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Public Hearing <br />May 12, 1995 <br />Page 2 <br />- Domestic Abuse Shelter Ordinance Amendment <br />Also attached are various documents regarding the legal aspects of conditional use <br />permits. In general. State statute indicates that standards and criteria for a given use should <br />appear in the ordinance. The case law presented by former City Attorney Bruce Malkerson at <br />a recent workshop suggests that if all ordinance standards are met by an applicant, the courts <br />will not uphold a denial. Therefore, the standards and minimum requirements in the Code must <br />be adequate to limit the use to what is acceptable to the City. Finally, a copy of the Zoning <br />Code conditional use section is attached for your reference, <br />StafT Recommendation <br />This public hearing is intended to consider amendment of the Zoning Code to allow <br />domestic abuse shelters in general. The intent is not to review the specifics of the Hessberg <br />request. Planning Commission should consider whether the proposed standards for an R-1A or <br />B-4 conditional use are appropriate and adequate for the shelter use. Also note that the public <br />hearing notice in addition to being published has been sent to the expanded property owners’ list <br />(350’+) in addition to all owners of property zoned B-4 in the City (this includes the properties <br />along both sides of Shadywood between Lydiard Avenue and Shoreline Drive, plus the Casco <br />Run office building further west on County Road 15). Staff will make a brief presentation, <br />followed by public input and consideration by the Planning Commission.