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Item #7 <br /> • INT ER <br /> MEMO <br /> OF F ICE <br /> To: Planning Commission <br /> From: Pamela Sheldon, Community Development Director <br /> Subject: Planning Case No. 491-97 <br /> Code interpretation; estate auction at single family residence <br /> Date: July 11, 1997 <br /> Staff has received a request from Schultz Auctioneers on behalf of Hilda Braley and the Braley <br /> family to conduct an estate auction at 2337 Knoll Drive. Staff is seeking guidance from the <br /> Planning Commission on a code interpretation whether or not estate auctions are allowed in <br /> residential neighborhoods. <br /> Usually outdoor sales require a conditional use permit, and are not allowed in residential districts. <br /> Section 1106.03 Subd. 7, however, states that accessory uses in the R-1 District include: <br /> Other allowed uses incidental to the dwelling unit, including but not limited to: <br /> clothes lines and poles; lawn and garden ornaments; pet house or facility; <br /> playhouse, swing set or other structures for play or recreational use; outdoor living <br /> room or screen house of up to four hundred(400) square feet. <br /> All of the uses listed are structures or improvements of some type. However, it is a very common <br /> practice for residents to hold garage sales, for example, and the only provision we have found <br /> which would allow such uses is this Subd. 7. If garage sales are allowed, we would suggest that <br /> estate sales be treated in the same manner. Our only concern with estate sales is the amount of <br /> traffic and on-street •arkin. which ma . K_ •- ' . _• • . . .. . <br /> this issue with the representative from the auction company. The attached letter explains how the <br /> auction will be conducted. It appears that this particular auction will be well-managed and will <br /> create a nuisance in the neighborhood. <br /> Recommendation: <br /> Planning Commission, acting as the Board of Adjustment, find that estate auctions are included as <br /> an accessory use in the residential districts as provided in Section 1106.03 Subd. 7, as long as the <br /> noise, parking and traffic associated with the sale are deemed to be only a temporary <br /> inconvenience in the neighborhood and do not reach the level of being a nuisance and public <br /> As safety hazard. <br /> N:(DATA\USERSTAMS\SHARE\DE VCASES\491-97\4UCTION.PC <br />