| Member Boswell said that while he is in full agreement with recommending |
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| conditional land use approval, he does not agree that the Planning |
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| Commission should include a condition that the applicant cannot request a |
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| variance. He said he doesn't believe the Planning Commission has the |
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| authority to tell the applicant, if something were to come up in the future that |
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| they can't see now, that they can't request a variance. He said a variance is |
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| a property owner's right to request. Further, on the basis of whether the |
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| Zoning Board of Appeals feels the request is worthy, the variance can be |
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| The Chair said he cannot say whether it's legal or not, however, if this |
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| conditional land use is recommended for approval as stated in the motion |
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| and then is adopted by City Council as stated, and then the applicant found |
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| themselves in the future, in a position where they needed a variance, then |
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| they can't meet the conditional land use, at which point they can come back |
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| and ask for a modified conditional land use contemplating that it may |
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| require a variance request. He said he doesn't believe they are putting |
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| themselves or the applicant in a trick bag that they can't ever get out of |
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| should they find themselves in the situation that, right now, they can't |
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| anticipate, and neither can the Planning Commission. |
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