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Motion by Commissioner Terry and seconded by Commissioner Thorud to amend #15 to read
<br />"That the proposed usc will not adversely impact traffic in the area."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Terry, Thorud, Deemer,
<br />Hendriksen, Holland, and LaDue. Voting No: None.
<br />
<br />Motion by Commissioner Holland and seconded by Commissioner Terry to amend #16 to read
<br />"That the proposed use will not be dangerous or detrimental to persons residing or working in the
<br />vicinity."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Holland, Terry, Deemer,
<br />Hendriksen, LaDue, and Thorud. Voting No: None.
<br />
<br />Motion by Commissioner Deemer and seconded by Commissioner Thorud to amend #i7 to read
<br />"That the proposed use will not substantially or adversely impair the use, enjoyment or market
<br />value of surrounding properties."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Thorud,
<br />Hendriksen, Holland, LaDue, and Terry. Voting No: None.
<br />
<br />Motion by Commissioner Deemer and seconded by Commissioner Thorud to amend #18 to read
<br />"That the proposed use will be maintained in order to be harmonious in appearance with the
<br />existing and intended character of the R-1 Rural Residential District."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Deemer, Thorud,
<br />Hendriksen, Holland, LaDue, and Terry. Voting No: None.
<br />
<br />Motion by Commissioner Thorud and seconded by Commissioner Terry to amend #19 to read
<br />"That the proposed use will be adequately served by essential public services."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Thorud, Terry, Deemer,
<br />Hendriksen, Holland, and LaDue. Voting No: None.
<br />
<br />M~,,ion by Commissioner Terry and seconded by Commissioner Holland to amend #20 to read
<br />"That the proposed use will not create excessive additional requirements at public cost for public
<br />facilities and services."
<br />
<br />Motion carried. Voting Yes: Chairperson Bawden, Commissioners Terry, Holland, Deemer,
<br />Hendriksen, LaDue, and Thorud. Voting No: None.
<br />
<br />Motion by Commissioner Deemer and seconded by Commissioner Terry to recommend that City
<br />Council adopt the amended Findings of Fact relating to Cathy Gustafson's request for a conditional
<br />use permit for an accessory apartment.
<br />
<br />Motion carded. Voting Yes: Chairperson Bawden,. Commissioners Deemer, Terry, Hendriksen,
<br />Holland, LaDue, and Thomd. Voting No: None.
<br />
<br />Commissioner Hendriksen informed that he was represented by attorney Bill Goodrich (the Cily
<br />Attorney) in a similar situation, and the State Human Rights Department found in his favor that a
<br />conditional use permit was not required when all persons in the home were related. Therefore, he
<br />pondered whether a conditional use permit was required.
<br />
<br />Ms. Frolik stated that City Attorney Goodrich reviewed the case and advised that a CUP was
<br />needed.
<br />
<br />Planning & Zoning Commission/February 1, 1994
<br /> Page 5 of 9
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