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Regular Planning Commission Meeting Minutes – Wednesday, July 06, 2011 Page 11 Mr. Lloyd opined that the list did include some useful instruction about the types of 513 practical difficulties that were being addressed; but the purpose of the proposed language 514 was to suggest that variances were not to be used as a convenience, but that “special 515 circumstances” were required. Mr. Lloyd further opined that using “practical difficulties” 516 would serve the same purpose as suggested by Member Boguszewski. 517 Chair Boerigter questioned whether simply using “characteristics” and “circumstances” 518 was sufficient, and eliminating the word “special.” 519 Member Strohmeier questioned if the intent of these revisions was basically intended to 520 put the City language into compliance with State law; with Mr. Lloyd responding 521 affirmatively, that it took into account relaxed state standards based on the most recent 522 legislation. 523 Chair Boerigter asked if Section C (Approval) was new language 524 Mr. Lloyd responded affirmatively; noting that the C city has always been able to impose 525 conditions, even if language in previous versions of the code left out that implication in 526 favor of the common knowledge that conditions could be imposed on any land use item. 527 Mr. Lloyd advised that the newly added language as proposed was directed by state 528 statute and at the recommendation of the City Attorney to cover all bases. 529 Chair Boerigter questioned if Section C.4 related to “unique circumstances” to the 530 property was pulled from the new statute. 531 Mr. Lloyd was unsure if it was from state statute or not; but noted that all three were 532 provided as model language from the League of Minnesota Cities (LMC)’s General 533 Counsel; and what the state statute provisions would mean. 534 Chair Boerigter suggested that in Section A (Purpose), language should say “unique 535 circumstances,” instead of “special characteristics” to be internally consistent within the 536 document. 537 Chair Boerigter closed the Public Hearing at approximately 8:02 p.m., with no one 538 appearing for or against. 539 MOTION 540 Member Boerigter moved, seconded by Member Boguszewski to RECOMMEND TO 541 THE City Council approval of an amendment to Section 1009.04 of the City Code; 542 as amended: 543 Section A: revise language from “special or extraordinary circumstances;” and 544 o “special characteristics” to “unique” circumstances or characteristics. 545 Ayes: 5 546 Nays: 0 547 Motion carried. 548 Staff indicated that the case was scheduled to be heard at the July 25, 2011 City Council 549 meeting. 550 6. Adjourn 551 Chair Boerigter adjourned the meeting at approximately 8:05 p.m. 552