11.03 - Sept 7, 2010 City Council Minutes

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City Council Minutes September 7, 2010 Page 4 of 13 -------------------- - - - - -- Mayor Adams asked for additional public comment. There being no further comments, COUNCIL MEMBER SJOBLAD MOVED TO CLOSE THE PUBLIC HEARING. COUNCIL MEMBER NAGEL SECONDED THE MOTION. MOTION CARRIED MOTION CARRIED 5 -0. Chuck Marohn noted that most of these issues have been covered by the Planning Commission. Council Member Malecha questioned if the City ordinance prohibited a grooming and boarding facility to be located on the same parcel. Chuck Marohn explained that this is actually a boarding facility with a grooming facility as an accessory use which is allowed on one parcel. Mayor Adams questioned whether a permit was required to work on the structure. Chuck Marohn stated that no permit was required as it was an existing structure. Council Member Nagel questioned if the Planning Commission discussed the existing covenants. Chuck Marohn stated that the covenants were discussed, however, the covenants are a private contractual agreement between property owners and the City is not responsible for enforcing private agreements. The Mayor asked about the issue of whether this use is a home occupation. Chuck Marohn stated that this is not a home occupation. Dave Sjoblad stated that he would have a difficult time denying the conditional use permit based on the advice of the City Attorney. He noted that the Attorney indicated that the City would have a difficult time denying application based on the Planning Commission's record which includes the findings of fact and conditions set on the conditional use permit. Mayor Adams stated that she would like to add a requirement that an unannounced inspection be made by staff once per month the first year, once per quarter for the second year, and every six months for the third year. COUNCIL MEMBER SJOBLAD MOVED TO DENY THE APPEAL. COUNCIL MEMBER MALECHA SECONDED THE MOTION. Council Member Nagel stated he is torn about making this decision but feels that he must deny the appeal based on the advice of the City's legal Counsel. Council Member Ryan asked for an explanation regarding the initial denial of the application by the Planning Commission. Chuck Marohn explained the course of action by the Planning Commission regarding this issue.