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May 22, 1996 Plan Commission Meeting Minutes Page 4 <br />Mr. Goldman replied that the proposed Zoning Code in process will treat motor vehicle repair uses <br />as incompatible to the "RC" - Retail Commercial Zoning District. The current zoning code states <br />under Section 34-65.1, "The Council may authorize, as an exception to the provisions of this zoning <br />chapter, the construction or undertaking of any conditional use that is expressly permitted as a <br />conditional use in a particular zoning district." <br />Mr. Durham replied that the Plan Commission has already deemed this use compatible by previously <br />approving the conditional use permit. <br />Ms. Peniston moved that the Plan Commission recommend denial of the amendment to Conditional <br />Use Permit #302. The motion was seconded by Mr. Foxworth and passed by a vote of 4 to 0, with <br />all members voting "aye." <br />Proposed Historic Landmark and Text Amendment §34-128 "Purcell Avenue Sugarberry Tree <br />Historic Landmark," near the southeast corner of Bartmer and Purcell <br />Chairperson Solodar announced that a hearing was scheduled to hear an application from the Historic <br />Preservation Commission for historic landmark designation of the sugarberry tree located <br />approximately 60' south of the southeast corner of Bartmer and Purcell along the western edge of the <br />property addressed as 6850 Bartmer. <br />The Chairperson noted the Commission's procedures and criteria for reviewing historic landmark <br />designations. A representative from the Historic Preservation Commission did not attend the <br />meeting. <br />Mr. Schoomer stated that this has been on the Historic Preservation agenda for the last 18 months. <br />They are interested in preventing any damage to the tree. <br />Chairperson Solodar called on Planning Director Al Goldman to provide the staff report. Mr. <br />Goldman stated that having found the proposal not inconsistent with the comprehensive plan, he <br />recommends approval of the Historic designation. He suggests the following modifications to the <br />proposed regulations: <br />Change Item 3 in Section 34-128.2 to read: <br />3. Construction, grading or storage of dirt or materials <br />Change Item 3 in Section 34-128.3 to read: <br />3. No new construction grading or storage of dirt or materials shall be allowed within <br />50 feet of the trunk. <br />m-5-22.plc <br /> <br />