HomeMy WebLinkAbout1994-10-05 CA Ltr to OPH Re Bed & Breakfast Facilities612 4:39 2923
10/07/94 1 4 : 34 ECKBFm� I .AW F I RN 4 O N0.261 P001
LAW OrF I C ES OF
ECKBER , L AM M ER y BRIGGS, WO1.FF & Y IERL-I NG
18 NORTHW ES'I"itRN AVENUE
STILLWATER, MINNESOTA 5508a
LYLE O- ECKBERG (6(2).439-2878
,,TAMES F. LAPPMER.-5 FAX ($ #2) 439 -2923
ROBERT Gn SPIQQS
PAUL A, WOLFF
MARK 0- VIERLIN
QREGORY C. CALLER
KEVIN K SH0EBE
THOMAS J. WEIDNCR
5U5AN 0, OLFpON
7
i
October 5 1994
t
THE HONORABLE BARBS H C'HEAL M JACX D OERR
MAYOR OF THE CITY OF OAK PARK HT8 14520 UPPER 56TH STREET
5495 OAK G REEN PLACE NORTH OAK PARK HTS MN 55082
OAK PARK HE IGHTS MN 55082
R DAVID SCHAAF MR DICK SEGGELKE
SUITE 12 14256 57TH S TREET NORTH
6 201 s T CROIX TRAIL N OAK PARK HTS MN 550
OAK PARK HT S MN 55082
MR DFAN KERN SR
5885 OLD I ELD AVENUE
OAK PARK HE'S MN 5508
RE B and Breakf Faci
Dear Mayor and Council-, 40
At the September 26, 1994 Counci Me ne ighborhood
compla were raised with regard to certa aspects of operations
of bed and breakfasts oreating traffic and other types of problems
for adj oining property owners with their neighborhoods.
I ha taken the opportunity to review the appropriate
statutes affecting bed and breakfasts within the State of Minnesota
as well as the City I s Ordinance an the Condit Use Pemit .in
this part icular instance
The two .incidents which gave ri se to i sues within the
neighborhood were raised un der the followin cir cumstances ;
1 • Apparent the owner of the b and breakf had given
permiss ion or made arrangements to have the faoi. i it
placed on a list of historic homes to be visited by the
publ or a tour group, Apparently, there was a
significant influx of people wishing to visit the
facility, either by way of oar or tour bus, all of whiuh
crowded and made inaccessible the City street and the
area serving the nest of the residents.
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MAYOR AND COUNCIL
Pa Two
October 51, 1994
The second claim was made b neighbors that the facilit
has been used for purposes of conductin in weddin
Presumabl a g uest or g uests that were g ettin g married
used the facilit to conduct their weddin reception,
which event also generated si g nificant traffic 'in the
area.
Ordinance re g ulation on bed and breakfast activities is found
within ordinance sect ion 401.07 at subpara 5, which provides
in part
11 Subpara B, The facilit shall have a
state 1 icense ( hotel and food and comply with
all hell, safety, buildin and fire codes as
ma be re or applicable.
Subpara G. Dinin and other facilities
shall not be opened to the publ ic but shall be
used exclusivel b the re g uests and
residents,"
Further, Section 401,02 of the Cit Zonin Code at para
15A defines a bed and breakfast facilit to be "a buildin other
than a hotel, wherefore compensation, meals and lod are
provided to transient g uests, but not includin a buildin
providin these services to more than 10 persons, and where at
least one meal and/or bevera are offered in connection with the
provision of sleepin accommodations'.
First with re to the 'issue of openin the facilit for
purposes of tours and attractin lar crowds of people wishin to
g o throu for tour purposes. Subpara G of the Ordinance
ificafl provides that the dinin and other facilities shall
not open to the public but shall be used exclusivel b the
re g uests and residents. Additionall the def inition of
bed and breakfast re that there be no more than 10 re
g uests at an time. Conse the utilization of the premises
b g roups in excess of 10 re g istered g uests, at an y time and for
an purpose, will violate the provisions' of the Ordinance as it
a.
affects bed and breakfasts. The Ordinance` provisions are specific
and were intentionall structured to reco that there is an
opportunit for an business activit conducted within a
residential nei to obstruct or 'Interfere with the nor l
peace and tran of the nei For that purpose, the
bed and breakfast is a limited exception to the principal that a
business activit shall not be conducted within a residential
ne.i (the other exception bein of course, bein home
occupations also havin slmilar restrictions) w In this particular
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MAYOR AND COUNCIL
Page Three
October 5, 1994
N0.2G1 P003
instance, the tour g roup did not constitute re g uests and
therefore are not permissible upon the propert and the use of the
facilit b the g uests for purposes of entr and viewin is a
prohibited activit
The second issue with re to the utilization of the
16
premises for purposes of weddin receptions also raises issues,
A the Ordinance provides that the dinin and other facilities
must be used "exulusivel b the re g uests and residents.
Further, the definition of bed and breakfast would impl that the
buildin and its services would be limited to providin of such
services to not more than 10 persons (i * e, all re istered c
That is not to sa that a re g uest ma not have a g uest
come and visit them at the bed and breakfast, however, the
definitional provisions as well as the re of the
Ordinance make it clear that the facilit should not be utilized
at an one time b g uests or others at their invitation where the
total number of persons on the propert exclusive of residents,
would be in excess of 10 persons.
I would recommend that the
facilit be notified that he has
of his Conditional Use Permit
4
violations continue, his permit
subject to revocation.
owner of the bed and breakfast
violated the terms and provisions
i n this re and 'if further
to operat �Eac cit shall be
Yours w r y trin
ark J. Vierlin
MJV/Smp