CCP 01-25-1999 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 6 placing setback requirements; however, it cannot regulate to tlJe extent where such business e could not operate. Mr. Ringwald noted that tlJe City would have to provide detailed findings supporting the cost of the licensing. Acting Chair Rye asked what tlJe licensing fee would be for a business to open once the Ordinance is approved. Mr. Ringwald stated that tlJe licensing fees in tlJe metro area range from $1,000 to $5,000. Mr. Miller stated that the licensing fee includes costs for an initial investigation and a criminal background check. These costs can run upwards of $5,000 annually. Commissioner Duchenes noted tlJat tlJere is an Assembly of God Church located on tlJe other side of Lexington Avenue and Grey Fox Street in Shoreview. She asked how tlJe distance requirement from sensitive users is interpreted with regard to this location. Mr. Ringwald explained that tlJe boundary of Arden Hills is the center line of Lexington Avenue. The City of Arden Hills cannot control tlJe zoning jurisdiction of any area outside the City limits. Commissioner Duchenes suggested that the location requirements within the Ordinance include day care centers. She noted, however, that she was not sure if the B-4 Zoning District would permit a day care. Mr. Ringwald stated that small day care centers are permitted in the Residential Zoning District. Larger day care centers are allowed in any otlJer non-Residential Zoning District. Mr. Ringwald suggested that Staff would look into this issue further. e Commissioner Galatowitsch pointed out that the land designated for adult use at Bethel College is really not usable unless the College is willing to sell off some of the land for this use. She asked if the Ordinance would stand this sort of challenge. Mr. Ringwald stated that this obstacle would be no more tlJan tlJat experienced by other businesses. An adult use business would have the same ability to purchase a parcel at Bethel College as tlJey would a parcel on Dunlap Street. Commissioner Galatowitsch asked if the intent of the Ordinance may look suspicious if an area designated for adult use is located on a church related carnpus. Mr. Miller stated that the Courts have decided to leave the practicalities of an individual to locate in an area up to the market. The City does not have to guarantee that the location would be immediately available, it simply must guar;mtee tlJe option of a location being available. Acting Chair Rye asked, if an adult use business opened under tlJe Ordinance and, a month later a day care were to open within 1,000 feet oftlJe adult use business, would this create a non- conforming use. Mr. Ringwald stated not at this point since day cares are not regulated. Even if day cares were regulated, he was not sure if it would be considered a legal non-conforming use until the situation was changed. Mr. Miller stated that tlJe City carmot pull a license in the middle of the year. He noted that if a day care were opened in an area which eliminated the availability of the area for adult use, the City would have to provide another area for the adult use. Commissioner Baker asked iftlJe Ordinance would allow tlJe City to require a business, which ... has some adult uses and claims them to be under the 25% limit of the gross receipts, to open their .- financial books for review. Mr. Miller stated that this issue could be addressed in the licensing area. Commissioner Baker asked what would happen if the business were to claim they do not need a licensee. He suggested, if the City felt the business were reaching the threshold and tlJe