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Planning Commission Minutes February 29. 2000 Page 9 . COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION FAILED 3-3. Commissioners Schuster, Chambers and Kuester voted in favor of the motion. Commissioners Baker, Thompson and Morphew opposed. Commissioner Thompson stated that she felt 3 additional years was too long. Commissioner Baker stated that the applicant needs to make it a priority to sell the property and to explore all options that are available. COMMISSIONER CHAMBERS MOVED TO RECOMMEND DENIAL OF THE REQUEST BY TIM SMITH, PUBLIC HEARING CASE NO. CU 00-3, AND TO RECOMMEND MODIFYING CONDITION NO.4 TO REQUIRE REMOVAL OF THE HOUSE BY A SPECIFIC DATE TO BE DETERMINED BY THE CITY COUNCIL. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION FAILED 2-4. Commissioners Kuester, Thompson, Baker and Morphew opposed. 5.6. Reauest by Frank Madsen for Land Use Mao Amendment to Remove Prooerty from Urban Service District Public Hearing Case No. LU 00-1 5.7. Reauest by Frank Madsen for Rezoning from R 1 c to R 1 a. Public Hearina Case No. ZC 00-3 . Staff report by Steven Wensman. Frank Madsen, 19640 Proctor Road, is requesting a land use amendment to remove property from the urban service district, and a rezoning of his property from R 1 c (single family residential) to R 1 a (single family residential). Mr. Madsen proposed to subdivide his property and sell three acres to another party who does not want to connect to City sewer and water. Chair Thompson opened the public hearing. Frank Madsen, applicant, stated that he did not attend a meeting which was held during the Comprehensive Plan review in which a neighbor opted to be excluded from the Urban Service District. He stated that if he had been aware of the option, he would have also asked that his property not be included. There being no other comments from the public, Chair Thompson closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY FRANK MADSEN FOR A LAND USE MAP AMENDMENT TO REMOVE PROPERTY FROM THE URBAN SERVICE DISTRICT, PUBLIC HEARING CASE NO. LU 00-1. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY FRANK MADSEN FOR A REZONING FROM R1C TO R1A, PUBLIC HEARING CASE NO. ZC 00-3, WITH THE FOLLOWING CONDITION: 1. THAT IF IN THE FUTURE, THE APPLICANT WISHES TO RETURN TO THE URBAN SERVICE DISTRICT, THE APPLICANT SHALL BEAR THE COSTS OF PROVIDING SEWER AND WATER TO THE PROPERTY. .