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Consider the March 19, 2007 Planning Commission minutes. - page 8 / 38





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Chairperson Bedora answered that the consideration was a ten year review.

Commissioner Miller stated that five years from now no one will remember it and it could all be changed.

Chairperson Bedora stated that if the intent is or of it does become a problem or someone suggests and/or recommends and brings it to staff’s attention, they would check the record of this property.  He explained that would allow staff then to refer to the special use permit and bring it forward to the Planning Commission and then it could be handled in the appropriate way.  He reiterated if anyone felt at any point that such consideration would be important and relevant it could certainly be brought to the Commission’s attention.

Commissioner Jenkins stated that the business is trying to make everything legal, they do not have to come in for this at all, they don’t need the special use permit, they are a legal non-conforming use, they could continue doing what they are doing with no issues whatsoever or have to deal with the Planning Commission in any way, shape or form.  He stated that because they are trying to come in and be on the up and up and getting themselves squared away all legal and legitimate we are getting into a lot of arguments.  He stated that the fact that they are a pre-existing use they deserve strong consideration.  He stated that he did not feel like putting a lot of requirements on these folks right now.  He stated that with a ten year review things could happen, but that does not mean that this Commission is waving any of their capabilities or authorities to call the special use permit up for review.  He noted that those options are open without a lot of rewording and changes of recommendations by staff.


Commissioner Beckenbaugh, seconded by Commissioner Bogina moved to approve SUP-06-07-04 special use permit for ARROW RENTS, to bring the property into legal conformance to allow equipment rental in the SMPKYCH(O) (Shawnee Mission Parkway Commercial Highway (Overlay)) zoning district, located at 11330 Shawnee Mission Parkway, subject to staff recommendations, with the modification that the review period shall be for five years rather than the recommended ten year period.  The motion carried 7-2, with Commissioner Jenkins and Bedora voting “nay”.

Item No. 6

SP-15-07-04; Z-01-07-04: consider site plan and rezoning from R-1 (Single Family Residential to TSQ (Townsquare) for LINO’S BARTON PLACE, for a residential/commercial mixed development, located at 11202 W. 57th Terrace.  Request submitted by Campbell, Barber, Lambeth & Associates for Lino’s Holdings, LLC.

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