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necessary to grant an exception to those requirements pursuant to PMC Section 18.81.040: <br /> and 2) As a non-active ground floor use, the necessary criteria for granting an exception based <br /> on length of vacancy of the space had not been met. <br /> PMC Section 18.144 outlines the procedures for appeals, specifically PMC section 18.144.050 <br /> describes the administrative appeal procedure. An appeal may be made to the planning <br /> commission by any interested party of any administrative determination or interpretation made <br /> under Title 18, Zoning. The applicant filed an appeal on January 14, 2021 during the applicable <br /> appeal period and therefore the item is before the planning commission. <br /> Since the denial was issued, the applicant has made modifications to their proposal. including <br /> providing additional specificity as to the dedication of the front portion of the tenant space for <br /> retail sales and more detail on how that portion of the business would function. Based on this, <br /> there may be sufficient information to now determine the business would meet the definition of <br /> an Active Ground Floor Use, and an exception is therefore not required. <br /> BACKGROUND <br /> The subject site is located within the Downtown and is zoned C-C (Central Commercial) <br /> District; it is also located within the Active Ground-Floor Overlay District within the C-C District <br /> and DSP. The applicant is requesting the City allow multiple-uses, retail and real estate office, <br /> to operate at this location. Pursuant to the PMC, offices (such as a real estate office) are <br /> generally not permitted on the ground floor when the property is in the Active Ground-Floor <br /> Overlay District within the C-C District and DSP. <br /> Although office uses are typically not considered to be "active" uses, and therefore are not. <br /> allowed on the ground floor within the overlay district, the PMC provides for some <br /> circumstances under which a non-active use can be permitted — including limited conditions <br /> under which the requirements for active ground floor uses as outlined in PMC Chapter 18.81 <br /> are determined to not apply (meaning, in this case, no exception would need to be granted) If <br /> the requirements of Chapter 18.81 are determined to apply to a particular use or tenant space, <br /> the PMC specifies the conditions under which an "exception" may be granted to allow a <br /> non-active use to occupy a first-floor space. These requirements are discussed in more detail <br /> in the analysis section below. <br /> On December 17, 2020, the applicant submitted a request to allow her proposed business, <br /> outlining characteristics of the real estate business operation that included a limited retail <br /> operation in addition to the office use. She also described the circumstances under which she <br /> had leased and occupied the space. <br /> Upon review of the application and information provided, the Director concluded the use, as <br /> described, did not appear to meet the criteria listed in the PMC and DSP to determine it <br /> included a sufficient active use component, nor the bases to grant an exception had been met. <br /> The request was denied by the Director of Community Development on December 30, 2020. <br /> The applicant filed an appeal on January 14, 2021 . <br /> P21-0033, 550 Main Street Planning Commission <br /> 2 of 8 <br />