Zoning and Licensing Review. Eric Hudak and Wendy Lane Saint Paul Department of Safety and Inspections June 27, 2017

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1 Zoning and Licensing Review Eric Hudak and Wendy Lane Saint Paul Department of Safety and Inspections June 27, 2017

2 DEPARTMENT OF SAFETY AND INSPECTIONS The Saint Paul Department of Safety and Inspections (DSI) is a multi-discipline regulatory department that works to preserve and the improve the quality of life in Saint Paul by protecting and promoting the public health and safety of all.

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4 Licensing Division General Overview Staffing full time employees Assist individuals, new and existing businesses navigate regulatory process Process license applications, conduct inspections, issue licenses Investigate and resolve complaints involving licensed establishments Conduct liquor and tobacco underage compliance checks Inspect licensed motor vehicles Conduct charitable gambling enforcement and proceed oversight Skyway system management Process Sound Level variances Conduct special event licensing and coordination

5 200 + individual license types Current License Statistics (Approximations) Total Licenses and Permits currently issued = 11,500 Animal licenses and permits (5500) Common Dog (4400) Less Common Exotic (220) Chicken (80) Trade licenses (1900) Warm Air, Refrigeration, Plumbing etc. Business Related Licenses (4100) Common Liquor related (900, multlipes issued at same location) Cigarette/Tobacco (260) Auto related (215) Uncommon - Infectious Waste Processing Facility (1) Mobile Retail Vehicle (1) Agricultural Vehicle Permit (1)

6 License Types 3 Classifications 1. Class T = Temporary (approved or denied by DSI Director) Gambling, Liquor, Entertainment 2. Class R = Regular (approved or denied by DSI Director) Cigarette/Tobacco, Pet Shops, Commercial Vehicles, Massage Centers 3. Class N = Notification Required (approved or denied by City Council) Liquor, Gas Station, Auto-related Criminal Background Check Requires notification of neighbors 30-day response period to receive objections (45 for liquor applications) If none, license is issued (usually within a week of close of response period) If objections, legislative hearing takes place then referred to City Council

7 Licensing Enforcement Complaint based public, law enforcement, other agencies Licensing staff investigate submit request for adverse action to City Attorney s Office Notice of Violation issued providing licensee options to resolve 1. Do nothing, placed on Council agenda for approval of proposed remedy 2. Admit but contest penalty. Appear before council to plead no or lesser penalty 3. Dispute the facts. Appear before an Administrative Law Judge who recommends remedy to Council. Council then accepts, modifies or rejects those findings. Escalating penalty matrix fine, suspension, revocation Upward departure when appropriate Imposition of conditions or additional conditions All final determinations regarding adverse licensing actions are made by the City Council

8 Licensing Enforcement / Investigation District Council 6 Area Born s Bar 899 Rice St. The Foundry Pub 1201 Jackson St. Insurance Auto Auction Jackson St Strategic Materials 195 E. Minnehaha Ave. 3B Auto Sales 1176 Dale St. N YTD Tobacco Compliance - 16 checks. zero failures!

9 Recent / Current Licensing Processing Activity District Council 6 Newly Applied-for Licenses: Temporary Extension of Hours Liquor/Entertainment Pupraya, 945 Rice St. Malt Off Sale Asian Market, 1423 Rice St. Wine On Sale + Liquor Patio John s Pizza Café, 616 Como Ave. Auto Body Paint + Sales Koenig and Sons Equipment, 1384 Sylvan St. Change of Ownership: Twin Cities Auto Sales, 33 Acker St. E. 3B Auto Sales, 1176 Dale St. E. Xpert Auto Repair, 1160 Rice St. St. Paul Auto Body, 102 Acker St. E. K2 cars 370 Maryland Ave. W. Best Car Wash and Detail, 1540 Rice St.

10 Licensing Sound Level Variances Special Events, Construction Projects Variances allow temporary exceeding of city sound level limits. Variance applications are processed through the Licensing division. Neighborhood notification required 15-day response period Public Hearing All applications are approved or denied by City Council Crashed Ice Village Monster Dash

11 Licensing Currently Involved Projects Racial Equity Licensing Assessment Open for Business Lean Urbanism Sustainable to-go food packaging Short Term Rental regulation Super Bowl 52 Planning

12 WHAT IS THE PURPOSE OF ZONING? Zoning ordinances and regulations control how you can use a property. Zoning laws guide development and shape communities. Zoning rules and regulations help guide the vision of the comprehensive plan.

13 TYPES OF ZONING HEARINGS Board of Zoning Appeals Variances Appeals Planning Commission Conditional Use Permits Nonconforming Use Permits Rezonings Site Plan Reviews Appeals City Council Rezonings Appeals Subdivisions Interim Use Permits

14 PUBLIC HEARINGS FOR ZONING CASES State law State law requires cities to make a decision on zoning applications within 60 days or the application is automatically approved. The timeline can be extended by the city, but not routinely, it must be on a caseby-case basis. The applicant can agree to extend the deadline any amount of additional time. Early notice of the application is sent to the ENS list within 2 days of submission. Public hearing notice is sent to the district council and property owners within 350 of the subject site 10 days prior to the hearing, except notices for variances for a single family addition is sent to property owners within 100 of the site.

15 ZONING STAFFING Department of Safety and Inspections (DSI) Staffs the Board of Zoning Appeals Coordinates Site Plan reviews Provides zoning information to the public Issues sign permits Enforces the zoning code Department of Planning and Economic Development (PED) Staffs the Planning Commission Coordinates lot splits & subdivisions Prepares zoning studies & text amendments Works on citywide & small area plans

16 SAINT PAUL ZONING DISTRICTS Residential Districts Business Districts RL one-family large lot residential district OS office-service district R1 one-family residential district B1 local business district R2 one-family residential district BC community business (converted) district R3 one-family residential district B2 community business district R4 one-family residential district B3 general business district RT1 two-family residential district B4 central business district (downtown) RT2 townhouse residential district B5 central business-service district (edge of downtown) RM1 low-density, low-rise multiple-family residential district Industrial Districts RM2 medium-density, low-rise multiple-family residential district RM3 high-density, high-rise multiple-family residential district Traditional Neighborhood Districts T1 traditional neighborhood district T2 traditional neighborhood district T3 traditional neighborhood district T4 traditional neighborhood district IT transitional industrial district I1 light industrial district I2 general industrial district I3 heavy industrial district Special Districts VP vehicular parking district PD planned development district

17 ZONING DISTRICTS

18 ZONING STANDARDS Minimum lot area Density of dwelling units Floor area ratio Height of building Lot coverage Setbacks from property lines (yards) Separations from specific uses Design standards Off-street parking Signage

19 ZONING VARIANCES A variance permits the construction of buildings or structures that would otherwise be forbidden because they don t meet the Zoning Code s standards or conditions. The Board of Zoning Appeals (BZA) reviews most variances, although the Planning Commission reviews variances that are needed as part of a case they are otherwise reviewing. All six of the standards defined under the Zoning Code must be met in order to grant a variance. Use variances are illegal: they allow a use not permitted in a zoning district. Variances run with the land, not the applicant.

20 DISTRICT COUNCILS The District Councils may provide staff and the BZA with valuable guidance and feedback on zoning applications that affect their neighborhoods. Their role is advisory only, however, their position is usually given careful consideration prior to decision-making. District Councils may have varying policies regarding whether their land use committee can provide a recommendation to the City without full District Council approval. Staff recommends that applicants check with the District Council for information on their policies and their scheduled meeting times.

21 BOARD OF ZONING APPEALS (BZA) The BZA meets every other Monday. Their decisions are final unless appealed to the City Council. Appeal applications must be filed within 10 days. There is an appeal fee. Written notice is sent to the same property owners who received notice about either the BZA or Planning Commission hearing. A public hearing is held. The City Council s decision is the final legislative decision. 21

22 REQUIRED VARIANCE FINDINGS Is in harmony with the zoning code s intent. Is consistent with the comprehensive plan s goals. Practical difficulties exist in complying with the code. There are circumstances unique to the property not created by the owner. Will not allow an unpermitted use. Will not alter the essential character of the surrounding area. Variance applications meeting all findings must be granted as a matter of law. If one finding is not met, the variance must be denied.

23 VARIANCE EXAMPLES IN DISTRICT N. Dale St. Before After A variance to allow a garage to be rebuilt in the required front yard and 5 from the side property line rather than the 6 required.

24 VARIANCE EXAMPLES IN DISTRICT Kent St. Before After A variance of the side yard setback requirement in order to construct an attached deck covered with a pergola on the north side of the house. A setback of 6' is required from the side property lines; a 2.5' foot setback was approved.

25 VARIANCE EXAMPLES IN DISTRICT Rice St. Before After A variance of the sign requirements in order to construct a new freestanding sign with a reader board at the Rice/Arlington Recreation Center. 1) A maximum reader board of 30 square feet is allowed, 40 square feet was approved. 2) A maximum height of 4 feet-3 inches is allowed, 8 feet was approved.

26 VARIANCE EXAMPLES IN DISTRICT Jenks St. Before After A variance of building design standards in order to construct an addition to provide a new gymnasium for the MN Math and Science Academy. The zoning code states that window and door openings shall be at least 15% of the front building facade. The west building facade including the proposed addition would have 3.8% of windows and doors.

27 VARIANCE EXAMPLES IN DISTRICT Rice St. Before After A variance of the minimum building size in order to construct a new auto parts store in the T2 Traditional Neighborhood zoning district. This zoning district requires that the building be at least 30% of the lot area and the variance allowed a building that would occupy 25% of the lot area.

28 FOLLOW-UP INSPECTIONS Before a zoning case is closed, a follow-up inspection is done by zoning staff to ensure compliance with any conditions of approval. If conditions are not met, an order is sent to bring the property into compliance. If the noncompliance continues, staff looks at all of the enforcement tools available, depending on the type of violation: Take it back to the BZA, Planning Commission, or City Council Initiate adverse action against the business license Revoke the fire certificate of occupancy Take action under the nuisance ordinance Take legal action

29 ONLINE INFORMATION City web site: Department of Safety and Inspections (DSI) web site: Click on Zoning in the green box on the right Zoning code: Click on Legislative Code on left side of page Click on Title VIII-Zoning Code

30 DSI WEB SITE ( To file a complaint online (or call ) To find property information by address

31 FOR BZA RESULTS GO TO ZONING PAGE

32 Complaints/Compliments and Information Line (651) Questions?