Minutes - Council - 07/24/2007 - Laserfiche WebLink

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Further discussion: Mayor Garnec asked whether he is able to vote in favor of the findings of fact, as he will be voting against the conditional use permit. City Attorney Goodrich responded in the affirmative. Motion carried. V oting Yes: Mayor Garnec, Councilmembers Strommen, Olson, Dehen, Jeffrey, and Look. Voting No: None. Absent: Councilmember Elvig. Ms. Jacklyn Abendroth, 15810 Sodium Street NW, stated this is an unfair meeting because none of the neighbors were informed of this Council meeting. She found out about the meeting by calling in and asking. The only people here are their neighbors that live across the street, and she talked to them last night. Mayor Garnec explained that the public hearing was held by the Planning Commission, and that is the only hearing that is held. That is the legal requirement; they can always request an extra hearing, but will not likely do that in this case. Ms. Abendroth stated there is a neighbor that was upset about the whole thing, and it is too bad since they are coming down to a final vote that those people were not notified. She and her husband were not notified either. Mayor Garnec explained the Planning Commission holds the hearing and forwards the results and concerns to the Council for final approval. The notification for that hearing is required by law. Ms. Abendroth stated she does not think Ms. Lublin is aware of how involved the daycare center business can be. Ninety-one children are excessive, especially since she supposedly was allowed to have a daycare center and it never was started. Ms. Lublin also mentioned that Lord of Life had a daycare center, which they did not; they had a preschool. As far as the deli goes, at the Planning Commission meeting Ms. Lublin had said she really wanted the deli and did not care so much about the daycare. It was a bit surprising that this was the way she planned on going if she wants the deli more than the daycare. Ms. Abendroth asked what the coding was for this property at the point of Ms. Lublin taking it over. Community Development Director Trudgeon indicated the property was zoned R-l. Churches are an allowed use on an R-l property. The conditional use permit was previously granted for an office as well as the daycare because years ago other uses were allowed by a conditional use permit. Ms. Abendroth questioned if Ms. Lublin would not be allowed to put a daycare on this site today. Community Development Director Trudgeon indicated today if the property were zoned residential a business could not be operated on the property. However, the solution today would be to have the property rezoned to a business use. With the location of the property it might be very agreeable to a rezoning. City Council! July 24, 2007 Page 10 of 19