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4188.2 <br />TO: Mayor and City Council <br />FROM: Mark Bernhardson, City Administrato)o <br />DATE: April 1, 1988 <br />SUBJECT: Mobile Peddlers <br />Attachment: A. Mobile Peddlers 3/23/88 <br />B. 1957 Zoning Map <br />C. Prosent 7,oning Map <br />ISSUE <br />COUNCIL WEE( G <br />1. Information regarding the ordinance interpretation <br />APR 111986 <br />CITY OF NuNo <br />2. The background on zoning information regarding the Paul Larson <br />property <br />3. Issuance of the solicitatijn permit to Mr. Penke <br />INTRODUCTION - At the Counci 1's March 28, 1988 meet i ng Council <br />ieceIved-comments from aembers in the audience regarding the <br />appropriatness of its solicitation ordinance together with the <br />conduct of this particular peddler's permit in what is presently <br />zoned residential. <br />Based on the discussion at the Council meeting of the 28th the <br />Council felt that an appropriate avenue to rectify the issue of a <br />solicitor doing business on a residential piece of property was <br />for the property owner to seek a rezoning of the property. <br />DISCUSSION <br />Issue tl - Ordinance RegQulation - Under State Statute Chapter <br />329,-the State requires the licensing of ^pddIers, hawkers and <br />transient merchants by the County Auditor, but does permit the <br />licensing and regulation of such by a municipality. The City of <br />Orono did not specifically regulate such until the 1984 <br />recodification. It had been staff's interpretation of that <br />ordinance that anyone defined by the ordinance needed to be <br />licensed. A review by the City Attorney however, felt that Mr. <br />Penke's type of business is not regulated under the ordinance. <br />While it may have been the City's intent to so regulate, the <br />ordinance does not provide for that regulation. He would be <br />required to get a license from the County Auditor and the issue <br />of retail sales on residential property is separate from the <br />licensing issue. <br />Issue #2 - Zoning on Property - In a brief review of the property <br />it appears that the northern portion of the area was in an <br />industrial district with the balance zoned B-1 Commercial until <br />January 1, 1975. The Council, at that time, chose to zone it <br />with the 1./2 acre residential. The change in zoning to <br />1 <br />