Agenda - Council - 04/25/1995 - Laserfiche WebLink

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