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Planning Commission Minutes February 25, 1997 Page 9 • of other structures which were approved by the city that are much higher than the requested 70 ft. flagpole, such as communication towers. Mr. Smith provided information from a Florida federal court case which granted a car dealership to display 23 flags. Chair Anderson asked City Attorney Peter Beck whether or not the city would be violating the restaurant owner's rights for freedom of speech in denying the request. The City Attorney stated the Planning Commission is not denying the display of a flag; rather, restricting the height. Chair Anderson closed the public hearing. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMENDED DENIAL THE REQUEST BY PINNACLE FOODS, L.P. FOR A 70 FOOT HIGH FLAGPOLE TO REPLACE THE EXISTING 35 FOOT HIGH FLAGPOLE. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Mesich indicated he felt that in accepting a Perkins Restaurant in the city, the city should accept their request for a large flag, since it is a well- known tradition of the Perkins Restaurants. He did not feel the city's ordinance addresses flags as signage. Also, the neighbors were notified of the request and only one resident has expressed an objection. Commissioner Sullivan expressed her agreement with Commissioner Mesich. THE MOTION CARRIED 4-3. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL • OF THE REQUEST BY PINNACLE FOODS, L.P. FOR A CONDITIONAL USE PERMIT TO EXPAND THE PERKINS FAMILY RESTAURANT AND BAKERY. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.5. Derrick Investment Request for Amendment to PUD Agreement, Public Hearing Hearing Case No. CU 96-19 Staff report by Steve Ach. Derrick Investment is requesting an amendment to the planned unit development for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 and older. Roger Derrick, developer of the project, stated market research of their recent other developments in Eagan, Rochester and Albert Lee has indicated the need to open residency of the townhome project to all ages. Mr. Derrick explained the research firm has suggested either eliminating the age restriction or, eliminate the clubhouse. When surveying potential buyers, the majority favored eliminating the 55 years and older restriction and keeping the clubhouse. Mr. Derrick stated if the age restriction were removed, he could not legally turn away people with children. He noted the development would not cater to families and there would be no play area. Mr. Derrick also felt the parking issue could be addressed. Chair Anderson opened the public hearing. Ellie Kretsch, 11865 193rd Avenue, expressed her disappointment with Mr. Derrick, • stating the residents had worked hard with him to resolve issues which were based on the fact the development would be for residents 55 years and older.