PC 032713 - Laserfiche WebLink

Commissioner Narum likewise agreed. She asked staff if it would be possible for the applicant to come back and request to operate 24 hours, unlike the alcohol sales. Ms. Stern replied that such a substantial change on an issue that has been so important would obviously come back to the Commission. Chair Blank inquired if that would be considered a change in the Conditional Use Permit and would then automatically come back to the Commission Ms. Stern said yes. Chair Blank asked for verification that any Variance to a Conditional Use Permit would come back to the Commission. Ms. Stern said yes. She added that it would not be in substantial conformance, so staff would have to bring it back to the Commission. Commissioner Narum stated that what she was getting at is that this a little different from the alcohol issue where it is much harder to be able to change and sell alcohol here versus to be open 24 hours. She added that if the Commission votes the way it looks that it is going, it needs to be made clear in the motion that the Commission does not favor operating 24 hours because it is not appropriate. Chair Blank replied that people will obviously read the Minutes and the Commissioners' commentaries; however, in his mind, this Planning Commission may not want 24 hours a day, but five years from now or ten years down the road, there could be a different Planning Commission, there could be a different public sentiment, and the applicants could come forward and say they want to operate 24 hours a day. He noted that as a modification to the Conditional Use Permit, it will have to come to the Planning Commission and may even go to the City Council. He added that it may not be as onerous as a zoning change, but at least it has to come back to the Commission, and the Commission can re- emphasize that 24 hours is not appropriate. Commissioner Narum stated that she is thinking of some other things the Commission had where maybe it pondered what the intent was at the time of the approval, and she thinks that it is important for the Commission to emphasize that at this point, we do not think that 24 hours is appropriate. Ms. Stern stated that staff can recognize that. Commissioner Narum stated that she is basically fine with this with some of the conditions the Commission has put in to make sure it stays maintained once it's built. She indicated that this is an improvement and that she is pleased about the downsizing of the building, the no alcohol, the cut back in the hours, and the willingness of the applicant to accept some of these conditions which are onerous in a way but also necessary to be a good neighbor here. She added that she will support the application. PLANNING COMMISSION MINUTES, March 27, 2013 Page 19 of 48