Title
Authorizing the Department of Safety and Inspections (“DSI”) to enter into a Settlement Agreement with Ali Alfureedy on behalf of Maryland Tobacco Inc., d/b/a Maryland Tobacco (“Licensee”).
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WHEREAS, Licensee holds a Cigarette/Tobacco Product Shop license (#20180003636) for the premises located at 444 Maryland Avenue West in Saint Paul (“Licensed Premises”); and
WHEREAS, on November 9, 2020, The City Attorney’s Office and the Department of Safety and Inspections learned that a zoning issue needed to be investigated; and
WHEREAS, on January 15, 2021, a Notice of Violation illustrates that DSI examined the licensed premises of 444 Maryland Avenue West and determined that the Cigarette/Tobacco Product Shop license was issued in error based on an errant zoning determination; and
WHEREAS, on January 15, 2021, a Notice of Violation letter illustrates the DSI zoning administrator determined that the Licensee’s shop is within a B1 zoning district, the Saint Paul Legislative Code strictly prohibits Tobacco Product Shops within the B1 zoning district. It was also made clear in the Notice of Violation letter that the current use is not permitted in the space; and
WHEREAS, on March 4, 2021, Licensee drafted a letter to request for continuance of the public hearing before the zoning committee; and
WHEREAS, on March 25, 2021, Licensee applied for rezoning of the licensed premises from a B1 zoning district to a T2 zoning district; and
WHEREAS, on April 22, 2021, the zoning committee approved of the rezoning from B1 to T2 for 444 Maryland Avenue West, allowing DSI to impose conditions on the license; and
WHEREAS, on June 16, 2021, a Notice of Violation letter indicated the proposed rezoning failed and 444 Maryland Tobacco Product Shop had to cease use; and
WHEREAS, there has been a longstanding litigation of this zoning issue, dating back to Saint Paul City Council denying the rezoning from B1 to T2 and even through the District Court, Minnesot...
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