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June 28, 1976 Page 7 <br />Ms. Haake stated that she would like a legal opinion from Mr. Meyers <br />in a letter to the Planning Commission, as even with this motion, <br />they do not have a legal basis. <br />Mr. Meyers stated that Mr. Shelquist is correct. The word "hardship" <br />was more a reason to compromise a situation. The law is clear, but <br />the policy of carrying it out is the difficult part. Each lot and <br />block will have to be examined and acted on its own merits. <br />Mr. Anderson stated that he would have no objection on Mr. Herman's <br />behalf to a motion that would incorporate the same requirements as <br />exist in the Nelson request with respect to the easement. <br />MSP (Johnson - Shelquist) that we approve the Herman Addition's preliminary <br />plat as presented with the change that Lot 1, Block 1 grant a 40 foot <br />easement on the west lot line from north to south and that a 45 foot <br />utility easement be granted on the west lot line from north to <br />south. <br />5 ayes <br />MSP (Shelquist- Johnson) for reconsideration of the preliminary plat <br />of Mrs. Nelson. 5 ayes <br />MSP (Johnson - Hodges) that the preliminary plat of Garnet Nelson's <br />subdivision be approved with the change that the west lot lines provide <br />a 45 foot utility easement on Lots 5,6 & 7. <br />( 5 ayes <br />The public hearing was recessed and the regular Council meeting <br />was called back to order. <br />Mayor Johnson called to order the 8:30 pm public hearing on modification <br />of Article IV (occupancy limit for elementary /secondary students) <br />of Special Use Permit Agreement, Compassion Christian Center. <br />Ad. Achen stated that on February 18, 1975, the Council entered into a <br />Special Use Permit that indicated that Compassion Christian Center <br />could not have more than 75 pupils at any one time. They are asking <br />for a modification of this. The occupancy of the structure would be <br />governed by the state building code and fire code and would be a <br />maximum of 328 people. <br />Mayor Johnson stated that the Planning Commission held a hearing on <br />June 23, 1976, and they have several comments from the citizens <br />surrounding the Compassion Center. He now opened the hearing up to <br />the public. <br />Robert Glazer asked if the Council were going to base its decision on <br />the impact on the neighborhood, or whether it will base its decision <br />on whether its operation or mission is good or bad. Important now <br />is what are the external effects going to be on the community. He feels <br />it would be feasible to look at the Comprehensive Plan. It recommends <br />that the land within District VI is single family housing. He does <br />not feel that the Center has the land to work with to give adequate <br />buffering. We have the expansion of a non - conforming use in front of <br />us. If we continue with changes single family units are going to become <br />