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A 7 -5- townhouses were not adequately insulated from the roadway noises. Mr. Johnson was then informed the legal description of these small lots will probably be very complicated which rules out subdivision by metes and bounds under the City ordinance. Before a motion was made, questions raised by the Clerk/Treasurer regarding the lot numbers were answered by reference to the City plat map. • It was noted that the numbers shown. on the map are probably parcel numbers and a better description would be to identify it as a proper portion of Lot 6, Block 9. Mr. Soth opinioned that the description used in the notice of hearing document would not invalidate the hearing as the property was still adequa-tely identified .in the notice. Motion by Councilman Marks and seconded by Councilman Sundland to grant a conditional use permit which will allow the construction of seven unit townhouses as proposed by Nu Way Builders on. the. south 189.2 feet of Lot 6, Block 9, Moundsview Acres Second Addition, subject to the following conditions : . (.1) A determination by the City Building Inspector (with consul= tation with an acoustical engineer if necessary) prior to the issuance of a building permit, that the insulation of the buildings nearest 37th Avenue meets all FHA require- ments and is adequate to protect residents from the traffic noises created by proximity to that busy roadway. (.2) . No building may be constructed closer to 37th Avenue N.E. than any existing building in the Fosston Townhouse complex. (3) Also prior to the issuance of the building permit, the Building Inspector shall determine whether the landscaping plans. for the project are in.: conformance* with the require- ments set in the City ordinance. The Council found, as did the Planning Commission, that under such a permit., individual home ownership may be allowed and the conditional use permit meets -the guidelines set for the property in the proposed City Comprehensive Plan. Before voting on the motion, an amended motion was made by Councilman Sundland and seconded by Councilman Marks, to add the following additions to the .conditions for approval for the permit: (4) Adequate drainage of the site must be provided by the developer so this development will not have an adverse effect on the adjoining property. (5) Soil borings be made, as required, at the expense of the developer.