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DRAFT employees. He indicated that he felt the conditions were very specific and encouraged the people to contact staff if there is a violation of the CUP, which Code Enforcement can then address. He added that if the violation gets out of hand, the permit can return to the Planning Commission for reconsideration. Commissioner Narum suggested having for a six month review such as a written summary from staff as to whether there have been any complaints. She stated that she thinks there needs to be a balance between businesses and residents. Commissioner Blank supported holding the review but voiced concern that people could purposely call police regularly if they know such a report is to be submitted at a specified period of time. Mr. Dolan confirmed that the permit can be returned to the Planning Commission should a problem arise with compliance with the conditions. He expressed concern that the review would add to what Planning already does for all use permits. Commissioner Narum indicated that she did not want to get into designing but suggested improvement to the smoking area, citing additional signage, lighting, and a second bench. Mr. Dolan advised that the critical dimension is 20 feet. He added that everyone agrees that the improvement of the alley is a good idea and that it has been brought up in discussions on the CIP but was not ranked anywhere near top of the wish list. Commissioner Blank inquired about the potential of moving the bench towards St. Mary Street. Mr. Dolan said he has not personally witnessed the situation of smokers ignoring the bench and that there seems to be a mixed opinion as to whether this is successful or not. He added that exploring the addition of bricks around the area might improve the attractiveness, having the receptacle there helps, and said signage as suggested by Mr. Finch and agreed to by Ms. Kennard is relatively easy and most likely will be very effective. Commissioner Pentin noted that the staff report states that the Finches were not opposed to having music on Wednesday and Thursday nights but asked that it be stopped at 10:00 p.m. He further noted that staff included an option for stopping it at 11:00 p.m. versus 12:00 midnight. Commissioner Narum noted that it is 10:00 p.m. in the rear outside. Chair Pearce stated that this is not precedent- setting and not as rigorous as Barone's which requires intermittent monitoring. She indicated that her inclination is to scale back the hours if there are noise problems and to bring it back to the Commission if there is an issue. She asked the Commissioners if they wanted to have some sort of DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 11/18/2009 Page 11 of 12