Loading...
HomeMy WebLinkAbout04-17-1996 • MOUNDS VIEW PLANNING COMMISSION APRIL 17, 1996 7:00 P.M. AGENDA SESSION 1. Review of Minutes: April 03, 1996 (Will be delivered prior to the meeting next week) 2. Discussion of a Request for a Variance to Front Yard Setback, Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96 3. Discussion of a Code Amendment, An Ordinance Amending the Municipal code of Mounds View by Amending Chapter 1006, Entitled R-1 Single Family Residential District 4. Staff Update 5. Tentatively: Continued Sign Code Revision Discussion • ***************************************************************************** PLEASE NOTE: THE PLANNING COMMISSION MAY CALL TO ORDER TO TAKE ACTION ON ANY OR ALL OF THE ABOVE ITEMS ****************************************************************************** ****************************************************************************** APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO ATTEND. THANK YOU. ****************************************************************************** . • • 410 STAFF MEMO • TO: PLANNING COMMISSION FROM: JOYCE PRUITT, ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 12, 1996 RE: REVIEW OF MINUTES FOR APRIL 03, 1996 Barb Benesch, Community Development Secretary, was out ill today and, thus, unable to complete the minutes for the April 03, 1996 meeting. The minutes will be delivered to you prior to the meeting next week. Thank you for your understanding and cooperation. • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: April 17, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 438-96 File No.: Request: The applicant is requesting a variance to allow the placement of a 24' x 44' canopy atop a gas pump island at 2280 County Road I. The applicant is requesting a variance for a twenty-four foot encroachment into the required thirty foot front yard setback. Thus, the canopy is proposed to be placed six feet from the front yard property line. The canopy will have 15 lights, and the applciant has already been informed of the Code requirements, Section 1130.09, requiring lighting to be arranged as to deflect light away from any adjoining residential zone or from public streets. In addition, the applicant was informed that the Code requires the source of lights to be hooded or • controlled in some manner so as not to light adjacent property. Petitioner: Mr. Thomas Manke, partial owner of Mounds View Fina. Other partial owner of Fina: Leon Theis. Location: 2280 County Road I PIN No. 08-30-23-12- 0050 Zoning Land Use: Currently zoned as a legal nonconforming use within the B-2 (Limited Business District) zoning. Applicable Regulations: Chapter_1101.01, Subd. 3c, requires a 30-foot minimum setback distance for all corner lots. Chapter 1123.02. Subd. 1, provides for the continuance of use of a legal nonconforming use with "Any structure or use lawfully existing prior to zoning use change shall not be enlargened but may be continued at the size and in the manner of operation existing upon such date, except as • hereinafter specified or subsequently amended." Attachments: Zoning and Location Map • Planning Case No. 438-96 • Staff Report for April 17, 1996 Planning Commission Agenda Meeting Page Two of Four Site Plan Attachments regarding canopies for other gas stations wihtin Mounds View All attachments the applicant provided with application Background: Municipal records indicate a Gulf gas station was located at 2280 County Road I in 1954. A building permit from 1954 is attached for your perusal. In 1983 a steel gasoline tank, a rebuilt gasoline pump and a light pole were installed at 2280 County Road I. A sign was taken down in 1987 and a new sign with the same dimensions, was replaced at the site. In January 1981, Ordinance No. 300 amended the Zoning chapter of the Municipal Code to read "Not less than 30 feet from lot line if lot is on corner . . . " In December 1983, the Zoning section of the Municipal Code was amended in Ordinance No. 352. In the • amendment, minimum yard setback requirements for B-2 Zoning districts were identified as 30' for front yards and 10' for side yards. Following the April 3, 1996 Planning Commission meeting, Staff researched other canopies for gasoline stations and could not find a similar case on file. The following information was found: Amoco East, 2155 Highway Avenue Property has a canopy over gas pumps, but staff was unable to locate specific information regarding the canopy. During the last meetings, there was discussion from the Planning • Commission regarding whether two structures could be located on one lot. In a memorandum to the Planning Commission dated June 17, 1988, this issue is addressed. It seems that there was an issue that Planned Unit Developments allowed "not more than one principal building located on a lot". Additionally, Section 40 (the old Zoning Code) required "that an accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered • passageway." It was the determination at the time that the i Planning Case No. 438-96 Staff Report for April 17, 1996 Planning Commission Agenda Meeting Page Three of Four covered passageway was proposed, that the two buildings could be considered one principal building, thus meeting the PUD requirements. Amoco West, 2800 Highway 10 NE Has a canopy, but staff was unable to locate specific information regarding the canopy. CITGO/Jiffy Market, 2395 Highway 10 No canopy exists. Fina-Brooks Food Market, 2390 Highway 10 A canopy exists over the gas pumps on the property. The required front yard setback for the property is 30 feet. The applicant in this case was requesting to enlargen an existing • canopy and place it within fifiteen feet from the property line. Thus, the applicant was requestng a fifteen foot variance to the required setback. Unfortunately, staff has been unable to locate when and where the approval process went from this point. Staff has contacted Chair Peterson to see if he may have copies of records of this request. All materials within the case file are included for your review. Moundsview Phillips 66, 2525 Highway 10 NE A canopy exists on the property over the gas pump islands. A CUP was approved for a car wash, but staff was unable to locate any specific information relating to the canopy. SuperAmerica, 2640 County Road A canopy is located over the gasoline pumps on the property. It appears the canopy was within the required setbacks, since a building permit application was the only reference item I could locate on the canopy. This building permit is attached for your review. Staff contacted Bob Long, City Attorney, for a legal opinion • on the variance request. His opinion is attached for your review and consideration. • • Planning Case No. 438-96 Staff report for April17, 1996 Planning Commisison Agenda Meeting Page Four of Four Recommendation/ Analysis: The variance issue is addressed in Mr. Long's legal opinion. In addition, Mr. Long will be attending the April 17, 1996 Planning Commission meeting to answer any questions you may have on this item. Should the Planning Commission desire to call to order for this item in order to take action, a "boiler plate" resolution has been prepared for the meeting. This resolution, of course, can be modified to whatever the Planning Commission and City Attorney deems necessary. • • . APR 12 '96 15:41 KENNEDY & GRAVEN P.2 KENNEDY & GRAVEN CHARTERED IAttorneys al Law al 470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT A.AL9OP (612)337-W00 BRUCE M.BATTERSON nnA CORRINE H.111OM3ON RONALD IL BATTY 700 Commerce Building,S ERA X'uurth Street �M J.7ROMSON,YR, STEPHEN J.BU1tU1. Saint Paul,Minnesota 55101 L RAY M.WERTHEIM JOHN B.DEAN (612)225-4935 BONNIE L.•WILKQNS DANUIL J.OREENsWEIG JOE Y.YANG DAM/ KENNEDY rscsimile 16(3)337.9310 MUMPSL..LEFEvERI[ DAVID L GRAM(1719.1991. JOHN M.1217EVRE,JR. —` ROB .LANDAU. WRITERS DIRECT DIAL OF COUNSEL ROAM ROB RODERT C.LONG ERT C.CAON JAMS N.STHoMet N RotRoamL.DAVIDVIp80pf 337-9202 WELLINGTONH.Loa', PL,o'YD B.OLSON CUrris A.PEAssoN T.JAY SALMEN April 12, 1996 . Joyce Pruitt Interim Community Development Director City of Mounds View 2401 Highway 10 Mounds View,.MN 55112-1499 RE: Legal Opinion on Application of Non-Conforming Use and Hardship Standards Relating to the Request to Construct a Gasoline Pump Canopy Requiring a 24- . Foot Setback Variance Our File No. MU125-45 Dear Joyce: • You have asked me on behalf of the Planning Commission to provide a legal opinion on two issues relating to the request of a gas station at the intersection of County Road I and Adams Street to construct a new 24'x44' canopy over its gas pumps which would require a 24-foot variance from the required 30-foot setback requirement under the Mounds View Municipal Code (the "City Code") The two issues you asked for a legal opinion regarding are: 1. Would the construction of a new gas pump canopy be permitted under Chapter 1123 of the City Code relating to non-conforming uses? 2. How should the criteria for granting a variance under Chapter 1125.02 of the City Code be applied to this application relating to whether an undue hardship exists? SUMMARY Answer to Question No. 1 Applying a strict interpretation of Chapter 1123 of the City Code, the Planning Commission and City Council could deny this application based on a finding that adding a significant new structure, such as the gasoline pump canopy, would be an • enlargement of the existing structure or use on that site and would thus be prohibited under Section 1123.02, subd. 1 of the City Code. However, the Planning Commission and City Council have the discretion to interpret the City Code in a • RCL103O3.5 $U125-45 APR 12 '96 15:41 KENNEDY & GRAVEN P.3 • Joyce Pruitt • ( April 12, 1996 Page 2 manner that carries out the intent of the City Code and protects the public interest and could, within their discretion, interpret the City Code differently to permit the construction of the proposed gas station pump canopy. The disadvantage to such an interpretation and conclusion would be that it would appear to go against the intent of Chapter 1123 which states that it is "the intent of this chapter that all non- conforming uses shall be eventually brought under conformity." By allowing new structures to be built in connection with a non-conforming use, it is more difficult to bring that non-conforming use into conformity and may create some difficulty in the future in making a distinction as to which types of new structures can be built on a non-conforming use property and which types of new structures cannot be built on a non-conforming use property. Answer to Question No. 2 By strictly applying the criteria for granting variances under Chapter 1125.02, subd. 2 of the City Code, the applicant would not appear under the facts to have a case for an undue hardship exception justifying a variance. No exceptional or extraordinary circumstances apply to the applicant's property which do not apply generally to other properties in the same zone or vicinity since all of the properties in the same zone or vicinity would have to abide by the same 30-foot setback requirements of the City Code. Again, however, the Planning Commission and the City Council have discretion to grant a variance but would have to make a finding •"" that based on the testimony and evidence presented to the Planning Commission that all of the criteria for granting a variance set forth in Section 1125.02, subd. 2 have been met. The fact that Chapter 1104 of the City Code relating to setback requirements was adopted in 1988 after the gas station was in operation would not by itself be the basis for granting a variance or finding an undue hardship for the applicant, since once again, exceptional or extraordinary circumstances would not appear to apply only to the applicant's property since all of the other properties in the same zone that would have been in existence prior to 1988 would also now be bound by the same setback requirements. ANALYSIS Section 1123.02, subd. 1 of the City Code states that "any structure or use lawfully existing prior to zoning use change will not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended." Section 1123.01 of the City Code states that "it is necessary and consistent with the establishment of these districts that non- conforming buildings, structures and uses not be permitted to continue without restriction . . ." and "it is the intent of this chapter that all non-conforming uses shall be eventually brought into conformity." Such non-conforming use requirements are typically interpreted very strictly against allowing new structures to be built on a non-conforming use property. The P1Artnir,g Commission and City Council would certainly be acting within their proper discretion to apply such a strict interpretation to carry out the intent of the City • Code relating to non-conforming uses. II RC 403015 $U125-45 APR 12 '96 15:42 KENNEDY & GRAVEN P.4 Joyce Pruitt April 12, 1996 Page3 • If the Planning Commission and City Council were to consider allowing the construction of a 24'x44' gasoline pump canopy as requested by the applicant, the Planning Commission should consider establishing criteria which would allow it to distinguish this requested new structure on a non-conforming use property from future requests to build new structures on other non-conforming use properties. Section 1125.02, subd. 2 states that "a variance of the provisions of the zoning code maybe issued by the Board of Adjustment and Appeals (Planning Commission) to provide relief to the landowner in those cases where the code imposes undue hardship or practical difficulties to the property owner in the use of his land . . A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity. b. The literal interpretation of the provisions of this Title would applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. d. That granting the variance requested will not confer on theapplicant special privileges denied by the owners of other lands, structuresor • buildings in the same district. . . e. . . Economic conditions alone shall not be considered a hardship." In applying the criteria set forth in clauses a, b, d and e of Section 1125.02, subd. 2 of the City Code, it would not appear from the facts as they have been presented that the applicant's circumstances would meet the criteria as stated. This is the case primarily because all properties within R-1 through B-4 zones within the City of • Mounds View are all subject to a 30-foot front yard setback requirement as established by Section 1104.01 of the City Code. These requirements of Section 1104.01 apply to all properties in those zones regardless of whether those properties • existed prior to the ado•do• o .: -. . _ ._ argued by the applicant that applying the same setback requirements to his property would create an undue hardship in which exceptional or extraordinary circumstances apply to the applicant's property which do not apply generally to all the other properties in similar and other zones throughout the City that must comply with the same 30-foot setback requirements. Applying the setback requirement of the City Code would not deprive the applicant of any rights commonly enjoyed by other properties in the same district since all of the other properties in the same and similar zones would have to abide by the same 30-foot setback requirement. In fact, granting the variance to the applicant may arguably confer on the applicant a special privilege that is in fact denied to other owners of properties in. the same zone or similar zones which must abide by the the 30-foot setback requirement. In addition, even if some argument could be made in favor of granting a variance of • a Iesser nature, a 24-foot variance on a 30-foot setback requirement would appear to be an extraordinary variance request. The Planning Commission and City Council RCL103015 1N225-45 APR 12 '96 15:43 KENNEDY & GRAVEN P.5 • Joyce Pruitt . April 12, 1996 Page 4 would certainly be within their discretion to deny such a variance request based on (• the criteria set forth in Section 1125.02 of the City Code. CONCLUSION While the Planning Commission and City Council certainly have the discretion to interpret the non-conforming use provisions and the criteria for granting a variance from the setback requirements of the City Code based on the facts and evidence presented to them by the applicant, it would appear from the facts as they have been presented at this point, that the applicant's request to construct and 24'x44' gas pump canopy on the property could be denied based upon either the non-conforming use provisions of Chapter 1123 or the criteria for granting a variance under Chapter 1125 of the City Code. The Planning Commission and City Council would be certainly within their discretion to deny the applicant's request based on the requirements set forth in either of those Chapters of the City Code. The decision should be upheld against any possible court challenge that may be brought by the applicant. If you have any questions, please feel free to contact me. I am planning to attend ( the Planning Commission meeting on April 17 as you have requested unless I hear from you otherwise. S'•cerely, • f ' Robert . Long RCL:jes s Br=10301S MU125-45 • • MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 444-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING/DENY/NG A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I, PLANNING CASE NO. 438-96 WHEREAS, the Mounds View Planning Commission has reviewed the request of Tom Manke and Leon Theis fora variance to allow a canopy atop of a gas pump island at a setback less than that allowed by Municipal Code; WHEREAS, the applicant's property is subject to the requirements set forth in Title 1100 of the Mounds View Municipal Code; and WHEREAS, the Planning Commission has reviewed the criteria used to evaluate all variance requests; and WHEREAS, the Planning Commission has determined that no/other reasonable alternatives for the location of the canopy covering the gas pump island are available; and • WHEREAS, granting the variance would/would not confer special privileges on the applicant that are not enjoyed by other property owners in the.same district; and WHEREAS, the variance requested is As not the minimum necessary to alleviate the hardship. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commssion approves/denies the variance request of Fina, by Tom Manke and Leon Theis, for a variance allowing a front yard setback variance less than that allowed by Municipal Code Adopted this 17th dayof April, 1996. P P ATTEST: Chairperson (SEAL) Acting Community Development Director • iii 4IW -- .......: :. Vis• —Ad- � .►:,rte- 0, PARK Or == X943 7. =. :ENFIELD c NI N N N N N 8. 7941 79 •> • - dcy� N I N NNN: .r+:r.:ir a �� DR 7937 793: �� m N m .• 7933 7932 nal �`f7 N 04,...r N N N 224 N MT 7989 7929' API"... . �' c� �'��', 223 N N • 792: n M N - G 4) N N •• i 7925 NNN ® . N N04 " N 22331 s 792 ��. ? 2 79s8 7921 7920 21:11, KNO s�� v MDQ N `Jpd p' R-5 f7 E� 1c1 t0 N N N N N .�. i.. ti�7949 7917791. Z c�O��c N rcNi N®NN c4'<;41 N � EL ar.�Cr .. 79,o w- aili^ sr, cs s $10 c, wN 7930 7909 790. gra. N N `� �' 6', �' COLONIAL VILLAGE N 7so5 Igo• Iv Lv1 0 o N RD a �� ^ 1•1 rs ^ MOBILE HOME PARK M N O Ni (A Ql p M N 0-, N I N N 'c.„1 N N N IN Not rn IN N�N i O I O CA Ol I O N III N N N N O O co ^ ^ CO Or N O "'• HILLVIEW N N N N N c.4Oy N N N I N® r I' �. ®®® N 0 pl 0 v . . N N N N N co N N N ,..4 N N O O N .... CO N i9I786D OAKW000 DR LP M1 ONl I N+N N N�® N N N N N N CV OAKWOOD N N N CO 0 0 O O p p IQ. 17'785• �� lat � • j �'1 N N N NIN N IA a _in PARK N N N N N N N FIN N -5178 • �� ctn -� NIcV N�N N N N�N i o rn m 5590M1 rn M ^N NN PF •d• M M N O G ^ ^al co co 1. ;71783•' MI ��� 21A-16° 0 ^ D �AOwOOD N N N N NIN IN N N N N N N NOIN 71782•oil 5601 560. 56D, 5600 ir • N I N N N N N mil •• N O i rn a m N o DR 1 OW W M1 (3)17,1 N�N N N CON. u7 N +rIM M co co O ION 001 OI Q1 cola �d ___All 556'WF��}'' � 02 CNV��I N�N N N N in`I M 07 N� N N N N NIIIIIN N N N N N N N N N N 7 _:..• 555 Q Z� N N N N/N'N N .-I^ Of I 1 .• MN co M U ®a • O m n I O oo Tf2RA(`�+N N!N N O n_ (_ In v01 rn ^• M_ M N 1o .. Q 17 Ni.- ' NN 4j5®� IW+� N,NN NIC.Nj N'Ny MOC N NI N N N N NI N NI N NI N I N N NIN IO 11n.•... PINEWOOD C!R ,y� ME ,CM N N n N/N ,c,:.:2,/,•• m _ DR IN IR ~ O -r 5539 N I M1 df i M 1[7 1O° Nt N cs,N N N to v V• 10 c10 N O 1 .11773. M I Of co I n : ?� �� N N riz.N N NIN �'v ^ N N I� .P- "7 I^ N I !.3.,:.:1-18 N OI ,T,:'1 Ip N cV N M S: 5533WitimagrisPINEWOOD N NNN NNN�i N N U N N ;11,--s; N N cV N1NNN N 0 0 0 1011772• ® N � jDNafl�� ZII I^� I N NN INI ° °° ^ m R _V ®O^ In 5 n ^ O M I� O° M 1, OfMM � Cs O- 7701 N N N N IN 5521 �•® 6-y-y!•7 N!N N �y ® � NNNI ^ d• M el INI I^I OIOlIQf a0 11� i�Yil� c1 N N N j�a c74. N N N N N N N N N N N I cOV mil N RD `V N N Nlir. N O p t_� ��� 1768 —1 E:117 ° N N cMv �u �`i 5512 5511 tr) Lo M M agrm E1� 5504 5505 7651EM N N 5499 PINEWOOD 1 ''f' ,� 5494 g4 3 MOE SCHOOLIR 3 I 176 0 7651 5480 �� ..- 5486 5485 55001.0 — raan 7841 5474 473 �y+11� EMI 5478 5475 P7 — t9 • z 5467 14 at rREEMES 5464 9 :j1 IA" 7637 T r 5462 1 5463 �� Q ill 11MNIFIEE 7 55 V .,,Otiali 5453 1... 7531 v M 5446 1 554.54 1 4447Io AWk tel 1111111111111 > u..1 SWIM 5441 . V7 75511 755• 7521 �; j Mailling -� •- 5439 n_ 2_ 21`411,.s, M G,• F �' i1 543.3 NININ N Nl�y M �" Z IIIMe ®� ^ N .7 7511 sem? 5425 BELLE LN i 1 75211 752• °" 5420 MIN5405 5c!.. _ _ uoi I^�M 7505 7504 7501 5401 5414 ^ M c71 rn N N N NIN N es, es, m . 11I I I. la o M1 N 5406 5405 5406 N t N 1 N 1 es, 1 N I N 5405 I w I `" v -- N • N N N N I N I NIN E Eam DRIVESI a I Of I m 1Y7 RIM' I N c0 O N v N i - O n- • Z N N N ^ rD I P M N O W O MII 5394 N N N 1 N N N N N N N N 5392i 5391 W rialem ��, N N N N N N N N N N N N ��•�}! 536: . 163 5380 5381 Y 1=•• %6. O '� �� ® 5.372 5372' 53801537-D 53801537 '° 535•Earn MILI WII I �' B-3 ®� 1111 535' J 535: 0] �� ^ 5 57 O R-5 to N M N M 114 ftumps 5354 N v a M N N I o el o © N N N N N N I N I N 53521 5351 . 7 NIN1 N N N NININI NI" N N - . �5�� AMBER T n �1M oii$IP AVE o a ec U W� mi N= _`\l • • we q0 0 \ di w r24 0 0 d a 0 J o C7 r U 00 Z z I Cn o s2 —� ; \\\\ . . . cll 1.4 n° w wp O U Q� . —'tI S Occ {w-.1,1 'n CL i _ • , I \ ,, 4li n ., � • � i • 1 ./. „..., r..., z... . . s I �. 1 . ,. n 0 y �— _ 0 \i_ nNUa p� n 1 a� rn 1/ 01 L H lel L7 s SN C • 1 v v 1.4 l/C J Z J ,I h �F'`� 1' N H J /Z i . 0 in 7C�) J C z= Y 2 IP 1Z D °m H 0 r_ CD a Ln L o� �� \ H Q++ V CS T j E•� p c x L o ++ OJ p .c 0 O Vi V !Y • • 15 SHVCV - 3 .94 ,Sty 00 S c -,9L'0 1 - — ! it -firs0 f I 4� i0 0 —11 ____ • ii I cn cn EL - 1. Y w 4 —1' ^°D 11, 11 9 / 0 (V ID v- co M _ — _ � itgc.e >I !' i =ZI ;i 1Ili■ 1 `' • O tt h;2; lift- . i ; X 8 w \) I Likl 111 M I NI lig `--1` Is - _ \ = a. . 1 1"----4.4) 434" I%11\1 I\4. (1)0 \ b. M .Sz 1 00 IW I W • l4 yr MOUNDS VIEW PLANNING APPLICATION APPLICANT: /YI ow..,A IQs I/f e w ADDRESS: a Agp W Phone 78�--��6. . L Rce . I' • e Street Address, City, State, and Z MO w.`cQs v.e�� „J . Interest in Pro p Code ......____OLQ hers Property (check appropriate box): '- i� Owneisof Property �O yh m�K �., " ❑ Contract for Deed Owner t3.0 l 01f�e.v.r&R.✓ 1 - 36-5�" ❑ Lessee, Operator, Manager Ilse ❑ Agreement to Purchase AN n1 • sS 1 13 33; ❑ Other �'' (explain) gin�.2a► 11•+�4_r Documentary evidence of applicant's interest in $�o ���}}Y SI-8404'�+ the Property may be required before final k ity of l"` � PROPERTY INVOLVED: ;°" of this request." g' Address/General Location a a.80 • w . c. 1'ecq, 1' o.e /h° t'`"` `' s vie....) fv' o rty Identification Number _ � " Lego! Description or Pr �9�dOwner': Name/Address -,� . •„ •)5 v y - Present Use (check appropriate box): ❑ UndevelopedNacant 'Z-,) 5S/ (,- ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units • Business/Commercial E ,' 1 ❑ Industrial Establishment lishment ❑ Other (explain) Property Classification: ❑ Abstract 0 Torrens REQUEST: 1 0 .:me_ ''lease note: Applicant may be res.... :_ _ _ -•� ees associated with the review of this request I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TAUS. , ****************.ank-** * Signature $200/acre. ,►*,t********,►,r***,r*,e*,r,t,r***********,r,e*,r* minimum$200,mum$1,000 Park Fund Dedication Fee R•1 to R-2-375,all othersthers 5200 Cade Appeai Use Permit $7R-1 to R-2-375.all others$200Re Date Paid Develop./Site Plan8ipt Number Mirror Subdivision Review $100/acre,minimum 100, $150 maximum$500 Dotal Fees Paid Major Subdivision $250 Date Paid 7 Camp. Plan Amendment $200 plus $250 deposit Wetland AlterationReceipt Number Permit $50 plus deposit date -...2_-___,- Wetland Buffer Permit determined by Staff Fannin 310 Additional Fee Paid PUD 9 sign $50 Date Paid 0 PUD Amendment Receipt Number $150 Date of final action APPROVED 0 DENIED 0 TAB LW 3/ /Cf PlanningLEJ Case No. % C - fo Admin.Account No. n -;+=j DI-IL & ASSOCIATES, INC. • Environmental Consultants,Contractors&Engineers February 28, 1996 Mr. Tom Manke ZAHL Equipment,Inc. 3101 Spring Street,N.E. Minneapolis,MN 55413 Dear Tom: RE: Proposed Soil Ventilation and Air Sparging Pilot Test at the Former People's Plus Station Located at 2280 West County Road I, Moundsview, MN. Attached for your review please find a proposedpilotstudy layout. Please review the layout and provide me with any comments that you may have. To conduct a pilot test, DAHL has proposed the installation of two soil vapor vents, three soil_._ _. vapor probes, and one sparge point. All of the structures will be completed flush with the • ground. Drilling of these structures can be completed in approximately two days. The locations of the structures are designed to give us the information we need, as well as not to interfere with your business traffic. The pilot test itself will take approximately three days to complete. During the three day pilot test a DAHL technician will be collecting data from each of the pilot structures and from some of the existing monitoring wells. I don't anticipate causing any disruption to your business during the pilot test. If you have questions regarding the work, don't hesitate to call me, I'll be glad to answer any of your questions. Sincerely, DAHL & ASSOCIATES, INC. Je Ryan Project Manager jjr ID Enclosure: 1). Pilot Test Layout Map 4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777 1� r ,�PfliaTfo WI14 A 7 -• D • & ASSOCIATES, INC. Environmental Consultants, Contractors&Engineers March 6, 1996 City of Moundsview 2401 Highway 10 Moundsview, MN 55112 Dear Sir/Madame: RE: The Former Peoples Plus Service Station Located at 2280 West County Road I, Moundsview, MN. The purpose of the following letter is to briefly summarize the petroleum hydrocarbon remediation work being conducted at the above-referenced site. DAHL and Associates,Inc. was retained by Kunz Oil Company in 1990 to provide environmental consulting services for the site. At that time, test drilling at the site revealed the presence of petroleum hydrocarbon contamination in the soil and • groundwater beneath the site. The Minnesota Pollution Control Agency(MPCA) is the State regulatory authority that reviews the data and site recommendations provided by DAHL. In 1991, DAHL installed a groundwater remediation system at the site. The purpose of the remedial system is to remediate groundwater and collect free phase product from the surface of the water table. Petroleum contaminated groundwater is recovered, treated by the remedial system, and discharged to the sanitary sewer system. This system has been successful at providing some remediation of the site, however the remediation process has been slow and the system is fairly costly to operate and maintain. DAHL is currently in the process of evaluating soil vapor extraction and air sparging as more aggressive remedial technologies for the site. To determine the effectiveness of these technologies at this site, DAHL is planning to conduct a pilot test. Data collected during the pilot test will determine the effectiveness of these technologies, and if successful will provide the information necessary to install a full scale system. If the pilot test is successful, DAHL will present the data to the MPCA, and will recommend the installation of a full scale system. At this time, DAHL will also recommend that the existing system be dismantled. MPCA approval of DAHL's • recommendations will be required before any modifications to the existing system are made. 4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777 City of Moundsview • March 6, 1996 Page 2 If you have questions or need additional information, feel free to contact me at (612)490-3789. The MPCA project manager for this site is Mr. Gary Zarling. He can be reached at(612)297-8598. Sincerely, DAHL &ASSOCIATES, INC. Jef yan Project Manager jjr cc: Tom Manke • • • • • Dear Planning Commission: • We would like to add a canopy with 15 lites on the property we own at 280 W. Cty. Rd. I. The reason we would like to do this is, one, to provide weather protection to our customers, two, to provide security to them at night with much better lighting when they are fueling their automobiles. The canopy needs to be put in the location chosen because it would be positioned directly in front of the building for easier customer access to the building and better site lines for the employees working. At the same time we would also like to remove the existing underground tanks and product piping, and replace them with new tanks and fiberglass piping. The island will be replaced with 3 new ones, 2 with gasoline equipment. All the asphalt will be replaced and all concrete • above tanks and gasoline fueling area will be new. A new sidewalk in front of the building will be put in with handicap ramps. The existing building will stay the same with a remodel of the interior and exterior. The existing recovery system that is on the property is going to be replaced with a new system called sparging. We are having the property anaylized by Dahl&Asssoc. to submit to the the Minnesota Pollution Control Agency some soil results so that they can officially authorized this system. The sparging system should shorten the clean up time down to one to two years. The present system could take from 8 to 10 years. Attached is a letter from Dahl &Assoc. outlining what we are planning to do. This system would be put in place during the remodeling of the location. Thank You. Tom Manke Leon Theis • • 2155 frlieHwA'r 16 � MEMO pprt) JUNE 17, MOO • • MEMO TO: Planning Commission FROM: City Planner Herman DATE: June 17, 1988 SUBJECT: AMOCO OIL COMPANY CONDITIOPNAL USE PERMIT FOR A CAR WASH AT 2155 HIGHWAY AVENUE PLANNING CASE _NO. 241-88 In. reviewingthe = w f proposal for the 'gas station, staff has _looked into the question regarding:.two -_structures :betn g; on one ylot In Chapter 40.04,` Subd C(4) it: states;that "except- in :the`,case of a ._ _ planned unit developments as provided for in :Section •4C! 24 n f u� :�.,..,..: this Code, not more than one:`(1) principal buildin { located on a lot" . ' Therefore, Amoco's''current proposal does not conform to Code because the car wash andas station" separate buildings. However, in 40.04, l ( ) , it. Subd. F station-building are statastes 1 that "an accessory building shall be considered a integral part - i of the principal building if it is connected to theprincipalr _ building by a covered passageway" .- - - ` T believe that if a covered passageway was proposed, that the two buildings could be- considered one principal building per this section of the Code. In reviewing the file for the Amoco Station, in a memo from Steve - Rose in 1981, it states that the parking spaces required are a total of 10. This would be 6 spaces for the convenience food store and 4 for the gas station. On the original site plan - for ' • the proposal , 8 spaces were shown where the parking spaces are currently shown on the newly proposed development with 2 in the northwest corner where the car wash is proposed to go. This would mean that the site plan would have to be revised to allow for 2 additional .arkin. - In regard to the question if a blower system should be included as a condition on the permit, the Planning Commission should look at the affect upon Program Avenue . The traffic on Program Avenue will be increasing as the Business Park develops. It is believed that Program Avenue will be a major access road for tenants in the large TransHealth building and the building directly to the south. In terms of the circulation on the Amoco site, the cars after being washed will be exiting directly onto Program Avenue. According to Chapter 40.05, Yard Requirements, in a B-3 zone a side yard is 10 feet unless- the lot is on a corner in which there is a 30 foot setback. This would require the car wash to be set back an additional 15 feet from the Program Avenue lot line. In reviewing the files, I could not find any co'"ment on the • question about non-conformity on the sign at the Amoco Station. Therefore , it is unclear th;;t -confo..ming. i -? J �,f AiA7 ,k-v � ill , . _ _ _ _ . .. . -36-• . .. -...,,... _ ,.. . ,„ . , rm 3.8 FINISH PAINTING QSART .. _ . . , , I Interior wall sts .. { 1 ; N _._ faces . Cei7in s _: { - I mor doors (wood & Hoilaa rata') all door surfaces ` ! I exterior part of frame interior part of frarre Interior doors (wood & metal) I I ! frame & all door surfaces , I , 411 t " Aluminum sectional upward-acting doors ( . 1 door tracks n ! I I i I ; _ L _ burglar bars Fascia, Frieze, Soffits, Cupola z , j { I I i _Exterior concrete block walls Canopy ceiling { { coltrrns • Galt'. S.M. E.ashing & writer-flan I Galv. S.M. Scuppers, Parapet coping, { I Gravel stops I i ! { d - Altuninun gutters & i tw spouts T c l I I ! f ventilate o f I i ` Roof exhausters I —I II____1._t_9 r I 1 Heating ducts si grilles v P xria a smoke pipe o Furnace & unit heaters cli -! 1- I ---i--I Cast-iron drain covers I 1 I I_____1_2__.__ Vent pipes for underground tankst, I f -Light poles i . Outdoor light fixtures e. I I I rl Covers for electric load centers 6 I — Sign stdports_& bases_- f_ ,,- I ! Trash enclosure (wood or metal) ____r j ( :P • Galt'wire m✓sh fence '� I a 1 claazti ra i_ls.--._..—. � Pipe bucipers --_ .-"I--.-((. .p M:tc�.i cu —for•I1Ls �1 I (*) Do not paint aluminum surfaces, and other items which have a painted finish, or which ;ire otherwise pre-finished, da.Inspouts as noted be1c' . • Z3gp H1HwAr 10 5I"M' PCNs • MANN INFr C,A0A-E NO. 3Io-gp • cf MEMORANDUM • Memo To :Planning Commission From :Ric Minetor, Acting Clerk-Administrator Date :August 10, 1990 ;CM16%*6: Subject :Brooks Food Market - Request for Variance The applicant has requested a variance from the front. yard se- back requirement of 30 feet to allow for a 15 foot set back frog the front property line. You will notice on the attached sketches that the existing canopy is 15 feet from the front property line. We found no documentation in the files as to any previouE variance, but the site plan was a roved by the City- The attorney has indicated that the app i c nt probably has a rightittc replace the existing canopy in kind (i.e. with a new, one of the same size) . The applicant desires a larger canopy. The variance is requested because the existing building does not allow, a canopy to be constructed in accordance with the set ba4ck requirements. Staff requestsplannin g-- Commission= s=-direction ,.in preparing=.- e appropriate resolution. • • • Gee gMIL . Retail Foods of Minnesota•Office: (612) 935-2060 • FAX: (61: 5720 Smetana Drive • Suite 300 • Minnetonka, MN 55343 August .9, 1990 City of Mounds View . Planning Commission Mounds View, MN The variance requested is for a 30 foot front yard set back to a 15 foot set back to allow for the construction of a replacement gasoline canopy. The intent is to remove the existing canopy, which is currently built with a 15 foot setback, and replace it with a somewhat larger canopy, but one which would remain at the current fifteen foot setback. The existing store building is built in such a position as to prohibit the possibility of meeting a 30 foot setback. The store 411 . would be refaced and remodeled, at .the same time as__the change-_g£ the gasoline canopy, but there are no plans for any additions to the building except for that of an enclosed dumpster area. Thank you for your consideration. • Sincerely, Keith P. Carlson Division Manager KPC/cec • ..i j£WAY `ocOS•IIMML Retail Foods of Minnesota•Office: (612) 935-2060 • FAX: (612) 935-3041 5720 Smetana Drive •Suite 300 •Minnetonka, MN 55343 August 9, 1990 • • City of Mounds View Planning Commission Mounds View, MN The variance requested is for a 30 foot front yard set back to a 15 foot set back to allow for the construction of a replacement gasoline canopy. The intent is to remove the existing canopy, • which is currently built with a 15 foot setback, and replace it with a somewhat larger canopy, but one which would remain at the current fifteen foot setback. The existing store building is built in such a position as to prohibit the possibility of meeting a 30 foot setback.. The store would. be refaced _and` remodeled.-at.:the:.:same.:time-Yas---the change-of _would gasoline canopy, py, but there are no plans for any additions to the building except for that of an enclosed dumpster area. Thank you for your consideration.. Sincerely, Keith P. Carlson Division Manager KPC/cec i 4 ,‘, \ • \ ' 11N6 ..... . • • \\\.\\ 0 .:.•.."'..,.1 7'.tl..'Z' .••.- N • < • 'S ` . ,rk,: .. \' :1t; ;, a Q 10 • t ; „1•p is• '`.•\.. r- • .:::','--.1.•;74'. .4,.`•,...1.4, • !.•- �7 ;�,,.:::••• •'...f',..1 i7';•y N. - ....4.••••‘..-7..'",:'..':.'•-7�� i't! yL::�f�r._s �`.d:�...•, • `:Z•,••r.5';':c7:4)::.=... s.''''..-...".: ;.."::-.4..."?._•' :c -"j'-f .,vj ••t1.''4.;J--^1/1'1'. r n r _i_., - • .y • .re-' -�'.._. a''•'.:L'w,,f. .;� w:l! .3`t w. •m--s, \ (yam \\ _ �:_,...:_, 10 i .re_� _�,:: - x: :�a ��a��}. r h+(•1 "- ..,,;: , '.. i ."-"••24';' . '' . . �. oJ— , i. ---4,-;:;.-_,...:.�:ti ;' F.Sid"t g am. s`� > ---z t- - .. .. _.>' -.s:ac. �,:..az.-»_O..•.r-.r..i.�— --s`..-• .-. ... Vic.. �� 'c ''• • e}+i+` • • _ 5, .r=.w-t.. �. •..'r Wig!:•:11 •,T.• ,/P • ` .:} Z ^. t.'iii=-i +x<?�D k•r :• ..$7 ...' • a 4 < ,r �t S ,.:•:...•...:,..:,,.- VI •::'t 1's :' ,;ski: ? sem ,_ ! - ' . : ' . x O. - • }_ rte \�\ . ..-.. .-.-- ,' -. 1� ` �'-..;-. r C• !fitti '_.y1/":= . j t z ^:r. -.:-rte rites♦:� --.i.,...2:7.,14,4-77-,.....-,...,:4••-• z•.. --. � � �.)..._-+•+y'. �` t t ?` • 4... �Ty. r'F ♦'y•.sr.. <%'- -•.f'' ♦ . s•j - ,...A.....--__....,y,.♦':-�-:y,Z•';�' t "':r"`•'-`¢`J..''•;'t7"a'�>�'�t,l;r- < •', ... 1� `•f.-. _ -__7%.:.r.;.I1= •▪•••••'-:.7.1•%,-.--:i..-----:! 1 '� 7, ..1.'-.-4'.;:?-•,,, -4--6' K. -�•Z.ti;ai✓' . -�•::_. t••j'•y^� '•' �` V ` '••3 % S' • . ' . -••▪•sem • ' - py.� ' ..+ ='1: < < x;• - , '•� FCO G •• • • • _ •`• ,i.r-.- = _ - � • u-r-mow N' .�� -?3-•:;_.fir .. •^�'. '.1s' n`M .t•••' - ‹/ I _ .— .•. 7:. - '--: ...y'tL!•:,K;,--1..--...;L.-,-• .r,-- ..�: t_ib•-'--:2 t 1-.. -,r....!:°.4.-.M1,- `•-.' _-. L .=.-;: ...- � -:�"„... l.::S..e y: _ .rT•:'wj�"ic '.:Y'•`: `.l'•es.•'4y:3.• •c-p+� /" Wig_'•. • _..: 5 .`.:••I : 'e-;''� . `-.,• '`�i w•,,- . • ' - ' ..+"\--i 1,•. t •. -_ • 40:O�.,...,' ,•":-.. { yam,-v • • Plillac . : ....._ , -:---1 ...1..,i.-..--&, -: - ". -.s:c...it.b ..c- - —t— ---- ---- ------- ,—r —_- tTi --— —.0----�-----0 4--'��- tC�_r� — i t ..... =_• �t.�rl t,�lcrden Jnr__ J V. i ck' - • - . . . - . / . .... . . . ...... / 1 '. / . N. ‘. N. / . N`s. .... I 1 , '\. . . „ ".., . , s0 ..‘ 1 / • N / . '''... .p. I • \\... / . I \ N \\.,s, \\. . Nc.. . - . \ N • • K1/4/71\\ \ . . /I\ ......N -...., \ ir\x" / \ \ N • ‘LZ . . ' \)/. • -\:\ ..6\ . • • -\'''' ‹,' • 4) N•%/,‘ /\.> \ • \i\ti/ , . • NN, / / Lk:. '4 Lk 3' C.,Ns4,07`f \ \ N / \::::\i„..........._ ......,.................i..... )i° 4• i . i ,-..: - • ! EX1STNG1 4• ,-- - - - - --; i 1 • ( 0 r-• ...• I. ) i . . BUILDING . .4. I . ( -I \— ; . 0 ::!!wntrooio=.........v..........m4 - 1.--) .../ . / 4 1 1 i • i (n ;43113 LC) CAW LT Cr) .0c0 .:-. 4 A CT:?`•Lt.-1-.2;N: i UN0i ,"`--\• -...) . .. :I ..=..... .=...i F\rOi-17:-. _ ., --- - --- . .-•':. ,y,. r,.g,K...,T..;-4-44_,.,,....‘,„;;;;,-_,,,;.,,,::::.,:;•.,a-wv._-_,.*.„s .•-•-•••-".."f....•••••:- '•?* :-•_ --- ..--.11"17,:' ." -.*-,..-z'-*'. '''S.'-' ,i----•_,,k ,-:-•i,": .'-•••- -.' •---_-_-.1-1.4'6'. .tif,"-it,',4.",:-, '-,,,'•''',..,'-',',.., ,•-t..-.....,,•4-t,,,,,-••••,.........1,--S.V.) !''•'''..•.-,•‘:-ir•-•-‘•••,,t,"'..,•"' .r...--•,..a. Stn,, ,r,:r....f:C.::;•;"••;-.4,!C:',. ...,,It'..:'!:*.i'4iltat,tr,!."...",e47.''. .F•,•; ! :.. ....,...".,;r7,76,..SVIrn,Ft.g' - ,- .....i..........,......-:,......-1.•, '•...,.. ......^,1.1 ,...4.4.... -.-'...i....4.4.4.10r,,r--.. ...‘"ts. ..,-r•-.i..-4::..,,,;•::,',.. ......e.,..i.j.4:941/4.r.if,...Am,- :46-.....'.i....,4%-:-.4X*1,6;...le-;A:siqr..4•L'..;;Z: . ...;-!,:. - ' *.-:-= " --'' `..`.'',.:. Z--•......,_, -...7,... . ,._......;. .,...).;',',...4..,.,_-"-='-;...-' -",-."---,- •-!": '1.t'- '--';-,. ---`---mt,"*.- -t41•AlF.,*- , : - ,-,?•!,•.,....1,1'-.---,r,?...Av .....,---,-••••nfi.1...-,,, -, .rv,5.,....,?...".#,At ,-.M.,,,,,,S-t--';''',?"'''''''CL.:.;:t"?.?2 ::,f.",;•;..,"..4,44•04.7,-,.t.t...V7,!-- ,. .'.-7.i.A.11.: :,...,-.'....t7.-_,'.7:'...-::' ::-••:' -- -I !-_,-.--,---,11• --1. -'„".• .; ' '3' ' _.."'.,:::,r''''.'..''';:'---. ',"r•': .:`..,a.',.*-1/4.-"tfe.;''..k.'7'''',7---"T-r-.•;:.‘i,t--:,,::- ..':*--,,-....-...,-"Wwki.., .- ',,-.•‘,....,-,--,-.--,.,-,-- - ------"-----"- .--- .."'-': " "--.1...:-'..'-- - ...tnr 0P-A OU NO S-:V I EW '''''''''''"""" "'"'"'''''' 1,7-'''' '''"--'-•••---''''''''''''"''''''''''' V* 2-1,.,r,.--,--,,,,,.......,..,i.44,,, 'Z.'.Z.:'-',"_,,. ...-7...:--:'!... ,• ..-:-. . ..":". ... -•:;-.1'.'11'.- --:S.7.T.-..cr.:'..T.',-....r•-. 34.r.04. .-•••--'''-'7,-- !."..'2.'".. -2., ... ..'....'-'7!f.r ..1.'•!t‘.....:. ...::-'17.=61.!....:• -. 7.:..f-"f••.?..•:.--- - -- ------ -.i----2•4_ -"•'-'1-.. .-7-". -11.7 .---i."4-'4;-=-4-'.1,-.4:'•f: ?4-i:- '''-'-'-'-'-7 7'2'''.4:4-'"'"-'1.- 7`---•---•'-'"-”--"'-'.--7'4,-*- --- --'-'4,'"j4r1,. PLANNING-.:APPLICATION- - - - ' - ,-,:-!,...--_-.---.--., ..-_--.,_777!-.-_--,-.-.-----!.,.,47-7---r.-.aet--•,--.,----,:aar;:a•-am,z„;-.-rf.--1.-.----,--,--- . __ .... --. - -. , , .. -,- ,...:-.----...L..- -i..,-;.,-----,n,-.---,-..--.--:aa,--,-..----..---------;, '"----4:•-- -- . , ,:,-_-.'':._.-z__-.•... -;_,-,•,.•:-.';.-'-„,,'-'L.F-4.,•-ffT,...--- ••_';:: :.....---.-'4••_, ,..,,.....,...-'--'.;;.--..7•- ' ,, -;-:: L..77L:1-_,.. 'it..."-7 .',•.e''''44Rate---At .199--- 0... --„,....,. ,...•44,4•41betrar....-,•,,,,e,i2....;,..."...1-•.,• , .'. 1. ..''•-•-' "".-'''''''... .''''. ' Re-tg.irko ods,orKinnesoa divi.s ion..'of:''''''?.14-'-'' ' ''--•'• P P LI CANT__-'-..Name Gae..saay-Fo o d s------,Lnc:.7-dib re'±-B to ok s-Food Mark e t-."-'.. --!- -..,-4-- ---,----!--t- ap ,,..hOrie-4935 -2060 . • ....,..rs..., .6•.:1;.,.74.:4....7.;...... -. ' -a.---.---,;;MN -4-.:-55343.- " z;',".7.77--p,..iv177. -.-.-- i-q.:-.1,4-...L.,n.-!--...-....-..:-,^`-' 1:-- 1-ti.T.;:. ...7 •-•;,,Z--r-i';- q.z;LI:;`7*-77- --..* ... •,i,.- -..,-4.- „,w-:4- :: -.--- --.- ..---. it-.:17-_in- ,-211...m.-r-Immr.,-...,....----rrt...7,1 -, ,r..7,7.7.--...24,,7..-vn :---.1z--,---.m. 7s.....':'-2e2- - ' 4"'` ..,,,nt-,&.•1.167fip,.. -1-.'-'-,-..=- --• ectE:CheciaApt52•ciatm.BI aiik znr3=muilemmonsim=zet -.:,-,,,,,,... . ,..,,- .„....-,7m,...-- --„grv.,,...1.5,„,-;:,7.-2,,_•.1,7%,-.,,._-,...N.r.,. ....,;..,•,, ,, --. ...,- .., -,r.--,---..-,_-..,,•;:, , ,__11,,,---_-- -7 : -••=t,„. ..z-,..,-,3=?„-:.---,,,,,...,-.-m,..._--,---,,A=r4.,-..-..,494,7:0, -, ....,.. .... :,-,,,..- ,.7't--... : „_.....1....:, --t--4.-'1,--.',•1:f!.?„.-.-:...,...1.. .....,-.,-. .......,.. •-tr,„.......,.-7- . A.-........2. .-_?,,.......... -.,tr. ,..._-.. ..--,,;'.-?..':.."._ ,-----1-2..---'---'=.'''''.• ...4 -4,. -- ....,-...,,-........; 5,- ow .i __friiaLcr-ecar ,c,,,-,-..2,.....,,, ....1.7.,,,-..........,-.,_.-,-.5.-.4,-;,...--.--.- ..... - , -,--- .„-_, --_,_., -:;....,--,;,:- 4.- ."-- V-.....01.-m.,••- •.....- ,-,-,,,,- •-,--_ -' - ir= '-‘7---.--:'' :--.,:::-!:!-T1,---,:..-4.-ZE.7- 1...A,-*..."71.,.. :..-ir.4..- „-,----.,f--- as-...,,,,....,..,:,...--,.._---.--,44 4-,,,..1......- •.....w..---;"''''-• .4r'.'',VMaPe*-tEnIMZO,-; -,:i4- --'1,.=CantraCtaCtlf0=Etee(t.CEWEleCallUlttlfferrtSZAr...- greenlentakaUCCh - ' ' - -- . - - ' ' 4111&'';;TX-121_1:07.1!-:-IsMIll'etit.liPiii:OffrPlicrr•itry .--,_•k,d.:::-_-,7,..i.":'.^;42-_,'':if,..;:i;;VI".7ar'''_:.:,"-,' '-,--i-:----liZ.:, .*:"...-:',,;,4-1.7j'..- -*-....-:--4;..i.•-4,-4.-;;-,:.-;- ..i.,•„:„. ,r:-.-.-:,......-_--.:. __,...... ,„,,,, ...iiivii..._,,_...,e,.......,.? ',..,. .,......r. ,_.,..v....4..........1,..----, • ....---.0-3i-4,-....:....,.... ,..,.....,...., ,.....-.-.- . .._ .. - :. A.---A-4."';.---‘',..P"f-: ------r'A.--..,.'3---::-14 7 '.., .-”' '' ..".-', •--'-'''',•''`I--,-,..; :.*2 1,..1,.:-..'..."WiriPkiegatigiblktil-ifigikw- '-' . . ...t...,„...,.. . _. .,,,,,7.•:..:,1, --k,*!...:„...'..-• ,-. ,.,,,,-4...,7 ,,,•..-1., , , 774 -......-.. . , ''.-•::-•• ...4-24 „._z___-• 110qUilleaar ''.eVcrericelo ,---3app,=TICatt-t-tslfhteres ' • et- •'-prop:_e• . Ma _,belietttitrdsii-AF-747-7. ,,- ...„-„-.-- K.,:,..-.0.....1, oi -_- -- it.?.., -ueilliEatTIT. .4- Efl - actfQ -orgetrE re.u- :...,-3---,---,..- --.-.4....."..--,.........:,.,41,,:_. '- ';:-.it '..,'-,t4...*_.'!- ''.' ,V.,, -V& ;a4kx•-2,s..,-,..:;;.;.,.._..t•--k - ',-.tir,-...,.-;...,•._____,...„_____ ,'...a.,.'.• -•,,:,... .......-.,-.':-.,..c:,.-..,-. ..:,.4.,41 .. .,..i.t."..tr`'Vri*Neavi:2,--.144•4441:,q......W-1.4.;k:.•,..-ii.Z.4..':;;. .4.'1'''`Z•'-'•.',.-. ig",:':" .......7.. - - ,.,---U• --..-• --.124L--- "•:•-•*.....A-,-".•,.."....,,-- ".,:: ....., ''''''''' -•-••-....r...,... .-",,,,, ...-.......".;:tr..70,.:,,sc,:_,.,"tt.-^t''''• -.....-,t ct..,•4. -:,..,120....-.:-.....”....Y...-.. . .,...-. ^••-• -i•....,,-.- - firrAcr......'.''''' '''-1";0111*.A.11•P-s- "''' ; •'.`,''''-'''' " ,alis.Wiainia,:' , . ,. ' `-'' • • r '-.t,' ,..' ,,, , . ., .-,.l. 4,f..-`,,,, . ,, -J• , , .- ,, ,.. S.. r ttUe '•...7,-''''_Addzessk Gerre • -.- •catt-angs_23,9‘.*}Trghw-a- er.a4!.-.7---- -;--..-.----7--•, :-••••.;.. . :-.-h.,-...-t7..!..„-- -7 .-.--,---- .------. _ _.. •-,,-...-- • , . ..-i.,--- _.-:--........-4.,........ . --,-- .,,...,..._, .,..,...z.„.„.„.„......„,........,....;,=_,. ...,.......215t. ............., ..,...... _. _ _,_ ..,....... moundvi-ew-,7,Minne so-tm-7,-,, ••-;,..,-:,_!.•:.•117--:•7:-....-7-,,i,77.-„VLS,7;;-7•' '..--=-7:-..T...7.r.7.NZL- ••=7;•_.?"---...."-..:''.i.=,-:L -....,.- -... .,:.=•.:-.L.-..7..3.-z.:-----,,,IA:4,•.--..-74-4 :.:. ,....;...z.i,..•.:-- -,....;.:•,•.,-.. .-4.;•••••7.:•.:4-4-#z.,- -7. -•-,,•••.F,k-iz...;:zii-4.A.,....,-- -•:-----4,-,.:- ":-?•;:-\?-6.--..-, ',..•-•-,...- -,4,4•%:••-•4"--r'+.':.-4;"---"64Z:V.."4,',..-.-.4,;-' .....z.... .....44;.f14.4, z7.,:-,- ----7":--• ,f•-,..7.4%. 7 • . ' -r...'',..t";;;: . , ..:....i.V:20).4-1411k1W:atirei....4.-'I. •- - 2:-., '-- ,.:,„-. :..- -.....:, 7...,.;_. -.a.i.."•-.....,.e.ex...T:.,.,...41.5.1•......4 '-'" :_..f..- 7---- ::.1-'7--. :-..yi.:...4-.:-..-.5:-.i&tegati...Owner.7 -ittName-fikodres's .srCIIMInive-s-titien.fs--- ..,;.;:•°-----ti, '.-..;-,...1t-,..r,-_,-,,c,..-..7gr,T.5.;74-..-.;!.-:-..7-zii-53,,,.-.=',..1_,-;w4-_,,?.-.1--7 riii-74-,:•--„, ..-,----;..a. „-.4.--.„.,,,,,TT.:•.;:-....74.71.„..:,.....„,;.;..,-7-....... .-„,--;.,7-„,,,,-x•-, 7....":;.......;.:„.t7..,--_,--.7..:zt o,,,,_ ".'t......•-• ,,,Z-4,-,34.t.. ....ii--1:•,..r.:•:•.r:,--.2-at'Ll.1---Smetan..%---.:.Driv-e-;.,.Suite=,.300Minne tonka,::::.i 1,11‘L--z--55343 ts--..'-,c...------7' -..74::-.- -..,-F.;.-.--.,:r.!: „:....-_, - :_ 7.-,-.n."7.-s---,t-'1,--•-r-41.1?'.'1•4 -•--- -----mpoimlr•-• ..- .`-s-f-L-,..-7-•'•-- ' t:----.:3 --'•-2-":1-,-J.,;-.-...--t---,..:,-:-, is..*,,..,,c -7_,-1,„,4.1.1. :-....-,-..-:-..-iv•a- ,,,---.2rr-.=,-74.„--7•...,t, ,,,,f-..--,,,:‘,..,- -1...,„ --..t.:,-,.., ,v -,;,- -,-- ,,,, -,2. ...,,.-x-z-.,.-...?..•,,, ."....•--....„-:-.--,---.?,-- --_:---., ..,--.•-;,- Present ._-_, ,:a.. .5qt.,•,.try...1**;-.4.4-et:4.-mov--,2,t9gt-,.2 ,..;.ta.t_-*- --.;.---,;..i.,,,,.:„........;; -... ..,-,,..i.„z5.,..;.- -.4.,.._._ ,....%.W.. . :Use:;cChercET.Approprf.ateBranky....„ ,t144 . ,-,'-:74.77 : 1,-_. .,t- .,A4.-•—•._'-t-a-7-,I•27.:4"7___, ,,.....‘1-----al.,, ...........,-..„--. -....-- ...,-.- ._,..:,..--....,.,-- .--_- z----,---- _-_, - -..---'.-1,7t-111"---,4,4.7,•',,,----' ---,,,,.---,1*,-, .:7.,1---,--,--",-,-.---"---,:.-:,,,,- "".-",,,, -Mi.,,,.....,+,... -7----7-'*- -•'.-!. ':,.:.--_-----,-•-•.:-rr*- •!:,.. - -.:-_,--''.'.'3 'v-'- r.?•..4r1r^,4-;_- ', 1.',"- ';',... .-F..i-,. 1.:-F•1.:7,-,--.,i.-:Tr..-.2-it-wr,..-- --..,67,7.-rel.,,. .--: _17::-.,--„---. . - —.... M •- ----Undeve'opectittacant -ml---------11.1- -_ a.t&z.-r-47,4a,c.- -:-.- .,-,-------7,. -_-. a• ---,..- --•,"-----z. -,, -.;;;,,..€-.. •;z..,-- .-,,f.-.4====.„.1,..,--,,,- n ::,.•---- r.. :,,,, ---..:-..-:_.,=,,.z.:.:;:,..---'...."---=--,----=7"-- .'"'""`;'•';'''''.;."- fn.,''`` ..., , • ‘--,-.--iiiitgftNieteii,-..r----a•-.---. .. ,,, __.,.:...e__;.....t.... -.....1..ev.': -.,-.....,..ftg..154,..4.^...T.: rt,,,,T.4_-_,...,--6- 3--4, li...-,...--4..,... '"-- z4 -'4.-,4,--a.t..t'•-• ,-.4.14,(1' -1'..isii - -4t. •g• ''..-r...<4"="Z*...-' -ntrn u!,!.‘ttezt! ;,./...vTt...,), ra.". --,A7! U....m Af ,aF! ,,,,,,,,..., . i . ,svr.e.,,..„,..,ri;.:, : -4i.,,,,4.....-,,,,, ,s•-,...,,,,,, t-,, ,-.-...p1:,..,,,-;.; ..4.-_,...... ,, -..y, ,4:';'`.4.-4'54,10tArl'Z'7W3-,,2 irattrerq expvejir .- .. ,-- -,4:.-- .-.--,-4„._ .-..,..,-. -0_,.. ,. --_,-,:s.r.,r__nc,44,,,,-.- -;.--. ,...,- :- -m.-- -.4... ',•""----714: 1 4;;-_,.--,s+ ..„...-,,,,,v,;-..--....:,...---...-.-4.:-... 7..-r.,,zi.A...-----.:.--7-,......... ..."--r-a•...... .--..-4.1.,...i-...,,,,,,,----- .;:iii.iri..1.--iiniii-aii .,'..; ..4;.;..-,',-,:-0,,;"--.7.4...Va'i--. .----.,',.--)..,......ii.:-... ..t--.-... ..'t",-,--...,-.,,,,,,,,,,,:,--. - 1,::-..-los;;;w:x--,---.Zsr----,,,.' ,...,,,. .f.,..-T!-„!....f•-r,vr--:."2-:.:„...---...7....,.....,Ir..,-,;„,(,.!..7,,=,...„7.7.7,,--....,,,........--..:---,.......,..-...___.......,........,. .„-,..,,-.....,----.,......................,--....„, _-, .,.,...,,.....,...,.,-,,,,,,,,,-±...4-....,...,,,„.., ,,,-....w.w,-...4.4„,,,,,•,,,,, ,,,,,,,, s,,,,,„,,,,,....‘,,..„,,..,,.."....,A,„.„,,,„,..4, _,,..;,,:...: -...1'' '' ''.' . '''i.' ''. . 4'14"*''' P-' ,,L'?...:1 =""I'''''....4.1.. ''' ' ': '• '-'''''.74,'".:11.,34----1-.....-i--"-. -..i.''.--'----'- pa.,.-.-,-..:,-n•.. -,:,.•=414LEPraysst. -„-.- .,- .,*-..,-,y7r.fe47,---- -.4-1, .. - ,...,-:- 1.-/r.- -.r.-"pk.,-...: 0 ---k•-• -•:.-. ---Aivuk---._.----- ..,,....„4...„..,.. ...4. 1 :-'''',Itsth- ,'-tt41 -tskfter pert •-.14-gasstwrica.r-tom -------- - --., a . - .a.,--. 1_,----°,1_7P'...-raaiv-,-- - '""*. ' •.r'''tj:.tr'. .,:-,1:'*'t':;.,'',..-:',,,-,,....-..--:-..-"..;=,. ".-,' ----- .... ....:___„......_ :,..., ..„... -. :. .t.._•,•-•,.„,.. •_•,_,,_--: •:"-.4. — - ,- — - --' .i...1;,-.-i.-:,•47,..- - Eits--.46:€--.,;•:.Z.—.-.".-:--::1,--:,1-;-:7,77Z,.,7._4-1,--:47-7-.7,-::::—;'._.: *---7-- -- -,--:''.---', --.. --:','-4'te-R!e•i,tr '. 77:=REQUEST-==(EXPtat4VP.leaSSee-tattaCileCitZ.:iw.0:.. if, - .''. -:.:.•'"----•e4et-,4-:-It;z',-/-:-,,.-.;1.4,--e-_7:-:--..-2..--..t.--- „,.., , .. - ---, -. .., ,. .1:5, ---.---:T-:•--v- -.,"- - .... ...:•-.4-:-.-r.••••..... - ••-•.-,-,!77.---------mr•7--'•---'-''-- -'4.--''''',7':- -''''',"'....111".. ----'".•-•.*.....''f"..,+ • . . - :: -7::-- --:'-'--s-.1 t''' -'"- ... ...1.... - '733-/- ' --'6 ' -- .-F!7:47,i..-Fr.',5,1.;;;. 1--- •-••••,. .:::f: . ..--;...•:„..: - &•-• -' -:.'---."' ''', -__."''• -""- '- -7-.7' ",-,,-.--."-:::::•-_,_, .- E• 7-, ---;-2-',-;.,---,....:!,•-- -,...7••..".,..-.•"." tt-..'"--t•-• -..!tp,tlett .0' : „,41111Pr :"--.- • '11 -'are rue.:----: - --firssr .. „. . . • - . . , FOR OFFICE USE ONLY:------'7'7-'-'--•-7- - ':;-•-•• -'-'1'.---: -'5:--=-.-------'---7,---'7-7--,-----•-•--- ------------------ TOTAL__----.,,__.BASE (Base_Fee.T.are,Norr-RefundabT-e)'-' 77.7-'4'-----:-7-'--- -r:-':"-- --'1'-'-7--7----:- - " - ,-----;' -----,---.,:.-:- -'--' - _._ ... ---- - ..„ .. - Subdivision,..--Major`---'7::: $25T,::-: -`---($150)‘:::-- :-- :.-"- -: -:--- -----: TOTAL FEES:PAID"------,,,,s-'-'z'' ---:--I 2-'-- ;'.---.:--- --- --.-- -.'- -v-:".•-_,.: •...4...,,,,..... -.:-.7,,.-. ..;- • 2 - .. Data Paid . . "--------- .-, . _ _. Rezoning . - ..-a;-:,.. $100;-,..--, f'-. ($50);•,-----,'- -- - • '-"-- Recefpt Number----• -- • '"..-..- -' 1- •-..--. ---s.,.„,..._______ -4, _,,,.,, ...,_, ._.:,1--f.,-.7-.-„„-.-:„. - - - !......,...,..,.- _,;. Conditional Use .,-': : •-- - $100: ---•-:':: ($50-)--!- • - - - --=-"i-'; "'` ...._ -- Ei.,--,-,--••.7-.- ,.,, .-. '-z-:-' Variance :::- - -•; -- $75 .--'1 - :-, ($50) - - • . . . .. . . ...... - -r Code Appeal . - ,E. --- $100:":--, -- ($50) - Park Fund Dedication- , _ _ (iteration Permit -T- $150 - - ($5o) --- - Date Paid - --- - . an Review . $100 C$50) Receipt Number ... . ...... _......._ _ .- her . . 7 -± --- ...($50) • , _ _ . ._ - .,.. PLANNING SIGN . ,-..-- - --50. -i•-• ,-.,..-.,- -- - --* Addt't Fees Pard - '---- , '-_,,----:-:,----.;--•: -i74-,.. ..... . ..., . . .... . .. --..-., ct. ...?...-5:.=.-.t. •-,::: . .,.- ..,.- . ----• = ... --,•,•-•- - . ---- - - - 7-1' Date; Pai ,--- --: ------ -, //57/90 . . .,, -;."1.- .,:..7-..• - - -.... ; „ Receipt Number • - _ ...._ ___ . _ . . . . • �Tr�°w tt •A ,•;r"r �!'rt , i ' r J • t.41" t �e p� ya I ` i ;;;S *taSi.";,:t . .laiS yt •s;' rct' r !:t-,•;"'..•:,:.- 7 ,r r r: • J �•• . ' 'rla f �K' {i t i J :;i ' ti \'-t^ 'M,(IXr'•11 li K ;,t•:..,', w , { ' .•i ,r ; •-S } �{ • . to'7t;yt's 111c'9' r 1 1' k w f , Iw 7i. P ;r w t r:1 i:- 1. ab ;:1):::.:i:i:''.5*:::::.''.: ''i •,',:'•,'1..•-•.'•,... . f4 r}';r i N a t; n , . • 4ii+ • Z t+.hr:e ' '',.17-'.1..1;4,.• r? far r• �Y r .b s • "3", • ' t<\ •t Nr t, t • i *e;•./� t .i•' fir• fl;;• a _ '+ ••• -• •• -••••.-.:-..,..,4-z••••.; ,c:".ktit,c.-•'.•.•,. ')1 ':'.., 1,...,-,,e....,;.":- ..„,...,:.,,.....-,-..•••• ‘ • .:••,: :.g * 1:� ,, ./•. ..1• ii.l' aj�a w -1/I.,{P h- • t ,.. "z,.,• • . ,- • 1 �+y �,j� aq}'_�' ".;'..f,).�i.�a,�-{1 f▪� r -.t•. �ry• cL1 1 t r .•• a• ti''a;•T,'••f ik'! V • ?; vr„ {.• a k., —4 t .(•.,r. 0!� r:•• .. .Y a�..tri • - ti •� a ;'•♦ lw° � •7f•_•c•' t t.`r,1, 11 1 -• 41,• .•`S.� .•�•• ,,, W ' I , ••••t.-, r,'�'Y, -...,,•'••,,...-...;.%;-,•,.. • t }+t.e ?t, 1 *• I.,t' LLLLC...i(((( ;t`+�{�. • t� 1• ' t a • .. {1'77 j am: • r Ye. • S1 � ,. ti� i `}r�,r• ;.1 \C.'• Ar. , •J •` J t e .,t.._ 1 .-ti 'tint q ey a 't .. i '` I'.41;;..,.7 '-'57;•••-,•''''.'4/.4::'.. �• `S,r. --a . fy t• . ! • .•a S'4lr n`• '+'if1J '. ' ' 1 {j . - - .....3.-.: : 'l ) a sl -a S t; „ �; , .X• 1 . ti ✓` �ka . ' l` ^ rtV •, ,yt '....• Nf'1.* tia . i7 • r`: ti t''..!;.!1,,,,'..' i t 1 ;t. r , � y V ,i .r.. rn ..4-- i.. r t. . 1 •.! ( tea' �VI ,�s' • . \1 .t♦ .l` Y-0r/.X r •.1 ,� - .. ,) _t yam`, { ,...L.:3.-..., t^> .1J - i t 1. ,7 Y 0.S .. .� - Iv N cu i,ct..-. •• 7.•"'' - ' - -.• ,,) r 7 . Qi . . . # . ....,. ,. ,.21 . ..-. Nr. I t—,., ' ,.,:- - :.;. �• ';,..� - 1 (vim, .� _ { N.,�. �� • sUPEZiftn402i 2b14 0 Co()NT lat) �- • PiiwiNfr APP. Fvia. CANOPY • 2 i' 7 NTS A 1 • J24-HOUR NOTICE REQUIRED FOR INSPECTIONS -,..;..1.-_,----i.:,--,..- r ., -: Y Permit No., ,CITY OF MOUNDS VIEW p -BUILDING APPLICATION : .00l�tgcomc%te numMred wwtcss only .7.-_,:...s.:::...::,,,_-,A; rt �. i -_..s..-.�i1„'� N :, A� 1 -y. x - -�t{ s1�4,,,E, �x Lrt �P.. iSU e'r , e' '.I - Q ---',S-77 41; 'm;i7 •/1','/I✓ y. l _.g; -GArw2 t f Maw .. _ _ .. _. MIII.AOOR[fa _ Et• y r, 2 4Aw%_/^en*cc 4 S ' .s ,xnc 9'S(s'P:erc� ,f3vTlc� �5 T xu�%y r coaTwwcroa �,J.n MAIL Rr� P / M• .--- , s - .MOM[ !a/8e—6 7// ,t AA[MIT[[. O[$INItA _ - !,MA11, AOOC[ta` [M e1M[[• • _ - Cas 57Ta.T o n -:Cort \i rt ,, ' ,s Q r -. 5 Lilts'of work: firgEW ::"_-❑AD01710N 0 ALTERATION 0 PEPAIR 0 MOVE.: --0 REMOVE;w -� = ,``,-, o f 30 '6 Describe work: Bu, ld►nq snon -Ff•Qn T' c Avi. 8 TldnPylons n , i Arch ; Tec Tu -a,1 -re.a. Tore `S rn:Pe..s. on ss T(.5/29na C8e7dPL . % • Change of use from Change of use to _ 7 Valuation of work:S Type nr II Occupancy ,'COnst. I Group ' Division 'Sire of oleo.- No,of _..- Max .. NOTICE (Total)Sq.Ft. Stories occ. Load: ': THE PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC- Fire use Fire Sprinklers TION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR Zone zone .Fire Sprinklers Oyes ONo IF CONSTRUCTION OR WORK. IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WCRK-IS No.of OFFSTREET PARKING SPACES: ,F COMMENCED. Dwefana Units Covered (_Uncovered' I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS TRACT ISLA SOT Mo APPLICATION ANO.KNOW THE SAME TO BE TRUE AND CORRECT. .LEGAL ALL PROVISIONS OF LAWS ANDI ORDINANCES GOVERNING THIS oaten. - TYPE OF WORK WILL DE COMPLIED WITH WHETHER SPECIFIED ' - HEREIN OR NOT. THE GRANTING OF A PERMIT ODES NOT SDlreral Approvals 1 Required I Received Not Requited PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE.PROVISIONS OF ANY OTHCR STATE OR LOCAL LAW REGULATING , i CONST-UC ON OR T_ E PERFORMANCE OF CONSTRUCTION ZONING -. — - p HEALTH DEPT. 9 ' �fr�r .w c —Ji —5 FIRE DEPT. $IGIIATU [Or COM co.TOP Al,TMO1111EEO AGENT tOATE1 .::OIL REPORT ^_ 1 - - OTHER (SpecIfy) I 21 GMATJCL QP 0wr5• t"I OwAE• Gu iL Of AI "....' I _ ..0A TEI - I . SPECIAL CONDITIONS: IMPORTANT TO APPLICANT PLEASE READ `'' '"Q (4.4 SEPERATE PERMITS REQUIRED FOR: PLUMBING # APPLICATION ACCEPTED BT 'PLANS CHECKS 0 BV APPROVED FOR.SSt'•NCf HEATING, VENTILATING3-3/-87 OR AIR CONDITIONING * (.7 _../q-, ELECTRICAL BLACKTOPPING—i CONTRACTORS LICENSE Yes o pendg ;7-•:" 6 ':.TER 4 " .'LRM:T FEE _ $ 1,0.0-0 THIS IS At APPLICATION ONLY PLAN CHECK FEE - _� • tiE PERMIT WILL BE ISSUED AFTER — - �'�"�^^"==�- S.W.M.CHARGE -- i REVIEWAL OF THE APPLICATION. TOTAL FEE s �!O.OJ D c r c t n T a 1 2 i../_a • STAFF MEMO TO: PLANNING COMMISSION FROM: JOYCE PRUITT, ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 11, 1996 RE: DISCUSSION RELATING TO A PROPOSED ORDINANCE AMENDMENT FOR AMENDING CHAPTER 1006, ENTITLED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT. Former City Clerk-Administrator Harrington was working with Duane and Donna Waldoch of 2935 Highway 10, regarding the City's foster care ordinance. The 2935 Highway 10 property is currently zoned R-3 Medium Density Residential, which allows foster care as a permitted use. The Mounds View Municipal Code currently states: "Boarding (house) home; foster children: Restricted to a family dwelling in • which children out of their own homes, ages sixteen (16) years or under, or in the case of mental retardation, age twenty one (21) or under, are cared for twenty four (24) hours a day for a period of thirty (300 days. The number to be cared for in one foster child boarding (house) home shall not exceed twelve (12), including the foster family's own children." Chapter 462 of the Minnesota Statute allows for a state licensed residential facility, such as a group foster home, serving six or fewer persons as a permitted single family use. The Waldoch's find the Mounds View Code restricting the ages of the children they can provide foster care to and how long they can provide foster care to each child. Upon Attorney Long's advice, and in compliance with the State Statutes, the Waldoch's are allowed by the City of Mounds View to provide care for six or fewer persons for foster care at their home. Attorney Bob Long has drafted an ordinance for the City of Mounds View reflecting the statute requirements for your review and consideration. This ordinance may be revised to provide for additional considerations and definition changes as necessitated by the Municipal Code. The Waldoch's would like the City of Mounds View to consider allowing more than six children for foster care at their premises. Attorney Bob Long will be present at the April 17, 1996 Planning Commission Agenda Meeting to discuss the issue of permitting additional foster children in a home and address any other questions you may have. • Mr. Waldoch has said he will be present to discuss his request to allow more than six foster care children for residential properties within the City. APR 12 '96 15:43 KENNEDY & GRAVEN P.6 • • • ORDINANCE NO. • • CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1106, ENTITLED R-1 SINGLE-FAMILY • RESIDENTIAL DISTRICT The City Council of Mounds View does hereby ordain: Section 1. Section 1106. 02, is amended to read as follows: • j 1106.02: Permitted Uses ; The following are permitted uses in an R-1 District: Subd. 1. Single-family detached dwellings . 1 mental retardation, ago twenty ono (21) or under, aro • thirty (30) days- The number to bo oared for in ono twelve ( 13) , including tho footer family'c own chi14 en. Day caro heme4 res.trietod to a family dwo1li g in provided duriag part of a 4ay (low- than, 24 hoe-rc) with for in ono day earn home shall not exceed twolvo ( 12}, including tho family's own children. Subd. 2. Permitted single-family uses allowed under Minnesota Statutes 462 .357, Subd. 7 as follows : a. A state licensed residential facility serving six or fewer persons; b. A licensed day care facility serving 12 or fewer persons; c. A group family day care facility licensed under Minnesota Rules, parts 9502 .0315 to 9502 . 0445 to serve 14 or fewer children. PB0102941 )su1ss-4'a APR 12 '96 15:44 KENNEDY & GRAVEN P.7 Residential facilities whose primary purpose is to • treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 3. Essential services . Subd. 4. Public parks and playgrounds. Sec. 2. This ordinance shall take effect thirty days after the date of its publication. Read by the City Council of the City of Mounds View on the 22nd day of April, 1996. Read and passed by the City Council of the City of Mounds View this day of 1996. • Mayor (SEAL) ATTEST: • Clerk-Administrator APPROVED TO AS FORM: City Attorney PBO1o294 • 1U125-44 STAFF MEMO • TO: Planning Commission From: Joyce Pruitt, Acting Community Development Director Date: April 11, 1996 RE: Adult Use Ordinance Issues Following the April 3, 1996 Planning Commission meeting, Jim Thomson to discuss the three issues raised by staff contacted City used Adult Use Ordinance. The typos the Commission on the proposed within the ordinance have been corrected as requested, and the revised Adult Use Ordinance No. 574 Listed below are the questions staff understood is attached for your review. addressed. Attorney Thomson's responses have a Planning Commission would like questions, perhaps we can address them with CityAttor been pryvided. If you have further present at the April 17, 1996 Planning neo Bob Lon Commission Agenda meeting.g� who will be Commi 1• The Planning Commission raised a concern the correlation to organized crime. regarding absentee landlords and • the absence of a provision to prohibit absentee onraised a concern regarding Ordinance. landlords within the Adult Use 1A. Mr. Thomson replied that although studies have been linked to organized crime, the Adult Usehown that absentee landlords closely related to First Amendment rights. Amendment rights, a City may onl issuesOrdinancert g to Fir regulates issues 9 With relating to First adult use businesses. --Y provide stipulations on issues relating to Therefore, the issue of absentee landlords cannot be addressed within this Adult Use Ordinance. 2. The Planning Commission raised concerns over the lack of language addressing single use versus multiple uses within an adult use 2A. It is Mr. Thomson's opinion that we establishment. ordinance, and that it would be more appropriateId not define multiple uses within this the proposed licensed massage therapist ordinan rdactregulate feeling multiple a i f within adult establishment provides adult books, movies e. His is that if an and clothing itwould difficult to legally define what principle use (adult t shop) the establishment would be. movies, bookstorreeorrbe too clothing establishment would allow a masseuse to'operate inoncern that an adult ordinance (regulating licensed massage therapists) is prohibit licensed massage therapists the adult use business.iwillAn to operate in an adult establishment.being h which This • • Staff Report for Adult Use Ordinance For April 17, 1996 Planning Commission Agenda Meeting Page Two of Two proposed ordinance will be forwarded to you for your review and consideration in the future. 3. The Planning Commission noted that a study cited negative impacts diminish if an adult establishment is located more than 300 blocks away, and was concerned how the provision of 500' from protected uses within the Adult Use Ordinance relates to this study. 3A. Mr. Thomson noted that this was only one study and he was unaware of the length of the blocks noted in the study. This three blocks, is not a steadfast rule which a City has to abide by in order to diminish impacts. Basically, Mr. Thomson noted the City legally has to provide areas for an adult use to locate. Most cities have allowed adult use establishments to locate anywhere within 250 feet to 1,000 feet from protected uses. Attorney Thomson is comfortable that the provision of 500 feet from protected uses will be able to protect our residential neighborhoods, churches, parks and schools and be a defensible standard in a court of law. • • ORDINANCE NO. 574 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE REGULATING ADULT ESTABLISHMENTS, PREMISES CONDUCIVE TO HIGH RISK SEXUAL CONDUCT, ADDING CHAPTERS 512 AND 607 AND AMENDING CHAPTERS 1113 AND 1116 OF THE MOUNDS VIEW CITY CODE The Council of the City of Mounds View does hereby ordain: SECTION I. Title 500 of the Mounds View City Code is amended by adding a new chapter to read: chapter Si 2 - Adult Establishments 512.01. Findings and Purpose. Studies conducted by the Minnesota attorney general, the • American Planning Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Alexandria, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. Based on these studies and findings, the City Council concludes: (a) Adult establishments have adverse secondary impacts of the types set forth above. (b) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by locational requirements, licensing requirements and health requirements. (c) It is not the intent of the City Council to prohibit adult establishments from having a reasonable opportunity to locate in the City. (d) Minnesota Statutes, Section 462.357, allows the City to adopt regulations to promote the public health, safety, morals and general welfare. (e) The public health, safety, morals and general welfare will be promoted by the City adopting regulations governing adult establishments. Ordinance No. 574 Page 2 • 512.03. Definitions. Subd. 1. The following terms have the meanings g1Ven them below. Subd. 2. Adult Establishment. A business engaged which utilizes any of the following in any of the following business Procedures or practices: . activities or (a) A business that is conducted exclusively for the patronage are specifically excluded from of adults and as to which are business, except patronage, either by operation of law or by the owners of sucy business licensed under Chapters 501, 502 and 503 of the MohnbsView City Code; or (b) Any business that has (1) at least 30 percent of its inventory, displayed merchandise, or (2) stock and trade or publicly including storerooms, stock at least 30 percent of the floor area of the business (not not the public) devoted-to areas, menu or any not open tozed by portion of the business or other materials distinguished or characterized an emphasis on material depicting, exposing, relating to specified sexual activities or pi g, describing, discussing or specified anatomical areas; or (c) Any adult use as defined in subdivision 3 of this section. Subd.3. Adult Use. An adult use is any of the activities and businesses described (a) Adult Bodypain • below: ting Studio: An establishment or business which provides the se applying paint or other substance, whether transparent or non-trap body of a patron which such person is nude. sParent, to the body of (b) Adult Bookstore: An establishment or business used for the consisting or printed matter, barter, rental or sale of items picture film if such business pictures,is not n slides, records, audio asses of the public, excludingsiness Pe to thepublic generally tape, videotape,one motion g y but only to percentor more of the '� - � . _ any minor b r-• _• • ' ' .1 • • • •e or publicly displayed merchandise, or east 0 percent of the floor area of the business (not includingsto ( ) at least 30 basements or any portion of the business not open to public)tock areas, bathroomsis devoted to items, merchandise or other material distinguished and characterized by an emphasis on the depiction or description of"speed sexsexualPec activities" or "s ifi ed anatomical area." (c) Adult Cabaret. A business or establishment thatr entertainment to patrons if the p ovides dancing or other live entacte dancing and live entertainment d by an emphasis on the presentation, display, is distinguished and depiction of matter that seeks or de to evoke, arouse or excite the patrons' sexual or erotic feelings sire. Ordinance No. 574 . Page 3 (d) Adult Companionship Establishment. A business or reason of age, and whiche establishment that excludes minor by talk or digession bewepn an employee service of engaging in or listening to conversation, service is distinguished of the establishment and a customer, if such "specified or characterized by an emphasis on "specified sexual activities" or anatomical areas." (e) Adult Conversation/Rap Parlor: A business or establishment th reason of age, and which provides the at excludes minors by services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized b an "specified sexual activities" or "specified anatomical areas". Y emphasis on (f) Adult Health/Sport Club: A health/ sport club which excludes minors by reason of age, if such club is distinguished by characterized or "specified anatomical areas by an emphasis on specified sexual activities" (g) Adult Hotel or Motel: A hotel or motel from which minors patronage and where material is presented which is distinguiished andfilcharaec�luded from emphasis on "specified sexual activities" or "specified anatomical areas". razed by an (h) Adult Massage Parlor, Health Club: A massage minors by reason of age, g Pallor or health club which restricts distinguished and c and which provides the services of massage, if such service is "characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (i) Adult Mini-Motion Picture Theater: A business or establishment ment with a capacity for less than 50 persons used for characterized by presenting material if such material is distinguished and an emphasis on matter depicting, describing or relating to "Specified sexual activities" or "specified anatomical areas." (j) Adult Modeling Studio: A business or establishment that provides customers figure models Provided with the intent or providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Motion Picture Arcade: Any place to which the public is coin or slug-operated or electronically, electrically or mechanicallypermitted or invited where still or Y controlled or operated portion picture machines, projectors or other image-producing devices are maintained to show images to five or few ns per machine at any one time,the images so displayed are distinguished characterized by an emphasis on and where • or describing "specified sexual activities" or "specified anatomical Pcal areas." depicting Ordinance No. 574 Page 4 . (1) Adult Motion Picture Theater: A motion picture theater with a capacity of 50 or more persons used for presenting material if such theater as a prevailing practice excludes minor by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (m) Adult Novelty Business: A business which has (1) at least 30 percent of its inventory, stock and trade or publicly displayed merchandize, or (2) at least 30 percent of the floor area of the business (not including storerooms, stock areas, bathrooms, basement or any portion of the business not open to the public) devoted to items, merchandise or other material or devices which stimulate human genitals or devices which are designed for sexual stimulation. (n) Adult Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (o) Adult Steam Room/Bathhouse Facility: A building or portion of a building used for • providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". Subd. 4. Nude or Specified Anatomical Areas: (a) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Subd. 5. Specified Sexual Activities. (a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or • conduct: anilingus, bugger, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or • Ordinance No. 574 Page 5 (b) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or (e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engage in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (f) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (g) Human excretion, urination, menstruation, vaginal or anal irrigation. 512.05. 'Location. No adult establishment may be located within 500 feet of a residential • zoning district, park, school, church, library or commercial day care center or within 500 feet of another adult establishment. Distances shall be measured from the nearest point of the building where the adult establishment is located to the nearest boundary of the residential zoning district orof the property containing a park, school, church, library, commercial day care center or other adult establishment. 512.07. Hours of Operation. No adult establishment may be open to the public between the hours of 1:00 a.m. and 10:00 a.m. 512.09_ Additional Conditions for Adult Cabarets. The following additional conditions apply to adult cabarets: (a) No owner, operator or manager of an adult cabaret shall permit or allow any dancer or other live entertainer to perform nude. (b) No dancer, live entertainer, performer, patron or any other person shall be nude in an adult cabaret. (c) The owner, operator or manager of an adult cabaret shall provide the following information to the City concerning any persons who dance or perform live entertainment at the adult cabaret: The person's name, home address, home telephone number, date of birth and any aliases. Ordinance No. 574 Page 6 • (d) No dancer, live entertainer or performer shall be under 18 years old. (e) All dancing or live entertainment shall occur on a platform intended for that purpose and which is raised at least two feet from the level of the floor. (f) No dancer or performer shall perform any dance or live entertainment closer than 10 feet to any patron. (g) No dancer or performer shall fondle or caress any patron and no patron shall fondle or caress any dancer or performer. (h) No patron shall pay or give any gratuity to any dancer or performer. (i) No dancer or performer shall solicit any pay or gratuity from any patron. 512.11. License Ren iireut. Subd. 1. No person shall own or operate an adult establishment without having first secured a license as provided for in this subsection. Subd. 2. Application: The application for an adult establishment license shall be submitted_-; 110 on a form provided by the City and shall include: (a) If the applicant is an individual, the name, residence, phone number, and birth date or the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than five (5) percent of the issued and outstanding stock of the corporation. (b) The name, address, phone number, and birth date of the operator and manager of such operation, if different from the owners. (c) The address and legal description of the premises where the adult establishment is to be located. (d) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or adult business by the applicant, operator or manager and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five (5) percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. • • Ordinance No. 574 Page 7 (e) The activities and type of business to be conducted. (f) The hours of operation. (g) The provisions made to restrict access by minors. (h) A building plan of the premises detailing all internal operations and activities. Subd. 3. License Fee: (a) The annual license fee is $500. (b) Each application for a license shall be submitted to the City Administrator and payment made to the City. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the City shall refund the license fee. (c) All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing such fee, any unexpired fraction of the month shall be counted as one (1) month. (d) No part of the fee paid by any license shall be refunded, except that a pro rata portion of the fee shall be refunded in the following instances upon application to the City Administrator within thirty (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license: (i) Destruction or damage of the licensed premises by fire or other catastrophe. (ii) The licensee's illness. (iii) The licensee's death. (iv) A change in the legal status making unlawful for licensed business to continue. (e) Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will • be grounds for denial or revocation or a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Council by the applicants) or licensee. If said changes take place during the Ordinance No. 574 Page 8 • investigation, said data shall be provided to the Police Chief or the City Administrator in writing and they shall report the changes to the City Council. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of the license. Subd. 4. Investigative Fee: Subd. 1. The investigative fee for an adult establishment license shall be determined as follows: (a) Upon applying for the license, the applicant shall pay $500 per person identified on the application as an owner, operator or manager. (b) If it appears that the investigative costs will exceed $500, the City Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant shall either make an additional deposit equal to the difference between $500 and the total estimate, or shall withdraw the application. If the additional deposit is not paid within 14 days, the application shall be deemed withdrawn. (c) If the costs of administration, issuance and investigation are less than the deposit, the balance shall be refunded upon the issuance or denial of the license. No license shall be issued until the applicant has paid the entire cost of administration, issuance and investigation. Subd. 5. Granting of License: (a) The City Administrator and Police Chief, or such persons as they shall designate, shall complete their investigation within thirty (30) days after the City Administrator receives a complete application and all license and investigative fees. (b) If the application is for a renewal, the applicant shall be allowed to continue business until the Council has determined to renew or refuse to renew a license. (c) If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this subsection, then the license shall be issued by the City Council within thirty (30) days after the investigation is completed. Otherwise the license shall be denied. (d) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. All • • Ordinance No. 574 Page 9 adult establishments existing at the time of the adoption of this subsection shall be required to obtain an annual license. Subd. 6. Persons Ineligible for License. No license shall be granted to held by any person: (a) Under twenty-one (21) years of age; (b) Who is overdue or whose spouse is overdue in his or her payment to the City, county or state of taxes, fees, fines or penalties assessed against them or impose upon them; (c) Who has been convicted or whose spouse has been convicted of a gross misdemeanor or felony or of violating any law of this state or local ordinance relating to sex offenses, obscenity offenses or adult establishments. (d) Who is not the proprietor of the establishment for which the license is issued; • {e) Who is residing with a person who has been denied a license by the City or any other Minnesota municipal corporation to operate an adult establishment, or residing with a person whose license to operate an adult establishment has been suspended or revoked within the preceding twelve (12) months; (f) Who has not paid the license and investigative fees required by this subsection. Subd. 7. Place Ineligible for License: (a) No license shall be granted for adult establishments on any premises where the applicant or any of its officers, agents or employees has been convicted of a violation of this subsection, or where any license hereunder has been revoked for cause, until one (1) year has lapsed after such conviction or revocation. (b) No license shall be granted for any adult establishment which is not in full compliance with the City Code, the City's Zoning Ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of the state and federal law. Subd. 8. Conditions of License: (a) Every license shall be granted subject to the following conditions and all other provisions • of this subsection, and of any applicable sections of the City Code, the City's Zoning Ordinance, the Building Code, the Fire Code, the City's Health Regulations and all provisions of state and federal law. Ordinance No. 574 Page 10 • (b) All licensed premises shall have the license posted in a conspicuous place at all times. (c) No minor shall be permitted on the licensed premises. (d) Any designated inspection officer of the City shall have the right to enter, inspect, and search the premises of a licensee during business hours. (e) .Every licensee shall be responsible for the conduct of his/her place of business and shall maintain conditions of order. (f) No adult goods or material services shall be offered, sold, transferred, conveyed, given displayed, or bartered to any minor. Subd. 9. Penalty: (a) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. • (b) Any violation of this section shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the City Council proposes to revoke or suspend the license, the licensee shall be notified in writing of the basis for such proposed revocation or suspension. The Council shall hold a hearing for the purpose of determining whether to revoke or suspend the license, such hearing shall be within thirty (30) days of the date of the notice. (c) The City Council shall determine whether to suspend or revoke a license within thirty (30) days after the close of the hearing or within sixty (60) days of the date of the notice, whichever is sooner, and shall notify the licensee of its decision within that period. Subd. 10. Right of Appeal: (a) In the event that the Council determines to suspend, or revoke a license, such suspension or revocation shall not be effective until fifteen (15) days after notification of the decision to the licensee. If, within that fifteen (15) days, the licensee files and serves an action in state or federal court challenging the Council's action, then the suspension or revocation shall be stayed until the conclusion of such action. (b) If the City Council determines not to renew a license, the licensee may continue its business for fifteen (15) days after receiving notice of such non-renewal. If the licensee . files and serves an action in state or federal court within the fifteen (15) days for the • Ordinance No. 574 Page 11 purpose of determining whether the City acted properly, the licensee may continue in business until the conclusion of the action. (c) If the City Council decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within fifteen (15) days for the purpose of determining whether the City acted properly. The applicant shall not commence doing business unless the action is concluded in its favor. Sec. 2, Title 600, of the Mounds View City Code is amended by adding a new chapter to read: Chapter f)07 - Premises Conducive to High-Risk Sexual Conduct 607.01. Purpose. The purpose of this section of the City Code is to prescribe regulations governing commercial premises, buildings, and structures that are conducive, by virtue of design and use, to high-risk sexual conduct which can result in the spread of sexually transmitted diseases to persons frequenting such premises, buildings, and structures. • 607.03. Findings of the City Council. The City Council of the City of Mounds View makes the following findings regarding the need to regulate commercial premises, buildings, and structures that are conducive to the spread of communicable disease of danger to persons in order to further the substantial interest of public health. (a) The experience of other cities establishes that certain commercial premises, buildings, and structures, or parts thereof, by reason of the design and use of such premises, buildings, or structures are conducive to the spread of communicable disease of danger to persons frequenting such premises, buildings, or structures, as well as to the general public, and • . • - • • :Kr l •1 i • • 1 :1- t r• - r:11.• 1 i'��w`" • 6.-1.' ' ��: regulating such commercial premises, buildings, and structures. (b) The experience of other cities where such commercial premises, buildings, and structures are present indicates that the risk of spreading the sexually transmittable disease of Acquired Immune Deficiency Syndrome (AIDS) is increased by the presence of such premises, buildings, and structures, because the design or use of such premises, building, and structures, or parts thereof can facilitate high-risk sexual conduct. (c) Medical publications of the Center for Disease Control of the United Stated Department of Health and Human Services indicate that the sexually transmittable disease of AIDS is 111 currently irreversible and uniformly fatal. Medical research has further established that the risk factors for obtaining or spreading AIDS are associated with high risk sexual conduct. Ordinance No. 574 Page 12 • • 607.05. DefinitionR. The following words and phrases when used in this section shall have the following meanings unless the context indicates otherwise: (a) Booths, stalls, or partitioned portions of a room or individual room: (i) enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct, or (ii) enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual room" does not mean enclosures which are private offices used by the owners, managers or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. (b) Doors curtains or portal partitions: full, complete, non-transparent closure devices through which one cannot see or view activity taking place within the enclosure. • (c) Ha7ardnus site: any commercial premises, building or structure, or any part thereof, which is a site of high-risk sexual conduct as defined herein. (d) High-risk sexual conduct: (i) fellation; (ii) anal intercourse; and/or (iii) vaginal intercourse with persons who engage in sexual acts in exchange for money. (e) Open to an adjacent public morn so that the area inside is visible to persons on the adjacent public room: either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. (f) Public health official: an agent or employee of the City charged with the enforcement of the state or local health laws. 607.07. Public Health Regilations. Subd. 1. No commercial building, structure, premises or part thereof, or facilities therein shall be so constructed used, designed or operated in the City for the purpose of engaging in, or permitted persons to engage in, sexual activities which include high-risk sexual conduct. • Ordinance No. 574 Page 13 • Subd. 2. No person shall own o commercial building, rs premises operate, manage, rent, lease, or exercise , or portion or part thereof in the Ci control of any (a) Partitions between subdivisions of a room, �� which contains: prmispremises having an portion or part of a building, eaperture which is designed or constructed to facilitate sexual including but not limited structure or persons n either side to vaginal intercourse, anal intercourse activity, e Partition. , or fellatio, between (b) "Booths, stalls, or ed herein which have is honed portions of a room or individual room" stalls, cors, curtains or Portal as partitioned Partitions" as defined herein unless such booties portions of a room or individual room have at least one sed adjacent public room mom defined herein.so that the area inside is visible toa ont uo an is room ane sBooths' stalls, and/or personstionsin too adjacent public open to an adjacent partitioned portions of a room or individual room that in thepublic room shall be lighted used for viewing in a manner persons from the area u adjacent public rooms motion pictures or other forms that the visibleto prevent the viewing , but such lighting shall not eoof such int nsi t are of the motion pictures or other offered entertainment. 607.09. Exceptions. The re or structures that are regulations set forth in this SeCtion shall not apply III complexes,buildings, condominiums, t are lawfully ooperating and licensed as hotels, mo y to premises, health and sanitation r boarding houses which are subject to others� apartment requirements under state and local law. general 607.11. Health Ffnrrp.+.o.,r or any other section of this Code relating . Subd. 1. In exercising powers conferred by this Y the most recent instructions, opinions and guidelines f the Center Ptiblic Health Official Control of the United States of infectious diseases. giant of Health and Human Services which re ateof Disease to the spread Subd. 2. In ord- - Health O " •" nif i e source of the infection (ficial, and persons under the Public Healthand reduce its spread, full power and authority Official's direction and control, shallPublic cull power building,auty to inspect or cause to be acture or premises orinspected, and to issue orders regarding is have sexual conduct. If the Publico any partthereof, which mayany seexual then Public Health Official shall declarelit determines that a hazardous be a site of high-risk nuisance th hazardsite andas defined herein and shall then: be a public health public health (a) Notify e manager, owner, or tenant of the hazardous parse belief that the premises, building or structures a hazardousePublic Health�as Official site as defined • Ordinance No. 574 Page 14 . (b) Issue two written warnings at least ten (10) days apart to the manager, owner, or tenant of the premises stating the specific reasons for the Public Health Official's opinion that the premises, building, or structure is a hazardous site as defined herein. (c) Once such notices and warnings have been issued, the Public Health Official or the Public Health Official's appointee shall proceed as follows: (1) After the manager, owner or tenant of the premises has been notified in writing as to the basis of the Public Health Official's determination, the manager,'owner or tenant shall have ten (10) days from the date of the last warning to request a hearing before the Public Health Official or the Public Health Official's appointee for the determination as to the existence of such hazardous site. If the manager, owner or tenant of the premises does not request a hearing within ten (10) days of the date of the last warning notice, the Public Health Official shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site and the Public Health Official shall cause orders to be issued to the manager, owner or tenant of the premises constituting the hazardous site to take specified corrective measures to prevent high-risk sexual conduct from taking place within the premises.._-:- - • (2) If the manager, owner, or tenant of the premises requests a hearing, the hearing shall be held before the Public Health Official or the Public Health Official's appointee at a date not more than thirty (30) days after demand for a hearing. After considering all evidence, the Public Health Official or the Public Health Official's appointee shall make a determination as to whether the premises • constitute a hazardous site, as defined herein and issue a decision based upon all hearing evidence presented. If the Public Health Official or the Public Health Official's appointee makes a determination that the premises constitute a hazardous site, the Public Health Official shall then issue orders to the manager, owner, or tenant of the premises to take corrective measures to prevent high-risk sexual conduct from taking place within the premises and cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. (3) If, within thirty (30) days from the issuance of the orders to the manager, owner, or tenant of the hazardous site, the Public Health Official determines that such corrective measures have not been undertaken, the Public Health Official may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction, or may secure a court order for the closure of the premises • Ordinance No. 574 • Page 15 constituting the hazardous site until the premises, building,compliance with the regulations set forth in Section 9.14 of thissis it 607.13. .Criminal section. ecticionon..PP., ��: person who removes, destroys or defaces prson violating any provision of this chapter or any Official pursuant to this chapter shall be warnings iposted sd on premises by guilty of a misdem the Public Health eanor. Sec. 3. Section 1113.02 Subd. 2 is amended b and Section 1116.02 of the Mounds View Y adding the following provision: City Code Adult establishments as defined and regulated in Chapter 512 of Sec. 4. F.ffPr++.,v n . the City Code. publication. • This ordinance shall take effect thirty days after the date of its 1996. Read by the City Count of the City of Mounds View this day of Read and passed by the City Council of the City of Mounds • View this day of Mayor ' ATTEST: Clerk-Administrator (SEAL) APPROVED AS TO FORM: • City Attorney