1999-03-23 - Laserfiche WebLink

Home Browse Search

I I I Council Meeting Minutes - March 23, 1999 Page 6 Public Hearin&. continued Larson asked if residents have witnessed increased semi-truck activity on 16th Ave. The residents do not feel there has been a dramatic increase in truck activity. Samuelson and Hoffman thanked the residents for their input. There were no other comments from the audience. Motion by Larson, seconded by Samuelson, to CONTINUE THE PUBLIC HEARING TO APRIL 13, 1999, 7:30 P.M. 4 Ayes - 0 Nayes, Motion Carried. Police Chief John Kelley presented the Public Hearing for Off-sale Liquor License Application and Finding Waiver for the 400-foot Rule. The applicants, David Anton and Tim Gabel, wish to operate a liquor store at 570 Old Hwy 8 NW. Council must decide to grant or deny the license, and whether to waive or not waive the 400 ft. rule from the property line of a church or school provision. This provision has been part of Code since at least 1979. The New Brighton Eagles were granted an on- sale club license in 1985 to replace a previous bottle club license granted in 1979. In 1979, the property at 701 8th Ave. was neither a school nor church, but was owned by the School District. In August 1985, this property became the Methodist Korean Church, and the Eagles license was granted in November 1985. The Eagles property line is 375 ft. from the Church, and staff could not find records reporting a 400 ft. waiver. The proposed liquor store is 350 ft. from the Church property line. LeFevere explained this proposal involves non-conforming use issues reflected by parking and setback requirements. A previous ordinance amendment allowed the present warehouse usage to remain as a Type IV Non-conforming Use. However, this proposal changes the usage from warehouse to retail, increases parking standards to seven stalls, and creates a non-permitted use under current standards. David Anton said he is researching alternate locations, but this was their preferred site because they could purchase the property rather than lease space. Ralph Blagen, 563 9th Ave., opposes the use of this site as a liquor store. Orv Krause, Eagles Club, said the Eagles are not opposed to another off-sale liquor operation in the City, but feels the site's parking arrangements are inadequate. Jim Johnson, 575 9th Ave., has much concern the liquor store will only increase the vandalism, parking problems, and noise already created by the nearby E-Z Stop. Randy Simon, 606 9th Ave., asked the number of off-sale liquor licenses in the City. Kelley said there is one off-sale liquor license, and State law allows one license per 5,000 residents. Simon feels this use will enhance current trash and traffic problems. Noralee Ockerstrom, owner of business across street, said E-Z Stop customers frequently use their parking lot for overflow and she has much concern about traffic. There were no other comments from the audience. Public Hearing Project 99-1, Highcrest Area Street Reconstruction Report 99-069 Off-Sale Liquor License Report 99-070