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Planning Commission Minutes - February 21, 1995 Page 4 M1995.TP Motion by Livingston, seconded by Blomquist TO CONTINUE THE PUBLIC HEARING TO ARCH HE LANNING CS OMMISSION DIRECTED TAFF TO REVIEW THE APPLICATION AS TO THE DISTANCE REQUIREMENT FROM A CHURCH TO /,IN.11,,“T A RESTAURANTLIQUOR LICENSE ESPECIALLY CONSIDERING TEM O UNDER THE PROPOSED RESOLUTION HE SPECIAL USE WILL NOT BE INJURIOUS TO THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE VICINITY FOR THE PURPOSES ALREADY PERMITTED NOR SUBSTANTIALLY DIMINISH AND IMPAIR PROPERTY VALUES WITHIN THE .” NEIGHBORHOOD Zisla asked the applicant what their views were on the continuance. Ostenberg said the church’s offer on the property is closing March 16, contingent upon City approval. Ostenberg said the sale of their present building is contingent on the purchase of this property, but if this is the only way the proposal can go forward, the church would have to go along with it. Ostenberg asked if this could be determined before the next City Council meeting so the City Council could consider their request. Another representative of the church asked if the ordinance was written to protect schools and churches from businesses that may be selling liquor. The restriction should be more on a new business moving into the area that has a bar as opposed to an existing business. The protected party should be the school or the church. Williams said the situation was the same at Rice Creek Center. Blomquist said care must be taken before a problem is created. A church representative remarked a restaurant with limited access to Silver Lake Road like Wong’s would be unlikely to request a liquor license. Locke commented the special use permit required a public hearing because it is a special case. Each case is different. The 400-foot issue affects all of the property directly to the south of the proposed site. It becomes a policy decision for the City whether or not to allow a church in a B-3 zone. If the Planning Commission needs more time, taking it is appropriate. Baker asked for a vote on the motion to continue the public hearing. An amendment to the motion was proposed by Jensen, seconded by Livingston, TO REQUIRE THE APPLICANT SLR. RECONSIDER THE WINDOW TREATMENT ON THE ILVER AKE OAD SIDE OF THE BUILDING 5 Ayes - 0 Nays. Amendment added to original motion. Baker called for a vote on the amended motion. 5 Ayes - 0 Nays. Motion Carried. GB ENERAL USINESS HSWP OUSING TUDY ORK ROGRAM Mattila reviewed the staff recommendation for implementing the Housing Study Work Program and asked for the Planning Commission’s recommendation.