HomeMy WebLinkAbout95-2024 - ADMIN Ordinance - City Council - 1995/03/06r
ORDINANCE NO. 95-2024
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
ADDING SECTION 14:7-4 B.3
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findines
Sec. 1. The City Council has considered the advice and recommendation of the staff,
Planning Commission discussion (Case No. 94-21-ZA), and testimony and hereby makes the
following findings:
WHEREAS, on May 11, 1994, Mr. David Payne, the owner of Al's Liquor, 3912
Excelsior Boulevard applied for a text amendment to the Zoning Ordinance to permit bars as
a conditional use in the C-2 District, and
WHEREAS, the City Council has found that bars as defined in the Zoning Ordinance
have the potential to adversely affect the public health, welfare and safety, and
WHEREAS, bars as a principal land use are not permitted in any zoning district in
the City, and
WHEREAS, bars are subject to the amortization provisions of the Zoning Ordinance,
and
WHEREAS, restaurants with liquor are permitted by conditional use permit in the
C-2 and "0" Zoning Districts, and
WHEREAS, Mr. David Payne, the owner of Al's Liquor, testified before the Plbnning
Commission on May 18, 1994 that in ten years there had been 96 police calls to Al's Liquor,
only 12 of which were directly related to activities on the site, and
WHEREAS, Mr. David Payne, the owner of Al's Liquor, testified that during the same
ten year period, Bunny's Restaurant on Excelsior Boulevard had 140 police calls,
Jennings/Gippers Restaurant had 114 police calls, Classic Cafe had 962 police calls and
Byerly's had 862 police calls, and
WHEREAS, Bunny's Restaurant, Jennings/Gippers Restaurant, Classic Cafe are
restaurants with liquor and Byerly's is a grocery store with an off -sale liquor license, ,and
WHEREAS, Mr. Payne, the owner of Al's Liquor, concluded that it did not appear
that food sales reduces problems associated with establishments selling liquor, and
WHEREAS, the purpose of amortization was to eliminate land uses which create
noise, traffic and are otherwise generally incompatible with the surrounding area and which
create a threat to the public health, welfare and safety, and
WHEREAS, it is concluded, based on the facts presented as part of the record of this
application, that bars do not threaten the public health, welfare and safety in such a degree
,5SZd1, V
and in comparison with restaurants with liquor to warrant amortization, and
WHEREAS, the Council believes that bars should continue to be regulated as at
present,
THEREFORE, it is concluded that the amortization provisions of the Zoning
Ordinance can be amended so as not to apply to bars as principal land uses in the
community.
Sec. 2. Page 316 of the Ordinance, add Section 14:7-4 B.3:
Exceptions:
The provisions of this section shall not apply to bars which existed as a
principal use upon the effective date of this ordinance
Sec. 3. The contents of Planning Case File 94-21-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
ATTEST:
464
Reviewed for administration:
5422:RES7
Adopted by the City Council March 6,1995
o
Approved as to form and execution:
1
1