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Commissioner Pearce indicated that she did not realize that businesses could put <br />portable toilets in the rear of their business and have people use them as part of their <br />business practice. <br />Mr. Dolan replied that as part of its proposal, Barone's indicated that it would be <br />constructing more permanent facilities within a certain period of time, and in the <br />meantime installed those high -end portable toilets. He noted that this was not a <br />condition of approval but was just something Barone's continues to do. He added that <br />staff had not pursued it because this was seasonal and not ongoing, and not even every <br />day, but if the Commission could review that aspect of Barone's approval if it wishes. <br />Chair Blank requested staff to provide the Commission some documentation on the <br />background of Barone's approval, maybe just as a research point. <br />Mr. Dolan noted that the proposal also evolved as it went to the City Council. <br />Commissioner Narum inquired if the occupancy would normally be in the Conditional <br />Use Permit or the Temporary Use Permit Barone's is operating under. <br />Chair Blank stated that he thinks it would be the case, and this is why he wanted to see <br />the documentation: <br />Mr. Dolan replied that he does not believe there is anything in there. <br />Commissioner Narum inquired, if the Commission were smart about this and if Barone's <br />were coming forward and the Commission had to do it over, if the Commission would <br />put an occupancy limit in like it did with Club Neo. <br />Mr. Dolan replied that if the Commission had to do it over and it were being done today, <br />an occupancy limit can be put in place. He noted that it was a different environment at <br />that time. <br />Commissioner O'Connor inquired if the occupancy was driven by the Fire Department <br />or by the Commission. <br />Mr. Dolan replied that Planning requested the Fire Department to go as the staff gets <br />input about those Thursday night events. <br />Commissioner O'Connor further inquired if it is typically the Fire Department that sets <br />the maximum occupancy even if it were a new use. <br />Mr. Dolan replied that this would be about the interior and that it is unusual that it would <br />be about an exterior. <br />PLANNING COMMISSION MINUTES, February 13, 2013 Page 17 of 20 <br />