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Commissioner Olson noted a typographical error in Condition No. 32 on page 7 and requested <br />that it be modified to read as follows: “A At no time shall balloons, pennants….” <br /> <br />Commissioner Blank questioned the language in Condition No. 50 on page 9 regarding fire <br />sprinklers, regarding the installation of automatic fire sprinkler system unless otherwise <br />determined by the Chief Building Official and Fire Marshall. He would like the condition to be <br />consistent with the current language: “An automatic fire sprinkler system shall be installed in <br />the building.” Ms. Decker noted that staff provided the conditions of approval that were adopted <br />at the time of the previous approval. She added some of the language as shown in the redlined <br />changes to have them conform to current standards, and this particular condition appeared to <br />have been overlooked. She indicated that staff would make that revision. <br /> <br />Chairperson Fox noted that Condition No. 5 on page 1 states: “Unless waived by the Planning <br />Director, this application shall be null and void unless PUD-81-25-9M is approved….” She <br />inquired about the nature of this application. Ms. Decker noted that it was considered a minor <br />modification and that actions on minor modifications are taken by the Zoning Administrator; the <br />Planning Commission does not take action on them. Staff commonly times design review <br />applications along with the Planned Unit Development (PUD) modification process. She noted <br />that if the applicant continued to want the setback reduction, it was conditioned to be null and <br />void unless the minor modification was approved and accepted by City Council when it <br />considers the Actions of the Zoning Administrator. <br /> <br />In response to an inquiry by Chairperson Fox regarding the height of the tower and whether it <br />met the height restrictions, Ms. Decker replied that it did meet the height restrictions. She added <br />that the building represented the exact structure that was previously approved by the Planning <br />Commission. She noted that the applicant’s building permits were close to expiring and that to <br />date, due diligence in construction was deficient as required in the previous approvals. The <br />purpose of the new entitlements was to ensure the investment in the costs of development fees <br />and plan check fees, as well as ensuring the continuation of the plan check process under the <br />existing Building Code would not be interrupted. She noted that there had been no changes since <br />the Planning Commission last saw the package. <br /> <br />Commissioner Blank moved to make the conditional use findings for PCUP-202 as listed in <br />the staff report and to approve the application, subject to the conditions of approval listed <br />in Exhibit B of the staff report, and to approve PDR-692, subject to the conditions of <br />approval listed Exhibit B of the staff report, with the proposed modifications to Conditions <br />Nos. 29, 32, and 50. <br />Commissioner Pearce seconded the motion. <br /> <br /> <br />ROLL CALL VOTE: <br /> <br />AYES: Commissioners Blank, Fox, Narum, Olson, and Pearce. <br />NOES: None. <br />ABSTAIN: None. <br />RECUSED: None. <br />ABSENT: None. <br />PLANNING COMMISSION MINUTES, November 14, 2007 Page 4 of 34 <br /> <br /> <br />