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• Mounds View Planning Commission April 1, 1998 Regular Meeting Page 9 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_ to legal questions that need not be addressed. .v ;. s • '''*,,''r •d •tn •The Mayor suggested withdrawingthe motion an ,. ., Q ••S,F .,. Commissioner Brasaemle withdrew the motio <; gd asked • 8 sow :? a , als• needed to be acted on. -sx ' '-,-,:a€`;'=""- ` Mayor McCarty told the Commission Resolutio"> ould come before the Council if the applicant decides to appeal the Planning Cod `" a a. # ision to deny approval. Commissioner Obert asked the Mayor if thy: ,, prehens °' - =�_ es precedent over the Zoning Plan. " �„ Mayor McCarty told the Commi ;,,'1:'n the c ' - • that the Comprehensive Plan takes precedent over the Zoning Plan • .. ;,4 ..;,.:< ' Director Jopke read fro ,ter 11:5-Fof the C e: "The Planning Commission shall make a Finding of Fact a f; , ecomm 1 uch ac. •ns or conditions relating to the title nece ; ary to carry o ;" „ : ` tended..I< & '� e title. Such recommendation shall be in a kk ;�'s, fes' vH" 11 d acco p i &3 a repo ; s.$ •mmendation of City Staff 111 :-,e‘:114,'"4,11,''.71` ,3,. 3`: am St.t ! Id be willing to put a hold on the process to allow the Comm -'- W � -t the app a° .:.., .dvise it needs from the City Attorney. Motion/Se-0 . : tev Obert". to table action on the application to the Planning Commission g.. until A, ; 15, 1998. It Ags 5 Nays - 1 otion carried. •z: '• § : cCarty asked staff where the application process was at in regards to the 120- x ;t ; :'r` : e limit. Associate Ericson told the Commission and the Mayor the 120-day-time limit expires May 29, 1998. IIII