06 ATTACHMENT 5 - Laserfiche WebLink

on Lodge activities so no activities similar to the "Naughty or Nice" event held a few months ago takes place until the matter returns to the Commission. Commissioner Blank inquired whether or not the City could legally do this for an item that has been continued and has not yet been heard. Mr. Dolan replied that the Commission can request but not direct staff to do things. Chair Pearce suggested that staff contact the property owners to obtain their consensus regarding the requests. Commissioner Fox stated that since the project is zoned as a CUP for private, non - commercial lodges and halls, any activity that includes commercial sales of tickets on the Internet would be grounds for revocation. She concluded that it would, therefore, be better for staff to clarify rules that classify businesses as commercial versus non- commercial. Commissioner Blank stated that he did not disagree with Commissioner Fox but that he had a problem with the process, stating that the purpose of the hearing was to consider revoking the CUP. He added that he did not know if the Commission should place a moratorium on the business or otherwise revoke the CUP, as there was supposed to be a hearing tonight. Commissioner Fox agreed with Commissioner Narum's assessment that a noise study is necessary but did not believe a way to test this was by having another event. Commissioner Narum stated that the noise consultant would most likely require another event there to get an accurate reading of the noise and how it bounces around off of the buildings and fences. She noted that she would not want to make a decision based on a simulated noise study. Commissioner Blank inquired if staff contacted the Police Department to determine whether or not complaints had been received. Ms. Decker said yes and added that this information was included in the materials. Commissioner Narum stated that her preference would be for an independent consultant to conduct the noise study, assuming that the Lodge agrees to do this. She noted that the study would affect how the Commission thinks about the north side of the property and what mitigations would be included in the use permit that the Commission finally approves. Commissioner Olson voiced his support for continuance of the item. Chair Pearce stated that the Commission would open the public hearing, receive comments, and continue the item as an open hearing to the next appropriate Commission date. EXCERPTS: PLANNING COMMISSION MINUTES, March 25, 2009 Page 2 of 7