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r <br />• • <br />MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 1981 Page 4 <br />Applicant was not present. Rovegno asked about the planting <br />f useful vegetation. Goetten noted that the City would <br />te obtaining the flowage and conservation easements. <br />Rovegno asked if it was denied would it be a misdemeanor; <br />before of after the fact? <br />Goetten moved to approve the "after the fact" conditional <br />use permit of James Thaxter subject to the condition that <br />the applicant complete a quit claim, and flowage and <br />conservation easement, over the wetlands prohibiting all <br />future filling, dredging and oxygenation of the wetlands <br />and to encourage the natural vegetation to return to the <br />area. Final goal to restore the area to its original <br />state. <br />Adams seconded. Hammetel asked if there was any further <br />discussion. <br />Opheim stated that he couldn't see how the City could <br />force the applicant to execute the deed if denied. <br />■■ * <br />Rovegno suggested denial of the application. He stated <br />that the applicant was in violation of the Zoning Code <br />and the wetlands ordinance. <br />JAMES R. THAXTER <br />1065 Tamarack Ihri! <br />Conditional Use i <br />Permit <br />#644 <br />Opheim noted that if it was an honest mistake and not <br />a flagrant violation of our codes that they could <br />recommend approval. Then if the City was to approve <br />it they would be likely to obtain the deed and easements. <br />Callahan stated that they should deny it but that the <br />City can not legally force him to sign, all they can <br />do is request it. <br />Goetten stated that they were not "approving" what was done, <br />nor have they in the past, but that their prime concern <br />is for the future of this wetlands area and that in <br />"approving this conditional use permit and obtaining a <br />flowage and conservation easement, the City will now have <br />control over this sensitive area". <br />Rovegno read from the Zoning Code Section 32.460. He <br />stated that they did not have the findings to recommend <br />approval, and that if there was no practical way to <br />solve it why approve it? <br />Opheim stated that they should have tagged him right <br />away. If the City wants the deed then approve the <br />conditional use permit and they are more likely to <br />get it. « <br />Rovegno stated again that the applicant was in violation <br />of the wetlands ordinance and all the City's policies <br />on dredging. <br />Planning Commission asked staff to get the City Attorney's <br />opinion regarding the City's postion in relation to "after <br />the fact" conditional use permits.