6.1. SR 08-16-1993 - Laserfiche WebLink

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e e e A second option would he to deny the conditional use permit on the grounds that the standards Bet forth in Section 900.25 and 900.42 have not been met. The City has a certain amount of discretion in acting on conditional use permits. However, the courts have indicated that denial of a conditional use permit must be for a legally sufficient reason, for which there is a factual basis. We believe that all of the standards set forth in the Ordinance are legally sufficient. If the Council finds that a particular standard has not been met, there must be a factual basis for this determination. It is also best to have written findings which set forth this factual basis and the grounds for denial. If the Council's decision is to deny the conditional use permit, I recommend the Council direct staff to prepare its findings in written form for adoption at a subsequent meeting, and continue the conditional use permit request until that meeting. There is also a third option. The 1993 session of the state legislature enacted a new law which authorizes governmental subdivisions to regulate the location of businesses where firearms are sold. (A copy of this law is attached.) The City Council may want to defer action on Mr. Palmer's request until a study on the desirability of enacting such an ordinance in Blk River can be completed and acted on. State law specifically authorizes municipalities to adopt an interim ordinance restricting certain uses if the City is conducting studies or has authorized a study for the purpose of considering an amendment to the Zoning Ordinance. If this is the course of action the Council determines to take, the Council action would be to authorize and direct planning staff and the Planning Commission to commence a study of a potential firearms ordinance; direct staff to prepare an interim ordinance restricting any approvals for firearms sales pending completion and action on the study; and continuing Mr. Palmer'S request until the interim ordinance is acted on. The interim ordinance can be for no longer than one year initially, but can be extended to an additional 18 months. The Planning Commission inquired as to whether the City could adopt a licensing ordinance for firearms businesses. Since this issue is not before the City Council on this request for a conditional use permit, I have not done any research into this specific question. However, as I told the Planning Commission, I doubt that licensing of firear,ms businesses (as opposed to licensing of all retail businesses, for instance) would be permissible given the constitutional issues involved and the heavy involvement of the federal government in licensing firearm dealers. I would be happy to pursue this issue further if the City Council would like me to. I will be at the Council meeting Monday night and will be happy to elaborate on this memorandum or answer any questions. Attachment PKB:IJ3s 2.