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ITEM 10 <br />MEMO TO: Clerk -Administrator and City Council <br />FROM: Building Inspector <br />DATE: June 23, 1982 <br />SUBJECT: LOOSE EIVDS NIGHT CLUB REQUEST FOR PERMIT TO CONSTRUCT <br />A VOLLEYBALL COURT IN PARKING LOT AREA <br />Mr. Jim Loosen, proprietor of the Loose Ends, has applied for a <br />building permit to construct a volleyball court on the southeast <br />corner of his parking lot. Attached is a copy of his request <br />and also the site plan. <br />This application is before you because, technically, it falls <br />under Chapter 59.07, Development Controls Review, and because it <br />is an accessory activity for a liquor establishment not defined <br />in the Zoning Code. If an accessory use is not defined or regulated <br />by the Zoning Code however, Chapter 40.01, Subdivision 11, does allow <br />you to study it if you require it. <br />Subdivision H. Uses Not Provided for Within Zoning Districts. <br />Whenever in any zoning district a use is neither specifically <br />permitted nor denied, the use shall be considered prohibited. <br />In such case the City Council or the Planning Commission, on <br />their own initiative or upon request, may conduct a study to <br />determine if the use is acceptable and if so what zoning <br />district would be most appropriate and the determination as <br />to conditions and standards relating to development of the use. <br />The City Council, Planning Commission or property owner upon <br />receipt of the staff study shall, if appropriate, initiate an <br />amendment to the Zoning Code to provide for the particular use <br />under consideration or shall find that the use is not compatible <br />for development within the City. <br />A discussion was held with Mr. Loosen, the City Attorney, Clerk - <br />Administrator and police officials regarding the requirements of the <br />liquor license itself. Mr. Loosen felt he would have no problem and <br />be able to police the requirements with his staff. <br />The question of this permit as staff sees is whether or not the <br />intended accessory outdoor use is significant enough to study further. <br />Similar outdoor requests could occur from other liquor establishments. <br />RECOMMENDATION: Authorize staff to table the permit for further <br />study regarding the zoning aspects of the accessory use. The study <br />should be presented to the Planning Commission as soon as possible <br />for their review and recommendation to the City Council. <br />SAR/bc <br />