HomeMy WebLinkAboutWork -22Session Item 01LAiM55�vr�
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City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Vrank Dempsey, AICP, Associate Planner
Date: August 16, 2013
Subject: August 22, 2013 Planning Commission Work Session Discussion — Donation
Box Discussion
INTRODUCTION
Planning Department staff has experienced an increasing number of requests from for-
profit companies and non-profit organizations to allow the placement of clothing donation
boxes on various properties in Lakeville. Other companies or organizations have also
placed the boxes on properties without first contacting City staff to determine whether the
donation boxes are allowed.
The unattended donation boxes have been placed on commercial, church and, public
school properties as well as the Kenrick Avenue Park and Ride facility. Often, the boxes are
located adjacent to a sidewalk, the parking lot or on the landscaped area of the property.
In the past few years, staff has had to contact the property owners due to the bags of
clothing, household items and electronic appliances such as televisions placed outside the
boxes. Staff has determined that discussion with the Planning Commission is warranted to
determine whether the unattended donation boxes should be allowed, and if so, where
and how they should be regulated.
ZONING ANALYSIS
The Zoning Ordinance does not specifically allow the donation boxes. Section 11-1-9 of
the Zoning Ordinance states that uses not provided for by the Zoning Ordinance are
prohibited. Staff has taken the position that the unattended donation boxes are a separate
use from the principal use of the property. The owners of the boxes may be for-profit
companies or non-profit entities that require people to come to the property for the
purpose of disposing of clothing and shoes without regard to the principal use of the
property. Since 2010, Planning Department staff has been contacting property owners to
remove illegally placed boxes.
Zoning Ordinance - The Zoning Ordinance allows uses that are accessory to the principal
use of the property. Staff's interpretation is that the unattended donation boxes are not
accessory to the principal use and are more closely defined as secondary uses, which
makes them prohibited. Permitted accessory uses may be include outdoor storage and
sales of retail products or other services such as Redbox movie kiosks or propane canisters
where a customer comes to the retail property to purchase or rent the product as part of a
retail use or service.
Options to Consider - Staff suggests that if the boxes are to be allowed, consideration be
given to managing them by means of an administrative permit whereby the box(s) would
be allowed on certain commercially zoned properties and in areas on those properties that
allow other outdoor display or storage such as the sidewalk in front of convenience stores.
Convenience stores are allowed to have outdoor display and sales in designated areas near
the front of the building. They cannot block the sidewalk or the entrance and are limited
to a height of six feet and the display areas are restricted to a maximum of 10% of the area
of the principal building.
OPTIONS
Planning Department staff requests that the Planning Commission provide direction on
the following two options:
1. Take no further action and continue to not allow the unattended donation boxes.
2. Amend the Zoning Ordinance to allow the unattended donation boxes in certain
zoning districts with restrictions on the location, number and maintenance.
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