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. Was notification adequate? MSA ~ 462.357, Subd. 3, which is made applicable to hearings on conditional use permits by ~462.3595, Subd. 2, provides that "the failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made." The City Code similarly provides in Section 108.01B that "failure to mail notice or the failure of the property owners to receive the notice shall not invalidate the proceedings." While the official mailed notice of the planning commission hearing was admittedly deficient, the defect does not obviate the proceedings or require another formal hearing to be held. It appears clear from previous hearings and meetings that all affected property owners and residents have actual notice of the pending proceedings. . How does the 24 hour service ordinance affect this proposal? It is applicable because of the hours of operation proposed and the performance standards specified in Section 1 006 of the City Code will be applied to the site plan to be submitted subsequent to action on the Conditional Use Permit. . What conditions should/could be added to the Conditional Use Permit? While city staff have concluded that current code provisions and standards, and the proposed terms and conditions of the Conditional Use Permit, are sufficient to protect neighboring properties from the land use impacts of the proposed use, the Council could impose additional reasonable terms and conditions to protect neighboring properties. I am not confident, however, that the concerns and claims entered into the record to this date would be sufficient to sustain a denial of the proposed conditional use permit. 3