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2. APPEAL OF TBE ZONING ADMINISTRATOR'S DECISION NO. 97-02 (Melanie McCann) <br />2. APPEAL OF TBE ZONING ADMINISTRATOR'S DECISION NO. 97-02 (Melanie McCann) <br />Filed by Mr. Trung Di Nguyen and Mrs. Nga Ngueyt Phan to appeal the Zoning <br />Administrator's decision to modify the conditions of approval for Conditional <br />Use Permit No. 97-06 for the Emerald Bay Restaurant located at 5015 West <br />Edinger Avenue, ~V in the Community Commercial (C1) zoning district. <br />LEGAL NOTICE: May 11, 1997 <br />PUBLIC NOTICED: May 14, 1997 <br />RECOMMENDATION: <br />Deny Appeal of the Zoning Administrator's Decision No. 97-02. <br />Mr. Adams informed the Commission that the applicant had formally requested <br />a withdrawal of the appeal and had submitted a modified site plan for the <br />conditional use permit. He indicated that staff supported the modified site <br />plans and recommended that the Commission approve Conditional Use Permit No. <br />97-06 with the modified conditions of approval with the revised site plan <br />design. <br />Motion to withdraw Appeal of the Zoning Administrator's Decision No. 97-02 <br />and approve Con di tionaZ Use Permit No. 97-06 with the modified conditions of <br />approval and the revised site plan design. <br />MOTION: Verino SECOND: MacDowell <br />AYES: Na11e, Doughty, Oliver, Mondo, Verino, and MacDowell <br />NOES: None <br />ABSENT: Hanna <br />3. CONDITIONAL USE PERMIT NO. 97-OS (Lynnette Perry) <br />Filed by Nextel Communications to allow an 60 foot monopole with a 12 foot <br />whip antenna located at 2621 South Birch Street in the Light Manufacturing <br />(M1) zoning district. <br />(Continued by the Planning Commission April 28, 1997 to Xay 27, 1997) <br />LEGAL NOTICE: March 9, 1997 <br />PUBLIC NOTICED: March 11, 1997 <br />' Approve Conditional Use Permit No. 97-OS as conditioned and adopt the <br />findings as submitted by staff. <br />Ms. Lynnette Perry, Assistant Planner II, presented the staff report and <br />indicated that the applicant had changed its request to a 60 foot monopole <br />and staff supported the new request. <br />Mr. Marty Zimmerman, representing the applicant, requested relief from the <br />Planning Division's conditions of approval numbers two and three requiring a <br />wrought iron fence; landscaping; and a solid block wall. In addition, Mr. <br />Zimmerman offered to make a cash donation of $21,000 in lieu of providing the <br />requested improvements. <br />Motion to approve Con dition aZ Use Permit No. 97-05 with the modified <br />condition of approval to construct a rod iron fence instead of a block wall <br />for the facility and to not require the applicant to provide landscaping. <br />MOTION: Oliver SECOND: Doughty <br />AYES: Nalle, Doughty, Oliver, Verino, and MacDowell <br />NOES: Mondo <br />ABSENT: Hanna <br />Commissioner Mondo indicated that he did not support the motion due to the <br />removal of the landscaping requirements or in lieu fee equal to that cost. <br />4. ORAL COMMUNICATIONS - COMMENTS FROM TEE PUBLIC. <br />(For matters not ureviously listed on the Agendal <br />' There were no oral comments. <br />5. E%CUSE OF ABSENCES. <br />Commissioner Mondo moved to excuse the absence of Commissioner Hanna. The <br />motion was seconded and unanimously passed. <br />PLANNING COMMISSION MINOTES 4 MAY 27, 1997 <br />