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Planning Commission Minutes — December 8, 2005 <br />Page 4 <br />Hoffbeck was concerned about a change in ownership and asked if he had previously sold a bar <br />he owned. He answered that he bought his first bar when he was 19 years old and sold it after a <br />few years. He has owned Monty's for 21 years, which is a bar where there is dining and a <br />kitchen that he leases out to Key's. <br />Rosenquist pointed out that it would be spot zoning and with that, there could be building <br />setback issues. <br />Weidt asked the applicant if they had looked into other areas. Montpetit said he knew of no other <br />properties available. <br />The CDD pointed out other properties in the City that were zoned to accommodate a <br />bar/restaurant. Montpetit indicated that he was ready to develop now. This site was available. <br />McRoberts asked if there were tax consequences. The CDD said the tax would be based on the <br />use and there were other uses that would be allowed in the C-1 Zoning District that would <br />generate taxes. <br />McRoberts said it would need to be determined if the legal non -conforming use had ceased to <br />exist. He had concerns regarding the abrupt transition in uses if the property was rezoned. <br />Kleissler said she thought it was a nice design but had a tough time justifying the location. <br />Schumann recalled that there was a lot of time spent on developing the plan for Hugo. They were <br />pretty careful in the final zoning map and comfortable with how it was. He pointed out that if it <br />was determined that the legal non -conforming status remained; it could not be expanded on. <br />McRoberts said he did not object to the quality of the proposed use, strictly the location of it. <br />Montpetit said a bar/restaurant had been located on the site since Treagers. <br />Schumann said the noise was not an issue back then and did not become an issue until the early <br />1980s when it became more of a sports bar. He agreed with McRoberts that is was not the use, <br />just the location that was an issue. <br />Montpetit said the concerns to the east could be addressed with buffering. <br />Schumann said rezoning could not be based on a proposed use. <br />Rosenquist made motion, Hoffbeck seconded, to recommend denial of the rezoning and directed <br />staff to look into the legality of the time frame for a non -conforming status. <br />All Ayes. Motion carried. <br />Schumann thanked the audience for their input. <br />