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Mr. Gordon stated that he would work with the City Attorney to develop the appropriate <br />language to cover the Committee's concerns. <br />Chairperson Nixt arrived at 7:12 p.m. <br />Councilmember Anderson inquired if the language under Subd. 2. Procedure "The proximity of a <br />similar conditional use." was removed because it was illegal. <br />Mr. Gordon explained that the language under Subd. 2 refers to the evaluation criteria the City <br />looks at during the issuance of a conditional use permit. The language that was being proposed to <br />be deleted was evaluating circumstances not related to the issuance of the conditional use permit. <br />He explained that if there are some issues with usage in a district then that needs to be addressed <br />under the usage charts. <br />Councilmember Anderson inquired if there was a way for the City to restrict the number of <br />specific uses in an area. <br />Mr. Gordon explained that those concerns could be addressed when determining permitted uses <br />within certain business districts in the City. <br />Councilmember Hendriksen stated that he could think of an instance where there was an area <br />where all of the houses were built way back on the lot and City ordinance stated that garages <br />could not be placed in front of houses so a lot of people came in for a conditional use permit to <br />permit garages in the front of their houses, which is why language was included in City Code <br />relating to past practice and policy. <br />Mr. Gordon replied that the City should not be relying on past decisions to make a decision on <br />what would be before them because the City could get into dangerous territory on setting <br />precedent. If there are other ways of controlling what and where something happens on a <br />property those issues should be addressed in other sections in City Code. <br />Councilmember Hendriksen stated that he had thought that past practice was part of what they <br />should be looking at because they are setting precedent. <br />Mr. Gordon replied that they should not make a decision solely on past practice. <br />Commissioner Sweet inquired as to why the language should be removed. <br />Mr. Gordon replied that he was proposing to remove the language because the City should not <br />rely on past practice to make decisions. <br />Councilmember Hendriksen stated that the City might be willing to tolerate one of something, but <br />not 100 of something, so proximity could be important. <br />Chapter 9 Committee/January 31, 2002 <br />Page 4 of 11 <br />