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HomeMy WebLinkAboutPCAgenda_93Apr26PLANNING COMMISSION AGENDA April 26, 1993 7:30 ROLL CALL: Kay Andrews Lee Barry Len Boche Steve Huso Paul Kuettel Lisa Lampi Ken Salzberg 1. CALL TO ORDER 2. APPROVAL OF MINUTES Approval of March 22, 1993 minutes 3. CITY COUNCIL MINUTES 4. Public Hearing on the proposed deletion of s9-2.15{304}(e) of the zoning code relating to building permit fees. 5. Public Hearing on proposed changes to §9-13.03{11} of the zoning code relating to 'displays not constituting signs'. 6. Update on the commercial zoning study and the current development moratorium on the city's commercial zones. 7. ANNOUNCEMENTS/INFORMATION 8. ADJOURN • MINUTES REGULAR PLANNING COMMISSION MEETING March 22, 1993 7:30 p.m. _ PRESENT ABSENT ALSO PRESENT Kay Andrews Paul Kuettel Paul Ciernia, Council Liaison Lee Barry Susan Hoyt, Administrator/ Len Boche Planner Steve Huso Lisa Lampi Ken Salzberg Meeting was called to order at 7:32 p.m. by Lee Barry, Chair. APPROVAL OF MINUTES Minutes of the January 25, 1993 and February 22, 1993 planning commission meetings were approved as written. REQUEST FOR A VARIANCE__IN ~9-2.01 OF THE ZONING CODE FOR FENCE HEIGHT Hoyt explained to the commission that Mr. and Mrs. King requested a variance of two feet in the maximum fence height allowed in the rear and side yards of their residential property at 1427 West. Idaho.. This variance was requested because the garage to their west at 1433 West Idaho was large and, therefore, replacing their current five foot fence with an eight foot fence was desirable to further obstruct the view of the garage. The request was for a variance in all side and rear yard fences for consistency on their property. .The city's code allows a six foot high fence. The intent of restricting fences to this height is to avoid a tunnel effect between properties and to keep some consistent open space. Hoyt reported two variances in fence height had been granted in the past four years. .One was granted due to proximity to commercial uses and one for a wall along a raised deck that was 12 feet, from a neighbor's bedroom window. Salzberg made a motion to deny the request, Lampi seconded the motion and motion passed unanimously. The reason was that it did not meet requirement 9-15.03, Subd. 4, Part g. which states that there must be something unique to this particular property or a particular hardship incurred through the enforcement of this section of the code. The following reasons were discussed as part of the denial: - that an eight foot high fence would not necessarily . reduce .visibility of the garage more than a six foot fence, particularly since the garage height meets the Page 2 Planning Commission Minutes March 22, 1993 zoning code and would have been constructed under all garage sizes; - that landscaping would be a desirable alternative to a .fence for any desired screening (the code does not restrict landscaping); - that trying to correct a difficult situation by approving a variance, that would not otherwise be granted, was not an appropriate way to satisfy a property owner when the request did not meet the conditions for granting a variance. PROPOSED CLARIFICATIONS TO THE SIGN ORDINANCE TO ADDRESS TEMPORARY COMMERCIAL SIGNS AND DISPLAYS NOT CONSTITUTING SIGNS Hoyt explained to the commission that from time to time the city gets requests for temporary commercial signs and "displays not constituting signs", usually inflated balloons. The city's sign • code does not clearly identify when and how these should be permitted. Recommendation i,s that the zoning code be changed to read that banners, pennants, whirling devices, balloons, animal displays, pieces of sculpture, fountains, lights, or other displays or features which direct attention to an object, product, place, activity, person, institution, business are not permitted in any zone except in a business zone for business grand openings or special civic events. The length of time these should be allowed to be on display was suggested at 3 to 5 days. After discussion, Barry scheduled a public hearing on the proposed change in the zoning code for "displays not constituting signs" (not temporary signs) to be held April 26,.1993. PROPOSED DELETION OF SECTION 9-2 15 [3041(e) OF THE ZONING CODE RELATING TO BUILDING PERMIT FEES The zoning code includes a provision for allocating building permit fees which is no longer applicable. (a) It allocates 25~ of the plan check fee to the building official. The city currently contracts with the building official for a set rate ($500/month) which is a consistent, cost-effective way to fund this position. (b) it provides for reimbursement to the fire department budget for any plan reviews that it does. The fire marshal is a full-time city employee. The time- spent on any plan reviews is a cost incurred by the city and covered through salary expenditures. After a short. discussion, Barry scheduled a public hearing on the • proposed change in the zoning code to be held April 26, 1993. Page 3 Planning Commission Minutes March 22, 1993 UPDATE ON COMMERCIAL ZONING CODE REVISIONS Hoyt reported that Mr. Hoisington, planning consultant, submitted another draft of the zoning code and city attorney, Bachman, is presently reviewing it. Meeting adjourned at 8:45 P.M. Patricia Phillips, Secretary • • . ~ ~ rr MINUTES REGULAR CITY COUNCIL MEETING • MARCH 24, 1993 Baldwin convened the meeting at 7:00 p.m. ALL MEMBERS PRESENT Baldwin, Cierni.a, Gehrz, Gibson Talbot and Jacobs. Also present were Bachman, Chenoweth and Hoyt. MINUTES OF 3/10/93 APPROVED Council approved the Minutes of March 10, 1993, as corrected, by unanimous consent. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General Disbursements through 3/15/93, $99,338.00 b. Payroll, 3/1/93 -3/15/93, $$11,374.83 2. Authorizing purchase of two printers (Hewlett Packard Deskjet 500 and Okidata 321) at a total cost of $881.82 and a H/P 310 Inkjet plain paper FAX at a cost of $1,349.18 3. Approval of new ambulance rates 4. Proclaiming May as Arbor Month. and May 18,.1993 as Arbor Day in Falcon Heights Denial of variance request from Mr. and Mrs. Ray King, 1427 W Idaho, to construct an eight foot fence in their rear yard. 6. License #2004, Twin City Tree Service PRESENTATION OF FIRE DEPARTMENT BLOODBORNE PATHOGEN POLICY Rescue Captain Ross Berndt who was instrumental in drafting the policy explained that the policy is mandated by OSHA. He briefly reviewed the laws governing the need for the policy and how it is being implemented in Falcon Heights. He indicated the city's Fire/Rescue Department has followed basically the same procedure in the. past and implementing the program would not be a problem. APPROVAL OF 1993 OPEN SUMMER RECREATION PROGRAM AS A PILOT PROGRAM Parks and Recreation Director Carol Kriegler explained that an open type program had been held at Curtiss Field in the. summer of 1992 and was well received. The Park and Recreation Commission is now proposing a new summer program based on an "open play" MINUTES • MARCH 24, 1993 PAGE 2 ~ 4~ concept. The program would be held from 1:00 to 3:00 p.m., Monday through Thursday for seven weeks. The Commission felt that this type of program would provide for supervised but non- competitive play where children can come on a drop-in basis. Council agreed with the concept, however had a lengthy discussion relating to funding alternatives, such as a fee for service charge, no charge, or possibly providing an opportunity for voluntary donations. Following this discussion Gehrz moved endorsement of the concept of staffing the Community Park and Curtiss Field Park for 2 hours per day for up to 7 weeks during the summer of 1993 at a cost of apprxomately $1,600.00 with no direct charge for service this year with the condition that opportunities be provided for volunteer contributions, and with the understanding that an acceptable method of funding will be established if the program is to be continued in the future. Motion carried unanimously. ADMINISTRATOR TO DISCUSS FINANCING TERMS WITH CITY OF LAUDERDALE FOR LAUDERDALE'S SHARE OF 1993 STREET PROJECT COSTS Hoyt explained that she and the city engineer have met with Lauderdale officials regarding that city's share of the cost of the reconstruction of Fulham Street. Since Lauderdale has not • budgeted for the estimated cost of $26,050.00, it is being recommended that the city administrators meet to determine a way in which Lauderdale might pay for the project without a lump sum payment in 1993. After a brief discussion Council authorized the administrator to meet with the Lauderdale administrator to develop financing terms for the Lauderdale share of costs for the 1993 street project. PROPOSED ORDINANCE ESTABLISHNG A DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONING DISTRICTS Hoyt presented the proposed ordinance which would freeze the ~- city's commercial zoning districts as they now are to facilitate continuation of the study of the city's commercial zoning codes. The study, which has been in progress since October of 1992 is being conducted by the city's planning commission and the Hoisington Group, Inc. Attorney Bachman informed Council that it is very typical to implement this type of freeze until the study is completed, and that such action is in compliance with state statute. Jacobs moved adoption of Ordinance 0-93-O1 which carried unanimously. ORDINANCE 0-93-01 AN INTERIM ORDINANCE ESTABLISHING A DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONING PROVISIONS, AMENDING CH. 5,PART 15 OF THE EXISTING CITY CODE AND CH. 5, SECTION 5 • OF THE PROPOSED CITY CODE -} ~ A'p [`Fp jw MINUTES • MARCH 24, 1993 PAGE 3 PROPOSED RECODIFICATION OF CITY CODE APPROVED Baldwin presented for council consideration the proposed recodification of the city code which represents an updated and revised edition of the municipal code which was adopted December 24, 1984. Attorney Bachman stressed that only Chapters 1 through 8 of the code have been included in this revision and Chapter 9, the Zoning section of the code, is not being amended and will remain as is. Following a brief discussion Gibson Talbot moved adoption of Ordinance 0-93-02 which carried unanimously. ORDINANCE 0-93-02 AN ORDINANCE ADOPTING A RECODIFICATION OF ORDINANCES TO BE KNOWN AS THE FALCON HEIGHTS CITY CODE ADJOURNMENT ~e meeting was adjourned at 8:14 p.m. Tom Baldwin, Mayor ATTEST: Shirley Che oweth, City Clerk Agenda item 4 • 4/26/93 ITEM: Public hearing on the proposed deletion of section 9- 2.15 {304} (e) of the zoning code relating to building permit fees. SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: 304(eL Allocation of Building Permit Fees. The Building Inspector shall be paid as his fee for services rendered 25 percent of any plan checking fee. The Fire Department shall be reimbursed for all actual time involved with plan checking not to exceed 25 percent of any plan checking fee.. Any portion of the 25 percent not expended by the Fire Department shall be credited to the Fire Department Capital Improvement Fund. The remaining portion of the permit/plan check fees shall be retained by the city. This section of the zoning code no longer accurately reflects how the building official is paid. The current arrangement is to pay • the building official a set rate of $500 a month rather than a fee related to individual building permit charges. The fire department covers its costs out of the general fund budget. All revenues received for this work go into the general fund budget. There is no need to assign specific revenue to the fire department. ACTION REQUESTED: 1. Hold public hearing. • 2. Adopt deletion of §9-2.15 {304}(e) of the zoning code. Agenda item: S • 4/26/93 ITEM: Public hearing on proposed changes to §9-13.03 {11} of the zoning code relating to 'displays not constituting signs'. SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: At the last commission meeting staff discussed possible problems with temporary signs and 'displays not constituting signs'. After discussion, the commission and staff agreed that temporary signs are not a problem, but that the 'displays not constituting signs' should be more carefully regulated to avoid possible problems during the Fair and prevalence of this form of advertising without much control. During the. fair two years ago a collapsed balloon started a fire behind Bullseye which put out the traffic lights and required substantial emergency vehicle assistance. These displays now require special council approval, which is difficult to arrange given the short notice from business owners. • The proposed changes are consistent with other neighboring suburban cities and allow for a display (balloon) for five days for a grand opening or special civic event. Esistinq: 9-13.03{il} Displays not constituting signs. animal displays, pieces of sculpture, fountains, aerial searchlights or other displays or features which direct attention to an object, product, place, activity, person, institution, organization or business yet not defined herein as such or commonly considered a sign, shall comply requirements of §9-13.03. Proposed: 9-13.03 {11} Displays not constituting signs. Banners, pennants, whirling devices, balloons, animal displays, lights, or other displays or features which direct attention to an object,. product, place, activity, person, institution, business are not permitted in any zone except in a business zone for business grand openings or special civic events. one 'display not constituting a sign ' may be granted to a specific business or shopping center for these events. No more than one 'display not constituting a sign' may be granted for a shopping center or building at one time. On such occasions, a temporary sign permit • for up to five consecutive days may be issued by the city. Page 2 - Agenda item 5 4/26/93 The permit will be granted if the condition that any hazards are addressed and that all requirements in §9-13.01 are met. ACTION REQUESTED: 1. Hold public hearing. 2. Adopt the proposed revisions in the zoning code §9-13.03 {11} • Agenda item: 6 4/26/93 ITEM: Update on the commercial zoning study and the current development moratorium on the city's commercial zones SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: The city's commercial. zoning study is being reviewed by staff including the city attorney, the consulting planner and administrator. The zones. are being carefully reviewed prior to bringing them back to the planning commission. In the interim on March 24, 1993 the city adopted a development moratorium on the commercial zones which restricts new business licenses to businesses that are specifically listed as permitted uses in the commercial zoning code. This. will assure that no new businesses receive licenses that are not clearly in conformance with the resulting commercial plan. Some uses are being carefully .addressed in this study including adult uses, pawn shops, secondhand goods dealers, precious metal dealers and other items. • Staff will update~•you on this. ATTACHMENTS: A. Development moratorium. B. Permitted and conditional uses in C. Firearms store and St. Paul city articles. ACTION REQUESTED: Staff report and discussion. the B - 2 zone. council action news • s~~ ~.,a No. 0-93-1 Date 3/24/93 CITY OF FALCON HEIGHTS ORDINANCE NO. 0-93-1 Amendment to Chapter 5 - Part 15 (existing code) Chapter 5 - Section 5 (proposed code) AN INTERIM ORDINANCE ESTABLISHING A DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONING DISTRICTS Subd. 1 Authority. Pursuant to M.S. §462.355 Subd. 4, the city has the authority to establish interim ordinances to maintain the status quo while the city is conducting studies, has authorized a study to be conducted or has scheduled a public hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. Subd. 2 Findings and t~urpose. In 1991 the city council adopted a comprehensive plan for the city. The Metropolitan Council approved that plan in April, 1992. A recommendation • ~ in the city's comprehensive plan included studying and •revising the city's commercial districts to conform to the plan and address future needs. In October, 1992, the city council contracted with the Hoisington Group, Inc. to carry out a planning study on all the city's commercial zones, to evaluate the appropriate uses in the commercial zones, to evaluate and recommend changes in the commercial zoning designations, to work with the property owners to determine future needs and to make recommendations to the planning commission and city council for revising the commercial zoning code provisions. The Hoisington Group, Inc. and the planning commission are currently working on this task. The city council has concluded that the granting of any permits or development approval, as specifically set forth in subd. 3, could destroy or impair the integrity.. of the planning process and that a development moratorium is necessary to preserve the status quo pending completion of the planning study. It is the intention of the city council to protect the described planning process and the health, safety and welfare of its citizens by adopting an interim ordinance for a reasonable period of time during the time period of the study, planning and implementation activities. • Page 2 Subd. 3. Development restrictions._ No request for re-zoning, conditional use permit, variance, subdivision, building permit, business license, certificate of occupancy, or any other land use approval, affecting property located within the B_1, B-lA, B-2, and E-B zoning districts shall be accepted for processing or considered by the city council except: ' a. building permits maybe issued for interior remodeling of existing uses or any use permitted by paragraph c and d of this subdivision; b. sign permits may be issued for sign changes for existing uses or for uses which are specifically listed as permitted uses in the applicable zoning district.; ;~ ~~. • c. certificates.of occupancy and business licenses may be granted to any new use that is specifically listed as a permitted use in the applicable zoning district; d. applications for .hardship waiver pursuant to Subd. 5. Subd. 4. Applicability. This section shall cover all commercial zoning districts in the City of Falcon Heights. This includes E-B, B-1, B-1 A, and B-2. Subd. 5. Hardship Waiver. The city council may waive the moratorium requirements established herein with the following procedures: a. Any person seeking a hardship waiver shall file an application with the city with a fee of $50.00 plus the applicable fee for the business license and land use permit, if any is required. In addition, the applicant shall cover the costs of all related planning costs of the city's planning cvnsuitant . associated with the waiver. b. A requested hardship waiver shall. be scheduled for a hearing before the city council. c. A requested hardship waiver may be granted by a majority of the council members in attendance. • . ) ..~ d. The council may grant a hardship waiver only if it finds that: 1) the applicant has demonstrated a hardship by showing that the property cannot be put to a reasonable use without the waiver; 2) the waiver will not affect the integrity of the planning process and the purpose for which the ordinance was enacted; 3) the application is consistent with the current status of the planning study; 4) the application is for a use that is a listed permitted or conditional use in the applicable zoning district. e. The council may deny the waiver if it does not meet the criteria in this section or if it determines that its approval will negatively impact the planning study or the future land use and development in the city. Subd. 6 Term. This ordinance shall be effective upon publication and expire 365 days after the effective date or upon completion of the planning study and adoption of related ordinances, whichever is first., --------------------------------------------------------------- f _. Moved by Jacobs Approved by ,...h,•l ~ o Mayor . YEAS NAYS BALDWIN CIERNIA 5 In favor GEHRZ GIBBON TALBOT 0 Against JACOBS Attested Adopted by Council 3j24/93 3/24(93 Date /_,~ by ~ ~ City Clerk. 3/2493 Date ~~ PLAPINING AND DEVELOPMENT 9-10.01 Lot Lot Front Side Rear ~~~ F~7id th Ar_ ea Yard Yard Yard 100' 15,000 sq.ft. 50' 20' 20' Maximum lot coverage by structures or paved .surfaces of any type is 75%. PART 10: "B-2" RETAIL BUSINESS DISTRICT 9-10.01 "B-2", Retail Business District Subdivision 1. Permitted Uses. No structure or land shall be used except for one (1) or more of the following uses: t a. Antique or gift shop. b. Appliance sales and repair. c. Art and school supply store. d. Auto accessory store. e. Bakery goods sales and baking of goods for retail sales on premises. f. Bicycle sales and. repair: g. Book, office supply and stationery store. h. Candy, ice cream and popcorn, nuts, frozen dessert and soft drink shop, but not of the drive in type. i. Camera and photographic supply store. j. Delicatessen. k. Drug store. 1. Dry cleaning and laundry pick-up stations including incidental pressing and repair. m. Dry goods store. n. Furniture store, rugs and floor covering sales. o. Gift or novelty store. p. Grocery, fruit or vegetable store. q. Hardware store. r. Hobby store including handicraft classes not to exceed ten (10) persons. s. Jewelry sales and repair store. t. Laundromat of the self service type. u. Library. v. Meat market, but not including processing for a locker. w. News stand. x. Offices. y. Paint, wallpaper sales. . z. Photographic studio. 58 PLANNING AND aa. Pipe. and tobacco shop. bb. Record shop. cc. Restaurant, cafe, tea room. dd. Shoe sales and repair. ee. Sporting goods stores. ff. Variety store. gg. Wearing apparel shop. hh. Picture framing. ii. Radio, television and electronic equipment supply and repair... jj. Beauty Shop kk. Barber Shop 11. Tanning Studio mm. Video Rental Shop nn. Packaging and office supplies oo. Printing or duplicating services provided that no more than six (6) employees are employed on premises at any one time. pp. Multiple dwellings as permitted and regulated in an _ "R" District.- qq. Business or trade school when conducted. entire within a building. cleanin lant rr. Diaper and hand laundry service, dry g P provided not more than six (6) persons are employed. on-the premises at any one time. ss. Electrical service, heating, plumbing, appliance or air conditioning service shop, provided that no more than six (6) persons are employed in repair or processing. tt. Garden supply store provided it is conducted i entirely within an enclosed structure. uu. Newspaper and publishing office vv. Pet shop provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building or the operating .so as to cause an offensive odor or noise. ww. Photographic supplies and processing of film and prints xx. Seat cover, upholstery or drapery shop yy. Television and radio stations zz. Wholesale distribution, wholesale office and show 7 rooms Subdivision 2. Conditional Uses. No structure or land shall be used for the following uses except by conditional use permit. a. .Motor fuel stations subject to the performance standards as specified in Section 9-14, Subd. 17, of this code. b. Drive-in establishments subject to the performance. standards Section 9-14, Subd. 14, of this code. 59 PLANNING AND DEVELOPMENT 9-10.01 c. Those uses permitted in Subdivision 1 of Section ~~ 9-9.01. d. Broadcast and telecommunications transmission tower facilities. e. Advertising signs. f. Commercial auto repair and used car sales. g. Boat and marine sales when conducted entirely within _ a building. h. Building material yard, provided it is conducted entirely within an enclosed structure. i. Car wash establishments. j. Commercial greenhouse provided all outside storage is fenced in such a manner so as to screen the stored material from view-when observed from the public street and adjacent residential areas. k. Hotels, motor hotels and motels, provided the site shall contain not less than six hundred (600) square feet of lot area per unit. { • 1. Optical and jewelry manufacturing. m. Armories, convention halls, sports arenas and' stadiums, bowling gymnasiums, Y,M.C.A., Y.W.C.A., night clubs. n. Veterinarian offices and small animal hospitals provided there .shall be no boarding of animals, except for hospitalization, on. the site nor the placement of ca es or ens outside of the building. g P o. Retail liquor store. p. Billiard/pool hall, game arcades, subject to the following conditions: 1. The operation of such establishments shall not negatively impact the reasonable peace and quiet of surrounding residential areas. 2. Hours of operation shal be limited to 10 a.m. . to 12 midnight. All applicable curfews will be enforced on the premises. • 60 ~_ i ;~,~~~ I ~ 1~ ,,~i_riT1 C~ ~ ~i_ ~ Cii ~ 1 C. <T ~~ ~ 1I"7 i \~li> > C ~'1 l~ ~ ..~ 1 1i r (`pt C>Z 'C l?y i,~lE. ~ C~~FI~_ ~ c.;',~ C nf01 C. P_1 .'-Ill, U5 ~ J C I c'.--~ ~~ ~~:i~ 1 1.>c x~-quired. Zne sf~curi'cy ~~.lan aliall include provisions for the following; adec]ua~.e security lighting, controlling loitering and any disorder]_y behavior within the building, in the parking lot or anywhere else on the premises; prohibiting the sale, use or possession of alcohol or any other. controlled substance without a prescription. 4. Rear door will serve as an emergency exit only. 5. Adequate supervision will be required including a minimum of two adult employees on the premises during all hours of operation until closing. Additional supervisory and/or security personnel may be required at the city council's discretion. 6. No person shall establish, maintain or operate an amusement establishment as defined in this ordinance without a license issued by the city. 7. Compliance with all other applicable provisions of the Falcon Heights city ordinances shall be required. 8. Other conditions, as deemed appropriate by the (- city council, may be applied in response to site specific conditions at the time the conditional use permit is issued. Violation of any of the above stated conditions or any other conditions included •', as part of the approved conditional use permit shall be deemed ample grounds for revocation of the permit. • 9. The conditional use permit shall terminate upon a change in amusement establishment .ownership and/or the closing of the amusement establishment. Other retail uses of a similar nature may be added to the above list of conditional uses upon request and approval by the Planning .Commission and .the Council. i • 61 ~~ ~`~~~~` ( ~'J `~,L~ C~.. ~' ~ ~~ .;-7 din J~/~ i:~ )'. ' ~ ~ ~ .~- ~ , ~, re ~ • • L 1/ j -~ -- ~~~' ~ sy JANE MCCLU~ • • ,, - ._ - ~~ arch 3C hood residents~ackedacommunitymeetfngatHancockRecreatronCenterM .~ More than 75neighbor p ask questions of owner Gregg Perkins. Thestore, a[ 634 North Snelling plan: `o open this month. (Photo by Ter he owner of a planned ' s Snelling Avenue fire- arms store has met a barrage of opposition frcm neighborhood residents who want ! him to relocate out of the community. St. Paul Firearms owner-opera- + to: Gregg Perkins, how ever, has told residents he plans to stay put, whether they like his business or noL And after his presentation at a com- munitymeeting, most neighbors are more angry that. ever. They have vowed to put pressure on his landlord to force the business ouL hSore thar_'S neighborhood resi- der.tspacked acommunity meeting at Hancxk Recreation Center March 30, to state concerns about the gun store and ask questions of Perkins. The store, at 634 North Snelling, plans tc open this month. "Yre want Greer Perkins to relo- cafe his business," said neighborhood resident Jcette Hamann. "The image it pro~cts in our community is not a favorable one." She questioned the store's prox- imity -two doors away -from Ham- line Playground. Hamann expressed fears for children, who are "avid users" of the playground area. And she questioned whether St. Paul Firearms will attract a "seedier ele- ment" tothe cotmunity. Opponents of the new gun store cite its proximity to other schools, churches and Hamline Branch Li- brary as reasons not to have such a business in the area. "VVe want this community to stay nice," said neighbor James Car- mouche. "Why don't you open this in your own neighborhood? Can you see people don't want you here?" Perkins has been a gun collector for some time, attending trade shows and gun collector events for the past 20 years. "This (opening a gun store) is something I've always wanted to do," said Perkins_ Perkins has obtained a federal firearms license, needed for dealing in guns. He also has been issued a city permit for the business. Because the building Perkins is in has been zoned for commercial use, there is noway the city can legal- tyblock his business, said Ward 4 Councilmember Paula Maccabee. There was also no city notice require- ment,because the business use isn't a violation of the zoning code. State law also currently pre- vents the city from taking action to keep firearms businesses out of St. Paul neighborhoods. To make sure situations like the SL Paul Firearms controversy doesn't happen again, Maccabee is develop- ing a new city zoning ordinance. The ordinance would prohibit such busi- nessesfrom locating within 1000 feet of such protected uses as schools, churches and parks. "But that will not eliminate this business (St. Paul Firearms)," she said. "I've come hereto let everybody voice their concerns to me," said Perkins March 30. "I'm not here to change everybody's mind." But he angered neighborhood residents several times, by challeng- ingthem and [heir worries about his businesses. Meeting attendees loudly disagreed when Perkins questioned whether they met the concerns of - N ~ ~ N ~ c "' V h N G. ~ ~ d w, O d ~ Y . G W a~ ~ C: ~ a-+ A O ~' ~ b ~ u ~ ~ ~ ~^ '^ G O `° vi ~ ^ v O ~ o a0 .C ~ °~ ~ o> '~"~-. P, O ~ d a~ U N ~ ° ° ~' ~ ~ ~ ° ¢ ~ x o n°'. U o, ~o o ~ .~ c is o ,n° ' «. ~ n H ~ '~ N ~ •Go 3 m ° .~' y :. ~ d ~ ~ ~ YO ~ ~ ~ vi "' N Y .. to G ~ ~ o 'D ,~_, ~ ~~„ ~ w o~ H .n ~J' d ~ ~ ~ a~i °' C .'_= ~„ Gti, ~ by „_, C. tC - A .~ .~ ~ ~p °) eV ~ N en ^°. d O `„ N .C d C E o ¢ Y..' Y O ti; O p N td ~ en y~ ?~, O td fu .C A E ~ G+ N A d O a-. 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A V ~ 9 a3i e°e ~~~ ti ° c 3~ ~ y i° `~ 3 ~ o r.. p a ~ o~ ~v m ° 01 E cVi W u w A w .C ° en ° J a y ~' p E w A .+ 3 .C.y eO ° A ~p r O ° u O u y d Ir y N p0 ~p ~O„ d a~i y eo c ao 3 > E .'~- ~° a3i c ~ c .... .C c, ai ~ >~ ,0 O b `~ w .d a N q a C o y y ed as x~ eGU O~ A p O y .v .~i ~ ~ ~ G N ~ N d' ~ V ° ~ y ~ a ~ y v> E ~ y~ ,"~ a ~"~ d° o y • By JANE MCCLUItE The advent of the videocassette recorder, and rental videotapes, has added a whole new dimens[on to St. Paul's so-called adult entertainment industry. The St. Paul City Councii voted unanimously March 25 to approve n ? nterim city ordinance, to regulate adult bookstores. The interim ordi- nancewill be inplace until a study can be conducted, Office of License coons and Environmental Pro- ion Director Bob Kessler told council members. The study, to be conducted by the St. Paul Department of Planning and Economic Development, will ex• amine the impact adult-oriented businesses have on a surrounding neighborhood, said Kessler. The study will be much like one conducted in 1988, that examined areas near adult bookstores and theaters. That study was a critical part of efforts that eventually shut down the notorious Faust and Flick theaters at Dale and University. The interim ordinance is needed because aspects of adult businesses have changed since the first study was conducted, Kessler explained. Since that study was completed, the video rental industry has boomed, with outlets throughout the city. While video rental stores per se are not a problem, at issue are stores that rent a significant or substantial amount ofadult-oriented materials. One problem found with the 1988 or- dinance iswhether the amount of floor space In a business should be used to determine what is a "signifi- cant" or "substantial" amount of adult oriented material. The need for an interim ordi- nance,and new study of adult busi- ness,arose as a result of a dispute with Mike Stoderl, owner of two video stores in SL Paul. One of those stores, Exstacy House Video, is at 916.918 Uni- versity Avenue.ln February, a US. Dis- trict Court judge ruled that the city's current zoning restrictions on adult businesses are constitutional, under the adult entertainment zoning ordi- nanceprepared in 1988. The case was the first legal challenge to that ordi- nance,which arose out of a study of the negative secondary effects such businesses have on a neighborhood. Stoderi's attorney, Randall Tfgue, has said he will appeal the February ruling to the Eighth U.S. Circuit Court of Appeals. One issue in Stoderl's dispute with the city is how much adult-ori- ented material is too much, and what is considered a "significant" or "sub- stantial" amount under the city code. Stoderl is currently interpreting the code to mean that patrons of all ages must be allowed access to every part of his store, even though "adult" videos are rented there. When the store opened, it had 100 percent adult-oriented merchan- dice. But Stoderl then rented the store next door, put in a door between the two stores and filled the new part of the store with videos that aren't "adult" in nature. That decreased the percent of adult material in the store to less than 40 percent. The interim ordinance on adult businesses goes into place at a time when the city is looking at the next step to take with another problematic type of adult business. In early Mareh, the Minnesota Court of Appeals ruled that five owners of St. Paul saunas cannot be prosecuted on previous charges of creating a public nuisance. The ruling brings to a close a de- bate that has been waged for many months, over a state public nuisance statute and how it was used here. The statute, developed at the request of the city of Minneapolis, allows public officials to shut down such businesses after a certain number of prostitution orprostitution-related convictions in a two-year period. St. Paul's case against the five saunas, including Lee Lenore's at 740 Snelling Avenue and the Speakeasy, 927 University Avenue, was thrown out because the businesses weren't given timely notice of such convic- tions.Business owners contended they didn't learn of the attempt to close their businesses under the statute, until the city prepared law- suits seeking to seize property and close buildings. A sixth sauna initially involved in the case, the Red Carpet, has closed. First located on Grand Av- enue,the business relocated on ['^ versity Avenue in the same bus::: now occupied by the controversiai Exstacy House: The Appeals Court upheld a rul- ing by Ramsey County District Court Judge Charles Flinn Jr. that the city should have given each sauna owner notice, each time that sauna employees were convicted of acts of prostitution. Without notice, judges argued that the businesses didn't have a chance to remedy problems themselves. But with new nuisance lawsuits in the works against some of the saunas, due to new prostitution con- victionsand proper notice, the con- troversy may resurface in a new court case brought by the city. C' Recommended by the Planning Commission 4/27/93 9-13.03 {il} Displays not constitutina signs. Banners, pennants, whirling devices, balloons, .animal displays, lights, or other displays or features which direct attention to an obj.ect.,.._.... product, place, activity, ,person, institution, (~'iltt or a business are not permitted in any zone except iri~~~~a~~busiriess zone for business grand openings or special civic events. One 'display not constituting a sign ' may be granted to a specific business or shopping center for these events. No more than one 'display not constituting a sign' may be granted for a shopping center or building at one time. On such occasions, a temporary sign permit for up to five consecutive days may be issued by the city.