01-23-1991 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JANUARY 10, 1991 proposed ordinance addresses that question stating that the distance is measured from the closest point of each property line. Keis asked if the City could make the license fee for an adult use cost prohibitive. The City Planner reported that the license fee must be in line with the what it would cost the City to enforce license requirements or do background checks on the business owners. Keis asked if the City had the right to inspect the premises of an adult use business without a search and seizure warrant. The City Planner explained that unless the Building Inspector makes an appointment to inspect a premises, the City would need a search and seizure warrant. The City Planner also pointed out that the minimum distances provided in the ordinance extend beyond the City's boundary lines. Herkenhoff stated that he cannot support the adoption of these ordinances. Herkenhoff stated that he was opposed to any adult use businesses within the City. The City Planner pointed out that without the ordinance in effect, the businesses would be free to locate in the City and would be essentially unregulated. Herkenhoff suggested that he felt the Law should be changed so that cities can prohibit these businesses from locating within their boundaries. Pedersen recommended approval of the proposed Adult Use Ordinances as submitted by the City Planner with the recommendation that the City Attorney determine if churches can be added to the list of land uses requiring the minimum distances from adult use businesses. Motion seconded by Bendel. Motion carried 5 - 1. Herkenhoff voted against. VALENTO DeLonais reported that this past April, Don Valento was VARIANCE granted a variance for front yard setback on three lots on Valento Lane. Two of the lots have been built upon, and the variance is about to expire on the third. Page 7