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as other site problems following evenings when the club has been in operation. He noted that r they are most concerned that there has not been a dialogue with the club operators and the residents, and he feels until that happens he has difficulty with supporting the continuance of the operation. He noted that they are excited about the proposal with Sh Boom, but he feels this conversation needs to happen first, before there are any decisions about how the conditional use permit continues in the future. Debbie Moniz, 6031 Audrey Court, advised that no matter what the format is, the noise is horrible. She stated that when the establishment was the Cadillac Ranch they were awakened every single Saturday night. She commented that probably the only night club they did not hear was The Beach. Mr. Ratinho advised that when the night club was The Beach they had over 300 people every Thursday, Friday, and Saturday. He advised that he wants to be out of the night club business. He further advised that they would like to have a dialogue with the neighbors to see if there is something they can do to make it quieter. He asked for the opportunity to change the music format. THE PUBLIC HEARING WAS CLOSED r- Commissioner Roberts stated that there is a business problem, as well as noise problems. She referenced the conditional use permit findings in the staff report, noting that she cannot find that this business would not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. She noted that she feels it is a public safety issue and there is injury to property in the parking lot that has been going on for some time. She stated that they have been given the opportunity to change. She advised that while she realizes the Planning Commission's decision can be appealed, they need to make a statement that they will not tolerate this kind of public health and safety issue. Commissioner Roberts moved to revoke Case UP-95-20. Commissioner Arkin seconded the motion. Commissioner Kameny stated that he would like to be able to see the owner proceed with the sale. He further stated that he does not know how to stop the noise now and still keep the permit in place. Mr. Roush noted that assuming the owner appeals the Planning Commission's decision, the likelihood of the appeal being heard by the City Council before the sale goes through is probably unlikely, so there would be the opportunity for the sale to consummate. Discussion ensued regarding alternative solutions. Chairperson Maas suggested suspending the use permit and reviewing it in 30 days. Mr. Roush advised that the decision to suspend could also be appealed to the City Council, and, therefore, the suspension would not take effect immediately any more than the revocation would. Discussion ensued regarding the options of suspending versus revoking the use permit. Commissioner Arkin expressed concern about the relocation of Sh Boom to the west side of the site. Chairperson Maas stated that she would also like to look at this matter, but she would like /""' PLANNING COMMISSION MINUTES July 24, 2002 Page 15