6 PCSR 07-27-1993 ( 1 A. ITEM 6
ty of / River TO: PLANNING COMMISSION
1kFROM: STEVEN B. ACH, CITY PLANNER
DATE: JULY 14, 1993
SUBJECT: CONDITIONAL USE PERMIT REQUEST
BY MARK C. PALMER/PUBLIC HEARING,
CASE NO. CU 93-18
ATTACHMENTS
Location Map, Zoning Map, Comprehensive Land Use Map, a Letter
from Mark Palmer, Sketch Plan of Property, List of Property
Owners .
PROPOSED LOCATION
957 Main Street, Elk River, MN (Southeast corner of Main Street
and Morton Avenue) .
REQUESTED ACTION
A conditional use permit request to operate a mail order
business as a home occupation.
• ZONING/LAND USE
R1C (Single Family Residential) /MR Medium Density Residential
OVERVIEW
Mr. Palmer' s request is for a conditional use permit to operate
a mail order business . Specifically, the business will involve
the sale of firearms whereby a customer may review catalogs for
a particular firearm. The firearm is then ordered by Mr.
Palmer and delivered to his home address and eventually, picked
up by the prospective buyer. As stated in the attached letter
from Mr. Palmer, no inventory of firearms available for sale
will be kept on site. In addition, no accessories such as
ammunition will be sold on the premises .
REQUIREMENTS FOR SALE OF FIREARMS
Generally speaking, in order to sell firearms, an individual
must obtain a Federal Firearms License from the Bureau of
Alcohol, Tobacco, and Firearms (ATF) . The most common license
issued by ATF is a Type 1, which allows the buying and selling
of firearms . Mr. Palmer currently has a Type 1 license that is
valid through May, 1996 . The City currently has no license or
permit requirements to sell a firearm. However, it should be
pointed out that the state legislature recently passed a bill
which states, " . . .a governmental subdivision may regulate by
reasonable, nondiscriminatory, and nonarbitrary zoning
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
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 :
CUP, Mark C. Palmer Page 3
July 14 , 1993
III1 . THERE SHALL BE NO INVENTORY OF FIREARMS KEPT ON SITE
THAT ARE INTENDED FOR SALES .
2 . NO MORE THAN ONE CUSTOMER VEHICLE BE PRESENT ON SITE
AT A GIVEN TIME AND NO MORE THAN ONE CUSTOMER VEHICLE
PER HOUR.
3 . ALL STANDARDS MENTIONED IN SECTION 900 . 25 ( 3)
REGARDING HOME OCCUPATIONS BE FOLLOWED.
4 . THE CITY COUNCIL REVIEW THIS CONDITIONAL USE PERMIT
IN SIX ( 6 ) MONTHS FOR APPLICANTS COMPLIANCE WITH
CONDITIONS AND ANY COMPLAINTS RELATING TO THE
BUSINESS OPERATION.
5 . CUSTOMER HOURS SHALL BE LIMITED TO 9 A.M. TO 9 P.M. ,
MONDAY THROUGH SATURDAY.
6 . DUE TO THE NATURE OF THE BUSINESS, NO EXTERIOR
SIGNAGE WILL BE PERMITTED.
7 . ANY CHANGE IN BUSINESS OPERATION OTHER THAN STRICTLY
MAIL ORDER SHALL REQUIRE REVIEW BY THE CITY COUNCIL.
8 . NO FIREARM ACCESSORY ITEMS INCLUDING BUT NOT LIMITED
. TO AMMUNITION, MAY BE SOLD ON-SITE .
•
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S cRyer City Small ,firms
w.o. (Box 532, 957 gka{n St.
Elk River, NV5330-0532
Office (612) 441-8187
Tager (612) 530-6331
11111110.611
1 June 1993
Steve Rohlf, Building & Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
441-4900
Dear Mr. Rohlf;
Per our conversations, please find enclosed are the forms you have requested. With this letter I hope
to clarify my position and allay any concerns as to the nature of my business endeavors.
At this time, River City Small Arms is essentially a mail order business. In the near future I hope to
expand the entire operation out of my home and into a new retail location. At this time, neither time
411 nor money permits me to carry any inventory in stock as a normal retail operation would. I work strictly
through catalog sales (if someone would like to purchase a firearm, I can show them what is available
and order it for them). I do not sell ammunition or reloading supplies at this time, only firearms.
Many people may not be aware of the stringent restrictions placed upon an individual who holds a
Federal Firearms License. By applying for, receiving, and signing the FFL, I have waived certain
rights that would normally apply to any other citizen. I am subject to a mandatory inspection once a
year by the Bureau of Alcohol, Tobacco, and Firearms. They do not need a search warrant to go
through my entire place of business (my home), nor do they need to notify me in advance of their
plans to inspect. The first floor of my residence is listed as my place of business, therefore, they can
inspect/search the whole first floor and garage as they see fit. I understood and agreed to this when I
applied for my license. There aren't many other types of business that are subject to this kind of
procedure.
Along the same lines, there is a tremendous amount of paper work that has to filled out for each
firearm sold. Everything has to be accounted for and recorded in the format that the BATF requires.
All firearms must be logged in when purchased by me and logged out when sold. I am personally
responsible for each transaction. At the same time, I must do my best to verify that all of the
information given to me by a potential purchaser is complete, true and correct. This information must
be kept by me in permanent records, including all originals. There are also numerous State and
Federal laws regarding the sale of firearms that I am expected to be familiar with and abide by. If I do
not, I am subject to rather severe penalties and the revocation of my license.
•
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In reference to the Seven Standards for a Conditional Use Permit:
• 1. As this is a "mail order" business there will be little traffic, either motor vehicle or pedestrian.
All firearms that I now have are my own personal sporting firearms and are stored secured unloaded,
out of sight and locked up. I currently have very little ammunition in house as time and money have
not allowed me the luxury of investing in my hobby. There is no noise or other disturbance associated
with this business because it is illegal to discharge firearms within the City limits. My son, Sean, is the
only minor currently living in this household and he has had more than adequate training in the proper
use and care of firearms (besides, none of the firearms are even accessible to him or anyone else).
There are no chemicals, toxins, or hazardous materials involved in this business.
2. From what I know of the City's Comprehensive Plan, I believe that I am within the standards
set forth.
3. At this time there is no vacant property near my residence. As I stated earlier in this letter, I
hope to move this business out of this location in the very near future and into a larger retail location
better suited to the needs of sporting goods store. Firearms sale is only a part of what I envision this
will develop into.
4. This business does not increase the risk of fire, nor does it create a hazard in itself. Being
located on Main Street, close to down town Elk River, I feel that we have adequate Police and Fire
protection. There are four parking places in my driveway, although I have yet to have more than one
customer here at one time. This business does not significantly increase the normal amount of
garbage that would be produced by this family. Neither my yard nor my home are open to nor are
frequented by minor children, so this should not present itself as a problem.
5. Again, I believe that it is relatively self evident that this business will not create any hazards
or disturbances as there are no manufacturing processes taking place here.
6. I would certainly hope that nothing here or around me would be damaged or destroyed. My
41) family has done much to improve the value of this home and the property that it sits on. It would not
be in our best interest to cause anything to happen to our own living space.
7. I am currently doing my best to comply with all applicable ordinances as best as I
understand them. There is not now nor will there ever be any signage on or around my home.
Neither will I be advertising the physical address of my place of business. I do this for reasons of
personal security, both for my family and for my neighbors. I do not wish to invite theft, burglary or
vandalism. Only people that I know well are invited into my home. The only planned retail sales will
take place at sanctioned firearms or weapons shows as allowed by BATF regulations. Anyone
wishing to do business with me outside of these shows can do so by prearranged appointment.
The Bureau of Alcohol, Tobacco and Firearms requires a physical address to issue a Federal
Firearms License. The only physical address that I have at this time is my home. As you will notice
the only address listed on my letterhead is my P.O. Box. Again, this is for reasons of personal safety
and concern for my neighborhood. This was never meant to be an ongoing home business. It is
hopefully the beginning of a prosperous sporting goods store located within the City of Elk River.
I would like to thank you for taking the time to review my application and would greatly value any and
all input that you may have regarding this matter.
Sincerely,
4
Mark C. Palmer, Owner
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CE1/01/9 15:36: 18 ALPHABETICAL LISTING PAGE 1
PLEASANT HILLS
NAME PARCEL NOR ADDRESS LINE I AOJRESS, LINE 2 ADDRESS LINE. 3 LIPS
"W -Y)w, /) )(.. F._ sji3 / /i ,i) ,J . /A. /—c t _t�-
SCHEMPF, JEROME 4 E 75-402-0011 953 MAIN ST NW ELK RIVER, MN 55330
SANDBERG, KENNETH 4 LYNNETTE 75-402-0012 240 MURTON AVE NW ELK RIVER, MN 55330
GkANLUND, DAVID L & PAULA 75-402-0013 220 MORTON AVE NW ELK RIVER, MN 55330
SYKES, RANDY J &CYNTHLA M 75-402-0014 2L2 MORTON AVE NW ELK RIVER, MN 55333
ELLINGSON, M c 75-402-0016 226 MORTON AVE NW ELK RIVEP., MN 55330
NUGLE, JERRY U & LINDA K 75-402-0017 234 MORTON AVE NW ELK RIVER, MN 55330
LARSON, MARY 0 75-402-0027 226 NORFOLK AVE NW ELK RIVER, MN 55330
PALM, HARALD 4 EVELYN P 75-402-0028 220 NORFOLK AVE NW ELK RIVER, MN 55330
MARTIN, CHARLES L 4 JODI L 75-404-0180 943 MAIN ST NW ELK RIVER, MN 55330
CLUUTIER, MICHAEL C VICKI 75-404-0102 936 LOOKOUT PL NW ELK RIVER, MN 55330
GREER, EARL H E FLORENCE E 75-404-0183 10931 205TH AVE NW ELK RIVER, MN 55330
LULL, WAYNE C i) 75-404-0184 928 LOOKOUT PL NW ELK RIVER, MN 55330
0•
S GIN, KEVIN A 4 JULIETA 75-404-0185 920 LOOKOUT PL NW ELK RIVER, MN 55330
EY, KENNETH T & SUZANNE 75-405-0710 931 MAIN ST ELK RIVER , MN 55330
CRETEX COMPANIES, INC 75-405-2315 311 LOWELL AVE ELK RIVER, MN 55330
DECK, CHARLES E JANINE 75-405-2330 928 MAIN ST NW ELK RIVER, MN 55330
OLESEN, JAMES A C VICKI 75-405-2335 954 MAIN ST NW ELK RIVER, MN 55330
AMALA, MARK M E NANCY 0 75-405-23' 0 320 MORTON AVE NW ELK RIVER, MN 35330
OLSON, ROBERT J & WILMA 75-405-2345 936 MAIN ST NW ELK RIVER, MN 55330
QUARTERS LAND COMPANY 75-405-2365 C/O HARDEE'S 927 HIGHWAY 010 ELK RIVER, MN 55330
NICKERSON, BELLE 75-406-0010 942 MAIN APT GI ELK RIVER, MN 55330
GRANDE, DAVID L EPAULETTE 75-406-0020 11804 KAREN LN MINNETONKA MN 55343
CURNELIUS, ELROY E K 75-406-1000 942 MAIN ELK RIVER, MN 55330
NOON, VERNON E DORIS 75-406-1010 1501 FRANKLIN LANE ANUKA, MN 55303
ZABEEE, GEORGE C 4 JOAN L 75-406-1020 329 MORTON AVE NW ELK RIVER, MN 55330
SHADICK, ALICE W — LE 75-406-1030 942 MAIN APT 103 ELK RIVER, MN 55330
PARENT, EMIL A 75-406-1040 942 MAIN APT 104 ELK RIVER, MN 55330
SALK, FERN A 75-406-2000 942 MAIN APT 200 ELK RIVER, MN 55330
ELVERU, LEANN LYNAY—LE 75-406-2010 942 MAIN APT 201 ELK RIVER, MN 55330
GRAY, HELEN A 75-406-2020 942 MAIN APT 202 ELK RIVER, .MN 55330
TE88ENKAMP, MAXINE M 75-406-2030 942 MAIN APT 203 ELK RIVER, MN 55330
DREISSIG, FRANKLIN &HELEN 75-406-2040 942 MAIN ST APT 204 ELK RIVER, MN 55330
L�P NAUDE, MARCELLA V 75-408-0140 1034 MAIN ST NW ELK RIVER, MN 553)30
OIX, HEATA B 75-408-0145 1028 MAIN ST NW ELK RIVER, MN 55330
GLINES, MARLON P 4 CINDY 75-408-0150 1018 MAIN ST NW ELK RIVER, MN -55330
KLADE, GERALDINE A 75-408-0155 319 MORTON AVE NW ELK RIVER, MN 55330
HULLMER, CHERYL A 75-408-0160 1004 MAIN ST NW ELK RIVER, MN 55330
GULL, ROLLAND E &MARGARET 75-408-0165 321 MORTON AVE NW ELK RIVER, MN 55330
ZABE, GEORGE C & JUAN L 75-400-0170 329 MORTON AVE NW ELK RIVER, MN 55330
RESURGENCE, INC 75-408-0180 708 MAIN ST NW ELK RIVER, MN 55330
RESURGENCE, INC 75-408-0185 708 MAIN ST NW ELK RIVER, MN 55330
MATHIAS, GREGORY 4 ANGELICA 75-414-0010 1011 MAIN ST NW ELK RIVER, MN 55330
HARTFIEL, DAVID & L 75-414-0011 1017 MAIN ST NW ELK RIVER, MN 55330
KkYZER, DALE C E LINDA 75-414-0020 243 MORTON AVE NW ELK RIVER, MN 55330
S. HNEIDER, MARSHALL&RENEE 75-414-0030 233 MORTON AVE NW ELK RIVER, MN 55330
LEATHERS, ELWYN C 75-414-0050 227 MORTON AVE NW ELK 'RIVER, MN 55330
OSBERG, JERRY E NATALIE 75-414-0070 219 MORTON AVE NW ELK RIVER, MN 55330
SEXTON, TERRANCE E ROSEMARY 75-414-0080 209 MORTON AVE NW ELK RIVER, MN 55330
BCLANGER, RICHARD & 8 75-415-0120 249 NORFOLK AVE NW ELK RIVER, MN 55330
BUCKINGHAM, JOHN C 75-415-0210 1025 MAIN ST NW ELK RIVER, MN 55330
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PLEASANT HILLS
;SAME PARCEL NOR ADDRESS LINE 1 ADDRESS LINE 2 ADDRESS LINE 3 ZIPS
TOIIELKE, JAMES E &NANCY K 75-415-0230 250 NORFOLK AVE NW ELK RIVER, MN 55330
ADAMS• BARRY K C. JACKIE A 75-415-0240 240 NORFOLK AVE NW ELK RIVER, MN 55330
TRULEAU, DANIEL > 75-415-0250 236 NORFOLK AVE NW ELK RIVER, MN 55330
a * # ENOOF REPORT # Y #
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of
LOCATION MAP
�v�]j� CASE GVg3-fig
R1 • e P.O. Box 490.13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420