1976.07.14 PC Minutes - Laserfiche WebLink

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Planning Commission Meeting July 14, 1976 Page 3 of 5 pages feet from a low area that appe?red to have periodic flooding; this area could be planted with a species such as white cedar, black spruce, white spruce, soft maple or black ash; Norway could not stand the flooding. Spitzer said that since the last meeting, he has talked with the (pity :attorney and it is his understanding that the matter under discussion is a new special use permit. According to the Attorney, the City Council has stated that all the matters contained in the original special use permit, except the tree planting condition, have been discussed and acted upon and are a matter of record and at the hearing last month, the Chair instructed the people that the only matter under discussion was the tree planting. Attorney said this was not exactly correct but thaw the dir- ections that should have been given was that no m7tter covered in the original Special Use Fermit except the tree plant inv- was available for discussion. The transcript shows that anynne who wished to speak was given the opportunity to do so. It also shows that the Chairman addressed the sec- retary and the Planning Commission members that the matter under discuss- ion was the tree planting. It is my understanding, it is the proper ac- tion of the City to consider the issuance of a new special use permit to the White Bear Rod and Gun Club and owing to the manner in which the hear- ing was held, no one was denied the opportunity to speak on any aspect of the matter and the City Attorney sees no particular legal reason why a new public hearing should be held. If a new permit is issued all the original conditions should be attached but there should be some house- cleaning done, he said. As an example - the driveway now in existence should be maintained in good order, he said. Spitzer asked Perron if he had any comments regarding the Forester's report. Perron said the reason they stopped planting was because they .,,ere getting into the low area. He said he would concur with the Forester's decision. Mrs. Peltier referred to page one of the transcript where it said the White Bear Rod & Gun Club be granted a variance from the tree planting. She asked what the notice said in the newspaper. Spitzer read the notice which referred to amending Item #�2 and considering re -issuance of the Special Use rermit. He said mentioning a variance would not make it a legal defect, according to the ,attorney. she then asked how only one condition could be considered, if in fact a new special use permit is to be considered. Spitzer said th t the Council maintains that the other conditions have been covered and adequately discussed except for the tree planting condition. Spitzer asked if the Planning Commission members believe the public hearing was prejudicial. If it was, it would be necessary to hold another public hearing. If it is the opinion that it was not prejudicial, then we should take action on the issuance of a new special use permit, he said. Mrs. 'Peltier made motion, seconded by Greger, to hold a new public hearing for the White Bear Rod & Gun Club for a new special use permit at 7:00 P.M. on August llth. Motion made by Ehret, seconded by Peltier, to ^ mend Mrs. Pelt ier ' s motion, to state that the previous public hearing was held in a prejudicial manner at the direction of the Chair due to some degree of misunderstanding between the directions of the City Council and the Chair. Voting for: Ehret, Greger and Peltier. Voting against: Spitzer, Rosenquist and Feloquin. Motion failed. Spitzer asked planning Commission members if they were generally in favor of issuing a special use permit to the White Bear Rod and Gun Club. Straw vote showed majority in favor.