Board of Adjustment City of St. Louis Room 400, City Hall 1200 Market Street Saint Louis, Missouri 63103 RE: Board of Adjustment Appeal #10576 BPS121112/A0516365-14 3500 Lemp Proceedings On May 20, 2018, the Board of Adjustment of the City of St. Louis heard Appeal No. 10576, pursuant to Section 26.84.040 of the Zoning Code, conceming the Board of Public Service's determination to approve a conditional use permit authorizing St. Louis ‘Swap Meet C/O Martin Casas to occupy 3500 Lemp as an open air market. Appellant, Cherokee Antique Row Merchant's Association, appealed the Board of Public Service's decision on the grounds that the use would be detrimental to the public health, safety, morals and general welfare of the surrounding properties, that it would cause serious injury to the neighboring property by reducing and impairing property values, that it would not be compatible with the surrounding uses and would have a negative impact on adjacent uses and community facilities, Board Members John Albert, Irene Soll, Sallie Burke, Mona Parsley and Joe Klitzing were present for this Appeal. Debra Batey testified in favor of this Appeal. Shirley Wallace testified in favor of this Appeal Martin Casas, owner of St. Louis Swap Meet testified in opposition of this Appeal Dan Hunter testified in opposition of this Appeal. Jason Deem testified in opposition of this Appeal. Jeff Vines testified in opposition of this Appeal. David Godbogot testified in opposition of this Appeal. The Building Commissioner was represented by Terrill Elland, Zoning Plan Examiner. Findings of Fact ‘The Board of Adjustment hereby makes the following findings of fact:Page 2 Appeal #10576 3600 Lemp 1. The following exhibits were accepted into evidence: A certified copy of the Zoning Code, Ordinance 59979, with amendments, was introduced as Exhibit A. Appeal to the Board, Basis for Denial, Meeting Notice Letter, City Journal Public Notices, Photographs and Sanborn Map(s) were introduced as Exhibits B - G. An email requesting a continuance was introduced as Exhibit H. A file from the Board of Public Service, with its decision, was introduced as Exhibit |. A letter of support for St. Louis Swap Meet from Alderman Kenneth Ortmann was introduced as Exhibit J, A letter of support for St. Louis Swap Meet from Alex Carlson was introduced as Exhibit K. A letter of support for St. Louis Swap Meet from Pam Lanning was introduced as Exhibit L. A letter of support for St. Louis ‘Swap Meet from Barbara Nelson was introduced as Exhibit M. A letter of Support for St. Louis Swap Meet from Greg Toumayan was introduced as Exhibit N. A letter of support for St. Louis Swap Meet from Melissa ‘Andrew was introduced as Exhibit O. A letter from Martin Casas was introduced as Exhibit P. A letter from Mark Overton was introduced as Exhibit Q. 2. The subject property, known and numbered as 3500 Lemp, is in City Block #1540, 3. The applicable zoning designation is *H” — Area Commercial District. 4. On March 23, 2015, via email, from Mark Overton, President of Cherokee Antique Row Merchant's Association requested a continuance of the hearing. 5. Debra Batey and Shirley Wallace testified that after speaking with various vendors on the sireet, the majority of merchants were against having the Lemp zoned for a flea market type of retail, They stated that all of the vendors felt that it was unfair to grant a zoning variance and license toa business that would bring in unlicensed vendors who could simply rent tables to sell their wares while the brick and mortar stores on the street Pay license fees, eaming taxes, sales taxes, personal property taxes, rent, utilities and all the other things that support the city and anchor the adjacent neighborhoods. They stated that they want to make sure that the vendors are licensed and that they pay their taxes. They also felt that this flea market would cause serious injury to the neighboring property by reducing and impairing property values, that it would not be compatible with surrounding uses and would have a negative impact on adjacent uses and community facilities. They stated that the Cherokee AntiquePage 3 Appeal #10576 3500 Lemp Row Merchant's Association is strongly opposed to St. Louis Swap Meet remaining in their neighborhood and, therefore, requests that the decision of granting the occupancy permit be reversed. The Board heard additional testimony from Martin Casas of St. Louis ‘Swap Meet. Mr. Casas testified that the market is set up inside the Old Lemp Brewery complex where there is ample parking and that on the Market will only operate on Sundays from March to December. He stated that the hours will be from 9:00 A.M. until 4:00 P.M. He stated that his mission is to grow small businesses by giving them a place to sell their goods and meet their customers. He stated that the market should bring more shoppers to the area. He stated that all individual vendors will hold a valid City business license and that he will make it clear to vendors that they are required to collect sales per the St. Louis City sales tax rate. He stated that restroom accommodations are provided and that he holds the Proper liability insurance. He testified that he is excited fo have the ‘support of the Antique Row Business Association and looks forward to a long and profitable relationship. The Board found his testimony to be credible. The Board also heard additional testimony from Dan Hunter, Jason Deem, Jeff Vines and David Godbogot. These individuals testified that the new St. Louis Swap Meet at Lemp Brewery gives them hope that this blighted area is on the rise. They stated that there were pleased to see thousands of people filing the sparsely-used Lemp compiex and spending their time and money in the neighborhood. They testified that they believe that the market should help to raise property values and strengthen the area. They stated that the Swap Meet is an opportunity to bring life and revenue to a neglected area of St. Louis and an opportunity to improve their community. They would like the Swap Meet to be allowed to continue operating in this area. The Board found their testimony to be credible. Conclusions of Law and Order ‘The Board of Adjustment concludes that the decision of the Board of Public Service to grant the conditional use permit was supported by substantial and competent evidence and that the additional evidence heard by this Board supported the finding that the use will not be detrimental to the public health, safety, morals or general Welfare; that the use will not cause serious injury to the neighboring property by hindering or reducing or impairing property values; that the use will contribute to, enhance and promote the general welfare and convenience of the specific location; the use will complement or be compatible with the surrounding uses and will not have aPage 4 Appeal #10576 3600 Lemp negative impact on adjacent uses or community facilities; and the use in all other respects, conforms to the applicable zoning regulations. The Board, therefore, upholds the decision of the Board of Public Service to issue a conditional use permit at this time, The above motion, made by Joe Klitzing and seconded Mona Parsley, was passed by a unanimous vate of the Board Notice Please note that any person or persons jointly aggrieved by any decision of the Board of Adjustment or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the City a petition, duly verified that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision of the Board as provided by Section 89.110 of the Revised Statutes of Missouri Further, be advised that Sections 26.100.030 and 26,100,040 of the Revised Code of the City of St. Louis provide for authorization to revoke conditional use permits and variances to the Zoning Code if any use is made of the building, structure or premises which constitutes an enlargement, alteration, or extension of the permitied use for which a conditional use of a varianoe has been granted or if the applicant or use fails to comply with conditions imposed when a conditional use or variance is granted. By Order of the Board of Adjustment Aad eee LaDonna Foster Secretary cc: Alderman Kenneth Orfmann, Neighborhood Stabilization Officer Zoning Plan Examiners Building Inspection Cultural Resources Mary Hart Burton, Zoning Administrator Don Ros, POA Building Permit Section Business Assistance Center License Collector