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Add Item ~22 to read as follows: 'That two neighbors appeared before the Planning ~nd Zoning Commission at the public hearing to voice their opposition to the request.' Motion carried. Voting Yes: Chairman Zimmerman, Commissioners LaDue, Hendriksen, Howell, Shumway and-Terry. Voting No: None. Absent: Commissioner Holm. -- Motion by Commissioner Hendriksen and seconded by Commissioner Howell to table further action on this request until Mr. Wendt can be present to answer any questions the Commission might have. Further Discussion: Commissioner Shumway disagreed and stated that a decision cn Mr. Wendt's request should be based on criteria and city code, not Mr. Wendt's presence. Commissioner Hendriksen inquired as to how the Commission can know if Mr. Wendt's request meets the criteria without him being present to answer to each of the criteria. Commissioner Shumway replied that the criteria can be made conditions of the permit and if Mr o Wendt doesn't comply, the permit is revoked. Commissioner Howell inquired as to the legallity of taking past condition of premises prot.]ems at Mr. Wendt's address into consideration at this time. Mr. Goodrich stated that the past problem could be made a part of the findings of fact. Ms. Norris stated that past problems involved unlicensed vehicles and accumulation of debris in the yard. Mr. Goodrich inquired as to how that past problem relates to the request for a home occupation permit. Ms. Norris replied that it may not; Mr. Wendt was notified of the condition of premises violation and cleaned up his yard. Commissioner LaDue agreed that Mr. Wendt's presence was not necessary; the specifics of the ordinance can be made conditions of the conditional use permit; if Mr. Wendt signs the permit agreement, he must be in compliance with ordinance criteria. Commissioner Hendriksen stated that approving the request infers that the Commission believes the request meets the criteria and the Commission doesn't know that for sure without talking to Mr. Wendt, Commissioner LaDue stated that if the criteria are made conditions of the permit and if Mr. Wendy's business isn't in compliance now it better be when he signs .~ .... agreement otherwise he is in vzo!a~zon and :he permi~ is the Commi~s~c~. ~ i= ...... =a+~=ied n~=~= Mr. Wendt should receive the ~.ermit and he cauno~ hcnesulv~ vo~e the: way. =~= =hi=~ =i~e~ . .-.~-. Fri~se~ = s:-'ed~ ~'a~.= ouiy uwo neighbor~ were present=~u uhe hearing and ~hev were bo:~ in ob~ecuion :~ 'h* request; the app!~cant is n~ =resent; thzs recues: merits Mouion failed. Vo~zng Yes: Com~.~s~n~.. ~e .... ksen and Eewe!~ C~ ~ ~ ~ LaDue ~,~: hai.~m Zi~er---an, Cc~-~.zssicn*rs , :~umway ant ~=rry. ¢c-~-issioner Holm. Motion ~,, Co~issioner Shumwav and ..... ~=~ x'? ~--~¢~ .... LaDue ~o amend rzn~ngs cf tact, ~.e~_o~. .......... for Court:il adoption, re!at~-~ to ..~.~- Brian J=~om= ..... Wendt's -~cu==~. ~._ for a conditional use Add Item ~23 to read as follows: 'That there have been complaints Planning & Zoning Commission/October 6, 1987 Page6 cf 8