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"shall be subject to review and approval by the Planning Director." He inquired whether <br />any changes in the future to Coonditions No. 2-7 would be considered. by stati'or by the <br />Planning Commission. <br />Ms. Nerland replied that typically, the rule in statutory construction is that the more <br />specific would govern over the more general_ She added that the Commission would <br />consider any publicly visible changes but that the subsequent conditions of approval that <br />were approved the same night would allow a certain degree of change within the <br />parameters to be made by the Planning Director. <br />Commissioner Arkin would like the Commission to receive notit-ication if any drastic <br />changes were planned. <br />Ms. Nerland noted that the color of the main building would come before the <br />Commission, and if the Commission did not wish to give the Planning Director discretion <br />over the trim and accent colors <Condition No. 3J, the conditions of approval should be <br />revisited _ <br />Mr. Pavan noted that he appreciated the Commission's intentions and noted that <br />G'ondition No. 7 addressed specific construction details; they must conform to the design <br />guidelines being considered by the Commission. <br />Ms. Nerland added that the conditions of approval already include the language "prior to <br />the issuance of a building permit" <br />In response to an inquiry by Commissioner Fox whether outdoor dining was approved For <br />the front of the building, Mr. Pavan replied the tables and chairs were to provide an aZ <br />fresco look and that there would not be dining in the front of the building. He added that <br />outdoor dining was approved at the staff level, in conformance with the outdoor dining <br />ordinance. <br />In response to an inquiry by Commissioner Fox regarding the expansion of the building <br />into the sidewalk area, Mr. Pavan confirmed that was previously approved by the <br />Planning Commission at the previous application hearing. This item was meant to <br />consider exterior design changes. <br />THE PUBLIC HEARING WAS OPENED. <br />Bob Byrd, applicant, 205 Neal Street, noted that the most recent changes were made to <br />improve the building operation. He noted that the breezeway was private property and <br />would not be closed off except in the evenings for security reasons. He noted that the <br />dining tables and chairs were included because his brother believed it would be an <br />attractive addition to the drawing. He emphasized that they would not ask for approval <br />for outdoor dining in the front of the building. He noted that they removed a door from <br />the side of the old plan and added that there were no openings at the side of the building <br />which would leak noise. He added that the flags were already approved. <br />PLANNING COMMISSION MINUTES Tanuary 26, 2005 Page 6 of 17 <br />