6 PCSR 07-27-1993 - Laserfiche WebLink

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CUP, Mark C. Palmer Page 2 July 14 , 1993 110 ordinance, the location of businesses where firearms are sold. . . " In other words, the City could pass an ordinance that has locational standards where the sale of firearms can and cannot occur. An example may be, a minimum distance from schools, public buildings, or churches that the sale of firearms can occur. However, before taking this approach, consideration needs to be given to the number of people and businesses that may be affected by such an ordinance. As a point of information, ATF has issued a total of eighteen ( 18) Type 1 licenses to residents and business in the City of Elk River. Of those eighteen ( 18) , thirteen ( 13) are issued to applicants in residential areas . The City has no information whether these people are selling firearms at their residence. However, there have been no complaints from surrounding residents regarding retail activity. ANALYSIS Residential home occupations are permitted or conditional uses that do not compete unfairly with the business districts nor diminish the character of residential neighborhoods by creating a health and/or safety issue. Any time a home occupation exceeds the boundaries allowed by ordinance, the City Council reserves the right to reconsider and possibly revoke the home • occupation permit. Even though this is a mail order business, the product being purchased and sold raises public concern. However, according to the home occupation ordinance, the proposed application falls within the specific guidelines . Furthermore, the seven criteria necessary to grant a conditional use permit can all be satisfied as long as the business is conducted in accordance with the home occupation standards and the recommended conditions . PARKING Mr. Palmer has submitted a drawing of his lot which illustrates the position of his home, driveway, and garage. There are two driveways, one of which accesses directly onto Main Street. The driveway off of Main Street has some equipment and miscellaneous items which prevent maximum parking availability. The rear driveway has enough space for three and possibly four automobiles . Parking associated with home occupations is always a concern and should not occur in the street. Therefore, staff will recommend limiting the number of customers at any given time. RECOMMENDATION Staff recommends the Planning Commission recommend approval of • the conditional use permit for Mark C. Palmer allowing a mail order business as a home occupation, with the following stipulations :