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Memorializing a City Council decision to grant the appeal of Kris Thielen from the Board of Zoning Appeals decision denying a zoning variance to maintain a curb cut on the property located at 649 Snelling Avenue North.
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WHEREAS, On July 27, 2026, Kris Thielen (“Applicant”), applied to the Board of Zoning Appeals (“BZA”) in DSIBZA-000625-2026 for a variance from the strict application of the provisions of Section 65.616 of the Saint Paul Legislative Code for the purpose of maintaining an existing curb cut within sixty feet of residentially zoned property on a property in a T2 zoning district and commonly known as 649 Snelling Avenue North, and legally described as MIDWAY PLAISANCE, ST. PAUL LOTS 1 AND LOT 2 BLK 1 (PIN: 332923110047); and
WHEREAS, Section 65.616 (e) requires points of vehicular ingress and egress for a fast-food restaurant to be at least sixty (60) feet from intersections of any two streets and any abutting residentially zoned property; and
WHEREAS, Staff found the property is located in a commercial district that abuts a residential zone; and
WHEREAS, Applicant’s safe use of the property requires separate staff and employee entrances but only one of the existing curb cuts meets zoning code requirements; and
WHEREAS, Section 61.601 of the Saint Paul Legislative Code allows the City to grant variances from strict enforcement of the provisions of the zoning code; and
WHEREAS, The variance application was duly noticed for a public hearing, having sent written notice on July 15, 2026 to property owners within 350 feet of the property before the BZA; and
WHEREAS, On August 3, 2026, the BZA, in accordance with Section 61.601 of the Saint Paul Legislative Code duly conducted a public hearing on the Applicant’s variance request where all persons interested in said application were afforded the opportunity to present testimony either in-person at the hearing or by the prior submission of written testimony for the record; and
WHEREAS, At the public hearing the BZA considered the application, a staff report dated July 31, 2026, which contained a recommendation to approve Applicant’s variance request and is incorporated into this resolution by reference, and testimony from the Applicant as set forth in the BZA’s adopted minutes which are incorporated herein by reference; and
WHEREAS, The BZA, upon closing the public hearing, and based upon all the records and testimony received, including the report and recommendation of the BZA staff dated July 31, 2026, as substantially reflected in the minutes, denied the requested variance for failure to establish that the variance was in harmony with the general purposes and intent of the zoning code and failure to establish practical difficulties in complying with the zoning code (findings one and three respectively); and
WHEREAS, On August 13, 2026, Applicant, pursuant to Section 61.702 (a) of the Saint Paul Legislative Code, duly filed an appeal from the BZA’s August 3, 2026, determination in this matter under Zoning Appeal Application BZA File No. 000625-2026 and requested a hearing before the City Council for the purpose of considering the actions taken by the BZA; and
WHEREAS, The City Council appeal was assigned DSIAPP-000690-2026, and the matter was set for hearing on September 9, 2026; and
WHEREAS, On August 26, 2026, City staff sent notice of the September 9, 2026, City Council public hearing to property owners within 350 feet of the property; and
WHEREAS, On September 9, 2026, and pursuant to Section 61.702 (b) of the Saint Paul Legislative Code, a public hearing was duly conducted by the City Council where all interested parties were given an opportunity to be heard; and
WHEREAS, Following public testimony, having considered the application, the reports, the statements made before the BZA, and the BZA’s minutes and staff report, the City Council found errors in the BZA’s application of findings one and three; and
WHEREAS, The City Council found that finding one, the intent and purpose of the zoning code, was met by the variance because, given the unique circumstances of this property, the variance will improve traffic flow and public safety; and
WHEREAS, The City Council found that finding three, practical difficulties, had been met because of the importance of maintaining high volumes of both employee and customer through separate entrances; and therefore
BE IT RESOLVED, That the Council of the City of Saint Paul, having considered the Appellants application and all the reports, records, and minutes in this matter including the BZA staff report, hereby grants Applicant’s zoning variance application; and
BE IT FURTHER RESOLVED, That the Council, in support of its decision, hereby adopts as its own and hereby incorporates by reference, the staff’s recommendation as set forth in staff report dated July 31, 2026; and
BE IT FINALLY RESOLVED, That the City Clerk provide a copy of this memorialization resolution to Applicant, Kris Thielen, the Zoning Administrator, and the BZA.