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5) Adopt Resolution #03-11-294A Approving Climb, Inc. Application for a Premise Permit <br /> for Law~ful gambling at Diamonds Sports Bar and Grill <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Pearson, Elvig, Cook, Kurak, <br />and Strolnmen. Voting No: None. <br /> <br />COUNCIL BUSINESS <br /> <br />Case #1: <br /> <br />Request for a Conditional Use Permit for an Oversized Accessory Building; <br />Case of Steven Schwaab <br /> <br />Community Development Director Frolik stated that the City received an application fi'om <br />Stevcn Schwaab for a conditional use permit to exceed the accessory building size restrictions <br />established in City Code on the property located at 8732 168th Avenue NW. The proposed <br />building will be 1,120 square feet in size. Combined with the existing attached garage (529 <br />square feet), the applicant would have 1,649 square feet in accessory building space. This results <br />in an overage of 161 square feet. The applicant would like to exceed the size restriction in order <br />to construct a detached accessory building that would accommodate the storage of private use <br />vehicles and equipment. The proposed accessory building will be located in the rear yard, and <br />will meet and/or exceed all setbacks established in the R-1 Rural Developing District. City Code <br />requires a 10-day waiting period between the Planning Commission action and the City Council <br />action on conditional use permits. The Planning Commission and staff recommended reducing <br />the 1 O-day waiting period to three days and approving the conditional use permit. <br /> <br />Councilmember Pearson inquired if they were setting precedent by waiving the 1 O-day waiting <br />period. <br /> <br />Councilmember Frolik replied that the Council has waived the 10-day waiting period in the past. <br />As part of the City Code re-write, staff will be proposing that the 10-day waiting period be <br />eliminated. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Cook, to adopt Resolution #03- <br />11-295 adopting Findings of Fact #0657 relating to Steven Schwaab's request for a conditional <br />use permit for an oversized accessory building. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Kurak, Pearson, <br />and Strommen. Voting No: None. <br /> <br />Motion by Councihnember Elvig, seconded by Councilmember Cook, to waive the ten day <br />waiting period and adopt Resolution #03-11-296 approving the issuance of a Conditional Use <br />Permit to S teven Schwaab for an oversized accessory building based on Findings of Fact # 0657 <br />and declaring terms of same. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Cook, Kurak, Pearson, <br />and Strommen. Voting No: None. <br /> <br />City Council/November 10, 2003 <br /> Page 4 of 9 <br /> <br /> <br />