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MINUTES <br />PLANNING COMMISSION <br />OCTOBER 12, 2000 <br />The City Planner reported that he looked at the site, and he would <br />recommend that as a condition of approval that the parking lot be re- <br />striped to allow for better organization of parking. <br />Montour asked the capacity at the rental hall. It was suggested that the <br />Fire Marshal visit the site and determine that proper capacities are posted. <br />Knudsen recommended approval of the Conditional Use Permit allowing a <br />commercial recreation use serving alcoholic beverages at 433 Little <br />Canada Road for K & J Catering in their operation of a rental hall subject <br />to the following: <br />*Re-striping of the parking lot as recommended by the City <br />Planner; <br />*The Fire Marshal inspecting the rental hall and ensuring that <br />proper capacities are posted; <br />*That a Certificate of Liquor Liability insurance be submitted <br />on an annual basis and that the Certificate contain the address <br />of the rental hall; <br />*That an off-duty police officer be required at all rental events <br />where alcohol is served. <br />Motion seconded by Duray. <br />Motion carried 6 - 0. <br />VARIANCE The City Planner reported that there was a recent court case involving the <br />ACTION City of Eden Prairie where the City approved a variance because the City <br />felt the request made by the applicant was for a reasonable use. In the <br />case, the court changed the definition of hardship and said that as long as <br />the proposed use was a reasonable use, a variance could be granted. The <br />Planner pointed out that the old definition was that the property owner had <br />to show that the property could not be put to a reasonable use without a <br />variance. The Planner noted that the court action sets a looser standard, <br />and it will be interesting to see the ramifications from this court action. <br />CELL TOWERS The City Planner reported that there is a move by a company to place a <br />cell tower in a public right-of--way in another city without going through <br />any local zoning authority for review. The Planner felt that this issue will <br />likely end up in court. <br />