Agenda - Council - 06/29/1992 - Special

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DATE: TO: FROM: RE: CC: MEMORANDUM June 24, 1992 City Council Zoning Adn'finistrator Sylvia Frolik Renewal of Off-Sale Liquor License/Ralph~s Hi-10 Liquors/6131 Hwy. #10 N.W. Ralph Nissen/Ralph's Hi- 10 Liquors City Administrator Ryan Schroeder ~ice Chief Mike Auspos City Attorney William Goodrich In accordance with City Council direction of June 23, 1992, I inspected Ralph's Hi-10 Liquors to verify the amount of square footage devoted to the liquor sales operation as it relates to City Code requirement for 4,000 square feet. It has been determined that the liquor store operation consists of 2,860 square feet which results in a 1,140 square foot deficiency of Code requirement. Ralph Nissen, owner of the liquor store, proposed to provide for two fenced-in outside storage areas for liquor store purposes to meet the Code requirement. The proposed areas to be fenced total 775 square feet, which results in a 365 square foot deficiency remaining as it pertains to the 4,000 square foot requirement. The areas proposed to be fenced in are the landscaped areas on the east and north wall of the liquor facility. The fencing proposed is cyclone and plastic lats would have to be installed to shield the items being stored from 'view from the public right-of-way. These landscaped areas to be fenced in and labeled liquor store exterior storage area consist of landscape timbers, decorative rock and numerous mature shrubbery. In my opinion, it makes no sense to hide these professionally landscaped areas from view just to meet the letter of the law for 4,000 square feet liquor stores. The proposed storage area(s) cannot be relocated to any other part of the site because it would then interfere with off-street parking and loading areas. I recommend that City Council review the intent of the 4,000 square foot requirement and also that requirement for liquors stores to be new construction. (City Code does not regulate any other business types in this manner.) In the interim, t recommend that Mr. Nissen be issued the liquor license contingent upon placing an escrow with the City, in the form of cash or letter of credit, in the amount of $1,300.00. This amount would be sufficient to cover materials, labor and administrative fees if the City were to install the fencing. The escrow should be held until this matter is resolved. If Council disagrees with this proposed course of action, please let me know by noon on Friday, June 26, 1992 so that Mr. Nissen will still have a sufficient amount of time to have the fence installed by June 30 if that remains to be Council's decision. Thank you for .',,our consideration.