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Regular Planning CommissionMeeting Minutes –Wednesday, March 2, 2016 Page 35 Member Stellmach admitted he continued to be hung up on the easement and placement 1723 of the fence on the northern edge of the property, and where it should be placed, whether 1724 on the property border or if that would require the property owner to violate the terms of 1725 the easement.Member Stellmach stated that he wasn’t sure he could recommend that 1726 they do so without having sufficient facts before him. 1727 Member Murphy stated that his limited reasoning led him to believe that the Commission 1728 was making a recommendation to the City Council.Further, Member Murphy noted that 1729 the City Council and in their role as the Board of Adjustments and Appeals had 1730 thoroughly debated this as part of the IU and deemed it an appropriate condition. 1731 Member Murphy noted that the Commission was simply reinforcing that recommendation 1732 be included as part of the IU as well; and opined that the vagary had been resolved as 1733 much as possible by the Board of Adjustments and Appeals. 1734 Member Stellmach stated that basically this resulted in the Commission deferring to 1735 someone else to decide. 1736 Member Murphy confirmed that intent, opining that the Commission, City Council, Board 1737 of Appeals and had all gone around the track already in this decision-making and upheld 1738 staff’s administrative determination.Since that group had already considered it, Member 1739 Murphy clarified that it would now be up to them to consider this Commission 1740 recommendation as well. 1741 Member Cunningham opined that all questions that could be answered had been 1742 answeredat this point; and further opined that she was prepared to make the best 1743 possible recommendation she could at this point and with the information she had 1744 available. 1745 Member Bull stated that his preference would be to deny the motion and let the Vogels 1746 continue with the IU through 2019.Member Bull opined that this CU provided them with 1747 nothing other than permanency, while a 5 year IU can or may not be extended.Member 1748 Bull further opined that there were a lot of issues in being a good neighbor; and used 1749 cutting down the trees as viewed earlier as a good example creating some of this friction. 1750 Chair Boguszewski stated that Member Stellmach brought up a good point with the 1751 uncertainty with something that he considered was actually discoverable.Chair 1752 Boguszewski further noted that Member Cunningham was correct in stating that 1753 the Commission was doing the best it could under those conditions and without 1754 additional discovery.Chair Boguszewski also noted that it part of the CU in 1755 determining its performance standards to request things due to the finance issue. 1756 Chair Boguszewski stated that he would like to investigate actual requirements of 1757 the bank as to their actual needs.While recognizing that this issue has been before 1758 the Commission and City several times now and for a long time, Chair 1759 Boguszewski opined that since it’s now being considered a permanent use 1760 through this CU, it required more detailed review. 1761 While recognizing the unpopularity of the move, Chair Boguszewski stated his intent to 1762 move to TABLEaction on this request, pending discovery and information represented in 1763 areas identified tonight and uncertain to the Commission in areas as noted, including the 1764 nature of the easement and whether it is feasible toplace the fence along the northern 1765 edge of the property or where the fence could be placed closest to the northern edge of 1766 the property line. 1767 Member Stellmach agreed with Chair Boguszewski, stating his need to abstain from 1768 taking action to approve or deny the request of Vogel Mechanical for a Conditional Use 1769 without having that information available as part of his personal decision-making process. 1770 MOTION 1771 Member Boguszewskimoved, seconded by Member Stellmachto TABLE 1772 consideration of this item to the next meeting of the Planning Commission (April 6, 1773 2016); pending discovery and information represented in areas identified tonight 1774