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• <br />• <br />• <br />Planning & Zoning Board <br />June 11, 1997 <br />Page 7 <br />Council meeting. She noted that the City did receive a complaint. Because of <br />the timing of the complaint, it was decided to go forward with the application. <br />The Fire Chief has inspected the facility, and Mr. Rehbein is willing to make <br />some corrections based on the Fire Chief's recommendations. <br />Mr. Herr stated that after the Council takes action to include this use as an option <br />for a conditional use permit would be the appropriate time for the Board to <br />consider it. <br />Mr. Dunn noted that if the amended ordinance is not adopted, the issue is moot. <br />However, people have been notified of the public hearing, and he would like to <br />take time to hear their comments. He expressed his serious concern about <br />being in compliance with the fire code because with the knowledge that the <br />facility is not in compliance, the City could potentially become liable. <br />Ms. Wyland stated that Mr. Rehbein and the Fire Chief have agreed on a 90 -day <br />time frame to complete repairs. <br />Mr. Dunn noted that the Fire Chief's memo is dated April 24, 1997, which means <br />the 90 -day period is almost ended. He expressed his strong concern that events <br />are taking place at a facility that does not meet fire code standards. <br />Mr. Johnson asked if the arena is used in the summer. <br />Mr. Kenneth Rehbein, 8027 Danube Street, answered, yes. He noted that the <br />Fire Chief did not indicate any danger in the facility. The repair work has been <br />started and will be completed within the 90 days. <br />Mr. Kirmis noted that the arena was constructed in 1971 for the purpose of <br />accommodating rodeo events. It has been a BMX facility since 1994. Events <br />are held indoors and outdoors. The indoor facility is 15,000 square feet; the <br />outdoor arena is 24,000 square feet. The Board has recommended that <br />commercial sports arenas be allowed as a conditional use in Rural zoning <br />districts in the revised Zoning Ordinance to be considered by the Council. <br />Mr. Kirmis stated that in relation to this conditional use permit application, staff is <br />recommending approval with 15 additional conditions, which address: 1) <br />allowing this conditional use in a Rural district; 2) combining the two lots currently <br />used; 3) access issues; 4) compliance with side yard setbacks; 5) off - street <br />parking compliance with setbacks; 6) adequate on -site sewer and water facilities; <br />7) compliance with the Fire Code; 8) adequate off - street parking provided, <br />striped, surfaced and according to ADA standards; 9) exterior lighting; 10) <br />