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Planning Commission Regular Meeting Minutes June 17, 1997 Page 5 1 change facility. He did not feel this expansion would generate more traffic. He was only 2 attempting to attract the traffic that was going to CUB Foods. 3 Ms. Spanno noted when the business was first proposed, the intent was to please the 4 townhome owners and the business. However, Mr. Rosar has not kept up to the stated 5 conditions. She also expressed concern that her townhome was being devaluated. 6 Chair Bergstrom noted it is the City's job to ensure that the conditions of the conditional use 7 permit are adhered to. He stated the property value would probably increase with the addition 8 of a new structure which was well maintained. 9 Ms. Arlie Dick stated Mr. Rosar had not kept to the conditions of the original proposal and 10 his promises did not mean anything. 11 Edward Metz, 3933 Silver Lake Road, stated that on a number of occasions there have been 12 car engines racing at 9:30 P.M. on the site and sledge hammers are pounding by 7:30 A.M. 13 He suggested if the owner wanted to expand, he consider moving to the area south of 39th 14 Avenue. 15 Mr. Rosar stated he had no problem with this is someone wanted to trade the property. He 16 stated he has had twenty offers on his property since CUB Foods located in Apache Plaza and 17 he did not believe the townhome owners would be happy with the businesses that were 18 interested. He acknowledged that he had not adhered to the conditions of the conditional use 19 permit but stated he had been lied to about CUB Foods. He stated he was trying to rectify a 20 wrong with the proposed expansion. 21 Mr. Rosar stated he did not believe the noise problem was from his employees but noted he 22 would look into it. He has never received a noise or an after hours use citation. 23 Mr. Metz objected to the building being so close to the street and suggested Mr. Rosar utilize 24 the area behind the car wash. 25 Mr. Rosar stated that due to the setback requirements and the easement behind the building 26 which is owned by Hardees, there is not enough land to move the building back. He would 27 prefer to locate the car wash flush with the building as it is more expensive to build it as 28 proposed. 29 30 Chair Bergstrom closed the public hearing at 7:55 P.M. 31 Commissioner Horst reiterated the point he made at the hearing in 1994, that it was difficult 32 for him as a Planning Commissioner to feel he should regulate the hours of operation of a 33 business. A business should be able to do business when they can do business in a 34 commercial zone. He stated he believed the property will be improved and the surrounding 35 property values will be improved with this proposal, just as the property values were 36 improved with the addition of the CUB Foods Store. He stated he is not insensitive to the