Title
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.
Body
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
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