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Ms. Decker noted that part of the issue was that when the building was demolished, there were some inherent structural problems with the adj acent building that had to go through engineering. She indicated the issuance of a demolition permit does not necessarily guarantee the immediate construction of the building. She confirmed that the building permit plans had been submitted as of December 31, 2007. Commissioner Fox stated that she had asked staff at the Planning counter about projects that are less than 8000 square feet and could not remember any at that point. She recalled that the former cigar shop building on Neal Street and Railroad Avenue next to Meadowlark Dairy Avenue had applied for an expansion and was denied by the Commission and was subsequently appealed to the Council. She inquired if that building was less than 8,000 square feet and if sprinklers were required. Mr. Otto replied that it was a small building with an application for a small addition to the front and that the building would have been less than 8,000 square feet. He added that he did not know what requirements were placed on that building. Chair Blank recalled that it was an application for a remodel. Commissioner Fox inquired if, in the past, the City has ever added sprinklers to a commercial building that was less than 8,000 square feet. Ms. Decker confirmed that it has been the case. She noted that it has been the practice to add the sprinkler condition for projects that go through the design review process on the Zoning Administrator level as well as for projects that have come before the Planning Commission, particularly smaller commercial structures, including those that are separated from other buildings as opposed to those that stand next to one another in the Downtown area. She indicated that to her knowledge, the Commission has not required sprinklers for additions to commercial buildings or to residential structures with less than a certain square footage, unless the structure is gutted for a complete remodel. Chair Blank recalled that sprinklers were conditioned for a recent building that was to be gutted. He noted that sprinklers have normally been conditioned for all new construction but not on remodels because it could get more invasive. Commissioner Fox inquired if there were new construction of 8,000 square feet or less within the last five or six years that have not been conditioned to add sprinklers. She noted that the Fairlands Investment project on Stanley Boulevard and Valley Avenue was a new corner market which was probably less than 8000 and inquired if it was required to be sprinklered. Chair Blank noted that, from a historical perspective, since he has been on the Planning Commission, no commercial buildings have been approved without a sprinkler system regardless of size. He stated that the Commission went forward to the City Council to create a sprinkler ordinance, and because the Council did not have sufficient time to add it to the Work Plan, it encouraged the Commission to continue its practice of including the installation of a sprinkler system in the conditions of approval. PLANNING COMMISSION MINUTES, January 9, 2008 Page 7 of 28