07-06-2021 Regular CCM - Laserfiche WebLink

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