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Mouton carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaDue, Hendriksen, <br /> and ~olland. Voting No: None. Absent: Commissioners Terry and Thorud. <br /> PUBLIC HEARINGS <br /> CiQ 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 /> wo~ld need to apply for a conditional use permit (CUP), Subsequent to the publishing of the <br /> pu~c 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 /> fe~er residents as consistent with single family zoning and greater than six to be consistent with <br /> m~fi-family zoning, the granting of a CUP would in essence become a rezoning. It is therefore <br /> th~City Attorney's recommendation that the CUP process be terminated, and the scheduled public <br /> he~ng 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. Mr. Jankowski reported that Mr. McLaffeny's <br /> at~rney has contacted the City Attorney however it is uncertain whether they have had an <br /> o!351Portumty to discuss th~s among themselves and come to a resolunon. Mr. Jankowski did <br /> inflicate that the City Attorney's opinion is not binding, but suggested that if the Planning <br /> C~mmission decided to ignore the City Attorney's recommendation, the public hearing should at <br /> lelist be delayed due to the fact that several people were advised this public hearing would probably <br /> nt~t be held tonight because of this decision. <br /> <br /> ~Pplicant Patrick McLafferty responded that he would like the public hearing held as scheduled <br /> s~ce most of his neighbors are present and he is prepared to proceed. <br /> <br /> C~mmissioner Hendriksen suggested commencing the public hearing tonight and continuing it to <br /> Be April meeting. <br /> <br /> Gommissioner Deemer reported that he was aware of several people who were told not to come <br /> lle. cause the public hearing would not be held, <br /> <br /> ~ommissi0ner LaDue inquired as to the reason for not holding the public hearing. <br /> <br /> Mr. Jankowski explained that it was the City Attorney's opinion that application for a CUP was <br /> ~ot the proper vehicle for addressing the applicant's request. <br /> ~hairperson Bawden stated that the Planning Commission's decision is only a recommendation, <br /> lherefore, the City Council can hear the Planning Commission's recommendation along with the <br /> ~ity Attorney's opinion. <br /> iCommissioner Deemer stated he would be more in favor of hearing the whole public hearing at one <br /> time. <br /> <br /> !.Mr. Jankowski again questioned whether the Planning Commission wants to hold a public hearing <br /> 5on a CUP in which the City Attorney advised was not the appropriate process for this request. <br /> <br />i'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 />iMotion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, LaDue, Hendriksen, <br />Holland, 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 Commission/March 7, 1995 <br /> Page 2 of 7 <br /> <br /> <br />