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Commissioner Piper requested confirmation that the business owners do not really have <br />a say in who occupies the adjoining tenant space if that tenant complies with all the <br />requirements. <br />Ms. Harryman replied that she does not know the structure of the building's ownership <br />but that it sounds like there are three owners. She explained if the three owners own <br />the building together, each one would have a say with respect to what type of tenants <br />goes in. She noted, however, that as far as the City is concerned, staff just looks at the <br />use, and in this case, staff determined that the applicant needed a Conditional Use <br />Permit, and the vocational facility met all the requirements to be able to get that Permit. <br />Commissioner Balch commented that he did not think it was a common ownership, that <br />there are three units in a building, and each unit is owned by a different owner. He <br />added that based on what is being presenting, it appears like there are three <br />condominiums pushed together with a common wall, with each of them owning their <br />own 100 percent; and the entity at the end has chosen to select a tenant. <br />Chair Allen asked Mr. Weinstein his perspective on this. <br />Mr. Weinstein replied that Commissioner Balch was correct. <br />Commissioner O'Connor inquired if all those other owners were within the notification <br />area and would have been noticed. <br />Mr. Weinstein replied that they were noticed on time following the City's standard <br />protocol. He continued that there are two existing tenants in the building, and the third <br />space, Suite 100, is unoccupied and is the one that is being proposed for this use. He <br />confirmed that all of the owners were notified, and one responded via letter in response <br />to notice that was sent out. <br />Commissioner Balch noted that the owner of record gets the notice, and the tenants <br />might not get the notice if the owner does not pass it onto the tenant . <br />Mr. Weinstein replied that per the City's protocol, both the owners and the tenants get <br />notices. <br />Commissioner Nagler stated that in light of this conversation, it is one thing to be <br />technically in compliance with the procedures of the City and another thing to do the <br />neighborly thing. He noted that what clearly did not happen here was that the owner of <br />this space that is up for discussion did not take it upon himself to notify the other tenants <br />in the building that this was a proposed use, and instead relied on the City's notification <br />process. He indicated that while owners/ tenants should be sensitive to the wants of <br />their fellow owners /tenants, the concern is more in the form of protection rather than <br />prohibiting the use of the space when it is otherwise in compliance with the City's zoning <br />or use requirements. <br />PLANNING COMMISSION MINUTES, February 25, 2015 Page 8 of 46 <br />