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Mr. Weinstein replied that it is difficult to predict something like that. He pointed out that there clearly has not been effective communication between the property owners to date. He noted, however, that staff evaluated this project based on its merits and land use compatibility, and staff does not feel that there are any substantial changes that could be made to either the operational program or the interior design of the space to make it more workable. He reiterated that staff truly believes that there are no land use incompatibility issues here. Mr. Dolan stated that the only thing he can think of that might be negotiated is some sort of sound-proofing between the units. He added that otherwise, the issues are what they are: staff has determined that there is going to be enough parking and is satisfied with the circulation and noise. Commissioner O'Connor noted that if noise did become an issue, it could be mitigated. Mr. Dolan replied that it could probably be bolstered with an additional condition. He noted that a lot of times, there are issues between tenants next to each other that need to be worked out, and there is no use permit involved. He added that the parties would hopefully be able to do that here. Chair Allen asked Commissioner Ritter if, putting aside his earlier comment that communication could have been better up front, he could support the project based on new information. Commissioner Ritter replied that the Commission's job is not to pick the business that goes in the space but to zone for it and to make sure the uses are conditional. He stated that he believes the applicant has met the zoning requirements, but as Mr. Dolan had expressed, it might be necessary to add some sound-proofing, just like what the Commission has done with some other projects in the past, then check back with the Commission in 60 days. He added that nevertheless, the owners still have to get along with one another. Commissioner Balch noted that looking at the proposed floor plan, the rooms that share a common wall are offices; the media room is located in the interior, and the exercise room is at the front near the reception area, which shares a small wall with the neighbor. He stated that he believes the applicant has met the elements and could see this passing with possibly an additional condition to mitigate the noise situation. He indicated that he was not interested in a 60-day look back. Commissioner O'Connor agreed. He stated that the project has adequate conditions so there should not be any problems; and should one arise, staff has the ability to work with the tenant, and if that cannot be worked out, staff can always bring it back to the Commission and add conditions or some improvements. He pointed out that staff has noted that noise could be an issue since there are common walls and that he would hate to load a lot of costs on the tenant in the anticipation there might be a problem. He added that he would rather wait and see if any problem that arises could be dealt with it EXCERPT: PLANNING COMMISSION MEETING MINUTES, February 25, 2015 Page 7 of 8