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Commissioner Levine and Brauer stated another option is for the applicant to get into <br />compliance with City Code. <br /> <br />Chairperson Nixt noted the Planning Commission is not saying the business has to relocate if <br />they can restructure the business so it fits within the Home Occupation guidelines. <br /> <br />Commissioner Brauer suggested the following language be added to the preface of <br />Findings 24 through 31: "That the proposed use if continued" <br /> <br />Chairperson Nixt requested #1 of'the Interim Use Permit be amended' to reflect a 6 month time <br />frame, and an additional term be added that the applicant acknoWledges they cannot reapply for <br />an extension of the Interim Use Permit. <br /> <br />Assistant Community Development Director Frolik noted they would ask the .attorney if <br />language could be added to deny the right to request an extension. <br /> <br />Motion by Chairperson Nixt, seconded by Commissioner Brauer to recommend that City <br />Council adopt Findings of Fact with the suggested language for Findings 24 through 31, <br />unfavorable to the applicant, relating to Robert Guzzo's request for an interim use permit.. <br /> <br />Motion carded. Voting Yes: Chairperson Nixt, Commissioners Brauer, Levine, Shepherd, Van <br />Scoy, and Watson. Voting No: None. Absent: Commissioner Johnson. <br /> <br />Motion by Chairperson Nixt; seconded by Commissioner Brauer to recommend that the City <br />Council approve the request for an interim use permit based on the findings of fact for a 6 month <br />time frame. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Brauer, Levine, Shepherd, Van <br />Scoy, and Watson. Voting No: None. Absent: Commissioner Johnson. <br /> <br />Liz Kapaun, 6131 Green Valley Road, noted she wanted it On record that' she and Greg Landoski <br />are in favor of this request, as they are thinking about a business on their property as well. <br /> <br />Case #2: <br /> <br />Public Hearing - Request for an Amendment to the TC-2 Zoning District <br />Regarding Accessory Gas Operations; Case of Coborns, Inc. <br /> <br />Presentation <br /> <br />Assistant Community Development Director Frolik stated the Town Center TC-2 sub-district <br />zoning regulations allow for gasoline sales as an accessory use to a permitted use provided the <br />nnmber of fuel islands is limited to 3, with. a maximum of six individual dispensers. She <br />indicated as the Planning Commission is aware, the site plan for the Coborn's grocery store was <br />approved in October of 2004, and included gasoline sales with 3 islands and 6 dispensers. <br /> <br />Planning Commission/April 7, 2005 <br /> Page 6 of 23 <br /> <br /> <br />