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HomeMy WebLinkAboutgr00090_000041_pg186June 28, 1976 Page 7 Ms. Haake stated that she would like a legal opinion from Mr. Meyers in a letter to the Planning Commission, as even with this motion, they do not have a legal basis. Mr. Meyers stated that Mr. Shelquist is correct. The word "hardship" was more a reason to compromise a situation. The law is clear, but the policy of carrying it out is the difficult part. Each lot and block will have to be examined and acted on its own merits. Mr. Anderson stated that he would have no objection on Mr. Herman's behalf to a motion that would incorporate the same requirements as exist in the Nelson request with respect to the easement. MSP (Johnson - Shelquist) that we approve the Herman Addition's preliminary plat as presented with the change that Lot 1, Block 1 grant a 40 foot easement on the west lot line from north to south and that a 45 foot utility easement be granted on the west lot line from north to south. 5 ayes MSP (Shelquist- Johnson) for reconsideration of the preliminary plat of Mrs. Nelson. 5 ayes MSP (Johnson - Hodges) that the preliminary plat of Garnet Nelson's subdivision be approved with the change that the west lot lines provide a 45 foot utility easement on Lots 5,6 & 7. ( 5 ayes The public hearing was recessed and the regular Council meeting was called back to order. Mayor Johnson called to order the 8:30 pm public hearing on modification of Article IV (occupancy limit for elementary /secondary students) of Special Use Permit Agreement, Compassion Christian Center. Ad. Achen stated that on February 18, 1975, the Council entered into a Special Use Permit that indicated that Compassion Christian Center could not have more than 75 pupils at any one time. They are asking for a modification of this. The occupancy of the structure would be governed by the state building code and fire code and would be a maximum of 328 people. Mayor Johnson stated that the Planning Commission held a hearing on June 23, 1976, and they have several comments from the citizens surrounding the Compassion Center. He now opened the hearing up to the public. Robert Glazer asked if the Council were going to base its decision on the impact on the neighborhood, or whether it will base its decision on whether its operation or mission is good or bad. Important now is what are the external effects going to be on the community. He feels it would be feasible to look at the Comprehensive Plan. It recommends that the land within District VI is single family housing. He does not feel that the Center has the land to work with to give adequate buffering. We have the expansion of a non - conforming use in front of us. If we continue with changes single family units are going to become