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City C6uncil Meeting June 9, 1981 Page Four DRAINAGE AND UTILITY EASEMENT ON LOTS 10 AND 11, BLOCK 2 OF GREENEHAD ACRES 2NDADDITION~. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Schroeder Conditional Use Permit Request The City Administrator indicated that the Planning Commission met on May 26, 1981 to specifically address the question of whether or not the zoning ordinance should be altered to accomodate Mr. Schoeder's request. The City Administrator indicated that the Planning Commissioners voted on a proposal to allow greater leniency in the conditional use process for home occupations and that the mo- tion failed for lack of a majority. The City Administrator further indicate that the Planning Commissioners were unable to come to any agreement for the purpose of forwarding a recommendation to the City Council. The City Administrator indicated that the City Council committee of the whole met on June 2, 1981 to review and discuss the question of altering the zoning ordinance to accommodate Mr. Schroeder's request. The City Administrator in- dicated that both the City Planner and the City Attorney were concerned that the ordinance not be changed in this situation, as it may pose problems for the City in its future operations. The City Administrator indicated that at the conclusion of a lengthly discussion, the committee members voted unanimously to recommend to the City Council that the City Council not alter the zoning ordinance in any manner to accommodate the particular request made by Mr. Schroeder. Councilman Toth indicated that the Council committee could not approve of the conditional use because of the problems that could be created due to the or- dinance change. Mr. Ed Hunt questioned the fire safety requirements of an estab- lishment if more than two people would be allowed. Councilman Schuldt indicated that the Council committee felt the conditional use request by Mr. Schroeder provided for a desirable activity in itself but that the problem was in changing of the zoning ordinance which could potentially create a situation in which the City Council would regularly be requested to make similar changes or in situations whereby the Conditional Use permit would have to be granted by the City in situation~much less desirable than Mr. Schroeders. Mr. Ed Hunt questioned whether the conditional use permit could be granted if a petition would be sub- mitted by the neighbors. The City Administrator indicated that the conditional use permit request could not be granted because it was not in compliance with the standards and requirements of the City's zoning ordinance under the home occupation. Councilman Engstrom indicated that it was a difficult decision for the Council committee, as Mr. Schroeder's request was for a desirable occupation and yet he could not comply with the City's zoning ordinance and further indicated that changing of the zoning ordinance could pose problems in conditional use re- quests is less desirable occupations. COUNCILMAN SCHULDT MOVED TO DENY THE CON- DITIONAL USE PERMIT REQUEST BY MR. SCHROEDER. COUNCILMANTOTH SECONDED THE MOTION. THEMOTIONPASSED3~0. 12. Eggert Conditional Use Permit Request Mayor Hinkle indicated that Mr. Felix Eggert, 19319 Oxford Street, has applied for a conditional use permit to allow a home occupation of making cabinets and furniture and further indicated that the Planning Commission unanimously recom-