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7/17/2007 1:11:32 PM
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<br />Mayor and City Council Members <br />City of Roseville <br />September 29, 2000 <br />Page 3 <br /> <br />and should disapprove of the coJ1ditional use pennit because, as a practical matter, an <br />existing parking deficiency will be made much worse. <br /> <br />B. 1.500 Foot ~etback. <br /> <br />Mr. Jamnik has indicated that Chapter 303, which regulates "amusement <br />devices, areas or game room business" is not applicable to this proposed operation, since <br />a differeDt city ordinance (Chapter 304) specificaUy regulates gambling operations. I <br />disagree with his wterpretation. Nevertheless if Chapter 303 does not legally require a <br />1500 foot setback, the Council stiU can and should apply this setback requirement in <br />evaluating a gambling proposal, when it is required to be approved as a conditional use <br />permit. Obviously, as argued in my previous correspondence, if a. 1500 foot setback from <br />churches, schools and residences is appropriate for a 9-game video center, it certainly is <br />also appropriate for a 300 seat gambling operation. Because of the close similarity of a <br />gambling operation to the "amusemel1t devices" regulated by Chapter 303, the City <br />should be guided by its own st8Ildards and values, as reflected in its requirement of a <br />1500 setback. Therefore, the City shou1d deny thi5 conditional use permit application <br />because it is so close to adjoining residential areas, schools and churches. <br /> <br />C. Violation of Comprehensive Plan. <br /> <br />As indicated in my previous correspondence, the gambling center is not <br />compatible with the Comprehensive Plan requirements for Hamline Center. The City <br />cannot and should Dot approve, as a. conditional use, a gambling operation which wiH <br />convert thjs Center into a "destination" shopping center, instead oftbe neighborhood <br />shopping center and residential use required by the Comprehensive Plan. At the very <br />least, it should only be approved as part of a comprehensive redevelopment plan for the <br />Center and the adjoining Arona area. <br /> <br />m. Compliance 'Yith 24-IJou.r Ordinance. <br /> <br />There are two issues with respect to the 24-hour use ordinance which I hope the <br />Council will address in detail. <br /> <br />First, there js some question as to whether the Jighting requirements are or wiU be <br />complied with. I have enclosed a copy of a memo whjch we found in the City files, <br />which I believe was provided by the developer. It indicates that the developer "cannot <br />add or relocate lighting to make 100% compliance. The cost for the minimal addition is <br />prohibitive" (paragraph 3). Obviously, since lhis memorandum may be two or three <br />weeks old, circumstances may have changed. Nevertheless, we hope the Council will <br />investigate this with Staff. <br /> <br />[[Iv d 6S98gv~99S 'ON/6v: 8! 18/29: 8 [ 00,62 '60 (IH-i) <br /> <br />WOH.~ <br />
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