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Memorializing the City Council's decision to deny an appeal by the Dayton's Bluff Community Council of a decision by the Planning Commission granting a change of nonconforming use permit for property located at 937 East 3rd Street.
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WHEREAS, Syed Mahmood (“Applicant”), in PED Zoning File No. 17-073754 and pursuant to Leg. Code §§ 62.109(c) and 65.535, duly applied for a change of nonconforming use permit for property commonly known as 937 3rd St. E., [PIN No. 332922230071] and legally described as Lot 13, Block 89 of Adam Gotzian’s Sub. of Block 89, Lyman Dayton Addition for the purpose of changing the use from a bar to tobacco shop; and
WHEREAS, on September 14, 2017, the Zoning Committee of the Saint Paul Planning Commission (“Commission”), pursuant to Leg. Code § 61.303, duly conducted a public hearing on the Applicant’s request at which all persons present were given an opportunity to be heard and, at the close of the hearing and upon discussion and deliberation, the Zoning Committee, on a 5-0 voice vote, moved to recommend that the commission approve change of nonconforming use permit; and
WHEREAS, on September 22, 2017, the Commission, based upon all the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in all the files and minutes for the matter, duly moved on a 13-0 voice vote approve the change of nonconforming use permit based upon the following findings of fact as set forth in Planning Commission Resolution No. 17-61 which is incorporated herein by reference:
“1. The application requests a change of nonconforming use to permit a tobacco shop use. The applicant plans to have the business open seven days a week from 9:00 a.m. to 9:00 p.m., with two full-time employees and one part-time employee.
2. Section 62.109(c) states: The planning commission may allow a nonconforming use to change to another use permitted in the district in which the existing nonconforming use is first allowed, or a use...
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