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Council grants neighborhood appeal, denies reestablishment of nonconforming use at 237 Richmond Street
Summary
The council granted an appeal of the Planning Commission’s approval to reestablish a nonconforming construction/workshop use at 237 Richmond Street, voting 5-2 to deny the permit reestablishment and send the matter back to the applicant.
The St. Paul City Council voted 5-2 to grant the appeal filed against a Planning Commission decision that had approved the reestablishment of a nonconforming use at 237 Richmond Street.
Neighbors and appellants told the council the property, formerly used as an auto repair shop, had shifted to a construction contractor’s storage and staging yard that they said was not comparable to the prior legal nonconforming use and created noise, traffic and nuisance conditions. The appellant, who identified himself as a long-time neighbor, described repeated disturbances, early-morning activity and concerns about debris and public-health risks; he said the permitted use should not be reestablished.
The property owner, Abel Priego Burgos, addressed the council, explained family circumstances after purchasing the site and said he had not intended to violate rules; he said he would comply with appropriate permits and work to be a good neighbor.
Planning staff summarized the site history: the property had been a longstanding auto repair shop that lost legal nonconforming status after an auto repair license expired in 2023; the owner later applied for reestablishment of a nonconforming use, and the Planning Commission approved the permit with conditions on April 4. Neighbors and district groups had argued the proposed use was not appropriately neighborhood-serving or compatible with the T1 residential context.
Council discussion and vote
A council member who reviewed the record concluded the Planning Commission erred by focusing primarily on intensity and nuisance-mitigation rather than whether the proposed use was appropriate for a neighborhood node and consistent with the comprehensive plan. That member moved to grant the appeal; roll call recorded 5 votes in favor and 2 opposed. The clerk recorded the vote: Yang—Aye; Bowie—Yes; Joest—Yes; Kim—Yes; Council President Naker—Aye; with Perbatsky and Johnson recorded as opposed. The motion to grant the appeal (which denies the reestablishment of the nonconforming use permit) passed 5–2.
Next steps
The council’s action reverses the Planning Commission approval and denies reestablishment of the nonconforming use. The applicant may revise the application, seek a different zoning approach, or pursue other remedies available under city code.
Ending
Neighbors said they hoped the council’s decision would preserve neighborhood character; the owner expressed regret for community disruption and was asked to follow the city’s permitting process going forward.
