Agenda - Planning Commission - 11/01/2007

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Zoning Bulletin Conditional Use Permit---:City revokes food vendor's license for failure to obtain permit Vendor claims city based revocation on improperly considered state law Citation: Ponce v. City of St. Paul, 2007 WL 2769677 (Minn. Ct. App. 2007) MINNESOTA (09/25/07)-Ponce. obtained a mobile food vehicle li- cense from the city of Saint Paul. Ponce used the trailer to sell food at special events around the city, but he ultimately intended to open a res- taurant on property that he owned. However, when the building on the propertY was destroyed by a fire, Ponce decided park the trailer on the vacant lot and sell food from there until he could afford to construct a new building. Eventually, the city notified Ponce that he had to obtain a conditional use permit to operate an outdoor commercial business from a fixed lo- cation. Ponce applied for and received a two-year conditional use permit from the city planning commission. For the next. two years, Ponce oper- ated the business within the conditions of the permit, but, when permit was set to expire, the city told Ponce that he must apply for a new permit or remove the trailer from the premises. Ponce applied for a new permit, and, while reviewing the application, the city's licensing department learned of a state law that it interpreted as prohibiting "mobile food units" from being located in the same location for more than 21 days. Because it believed that issuing a conditional use permit allowing Ponce to keep the trailer In a fixed location for more than 21 days would conflict with state law, the licensing department told Ponce that it would recommend to the planning commission that his application be denied. The department further told Ponce tp.at he should withdraw his . application so that he would be entitled to a refund of the application fee, Ponce withdrew the application to avoid losing the application fee, but continued to operate his business from the trailer on the lot. Subsequently, the zoning inspector sent Ponce a final enforcement notice demanding that he remove his trailer from the lot. When Ponce did not comply with the in- spector's order by the required date, the licensing department told him that it had recommended revocation of his mobile food vehicle license because he was operating without a conditional use permit. Ponce appealed the license revocation, but an administrative law judge upheld the department's decision'. The administrative judge stated that the reason for the decision was that operating a business from a trailer on pri- vate property violated a city zoning law that prohibited outdoor commer- cial businesses from operating without a conditional use permit.. The city council upheld the administrative judge's decision, and, while it discussed at length the 21-day requirement in the state law, it affirmed the basis of the denial was Ponce's violation of the zoning regulation requiring a con- ditional use permit to operate his business from the trailer. 4 90 ') )