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City Council Minutes Page 3 <br />July 6, 2021 <br />----------------------------- <br /> <br />Mayor Dietz opened the public hearing. <br /> <br />Josh Nelson, applicant, stated he was available for questions. <br /> <br />Mayor Dietz closed the public hearing. <br /> <br />Councilmember Westgaard feels the lot is too small for keeping five large dogs. He <br />questioned if Council is required to approve the request or provide some sort of <br />accommodation, referencing a letter the Council received today stating the applicant <br />meets certain criteria for protections under the Americans with Disability Act, the <br />Fair Housing Act, and the Rehabilitation Act of 1973. <br /> <br />Councilmember Christianson concurred and asked if anything could be done so the <br />permit doesn’t run with the property. <br /> <br />Mr. Beck stated he hasn’t seen the letter and would like time to review it. <br /> <br />Councilmember Westgaard asked if a condition could be added to the CUP so the <br />private kennel would expire upon sale of the property. <br /> <br />Mr. Beck stated this condition would not be legal under CUP requirements, but the <br />applicant could apply for an Interim Use Permit (IUP) which can be tied to an event <br />certain and subject to conditions. <br /> <br />Councilmembers Beyer and Wagner stated they are not ready to decide without a <br />legal opinion about the letter. <br /> <br />Council consensus to waive the fee for an IUP application and to delay this matter <br />until attorney opinion can be provided. <br /> <br />Moved by Councilmember Christianson and seconded by Councilmember <br />Beyer to continue this item to the July 19, 2021, Council meeting. Motion <br />carried 5-0. <br /> <br />7.2 West Oaks, LLC and Heritage Maples Senior Living, LLC, Broadway <br />on 10 <br /> Conditional Use Permit: Establish a Planned Unit Development <br />(PUD) <br /> Preliminary Plat: Broadway on 10 <br /> <br />Mr. Leeseberg presented Mr. Carlton’s staff report. <br /> <br />Mayor Dietz opened the public hearing. <br /> <br />David Fasanello, 18386 Xerxes Street, expressed traffic concerns and would like to <br />see two connections. He suggested Yankton Street be turned into a one-way to the <br /> <br />