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TO: <br />FROM: <br />r <br />Planning Commission Members <br />Ron Mixirsc. City Administrator <br />Michael P. Gaffron. iVssi. Planning & 7.oning Administrator <br />DATE: September 15, 1994 <br />SUBJECT: #1948, Frank Kokcsh'Joan Harmon, 4100 Watertown Road • Conditional Use <br />Permit - Continuation of Public Hearing <br />List of Exhibits <br />A - Site Plan (Aerial Photo & Letter) <br />B - Notice of Planning Commission Action 8/24/94 <br />C - Memo and Exhibits of 8/11/94 <br />Discussion <br />This item was tabled at your last meeting pending receipt of a comprehensive site plan ot the <br />property indicating the exact areas which Ms. Harmon ^^ould be using under her lease <br />acrcement. Mrs. Kokesh agreed to provide such a plan by identifying the various buildings a <br />areas to be used on the air photo, which Jeanne Mabusth found acceptable. <br />After reviewing the conditional use siiuaiion with Jeanne Mabusth and the City attorney, and <br />afler additional discussions with applicant ‘s attorney. Mr. Ritts, staff has concluded that it wou d <br />be most appropriate to issue the conditional use permit to the Kokeshes as property ^ <br />references acknowledging the lease agreement with Ms. Harmon. A stipulation could be add <br />that the conditional use permit must be reapplied for under any new lessee. <br />Planning Commission questioned whether there are other similar situations '^e <:>t^ w^re <br />the propertv owner is issued a conditional use permit but the use allowed by the Perm« « <br />Gyrated bv' a second partv. Reviewing the list of potential conditional uses m a residential <br />Z(me we are unaware of any other horse boarding or training situation operated thusly in the <br />Citv However, a somewhat parallel situation exists with the day care conditional use permit <br />at the comer of Hichwav 12 and Countv Road 6. in which Onen Brothers own the property but <br />LuAnn Walters operating as Open Arms Day School runs the day care center In that case, the <br />c^nS "rtTrintt Ls is^ed as -running sv.th the property", and both the owner and <br />operator signed the resolution. <br />Please acain review the staff memo of August 1 1th. specincally'^the issues for consideration on <br />page 3 and the options for action on pages 3 and 4. Bnetly. the opt.ons tndude. <br />1. Dental of conditional use permit, denial of variance to allow a non-owner to <br />Operate a riding academy.