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MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 3, 1981 Page 2 <br />and subject to the following conditions: <br />1 - Council will not grant setback variances to Lots 1 <br />& 2 for any future construction based on the above <br />findings. <br />2 - Dedication of 10' of right of way for Togo Road. <br />3 - New access off Togo to be approved by public works <br />department. <br />4 - Payment of a park dedication fee of $440.00 for Lot 1. <br />Goetten seconded. Vote: Ayes (6), Nays (0). <br />The following persons were present for Parkview Centers: <br />Conrad Schmitt, Mr. & Mrs Judd Ringer, Graydon McCulley, <br />Qene Tomlinson and Mr. Curran. <br />Adams wanted clarification of the buffer area that was <br />designated on the plans. Schmitt noted that this was in <br />response to a meeting he had with two members with the <br />Planning Commission where he suggest restrictive coven­ <br />ants would control only an area instead of a number of <br />patient limitatior. He suggested that the special <br />restrictive area could only be developed under certain <br />percentage. <br />Adams noted that this would not serve the original <br />intent for the bed limitation. Future operators could <br />put any number of beds given that kind of control. <br />Where is the protection to the surrounding property <br />owners? <br />Jabbour stated maybe there are other ways that the City <br />could acquire controls if deed restriction appear too <br />cumbersome and rigid. The City Attorney can properly <br />advire Council as to the best method. <br />Adams stated that the only way proposed commercial use <br />of residential property could be approved are if there <br />are effective controls for the future. <br />Planning Cvommission agreed that they could not allow <br />any more than 36 beds for the facility. That would <br />be the maximum. <br />Schmitt felt that this was a very unrealistic restriction <br />because this type of deed restriction would control the <br />property for the next hundreds of years. <br />Jabbour stated that a deed restriction only lasts 30 <br />years. <br />4 <br />PARKVIEW TREATMENT <br />CENTER <br />2280 Wayzata Blvd. <br />Conditional Use <br />Permit <br />#616 <br />! 1