Title
Memorializing the decision to deny the appeal of George Hark, d/b/a M & A Hark, Inc. from a decision of the Board of Zoning Appeals denying a variance from the zoning code's separation requirements for tobacco product shops for property at 589 Dale Street North.
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WHEREAS, on October 15, 2018, George Hark, d/b/a M & A Hark, Inc. (“Applicant”), duly applied to the Board of Zoning Appeals (“BZA”) in BZA File No. 18-113695 for a variance from the strict application of the zoning code’s separation requirements for tobacco product shops in order to open a tobacco products shop at property commonly known as 589 Dale Street North (PIN No. 352923140242) and legally described as Chute Brothers Division, No. 3 Addition, Lots 1 thru Lot 5 in the City of Saint Paul, Ramsey County, Minnesota; and
WHEREAS, the Applicant’s proposed tobacco products shop would be 2,311 feet from an existing tobacco products shop. The zoning code requires 2,640 feet of separation between tobacco products shop. Based upon the distance between the existing shop and Applicant’s proposed shop, the Applicant requested a variance of 329 feet; and
WHEREAS, on November 5, 2018, the BZA, in accordance with Legislative Code § 61.601, duly conducted a public hearing on the Applicant’s variance request where all present were afforded an opportunity to be heard; and
WHEREAS, at the said public hearing the BZA received a staff report dated October 29, 2018 which contained a recommendation to deny Applicant’s variance request together with testimony from the Applicant and others who spoke for or against the variance, 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, duly moved to deny Applicant’s variance request based upon the following reasons as set forth in BZA Resolution No. 18-113695, which is also incorporated herein by reference and which reads...
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