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conditional use permit until the property is rezoned B-1 and taxed accordingly. Ms. Norris stated that a determination has to be made regarding if the property is commercial and ho~e doesn't conform or if the property is residential and the garage doesn't conform. Commissioner Howell noted that the only way for the city to have control over a grandfathered business is through a conditional use permit. Commissioners Holm and Howell withdrew their motion. Ymtion by Commissioner Shun~ay and seconded by Commissioner Howell to table action on }ir. Erikson's request for a conditional use permit until the applicant submits information regarding whether he prefers his property to be addressed as B-1 or Residential and if he is willing to reduce the height of the garage. Further Discussion:' Conmtissioner Howell requested that the City Attorney submit a written opinion regarding whether or not ~r. Erikson's chosen plan of action is a workable plan. Commissioners discussed that even if a conditional use permit is approved to operate a business in the garage, Mr. Erikson would probably still be required to reduce the height of the garage as it is located on a parcel that is principally used as residential. Mr. Erikson noted that the official zoning of the property is B-1 and he is surrounded by B-1 property. Mr. Erikson stated that he is applying for the conditional use permit to operate his business in the garage to avoid r~noving the second story.. Commissioners Shun~,ay and Howell withdr~ their motion. The Commission proceeded to review and amend the proposed findings of fact as follows: Item %5 should read: 'That the current principal use of the subject property is residential (duplex).' Item %14 should read: 'That the proposed use will change the essential character of the residential use, i.e. residential use in a B-1 District. ' Add It~n %19 to read: 'That the Applicant has operated a business from the subject property for many years and is now seeking to expand that business. ' Add Item %20 to read: 'That any probl~.s facing the .Applicant at this time are the results of the Applice_nt's ~n~ actions.' Motion by Commissioner Shumway and seconded by Co~umissioner Howell to recommend that City Council adopt the findings of fact, as amended, relating to }Ir. Jeff Erikson's request for a conditional use permit. MOL_On carrle~. Vo~.n9 Yes: Chairman zimmerman, Cormm. issioners Shumway, Terry., Holm, Rowel! and LaDue. Voting No: None. ~JDsent: Commissioner Rendriksen. P!~Jlning and zoning Commission/¥~rch 17, 1988 Page6 of 8