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MINUTES <br />PLANNING COMMISSION <br />APRIL 12, 2007 <br />compliance. Duray stated that he cannot understand the actions of this <br />business owner. <br />Griffith stated that the bottom line is the City cannot use the Zoning Code <br />as a penalty against this property owner. Griffith believed that the property <br />owner is attempting to rectify the City's concerns, and stated that the City <br />should issue the CUP with conditions, noting that the property will not be <br />used until the conditions are satisfied. Griffith stated that the City must <br />treat this property owner exactly the same as everyone else. Griffith <br />indicated that the provisions relating to general welfare are without force in <br />this situation. All that matters are the specific CUP conditions. Griffith <br />again indicated that the outdoor storage use relative to auto repair follows as <br />aright. <br />Duray stated that from his experience with the City, all business owners are <br />treated the same. <br />Duray recommended denial of the Text Amendment to the City Code <br />increasing the maximum number of retail motor vehicle sales licenses <br />(outdoor) from four (4) to five (5) requested by Valor Enterprises, 3161- <br />3167 Spruce Street, based on the finding that four (4) retail motor vehicles <br />sales licenses (indoor) are more appropriate for a community the size of <br />Little Canada, based on the past history of the applicant, and based on the <br />findings of fact for denial outlined in the City Planner's report dated April <br />12, 2007. <br />Motion seconded by Socha. <br />Motion carried 6 - 0. <br />Duray recommended denial of the Conditional Use Permit for retail motor <br />vehicles sales lot requested by Valor Enterprises, 3161-3167 Spruce Street, <br />based on the Commission's position that the applicant has demonstrated <br />that he would not be able to comply with conditions placed on a Conditional <br />Use Permit, and based on the findings of fact for denial outlined in the City <br />Planner's report dated April 12, 2007. <br />Motion seconded by Socha. <br />Motion car7•ied 6 - 0. <br />Duray recommended denial of the Conditional Use Permit for outdoor <br />storage of repairable motor vehicles and storage containers requested by <br />22 - <br />