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HomeMy WebLinkAbout1980 09-25 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER- 25 , 1980 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7: 35 p.m. ROLL CALL Chairman Hawes, Commissioners Malecki , Manson, Lucht and Simmons. Also present were Director of Planning and Inspections Ronald Warren and Planning Assistant Gary Shallcross. Building Official Will Dahn and Commissioner Theis arrived later during the meeting. APPROVAL OF MINUTES - September 11, 1980 Motion by Commissioner Lucht seconded by Commissioner Manson to approve the minutes of the September 11, 1980 Planning Commission meeting as submitted. Voting in favor: Chairman Hawes , Com- missioners Manson and Lucht. Voting against: none. Not voting: Commissioners Malecki and Simmons as they were not at that meeting. APPLICATION NO. 80034 (Lee A. Cook, Sr. ) Following the Chairman' s explanation, the Secretary introduced the first item of business, a request for a variance from Section 35-400 of the zoning Ordinance to allow. a 20 ' x 24' garage to be built 6 feet from Twin Lake. Avenue North right-of-way rather than the required 35 feet. The Secretary reviewed the contents of the staff report for the application. (See Planning Commission in- formation sheet No. 80034 attached) . In reviewing the application, the Secretary also referred to previous applications dealing with setbacks from Twin Lake Avenue North. He stated that the City Council in denying a Variance under Application No. 74054 had re- quired the full front yard setback to be applied to properties along Twin Lake Avenue at least for dwelling space. In addition, the Secretary stressed that the Planning Commission should seek to minimize the variance if possible and questioned whether a garage of reasonable size could be less than the 24 feet depth requested by the applicant. He also noted that the existing garage is roughly two feet from the front property line and that, therefore, the proposed variance for a garage six feet from the property line would be a slight improvement. Commissioner Theis arrived at 7:48 p.m. Chairman Hawes inquired whether there is any likelihood that Twin Lake Avenue would be connected someday to Twin Lake Boule- vard creating a through street. The Secretary stated that such a connecting link would face difficulties in the area where it would intersect the Soo Line railroad tracks. Chairman Hawes asked whether the property to the north is actually zoned 0-2 . The Secretary answered that that zoning designation has been applied to the property, but that the City Attorney has advised that should anyone wish to develop the property for some more intense use, the 0-2 zoning would not be difficult to enforce. Chairman Hawes asked whether the property to the north could be 9-25-80 -1- considered buildable. The Secretary answered he was not familiar with the soil conditions but assumed the area was buildable. In answer to another question from Chairman Hawes, the Secretary stated that a through street past the property in question would probably make little difference in this case since other garages in that area are in a similar situation. Commissioner Simmons noting that cars parked in front of the garage would extend into the boulevard, asked whether a sidewalk is planned for that section of Twin Lake Avenue. The Secretary answered that there is no plan for a sidewalk in that area. In response to a question from Chairman Hawes regarding whether the boulevard parking prohibition affected cars in driveways,. the Secretary stated that the boulevard parking prohibition is en- forced when a car parked in a driveway is blocking a sidewalk. Following further discussion of the space between the garage and the front right-of-way, Commissioner Lucht asked whether there are situations like that contained in the application. The Secretary answered that there are some similar situations along Twin Lake Avenue. Commissioner Theis inquired where the garage on the lot to the north is located. Mr. Lee Cook answered that that garage is attached to the house and sits back some distance from the street. In response to a question from Commissioner Lucht, the Secretary pointed out that he is not aware of many other 28' wide lots in Brooklyn Center. Commissioner Simmons concluded that without a variance, Mr. Cook would be unable to have a garage at all. The Secretary con- curred and pointed out that there is no excess land which could be acquired to make the property conforming. Chairman Hawes and Commissioner Malecki discussed the provision to be made for emergency vehicles. The Secretary stated the eight foot separation between the proposed garage and the exist- ing garage on. the property to the south would probably make it possible for an emergency vehicle to squeeze through. It was _ also noted that emergency vehicles could certainly reach the house by crossing over the property to the north. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. The applicant, Mr. Lee Cook, Sr. , pointed out that very few houses to the south along Twin Lake Avenue have 35 ' setbacks. He stated that his garage is almost ready to fall down and must be replaced. In answer to Commissioner Theis, Mr. Cook stated that he had lived at that property for 37 years. In answer to a question from Commissioner Lucht regarding reducing the size of the garage to 20 feet in depth, Mr. Cook pointed out that it would be difficult to park a full size car in such a garage. Mr. Cook also stated that his neighbors agree with his right to• a variance. CLOSE PUBLIC. HEARING Motion by Commissioner 'Lucht seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion_ passed. Commissioner Lucht and Commissioner Simmons both stated that they 9-25-80 - - preferred allowing a 24' garage as proposed by the applicant. Commissioner Theis agreed,but also noted that emergency vehicles will not be able to reach the house except by going over one of the neighboring properties. Commissioner Simmons stated that that situation exists now, but would be improved somewhat. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80034 (Lee A. Cook, Sr. ) Following the discussion there was. a motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Appli- cation No. 80034, a request for a variance from Section 35-400 of the Zoning Ordinance to allow a 20 ' x 24 ' garage to be built six feet from Twin Lake Avenue North right-of-way on the grounds that the Standards for a Variance are met. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. APPLICATION NO. 80035 (President Homes) and NO. 80036 (Federal Lumber) The Secretary introduced the next two applications, both re- quests for variances from Section 35-130 : 11 of the Sign Ordinance to allow off-site directional signs. He reviewed the contents of the staff reports for each application (See Planning Com mission information sheet Nos. 80035 and 80036 attached) . In response to a question from Commissioner Theis, the Secretary stated that the existing signs placed on public right-of-way have been standing for approximately three weeks. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Mr. Harvey Lubov, President of President Homes , stated that it was necessary for him to settle with the insurance company for damages before any rebuilding plans could be made. He stated that the existing building was almost destroyed by the fire and that the .company has been scrambling to find a new location. He stated that the purpose of the sign was to let people know that President Homes is still in business and to direct them to their new location. He stated that he would be happy to take the sign down when the company was ready to move back into the old lo- cation. He also noted that he has received permission from Dale Tile and Murphy Warehouse to place signs on their properties. In response to questions from Commissioner Simmons regarding a reasonable time period for the variance, Mr. Lubov explained the events that have to take place before business could reopen, the difficulty in finding the Murphy Warehouse at 5000 France Avenue North, and the difficulty in changing the literature sent to 'customers. He stated that a reasonable time for leaving the sign up would be until they were back in business at the site. Chairman Hawes explained to Mr. Lubov that the Planning Commis- sion must be very careful, in recommending any variance, to assure the standards are met because persons I meeting the same tests would also be entitled to similar considerations. Mr. Lubov answered that a 16 sq. ft. sign is not large enough given the dis- tance from the right-of-way (at the Dale Tile property) . He - 9-25-80 -3- pointed out that the sign would only be temporary and that the ordinance did not comprehend the difficulties presented by catastrophes such as fires. Chairman Hawes responded, however, that the Planning Commission and City Council denied the right to a larger sign in a recent case concerning the Beach Condominium project. Commissioner Lucht stated that, if the sign for Presi- dent Homes on the existing building is distracting potential customers, it could be taken down. Mr. Lubov answered that nothing could be done to the building until the insurance settle- ment were completed. Commissioners Lucht, Simmons , and Theis all questioned the need for large off-site directional signery and suggested alternatives. Commissioner Theis suggested that a sign be placed at the old business address with .a map showing the route to the new location. Commissioner Lucht acknowledged the need for the signery during a temporary period, but stated that the Planning Commission's concern is that such signs be as effective as possible and that the departure from ordinance standards be minimized. He stated that three questions have to be answered concerning the application: 1. Where the sign can be located. 2. The size of the sign. 3. The duration the sign may be up. In response to a question from Commissioner Simmons, the Secre- tary stated that a sign at the old address would be permitted under the ordinance. He agreed with the need for a temporary sign, but suggested that the right-of-way be kept free of signs. He added that a sign at the Murphy Warehouse is permitted as long as the business is located there. He concluded by saying that as time passes, the need for directional signery created by the fire diminishes. As time goes on, other means of communi- cation can be utilized to inform their clients of the new location. Mr. Lubov pointed out that his lease at Murphy Warehouse ends on December 31, 1980 and that he may well have to move his business before reopening at the old location. Mr. Jim Segal, representing Federal Lumber, next addressed the Planning Commission. He stated that walk-in traffic at Federal Lumber was down considerably since the fire, that people appar- ently think that Federal Lumber is under construction because of the trailers parked at the site for office use. He explained that Federal Lumber has contacted a building designer and that an office warehouse is being planned. He added, however, that it would probably be six months before the need for a sign.would disappear. Commissioner Theis distinguished the Federal Lumber case from that of President Homes saying that the need of Federal Lumber - was more for identification than directional signery. Mr. Segal responded that an identification sign on the Federal Lumber pro- perty would be difficult to read because of the trees along the highway right-of-way. In response to a question from Chairman Hawes regarding the height of -freestanding identification signs, Building Official Will Dahn stated that typically the height of the sign is based on the size of the building; he added that there ` 9-25-80 -4- is a nonconforming sign on the railroad right-of-way which can be used for various messages until the new building is built. He stated that the maximum height of a sign is 32 feet based on the floor area of the building. The Secretary noted that the applicants apparently feel they have a right to highway exposure. He pointed out that the fire is a hardship, but only a temporary one. He stated that to guarantee highway exposure would run counter to the purpose of the Sign Ordinance which bans billboards. He noted that other businesses located in the Murphy - Warehouse are not entitled to off-site directional signs under the ordinance, that they use other means of advertising and that the applicants should do likewise. The Building Official noted that Coldwell Banker when leasing space in the Murphy Warehouse building also desired off-site signs to indicate where the building was from T. H. 100 and France Avenue North. The Secretary went on to point out that the City has had difficulties with other "temporary" permits. He stated that in his opinion 90 days is more than enough time for the applicant to find other means of directing people to his door. He also warned against tying the variance to the reconstruction -of the building, since at this time there is no indication of when that might be. He added that the fact that a nonconforming sign on the Federal Lumber property can be used to convey temp- orary messages seems to reduce the need . for a variance in that case. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. Commissioner Lucht stated that he felt there was a hardship be- cause of the unique circumstances of the fire. He stated that a variance to allow an off-site directional sign for not more than 90 days would be acceptable to him. Chairman Hawes suggested that the variance allow the sign until the first of the year since this would establish a more definite date from the time of the fire. Commissioner Lucht suggested that the size of the sign be limited to 16 sq. ft. , and that it be located, in each case, on private property with permission of the property owner and that no extensions of the time limit should be considered. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80035 (President Homes) Motion by Commissioner Lucht seconded by Commissioner Theis to recommend approval of Application No. 80035, a request for a variance from Section 34 : 130 : 11 of the Sign Ordinance to allow an off-site directional sign on the Dale Tile property not greater than 16 sq. ft. in area and until not later than December 31, 1980 with no extensions to be considered, on the grounds that the Stan- dards for a Variance are met in that the fire was a unique situ- ation causing an undue hardship for a temporary period of time. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. 9-25-80 -5- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80036 (Federal Lumber) Motion by Commissioner Manson seconded y Commissioner Malecki to recommend approval of Application No: 80036, a request for a variance from Section 34-130 : 11 of the Sign. Ordinance to allow an off-site directional sign on the Cook Paint property not greater than 16 sq. ft. in area and until no later than December 31, 1980 with no extensions on the grounds that the Standards for a Variance are met in that the fire was a unique situation caus- ing an undue hardship for a temporary period of time. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9 : 36 p.m. and resumed at 9 :57 p.m. APPLICATION NO. 80037 . (Zulfikar Walji) The Secretary introduced the next item of business, a request for a special use permit to conduct a photography studio in the basement of the applicant's home at 4918-63rd Avenue North. The Secretary reviewed the contents of the staff report concerning the application. (See Planning Commission information sheet for Application No. 80037 attached) . Following the presentation of the staff report, there was a dis- cussion 'regarding the requirement that the basement window serving a bedroom be enlarged for proper egress. PUBLIC HEARING Chairman Hawes then opened--the meeting for a public hearing. Commissioner Malecki inquired of Mr. Walji whether he understood clearly the condition regarding no on-street parking and that cus- tomers be received on an appointment-only basis. Mr. Walji re- sponded that he understood and agreed to that condition. Mr. Dwight Moon of 6320 Quail Avenue North expressed concern that the photography studio would increase the traffic along 63rd Avenue North and might adversely affect his property value. He also stated that school children use the sidewalk on 63rd quite heavily and that traffic backing out onto 63rd Avenue North from the Walji residence might create some problems for the children. Chairman Hawes pointed out that the conditions of approval forbid on-street parking and that if the special use were expanded to more hours, there would have to be anew public hearing and an amendment to the special use permit. He stated that Mr. Walji's request is quite similar to a home occupation, which was approved recently by the City for the same activity. The Secretary briefly reviewed for those present the philosphy behind home occupations. He stated that the ordinance attempts to compromise between two conflicting views of property rights: one which would forbid any occupational use of a residence and another which would allow property owners to do whatever they de- sired with the property. He stated that the conditions of approval pertaining to any home occupation are aimed at limiting the impacts on surrounding property and that each special use permit is re- viewed annually by the City Staff to see whether any problems have arisen. He also stated that the Assessor has reported no change in property values as a result of home occupations. 9-25-80 -6- Mrs. Otis of 4906-63rd Avenue North complained about an error in the notice sent to surrounding property owners stating that a public hearing would be held on August 25 , 1980 instead of Sep- tember 25, 1980. She expressed concern also over the value of the property, the presence of a sign along 63rd Avenue, and increased traffic. Commissioner Lucht noted that a similar home occupation had been approved for a residence along Brooklyn Boulevard very recently and that there have been no problems associated with that home occupation. Mrs. Otis stated that a sign along 63rd would discourage potential home buyers from purchasing a house in that neighborhood. The Secretary stated that home occupations signs are limited to 2� sq. ft. and must be on private property. Com- missioner Simmons inquired whether Mrs. Otis was more concerned with the message than the size of the sign. Mrs. Otis answered that she is concerned about a commercial use. She stated that if one home occupation is allowed, there will be more of them up and down 63rd and this will eventually lead to a diminution of prop- erty values. Commissioner Lucht agreed that more home occupations were possible under the ordinance. CLOSE PUBLIC HEARING There eing no further comment from surrounding residents , there was a motion by Commissioner Manson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Lucht, Manson and Simmons. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80037 (Zulfikar Walji) Motion by Commissioner Malecki seconded by Commissioner Simmons to recommend approval of Application No. 80037, a request for a home occupation special use permit to conduct a photography studio in the basement of the residence of 4918-63rd Avenue North subject to the following conditions : 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and violation, thereof, shall be grounds for revocation. 3. The hours of operation shall be 12 :00 p.m. to 8:00 p.m. , Tuesday through Saturday. 4. The operation of the special use shall be on appointment only basis and not require more than two parking spaces at one time., 5. 'All parking associated with the home occupation shall be off-street on space provided by the applicant. 6. The stairway leading to the basement area shall be kept free of all obstructions to provide safe public access and egress and contain a smoke detector. 9-25-80 -7- 7. The applicant shall provide a wall mounted chemical-type fire extinguisher as approved by the Fire Chief in the immediate area of the studio. 8. The laundry room shall be separated from the photography studio by a partition ap- proved by the Building Official. 9. The basement area being utilized for sleeping purposes be modified to provide the proper means of egress. 10. Approval of the Special Use Permit is ex- clusive of any signery which is subject to the requirements, of Chapter 34 regarding home occupations. A permit for the sign must be obtained from the Building Official prior to erection of the sign. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. OTHER BUSINESS (Commercial Partners) The Secretary briefly reviewed for the Commission a revised site plan including a specific restaurant layout for the Commercial Partners project on Shingle Creek Parkway. He explained to the Planning Commission that the City Council had referred the site plan for the Brookdale Square complex back to the Planning Com- mission until definite plans for a restaurant were included in the plan. He stated that. the proof-of-parking layouts submitted by the applicant met the parking requirements of the Zoning Ordi- nance of one space for every two seats including the banquet seats at the lower level. He noted that the restaurant would be operated by the Trader and Trapper group and added that he has been in- formed that the Trader and Trapper group also plans to pursue the approval it obtained to rehabilitate the horsebarn and hippodrome for a restaurant/nightclub facility on the Earle Brown Farm. The Secretary noted that the conditions of approval recommended by staff include increased landscaping around the restaurant. He briefly reviewed the rest of the conditions in the staff report. In response to a question from Commissioner Lucht regarding the landscaping, Mr. Ron Krank, representing Commercial Partners, stated that there would be no objection. The Secretary also pointed out that the note on the plan regarding the deferral of curb around the restaurant site would be eliminated since the restaurant would be built immediately along with the rest of the complex. Chairman Hawes asked whether there were any provisions in the plan for compact car parking stalls. The Secretary answered that no compact stalls were on the plan. Commissioner Lucht suggested additional foundation plantings 'near the restaurant, for instance, Junipers , etc. The Secretary next noted a slight conveyance of land at the very southern tip of the property to allow Brookdale - 9-25-80 -8- .Ford to move its right-in-right-out entrance further north. Following a brief discussion on permitted signery, Commissioner Theis noted that the restaurant proposed provides 250 banquet seats. He pointed out that the City Council had discussed a restaurant with 300 banquet seats in their original approval of .the industrial revenue bonds. He inquired of the Secretary whether the direction given to the Planning Commission had spec- ifically mentioned a 300 seat banquet facility. The Secretary noted that the` size of the restaurant is certainly not a require- ment of the Zoning Ordinance. He stated that the Council had mentioned 300 banquet seats in addition to whatever number of seats for the general restaurant were necessary to make a workable package. The Secretary noted that the plan does call for an up- stairs meeting room in addition to the lower banquet facility for 250. In answer to a question from Chairman Hawes, the Secretary stated that the permanent curbing along the northwest corner of the Brook- dale Ford site had been installed as required by the approval of the recent addition to Brookdale Ford. Mr. Hal Pierce, representing Meridian Construction, the contractor on the Trader and Trapper Restaurant, stated that Trader and Trap- per does intend to build both restaurants, at the Brookdale Square site and on the Earle Brown Farm. In answer to a question from Chairman Hawes regarding liquor license requirements, Mr. Paul Noyes, of Meridian Construction Company, stated that the ownership of the two restaurants would be different and, therefore, no con- flict would arise with a single owner holding two liquor licenses. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80022 (Commercial Partners) Motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Application. No. 80022 , site and building plan approval for a shopping center-theater-restaurant commercial complex on the property immediately north of Brookdale Ford on Shingle Creek Parkway, subject to the following conditions ; 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. B612 curb and gutter shall be provided around all parking and driving areas. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9-25-80 -9- 6. All buildings are to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 9 . The final plat shall be approved by the City Council and filed at the County prior to the issuance of building permits, in accordance with Section 15-111 of the Subdivision Ordinance. 10. The landscape plan shall be modified to provide additional shrubbery around the proposed restaurant prior to consideration by the City Council. 11. Plan approval acknowledges four-way stop signs at the intersection of the main entrance drive and the driving lane immediately south of the shopping center and a stop sign for exiting traffic on the driving lane shared by North- western Bell at its intersection with the main entrance/exit drive. 12 . The applicant shall enter into a standard utility maintenance agreement with the City prior to the issuance of permits. 13. The final form of the access to Brookdale Ford is subject to negotiation• between the two property owners and approval by the City Engineer. 14. The driveway easement providing access across the site for Brookdale Ford shall encompass both the area to be installed as well as the area comprehended by the proof of parking and shall be filed at the County with the final plat for this property. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht and Simmons. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary stated that staff had no draft language regarding real estate signs to share with the Commission. He asked for any further input. Commissioner Theis stated that he felt more conserv- ative about what should be allowed in terms of signery in light of the variance request by Federal Lumber and President Homes. The Secretary suggested that the concept of allowing signs as a percent of wall area up to a maximum, and also with a minimum amount permitted, might work. 9-25-80 -10- Chairman Hawes noted that various people have come before the Com- mission complaining about the amount of signery allowed under the Sign Ordinance. He suggested that perhaps the City should be willing to permit variances from the Sign Ordinance for larger signs for a limited period of time if the applicant is willing to pay a very high fee. The Secretary responded that there are at least two basic arguments against such an arrangement. One is that it would appear that some are paying for a variance which could not otherwise be justified. Secondly, such an arrangement would favor those with the ability to pay and might be considered dis- crimination against those unable to. Finally, he noted, that to actually discourage such signs, the rate would have to be ex- tremely high. Commissioner Lucht commented that he saw nothing wrong with saying "you can' t have it. " The Secretary encouraged the Commission to patiently apply the Standards for Variances contained in the Sign Ordinance and to consider the statement of purpose that signs be allowed only for "necessary visual communication. " Commissioner Simmons commented that most people looking for a variance from the Sign Ordinance are unwilling to use .permitted signery to the maximum extent first. She stated her concern that Brooklyn Center not begin to appear like Brooklyn Park. The Secretary pointed out that Brooklyn Park does not have a -Sign Ordinance, but that existing situations present problems for them. He stressed again that the City does not owe businesses exposure on major thoroughfares. He added, however, that in comparison to other ordinances the staff had reviewed, Brooklyn Center' s real estate sign requirements do seem fairly restrictive. Building Official Will Dahn stated that signs which are up perpet- ually can have a negative effect. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Simmons to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Manson and Simmons. Voting against: Commissioner Lucht. The motion passed. Com- missioner Lucht stated that the reason for his negative vote was to see if the Planning Assistant was still awake. The Planning Commission adjourned at 11:23 p.m. Chairman 9-25-80 -11-