PL MINUTES 05201986 - Laserfiche WebLink

Home Browse Search

-2- • 1 been transferred. However, Mr. Peltier said, he was certain a family-oriented 2 business like his would be unlikely to deal in anything which could jeopardize 3 that clientele. Mr. Childs indicated he perceived the intent had always been 4 to grant permits to the businesses themselves -and not to store managers who 5 are subject to change from time to time. 6 7 There was no one present to object to the permit and the hearing was closed at 8 7:45 P.M. 9 10 Motion by Commissioner Jones and seconded by Commissioner Wagner to recommend 11 the Council grant a conditional use permit for the rental of video tapes and 12 equipment to the Apache Country Store at 2508 - 38th Avenue N.E. under the 13 following conditions: 14 15 1 . There would be no viewing of tapes i,n the store, except for the bona fide 16 demonstration of tapes and no viewing visible from outside the store. 17 18 2. The proprietors must comply with all state laws relating to obscenity and 19 to any ordinance of the City of St. Anthony thereafter relating to obscenity. 2.0 21 3. Conviction of the owner or any of the employees of the owner for violation of 22 obscenity laws in the operation of the store would be grounds for revocation 23 of this permit by the City Council . 24 25 In recommending the Council grant this permit, the Planning Commission finds that: 26 • 27 1 . All three questions in the application which are required by statute to be 28 answered affirmatively, had been done so by the applicant and accepted by 29 the Planning Commission; 30 31 2. Similar permits had been granted to five other St. Anthony businesses prior 32 to this request; and 33 34 3. No objections to the permit had -been expressed either to the staff prior 35 to the hearing or during the Commission hearing . 36 37 Motion carried unanimously. 38 i 39 At 7:5:2 P.M. Chair Franzese opened the hearing to consider the request from James 40 Nesser and Cheryle Clancy fora five foot variance to the City ordinance require- 41 ment for 25 foot rear yard setbacks which would allow them to construct the new 42 home they proposed at 2801 St. Anthony Boulevard in alignment with the average 43 40 foot front yard setback maintained by other residences on that street. 44 45 The notice of the hearing which-was read aloud by the Chair had been sent to 46 all property owners of record within 200. feet of the subject property at the 47 same time it had been published in •the Bulletin, May 6th, and there was no one 48 present who reported failure to -receive the notice or objected to its content. 49 50 As he had advi-sed 'in his May 12th memorandum,; Mr. Childs reiterated that if the 51 garage the applicants proposed to build onto their home were detached, it could • 52 be sited within three feet of their rear lot line, which might indicate the i 53 ordinance- itself had caused the "hardship" for the applicants to maintain the 5.4 same front yard alignment as the rest of the homes on St. Anthony Boulevard. 55