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HomeMy WebLinkAboutCCRes_93-24No. R-93-24 • CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date: 5f 12/93 A RESOLUTION DENYING THE APPLICATION OF FALCON HEIGHTS GENERAL STORE, INC. FOR A BUSINESS LICENSE WHEREAS, in October, 1992, the city commenced a planning study for the purpose of reviewing the appropriateness and uses allowed in all of the city's commercial zoning districts; and WHEREAS, by Ordinance No. 0-93-01, the city adopted a development moratorium imposing certain development restrictions in the city's commercial zoning districts to protect and preserve the status quo during the pendency of the planning study; and WHEREAS, the development moratorium generally prohibits the issuance of business licenses in the B-2 zoning district except for "any new use that is specifically listed as a permitted use in the applicable zoning district" or • unless a hardship waiver is granted pursuant to the provisions of Ordinance 0-93-01; and WHEREAS, the Falcon Heights General Store, Inc. (the applicant) has applied for a business license to operate a business located in the B-2 zoning district for the purposes of buying and selling new and used sporting goods such as guns, bicycles, skis, golf clubs, roller blades, appliances such as microwave ovens, vacuum cleaners, cameras and photographic supplies, hardware such as tool chests, crescents, pliers, socket wrenches, jewelry such as watches, wrist bands, diamonds, electronic equipment and repair thereof, such as radios, TV's VCR's, CD's, and variety items. NOW THEREFORE, the city council finds: 1. That as a portion of its business, the applicant plans to purchase merchandise on the premises for sale as used merchandise on the premises. 2. That prior to the city council meeting on April 28, 1993, the applicant's representative, John Mutschler, orally informed the city administrator that the majority of the goods for sale would be used goods and that the walk-in sales of used merchandise might be 5-10~ of the business at the start of operation and might grow to 25~ to 50~ of the business after time. .Page 2 3. That based upon all the evidence in the record, it is clear that a portion of the proposed business of the applicant regularly involves the purchase and sale of used goods on the premises. 4. That the city administrator is charged under city code Section 9-15.01, Subd. 3, with interpreting the zoning code and has found that the applicant's use is a secondhand goods store and is not a use which is specifically listed as a permitted use in the B-2 zoning district. 5. That the city administrator's interpretation of the code is reasonable and in accordance with the city council's intent. In addition, the city administrator's interpretation is in accord with the city's purpose in adopting the moratorium, i.e., to protect and preserve the status quo during the pendency of the planning study. • 6. That the applicant's proposed business is a secondhand goods store within the meaning of Minn. Stat. §471.925 and is not a permitted use in the B-2 zoning district. 7. That the operation of the proposed business does not comply with the city's zoning code as required by Section 5-1.02 for the issuance of a business license. 8. That secondhand goods stores are one of the uses specifically being studied in the city's planning study to determine whether and under what conditions, if any, secondhand goods stores may be permitted in the city. 9. That the city's zoning study is proceeding promptly and the moratorium will be lifted as soon as possible. 10. That secondhand goods stores possibly have different impacts on the city and surrounding neighborhood than the uses which are specifically listed as permitted uses in the B-2 zoning district, including such impacts as increased need and costs for additional police services because of the increased possibility of customers bringing stolen merchandise to the store and other issues which are being studied in the ongoing planning study. L~ Page 3 • 11. That approval of the applicant's business license at this time would conflict with the ongoing planning study which is reviewing the appropriateness of the business uses in all the city's commercial zones. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~./' Approved by /f1Y~~~~~~_~_©~-~.`~ Mayor BALDWIN 5/12/93 CIERNIA ~ In Favor Date GEHRZ JACOBS ~ Against GIBBON TALBOT r' f Attested by ~~:.~~/~ Ci y Clerk 5/12/93 Date •