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• Mounds View Planning Commission April 1, 1998 Regular Meeting Page 9 following: The defeated motion, denying the resolution of approval, leaves the Commission with a condition that hasn't changed, the zoning hasn't changed and there is no recommendation to the City Council for a change. By adopting the additional resolution, the motion currently on the floor, additional arguments and issues are set up that may create legal questions that need not be addressed. The Mayor suggested withdrawing the motion and not acting on it. Commissioner Brasaemle withdrew the motion and asked if Resolution 538-98 also needed to be acted on. Mayor McCarty told the Commission Resolution 538-98 would come before the Council if the applicant decides to appeal the Planning Commissions decision to deny approval. Commissioner Obert asked the Mayor if the Comprehensive Plan takes precedent over the Zoning Plan. • Mayor McCarty told the Commission the courts have decided that the Comprehensive Plan takes precedence over the Zoning Plan. Director Jopke read from Chapter 1125 of the Code: "The Planning Commission shall make a Finding of Fact and recommend such actions or conditions relating to the title necessary to carry out the intended purpose of the title. Such recommendation shall be in writing and accompanied by a report and recommendation of City Staff." Mr. Cunningham stated he would be willing to put a hold on the process to allow the Commission to get the appropriate advise it needs from the City Attorney. Motion/Second: Stevenson/Obert to table action on the application to the Planning Commission until April 15, 1998. Ayes - 5 Nays - 1 The motion carried. Mayor McCarty asked staff where the application process was at in regards to the 120- day-time limit. Associate Ericson told the Commission and the Mayor the 120-day-time limit expires • May 29, 1998.