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1 City was getting to be a soft touch "giving into applicants who <br /> 2 ignore the ordinance; put up their non-conforming signage; and then, <br /> 3 come in for approval, which is never denied. " <br /> 4 Commissioner Werenicz perceived it had been the same thing with the <br /> 5 Dairy Queen, but he who had qone at tooth and nail with the applicant <br /> 6 at the July meeting finally was hesitant to be the one .to say tear <br /> 7 your $5,000-$6 ,000 sign down. <br /> 8 Mr. Childs asked if they had noted the New York appeals case where in <br /> 9 spite of a New York Planning staff goof in the beginning, the builder <br /> 10 was ordered by an appeals court to tear the top twelve floors off his <br /> 11 building to the tune of over 20 million dollars because the court <br /> 12 held "reasonable diligence" by a "good faith inquirer" would have <br /> 13 uncovered the true zoning rules. In the case of Mickey D' s sign, Tim <br /> 14 Gow should have known better, did know better, and wasn' t truthful <br /> 15 about other municipalities measuring signage the way he did. <br /> 16 Commissioner Hansen indicated he believed the Council owed the <br /> 17 Commission some explanation about that decision. <br /> 18 Mr. Childs reported the latest developments on the temporary shelter <br /> 19 erected in front of Mickey D' s to keep the windows from falling in <br /> 20 where the contractor- failed to prove bonding, and the shelter is still <br /> 21 up. He concluded by saying staff puts forth a real effort to work <br /> 22 with business people and to give them the benefit of a doubt and 99 <br /> 23 out of 100 times it works out fine - but every so often the City gets <br /> 24 taken advantage of, as discussed. <br /> 25 Legislative Changes Related to Planning Being Proposed <br /> 26 Chair Franzese sent around copies of potential changes in planning <br /> 27 which might impact on the Commission' s future decisions. <br /> 28 Franzese Commended for the Fine Service to the Commission <br /> 29 Motion by Hansen, seconded by Wagner to thank Rosemary Franzese for <br /> 30 the three years of fine service she had rendered the City on the <br /> 31 Planning Commission. <br /> 32 Motion carried unanimously. <br /> 33 ADJOURNMENT <br /> 34 Motion by Madden, seconded by London to adjourn the meeting at 9: 50 <br /> 35 P.M. <br /> 36 Motion carried unanimously. <br /> 37 Respectfully submitted, <br /> • 38 Helen Crowe, Secretary <br /> 19 <br />