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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 home 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. Notion by Commissioner Shumway and seconded by Commissioner Howell to table action on Mr. 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:' Commissioner Howell requested that the City Attorney submit a written opinion regarding whether or not Mr. 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 removing the second story. Commissioners Shumway and Howell withdrew their motion. The Commission proceeded to review and amend the proposed findings of fact as follows: Item #S should read: 'That the current principal use of the subject property is residential (duplex).' Item r'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 Item s19 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 problems facing the Applicant at this time are the results of the Applicant's own actions.' Motion by Commissioner Shumway and seconded by Conurnissiover Howell to recommend that City Council adopt the findings of fact, as amended, relating to Yz- Jeff Erikson's request for a conditional use permit. motion carried. Voting Yes: Chairman Ziranerman, Commissioners Shumway, Terry, Holm, Howell and LaDue. Voting No: None. Absent: Commissioner Hendriksen. Planning and Zoning Commission/March 17, 1988 Pages of 8 1s