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Session 1239, Minutes March 10, 1980 Page 4 CONSIDERATION OF CONDITIONAL USE PERMIT FOR AUTO REPAIR SHOP --930 N. MCKNIGHT The City Manager said Mr. Klaus Seibert applied for a conditional use permit to operate an auto repair shop.at 930. North McKnight.Road.. The Plan Commission approved the application by.a voteof 4.to 2 with the following conditions: 1. Staff -approved landscaping plan instead of a fence 2. Close.all but two driveways by installing new curbs 3. Erect a six-foot opaque fence along the rear property line 4. Remove gasoline tanks. 5: No auto body repair 6. No. outside repair work 7. No outdoor storage of auto parts 8. Staff -approved parking lot which fixes the number of parking spaces 9. No advertising for auto sales Mr. Seibert was asked to come forward. Mr. Seibert said he would not meet the conditions imposed by the Plan Commission. Councilman Adams then moved.that the application be denied. Councilman Sabol seconded the motion. Mr. Floyd Cohn, 11871 Cresta Verde, owner of the property in question, asked to address the Council. Mr. Cohn read a prepared statement in which he delineated the difficulties he has had with this property. He said he felt that Mr. Seibert was a good businessman and would be an excellent neighbor. He also said he did not feel the nine conditions imposed were overly restrictive, but said Mr. Seibert felt that he would be harassed by the neighbors, some of whom are opposed to hav- ing an auto repair shop at this location. Councilman Kelley asked Mr. Goldman if it was possible for the Council to approve this application, even though the -.applicant has said he would not meet the condi- tions imposed. Mr.. Goldman said he felt that was a legal question. Councilman Metcalfe said it was her understanding that the Council had the prerogative in this situation to impose all,.some_or even..none.of the conditions, depending on what they wished to do. . Mr. Edward Miller, 1000.Chartres, asked .to Address the Council. Mr. Miller said he did not wish to repeat what he said at the Plan Commission meeting about this application..unless the -Council was..consideriug..approval. Mayor Mooney said Mr. Miller would be..recalled if that.is under consideration. Mr. Sol Feit, 1004 N. McKnight, asked to address the Council. He, too, said he did not want to comment unless Council considers approving the application. Mr. Selbert was asked to come forward again. Mr. Seibert said he had not with- drawn the application, but said he did not want to comply with .the conditions, and also felt there was a great deal of opposition to the application. Councilman Sabol questioned Mr. Seibert at some length about the types of activ- ities which might take place at this location,. commenting that:he-hoped some type of compromise could be reached, so that the neighbors would not object to this: business. Mr. Seibert reiterated that he would not meet;ahe conditions..