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Minutes - Council - 10/09/1990
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Minutes - Council - 10/09/1990
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Meetings
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Minutes
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Council
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10/09/1990
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Mr. Hartley stated that adult uses would be restricted to 750' away from the park border as it is <br />known today. <br /> <br />Natalie Haas Steffen requested more information about how an adult use relates to bars and <br />entertainment. <br /> <br />Mr. Licht stated that the proposed ordinance drafted is explicit in defining adult uses and proceeded <br />to review that definition. <br /> <br />Vincent Brytowski - 16931 Yttrium Street N.W. - inquired as to how the City defines "obscene". <br />Mr. Hartley replied that "obscene" has been defined by the Supreme Court. Mr. Brytowski <br />inquired if the 750' distance requirement takes into consideration that 85% of these adult-type <br />businesses are operated by organized crime. <br /> <br />Mr. Hartley replied that the evidence that provides the City with the privilege to separate these adult <br />uses from other uses would not support the notion that there is the organized crime element. Police <br />records have been researched and there is no evidence that could support organized crime <br />involvement. <br /> <br />Mr. David Licht stated that the primary focus is land use, which courts say cities can regulate; the <br />organized crime aspect would be approached through the licensing section proposed in the <br />ordinance amendment. <br /> <br />Vince Brytowski inquired as to how some cities can zone out pornographic shops. Mr. Hartley <br />replied that they can zone out pornographic shops by a proven increase in crime rate. If the City <br />has evidence that points to any use causing an increase in crime, the City can suspend permission <br />for that use to do business. In the case of a nonconforming use presenting a hazard to the public, <br />the City can begin the process of discontinuing that use as well. <br /> <br />Mr. David Licht noted that Cincinnati went through the same thing that Ramsey did. Cincinnati is <br />separating uses and is allowed to eliminate porno shops because of secondary impacts. Mr. Licht <br />reiterated that adult use is a protected constitutional right which the City has a right to regulate the <br />secondary impacts of to the extent that there is still reasonable choice for those who choose to <br />participate in adult use activity. <br /> <br />Dwight Martin - 17521 Chameleon Street N.W. - inquired as to how many adult use businesses <br />could be located along Highway 10 with the new zoning proposed <br /> <br />Mr. Hartley replied that City staff has not calculated how many individual businesses could be <br />allowed under the new zoning laws, but that information will be provided. <br /> <br />Glen Hardin - 17230 Zeolite Street N.W. - inquired as to what the effects will be to existing <br />structures over the next three to five years if the newly proposed B3 zone is adopted. <br /> <br />Mr. Licht replied that the majority of all the uses that exist on Highway 10 today would be allowed <br />within the newly proposed B3 zoning district. Illegal, nonconforming uses would be subject to <br />immediate correction. Legal, nonconforming uses existing today would be allowed to continue to <br />exist until it decides to terminate. <br /> <br />Mrs. Harold Stoesz - 16901 Zirconium Street N.W. - inquired if liquor stores are considered adult <br />use businesses. <br /> <br />Mr. David Licht replied that liquor stores are not considered adult use businesses but they are for <br />adults only. <br /> <br />Public Hearing/October 9, 1990 <br /> Page 11 of 14 <br /> <br /> <br />
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