1998 Planning Commission Packets

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�- s : -� - --= I '�-- �_��.---- u-5 --� '��Y� r.r . ---- � r -� �-- -�= Merryville Farm Market CUP Plannuig Case No. �22-98 April 15, 1998 Page 2 - _ 1 �, �� - ---- - : i _ �� -.- --- =_ � � __ Mr. Gilb has stated that this will be the same operation that was approved last year for this location. No changes have been proposed. The dates of operation for the farm market, if approved as requested, would overlap by 15 days with Linder's Greenhouses, which was granted an outdoor sales CUP until July 15, 1998. Linder's will be dismantling its greenhouse sometime in between June 30 and July 15, so the overlap of operations could be less than the possible 15 days. In the occurrence of an overlap of uses, there should be little impact to parking, as the produce stand would occupy only 110 square feet of the parking lot. Signage for the produce stand will be accomplished with small banners ai�ixed to the gazebo base and lettering on the canvas roof. There has been some question regarding the legality of requiring the applicant to go through the CUP process because of its status of a seller of homegrown produce. According to the City Attorney, whose letter is attached for reference, the City cannot impose any licensing requirements upon the applicant. The City can, however, control the time, place and manner of the operation through a conditional use permit, so long as the requirements do not in effect prohibit the use or impose undue hardship. Staff has discussed revising the Code to allow such temporary sales (such as Merryville or Linders) as an accessory use. The City Attorney is drafting an amendment to the Code that will accomplish this. The amendment will be brought before the Planning Commission for comment and review upon its completion. � CUP Requirements: The criteria for approval of a conditional use permit appear in Section 1115.04, Subd. 2 of the Mounds View Municipal Code. They are as follows: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirt.y percent (30%) of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy I 10 square feet of the parking lot, which is less than 1% of the building square footage on the site. This criterion has been met. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) through (5) of this Title. The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential property is Wildwood Manor, an apartment building for senior citizens, which would be well screened from the proposed use by a stand of trees. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be