnitude of the se which existed at the date of the Ordinance. State ex rel How rd vs. Villa e of Roseville, (1955) 244 Minn. 343 , 70 N.W. 2nd, 404 nd Connor vs. Township of Chanhassen, (1957) , 249 Minn. 205 , 81 N.W. ' 2 d 789 . The Courts have held that a mere increase in the volume of a non-conforming use does not affect its validity or constitute a cha ge of use. The Ohio Supreme Court determined in the case of Hunzik r vs. Grande, 8 Ohio App. 3rd 87 , 456 N.E. 2nd 516 , that where a n rsery was a valid non-conforming use, a City could not er.join the nursery from operation where it changed from a mostly wholesale usiness to an even wholesale-retail business. The Court held that a increase in the volume of business does not constitute an unlawful xtension of an non-conforming use where the amount of land and the nature af the use is unchanged. The Iowa Supreme Court in the ca e of Central City vs. Knowlton, 265 N.W. 2nd 749 , found that the key issue was whether or not the land use is being changed in n t re. The Court stated that its generally held that an increas� n business done on a parcel of land comprising a non-conforming us� s not an extension of use. The Iowa Court quoted from a Marylan decision wherein the Court stated: "The basis premise und rlying zoning regulations is to restrict rathe han expand non-conforming uses. However, an i�t nsification of a non- conforming use is perm ssible so long as the nature and character o the use is unchanged and substantially the same facilities are used. " �%,��` l�� 1 e Val M. Higqins , The Honorabl June 9 , 1989 page 6 The Iowa C°urt further stated tha ' to area rather use res rictions aPP Y ��Non-conforming unked than inpentory•�� ed number of 7 while an increas Such an found that undesirable, inventory case the Court tremelY in�reased or area In that area ls from the an agricultural rin iple if the structure is not cars in no different in p • a1 area, of the business , increase is Store in a resident operation Zoning Ordinance. rocery the complet of the does not alOne of a g used in e actment are actual1Y extended after the an increase in business use. enlarged °r held that of a non_�onforming The Court therefore extensio (19641 ► 26� an unlawful oseville vs. Markhamof u5e did not constitute unless it of the Villa e of ere intensif�hetp°opertY usaqe. The the case 2nd 507 , a the prior 127 N.W• haracter °n�rease of Minn. 517 � �onforming use ement or non- enlar violate t h e a Substantia l CODE constituted A�, LEGISLATI� Sub- pROVISIONS �F SP'INT Code states in 102 of the Saint Pa 1 Legislative SectiTa h2 �a) � ermit legal parag P this Code to P uses eXisting ��It is the intent ° structures or they are lots until non-conforming 1975 to coneitheir survival'� • on October 25 ► n�ourag removed but nOt tO it is st ed� or amendment aragraph (c1 adoption that has In subp ctive date �f exists Code „Where, at the eff of land terms of this lawful uunder the of this Ordinance► issible be continued, made no longer a en ed► such use lawful, subject to as enacted �r ins otherWise So long as it rem isions: be the following PrO use shall No such non-�onforming nor extended (1) or increase area of 7-and than enlarge a greater date of to a�� Y the effective Code. was oc upied at this adopti n or amendment °f Qf the land non-canformin� use a eriod of �3� If suc anY reason for p ent u5e ceases for in a subseq 90 da S or more► I ��--��r� ' �, � ► ; � � .�Y�.:: ��: � 343 �, � � ! , �:; OF THE CITY OF SAINT P L, 1975 � � held anywhere within the city. No- Adopted y the Council August 28. ' ' I ; p� � . tice o f t he t i m e a n d p l a c e o f s pecial 19Yea�Co cilmen C 1 u 1 s tens e n, H u n t, �� I _ .r :� meetin Bs shall be served upon each , ; � y �g s; member of the council an d t he m a y o r Lev inei,R o l e r,S y lvester,Tedesco,Mr• � f s-_:. �a manner prescribed by tlie coun- president ( ozza)-7• ' t '"�' cil. The busmess conducted at the Nay9—a• 11 �r special meetings shall,be confined to Apppove August 29, 1975. � ; -��- that stated in t1�e notice. p � SECTION 2 OMAS J. F{EL1.EY� : ( 7 Acting M8Yor. . This ordinance shall become eff rova ie �:.. ninety (90) days after passage,app ( eptember 24, 1975) , i 1_ �, �d publication, unless the effective � .d date is delayed by the filing of a pe�- T LE OF CONTENT3 ' � ,L f- tioa P�'suant to law• ; L �< Dated September 12, 1975. Item • ;e ROSE NIIX. g0.100 SH RT TITLE � i d City Clerk. gp,2pp IN NT AND PURPOSE � 4, (September 20, 1975) 60.300 CO STRUCTION OF � .0 ;_'.' LA GUAGE : 6p.301 D TIONS 60.400I DI RICTS ESTABLISHED � ! ;e �` OFFICIAL PROCEEDINGS 60.402 DI� RICT BOUNDARIES � •� �' OF THE COUNCIL ERPRETED j � er 60.403 ZO ING OF VACATED AREAS � . � ?- 60.404, DI TRICT REQIJIREMENTS � ± u, �� pg,DINANCE 60.410 R- THROUG71 R-4 ONE-FAM- � t ,,s_' IL RESIDENTIAI+ DISTRICT ie . " 60.420 � 1 TWO-FAMILY RESIDEN- ' .1� �� DISTRSCT � c- - � a �� C o u ncil File No. 264550—Ordinance No. 60.43� T I 2 D�� S� •. � � 15881—B9 Leonar d W.��e— 60.440 R -1 LOW-D E N S I T Y. L O W- i � � : 1 An ordinance adoptfng a new zoning � IDENTIAL DISTRI�CTY �; i Je ordinance for the City of Saint Pau1. � al - repealing.Chapters 60. 61, 62. 63 and 64 60.45Q R "2_RMSEMULTIEPISE FAMILY :1 �. L IDENTIAL DISTRICT ve -:; of the Saint Paul Legislative of Saint �! �i- .'�.� the zoninS maP of the City gp.460 -3 HIGH DENSITY, HIGH- Paul gI MUI,TIPLE-FA.�'III.Y � <-. ',.i � ls:- SIDENTIAL DISTRICT - The Council of the City of Saint pa� 60.470 O -1 OFFICE-SEAVICE i'� Does Ordain: D TRICT f� SECTION 1 C�•480 B LOCAL BUSINESS 4 D TRICT Y BUS�SS That Chapters 60, 61, 62. 63 and 64 of 60.490 B COMMUNIT !. - the Saint Paul Legislative Code, com- D TRICT � ��',� monly referred to collectivelq as tlie 60.500 B GENEBAL BUSINESS , �� Zoning Code.of the City of Samt Paul, D TRICT and the official zoning map of the CitY gp,510 B CENTRAI+ BUSINESS �.,7 � of Saint Paul are hereby repealed en- D STRICT BUSINESS- '.g ` tirely. 60.5?A B 5 CENTRAL � S RVICE DISTRICT , � ng SECrION 2 B0.53I0 I- INDUSTRIAL 1 DISTRICT he C I ��' nd That the attached document entitled 60.540 I- INDUSTRIAL 2 DISTRICT 't .� - ••Proposed Zoning Ordinance for the 60.55p I- INDUSTRIAL 3 DISTRICT �21 City of Saint Paul", together with the 60.580 E EXPRESSWAY SER�7ICE I,,�! .;� o� attached maps entitled "Zoning Map of D STRICT he `� Saint Paul" aze hereby adopted as the 60.570 P STRICT �AR P�HING ; I';�t�; � zoning ordinance Eor the City of Saint 60.580 P PLANNED DEVELOPMENT ,� Paul. STRICT ' ��' 'e 61.1�0 S HEDULE OF REGiTLATIONS , ', I i��f � SECTION 3 61.1 1 SIDENTIAL DISTRICTS Notwithstanding any other ordinance 611Q2 T SIZE VARIATIONS +� �c- pr resolution to the contrarY. C1�is new a Average Lot Size (i{i :he zoning ordinance is initiated before b Residential Open Space 'n- the Saint Paul City Cotuicil by the 61.1p3 SINESS DISTRICTS �.�� nd filing of one copY of the attachment 61.1b4 DUSTRIAL DISTRICTS i,�;c' ch labeled "ProPosed Zoning Ordinance g1.1D5 ECIAL DISTRICTS � �� ng for the City of.Saint Paul" and one 6z,pp0 ENERAL PROVISIONS I�,;' •nt set of maps enhtled 'Zoning Map of 62,1pp NFLICTING REGiJI.ATIONS � he Saint Paul". 62.1p1 OPE � ed sZ'LOZ SES��ORMING LAND AND 4.I ' ' � SECTION 4 Intent ��E i t eu a roval and , Nonconformin8 Lots Following its Passage, PP ,•;,, � he publication, this ordinance will be , Nonconforming Uses of Land '��}I ;� called "The Zonin� Ordinance for the , Nonconforming Structures City of Saint Paul'. . Nonconforming Structures �. s _he and Land � �e_ SECTION 5 . Repair and Maintenance � ,�;� :he This ordinance shall take effect and . Change of Tenancy or � . � on be in force thirtY (30) days after its I I: �ur passage, approval and publication. 62.103 ARKINGhREQUIRENLEl`iTS , , ;; : ; be ., I l i ,'�j• h II � . A; . I. �I � � , (' F. I f b ' � � I, t � C�y �i!�,i� !� �7 !!� �n�-_,� y f�4��N� _ I( I� r=-� ;� . r , ,f�.� - I{� ! 344 PROC DINGS OF THE COUNCIL ~ ��' � 1 ;' i S�• 1 ;i ' � Item 1. To promote and to protect the pub- �` (Z ` ii 62.104 OFF-STREET pAR G SPACE lic health, safety, morais, and gen_ a:`= J - LAYOL7T, CO TRUCTION eral welfare of the community; �'r- t I; AND MAINT�NA CE 2. To classify all property in such 1 62.105 OFF-STREET LO ING AND manner as to reflect its peculiar (3 !E iTNLOADING suitability for particular uses; � 62.106 ACCESSORY B DING 3. To regulate the location, construc- � � 62.107 PLANT MATER - tion, reconstruction, alteration, and -- � � � GREENBEI.T use of buiidings, structures, and i. At 62.108 SITE PLAN REV W land; d� , j, 62109 RESERVED FOR UTURE USE 4. To insure adequate light, air, pri_ cc 62.110 OBSCURING WA LS/FENCES vacy, and convenience of access to al � � 62.111 EXTERIOR I;.IGH ING property; _ j. A� ! 62.112 RESIDENTIAL E TRANCE- 5. To conserve property values; bc ` � WAY 6. To protect all azeas of the City m •`4 � � 62113 CORNER CI,EAR CE from harmful encroachment by in- " 62.114 SIMILAR U$ES compatible uses; 60.301 62.115 SIGNS 7. To prevent the overcrowding � For ,1 � : a. Definitions land with buiidings; terme :(; b. Required Co itions S. To avoid undue congestion of popu- �e = i; � c. Signs Permitt d by Districts lation• them � t: I 62.116 PRIVATE RESI ENTIAL 9. Ta fix reasonable standards to heref_ � f, POOLS which buildings, structures, and 60.302 �: ; 62.117 PERFORM.hNCE STANDARDS uses shall conform; _ ••ACC� ; 62.118 HEIGHT DISTR CTS 10. To lessen congestion in the public �y � � 63.000 GENERAL EXC TIONS streets by providing far off-street conn� ��;�� ,. 63.100 ESSENTIA�. SE V I C E S r par king o f motor ve h ic ies an d for case 63.101 VOTING P A off-street loading and unloading of spacc ; � ; 63.102 HEIGFiT L�T commercial vekucles: zonir . ;�� , 63.103 LOTS ADJOIN G ALLEYS il. To facilitate the adequate provision ., it is 63.104 MiTLTIPLE D ELLING SIDE of transportation, water, sewage ` � ' YARD disposal, education, recreation, and {r: qt Wh; i 5;� ` j 63.105 PORCFiES other public requirements; '"= cesso j� ° 63.106 PROJECT NS INTO YARDS 12. To provide,for the elimination of ;� An � � � 64.000 ADMIPIIS RA ON AND noncon£orming buildings and struc- �, limit� r�`y� � ENFORCE N tures and for the elimination af � a. R� �j � 64.100 ENFORCEIVIE nonconforming uses of land; �; � �. 64.101 DUTIES F Z PTING 13. To defss�e the powers and duties r� a' ?I'` I ADMINIS�RA ION of the administrative officers and • - b. S �� 1�: � 64.102 SITE PLAN bodies; ° g 'i ! 64103 BUILDING P MITS 14. To provide penalties for violations "' 64.104 CERTIFI�ATE of the provisions of this Ordinance �� c. D �� 64.105 FINAL INSP TION or any subsequent amendment s: t' t.f�.' 64200 BOARD pF PEALS thereto; and, e b f � 64201 CREATION D MEMBERSHIF' I5. To provide for a Boazd of Zoning �;, d. A .� '.i�:i 64.202 MEETINGS Appeals and its powers and duties. � ,g:;. � i j ` 64.203 APPEAL � � b F 1 '-: 64.203 DECISIOQd B BOARD OF .'= a` �`r� ; ' ZONINCY AP PEALS 60.300 CONSTRUCTION OF '�'` '�, e �� 64204 DECISIaN B CITY COLJNCIL LANGUAGE: ; ;:; e. S � ` 64.205 NRISDIlCTI N The following rules of construction � � .i�1 i.." 64.206 ORDER$ apply to the text of this Ordinance: �,, 5 ,�;,,' 64207 NOTICE a. The particular shall control the gen- ? - 4 } +r'' 64208 MISCFT,T• OUS •� � � 3 �f� i 64209 PLANNING OARD eraL � ' f. t APPROVAI,. b. In case oE any diSerence of inean- �-= � f+ � in or im lication between the text s• �� +f 64.210 AMENDME S ofgthis Ordinance and any caption � � . e }� y I �� 64.211 AMENT3ME LIMITATION or fllustration, the text shall con- � ; � � 64.212 REPEAI, O PRIOR c. Th�e word "shall" is mandatorY, and �.� e?"-- S• E � „', ORDINANC the word "may"is permissive. �� -� � , 64.213 INTER�RE TION � �. " 64214 VESTE R HT d. Words used in the present tense in- ';, t 64.215 VIOLA'TIO 5 clude the future; words used in the � _ Z i �' '. singular number include the piural 5 ; 64.216 PUBLIC N SANCE PER SE and the plural the singular, unless ' '"�" a�'. h. L t �,I , 64217 FINES, IM RISONMENT �e context clear]y indicates the '�, f '. 64.218 OFFENSE A SEPARATE � »..� 64.219 RIGH'PS A D REMEDIES ARE e. The word"building"includes"struc- � �� ` c ture" and any part thereof. , � i. E � � � CUMIJLAT f. The hra�e "used for" includes"az'- t �� ' 64220 SEVERAN E CLAUSE r�ged for,° 'designed for," "�- f �, '! 1 ,� ; APPENDIX A tended for," "maintained for;' or . �x � � � APPENDIX B 'occupied for:' j. e � g. The word 'person" inciudes an in- � ��` - APPENDIX C dividual, a corporation, a partner� � � ��. ' ship,an incorporated association,or ,,., - �� x 60.100 SAOBtT T any other similar entity. � ' . ► ,I ' h. Unless the context clearly indicates ` �'`� �% fo c This Ordimanc shall be Imown and where a regulatioa in- � �- , may be cited as he Saint Paul Zonin �e contrary, condi- � , �h: abu Ordinance. g volves two or more items, gen� �. I tions,provisions,or events connect,- � � j ed by the conjunetion "and," �'. ; � �r`- 60.3� "either . . or," the conjunctioa g �., � tion r I 60.200 INTENT D PURPOSE: shall be interpreted as follows� �`' � typt This Ordipanc is adopted by the City (1) 'And" indicates that all tlie � };a mer ' ;' of Saint Paul r the following pur- connected items,conditions.Pro- < , dati h { ; ,�. poses: visions,or events shall apply. - ' . bea- f, r �r I ='�� ` '' �?a"" '�'c;-.. I > �, , f �'I ' � �� '. � � : - '� ' x �•,y.. � . � �ny' � �*' � _ � ; , ii�r � � Ilii '� ;�. �� '� i ��, ": � 370 PROCE ING5 OF THE COUNCIL '' ' �I NOTES TO 61.105 SPE DISTRICTS: ' b. � ! (a) The intent of this dis ict is to �ermit planned development throughout � the City which shall substantially in accord with the Comprehensive :' Plan of Future Lamd U In reviewing pianned developments the Ylanning - d �I Commission shali e guides the standazds for the individual districts as set forth in this "�C DULE OF REGULATIONS;' Section 61.100. n� (i (b) The height of the'stru ure may exceed two (2) stories or thirty (30) feet re when the land parCel c meet the requirements as set forth in the Note (e) pr � Section 61.103, w. ��I (c) Off-street parking shall be permitted to occu � il py a required yard after ap- �- , proval of the parkjng an layout and points of ingress and egress by the � � �I Planning Commissiion p ovided that there shall be maintained a minimum setback of ten (10),feet between the neazest point of the off-street parking °� � �I area, exciusive of ecce driveways, and the nearest right-of-way as indi_ d: cated on the Major,Tho oughfaze Plan. d� (d) In those instances wh ein a P-1 District abuts a dedicated � � of at least twen public alley, f� ty (20) eet in width, ihe lot width may be reduceri to 2p u; f feet and lot area to 2 00 squaze £eet if the Planning Commission finds e; t onAicting with u�la sed as the parking lot maneuvering lane without ar � st t (e) Wherever a P-1 District 's created,there shall be provided irontage setbacks � � i � j equal to at least the imum required setback standards set forth in the t ! "SCHEDULE OF REG ATIONS" which pertain to the adjoining districts. � R ' A wall shall be lorated n the minimum setback line. - ls i (f) No side or rear yazds s all be required except in those cases wherein the tE � P-1 parcel has a cqmm relationship with residential yazds across a com- 5� � mon separating str@et o are adjoining to side yazds in the same block,the�} (- a yard equai to thie mi imum side yard required in the adjacent distric� shall be required. (g) No building or struct other than that for the shelter of the attendant - �= shali be erected. 82.000 GENERAL PRO'VISI NS �� 62.100 CONFLICTING REG ATIONS: �`. Whenever any prov8sion of this Ordinance impose more stringent require- (• ;� �;' ments, regulations, restricti s, or limitations than aze imposed or required by the provisions of any oth law or ordinance, then the provisions of this �� Ordinance shall govern.Wh never the provisions of any other law or ordinance ; � impose more stringent req irements than are imposed or required by this a, I i Ordinance, then the pr0visi s of such ordinance or ]aw shall govern. . � (' �: : p� � 62.101 SCOPE: - � �� '; No buiiding or stru ture or part thereof, shall hereafter be erected, con- ` o a} � structed, or altered an� ma tained, and no new use or change shall be made �`�' n - ��; j,r or maintained of any build g, structure, or land, or pazt thereof, except in f� t �i conformity with the pxbvisi ns of this Ordinance. � :4 .� Iii �. . . �k 62.102 NONCONFORMTNG OTS, NONCONFORMING USES OF LAND, NON- ( � � i CONFORMING STR CTURES. AND NONCONFORMING USES OF �� ,; STRLTCTLTRES FiND REMISES: " �+ � � , a. Intent : #� � { �' It is the intent of this O inance to permit legal nonconforming lots, struo- ;� ( �� } tures, or uses existin� on the effective date of this Ordinance or amendment ��,x ,}!�� thereto, to cont gue until they are removed but not to encourage their sur- � ,. vivai. St is reco nizld t t there exists within the district established by '� e, I } �� this Ordinance and subs quent amendments, lots structures, and uses of : I �} land and structures whic were lawful before this�Ordinance was passed or t�'� ' �' amended which would be rohibited,regulated, or restricted under the terau ;^F4 r {,` ' of this Ordinance or futu e amendments. ....,e� t. s! �� Such uses are declarpd b this Ordinance to be incompatible with permitted • f n �'� uses fn the districts 1nvo ed. It is further the intent of this Ordittance that �' - :��jj nonconformities shall not be enlarged upon, expanded or extended, aor be � � y� used as grounds for' add g other structures or uses prohibited elsewhere `�, , 4� �,; in the same district. A n nconforming use of a structure, a noneonPorating ...,�,t � �� , use of land, or a na¢ico orming use of a structure and land shall not be " � � estended or eniarge�l aft r passage of this Ordinance by attachment on a -`'w l � r �i` building or premisesi of dditional signs intended to be seen from oS t1�e � `' �� . ,; premises, or bq the add ion of other uses af a nature which would be �r� �;j c. � prohiMted in the diStrict involved. f ! To avoid hazdship n�o in this Ordinance shall be deemed to reguire a �.�`� ; � ' change in the plans, co etion, or designated use of any buildmg on - � . �� ! which actual construCtion was lawfully begun prior to the effective date of ,. �i '; � � .'� adoption or amendm�ent this Ordinance and upon which actual building -�x - �' construction has bee�► di gentiy carried on. Actual construction is hereby ) ` defined to include the pl ing of constructfon materials in permanent posi- =w� ; � 3 `I tion and fastened in� pe manent manner; except that where demolition or . + q 8�� removal of an exist' g ilding has been substantially begun preparatory .. n tj� to rebuilding, such idem ition or removal shall be deemed to be actual - :� ��{, I. ': construction, providekl th t work shall be diligently carried on until com � ,� � „ ;� pietion of the builditig i olved. ; � . ' �� - �; �'!' : I. F " =a , �, � a � :' ;� ,i ��°y . _ :�! -�� - Y : :a� i , -::�,,.� �:`; � :'; . �� ' � i _ _ -' + OF THE CITY OF S T PAUL, 1975 37'1 r,' b. Nonconforming Lots � � throughout ��_,_' In an3'district in which single-family d ellings aze permitted, notwithstand- ; , lprehensive inB limitations imposed by other provisi s of this Ordinance, a single-familq ; � �e Planning ��', dwelling and customary accessory buii ngs may be erected on any single � districts as � lot of record at the effective date of a option or amendment of this Ordi- i nance. This provision shall apply even though such lot fails to meet the 100. ` ;': requirements for area or width, or bot that are applicable ia the district; i .y (30) feet • rovided that yard dimensions and othe requirements not involving area or � ne Note (e) � �� {dth, or both, of the lot shall confo to the regulations for the district i after ap- st+ � Which such lot is located. Yaz'd req ' ement vaziances may be obtained � � -ess b the p" through approval of the Board of Appe Is. i �� •� If three or more lots or combination of lots and portions of lots with � I + ,et �,� continuous street frontage in sinBlq o rship are of record on the effective � p 8 date of this Ordinance or amendments ereto, and if all or part of the lots , + I� � � ��- .: do not meet the requirements for lot 'dth and area as estabiished by this Ordinance, the lands involved shall be onsidered to be an undivided parcel � ublic alley � for the purpose o f t h i s Or din a nc e, a n n o p o rt i on of said pazcel shall be � iuceri to 20 used or occupied which does not me t lot width and area requirements ssion find,q established by this.Ordinance, nor sha any division of the parcel be made ae without which ]eaves remauiing any lot with dth or azea below the requirements ; I }1 stated in this Ordinance. �' ge setbacks c. Nonconforming Use of Land (Without tructures) � �rth in the Where, at the effective date of adopti n or amendment of this Ordinance, 1��i _g district�' �� lawful use of land exists that is ma e no longer permissible under the i � !! s` terms of this Ordinance as enacted or ended such use may be continued, I herein the - so long as it remains otherwise lalwful subject to the following provisions: oss a com- � � alock,then (1) No such nonconforming use shall b enlarged or increased,nor extended :nt district to occupy a greater area of land t n was occupied at the effective date : - of adophon or amendment of this rdinance; � .f • attendant (2) No such nonconforming use shall e moved in wnole or in part to any i; ��. other portion of the lot or pazcel ccupied by such use at the effective ,; � ";� date of adoption or amendment of this Ordinance; � ` (3) If such nonconforming use oE lan ceases for any reason for a period �s�' of ninety (9 0) days o r m o r e, an s u b s e q u e n t u s e o f such land shall �; ��j conform to the regulations specifi d by this Ordinance for the district in�vhich such land is located; rt require- - (4) Any land on which a nonconfor g use is superseded by a permitted :� � .i �qufred by use, shall thereafter conform to t regulation for the district in which 1 yS og � such land is located and the non nforming use may not thereafter be � ;, ordinance �; resumed. , d by this " d. Nonconforming Structures with Conf ming Use ' �;�. �': � • Where a lawful structure exists at th effective date o4 adoptioa or amend- �;' ment of this Ordinance that co�ald ot be built under the terms of this : � 2 f! Ordinance by reason of restrictions n area, lot coverage, height, yards, • c t e d, con- �= o r o t h e r c h a r a c t e r i s t i c s of the strwctur or location on the lot, such structure � ,�_}��; 1 be made � may be continued so long as it re ins o t herwise l a w f u l, s u b j e c t t o t h e i � ��, except in . following provisions: ; . �: (1) No such structure may be enlarg or altered in a way which increases I '� �� : its nonconformity. ' VD, NON- (2) Should such structure be destroy by any means to an extent of more i ;;, �:�;� USES OF � than sixty (60) percent of its rep cement cost, exclusive of the founda- t ��.. �.: tion at the time of destructibn i shall not be reconstructed except in i � �; � conformity with the provisions o this Ordinance. � ��,;�w �ts, struc- �= (3) Should such structure be maved or any reason for any distance what- , � nendment '-"., ever, it shall thereafter conform to the regulations for the district in ; : ��-� their sur- which it is located after it is_mo ed. I ��! ~ ,l i s he d by ,: e. N onconforming Uses of Structunes a d Land �� :�� 3 uses of F If a lawful use of a structure,or of s ucture and]and in combination, exists ; �� passed or =. at the effective date of adoption br endment of this Ordinance, that would the terms - not be allowed in the district under e terms of this Ordinance, the lawfui � G,,� �= i� use may be continued so long a� it r mains otherwise lawful, subject to the permitted 3;_ following provisions: !� ��' iance that �, �1) No existing,structure devoted to a use not permitted by this Ordinance ;.: �I ',��" d, nor be in the district in which it isi lac ed shall be enlazged, extended, recon- � :�;; r� is elsewhere structed, moved, or structur,ally ltered except in changing the use of ! .;� �nforming the structure to a use permitted 'n the district in which it is located; , �� .� ill not be � � �ent on a (2) An y nonconforming use m�y b extended throughout any parts of a I�{ n off the �_ b u i l d i n g which were manifelstiy ranged or designed for such use, and i �� would be ; which existed at the time o� ad tion or amendment of this Ordinance, �; ! I r, any land outside such but no such use shall be gxte ed to occupy � �'i r re4uire a } building: ' , ,_' ilding on (3) In a 'B" or "I" District n structural alterations are made, any ;u �,' e date of nonconforming use of a st uct e, or structure and premises, ma} be f building changed to another nonconf�ormi g use of the same or a more restncted � � i t�� ia hereby ' classification provided that the Board of Appeals, either by general ; ;J � ient posi- ; rule or by making 8ndings a ecific case,shall find that the proposed ! ; `,� t�` olitfon or use is equally a ppro priate r m re appropriate to the district than the eparatory � existing nonco n form ing us . In permitting such change, the Board of � � ��, �� x actuai � A�peals may require aPPr pria e conditions and safeguards in accord I, � ntil com- = wrth the pwrpose and inte of is Ordinance. Where a nonconforming _ � use of a structure, land, o str ture and land in combination is here- I .��i i� �" F � , ��i ►1� 1 ' �i 'I. �; � �i �, ;� � ,� � �} ; , , ;; , , ! �;� :1 ;i, i I'I�r �^..�::�� :;� � i.,;; �� :� �I�� _ �� 372 PR�CE DINGS OF THE COUNCIL � Ij i ]. Fc i after changed t0 a ore restrictive classification, it shall not thereafter de I�f be chanped by the oazd of Appeals to a less restricted classification aF under tlus ciause. D cisions of the Boazd of Appeals under this section k P ,I shall be final, spbje only to judicial review by a court of competent i; jurisdiction by Certi razi and not by Trial De Nobo. ar w: I (4) Any structure, or ctures and land in combination, in or on which a i �� nonconforming use superseded by a permitted use, shall thereafter �; � i conform to the re ation for the district in which such structure Lq I' located, and the non onforming use may not thereafter be resumed; 1. R (5) When a noncon�form g use of a structure, or structure and premises E i;� in combination, 3s di continued or ceases to exist for 365 days or for 548 n, � days during an ee yeaz period, the structure, or structure and I � premises in cor�bina ion, shall thereafter be used in conformance with m, � ; i the regulations pf th district in which it is located. Structures occupied di � � by seasonal uses sha be excepted irom this provision; (6) Where nonconfokmin use status applies to a structure and premises in i �� combination, re�nova or destruction of the structure shall eHminate the � � nonconformfng 5tatu of the land. � (7) In any OS-1, B-1. B- , B-3 District existing residential uses shall not be �l � nonconforming 8s to se of structure and land and may be structurally ! ! enlarged, exten�ed, econstructed, or altered provided no additional i dweiling units ate a ed on the lot and only after the approval of the � � ' Planning Commi�sio ; f. Repair and Mainten8nce � On any building devote in whole or in pazt to any nonconforming use, � j work may be done in ny period of twelve (12) consecutive months on � ordinary repairs, or on pair or.replacement oE nonbeazing walls, fixtures, wiring, or plumbingr to n extent not ecceeding FYfty (50) percent of the � current replacement cost of the building provided that the cubic content oE � the building as it exist at the time of passage or amendment of this Ordinance shall not be i creased. Nothing in this Ord�nanc shall be deemed to prevent the stren�thening or �� restoring to a safe Condi on of any building or part thereof declared to be � ' unsafe by any otficial ch ged with protecting the public safety upon order of such official. g. Change of Tenancy or wnership �r � There may be a cMang of tenancy, ownership, or management of anq j �+ existing nonconforming es of land, structures, and premises and noncon- 'F ¢( I'� forming structures with nforming uses prgovided there is no change in the f ,� �� nature or character of s ch nonconformin use or structure. � I L� �� 62.103 PARHING REQ�TIRE NTS: There shall be provLded n all districts, except in a B-4 or B-5 District, at ' �� ;� the time of erection or enla ement of any main building, avtomobile off-street ; pazking space with adequate access to all spaces.The number of off-street park- �, j� I, ing spaces,in con7'unction all land or building uses shall be provided,prior �i hF�ly�� , to the issuance of a certific te of occupancy, as hereinafter prescribed. ;� F� � � a. OfY-street pazking far ot r than residential use shall be either on the same k �� "si zoning lot in a P-1 Vehi ular Parking District, or within the same distrlct ;r„] ,� as the principal use and ithin three hundred (300) feet of the building it is � �t�,� , intended to serve, meas ed from the nearest point of the building to the nearest point of the off- eet parking lot. Ownership shall be shown of all i � �, lots or parcels inten¢led r use as pazking by the applicant. - f'� ; b. Residential off-street par 'ng spaces shall consist of a parking strip, parking �� 4 , . bay, driveway, gazage, o combination thereof and shall be located on the j ti �� premises they are inten ed to serve, and subject to the provisions of � �' i� � s , , SECTION 62.106 Accesso Buildings of this Ordinance. . a c. Any area used for o� de gnated as an off-street pazking area shall not be � �� di � changed to any other u e unless and until equal facilities are provided � - t ��i elsewhere. , ��, - iq �� d. Off-street parking shail requfred for all new buildings; for enlargements ;°� , of eacisting buildings, off- reet parking shall be required only for the addi- �;:� �I � � tional usable floor area. � ,� , � e. Two or more buildings uses may collectiveiy provide the required off- _ ' r � street parking in wliich ase the required number of pazking spaces shall s �,� �� not be less than the�sum f the requirements of the several individual uses � �i�'� i computed separately; _� �: r ' f. In the instance of dual fu ction of off-street pazking spaces where operating �:_ p� y! I hours of buildings Qo n t overlap, the Board of Appeals may grant an ( �s ; exception. I ��' 1;' ! ' g. The storage of inerc�and se, motor vehicies for sale, trucks, or the repair � F,�, ; of vehicles is prohib�ted off-street par]ring azeas. -t i i E � h. For t hose uses not �peci cai ly men t ioned, t he req u i rements for off-s t reet `�. �'�. � pazking facilities shaJl be n accord with a use which the Planning Commis- �� ;. �' � sion considers is sim[lar type. � r� x � I j i. W hen uni ts o r m e as{y�em n t s de termining t he num ber o f require d p az k i n B � 1 , � I spaces result in the �Sequ ement of a fractional space, any fraction up to � �?, � �+ � ; and including one-half sh 11 be disregarded and fractions over one-haif shall :: �� .�� require one parking Spac _� :� � � '1 � �; �, � k F^ �- � � �� ; �� !i' � '� .�� - .� ,i . . - . _ � �.-� � I �� `�- � �� /`r�'��' _ _ s��'o, CITY OF SAINT PAUL` �� >9 ;; �� OFFICE OF THE CITY ATTORNEY '� iwu�nm ,� ':;; "" 101 ��' EDWARD P. STARR, CITY ATTORNEY �```'n,��•��,,-�'`_ 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER , MAYOR • REC�� . MAY 3 �q , May 2, 1989 � �� Mr . Richard Wybierala, Pres . NOTICE OF HEARING Poor Richard' s, Inc. 400 Whitall Street Saint Paul, Mn. 55105 RE: Poor Richard' s, Inc. Dear Mr. Wybierala: This is to notify you that a earing will be held concerning all the licenses held at the premises stated above at the following time, date and place: Date: June 1, 19 9 Time: 9:AQl a.tty. Fourth Fllo r Conference Room Saint Pa;ul Public Library 90 West 'Fo rth Street St. Paul;, n. 55101 The judge will be an Admi�i rative Law Judge from the State of Minnesota Office of Admini�t ative Hearings: Name: Jon I�. unde Address : Fifth� F oor , Flour Exchange Building 31P! Sou h Fourth Street Minneap lis, Mn. 55415 Telephone: 341='7164 The Council of the City� of Saint Paul has the authority to provide for hearings co;nc rning licensed nremises, and for adverse action against� s ch licenses , under Chapter 31� , including sections 31 �. 05 and 310.(�6 , of the Saint Paul Leqislative Code. In the ase of licenses for intoxicating and non=intoxicating liquor� a thority is also conveyed by section 340A.415 of the Minnesota tatutes. Adverse action may include � revocation, suspension, fin s and other penalties or conditions. Evidence will be presented o the judge which m ay lead to adverse action against all the lice ses you hold at the above premises as follows : , . . s I . You have used three residQnt ally=zoned parcels, for which legal nonconforming use statu has not been established, for the conduct of your trashj h uling and transfer business , including but not limited �o: a. the storage, parkin and placem ent on such parcels of vehicles , equipment and du psters; b. grading, im provem�en s and installation of fixtures on one or more of such parcel ; c. the use of such lo s for access to industrially- zoned lots, and for drivi g � industrial and commercial vehicles across said resid�ntial lots; and d. other activities Xe ated to or arising out of said business . ' Such uses have continued �t east for substantially all of � 1987, 1988 and this part o'f 989, and involve the following three parcels of land: (i) ots 2 and 3, Block 4, Stinson's Addn. (S.E. corner of Wh ' t 11 and DeSoto) ; (ii) Lots 12, 13, 14 and 15, Block 9, E� R ce' s 4th Addn. (N.W. corner of Whitall and Arkwright) ; a�d ( iii) Lot 1, Block �, Stinson's Addn. (S.W. corner of WMi all and DeSoto) . Such uses violate the provisions of th Saint Paul Zoning Code. II . You have established a parki g lot for your �:se and that of your employees or others wi hout site plan approval and in violation of the zoning cade on property located on Lots 2 and 3, Block 6, E. Rice' s ls Addn. (north side of Whitall Street, west of Clark Street) . III. You have established a new u e or expanded an exist�ing use, i .e., exterior ind ustrial s orage, without the site plan review which is required w en the property so used abuts residentially zoned prope�ty This violation concerns your use of Lots 6, 7 and 10, Blo k 4, Stinson' s Addn . IV. On November 11 and 22, 1988, you operated or permitted to be operated garbage or refuse c llection trucks in the city of Saint Paul which were not li ensed . � . , s . / �/ V. On November 14, 1988, yo laced a dumpster on a public boulevard or place with a ermit as required by section 125.01 of the Saint Paul Leg ' slative Code. VI . You have violated the ter s of a settlem ent agreement entered into on November 4 , 1988, in which a previously- scheduled hearing on the question of revocation of suspension of your licen es was continued upon your agreement to comply with the following terms: a. you would permanen ly discontinue any use other than residential of ( i) Lot and the N. 1/2 of Lot 5, Block 8, E. Rice's 4th Addn. (S.E,. orner of York & Westm inster) ; and ( ii) Lots 2 and 3 , Blo�k 4, � Stinson' s Addn. (S.E. corner of Whitall and DeSoto) . � You did not comply as to the arcel described in ( ii) above. I b. you would disconi�in e the parking of trucks and automobiles on Lots 2 andl 3 Block 6, E. Rice' s lst Addn., and use the property only f'or residentially�zoned uses until and unless the zoning was cha ged. You did not comply with this ondition. c. as to Lots 12, 1�, 14 and 15, Block 9, E. Rice' s 4th Addn. (N.W. corner Whi�a 1 and Arkwright) , you were to have erected before May 1, 19 9, a proper obscuring fence or barrier to screen residential properties, with all necessary design rev iew and perm its , a d to make proper appl ication for a curb cut on Whitall Str et. You did not comply with this ondition. You have the right to be represen ed by an attorney before and during the hearing if you so c oose , or you can represent yourself. You may also have a pe son of your choice represent you, to the extent not prohibite as unauthorized practice of law. The hearing will be conducted in ac ordance with the requirem ents of sections 14.57 to 14.62 of the innesota Statutes, and such parts of the procedures under aec ion 316.�J5 of the Saint Paul Legislative Code as may be applica le. � � • , s At hearing , the Administrative Law Judge will have all parties identify themselves for the rec rd. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross=exam ine. The 1 icense may then of fer in rebuttal any witnesses or evidence it may, w sh to present, each of whom the City attorney may cross�examine The Administrative Law Judge may in addition hear relevant an material testimony from persons not presented as witnesses who h ve a substantial interest in the outcome of the proceeding; for xample, the owners or occupants of property located in close pr ximity to the licensed premises m ay have substantial interest 'n the outcom e of the proceeding. Concluding arguments may be m,ad by the parties. Following the hearing, the Judge will prepa�e indings of Fact, Conclusions of Law, and a specific recomm endati n for action to be taken. You should bring to the heari g all docum ents , records and witnesses you will or may ,ne d to support your position. Subpoenas m ay be available to �co pel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 140f�.70PJ0. If you think that this matter ca be resolved ar settled without a formal hearing, please contac or have your �attorney contact the undersigned. If a stipula�io or agreem ent can be reached as to the facts , that stipulati n will be presented to the Administrative Law Judge for ncorporation into his or her recommendation for Council actio . If you fail to appear at the hear 'ng, the allegations against you which have been stated earlier n this notice may be taken as true and your ability to challeng them forfeited. If non=-public ! " . . v � .• - .. - �/ / �// : � data is received into evide ce at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 1 .6�J, subdivision 2. Very truly yours, �� - . kJ . PHILIP B. BYRNE Assistant City Attorney (612) 298=5121 Atty. Reg . No . 13961 - cc: Joseph F. Carchedi License Inspector Lt. Donald Winger Vice Unit Albert B. Olson City Clerk Paige Purcell Office of Administrative Hearings John E. Daubney, Esq. Attorney for Licensee John T. Hardwick Zoning Inspector Wendy C. Lane Zoning Inspector ' Robert W. Kessler Citizen Service Office Patricia Pothen Publ ic Works Dept . Patricia Rife District 5 , Ili � - , , . s � May 16, 1988 DIRECTIONS FOR ENTERING THE LIB Y BEFORE HOURS: Because the Saint Paul Public L brary does not open its doors to the general public until 9: 00 a m. , please follow these instructions for getting to the 4th floor meeting room: 1. Enter building through the staff entrance on Washington Street (door in center of est side of building) . 2. Descend the short stairwa . 3 . Take Library' s staff elev tor in landing of stairway (on your right) to the 4th f1 or. 4. Walk through the staff ro m to the far doorway; meeting room is then immediately to y r left. If the meeting finishes befor 9:00 a.m. , you will need to retrace this process in rever e to exit the library. After 9: 00 a.m. the public eleva�or are located in the lobby just outside the meeting room. Parking: • There are some two-hour park ng meters on KellQgg Boulevard � between Market and Washingto Streets, otherwise all other meters surrounding the Libra y are one-hour meters. The only other parking available near the Library is at the Civic Center , Ramp and the Amhoist Tower p. :�....-�-,,�...�-� �,.,,,;�. ..ri,... -__.�.._._�__�._...�..,�.,..�..,,....^._.. ..�..-�.,- � ._. : r�;_ ��i�;� , s:`��" CITY OF SAINT PAUL �,*, o. ��° �� g; ��, OFFICE OF 7HE CITY ATTORNEY ?;r iiii�i�ii ii �' ;,m „� EDWARD P. STARR, CITY ATTORNEY °`�`�,�m°'�'�°` 647 City Hall, Saint Paul, Minnesota 55102 �� 612-298-5121 GEORGE LATIMER MAYOR May 8, 1989 ��id� r ��9 ��.�� HEARlNQ� Jon L. Lunde Administrative Law Judge Fifth Floor, Flour Exchange Buil ing 310 Fourth Avenue South Minneapolis, Minnesota 55415 RE: In the Matter of Poor Rich rd' s, Inc . License Hearing; OAH Docket No. 8-2101-2774 3 . Dear Mr. Lunde: Enclosed please find copies of elevant portions of the 1975 zoning codes, the current provisions o the zoning code, and Chapters 310 and 357 of the Legislative ode. I assume that the licensee will be represented by John E. Daubney, 700 Landmark Towers, Fourth and St. Peter Streets, Saint Paul, Minnesota 55102 . My belief is hat the hearing will not take more than two days. Very tQGttly yours, . , �, PHILIP B�BYRNE Assistant City Attorney PBB:paw enc. cc. John E. Daubney Attorney for Licensee � �' �9" /�� ``� ENSES $310.01 ;,•..,,..=.,=i •��~.;:fi' SUBTITLE A.IN GENERAL Legislative � Code Chapter 310.Uniform License Procedures Cj�s I Licenses � Chapter Automobile Repair Garage and Sea 310.01. Definitions. Body Shop 315 Animal Foods Manufacturing and For the purposes of this chapter, any chap�er o Distributing 316 the Legislative Code pertaining to licenses as her Amusement Rides 317 inafter mentioned, and subsequently enacted ord Mechanical Amusement Devices 318 nances establishing or relating to the requiremen Bill Posters 319 for Class I, Class II and Class III licenses unde Bituminous Contractors 320 suthority of the City of Saint Paul, the term Boarding and ftoominghouses; defined in this section shall have the meaning Dormitories 321 ascribed to them: Bowling Alleys; Pool Halls 322 � Christmas'I�ee Sales 323 Aduerse action means the revocation or suspe Cigarettes 324 sion of a license,the imposition of conditions upo �- Close-Out Sales 325 a license,the denial of an application for the gxan Building Contractors 326 issuance, renewal or transfer of a license, an Dry Cleaning and Dry Dyeing any other disciplinary or unfavorable action take Plants;Laundries 327 with respect to a license,licensee or applicant fo Electrical and Appliance Repair 328 a license. Fire Alarm—Telephone Devices; :�=�,";�; �t;��='��` Bond means a bond meeting the requirement Apparatus Installers 329 �:_�:-: Florists 330 of Section 310.07 and indemnifying the City Food License 331 Saint Paul against all claims,judgments or suit Fuel Dealers—Liquid Fuel 332 c�used by, resulting from or in connection wit Fuel Dealers—Solid Fuel 333 " any licensed business, activity, premises, thin Fumigating—Pest Control 334 facility, occurrence or otherwise under thes Gasoline Filling Stations 335 chapters. Private Fuel Pumps 336 Building offcial means the supervisor of cod Hardware Stores 337 enforcement in the department of communit House Sewer Contractors 338 services. Ice Cream Processing and Distrib- - uting 339 Chapters and these chapters shall mean thi Mercantile Broker 340 Uniform License Ordinance, any chapter of th Milk 341 Legislative Code pertaining to licenses as her Oil—Bulk Storage 342 inafter mentioned, and subsequently enacted ord Opticians 343 nances establishing or relating to the requiremen Pawn Shops 344 for Class I, Class II and Class III licenses unde Peddlers 345 authority of the City of Saint Paul. Soliciting 346 Pet Shops 347 Class I licerzses means those licenses whicl�ca Radio and Television Repairs 348 - be approved and issued or denied by the inspe Rental of Clothing 349 tor, subject to the procedures required by thes R,ental of Hospital Equipment 350 chapters. The following licenses are so classifie Rental of Kitchenware 351 and the numbers shown opposite them correspon Rental of 1Yailers 352 �::�-�=`.��'�- to the chapters in the Legislative Code pertai;nin Roller Rinks 353 ��:.:��::: �,�:�;•v`�; to each license: Sanitary Disposal 354 �::::° Supp.No.4 ' 2027 �. .., , §310.01 LEGLS CODE ' �'•:J".':�'� , i--t...`:.;-.:�'-� . ,'}� �;t�_' . Legislative Legislative Code Code Class I Licenses Chapter Class III L•icenses Chapter Secondhand Dealers 355 Auctioneers 400 Sidewalk Contractors 356 Motor Vehicle and Parts Dealer 401 Solid Waste 357 Bingo 402 Sign and Billboard Construction 358 Bingo Halls 403 Sound Trucks and Broadcasting Private Clubs 404 Vehicles 359 Dance Halls 405 Public Swimming Pools 360 Game Rooms 406 Tow�ucks—Service Vehicles 361 Hotel 407 Tree Z`rimming 362 Junk Salvage and Scrap 408 Vending Machines 363 Intoxicating Liquor 409 Veterinary Hospital 364 Nonintoxicating Liquor 410 Window Cleaning 365 Entertainment 411 Block Parties 366 Massage Parlors and Saunas 412 Tattoo Parlors 367 Conversion Parlors 413 Wrecking of Buildings 368 Masseur-Masseuse 414 Building'I�ades Business Licenses 369 Motion Picture Theatres 415 Building Trades Certificates of Motion Picture Drive-In Theatres 416 Competency 370 Parking Lots 417 Finishing Shop 371 Taxicabs 418 Tire Recapping Plants 372 Gambling License 419 = Transient Merchants 373 ' — - Director means the director of the department ` Class II licenses means those licenses which f finance and management services, unless oth- must be approved or denied by the director, sub- �ise defined in the speci�c chapter, section or ject to the procedures required by these chapters. ubdivision referred ta The following licenses are so classified, and the . numbers shown opposite them correspond to the Division means the division of license and per- chapters in the Legislative Code pertaining to it administration in the department of finance each license: nd management services. Legislative Class II Licenses Code Fee means and includes both the license fee nd application fee unless otherwise provided. Auctioneers=Short Term License Chapter 390 City Gambling Permit Section 402.06 License means and includes all licenses and Soliciting Funds—Tag Days Chapter 391, ermits provided for or covered by these chapters. Temporary On-Sale Beer Section 410.10 person means and includes any person, firm, Temporary Wine and Liquor Section 409.25 rporation, partnership, company, organization, Class III licenses means those licenses which ency, club or any group or association thereof. can be approved or denied only by the council, I shall also include any executor, administrator, subject to the procedures required by these chap- tee,receiver or other representative appointed ters. The following licenses are so class�ed, and � law. � the numbers shown opposite them correspond to Zoning administrator means the supervisor of . the chapters in the Legislative Code pertaining to ' c de enforcement in the department of commu- each license: �� .. �:. . . ��,� Supp.No.4 � • � '2028 . l`.��•. LICENSES §310.02 �.a,• . � "'2fr �`-:�a��:•. :��:v�� :s nity services, or the official charged with resp n- If a license is issued, renewed or transferred be- sibility for enforcement of the zoning code. cause of the existence of an agreement as described (Code 1956, § 510.01;Ord.No.17303, §3,14-29 5; in subsection (1) above, the license may be re- Ord.No. 17569, § 1, 6-7-88) � voked if the licensee defaults upon such agreement. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submit- (a) Form. All applicants for licenses or pe ts ted by each applicant in his application, in addi- issued pursuant to these chapters shall make b th tion to that required by specific sections in these original and renewal applications to the in�pec or chapters, as may be necessary to carry out and on such forms as aze provided by the divisi n. enforce any provision hereunder. He shall require Such applications shall not be received by e in every case the applicant to submit his name; inspector until completely filled out, accomp ed business or�corporate name; names of partners, by all fees, insurance policies, bonds, depo 'ts, officers,directors,shareholders or trustees involved sureties, and indemnifications or certificstes re- in the business; age; address; description or blue- � quired by these chapters,together with the c rti- print of the premises,if any,and the owner thereof, fication required in paragraph(b)below. and locations and addresses of other business lo- cations in Minnesota. (b) Taxes. No person shall be granted a lice se, � � a renewal of a license or transfer of a lic se (d) No reapplication within one year after de� required by the Saint Paul Legislative Qode un- nial or reuocation. No person may apply for any less,prior to and in addition to any other req ire- license within one year of the denial or revoca- ments,rules or ordinances heretofore or here er tion of the same or similar license by the city �,:��r's�';'�� required,the R.amsey County Department,of op- council, if such denial or revocation was based . -.b^:�.` ' ��:�_�:::-. erty Taxation certifies that said applicant has solely or partially upon misconduct or un itness -- paid any �and all taxes, real or personal, b ore of the applicant, evidence of violations of law in• said taxes become delinquent, on any p�'op rty, volving licensed premises, evidence �hat the ap- real or personal,situated within the City of S int plicant had been involved in tfie operation of a Paul and used in connection with the busi ess nuisance, or fraud or deception in the license ap- operated under said license. plication. Denial of a license, as used in this para- �graph, shall include a refusal of permission to Notwithstanding the previous paragraph, the transfer a license to the applicant. A license is council, the director or the inspector may i ue, "similar," within the meaning of this paragraph, renew or transfer a license if it is found that if the basis upon which the revocation or denial of the original license was made would have been a (1) The applicant has made an agree�en sat- relevant basis on which to deny or revoke a li- isfactory to the R,amsey County attorn y to cense of the type subsequently applied for. pay delinquent taxes in periodic install nts; . (e) Reapplication after denia� "interest" of a�r (2) The applicant has properly comr�en d a plicant in revoked license. An application by a proceeding to contest the amount o tax person having an interest in,or whose sharehold- due or the valuation of his prop�rty, and ers or officers have an interest in, any premises . has made all partial payments rec�uir d by or enterprise whose license has been revoked or law in connection with such proce�di ;or to which a license has been denied shall be treated (3) The business property with respect to hich as an application by the person whose license was taxes are delinquent is not own�d b the denied or revoked. The term "interest," as used applicant, but by a lessor, and it�vou d be in this paragraph, includes any pecuniary inter- inequitable to require the lessee to�pay such est in the ownership, operation, management or -=•t;; taxes. profits of an establishment, but does not includP: ��"="="�;' . . . . ��=�%" Supp.No.4 2029 : . . � � i�� §:510.02 LEGI$LA E CODE '��'�"'' . r: :s;,;r:::, bona fide loans;bona fide rental agreements;bona priate, the assistance of other city divisions or fide open accounts or other obligations held with departments in making additional investigations or without security arising out of the ordinary for the purpose of determining whether the appli- and regular course of business of selling or leas- cant is or will be in compliance with all applica- ing merchandise, fixtures or supplies to such es- ble ordinances and statutes.The approval of such tablishment; an interest in a corporation owning other divisions or departments is not required for or operating a hotel but having at least one hun- issuance of a license unless otherwise required by dred. fifty (150) or more rental units holding a specific sections in these chapters. All new appli- license in conjunction therewith; or ten (10) per- cations shall be reviewed by the zoning adminis- cent or less interest in any other corporation hold- trator or his designee for compliance with all re- ing a license. quirements of the Saint Paul Zoning Code, and no new license shall be granted without full com- (fl Prohibition on reapplication; exception. The pliance with said requirements. All new applica- prohibition on reapplication herein provided shall tions involving a premises, location, building or not apply in cases where it is otherwise expressly structure shall be referred to the director of the provided by statute or ordinance. department of fire and safety services and to the � tg) Wuiting period aftc>r �ling oF petition. Any building official for investigation and recom- petition required to be filed with the applicatipn mendation. for any license shall not be considered as offio- (Code�1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) ially �led and irrevocable until seven(7)working days after a petition is received in the inspector's Sec. 310.04. Levels of approval;recommenda- office. During the seven-day waiting period, any tions. signatar of any petition may withdraw his name (a) Class 1 licenses. Where an application for _ : therefrom by written request, and such request the grant,issuance,renewal or transfer of a Class -:.;- shall be appended to the subject petition and made �`�"`�^�� a part thereof. After the seven-day waiting peri- I license meets all the requirements of law, and there exists no ground for denial, revocation or od, signatures may not be withdrawn unless i� is suspension of,or the imposition of conditions upon, shown they were obtained by fraud or duress. such license,the inspector shall grant,issue,renew Signa�ures withdrawn or obtained by fraud or or transfer said license in accordance with the duress shall not be counted in determining the application. suff`iciency of the petition. This subdivision shall � apply in any case where the applicant for a li- (b) Class II licenses. Where an application for cense or license transfer must present a state- the grant,issuance,renewal or transfer of a Class ment in writing signed by a specified number or II license meets all the requirements of law, and percentage of persons that they have given th;eir there exists no ground for denial, revocation or consent to the grant of the license or license transfer. suspension of,or the imposition of conditions upon, (Code 1956, § 510.02) such license,the director shall require the inspec- . tor to grant, issue, renew or transfer said license Sec. 310.03. Investigation and review of new in accordance with the application. applications,etc. I (c) Class 1 and Class II Zicenses, if denied by The inspector shall determine the sufficie#�cy inspector or directon In the event the inspector, and accuracy of each new application and obt�in in the case of Class I licenses, or the director, in such criminal history information as may be u�ed the case of Class II licenses, determines that the • under Minnesota Statutes, Chapter 364, and is application for grant, issuance, renewal or trans- - otherwise available by law. The inspector s13a11 fer of the license does not meet all the require- make reasonable and appropriate investiga�ion ments of law or that there exist grounds for deni- of the premises or personal property, vehicle$ or al,revocation,suspension or other adverse action facilities, as may be involved in or related to the against the license or the licensee, the inspector =-- licensed activity, and shall request, where appro- or director shall recommend denial of the applica- , " - Supp.No.4 030 ,.ti-:�,� LICENSES §310.05 ,�. tion and follow the procedures for notice and h determination that the decision was based on an ing as set forth in Section 310.05. error of law.The filing of an appeal shall not stay �- (d) Class III licenses. Upon receipt of a f lly �e issuance•of the license. (Code 1956, § 510.04; Ord.No. 17455, § 1, 5-21-87; completed application and required fees for a C ass Ord. No. 17551, § 1,4-19-88) III license, and after the investigation requi ed, � . . , the inspector shall notify the council. A pu lic hearing shall be held by the council's commi tee �c. 310.05. Hearing procedures. designated to hear license matters on the gr nt, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III licenses. he ments. In any case where the council may or in- council's committee designated to hear license at- tends to consider any adverse action, including ters may hold a hearing on the renewal of ny the revocation or suspension of a license, the im- Class III license. In any case where the inspe tor position of conditions upon a license,or the denial recommends denial of the grant,issuance,rene al of an application for the grant,issuance,renewal or transfer of a Class III license, or whiere he or transfer of a license, the applicant or licensee council's committee designated to hear license t- shall be given notice and an opportunity to be ters believes that evidence might be receive at heard as provided herein. The council may con- the public hearing which might result in a ion -_sider such adverse actions when recommended by adverse to the application, the inspector or c - �the inspector, by the director, by the director of cil's committee designated to hear license at- �y executive department established pursuant ters shall follow the procedures for notice nd � Chapter 9 of the Charter,by the city attorney hearing as set forth in Section 310.05. Where he or on its own initiative. application for the grant, issuance, renewa or transfer of a Class III license meets all the re- (b) Notice. In each such case where adverse ac- - - quirements of law,and where there exists no gro d tion is or will be considered by the council, the " .. for adverse action,the council shall by resolu ion council shall in writing notify the applicant or direct that the inspector issue said licens�e i ac- licensee that adverse action may be taken against cordance with law. the license or application, and that he is entitled (e) Appea� Class I or Class II licenses. An ap- to a hearing before the council. The notice shall peal to the city council may be taken by ny be served or mailed a reasonable time before the person aggrieved by the grant,issuance,rene al heazing date, and shall state the place, date and time of the hearing. The notice shall state the or transfer of a Class I or Class II license;pro 'd- issues involved or grounds upon which the ad- ed,however,that the appeal shall have been ed verse action may be sought or based. The council with the city clerk within thirty (30) days er may request that such written notice be prepared the action by the license inspector or ddre or. and served or mailed by the inspector or by the The only grounds for appeal shall be that t ere city attorney. has been an error of law in the grant, issua ce, renewal or transfer of the license. The ap eal (c) Hearing. Where the cause for the adverse shall.be in writing and shall set forth in�art cu- hearing is based upon a violation of law and there lar the alleged errors of law. The coun il s all is no dispute as to the facts underlying the viola- conduct a hearing on the appeal within th y 30) tion, the hearing shall be held by the council's days of the date of filing and shall no ify the committee designated to hear license matters.Oth- licensee and the appellant at least ten (7�0) ys erwise the hearing shall be conducted before a prior to the hearing date.The procedures Set f rth hearing examiner appointed by the council for in Section 310.05, insofar as is practicab�e, s all that purpose. The applicant or the licensee shall apply to this hearing.Following the heari.ng, the be provided an opportunity to present evidence council may affirm or remand the matter to the and argument as well as meet adverse testimony inspector or director,or may reverse or place on- or evidence by reasonable cross-examination and ditions upon the license based on the coun il's rebuttal evidence. The committee or hearing ex- �•. �r��.✓` Supp.No.4 2031 $310.05 LEGISLATIVE CODE :�t�v.;�;'':°: aminer may in its discretion permit other inter- I (fl Council action; resolution to contain findings. ested persons the opportunity to present testimony ' ere the council takes adverse action with re- or evidence or otherwise participate in such hearing. pect to a license, licensee or applicant for a li- (c-1) Procedur�hearing examiner. The hearing e��e resolution by which such action is taken hall contain its findings and determination, in- examiner shall hear all evidence as may be pre- ' luding the imposition of conditions,if any. sented on behalf of the city and the applicant or I licensee, and shall present to the council written j (g) Additional procedures where required Where findings of fact and conclusions of law together i he provisions of any statute or ordinance require with a recommendation for adverse action. i additional notice or hearing procedures, such pra The council shall consider the evidence contained �sions shall be complied with and shall super- in the record,the hearing examiner's recommended' �e inconsistent provisions of these chapters.This shall include,without limitation by reason of this findings of fact and conclusions, and shall not; specific reference, Minnesota Statutes, Chapter consider any factual testimony not previously sub-! 364, and Minnesota Statutes,Section 340A.415. mitted to and considered by the hearing examin-' . er. The council at a public hearing shall provide' Qi) Discretion to heaa-notwitlzstanding withdrawal the applicant or licensee an opportunity to present� or surrender of application or licens� The council oral or written arguments alleging error on the may, at its discretion, conduct a hearing regard- part of the examiner in the application of the law ing revocation or denial of a license notwithstand- or interpretation of the facts, and to present tesa ing that the applicant or licensee has attempted timony related to the recommended adverse ac� or purported to withdraw or surrender said license tion. Upon conclusion of the hearing, and afte�+ ar application, if the attempted withdrawal or considering the record, the examiner's finding� surrender took place after the applicant or licen- �:�:M..-: and recommendations together with such additiona� see had.been notified of the hearing and potential -`:��-��;:�°:; arguments and testimony presented at the hear,- adverse action. ing, the council shall determine what, if any, ad�- (i) Continuances. Where a hearing for the pur- verse action shall be taken,which action shall bg ose of considering revocation or suspension of a by resolution. The council may accept, reject or p cense or other disciplinary action invoIving a modify the recommendations of the hearing ea¢- aminer or committee. license has been scheduled before the council, a continuation of the hearing may be granted at (c-2) Ex-parte contacts. If a license matter ha�s the request of the licensee, license applicant, an been schedule for an adverse hearing, council mem- interested person or an attorney representing the bers shall not discuss the license matter wit,h foregoing,only as provided herein: each other or with any of the parties or interestsd � persons involved in the matter unless such dis- (1� �ere the request is made at least twenty- cussion occurs on the public record during the four(24)hours prior to the scheduIed hear- public hearings of the matter or during the coun- � ing,the president of the council or the coun- cil's final deliberations of the matter. cil may continue the hearing upon a show- � ing of good cause by the party making the (d) Licensee or applicant may be represented request. � The licensee or applicant may represent himself or choose to be represented by another. (2) Where the request is made less than twenty- four(24)hours before,but not on the day of (e) Recor� evidence. The council shall receiive the scheduled hearing,the council may con- and keep a record of such proceedings, includi�g tinue the hearing upon a showing of good testimony and exhibits, and shall receive and gi(ve cause by the party making the request. weight to evidence, including hearsay evidence, which possesses probati��e value commonly accepted (3) Where the request is made on the day said by reasonable and prudent persons in the conduct hearing is scheduled,the council may grant of their affairs. a continuance on the condition that the .;�:��;:;::_ i:=`: - p�'..,�. Supp.No.4 . � � , 032 E 4 � - - . _ ---- .- " ""-- --__.. _._---. �_,._._m...,,..._. �.._ _.�.__ ....__,...,�,..,.....,�.....,,,w�....,-......�.-.e...�.....:•a.+na»+y:.s.*,ars:Y�s:r.`�'�s.sc:a'P:;�A:_ ,. .. . ,. � �� r -��"�% �'�' LIC NSES , §310.06 `°� ,=; �-=-5_,.._: __ ,i4�;: party requesting the continuance pay to (7) The activities of the licensee in the licensed the City of Saint Paul the city's actual costs activity create or have created a serious for the court reporter and witnesses who danger to the public health, safety or wel- appeared for the hearing, or one hundred � fare, or the licensee performs or has per- dollars($100.00), whichever is the lesser. formed his work or activity in an unsafe (Code 1956, § 510.05; Ord. No. 17551, § 2,4-19$8; manner. Ord. No. 17559, §§ 1, 2, 5-17-88) (g) . Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required Sec. 310.06. Revocation; suspension; adverse under Chapter 114 of the Saint Paul Legis- actions;imposition of conditions. lative Code. � (a) Council may take aduerse action. The coun- (9) The licensee or applicant has shown by past cil is authorized to take adverse action against misconduct, unfair acts or dealings, or by any license or permit, licensee or applicant for a the frequent abuse of alcohol or other drugs, license,as grovided in and by these chapters. Such that such licensee or applicant is not a per- actions shall be initiated and carried out in ac- son of the good moral character or �tness cordance with the procedures outlined in Section required to engage in a licensed activity, 310.05. - business or profession. (b) Basis for action. Such adverse action may (c) Imposition of reasonable conditions and/or be based on one or more of the following reasons, restrictions. When a reasonable basis is found to which are in addition to any other reason specifi- impose reasonable conditions and/or restrictions f�: cally provided by law or in these chapters: upon a license issued or held under these chap- �' `�_� (1) The license or permit was procured by mis- ters, any one or more such reasonable conditions `" and/or restrictions may be imposed upon such li- �<?�:�Y:::�::' representation of material facts, by fra�d, cense for the purpose of promoting public health, by deceit or by bad faith. safety and welfare, of advancing the public peace (2) The applicant or one acting in his behalf and the elimination of conditions or actions which made oral or written misstatements or mis- constitute a nuisance or a detriment to the peace- representations of material facts in or �c- ful enjoyment of urban life,or promoting security companying the application. and safety in nearby neighborhoods. Such reason- (3) The license was issued in violation of any able conditions and/or restrictions may include or of the provisions of the Saint Paul Zoning Pertain to,but are not limited to: Code. (1) A limitation on the hours of operation of (4) The license or permit was issued in viola- the licensed business or establishment, or tion of law, without authority, or under a on particular types of activities conducted _ material mistake of fact. � in or on said business or establishment; (5) The licensee or applicant has failed to com- �2) A limitation or restriction as to the loca- ply with any condition set forth in the li- tion within the licensed business or estab- cense, or set forth in the resolution grant- lishment whose particular type of activi- ing or renewing the license. ties may be conducted; (6) The licensee or applicant has violated any �3) A limitation as to the means of ingress or of the provisions of these chapters, or of egress from the licensed establishment or any statute, ordinance or regulation rea- its parking lot or immediately adjacent area; sonably related to the licensed activity,re- (4) A requirement to provide off-street park- gardless of whether crimina� charges have ing in excess of other requirements of law; or have not been brought in connection = therewith. (5) A limitation on the manner and means of �=-- . Supp.No.6 2 32.1 $310.06 LEGISLA CODE ~ ' �i, advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the character of the area in which it is located,or to prevent the development or continuation of a nuisance. ' The inspector may impose such conditions on Class' I licenses with the consent of the licenseholder,or, may recommend the imposition of such conditions as an adverse action against the license or licen- ses;the director has the same power with respect to Class II licenses.The council may impose such conditions on Class III licenses with the consent of the licenseholder, or upon any class of license as an adverse action against the license or licen- ses following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance,renewal or transfer thereof,or upon and as part of any adverse action' against a license or licenses,including suspension. , (Code 1956, § 510.06;Ord.No. 17584, § 1,8-25-88) ' Sec. 310.07. Termination of licenses; surety ' bonds;insurance contracts. (a) Automatic termination, reinstatement; re-'' sponsibility of licensee All licenses or permits which must,by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, deposits, guarantees,bonds or certifications shall automati- cally terminate on cancellation or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The li- censee is liable and responsible for the filing and maintenance of such policies,deposits,guarantees, bonds or certifications as are required in these chapters, and shall not Ue entitled to assert the, acts or omissions of agents, brokers, employees,, attorneys or any other persons as a defense or •justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such policies, depos-, its,bonds or certifications within thirty(30)days,' Supp.No.6 \<__ :, 203 .2 �� - �' -�1'-�/`�f�% ' LICENSES $310.09 �: .,. - the license is automatically reinstated on the ame (d) Expiration date to be concurrent with term � terms and conditions, and for the same peri d as of licerese or permi�. The expiration date of all originally issued. After thirty (30) days, th ap- such policies, bonds, guarantees or certifications plicant must reapply for a renewal of his li nse shall be concurrent with the expiration date of as though it were an original application. the license or permit. (Code 1956, § 510.07) (b) Bonds and insurance requirements:. (1) Surety Companies: All surety bonds ur_- �c. 310.08. Terms of licenses;uniform dates. ning to the City of Saint Paul shall be 't- (a) All licenses or permits shall be valid for a ten by surety companies authorized t do Period of one year from the date of issuance by business in the State of Minnesota. A1 in- the inspector, except as otherwise provided herein surance policies required by these eha ers or in these chapters or in cases of revocation, shall be written by insurance cor,npa ies suspension or termination under Section 310.06. authorized to do business in the Stat of (b) Licensees may continue to operate their busi- Minnesota. ness after the expiration date of their license; provided, that the licensee has filed with the in- (2) Approved as to Form: All bonds filed ith spector on or before the expiration date the ap- the City of Saint Paul in connection 'th � propriate license application, license fees, insur- the issuance of licenses for whatever ur- ance and bonds. The inspector shall process the pose, and all policies of insurance requ ed renewal application in the manner provided for to be filed with or by the City of Saint ul in this Code. in connection with the issuance of Tice es - for any purpose whatsoever, shall �rs be �c) Whenever any licensee is the holder of the approved as to form by the city attorne . two (2) or more licenses of the City of Saint Paul - - which expire on different dates, the inspector is ' - (3) Uniform Endorsement: Each insura�ce ol- authorized, at the request of the licensee, to de- icy required to be filed pursuant to th se termine a uniform date for the expiration of all or chapters shall contain the endorsement et any number of such licenses,notwithstanding the forth in Chapter 7 of the Saint Pau�Le 's- term and expiration dates of such licenses as origi- lative Code. nally issued, and notwithstanding any provision as to term of license of any ordinance of the city (4) Conditions:All bonds required by these ch p- heretofore or hereafter enacted. The provisions ters shall be conditioned that the lice ee hereof shall govern the issuance of any new li- shall observe all ordinances and lsws in cense to one already holding a license. relation to the licensed activity, busin s, (d) In order to conform to the foregoing provi- premises or facilities and that he shall c n- sions, new licenses may be issued for a term of duct all such activities or business in c n- less than one year, and the license fee therefor formity therewith. Such bonds shall a o shall be prorated for the period of issuance. indemnify the City of Saint Paul agai st (Code 1956, § 510.08; Ord. No. 17360, § 1,6-5-86) all claims, judgments or suits caused y, resulting from or in connection with t e �c. 310.09. Fees. licensed business, premises, activity, thi g, (a) Application charge: facility, occurrence or otherwise lieens d under these chapters. (1) Amount: In addition to the license or per- mit fees set forth in each chapter of this (c) Termination of bonds and insurance requir d Code, each applicant shall pay, at the time by city. Termination of bonds and insuran�ce - of filing, a two dollar fifty cent($2.50)pro- quired to be filed with the city pursuant to the e cessing charge for each and every applica- chapters shall be in accordance with the requ' - tion for a license or permit to be issued by ,:��:; ;:.;., ments of Chapter 8 of the Saint Paul Legislati e the inspector, director or council of the City `��-' '�' Code. of Saint Paul. i:{„ ti _ • 2033 §310.09 LEGTS CODE /�{°::;�.:'-. (2) Refunds: Said two dollar fifty cent ($2.50) met when the license has lapsed by reason of processing charge shall not, under any cir- expiration. cumstances,be refunded. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82) (b) Fee schedule. The council may by ordina�ce �c. 310.10. Refunds of fees. determine and establish one fee schedule for ny or all licenses and permits issued pursuant to (a) Refund where application withdrawn or de- these chapters, and a separate fee schedule for niea�seruice charge Unless otherwise specifically applications for such licenses and permits, wh ch provided by the particular licensing provisions may include fees to cover costs incurred by rea on involved, where an application for any license is of the late filing. Such fees, in either sched le, withdrawn or denied, the inspector shall refund shall be reasonably related to the costs of ad in- to the applicant the license fee submitted less a istration incurred in connection with each s ch service charge to recover in part the costs incurred application, license or permit. Costs of admi is- in processing the application in the amount of tration shall mean and include,but without li�ni- twenty-five(25)percent of the annual license fee. tation by this specification, both direct and indi- �� Limitation on refuna� other cases In all other rect costs and expenses, such as salaries, wages, cases as provided in paragraph (c), the inspector benefits and all personnel costs including tra�in- may�refund not to exceed one hundred dollars ing, seminars and schooling, expenses of investi- �$100.00) of fees received in connection with any gations and inspections, handling of inquiries �nd license, permit or application therefor; provided, requests for assistance, telephone and commulni- that he certify in writing that the amount of the cations, stationery, postage, paper, reproductipn, o�ce capital equipment and all office suppl�es. refund represents a sum over and above the rea- Such fee schedules as adopted by ordinance �nd sonable costs of administration incurred up to - - posted in the office of the inspector shall super- that time in connection with said license, permit ;.�;��:F� or application. The director may refund not to - sede inconsistent fee provisions in these chapt�ers exceed two hundred fifty dollars($250.00)of such or in other ordinances or laws. fees upon a like cert�cation by the inspector. (c) Fee for one year; may be prorated Unl ss The council may by resolution authorize all re- ' otherwise specifically provided,the license fee funds upon a like certification by the inspector. is for a period of one year. Such fee may be ro- (c) Bases for refunds. Refunds under paragraph rated where a license is issued for a period of 1 ss (b)may be made to the licensee or his estate: than a year. (1) Where the place of business of the licensee (d) Late fee. Unless otherwise specifically �#ro- or his principal equipment is destroyed or vided by the particular licensing provisions�in- so damaged by fire or any other cause that volved, an applicant for the renewal of a lice$�se the licensee ceases for the remainder of the who makes application for such renewal after the licensed period to engage in the licensed � expiration date of such license shall be charged a activity or business; late fee for each such license.The late fee shal�be �2) Where the business or licensed activity ceases • in addition to any other fee or payment requined, by reason of the death or illness of the and shall be ten(10)percent of the annual lice#�se licenses or the sole employee or manager; fee for such license for each thirty-day perioc� or or portion thereof which has elapsed after the ea�pi- ration date of such license. The late fee shall �ot (3) Where it has become unlawful for the li- exceed fifty(50)percent of the annual license�'ee. censee to continue in the business or licensed If any provision of these chapters imposes mnre activity other than by revocation, suspen- stringent or additional requirements for the iasu- sion,denial or any criminal activity on the ance of an original license than would be the case part of the licensee. for mere renewal, those requirements must be (Code 1956, as amended, § 510.10) . ;`��"-��'�:_:R . . �. � `:i,-?r - 034 � . ,�?� ` !`�% �� ,�_;_.. .ti, CENSES 4 310.11 :.1�. Sec. 310.11. Transfers;general. is provided for on the part of the transferee before (a) License a priuilege, not property. All lice - any transfer of license is made effective by the ses or permits issued by the City of Saint Pa 1 action of approving the transfer. pursuant to these chapters or other ordinances (fl Transfer; definition. "�ansfer," as used in laws confer a privilege on the licensee to enga these chapters, shall include a transfer from per- in the activity or occupation so licensed, and son to person,or from place to place,or a transfer not constitute property or property rights or cr - of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No suich 1 - interests in a partnership or other legal entity. cense or permit may be seized, levied upon, a - °'�ansfer," as used in these chapters, shall not tached,executed upon,assessed or in any mann include the instance where a license is held by an taken for the purpose of satisfaction of anyj de t individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All lice - which the majority of the stock is held by said ses issued by the City of Saint Paul shall be�ra - individual or by the members of said partnership. - ferable unless the specific chapter of the Sai t (g) Assignment and bond to accompany appli- , Paul Legislative Code pertaining to each sp�eci c _ cation. In the case of a transfer from person to license shall specifically prohibit the transfer f = person, the application for transfer shall be ac- such license. No transfer of any Class III li�en companied by a written assignment of all rights issued by the City of Saint Paul shall be effQcti of the original licensee in and to the license and until the council of the City of Saint Pau1 h s shall be accompanied by a surety bond in amount approved the transfer following a public heari g and in form required of an original licensee. . by the council's committee designated to hear '- � cense matters and a resolution approving� sa d (h) Public corporations. Notwithstanding other � transfer is passed, approved and published.'Bo provisions of this chapter, publicly owned corpo- the transferor and transferee shall make ap�lic - rations whose stock is traded in the open market tion for transfer of a license on such forms a�m may comply with the transfer requirements per- be prescribed by the division, and in accor an e taining to stock ownership and stock transfer by with Section 310.02. , furnishing the inspector on request with the names (c) Transfer tax In all cases of transfe ' of a and addresses of all stockholders of record upon license from a present licensee to any othe pe - each renewal of the license. • son, there shall be a tax on said transfer ' t e (i) A�davit of transferor. No license transfer amount of twenty-five (25)percent of the a�nu I shall be effective unless the transferor submits license fee charged for said license, said t to e an affidavit of such transferor,taken under oath, paid by the transferee. stating the following: (d) Transfer taa5 deposit retained or ret rne (1) That in the case of Class III licenses, the Whenever an application is made for transf'r o a transferor-affiant has posted notice to all license, the amount as set out in paragra h ) employees in a conspicuous place on the shall be deposited with said application. f t e licensed premises notifying all employees transfer of license is approved,the amount ep - of the time,place and date of hearing of the ited shall be retained by the city.If the tran fer s transfer of the license to be held before the denied,the amount deposited shall be retu ed o Saint Paul City Council; the party depositing the same,in accordanc wi h (2) That said notice specified in subparagraph the requirements and conditions in Section 3 0.1 . (1) above was posted continuously for four- (e) Transfer ta� exception. Paragraphs ( ) a d teen(14)days; (d)shall not apply in any case when,by the er s (3) That transferor has paid all wages due and of these chapters, payment of the full ann al i- owing the persons employed by the trans- , censee fee or a prorated yearly annual license f e feror or that an agreement has been reached s:+ , : '�"`''.:�� . ' Supp.No.4 f � 2035 �._j' ', $310.11 LEGIS CODE ��:=`' .::y.,.,:.. .. - �, between transferor and all employees as to (Code 1956, § 510.11;Ord.No. 16822,9-3-81;Ord. the payment of wages due and owing; No. 17551, § 3,4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an The premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com- public or while being used or occupied for any • pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributiorLS tion by any police, fire, or health officer or any to employee benefit programs which include, building inspector of the city,as well as the inspector. but are not limited to, pension programs, (Code 1956, 6 510.12) hospital,medical and life insurance programs, profit-sharing programs and holiday pay Sec. 310.13. Renewal. benefits. Every license renewal under these chapters may (j) Deceased licensee Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reasbn of the established for the benefit of his employees. death of said licensee, lapse to the city in th�e (Code 1956, § 510.13) absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. -- may consent to and seek to transfer said license �a) If any provision in�these chapters is held to the surviving spouse of the licensee.The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approual under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei• be construed as a whole. � ther party has not complied with the terms of any �� e repeal of any ordinance by ichis ordi- contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not nance) shall not affect or impair any act done, limited to, pension, hospitalization, medical and any rights vested or accrued,or any suit,proceed- life insurance, profit-sharing or holiday pay pro- ing or prosecution had or commenced in any mat- grams; provided, that�any person or organizatio� ter,prior to the date this ordinance became effec- objecting to a transfer because of failure to pay tive.Every such act done or right vested or accrued employee benefit or fringe benefit programs shalll shall remain in full force and effect to all intents file a written notice of objection with the licens� and purposes as if the repealed ordinances had inspector seven (7) days prior to the scheduled'� themselves remained in force and effect. Every public hearing on the transfer, and said notice� such suit, proceeding or prosecution may be con- shall contain a complete itemization of the objec-I tinued after repeal as though the repealed ordi- tor's claim. nances were fully in effect. A suit, proceeding or (1) Transfer of more than one license if one is'� prosecution which is based upon an act done, a Class III. If an application is made to transferii right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a�Class III; which is commenced or instituted subsequent�to license,handle all said licenses as Class III licenses. �i repeal of the repealed ordinances,shall be brought �.`:;:��;...::.._ � ....; ,�..� Supp.No.4 - ' '203 . , . � � � � ��= ��/� :,�'��'��-=� ICENSES 4 310.15 ;�. ��ti':":=;� i�,, , `T�:.:r• pursuant to and under the provisions of such r - pealed ordinances as though they continued to e in full force and ef�ect. ' . (Code 1956, § 510.14) � Sec. 310.15. Penalty. Any person who violates any provision of the chapters, or other ordinances or laws relati¢�g , ---- licensing, or who aids, advises, hires, counsels , '�1� . • , . I •`'G` ps '�• \'.t'� •.h'�� . �-;?�•�;.::i.J ``��✓ Supp.No.4 036.1 � � � ------__.��....�••-�a.sm�..�rse�:rx.....rx;....e.i,.....�.. ,� �; �'~' LICENSES §318.01 .....h conspires with or otherwise procures a�ot er to Sec. 316.02. Fee. violate any provision of these chaptera or ther ordinances or laws relating to licensin�is ilty The fee required is forty-five dollars($45.00). of a misdemeanor and may be sentenced ac- (Code 1956, § 384.02) cordance with Section 1.05 of the Saint Pau Leg- islative Code. The term "person," in addit' n to Chapter 317.Amusement Rides the definition in Section 310.01, shall fo�th pur- pose of this section include the individual part- �c. 317.01. License required. ners or members of any partnership or co ora- tion,and as to corporations,the officers,�ge ts or No person shall engage in the business of pro- members thereof,who shall be responsib�le f the viding amusement rides,for charge,to the public violation. in Saint Paul without a license. (Code 1956, § 510.15) (Code 1956, § 411.01) Sec. 310.16. License fees,annual incxea es. Sec. 317.02. Fee. Effective on January 1 of each calen�ar ear, The fee required is one hundred dollars($100.00) all license fees, except building trades Ibus ness : for each location at which such person will oper- license fees and fees for building tradejs c ifi- ate and maintain the business of providing such cates of competency, shall increase by�the per- rides. centage increase in the budget for the d�visi n of (Code 1956, § 411.02) license and permit administration of th� de zrt- ment of finance and management servic�es. ior �apter 318.Mechanical Amusement Devices • to November 1 of each year, the direc�or f fi- nance and management services shall �le ith � the city clerk a notice of the percentage �ncr ase, �c. 318.01. License required; definitions. if any, in license fees. No person shall own and allow to be operated (Ord.No. 16885,2-11-82; Ord.No. 17059, �0-2 $3; for business purposes any coin-operated mechani- Ord. No. 17303, § 4, 10-29-85) � cal amusement device without a license. A coin- i operated mechanical amusement device is hereby Chapters 311-314. R.eserved I, defined as any machine which,upon the insertion ! of a coin, token or slug, operates or may be oper- SUBTITLE B. CLASS I LICENSF�S ated by the public for use as a game, entertain- , ment or amusement, which amusement device Chapter 315. Reserved* li contains no automatic payoff device for the re- turn of money, coins, checks, tokens or merchan- ' dise, or which provides no such pay-off by any Chapter 316. Animal Foods other means or manner.The term"coin-operated Manufacturing and Distributing mechanical amusement device" shall include so- called pinball machines; music machines; coin- Sec. 316.01. License required. operated television units;motion picture machines; amusement rides, excepting those provided for No person shall engage in the business o the under Chapter 317,pertaining to amusement rides manufacture or distribution of animal foo in af the type used at carnivals; table shuffleboard Saint Paul without a license. games or similar games of amusement for which (Code 1956, § 384.01) a fee is charged to players for the playing thereof; and all other machines which,by the insertion of •Editor's note—The licenses under this chapter, de ived _ - from §§ 345.01-345.03 of the city's 1956 Code,were re sig- a coin or token, operate for the entertainment or nated as Class III licenses by Ord.No.17207,adopted Ja .31, ��ment of the player,except weighing machines. 1985,and recodified as Ch.423. (COde 1956, §§ 412.01,412.02) 203? WHITE — CITV CLERK CO11flC11 " �`��~ �'PINK ..- FINANGE �`� �� • I�ANARV - DEPwRTMENT GITY OF AINT PAUL r ' � aLUE —MAYOR File NO. � � City Att*_iyl�'�'� � • " 0 rdi ��CG Ordinance N�. /�✓ `�j� ' � :�. � ;� � % . �,. ,. Presented By � • � � �� Referred To ' .� Committee: Date ,f Out of Committee By Date Ar. ordir.ance t ar�end section 31�.�C � vf the Saint Pau ?�egislative Cade by � adding c�arifp�.�_ Ian�ua�e cencernin; �he im�os3�io:t o conditians. T�±� CO?T'�CII. n^ '�'H� CI'�'Y fl�� ,�l�I �AUL �OES 4R�JAI�- _,, ,. >.; •, , ' . .. _. :GyG, � C��.QZl 1. , Section 3I�.d4 Qf tne Sai t �aul Le?3.siative Co�e is her�b9 a�ended b;� addir_5 t�e fo3.lawin r.� subsection, (c) : 't(c) �.��n a reascnx�tb e �as�s i3 z"oun� to inr�o�e reasonab3� co dit�ons and/oz restYict�.ons u*�or a �icense i��ue or lield und�r t�ese c�?ar��ers, ar:� on� or ore sucll reasona�le corditioats and/or rA trictions �:ag b� i.:�osed �*�aor_ such licens� fo the rur�ose af �ro�-�otizg �ub?ic hea1�C'�, sa�ett 3�nd taelfare, ofA a�va�c?ng th� �ublic eace and the ^li��.nation of co�ditirn�s or act'ons t��hich constitute a �uisance or a detr;r� ,t to t�.e pe�ceful �rtjo;m�.ent of urba� �'fe. or pror,�Qting securit� and safety ir. r.earby eigi3borhoods. �LCr� i�ascma�Ie coi23i�ian andjor r�strictio*�s �.a� inelude or verta to, but are not �i�iter3 to, COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g . In Favor Goswitz Rettman Scheibel Against , BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY : , , (��. ��a _ .. . . , . �� . - � -2_ . : (1) a limitatio on the hours of operation of the licens�d usiness or establishment, _ or on particula types of activities con- ducted in or on aid business or establish- ment; . . (2) a limitatio or restriction as to the location within the licensed business or establishment w se particular type of . activities may e conducted; . (3) a limitatio as to the means of ingress or egre s from the licensed --� - - -�-- - - � - establishment o its parking lot or - immediately adj cent area; (4) a requireme t to provide off-street parking in exce s of other requirements of lata; (5) a limitat�o on the manner and means of advertisin� he operation or merchan- . dise of the 1'�.c nsed establishment; (6) any other,' r asonable condi.tion or restriction. 11im ting the operation of --- --- ----=-the licensed bu iness or establishznexit � - to insure that he said business or establishment- 11 �harmonize �w'ith the � � --- - - - -- - --- -- = = WHITE - CITV CLERK � j�'\- //-/� PINK = FINANCE COUf1C11 � � G��7 ,�! / (1.ANAR�`TOEPARTMENT GITY OF S INT PAUL '�� ' -r SI.UE -MAVOR �. Fll@ H0.- �r ""-� • l �rdan I`CG Ordinance N�. .�7�s'�%"� . , , .. � �. , 1 ./. , �� t �� r �. Presented By ;`��_ ... �:�..� .•�:. i - �--�...�,•. . • , . Referred To Committee: Date Out of Committee By Date -3- fo].Zc3wi�g notice and h rin� as �uay be rev,uir�d. S�:c?� co:�ditions may �e �s._ osed an a license or licer.ses upon issuance, reaew�el r transfer t�ereof, or unon ar_c3 as �art of an� adv se action a�ainst 2 Iicense ar licezzses , including us�ensio�.. • Sc ticm 2 :ieithar t�:is or�inauce nor a y exista...�g or iuture ardina�ce ador�fied bp the Cit� of �aint �aul ta re.�u3.a�e andjor license any occupations , bus;neases or activi ies sha�I be constre�d to Ii�.t or re�trict it� ;nh�rertt police � t�er to tegv.iate and I�.cense, n.or to 3.�.rnit or re�trict a�� po�aer co �e:.-red on it �y the z.�nited Stat�s or .�?inn.�so�a� Gons�itu�io:is or �ta utes (o� re�ulatzons �ro��s�3atc�� t�ereunc3er) �o so re�ul�3te �nd/or lic�nse. �ec ioz 3 Thi� ozd-�nanc� shaZl ta?-c� ef ect �and be in fQrce t�airt� C3G) �?ays °�allevr�r:Q its �assag�, a;�urora3 a�d �•ablication. COUNCIL MEMBERS Yeas Nays ,,.., equested by Department of: Dimond ��g � In Favor Goswitz Rettman Scheibel A gai n s t BY � Sonnen Wilson QU j'j �, � �988 orm Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY g =�- : - .. y ; : , ..: :... ,.•;��-• �r�:;�i=> Approved by Mayor: Date ;?�,:a,: -,J� ��+.v ppcoved by Mayor for Submission to Council By BY . �;�'�,� ��,�.� $61.105 LEGISLAT CODE t' '� � a street or abut a side or rear lot line in made or maintained of any building,structure,or `;-��:�:_� any use district other than an RCI-1, I-1, land, or part thereof, except in conformity with � ``°°" I-2,I-3 or P-1 District,the required setbacks the provisions of this code. from said abutting districts shall be equaT (Code 1956, § 62.101) to a minimum of one and one-half(1'fz)time � the height of the buildings,except as note Sec. 62.102. Nonconforming lots, noncon- in Section 63.103. forming uses of land, noncon- . (q) Nonrequired front yards and all require formi.ng structures and noncon- and nonrequired side and rear yards shal forming uses of structures and be permitted to be used for off-street park premises. ing. Loading and unloading shall be per mitted in all nonrequired side and rear yards (a) Intent It is the intent of this code to permit legal nonconforming lots, structures or uses ex- (r) A visual screen shall be provided on thos� isting on October 25, 1975,to continue until they sides of the property used for open storage, �e removed but not to encourage their survival. parking, service drives,loading and unload{ It .is recognized that there exist within the dis- ing or servicing and abutting land zoned for residential use.The type of visual screen - shall be determined by the planning ad- � ministrator. Such visual screen shall not be less than four feet:�six inches (4'6") i� height and may, depending on the indusr trial operation, be required to be eight (8� feet in height, all subject to the require;r � � ments of "General Provisions," Sectio 62.107, "Visual Screens." �`� '��a i,:',,;'-v�� (Code 1956, § 61.105; Ord. No. 17117, 3-22-8 ; �' Ord. No. 17204, 1-15-85; Ord. No. 17222, § 3�,, 3-14-85; Ord.No. 17511, § 4, 11-12-87) , Chapter 62.Zoni.ng Code—General Provision I Sec. '62.100. Conflicting regulations. I Whenever any provision of this code imposeS more stringent requirements, regulations, restri�- tions or limitations than are imposed or requirea by the provisions of any other law or ordinanc�, then the provisions of this code shall govem.When- ever the provisions of any other law or ordinanc� impose more stringent requirements than are imj- posed or required by this code, then the prov'- sions of such ordinance or law shall govern. (Code 1956, § 62.100) . - Sec. 62.101. Scope. No building or structure, or part thereof, sha�l hereafter be erected, constructed, or altered an�i maintained, and no new use or change shall ble _. � - Supp.No.2 , �•• �:Y� . �''' . 59 .2 ZONING CODE §62.102 f�� __•..',.,;;..� tricts established by this code and subseq ent deemed to be actual construction; provided, that amendments, lots, structures, and uses of and work shall be diligently carried on until comple- and structures which were lawful before t�his ode tion of the building involved. was passed or amended which would be pro 'bit- ro� Nonconforming lots. In any district in which ed,regulated or restricted under the terms o his code or future amendments. single-family dwellings are permitted,notwithstand- ing limitations imposed by other provisions of For the purposes of this section, "use"' me ns this code, a single-family dwelling and customary the principal purpose for which land or a buil 'ng accessory buildings may be erected on any single is being occupied. A use will be presumed leg lly lot of record at the effective date of adoption or nonconforming if it can be demonstrated by cl ar amendment of this code.This provision shall apply and convincing evidence that prior to Decem er even though such lot fails to meet the require- 13, 1976, the use was established, convexted or ments for area or width, or both, that are appli- enlarged and occupied pursuant to building er- cable in the district; provided, that yard dimen- mits issued by the City of Saint Paul; or if it an sions and other requirements not involving area be demonstrated by clear and convincing e�ide ce or width, or both, of the lot shall conform to the that the particular use had been in exister�ce c n- regulations for the district in which such lot is tinuously for twenty(20)years prior to De�em er _. located. Yard requirement variances may be ob- 13, 1976. The burden of proof shall be pn he tained through approval of the board of zoning property owner. i appeals. � Such uses are declared by this code toli,be 'n- If three (3) or more lots or combinations of lots - compatible with permitted uses in the d�stri ts and portions of lots with continuous street front- _ involved. It is further the intent of this coc�.e t at age in single ownership are of recor�on the effec- nonconformities shall not be enlarged upbn, x- tive date of this code or amendments thereto, and �� panded or extended, nor be used as grou�ds or if all or part of the lots do not meet the require- adding other structures or uses prohibited el e- ments for lot width and area as established by where in the same district. A nonconformi�g se this code, the lands involved shall be considered of a structure, a nonconforming use of lan , o a to be an undivided parcel for the purpose of this nonconforming use of a structure and lan�sh 11 code,and no portion of said parcel shall be used or not be extended or enlarged after passage �f t is occupied which does not meet ldt width and area code by attachment on a building or premfses of requirements established by this code, nor shall additional signs intended to be seen from �ff t e any division of the parcel be made which leaves premises, or by the addition of other use of a remaining any lot with width or area below the nature which would be prohibited in the d�str' t requirements stated in this code. involved. (c) Nonconforming use of land (without stru� tures). Where at the effective date of ado tion or To avoid hardship,nothing in this code sh�Iall e � P deemed to require a change in the plans� co - amendment of this code, lawful use of land exists struction or d�signated use of any buildi�Ag that is made no longer permissible under the terms which actual construction was lawfully begur�pri r of this code as enacted or amended, such.use may to the effective date of adoption or amendm�nt f be continued,so long as it remains otherwise law- this code and upon which actual building con$tru - ful, subject to the following provisions: tion has been diligently carried on. Actual� co - (1) No such nonconforming use shall be enlarged struction is hereby defined to include the pl$cin or increased,nor extended to occupy a greater . of construction materials in permanent po�itio area of land than was occupied at the ef�'ec- and fastened in a permanent manner;excepti th tive date of adoption or amendment of this where demolition or removal of an existing}�uil - code; _ ing has been substantially begun preparatory t (2) No such nonconforming use shall be moved ` `�.��' rebuilding, such demolition or removal shall b - in whole or in part to any other portion of - (�:•:.<;`::;- ```-`"J Supp.No.3 593� §62.102 LEGIS ATNE�CODE prj,'M� ' �' ��E..'J �.'J ��j the lot or parcel occupied by such use a (e) Nonconforming uses of structures and land the effective date of adoption or amendrnent If a lawful use of a structure, or of structure and of this code; land in combination,exists at the effective date of (3) If such nonconforming use of land ceases adoption or amendment to this code, that would for any reason for a period of ninety (90) not be allowed in the district under the terms of days or more, any subsequent use of such this code,the lawful use may be continued so long land shall conform to the regulations speci- as it remains otherwise lawful, subject to the.fol- fied by this code for the district in which lowing provisions: such land is located; (1) No existing structure devoted to a use not (4) Any land on which a nonconforming use is permitted by this code in the district in which it is located shall be enlarged, ex- superseded by a permitted use shall there- tended, reconstructed, moved or structur- 'after conform to the regulation for the dis- ally altered except in changing the use of trict in which such land is located and the the structure to a use permitted in the dis- nonconforming use may not thereafter be trict in which it is located. resumed. (2) Any nonconforming use may be extended (d) Nonconforming structures with conformi�,g throughout any parts of a building which use. Where a lawful structure exists at the effeic- `� were manifestly arranged or designed for tive date of adoption or amendment of this co e such use, and which existed at the time of that could not be built under the terms of th�s adoption or amendment of this code,but no code by reason of restrictions on area, lot cove�- such use shall be extended to occupy ariy age, height,yards, or other characteristics of tli�e land outside such building. structure or location on the lot, such structur� �3) If no structural alterations are made, any � may be continued so long as it remains otherwis� nonconforming use of a structure, or struc- � - lawful, subject to the following provisions: �' ture and land, may be changed to another � (1) Such structure may be enlarged or altere� nonconforming use of the same or a more so long as such enlargement or alteratio� restricted classification; provided, that the does not increase its nonconformity. Accesa planning commission,either by general rule sory buildin�s may be added so long as or by making findings in a specific case, they conform in all respects to the require� shall find that the proposed use is equally ments of Chapter 61,Schedule of R,egulations.l appropriate or more appropriate to the dis- (2) Should such structure be destroyed by any�'; trict than the existing nonconforming use. means to an extent of more than sixty (60)��, In permitting such change, the planning percent of its replacement cost,exclusive of� commission may require appropriate con- the foundation, at the time of destruction,I ditions and safeguards in accord with the purpose and intent of this code. Where a it shall not be reconstructed except in con- ', nonconforming use of a structure, land or formity with the provisions of this code. structure and land in combination is here- �,I In the case of the River Corridor, if any ��, after changed to a more restrictive classifi- such structure is destroyed by any means '� cation, it shall not thereafter be changed to an extent of more than fifty(50)percent I by the planning commission to a less re- of its market value at the time of destruc- �', stricted classification under this clause. - tion,it shall not be reconstructed except in ��, (4) Any structure, or structures and land in . conformity with the provisions of this code. '� combination, in or on which a nonconform- � (3) Should such structure be moved for any I ing use is superseded by a permitted use, reason for any distance whatever, it shall '; shall thereafter conform to the regulation thereafter conform to the regulations for ��, for the district in which such structure is the district in which it is located after it is I located, and the nonconforming use may -- _ moved. not thereafter be resumed. ` ; Supp.No.3 � �� 59�4 . , . �'? �� /�/ `I ,;...,: r.::;:�:� ZONING CODE §62.102 �:: `�}� ;�,�,:. (5) When a nonconforming use of a st ture, (9) In any residential district, an existing green- or structure and land in combinati n, is house shall not be nonconforming as to use discontinued or ceases to exist for three of structure and land,and may be enlarged, hundred sixty five(365)days, the st ture, extended, reconstructed or altered; provid- or structure and land in combination shall ed, that the minimum standards for the thereafter be used in conformance wi h the district in which it is located are met. regulations of the district in which it is located, unless the planning commi sion, (10) Existing auto body shops located in zones pursuant to a public hearing,finds th t the other than industrial zones shall be con- structure, or structure and land f n c mbi- sidered,for purposes of changes in noncon- nation, cannot reasonably or econom cally forming uses, as B-3 uses. be used for a conforming purpose, th t the (11) Exception. The planning commission may proposed use is equally appropriate or ore grant legal nonconforming status to uses appropriate to the district than the revi- or structures which fail to meet the stand- ous nonconforming use, and that. th pro- ards of this section if, following a public posed use is consistent w-ith the he2�lth,safe- hearing, the planning commission makes ty, morals, and general,welfare of the com- the following findings: (1) the use occurs munity and is consistent with the re son- ' entirely within an existing structure; (2) able use and enjoyment of adjacent pro rty. � the use is similar to other uses permitted Where a nonconforming use of a struc ure, within the district; (3) the use is appropri- land, or structure and land in combin tion ate and is consistent with the general wel- is hereafter changed to a more restri tive fare of the community and the enjoyment ;:�.:�^:�:;: classification, it shall not thereraft be of adjacent property;(4)the use has been in --_- changed by the planning commisSion to a existence for a period of at least ten (10) � less restrictive class�cation under th�s cl use. years prior to the application to the plan- ning commission; (5)the off-street parking (6) Where nonconforming use status a�pli s to is adequate to serve the use; (6) the use is a structure and land in combination re- in substantial agreement with the compre- moval or destruction of the struct�#re all hensive plan; (7) hardship would result if eliminate the nonconforming status o the the use were discontinued;(8)rezoning the land. property would result in"spot zoning"or a (7) In any OS-1, B-1, B-2, B-3, I-1, or P-1 is- zoning inappropriate to surrounding land trict, existing residential uses sha�l n be uses; and (9) that a notarized petition of nonconforming as to use of structure and two-thirds of the property owners within land and may be structurally enla�ged ex- one hundred (100) feet of tl-,e property has tended, reconstructed or altered prov ded been obtained stating support of the use. no additional dwelling units are aidde on The planning commission may attach other the lot, and provided that the mfni um conditions to ensure the public welfare. requirements of the R-4 District are m t. The applicant shall present the petition, (8) In any R-1, R-2, R-3 and R-4 Dist;rict an evidence of a ten-year period of existence, existing two-family residential use s�all not and evidence that conversion of the use be nonconforming as to the use of st�uc re and structure would result in hardship.The and land, and may be enlarged, e�jt�en ed, applicant shall provide floor plans and other reconstructed or altered provided t�e in- information as required to substantiate his � imum yard setback requirements of t�e -1 case. District are met and that the malxt m (12) Exception. The planning commission may percentage of the lot occupied by tlie in permit the expansion of a nonconforming '' - building does not exceed that allowed. use if, following a public hearing, the plan- �.'. ��:J,_ Supp.No.3 595 . , � �'�' ��' `� §62.102 LEGISLA E CODE ning commission makes the following find- cept alterations to structures made pursuant to ings: (1) the expansion is accessory to the the authority of authorized agencies of the state principal use and will not result in an e�t- or federal governments and alterations reasonably pansion of the principal use; (2)the expan- done under emergency circumstances to preserve sion will allow the continuance and improve- or protect life or property.The term"major alter- ment of a use which is compatible with the ation" dces not include reasonable repair or main- adjacent property and neighborhood; (3) of� , tenance. All alterations, repairs and maintenance street parking is provided for the principal shall be performed in accordance with the stand- use and expansion which meets requirements ards prescribed in this code and applicable state of Section 62.103 for new structures; (4) � laws pertaining to floodplain management; and notarized petition signed by two-thirds df any alterations, repairs or maintenance shall be the property owners within one hundreC� accomplished so as not to increase the flood dam- (lOQ) feet of the subject property has beer� age potential or increase the degree of obstruc- obtained;and(5)a rezoning would be inap�- tion to flood flows. propriate and result in a "spot" zoning. (Code 1956, § 62.102; Ord. No. 16908, 4-20-82; The planning commission may impose other Ord. No. 16956, 9-9-82; Ord. No. 17038, 7-5-83; . conditions to insure the general welfare. ', Ord.No. 17116, 3-22-84; Ord. No. 17204, 1-15-85; The applicant shall present the petition an� Ord. No. 17524, §§ 21-23, 1-6-88) evidence of the accessory nature of the pra posed expansion and parking provisions. '� Sec. 62.103. Parking requirements. (fl Repair and maintenance. On any buildin (a) Off-street parking. Except in a B-4 or B-5 devoted in whole or in part to any nonconformin� District,off-street parking spaces shall be provided use, work may be done in any period of twelv in all districts at the time of erection, enlarge- _ (12) consecutive months on ordinary repairs, o� ment or expansion of all buildings in accordance . on repair or replacement of nonbearing walls,fix} with the requirements of this section. Before a tures, wiring, or plumbing, to an extent not ex+ certificate of occupancy shall be issued, the num- ceeding fifty (50) percent of the current replace: ber of off=street parking spaces provided shall be ment cost of the building;provided,that the cubi¢ as hereinafter prescribed. content of the building as it existed at the time of (}�) Site plan required No off-street parking fa- passage or amendment of this code shall not be cility shall be established, nor shall any existing increased. unimproved lot be paved, unless and until the Nothing in this code shall be deemed to preven� planning commission has approved a site plan for the strengthening or restoring to a safe condition the facility meeting the standards and regulations of any building or part thereof declared to be contained in this section, Section 62.104 and Sec- unsafe by any official charged with protecting the� tion 62.108.Site plans for one-to four-family dwell- public safety upon order of such off`icial. ing units may be approved by the zoning admini- ' strator. (g) Change of tenancy or ownership. There may be a change of tenancy, ownership or manage- (c) Enlargement or expansion of existing build- ment of any existing nonconforming uses of land, ings. When existing buildings are enlarged or � structures, and premises and nonconforming struc� when uses are expanded within an existing build- tures with conforming uses provided there is no ing into an area previously excluded from usable change in the nature or character of such noncon-� floor area, off-street parking shall be provided for _ forming use�or structure. ' the additional usable floor area in accordance with the requirements of this section,unless the exist- (h) Major alterations. No major alteration of ing off-street parking, after the enlargement or legal structures or uses which have been made nonconforming by the adoption of Chapter 65(flood- plain zoning regulations) shall be permitted ex-' � , .,,..-_;.`_"_ ,�: . , . Supp.No.3 ` � 59 �� i�� §356.05 LEGISLAT'�VE ODE ter 121 of the Saint Paul Legislative Code,or has Chapter 357. Solid Waste* failed to comply with any of the specifications, rules, regulations and conditions prescribed from c. 357.01. License required;exceptions. time to time by said public works director. (b) The failure to pay, within si�cty (60) days, (a) License required No person shall collect, any legitimate claim the City of Saint Paul may t nsport, transfer, treat, handle, salvage, utilize, have against the sidewalk contractor shall con- c pact, shred, compost, incinerate, mill,bale or stitute a cause for revocation of licenses. ' d' pose of, or any combination thereof, any solid (Code 1956, § 220.14) w ste in Saint Paul without a license. Sec. 356.06. Reinstatement. ) Exceptions. This licensing provision shall n t apply to governmental agencies engaged in A revoked license shall not be reinstated in any s h activities nor to private owners or occupants manner for a period of six (6) months. No license in olved in such activities in connection with their shall be reinstated without a bond being in full o solid waste,including the incineration of solid force and effect,nor until the payment of all legit- w ste generated at the same premises or location imate claims which the City of Saint Paul may w en reduced in an approved incinerator, com- have against the sidewalk contractor. p ting of leaves, grass and similar material by (Code 1956, § 220.15) in ividual owners or occupants utilizing materi- al from their own premises, and the disposing of Sec. 356.07. R,egulations;form of license. g bage on the same premises or location as gen- The public works director is hereby empowered er ted with a proper garbage grinder. . to promulgate all necessary administrative regu- (C de 1956, § 319.03) lations for carrying out the several provisions of _ this chapter into effect and shall prepare a form . 357.02. Definitions. of license to be issued hereunder. ' (Code 1956, § 220.16) or the purposes of this chapter, the following te s shall have the meaning indicated in this Sec. 356.08. Licensed contractor under other se ion: provisions of Code. ollecting and transporting service is an agen- Persons, partnerships or corporations licensed cy, business or service, either governmentally or under this chapter shall be deemed to fall within pri ately operated, for collecting, transferring, com- the term of"a contractor licensed by the City of pa ting and/or transporting solid waste for dis- Saint Paul to do such work in the streets" in the po al purposes. proviso contained in Section 121.02 of the Saint Paul Legislative Code. omposting is the controlled biological decom- (Code 1956, § 220.17) po 'tion of selected solid waste in a manner re- sul ing in an innocuous final product. Sec. 356.09. Renewal. arbage is discarded material resulting from Any holder of a license granted under this chap- the handling, processing, storage,preparation, serv- ter may renew the same at any time during the in and consumption of food. calendar year following the calendar year for which such license was granted by paying the sixty dol- I cineration is the process of burning wastes lar ($60.00) license fee and posting the required for he purpose of volume and weight reduction in bond. If any licensee hereunder shall permit the fac ities designed for such use. license to expire and shall not renew the same during the succeeding calendar year, he must apply ' oss references—Provisions pertaining to health,sani- as for a new license. tati and disease generally,see Title XXI;disposing of con- tam ated articles,Ch.210;for general provisions pertaining (Code 1956, § 220.11) to g bage and rubbish,see Title XXII. - �, ;=__: `' 2104 �� LICENSES $357.04 ,..�`• Land pollution is the presence in or on the and Solid waste storage is the holding of solid waste of any solid waste in such quantity, of suc na- near the point of generation. ture, and under such conditions as would i 'uri- Solid waste transportation is the conveying of ously affect any waters of the state, cxeat air solid waste from one place to another by means of contamination,cause air pollution, attract ro ents vehicle, rail car, water vessel, conveyor or other or vermin, cause a health hazard or othe ise means. create a nuisance. Toxic or hazardous wastes are waste materials, Refuse is putrescible and nonputrescible olid including but not limited to,pesticides,acids,caus- waste, except body wastes, and includes gar age, tics, pathological wastes, radioactive materials, rubbish, ashes, incinerator residue, street c ean- flaznmable or e�losive materials,and similar chem- ings, and solid industrial and market waste icals and other harmful wastes which require spe- Rubbish is nonputrescible solid wastg co sist- cial handling and which must be disposed of in a ing of both combustible and noncombus�ibl ma- manner so as to protect the public and conserve terials such as paper, cardboard, yard clipp ngs, the environment. wood, clothing, bedding, ashes,tin cans,cro ery (Code 1956, § 319.02) or litter of any kind. Sec. 357.03. Fees. Sanitary landfill is a method of disposi g of _ �e fee required is five hundred dollars($500.00) solid wastes on land without creating a nui nce for each site, location, facility or piece of equip- or hazard to the public health,safety and ge eral ment; provided, that for each collector or hauler welfare by utilizing the principles of engine ring of solid waste the fee is one hundred dollars($100.00) to confine the solid waste to the smalle$t p acti- for each truck. ..� cal area, to reduce it to the smallest pra ical Code 1956, § 319.03(b)) f'`:�'�-':. ( F.;..--�;::, volume, and to cover it with a layer of e h at ��''�="�:-''�' the conclusion of each day's operation o� at uch , �"� more frequent intervals as may be requir d in �c. 357.04. Licensing requirements. order to comply with this definition. (a) Application. When the application is sub- mitted in complete form, the inspector shall trans- Solid waste is garbage, refuse and othe dis- mit said application to the department of public carded solid material, or other organic wast , ex- works. The department of public works, after re- cept animal wastes used for fertilizer, incl ding view and inspection of the application,plans,site, solid materials resulting from residenti�l, i dus- facility,and equipment,shall within ten(10)days trial, commercial and agricultural operat�ons and report to the inspector regarding the applicant's from community activities, but does not in lude compliance with applicable state statutes and city earthen fill, boulders, rocks and other ma rial ordinances.If found to comply,the inspector shall normally handled in construction operations, olid issue the license; or, in case the application,plans, or dissolved materials in domestic sewage,or ther site, facilities or equipment do not comply, the significant pollutants such as silt or susp ded inspector shall immediately notify the applicant solids in industrial wastewater effluents,diss lved of the reason for such noncompliance in accord- materials in irrigation return flows, or oCher com- ance with Section 310A5. mon water pollutants. Solid waste collection is the gathering of olid ro� I�urance. No license shall be granted or shall become effective until the licensee shall have waste from public or private places. filed with the inspector a copy of certificate of Solid waste disposal operations are tl�e s' e or insurance protecting the licensee from claims for sites, facilities, operating practices and� m inte- damages and bodily injuries including accidental . nance thereof for the utilization, prceessijng, eat- death, as well as for claims for property damage ing or final disposal of solid wastes, i�clu ing, which may arise from operations involving all but not limited to, land disposal, inciner ion, phases of solid waste disposal operations,as herein composting,reduction,shredding,compressing,mill- defined, in Saint Paul.The minimum amounts of ;�„�='_�`�:;:., ing,baling and salvage of such solid wastes. such public liability insurance shall be as follows: • 2105 $357.04 LEGISLA E CODE �^' � �` � (1) Bodily injury insurance (including deat�) (b) License to be displayed All licenses issued in an amount not less than one hundred in accordance with this chapter shall be displayed thousand dollars ($100,000.00) for all dam- where they can be readily seen in or on the site, ages arising out of bodily injuries to or death facility or equipment for which such license is of one person,and subject to the same limit issued and in accordance with public works de- for each person in a total amount of not partment rules and regulations. less than two hundred thousand dollars (c) Schedule of chaa�ges Each licensee shall sub- ($200,000.00)on account of any one accident. �t�the inspector a schedule of advertised charges (2) Property damage insurance in an amount in connection with his operations or service at the of not less than fifty thousand dollars time of the initial application for license, and ($50,000.00) for all damages to or destruc- such charges shall not be changed except by sub- tion of property in any one accident. mitting a revised schedule of charges to the in- pector at least thirty(30)days prior to the effec- Insurance policies shall run concurrently with the ive date of such changes. The inspector shall license period, and copies or certi�cates of such eport such revised charges to the city council policies shall be filed with the inspector prior to rior to the effective date of such changes. Any the issuance or reissuance of such license. icensee who shall change his chazges contrary to (c) Plans and specifications. Before a license is he above prceedure shall be required to appear issued for a solid waste facility,such as a transfer efore the city council for consideration of revoca- station, compactor station, salvaging operation, �on of his license. shredding location, composting location, inciner- (d) General regulations; premises In connection ation plant, or other facility intended to store, 'th solid waste disposal operations licensed under handle, treat, utilize, or dispose of solid waste, t is chapter,the entire operation shall be carried - plans and specifications shall be submitted to the o in such a manner that it does not create exces- � city council for approval. In addition to approval � s ve noise, dust,or odors. � by the department of public works, approval will �', Adequate fire protection shall be provided in be required by the County of Ramsey, metropoli- I 1 ding, unloading, storage and handling areas. tan council and the Minnesota Pollution Control '� Agency. , An adequate,continuous rodent and insect con- (Code 1956, §§ 319.03, 319.04) , tr 1 program shall be carried on at the site. uch facilities shall be located in areas that are Sec. 357.05. R.egtiilations. ', pr perly zoned for the purpose and shall be equipped, (a) Applicability. These regulations and stand- � op rated and maintained in such a way as to ards shall apply to the storage,collection,transporta- ' m imize the interference with other activities in th area. Adequate sanitary facilities shall be tion, treatment, handling, utilization, and final '� pr vided at the facility for employees. disposal of all solid waste and the supervision, , _ inspection and control of all facilities and equip- '; O Identifying sign. A sign shall be posted at ment including operation and maintenance of such �,th entrance to the facility identifying the opera- facilities and equipment in connection with such �i,tio and indicating the normal hours of opera- solid waste for the protection of the health,safety I tio , and access to the facility shall be provided and general welfare of the public in Saint Paul. �!onl during such hours.The sign shall be such as �ito omply with the requirements of the Minne- The responsibility for compliance with these ��sot Pollution Control Agency as well as the pro- regulations and standards shall be with the owner wisi ns of this chapter. , and/or occupant of any premises, business estab- ! lishment or industry, and the owner and/or oper- �� ( Solid cvaste storag� ator of any equipment or facilities involved in the !, (1 Responsibility: The owner and/or occupant storage, collection,transportation,treatment,han- I of any premises,business establishment or -- dling,utilization and final disposal of solid waste. industry shall be responsible for the sani- � � -f <.�-:�..:: ..� 2106 :__ ..., �-- r . .._ . .:, _ _. . . -,_ :,. . 3.....,., . ., .. .. :�.}�;r _".:_ '-.;. . �w'�::_ ...�.o;-„ _... . _ .._..__ . .... . ._ , ,...... .._.__.._�..ar... _. _.. _,�...��v.:^......... ..,.. . ...._ .... � �9 �.��7 /..��, LICENSES $357.05 `' �� ;�, tary storage of all solid waste accurriul ted board and similar rubbish shall be stored or stored at that premises, businesis es ab- in a manner so as not to create a nuisance lishment or industry. or a rat harborage. (2) Containers: Solid waste containing gar age (g) Collection and transportation: and putrescible wastes when store�l o t of (1) R,esponsibility: The owner and/or occupant doors shall be stored in durable,rust-resi t, of any premises, business establishment, nonabsorbent, watertight, rodentprpof, as- or industry and/or the refuse collector in- ily cleanable containers with close-�t ng, volved, if any, shall be responsible for the fly-tight covers.The maximum capacit for safe,sanitary and satisfactory collection and storage containers intended to be han led transportation of solid waste accumulated manually during collection shall be th rty- or stored on a premises, business establish- two(32)gallons.ftubbish shall be stor in ment or industry to an approved solid waste durable containers with proper caver . In treatment,handling,salvaging,compacting, no case shall the storage of solid �vas in composting, shredding, incineration or dis- plastic bags be allowed except fori ma eri- posal site or facility or on a site or facility als such as leaves,lawn clippings �nd im- fnvolved in any combination of such activities. ilar materials. Other types of co tai ers which may not meet all of the requ e nts °_ (2) Operations and Facilities: Vehicles or con- above but which will facilitate sol d ste tainers used for the collection and trans- storage, handling and collection i a safe portation of solid waste containing garbage and sanitary way may be approve b the and putrescible waste shall be durable,rust- department of public works. All co ta' ers resistant,leakproof and easily cleanable with ��'=�.�,.. for the storage of solid waste shall e ain- tight-fitting covers of a type approved by ?. � tained in a manner which will pre en the the department of public works. Such vehi- �._,��y creation of a nuisance or menac t the cle or container shall be maintained in good public health, safety and general we are. repair and shall be properly cleaned to pre- Containers which are damaged, b ok or vent a nuisance or insect breeding. Vehi- otherwise create a nuisance or m na e to cles and containers used for the collection public health, safety and genera we fare and transportation of all solid waste shall shall be replaced with acceptable co tai ers. be loaded and moved in such a manner (3) Storage of Toxic or Hazardous N�ate ials: �at contents will not fall, spill or leak there- Toxic or hazardous materials or su�st nces from and shall be covered to prevent blow- to be disposed of shall not be stored ith ing of material. Where spillage does occur regular solid waste but shall be store in a for any reason, the material spilled shall safe location in accordance with appli able be picked up immediately by the collector provisions of the requirements of'the City or transporter and returned to the vehicle of Saint Paul and the State of Mi�nes ta. or container and the area properly cleaned (4) Location of Containers: Container for olid up� waste storage shall be kept in oca ions Where garbage and other putrescible wastes that do not create a nuisance an su h lo- are included in the solid waste from any cations shall be maintained in a! m ner premises,business establishment or indus- acceptable to the department of public rks. try, such solid waste should be collected at In no case shall the containers be kept ond least once every seven (?) calendar days the alley line or in front of the establ shed unless due to conditions acceptable to the . building line as defined in the zonin code department of public works and the divi- or on boulevards except on the d y of sion of public health a longer time is collection. approved. (5) Solid Waste not Suitable for Storage i Con- (3) Toxic or Hazardous Material:Toxic or haz- �� 'Y'��`= tainers:�ees,tree limbs,wood chwnks,card- ardous materials to be disposed of shall not ;.; :.:.Kri, `•�:...�� . , 2107 _ .. .. _. ... - _ . :, $357.05 LEGISLATNE C DE ��`!`�s-��a-. ��K - „ be collected or transported with other solid ) Operations and Facilities: All operations waste unless such combined collection and and facilities for the transfer, treatment, transportation is approved by the depart- salvaging, composting, compacting, shred- ment of public works and shall be in ac- ding or otherwise handling solid waste shall cordance with the state and local require- be carried on in facilities designed for the ments. purpose and approved by the County of �tamsey, the metropolitan council and the (4) Containers for Collection:Where collection Minnesota Pollution Control Agency, and - or pickup is by manual means, containers licensed by the City of Saint Paul. for collection shall be of a maximum size of thirty-two (32) gallons. For the purpose of All solid waste involved in the operation of handling solid waste during collection, all the facility shall be co�ned to adequate, solid waste may be contained in plastic bags enclosed areas for dumping, storage and when such arrangement for collection has handling. Access to the facility shall be been approved by the department of public � provided only at times that are approved works. In no case shall plastic bags con- ; and when authorized employees aze on duty taining solid waste for collection be placed ;' at the facility. exposed out-of-doors for periods of more than i ` Adequate equipment and facilities shall be twelve (12) hours, except under conditions provided to clean the loading, unloading, beyond reasonable control by the owner,; dumping, storage and handling areas; and occupant or collector. it is required that the entire facility be (5) Solid Waste not Stored in Containers:�ees,� maintained in a sanitary condition at all tree limbs,scraps of wood cardboard ma a-i times. �"=`� = , , g � zines, newspapers and similar rubbish may� Solid waste which is to be finally disposed be tied in bundles of•suitable size for han+ of at a sanitary landfill or other disposal dling during collection. site is to be removed promptly to such site. (6) Name of Licensee Displayed: All vehicle� (i) Incineration and equipment licensed hereunder shall havc, on each side of said vehicle and equipment (1) Responsibility: The owner and/or occupant in a position where it may be clearly seen, of any premises,business establishment or the name of the licensee in block letters industry involved in the operation of an not less than two (2) inches high, painted incinerator for the reduction of solid waste in a contrasting color. by incineration shall be responsible for the operation and maintenance of such facility (h) Transfer, treatment or otherwise handling in a manner consistent with the health, of solid waste: safety and general welfare of the public . and in accordance with the provisions of (1) Responsibility: The owner and/or occupant this chapter and in compliance with the of any premises,business establishment or requirements of the Minnesota Pollution industry involving a facility operated for Control Agency. the transfer,treatment, salvaging,compost- ing, shredding, compacting or otherwise han- (2) Facilities and Operation: All facilities and dling solid waste shall be responsible;'for operations for the reduction of solid waste the maintenance of such facility in a nlan- by incineration and any attendant opera- � ner which is not detrimental to the hea�lth, tion as listed in paragraph (h) of this sec- safety and general welfare of the publi tion that may be carried on in conjunction and is in accordance with the provisio�hs o with incineration at the same premises shall ;:r-,..,., this chapter and the rules and requirem�en be carried on in a facility designed for the of the department of public works. purpose and approved by the. County of � ` � ��,:- >.,' 2108 � r'` � '/`�-'`� ��: ;�^:�:;:;:, LICENSES 4 357.06 .�.;:,.- _.. �, .,.;�:>:_,: c;�.,;. Ramsey, metropolitan council, the inne- of solid waste within the City of Saint Paul. sota Pollution Control Agency, a�d s ap- The owner and/or occupant of any premises proved and licensed by the City of aint to be utilized for the purpose of a sanitary Paul. landfill disposal area shall be responsible All solid waste involved in the op�rat on of for the operation and maintenance of such the facility shall be co�ned to ade uate facility in a manner consistent with the enclosed areas for dumping, storage, han- health, safety and general welfare of the dling and charging. public and in accordance with this chapter and in compliance with all applicable state Adequate fire protection shall be pro ided laws. in the dumping,storage,handling and arg- (2) Facilities and Operation: All facilities and ing areas. Adequate facilities and e�qui ent operation of a sanitary landfill for the dis- shall also be provided to clean the tire posal of solid waste shall be carried on on a premises,including water supply and ain- premises that is approved and licensed by age for washing down the entire f�cil ty . the City of Saint Paul for this purpose. No The provisions of this section sha11 no only such sanitary landfill shall be approved or apply to the incineration activities here _ licensed unless it has been approved by the the sole purpose is the reduction of solid - Minnesota Pollution Control Agency, the _ waste in volume and weight, but al o to metropolitan council and Ramsey County. such other activities as may be requi d to Adequate fire protection shall be provided salvage, process and utilize solid was e for and arranged for at the site. �:.,:., such operations as the generation of s eam Access for the purpose of disposing of solid .:J~�:::�-.; pg;::�'=:�:�; for heat and power. waste shall be during the hours that are �°��u The remaining solid wastes, such as i cin- approved by the city council and shall only erator residue and noncombustible solid aste be at those times when authorized employ- which is to be�nally disposed of�t a ani- ees are on duty at the facility. tary landfill, are to be removed fro the �Code 1956, §§ 319.01, 319.03, 319.05-319.09; site regulazly with no excessive stor e of Ord. No. 16916, 5-25-82) such material at the incinerator site. Sec. 357.06. Enforcement. Access to the facility shall be provide only �a) Revocation or suspension of license. The city at those times which are approved�nd hen council may suspend or revoke such license when authorized employees are on duty a the the licensee neglects or fails to comply with the facility. provisions of applicable Minnesota Statutes, city ordinances [and/or] .the rules and regulations of (j) Sanitary landfall: the department of public works as approved by (1) Responsibility: While it is not antici ated the city council with reference to solid waste. that there will be any public or pr vate (b) Inspection. Inspection may be made of any sanitary landfill operation within; th city premises or facilities in connection with the stor- li�its after the closing of the Pig's Eye age, collection, transportation,treatment, handling, landfill operation, these provisions in- utilization and final disposal of solid waste at any cluded in the event that the availabil y of reasonable time upon showing proper ident�ca- sites in other locations makes it nuece sary tion. Inspection may be made by authorized per- to utilize relatively small areas t�at may sonnel from the department of public works, the be available. Such sites, with certain spe- city fire marshal, the division of public health, cific variances from the Minnesota llu- the division of housing and building code enforce- tion Control Agency,the County of R y, ment, the County of Ramsey, the metropolitan -�'-��`• the metropolitan council and the Ci y of council, the Minnesota Pollution Control Agency F'�'�::'��'�=' Saint Paul may be required for the�dis al or any peace officer. �%' 2109 _ . _.. ., , .. ,, _ r, , � � $357.06 'LEGISLAiTIV CODE �-�^;'_,��;;:_ �-;`=: (c) Violations. Whenever it is found that a via ays of the date of this ordinance. The proposed lation of the provisions of this chapter exists,the ate ordinance and amendments thereto shall be department of public works may take action to ublished in the official newspaper of the city at correct the conditions by serving a written order east thirty(30)days prior to public hearing to be or. notice upon the person responsible therefor eld for the purpose of considering such rates. directing him to discontinue such illegal action or ftates for solid waste disposal shall be charged correct such condition which is in violation of the gainst the premises from which solid waste is provisions and regulations of this chapter. ollected and the owner of the premises served (Code 1956, §§ 319.03, 319.10, 319.11) hall pay such rates within the time specified in e rate ordinance.The department of public works Sec. 357.07. City collection of solid waste. y��,�P�d collection charges to the Ramsey (a) City department may collect solid waste The ounty Department of Property Taxation with department of public works shall collect solid waste he taxes against the property served, and, in from property located within corporate limits of ' hat event, the rates shall be collected as other the City of Saint Paul from such property owners ' �es are collected. as shall request such service. For the purpose of ' (d) Solid waste collection fund There is hereby carrying out this authority, the department of stablished a fund to be known as the"Solid Waste public works may prepare rules and regulations ollection Fund(R,ubbish Disposal Fund)" which applicable to city collection and collection by pri- und shall be a continuing fund to which shall be . vate haulers. Said rules shall govern the collec- edited all receipts and to which shall be charged tion of solid waste, and the department of public 11 costs incurred incident to such activities.This works shall submit such rules and regulations to und shall be kept as a separate and distinct fund the city council for approval.If approved,the rules ' rom any and all other city funds and shall be � and regulations and any amendments thereto shall sed for the purposes set forth in paragraph (c) ` be enforced by the department of public works.A nd shall be used for no other purpose. copy of all approved rules and regulations and ' Code 1956, §§ 319.12-319.16) . any amendments thereto shall be maintained on file in the office of the city clerk and shall be , Chapter 358. Reserved available for public inspection during normal busi- ness hours. apter 359.Sound�ucks and Broadcasting (b) Owners may request city collection. Owners Vehicles* may make written request to the city to have '', solid waste collected and removed from their prop- c. 359.01. License required. � erty. Such written request shall be made on forms No person shall park, operate, drive or use a prepazed by the department of public works and roadcasting vehicle in Saint Paul without a license. be filed with said department.The department of ode 1956, § 162.02) public works shall mail said forms to homeown- , ers upon written or telephone request. �'I c. 359.02. Definitions. (c) Rates for solid waste collection. It is the in- I The following definitions shall apply to this tent of the city council that the city's solid waste ' hapter: service shall be operated on a �nancially self- sustaining basis. However, until such service is �l) Broadcasting aehicle means and includes financially self-sustaining,funds shall be provided ' anY vehicle,motor drawn or otherwi.5e,which • by the council to maintain city waste collection ' has attached thereto or has thereon any service at the level as of June 1, 1971,for a period device for amplifying and broadcasting of ninety (90) days from and after July 1, 1971. through one or more loud speakers speech The city council shall establish rates for solid sCrosa reference—Advertisin b waste collection by ordinance within sixty (60) h 2� g Y pound on the streets, � ��';� 2110 �9- i�r�-- s��T'��. , CITY OF SAINT PAUL 3'4e ;`�>9 g; ��^ OFFICE OF THE CITY ATTORNEY '� uuuimu ,� `%� "'� 1°° �� EDWARD P. STARR, CITY ATTORNEY ,.., _ `%�,,, �.., nj,,,�,.,�•�''� 647 Ciry Hall,Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR �E�IE�V�� May 12, 1989 � � � }O�t� ��v� Richard Wybierala, President Poor Richard' s, Inc. 400 Whitall Street Saint Paul, Minnesota 55105 RE: Poor Richard' s, Inc. Our File No. 588-0306 Dear Mr. Wybrierala: � I am assuming responsibility fo this matter and will act as the attorney for the City from he�c forth. In reviewing the file I find an error in Count l(D) ( iii) . The correct descriptionis Lot 4, Bl ck 5, Stinson' s addn. It is my understanding that t�is ma-ti.er has l�een the subjech. of quite a bit of discussion, and I assume this error on the lot number is not a significant change r�qu' ring a delay in the process. If you disagree, please have �ou attorney contact me immediately. Sincerely, THOMAS J. WEYANDT Assistant City Attorney TJW:paw '� �I cc. John Daubney, Attorney fo� L ' censee Jon Lunde, OAH � ,I '��'� CITY OF SAINT PAUL ��`� ��• > ' 9 OFFICE OF THE CITY ATTORNEY go f �. ;;� iiii�iii°i �� ;�.. ,._ E D W A R D P. S T A R R, C I T Y A T T O R N E Y '�'"n,,,,�,Q',;��'`�` 647 City Hall, Saint Paul,Minnesota 55102 GEORGE LATIMER 612-298-5121 MAYOR May 17, 1989 . Ms . Alice Wybierala Mr. Lawrence Wybierala Mr. William Butler �� Mr. Richard Wybierala � Poor Richard' s Inc . ,."��,�p�9 � 400 Whitall Street �'1�,� ,�� .� St. Paul, MN. 55105 ' '�`,��5 �" RE: Adverse License Action Poor Richard' s , Inc . _ °� �� Our File No. S88-0306 OAH Docket No . 8-2101-2774-3 Dear Lady and Gentlemen: It has come to my attention that revious notices regarding this matter have possibly mis-identi�i d Richard Wybierala as president of Poor Richard' s, Inc. A revi�w of public records leads me to believe that each of you are shar holders and perhaps officers of the corporation. It is impo�t nt that you all have notice of the pending cases , and for that� r ason I am sending this letter of notice, and am incorporating inito it by reference the notices of May 2, and May 12 . I assume there has been adequate pportunity for you to prepare for this matter, and there will b no claim of prejudice. If this is not the case, please noti y me no later than May 23 so this r�atter can be continued. Sincerely, THOMAS J. WEYANDT Assistant City Attorney cc: John Daubney Jon Lunde - Office of Admi;ni trative Hearings � . �;-�^�=��r��--�-� --�. �.;. .;. STATE O M I N N ESOTA OFFICE OF AD INISTRATIVE HEARINGS FIFTH FLOCIR,F UR EXCHANGE BUIL�ING 310 FOU H AVENUE SOUTH MINN6AP0 IS,MINNESOTA 55415 ( 2)341•7800 Septemb r 26, 1988 Richard Wybierala Poor Richard's, Inc. 400 Whitall Street ' St. Paul, I�i 55105 Philip B. Byrne Assistant Ramsey County Attorney 647 City Hall St. Paul, IrIl1 55102 Re: Poor Richard's, Inc. License Hear ng; OAH Docket No. 5-2101-2774-3. Gentlemen: As you know, I've been assiqne� t hear this appeal on November 4, 1988, if it has not been settled by then. 'm sure we all agree that it is much better for people to settle their dis utes to their mutual dissatisfaction, perhaps through some kind of compromi e; than to have a (perhaps also mutually unsatisfactory) decision recommended y an Administrative Law Judge, decided by the City Council, subject to rewie by the Court of Appeals, subject to review by the State Supreme Court. I m sure you both understand the potential delay, appeal costs and further poten ial dissatisfaction involved. I urqe you to get in touch witri e ch other as soon as possible to esplore settlement options, or at least to 'na rov� the fact issues by identifying where your witnesses have an honest disagre ment as to the facts, stipulatinq to the rest. If either of you feels that a gre earinq conference call (Minn. Rule 1400.6500) would assist in that proce s, I will order and arrange one. AN EQUAL OPP RTUNITY EMPLOYER ' . , . ��- ��ir� Mr. Mybie�ala and Mr. Byrne Septen�er 26, 1988 Pa9e 2 There is also a rule permitting a, fo 1 "settlement conference' (Minn. Rule 1400.6550) which could also be cond cted by phone at either party's request. That would allow you to explor all of the factual and legal issues with another Administrative Law Judge wh would try to help you resolve or simplify the dispute. At least s/he cou d enter an order narrowing the issues which would be binding on me if you coul n't reach an agreement and we had to go to hearing. Except for such an or�ier I could not otherwise conmunicate in any way with the other Administrative' La Judge about the facts or issues involved. There is also a similar new 'alter�na ive dispute resolution" process, which I recommend and have used successf lly in the past in a licensing case. called "mediation" (Minn. Rule 1400.5950 . It is completely voluntary with both of you. Either could simply withdr w at any time. The mediator would � have no authority to make decisions or i ose a settlen�ent. I (or someone else appointed by the Chief Administrati e Law Judge) would be the mediator who would attempt to help you �ointly re lve the dispute� possibly also by phone. If the mediator fails, the ca�e uld still be fully heard on the merits, without any pre�udice, by ano�he uninvolved Administrative Law Judge. Please do place a call to one-anot�he as soon as you receive this letter to discuss informal simplification or �et lement and/or the formal less adversarial options outlined above. Enclosed are some materials on altl�rn tive dispute resolution regularly distributed by this Office. ' Sit�ce ely, HOItIAR L. KAIBEL JR. � Admin strative Law Judge Te�ep one: 612/341-7608 H :vh �,,..,..= En s �� ,,;,,��;,«:r,:,.>. �(', /�� `'� / .��,�.6��1L{DL,y7.O�1'•.: .��y� :?� . ��..i�p.•�•, _ - ��. � �'•{..�..�� - . �. u;��iu:., STATE O M I N N ESOTA OFFICE OF AD INISTRATIVE HEARINGS FIFTH FLO�R, F UR EXCHANGE BUILDING 370 OU H AVENUE SOUTH MINNE�APO IS,MINNESOTA 55415 � (6 21341-7600 � Mlay > 19 8 9 - ; i Richard Wybierala Philip B. Byrne Poor Richard's, Inc. _ Ij Assistant Ramsey County Attorney 400 Whitall Street - - � 647 Ci�y Hall St. Pau�. I�i 55I05 �, Saint Paul, t�IId 55102 i Re: In the Matter of Poor Richard's�„ I c. License Hearing; OAH Docket No. 8-2101-2774-3. Gentlemen: Please be advised that the referen ed case has been reassigned to my -- docket and wi3i be heard on June I, 19 9, commencing at 9:00 A.M. I assume that we will hold the hearing fn RocDm 543, City Hall Annes, 25 West 4th Street. If that is not the _proper �oc tion, Mr. Byrne must notify me and Mr. � _ . Wybierala. : : _ , _ _ The record does not indicate if Mr. Wybierala is going to be represented by counsel. If he is, his attorney !mu t promptly submit a written Notice of Appearance, including an address anc� a elephone number. In addition, Mr. Byrne should file copies of the rele�va portions of the St. Paul Legislative Code prior to the hearing. That wil�ll sist me in preparing for the hearing. i Unless other arrangements are ma e, the hearing will be tape recorded and I espect that it will be completed i� t o days or less. If either party anticipates that more time will be n�ed d, I should be promptly notified of that fact and given an estimate of the gpected duration of the hearing. ' Yours very truly, � �_ A ��- �.Gc__. � �ivs� JON L. LUNDE ' Administrative Law Judge Telephone: 612/341-7645 JLL:vh AN EQUAL OPPpR NITY EMPLOYER , ��'� / ' % . f _ �,7 �a. ,�v.� 5 - a,� o � � - 3 . s��=_ �. CITY OF SAINT PAUL `�� ':9 �; � i<, OFFICE OF 7HE CITY ATTORNEY �� uiwuu ,� ��+ 1° �0° ��' EDWARD P. STARR, CITY ATTORNEY <;. '�`'��„�6•,_`�,��'`_ r 647 Ciry Hall, Saint Paul, Minnesota 55102 R��'��D 612-298-5121 GEORGE LATIMER MAYOR SEP 2 3 19$8 . ADYINI�TAATq� September 22, 1988 HEARINQ� . ` Mr . Richard Wybierala, Pres. ' NOTICE OF HEARING Poor Richard' s, Inc. 400 Whitall Street ' Saint Paul , Mn. 55105 RE: Poor Richard's, Inc. Dear Mr. Wybierala: This is to notify you that a he ring will be held concerning all the licenses held at the premis s stated above at the following time, date and place: Date: November 4, 1 88 Time: 9:0�J a.m. � 15�13 City Hal Annex 25 W. 4th S1�r et, St. Paul, Mn. 55102 The judge will be an Administ*a ive Law Judge from the State of Minnesota Office of Administrati Hearings: Name: Howard I�. aibel, Jr. Fifth Fldor Flour Exchange Building 31P1 Southl F urth Street Minneapol�is Mn. 55415 Telephone: 341=7608 '; The Council of the City of $aint Paul has the authority to provide for hearings concern'in licensed premises, and for adverse action against such� licenses , under Chapter 3141 , including sections 310.�5 a�nd 310.06 , of the Saint Paul Legislative Code. In the case�, o licenses for intoxicating and non=intoxicating liquor , authdri y is also conveyed by section 340A.415 of the Minnesota Stat�te . Adverse action may include revocation, suspension, fines a�d ther penalties or conditions. Evidence will be presented to tYle 'udge which may lead to adverse action against all the city � i enses you hold at the above . premises as follows: � � r.lv , JT �..,- �� / I . You have used thre residentially=zoned parcels, for which legal nonco forming use status has not been established, for th conduct of your trash hauling and transfer business, ncluding but not limited to: a. the sto�a e, parking and placement on such parcels of vehicl�s, equipment and dumpsters; b. grading , ' mprovements and installation of fixtures on one or m re of such parcels; and c. other activ ties related to or arising out of said business. Such uses have contin ed at least for substantially all of 1987 and 1988, nd involve the following three parcels of land : (i) Lots 2 and 3, Block 4, Stinson's Addn. (S.E. corne� o Whitall and DeSoto) ; (ii) Lots 12, 13, 14 and 15, B ock 9, E. Rice's 4th Addn. (N.W. corner of Whi tal l an Arkwr ight) ; and (i i i) Lot 4 and the N. 1/2 of Lot 5, lock 8, E. Rice' s 4th Addn. (S.E. corner of York and TnTe tminster). Such uses violate the provisions of the Sain Paul Zoning Code. II. You have established a parking lot for your use and that of your employe s or others without site plan approval and in violation of the zoning code, on property located ori L ts 2 and 3, Block 6, E. Rice's lst Addn. (north sid� f Whitall Street, west of Clark Street) . �'� �� i III . While your solid wa!st transfer station and rubbish hauler's licenses we�e nder suspension from April 12, 1988 to April 26, 1�8 , you conducted business as a rubbish hauler in vio��la ion of the order of suspension. I You have the right to be repre�se ted by an attorney before and during the hearing if you sq hoose, or you can represent yourself. You may also have a�� p rson of your choice represent you, to the extent not prohibite as unauthorized practice of law. The hearing will be conducted in a cordance with the requirements � of sections 14.57 to 14.62 of the innesota Statutes, and such parts of the procedures under �e tion 310.P15 of the Saint Paul Legislative Code as may be applica le. At hearing , the Administrative Law Judge will have all parties identify themselves for the rec rd. Then the City will present its witnesses and evidence, eac of whom the licensee or attorney may cross•=examine. The license may then offer in rebuttal any witnesses or evidence it may w sh to present, each of whom the City attorney may cross=exami.n . The Administrative Law Judge may in addition hear relevant an material testimony from persons not presented as witnesses who h ve a substantial interest in the outcome of the proceeding; far xample, the owners or occupants of property located in close pr ximity to the licensed premises may have substantial interest 'n the outcom e of the proceeding. Concluding arguments may be mad by the parties. Following the hearing, the Judge will prepa�e Findings of Fact, Conclusions of Law, and a specific recommendati n for action to be taken. You should bring to the heari g all docum ents, records and witnesses you will or may 'ne d to support your position. Subpoenas may be available to co pel the attendance of witnesses � or the production of documents in conformity with Minnesota Rules, part 140g.700�1. If you think that this matter �ca be resolved or settled without a formal hearing, please cont;ac or have your attorney contact the undersigned. If a stipula�io or agreement can be reached as to the facts , that stipula,ti n will be presented to the Administrative Law Judge fo� ncorporation into his or her recomm endation for Council actfon If you fail to appear at the hear ng, the allegations aqainst you which have been stated earlier n this notice may be taken as true and your ability to challeng them forfeited. If non=public � . . . ��"' o�l/% �:a f� � data is received into evidenc at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, section 14. �J, subdivision 2. Very truly yours, _ $• ,�� PHILIP B. BYRNE Assistant City Attorney (612) 298 �-5121 _ Atty. Reg . No. 13961 cc: Joseph F. Carchedi License Inspector � Lt. Donald Winger Vice Unit Albert B. Olson City Clerk :�Ir3�qe P��ca11 Office of Administrative H arings John E. Daubney, Esq. Attorney for Licensee John T. Hardwick Zoning Inspector Wendy C. Lane Zoning Inspector Robert W. Kessle Citizen Ser�•ice Office Patricia Pothen Public Works Dept. Patricia Rife District 5 ! I �I .