03 ATTACHMENTS - Laserfiche WebLink

DRAFT Chair Blank stated that he could not support that because the whole premise of the Commission's initial hearing and the City Council's hearing was the fact that this appears to be a childcare operation. Commissioner Narum stated that if June 30th came and Mr. Pfund still did not have everything, and if staff checked with the State and he has done everything, but the State is still not ready, she would be open to extending the temporary timeframe, but she still believed he ultimately needs a daycare license. Commissioner Fox inquired if students be allowed to come and go as they please in the temporary situation. Chair Blank replied that there is a condition that people would need to be signed in and out. Ms. Decker clarified that the Commission would effectively be approving this conditional use permit but with caveats by modifying the conditions of approval to provide timing, review, and what the actual criteria would be after benchmarks of time. Chair Blank pointed out that the Commission has had two prior Department Managers of the Planning Department tell the Commission that a conditional use permit can be made to expire. Ms. Decker state that it can be, but she pointed out some of the actual fallibility of the expiration of six months. She noted that if the Planning Commission wants to sunset the approval, and the applicant does not have everything in, and does not revisit the Planning Commission to have some monitoring brought forward, the applicant has the opportunity to apply for modification to that permit, which can be done 30 days in advance, which may hold the process in abatement. Or, if the Commission conditions it such that it does not matter what he does and it must close and end, then the applicant would have significant investment and time and clientele built up that would cease at a date certain, where the applicant either requests modification of that permit or tries to force obtaining the background check. Ms. Decker, therefore, suggested a consideration that the Commission require Mr. Pfund to return at the end of the school year or on June 30th to see how it is going, and where he is at in terms of childcare licensing. She noted that staff has done this with various conditional use permits. Commissioner Fox inquired if the Commission ever let a childcare center open without a childcare license. Ms. Decker replied that what is under consideration now is that the Commission ultimately wants the applicant to get a childcare license and is conditioning the project, reducing the hours, which falls under the exemptions discussed, until he has a childcare license. Ms. Decker stated that she believes she is hearing that the Commissioners would like Mr. Pfund to have a childcare license and believes the operations indicate there should be one; however, the Commission is also interested in his opening his business, and the question is what the timeframe or benchmark might be to be able to do that. She expressed concern that the State's process is out of staff's control, and if at the end of six months, he still does not have his license, instead of shutting down his business, he be provided the opportunity to modify the conditions of approval. uR..r 1 ~n~.~rcr i a: rL/irvrvlNCi t;UMMI5510N MINUTES, 11/12/2008 Page 21 of 25