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<br />rei -\) <br />( )j <br />rIll <br /> <br />e <br /> <br />e <br /> <br />ITEM 6. 1 <br /> <br /> <br />TO: <br /> <br />MAYOR AND CITY COUNCIL <br />STEVEN B. ACH, CITY PLANNER~ <br /> <br />FROM: <br /> <br />DATE: AUGUST 12, 1993 <br /> <br />SUBJECT: A CONDITIONAL USE PERMIT REQUEST <br />BY MARK PALMER/PUBLIC HEARING, <br />CASE NO. 93-18 <br /> <br />PROPOSED LOCATION <br /> <br />957 Main Street, Elk River, MN (southeast corner of Main Street <br />and Morton Avenue). <br /> <br />OVERVIEW <br /> <br />Mr. Palmer is requesting a conditional use permit to operate a <br />home occupation that involves a mail order business of <br />firearms. Specifically, Mr. Palmer needs a conditional use <br />permit because ordered firearms for customers will be delivered <br />to Mr. Palmer's residence by United Parcel Service. <br />Technically, if the business was conducted strictly by mail <br />without delivery of merchandise, a conditional use permit would <br />not be required. <br /> <br />A Federal Firearms License from the Alcohol, Tobacco, and <br />Firearms Bureau has been issued to Mr. Palmer. This Federal <br />license permits Mr. Palmer to buy and sell firearms as a <br />business or for personal pleasure. At the request of <br />Councilman Farber, I've attached a copy of a section from the <br />Federal Firearms Regulation Manual relating to issuance of <br />license (see Attachment A). On the other hand, the City <br />presently does not have any licensing requirements for the sale <br />of firearms; however, recently legislation was passed allowing <br />cities to regulate the location of business that sell firearms <br />(see Attachment B). <br /> <br />Staff has reviewed this application in accordance with Section <br />900.25 regarding home occupations and Section 900.42, <br />conditional use permits (see Attachment C).If Mr. Palmer is to <br />conduct his home occupation according to his letter and <br />conditions set forth by the Planning Commission, all ordinance <br />criteria for granting a permit will be satisfied. However, any <br />deviation from the proposed low profile and limited number of <br />customers would be grounds to reconsider the conditional use <br />permit would be necessary. <br /> <br />HOME OCCUPATION ORDINANCE <br /> <br />The specific section that applies to Mr. Palmer's request is <br />900.25 (3)(j). This particular paragraph has been structured <br />such that there remains room for misinterpretation. Based on <br />previous applications and past interpretation, the paragraph <br /> <br />P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br />