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d) Enclosure (D2-d) excerpt from Council minutes dated July 23, <br />1979 refers to the Council's last action on this case. <br /> <br />CASE #2: <br /> <br />Council Action: In accordance with Section 130.0917 Subd. 2 <br />of the City Liquor Code, the City Council's only choice if <br />they desire to issue this off-sale license is to r~advertise. <br /> <br />CONDITIONAL USE PEP~IT; CASE OF BILL AYDT: <br /> <br />Background Information: The following backgrotund information <br />is furnished to the Council for your review and action on this <br />case: <br /> <br />a) Enclosure (D2-e) excerpt from Council minutes dated <br />September 10, 1979 which granted the rezoning of his property <br />to UMB. <br /> <br />b) Enclosure (D2-f) contains excerpt from paragraph 170.015I(3) <br />of the City Zoning Code which gives the permitted use for U~ <br />zoning. <br /> <br />c) Enclosure (D2-g) contains excerpt from Planning Commission <br />minutes dated November 5, 1979 which contains their recommend- <br />ation for a conditional use permit for ~. Aydt. <br /> <br />d) Enclosure (D2-h) contains the Plan~ing Commission's recom- <br />mended conditional use permit agreement which is submitted for <br />your review and action. <br /> <br />Comments: In reviewing the contents of the above recommended <br />conditional use permit, I submit the following comments:: <br /> <br />a) I don't think it is in keeping with good zoning practices <br />to allow for the enlargement of the subject party's business <br />through a conditional use permit. The conditional use permit <br />should only be granted to take care of the existing business <br />which was there before the zoning but not to allow it to be <br />enlarged. The above proposed conditional use permit agreement <br />does allow for the enlargement of Mr. Aydt's business. <br /> <br />b) Secondly, the above proposed conditional use permit agree-~ <br />ment language does not protect the City as it's ambiguous as <br />to what it really means. <br /> <br />In summation of ~y comments, I don't think there would ever <br />be a problem with Mr. Aydt. However, should he sell this <br />business to another individual you could have real. problems. <br />I think the permit agreement should only allow what is there <br />now and the language should clearly define the meaning of <br />the agreement. <br /> <br /> <br />