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03-9358r I I I 180 RESOLUTION NO. 9358 RESOLUTION DENYING REQUEST TO ESTABLISH A FIREARMS SAFETY TRAINING CENTER AT 6611 CHICAGO AVENUE SOUTH WHEREAS, a request has been made for a "Firearms Safety Training Center" at 6611 Chicago Avenue South, which is zoned C-2, General Commercial; and WHEREAS, the City Council of the City of Richfield, Minnesota ("City") has determined that a "Firearms Safety Training Center" is a use that should be permitted only conditionally in the C-2 zoning district; and WHEREAS, the City has directed that a study be undertaken to determine the types of firearms-related uses that should be permitted by conditional use permit in the C-2 and I zoning districts and has established a moratorium to protect the planning process while the study is undertaken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City makes the following findings of fact: a. The property at 6611 Chicago Avenue South (the "Property") is located in the C-2 General Commercial zoning district. b. Mr. Steven Knutson has made a written request to operate a "Firearms Safety Training Center" at the Property. The training center would include the use of a portable firing range for firearms. c. According to public tax records, Mr. Knutson is not the owner of the Property, and the owners of the Property have not joined -in Mr. Knutson's request or evidenced their consent to his request. A Richfield zoning application requirement states that the applicant must either provide proof of ownership or provide a letter of concurrence from the property owner if the applicant does not own the property. d. The C-2 zoning regulations do not identify any use that is similar to a firearms training center or gun range. The zoning regulations do require a conditional use permit for gun and ammunition sales or repair uses, and also establish a distance requirement for gun and ammunition sales uses from residential properties. A firearms safety training center is different from gun and ammunition sales and repair uses, however, because the former use involves the firing of live ammunition. e. Pursuant to Subsection 511.05 of the Richfield City Code, the City has determined that firearms-related uses, such as a "Firearms Safety Training Center" and gun range, may be permitted as a conditional use in the C-2 and I zoning districts. However, appropriate standards must be established for such uses, and none currently exist. The City also finds that firearms-related uses - should be treated at least as stringently as gun and ammunition sales uses. In addition, the City finds that additional conditions specifically addressing safety aspects of a gun range need to be included in any conditional use permit for a "Firearms Safety Training Center". f. The City has no current regulations that adequately address safety and community concerns regarding permanent or portable gun ranges. The City has determined and directed that a study should be undertaken regarding the types of firearms-related uses and the conditions of operating such uses that should be established in the City. g. The City has established a moratorium on the establishment of any firearms-related uses in the City in order to protect the planning process, while the study is undertaken. h. The Property is located adjacent to residential property and, if the same criteria were applied to a "Firearms Safety Training Center" use as are applied to gun and ammunition sales and repair uses, the property would not qualify for the establishment of such a use. 2. Based on the foregoing, the application of Steven Knutson to operate a "Firearms Safety Training Center" at the Property is denied. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of July, 2003. ATTEST: '-11~~,~ Nancy Gibbs, Ity Clerk I I I