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In response to an inquiry by Chair Blank regarding whether emergency access would be unobstructed, Mr. Thomas confirmed that would be the case. Chair Blank put forth a scenario where people inside Hap's would exit through the double glass doors and inquired whether the presence of the rolling dumpster in front of the gate would be considered an obstruction. Mr. Thomas replied that the rolling dumpsters could be considered an obstruction and that it was very important for the applicants to keep the rolling trash bins in an area outside of the exit pathway. THE PUBLIC HEARING WAS OPENED. Mitch Pereira distributed a 2005 photo, taken before the wall was built, that depicted the reason why the wall was requested. He noted that City staff had suggested that the wall be built after he had discussed the issues that he faced. He stated that staff informed him that he did not need a permit because he had a right to fence his property. He decided to submit a plan to the Planning Department, which held onto the plan for approximately one week; the plan was signed off by Mr. Marion Pavan, and the wall was built. He believed he had to protect the integrity of his building from the wastewater and added that he must keep the area used by his tenants free and clear of contaminants. He objected to this application because he believed it was a civil matter that should not involve the City. He noted that he could not grant easements to other property owners and did not want part of his property to be taken. He stated that Hap's had other means of emergency egress and believed this egress was important because they wanted to run the parking lot, which he did not agree to. He noted that he hired Michael O'Callaghan as a paid consultant. Eric Hoff noted that he and his wife were also partners in the project. He noted that he was the first tenant in the old train station. He described the background of this building and added that he was the managing partner of the building. He noted that the dumpsters at Hap's were pulled three times per week and that their own dumpsters were pulled once per week; he noted that the wear and tear originated on the Hap's side with respect to the garbage truck. He noted that the garbage truck was the only truck to come onto their property. With respect to the handicapped parking, there had always been a sign on the wall, but nothing had been painted on the ground as a designated handicapped area; he noted that was not an issue. He distributed pictures displaying the egress access available between the two buildings to Hap's. He added that they would be able to egress by Clyde's property, which would provide a direct exit to the fire lane if they chose to spend the money to install an exit door. In response to an inquiry by Commissioner Fox regarding the cost of the wall, Mr. Hoff stated that the wall cost $17,500, the dumpster cost $74,850, and the gate cost $3,500. In response to an inquiry by Commissioner Olson regarding the disposition of the wall if the application was denied, Mr. Hoff replied that they did not want to give a permanent easement to Hap's. PLANNING COMMISSION MINUTES, February 13, 2008 Page 8 of 42