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r' <br />Planning Commission Meeting <br />June 9, 1976 <br />Page 7 of 10 <br />A•iotion made by Peltier, seconded by Ehret, to approve the minutes of <br />the '•ay 26, 1976 meeting as sent out. All aye. Motion carried. <br />Ordinance Amendment <br />Iiotion made by Peltier, seconded by Spitzer, to recommend to the City <br />Council, amending Chapter 320 of the Hugo City Code entitled Zoning, in <br />Sec. 320-4, Subdivision K. regulations for Concentrated Business District, <br />Sub—Paragraph 3, titled "Special Uses", add Retail Motor Vehicle Sales <br />and Service. Voting for: Spitzer, Ehret, Peloquin and Peltier. I!otion <br />carried. <br />'Ihite Bear Rod & Gun Club <br />Spitzer explained that the Planning Commission is reviewing what <br />amounts to a variance to the Special Use Permit regarding the tree plant— <br />ing condition. It is my understanding, he said, that the entire Special <br />Use Permit as originally issued had been subjected to public hearings and <br />had been deliberated. We are being asked to make a change in one of these <br />conditions, he stated. It is the purpose of the Planning Commission to <br />make recommendations — not to insure their conformance nor is it our judg— <br />ment to decide if all the conditions that we have set forth were met — <br />we are not the judicial system. The choices possible as seen by the chair <br />are as follows: 1) a proper variance is in order 2) That the Special <br />Use Permit as originally issued would be re—instated and put in force sub— <br />ject to judicial review and compliance by the police department, and 3) <br />if we do not believe such a variance is right and proper, then the last <br />part of Condition r2 will therefore be effective and the special use per— <br />mit will cease to exist. <br />I do not believe that the fact that litagation is now outstanding, <br />should have any bearing on our decision, Spitzer s^id. Such consideration <br />at this time is right and proper, accorain�.- to our attorney. Chair believes <br />basically, there is a choice of either approval of, denial. <br />Peltier stated she doesn't feel it should be referred to as a variance. <br />Spitzer said whatever you choose to call it — it is a review. Spitzer <br />said facts are as follows: Item ##2 was not completed as of the required <br />deadline. Also we would agree the tree planting — specific number of trees, <br />etc have been net and if the deadline was June 1, 1976 instead of June 1, <br />1975, they would be in compliance. <br />Schwab said the special use permit does state that the permit would <br />be null and void in it's entirety and now that we have a new application <br />for a special use permit, we should hear from the citizens on any infor— <br />mation that they have where there are any conditions which have not been <br />met adequately. There are many things that are in existence now and we <br />should be willing to listen to comments from the public. If the forty <br />decibels are still valid and we listen and then give the complaint to the <br />City Council, then the Council can send out the Police Chief to check it <br />out, he said. I think the position we take tonight should be listen to <br />the public, then discuss with the attorney before making any decision, he <br />further stated. <br />