Agenda Packets - 2007/04/09 - Laserfiche WebLink

Home Browse Search

Aldi Report April 9, 2007 Page 2 Since the City Code is not clear on measurement, it is left up to the discretion of the City Council as to whether it believes the premises complies with the Code requirement. In situations like this--the absence of explicit instructions or policy direction--one typically looks to how the rule or requirement was interpreted or applied in the past. In this case, there is a good example for comparison. Big Top Liquor (formerly Budget Liquor) is a tenant at Mounds View Square, and it does not satisfy the 500 foot setback if measured building to building or property line to property line. Because the liquor store was permitted, one can surmise that the measurement must have been conducted leaseable space to leaseable space or front door to front door. (The Church predates Mounds View Square by 20 years.) Staff then asked a sampling of communities how they treat properties with liquor licenses. The following table represents our findings: Arden Hills 500 feet, measured property line to property line Champlin 300 feet, measured from partitioning wall of leaseable space to partitioning wall of leaseable space. Chanhassen No separation required between such uses. Fridley 400 feet, measured in a straight line from the nearest point of building to building Golden Valley 300 feet from any elementary or secondary school structure or within 100 feet of any church structure. Ham Lake Excepting off-sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. Mound No separation requirement between such uses Mounds View 500 feet…? New Brighton 400 feet, as measured from property line to property line, with a clause that allows the Council to increase or decrease the spacing at its sole discretion, similar to Ham Lake. Savage Requires a Conditional Use Permit if located closer than 500 feet to any existing school, church, day care facility, or residential use. Such distance shall be measured from the nearest property line of the school, church, day care facility, or residential area to the main entrance of the liquor establishment. Woodbury 500 feet, lot line to lot line