PCAgenda_95May22 - Laserfiche WebLink

Home Browse Search

,~-~~ -~~ • CITY OF FALCON HEIGHTS -~~ PLANNING COMMISSION ITEM: Public Hearing regarding the addition of the definition of "sidewalk sale" to the zoning code (hearing to begin not before 7:15 p.m.) SUBMITTED BY: Carla Asleson, Planner REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Chapter 9-10.01 subd. 5 (dl of the zoning code prohibits the outdoor sale of merchandise in a B - 3 zone, except for "twice a year for three days at a time as a sidewalk sale". This language is incorporated into the zoning code in order to prevent the outdoor sale of merchandise that is independent and unrelated to the abutting business. For example, under the code, Dino's Gyros can sell gyros and soda outdoors but could not sell flowers. The intent of the code is to prevent public safety hazards on very busy intersections and uncontrolled business in the city's spatially restricted commercial areas. Staff has had little difficulty with compliance thus far. What is missing in the current code is an actual definition of the term "sidewalk sale". Staff is recommending that the following definition be added to the zoning code to prevent future misunderstandings in interpretation: • Sale -Sidewalk. The selling of goods by a business proprietor just outside of the public customer entrance of the proprietor's business where the merchandise sold outside is similar to what is ordinarily sold inside the abutting business and the sales are managed and operated by the abutting business proprietor. This definition would clarify that: • The merchandise sold must be similar to what is sold inside the business. • The sidewalk sale must be conducted by the proprietor of the business, which would prevent the owners of a shopping center or individual proprietors from leasing sidewalk sale space to a vendor other their existing businesses. • A business could not operate a sale in an adjoining parking lot or open area, except for the limited sale of their own merchandise when the business' customer entrance abuts such an area. ACTION REQUESTED 1. Staff report 2. Questions of the staff 3. Conduct public hearing 4. Discussion and determination of final wording 5. Motion to recommend approval of the definition of the term "sidewalk sale" to the zoning code