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City Council Minutes December 19, 1994 Page 10 e He indicated that because the Taco Bell is not located near a residential area, the Planning Commission felt limiting hours of operation was not necessary. James Tacheny, Planning Commission Representative, indicated that the Planning Commission reviewed this request and recommended approval. CouncilMemberHolmgren stated that hewould like the Planning Commission and City Council to review any change ill operating hours that would allow the restaurant to be open 24 hours. He suggested approving the Conditional Use Permit for operation between the hours of6:00 a.m. and 2:00 a.m. Mayor Duitsman opened the Public Hearing, there being no comments from the public, Mayor Duitsman closed the Public Hearing. Council Member Farber indicated that because the restaurant is not affecting neighboring residents, he did not feel it was necessary to place a time restriction on hours of operation. COUNCIL l\IEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DOVOLIS, JOHNSON, AND RUGGIERI, INC. FOR SITE PLAN REVIEW OF A CLASS 2 RESTAURANT WITH A DRIVE-THRU IN ELK PARK CKNTER PUD (PLANNED UNIT DEVELOPMENT) WITH THE FOLLOWING CONDITIONS: e 1. ALL COMMENTS MENTIONED IN THE REPORT TO THE PLANNING COMMISSION, DATED NOVEMBER 22, 1994, BE INCORPORATED INTO REVISED PLANS AND SUBMITTED FOR STAFF REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. ALL COMMENTS MENTIONED IN TERRY MAUER'S l\fEMO DATED NOVEMBER 11, 1994, BE INCORPORATED INTO THE REVISED SET OF PLANS. COUNCIL MEMBER DIETZ SECONDED THE MOTION. MOTION CARRIED 4-1. COUNCIL MEMBER HOLMGREN OPPOSED. 7.6 Consider Dan Nikol's Request for Easement Vacation Public Hearing. Case #EV94-05 City Planner, Steve Ach, indicated that Daniel Nikol's is requesting an Easement Vacation for a 60' x 63' section of Zane Street in the Royal Oaks subdivision. e