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� <br />� �i <br />,__:� <br />,,\ <br />It�m �7 <br />,.:.; ._. �k:_ �,,.. _,.. ,Y_ .., _�,�... ,..,., : ... ..... : . . ....... _ . <br />,� , ._ ,.... . � ._. .,� �: _ . . ... .,. .., _ ..:..: .. . . . . .>:� .�. : - <br />� .:. M..: � <br />* �. <br />1;; <br />�..- �- , ;,, �;, <br />_.. . ..:. � �,� . ,...... � .. ..:.:........ :��. ..,:. .., � <br />'�o� <br />FroBao <br />3�bj�cto <br />Date: <br />Planning Commission <br />Pamela Sheidon, Community Development Director <br />Planning Case No. 491-97 <br />Code interpretatian; estaie au�ion at singl� family resid�nce <br />July 11, 199i <br />Sta.�has received a request from Schultz A.uctioneers o� behatf af Fiilda Braley and the �ratey <br />family to conduct an estate auciion at 233i Knoll I�rive. Sta� is seeking guidance from the <br />Planning Caminission on a code int�rpretaiion whether or not esta�� auc�iar�s aa°� allowed i� <br />residential neighborhoods. <br />Usually outdoor sales require a conditionat use permit, and are noi aliowed in resideniial disiricts. <br />SecYion i 14b.03 Subd. 7, however, states that accessory uses iri ihe I�-1 I3istr�ct incl�xde: <br />Other allowed uses iricidental to the dwellin� unit, iricluding but not limiied to: <br />clothes lines and poles; lawn and garde� ornamenis; p�t hous� �r facility; <br />piayhouse, swing sei or other structures %r play or recreational use; outdoor living <br />room or screen house of �p to four hundred (400) square feei. <br />AlI af the uses Iisted are stnactuF°es or improvements of some type. However, it is a very common <br />practice for residents to hold garage sales, for exampte, and fihe only provision we h�.ve found <br />which would allow such uses is this Siabd. 7. �#' garage sales are allowed, we would suggest that <br />estate sales be ireated in the same manner. Our only concem with estate sales is the amount of <br />tra.�°ic and on-street parking which may occur. The Planning Commission may w�t to discuss <br />this issue with th� representative from the auction company. The attached letter explains how the <br />auction will be conducted. It appears that this particular auction wili be well-managed a.nd vdill <br />create a nuisance in the neighborhood. <br />�8e�ommendaiio�re <br />Planning CoYnmission, a,ct'vng as the Board of Adjustment, �'ind that esiate a�zctions are included as <br />an accessory use in the residential disiricts as provided in Section 1106.03 Subd. 7, as lon� as th� <br />noise, parking �d tra.ffic associated with the sale are deemed to be only � femporary <br />inconveni�nce in the nei�hborhood and do not reach the level of being a nuisance and public <br />sa%iy hazard. <br />N:IDATA1iJSERS\P AMSISI�IARESDEVCASES1491-97�AUG7TON.P� <br />