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parking into the public right of way. Ms. Worthington said that action would require an additional action by the Commission, a new publishing of notice and another public hearing. Mr. Ryan reviewed the motion. The final version of the motion was to recommend approval of the remaining four variances with the condition that 6 additional off-site, off-street parking spaces be arranged by the property owner. The question was called and motion carried 4 to 3 (Heideman, Ryan and Lageson opposed). Staff Liaison Jones reminded the audience that this matter goes to the City Council for a final decision in August. PROPOSED CODE AMENDMENT REGARDING NON-CONFORMITY Ms. Jones introduced Joel Jamnik from the City Attorney's office to address the Commission's questions regarding a proposed amendment the the City Code concerning nonconformities, tabled from the May meeting. Mr. Jamnik offered a brief statement of background information on the proposed changes and explained the difference between the old language and the new language. The new provision is more succinctly stated than the old but essentially the same except for the addition of a rebuilding provision in the event of destruction by fire. In response to a question from Mr. Lageson, repeating a concern brought up by Commissioner Harris in May, Mr. Jamnik said that final paragraph in Section 1 applies to both subparagraphs 1 and 2 of the second paragraph, whichever one applies. In other words, if the • nonconformity is discontinued or abandoned for more than a year, then the subsequent use or occupancy must conform; also, if the property is destroyed by fire and the rebuild provisions are not met, then the subsequent use or occupancy must conform. Mr. Jamnik commented that City Attorney Roger Knutson's restatement of the concept is, in fact, "quite elegant." Commissioner Lageson moved that the amendment be approved, Ms. Lukermann seconded. Motion passed unanimously. INFORMATION AND ANNOUNCEMENTS: Mr. Lageson reminded the Commission and the audience that the Ice Cream Social is coming up this Thursday. ADJOURNMENT The Planning Commission meeting was adjourned at 8:38 p.m. Respectfully submitted, ~~~ Deborah Jo es, Staff Liaison • City of Falcon Heights -Planning Commission Meeting of June 27, 2005 -Page 5 of 5