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Chairperson Nixt replied that the building would have to be completed with applicable building <br />codes. <br /> <br />Motion by Commissioner Kociscak to include the finding of fact from April 4 1989 stating "The <br />second dwelling will not be harmonious with the objectives of the Comprehensive Plan." There <br />was no second to the motion. <br /> <br />Motion failed. <br /> <br />Commissioner Griffiths inquired if the tunnel is not up to code and they make an allowance for <br />two separate properties will the existing tunnel need to be removed or cause problems in the <br />future. <br /> <br />Community Development Director Frolik replied that the tunnel passed inspection initially, but <br />the Commission could request that the tunnel be re-inspected. <br /> <br />Ms. Smith explained that the tunnel is constructed out of concrete and is four to five feet wide. <br /> <br />Commissioner Wivoda stated that he did not think the construction of the breeze way is <br />necessary. <br /> <br />Commissioner Dempsey inquired if a change to a conditional use permit from an interim use <br />permit require reapplication. <br /> <br />Chairperson Nixt stated that he would prefer to see the conditional use permit with the conditions <br />of the permit and for that reason would request that the issue be sent back to staff for them to <br />draft the conditional use permit with its conditions and bring it back at the next Planning <br />Commission meeting. He noted that the permit would not require a physical attachment between <br />the two structures, but would be limited to only the use of an adult foster care. <br /> <br />Mr. Obrey inquired as to what has changed since the request was originally turned down in 1989. <br /> <br />Chairperson Nixt replied that he thinks that there are some variables that are the same and others <br />that have changed. The other alternative would be that the building would be left to deteriorate <br />and unused. <br /> <br />Commissioner Dempsey noted that by granting a conditional use permit the use is tied to the <br />property owner and would not continue if the property were to be sold. <br /> <br />Commissioner Kociscak stated that he will deny the request because in his opinion nothing has <br />changed on the property since 1989 and the business could operate without the apartment. <br /> <br />Kathy Brehm, 8301 163rd Avenue, Ramsey, stated that once precedent is set for issuing a <br />conditional permit, it will be easier for future owners to do the same thing. She explained that <br /> <br />Planning Commission/September 5, 2000 <br /> Page 9 of 13 <br /> <br /> <br />