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Approving adverse action against the Auto Body Repair/Painting Shop and Second Hand Dealer-Motor Vehicle license applications submitted by PET Enterprise LLC d/b/a Sandstone Auto Sales LLC (License ID# 20220000214) for the premises located at 786 Robert Street South.
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WHEREAS, the Auto Body Repair/Painting Shop and Second Hand Dealer-Motor Vehicle license applications submitted by PET Enterprise LLC d/b/a Sandstone Auto Sales LLC (License ID# 20220000214) for the premises located at 786 Robert Street South in Saint Paul were the subject of a Notice of Intent to Deny License (“Notice”) dated November 21, 2023; and
WHEREAS, the Notice stated that on February 14, 2022, Applicant applied for two types of licenses, a Secondhand Dealer - Motor Vehicle license and a Body repair/painting shop- Motor Vehicle license; and
WHEREAS, on February 23, 2022, DSI sent Applicant a letter acknowledging receipt of the application. The letter also included notice that DSI received a complaint involving the parking of vehicles. A DSI inspector drove to the site to investigate the complaint. The inspector observed vehicles obstructing the sidewalk, cars parked in such a way that they appeared to have been driven over the curb to access the property, and vehicles with missing body parts and/or inoperable. The letter ordered the removal of the unlawfully parked cars by March 5, 2022, and warned that failure to abide by the order “may subject [Applicant’s] application to adverse action that could impact [his] ability to obtain a license”; and
WHEREAS, on March 3, 2022, DSI received notice of Applicant’s withdrawal of his application for a Secondhand Dealer - Motor Vehicle license. Also on that day, DSI Inspector, Farhan Omar told Applicant that the site plan that he submitted was insufficiently detailed and further review of Applicant’s application for a Body repair/painting shop- Motor Vehicle license could not continue until a more detailed plan was submitted; and
WHEREAS, on March 8, 2022, DSI received a revised parking site/striping plan; and
WHEREAS, on April 11, 2022, DSI employee Michael Wade, from the Department of Planning and Economic Development (PED) advised Applicant that his application for a license could not be approved without first obtaining approval of the parking site/striping plan from the zoning division; and
WHEREAS, on May 6, 2022, DSI received a complaint regarding the auto repair shop parking cars on the street and working outside. This was closed after an inspection on September 6, 2022. The inspector noted he did not observe vehicles parked on the street related to the auto repair business; and
WHEREAS, on May 11, 2022, DSI received a complaint regarding car parts and tires near the alley. On May 11, 2022, DSI sent a Summary Abatement Order to remove the debris. This was closed on April 25, 2022, as abated; and
WHEREAS, on July 26, 2023, DSI received a complaint of the auto body repair shop parking vehicles on the sidewalk and parking outside; and
WHEREAS, on August 9, 2022, DSI mailed Applicant a letter advising him that he must have his parking site/striping plan approved before Applicant’s license could be issued. Enclosed with the letter was a notice of conditions that would be placed on the license if it were granted. Applicant was asked to return a signed copy of the conditions to DSI; and
WHEREAS, on September 15, 2022, DSI Inspector Omar, met Applicant on site to conduct an inspection. During the inspection, Inspector Omar, reminded Applicant that a license could not be issued without first obtaining zoning approval of Applicant’s proposed parking site/striping plan; and
WHEREAS, on September 20, 2022, DSI discussed Applicant’s pending application; and
WHEREAS, on September 21, 2022, DSI mailed Applicant a letter and sent an e-mail to update Applicant on the status of the license application. The letter informed Applicant that DSI had not received an approval from DSI Zoning Division regarding Applicant’s proposed parking site/striping plan and had not received a response to the proposed license conditions. The letter requested that these documents be submitted to DSI no later than October 7, 2022; and
WHEREAS, on September 22, 2022, DSI Licensing Manager Eric Hudak went to 786 Robert Street and hand delivered a copy of the September 21, 2022, letter. Mr. Hudak reminded Applicant that if DSI did not receive approval from DSI Zoning of the proposed parking site plan/striping plan by the October 7, 2022, deadline, DSI would recommend denial of the license; and
WEHREAS, on October 5, 2022, Mr. Hudak granted Applicant’s request for an extension of the deadline to submit an approved parking site/striping plan and acknowledgement of license conditions; and
WHEREAS, on October 13, 2022, DSI received a revised parking site plan/striping plan and a signed copy of the license conditions. DSI Inspector, Omar, reviewed the revised parking site/ striping plan, and sent Applicant an email to inform him that the site plan could not be approved because it did not meet the Zoning requirements.
WHEREAS, on October 18, 2022, DSI received a signed copy of the license conditions. However, Applicant had crossed out item six and wrote that he objected to the condition because “sometimes you cannot perform autobody work without perform [sic] auto repair work”; and
WHEREAS, on December 20, 2022, DSI Inspector, Allen Vang, conducted a site inspection at 786 Robert Street. While there he observed and took photographs of the property. He observed parked cars obstructing the sidewalk, miscellaneous motor vehicle parts, trash cans and discarded items leaning against the exterior wall of the building, an overflowing dumpster with exposed trash, and several inoperable vehicles; and
WHEREAS, on December 21, 2022, Applicant’s application was sent to the Zoning department for necessary action. There was no active license, and disabled vehicles were observed on the premises (motor vehicle salvage is not permitted in RT1 zone). No approved site plan was in place; and
WHEREAS, on January 11, 2023, Inspector Allan Vang conducted an inspection. The business was found to be fully operational, with multiple vehicles parked in front of three bay doors. One vehicle (Toyota Rav4) extended into the public right-of-way. Attempts to contact the owner, Mr. Patrick, were unsuccessful. The inspector instructed an employee to move the Rav4 out of the right-of-way, which was complied with; and
WHEREAS, on February 1, 2023, a complaint was received regarding Applicant’s snow walk. It was closed due to new snowfall; and
WHEREAS, on April 6, 2023, a complaint was received regarding excessive cars on the lot and parking on the street; and
WHEREAS, on April 11, 2023, a complaint was received regarding overflowing trash cans at the business; and
WHEREAS, on April 19, 2023, a complaint was received regarding trash and debris located outside around the property, as well as cars from the shop parked on the public street without proper tabs or tags. A DSI inspector responded to the complaint and observed multiple nuisance conditions in violation of SPLC Ch. 45. A summary abatement order was sent to each address of file with DSI, ordering that the improperly stored and accumulated refuse be removed no later than April 26, 2022. On April 28, 2023, DSI Inspector Westenhofer noted that there was no attempt to have piled up vehicle parts removed from the property and issued a work order; and
WHEREAS, on April 21, 2023, a complaint was received regarding an automobile parked on the public street, impeding the right-of-way and driveways; and
WHEREAS, on April 24, 2023, DSI received a complaint that customers and employees were parking in the street, as the parking lot was full, and vehicles were blocking the sidewalk. An inspector responded on April 25, 2023, and found that Applicant was in violation of the pending autobody repair/painting application - “excessive cars on the lot and public street. Doing auto body/painting & mechanical repair outside”; and
WHEREAS, on April 28, 2023, a reinspection showed that no attempt had made to abate the nuisance conditions. A work order was sent, and the City removed the refuse. On May 11, 2022, a bill for the work order was mailed to the parties listed on the application; and
WHEREAS, on July 20, 2023, a second summary abatement order was issued for the removal of improperly stored or accumulated refuse, including a mattress, cardboard, and other debris from the rear of the property. These items were observed and photographed during an inspection of July 9, 2023. Compliance was required by July 27, 2023; and
WHEREAS, on July 28, 2023, DSI received a complaint that there was working without permits and working on vehicles outside and excessive vehicles on the property; and
WHEREAS, on August 9, 2023, DSI Inspector, Allen Vang, conducted another site inspection at 786 Robert Street. While there he observed and took photographs of the property. He observed parked cars obstructing the sidewalk, miscellaneous motor vehicle parts, trash cans and discarded items leaning against the exterior wall of the building, an overflowing dumpster with exposed trash, and several inoperable vehicles; and
WHEREAS, based on DSI Inspectors’ observations made while the application was pending DSI recommended that Applicant’s license applications be denied; and
WHEREAS, the Notice gave the applicant until December 4, 2023, to either: 1) request a hearing before City Council; 2) request an administrative hearing or 3) complete and return the Request to Withdraw/Request for Refund form; and
WHEREAS, the applicant failed to respond to the Notice by December 4, 2023 to: 1) request a hearing before City Council; 2) request an administrative hearing or 3) complete and return the Request to Withdraw/Request for Refund form; and
WHEREAS, the Notice stated that if the applicant failed to respond to the Notice by December 4, 2023, that the matter would be placed on the City Council Consent Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Auto Body Repair/Painting Shop and Second Hand Dealer-Motor Vehicle license applications submitted by PET Enterprise LLC d/b/a Sandstone Auto Sales LLC (License ID# 20220000214) for the premises located at 786 Robert Street South in Saint Paul are hereby denied.