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Motion carriext. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaPue, Hendriksen, <br />and Holland. Voting No: [None. Absent: Commissioners Terry and Thom& <br /> <br />PUBLIC HEARINGS <br /> <br />City Engineer informed that Patrick McLafferty of 7321 154th Lane N.W. applied for a group <br />foster care home to accommodate a maximum of eight (8) youth, and Staff advised him that he <br />would need to apply for a conditional use permit (CUP). Subsequent to the publishing of the <br />public hearing notice, a review of the State Statutes was made by City Attorney Goodrich. It was <br />the City Attorney's opinion that because State Statutes define a facility of this type with six or <br />fewer residents as consistent with single family zoning and greater than six to be consistent with <br />multi-family zoning, the granting of a ClIP would in essence become a rezoning. It is therefore <br />the City Attorney's recommendation that the CUP process be terminated, and the scheduled public <br />hearing not be conducted. Since Staff directed the applicant to pursue this avenue, it is felt <br />appropriate to refund all of the applicant's fees. lvir. Jankowski reported that lVlx. McLafferty's <br />attorney has contacted the City Attorney however it is uncertain whether they have had an <br />opportunity to discuss this among themselves and come to a resolution, lvir. J'ankowsld did <br />indicate that the City Attorney's opinion is not binding, but suggested that if the Planning <br />Commission decided to ignore the City Attorney's recommendation, the public hearing should at <br />least be delayed due to the fact that several people were advised this public hearing would probably <br />not be held tonight because of this decision. <br /> <br />Applicant Patrick McLafferty responded that he would like the public hearing held as scheduled <br />since most of his neighbors are present and he is prepared to proceed. <br /> <br />Commissioner Hendriksen suggested commencing the public hearing tonight and continuing it to <br />the April meeting. <br /> <br />Commissioner Deemer reported that he was aware of several people who were told not to come <br />because the public hearing would not be held. <br /> <br />Commissioner La.Due inquired as to the reason for not holding the public hearing. <br /> <br />/Vlr. Jankowski explained that it was the City Attorney's opinion that application for a CUP was <br />not the proper vehicle for addressing the applicant's request. <br /> <br />Chairperson Bawden stated that the Planning Commission's decision is only a recommendation, <br />therefore, the City Council can hear the Planning Commission's recommendation along with the <br />City Attorney's opinion. <br /> <br />Commissioner Deemer stated he would be more in favor of hearing the whole public hearing at one <br />time. <br /> <br />/Vlr. Jankowski again questioned whether the Planning Commission wants to hold a public hearing <br />on a CUP in which'the City Attorney advised was not the appropriate process for this request. <br /> <br />Motion by Commissioner Deemer and seconded by Commissioner LaDue to hold the public <br />hearing on the premise that it will be continued and re. convened at a later date to hear further input <br /> <br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaDue, Hendriksen, <br />Ho/land, and Terry. Voting No: None. Absent: Commissioner Thorud. <br /> <br /> Chairperson Bawden adjourned the regular Planning Commission meeting at 7:45 p.m. in order to <br /> conduct the following public hearing: <br /> <br />~ Planning 7, <br /> Commission/March <br /> 1995 <br /> Page 2 of 7 <br /> <br /> <br />