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<br /> <br /> <br />7:50 p.m. Chairman Lipton called the Planning Commission public hearing back to order. He <br />requested a motion from Commissioner McDermott. <br /> <br />Commissioner McDermott moved “It is the sense of the Planning that the applicant has acted in <br />good faith to resolve the ownership of the subject property and claimed to be assured by City <br />Official that ownership was theirs. This assumption was backed up by the County’s Assessment <br />of the property and billed the applicant for taxes due and which were paid for by the applicant <br />since 1954.” <br /> <br />Commissioner McAvinew seconded the motion. <br /> <br />Chairman Lipton called for discussion. <br /> <br />Commissioner Deborski requested to amend the motion by added information about the water <br />tap and sewer connection as well as the fact that the family has maintained the area since 1934. <br /> <br />Commissioner Loo questioned the validity of such a motion because if the case does end up in <br />the courts systems this motion could jeopardize the City’s case. <br /> <br />Commissioner Pritchard stated that he does not support the motion or the suggested amendment. <br /> <br />Commissioner McAvinew stated that he did not support the suggested amendment and withdrew <br />his second to the original motion. <br /> <br />Commissioner McDermott withdrew the motion. <br /> <br />Chairman Lipton requested that Staff communicate the feelings of the Planning Commission to <br />City Council. Johnstone stated that the feelings of the Commission would be communicated to <br />City Council. <br /> <br /> <br /> Resolution No. 16, Series 2004, Fordyce Auto, <br /> a preliminary PUD development plan and a <br />preliminary consideration of a special review use to expand the current auto body repair, lube <br />center and office / reception area by 1,830 SF and to construct an additional 3,183 SF <br />building for additional auto body, brake and muffler service and office / waiting area for a <br />total square footage of 8,546 SF at 1655 Cannon Circle, Lots 1 and 2, Crystal Estates. Case <br />#04-012-PP. <br /> <br />Case Manager: Jeffery Martell, Planner II <br /> <br />Applicant and Owner: Gordon Fordyce <br /> <br />Representative: Peter Stewart, Stewart Architecture <br /> <br />Lipton opened the public hearing and requested public notice certification. <br /> <br />Public Notice Certification: <br />Johnstone reported that Resolution 16, Series 2004 was continued from the previous meeting, <br />June 8 so the notice was posted in City Hall as a courtesy notice. <br />8 <br /> <br /> <br />