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Agenda - Council - 09/10/1984
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Agenda - Council - 09/10/1984
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Council
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09/10/1984
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that he might even vote differently on the conditional use <br />application after he has seen the findings of fact provided <br />by Staff. Co~missioner Deemer stated that Commissioner LaDue <br />is asking the Commission to say how they are going to vote <br />before the facts are drawn. Commissioner Hendriksen stated <br />that up to this point, the Commission has been asking Staff <br />to draw up findings of fact without regard for where .the <br />Commission is heading. Commissioner Deemer stated that <br />stating preference now, for or against, is prejudicing the <br />facts. Commissioner LaDue replied that the Commission's opinion <br />has nothing to do with what is or what is not a fact. Commissioner <br />Deemer replied that is the reason Staff should be directed to <br />just draw up the facts; the Commission's opinion has nothing to <br />do with it. Chairman Peterson restated the motion as a motion <br />for consensus opinion of the Commission and on that basis direct <br />City Staff to prepare a findings of fact. <br /> <br />Motion failed. Voting Yes: Commissioners Hendriksen and LaDue. <br />Voting No: Commissioners Johnson, Kennen, Zimmerman and Deemer. <br />Abstain: Chairman Peterson. <br /> <br />Commissioner Zimmerman suggested that the Commission proceed <br />with the already adopted motion to establish findings of fact. <br /> <br />Con~nissioner Hendriksen stated that he keeps hearing from <br />Mr. LeFevere that the Commission should direct Staff to draw <br />up findings of fact to either approve or deny the application. <br /> <br />Mr. LeFevere stated that he is suggesting that not as a <br />requirement, but to help move things along. It would be <br />advisable to have findings stating, with some care, what the <br />Commission is concluding regarding the concerns. The Commission <br />can draft a findings of fact tonight if they wish; it would be <br />simpler to have Staff prepare findings, with the Commission <br />giving Staff as much guidance as they can, and the Commission <br />acting on those findings at some later meeting. The Commission <br />can amend, delete or add to those findings, but by so doing, the <br />Commission would have a working document before them at the next <br />meeting which would put them further along the decision making <br />process than they are now. It would be most productive if the <br />Commission could give Staff some guidance as to whether you are <br />in favor of or opposed to the application. <br /> <br />Motion by Commissioner LaDue directing City Staff to prepare <br />two separate sets of findings of fact: one set leaning towards <br />recommending the granting of a conditional use permit and <br />another set leaning towards recommending denial of the conditional <br />use permit. <br /> <br />Motion fails for lack of a second. <br /> <br />Motion by Commissioner Hendriksen and seconded by Commissioner <br />LaDue directing City Staff to prepare a findings of fact to <br />deny the conditional use permit based on non-compliance with: <br /> <br />170.016D Standards For Consideration <br /> <br />a) The nature of the land upon which the use is <br /> <br />P & Z/July 3, D 84 <br /> Page 16 of 19 <br /> <br /> <br />
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