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Pawnshop Report <br />August 20, 2003 <br />Page 2 <br />i- . ,�. <br />1. Is there a►�ninimum amoun# to set aside? No, hawever the City must be reasonable. <br />2. Can overlay contain only unavailable land? No. "lt would not be advisable for the City to <br />sei up an overlay disfirict containing only unavailable land in order to limit or effec#ively prohibifi <br />these kinds of businesses. S�ch action could be deemed arbitrary and capricious. " <br />3. Which other cities have an overlay? Brooklyn Cenfier and Robbinsdale are two such cities. <br />4. Can a city limit or ban pawnshops altagether? Probably nof. Absen# specific supporting <br />facts and reasons, pawnshops should be �reated in a manner similar to ofher commercial <br />uses. "P,n outright ban on pawnshops would not sun✓ive a[legal] chaflenge." <br />5. What are the ramifications of creati�g an overlay with multiple "unwanted" land uses? <br />Landowners would probably argue thaf the creation of a"red light" overlay is simply irratianal-- <br />that is, that such a district does noi promofie the pubiic welfare and is a bad idea. <br />6. Is the City at greafer risk if i# creates a"red lighfi" district ? The crea�ion of such a disfiricfi <br />would likely be mefi with opposifiion from landowners in and around such disfirict. Obvious[y, <br />Ci#y action that generates real opposition is more likely to result in lifiigation than less <br />controversial action. Therefore, yes, creating such a district would likefy increas� �he risk of <br />litigation. <br />�� <br />The City Council has asked the Commission to camment on the overlay issue as to which of <br />the two proposed areas would be more appropriate and which properties shauld be included in <br />the overlay. Aiso, fhe Councii would like a response regarding fihe �roposal to include multiple <br />"unwanted" land uses within the overlay. The Commission should address these �wo issues in <br />iight of the lega6 opinions offered and prepare a response (in the form of a resolutian) to the <br />Ciiy Council. <br />To assisi the Commission with the potentiai overlay boundaries, [ have revised the original <br />overlay maps to reflect a smaller overlay area with fewer parcels. The Commission wilf neec6 <br />to determine if the area and parcel availability wouid satisfy the "reasonableness" test. <br />:. � .. .��� �� �� R - �- �� <br />Review the revised overlay map and direci sta�f to draft a response to the Gity Council. <br />�Q.,�.�Q C.:-i�.C$.v°� <br />James Ericson <br />fnterim City Clerk/Adminis#rator <br />} <br />