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13 THE CITY OF -° ~ ^~ °~ " "" CITY COUNCIL AGENDA REPORT PL£ ~S~4NTONo April 21, 2009 Community Development Planning Division TITLE: PAP-134, CHRIS STUDZINSKI (PCUP-237, RIMMA RADAYEVA) -CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION TO MODIFY A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR THE RADAYEVA MUSIC STUDIO LOCATED AT 1228 QUARRY LANE, SUITE A, TO INCREASE THE NUMBER OF INSTRUMENT AND VOCAL INSTRUCTORS FROM ONE TO FIVE AT ANY ONE TIME AND TO EXTEND THE HOURS OF OPERATION FROM 10:00 a.m. - 9:00 P.M. TO 10:00 a.m. - 9:30 P.M. SUMMARY This is an application by Ms. Rimma Radayeva for a Conditional Use Permit to modify the operation of her music studio to add vocal and violin lessons to the approved piano instruction; increase the number of instructors from one to five providing instruction at a single time; and extend the operating hours from 10:00 a.m.-9:00 p.m. to 10:00 a.m.-9:30 p.m. The applicant's studio occupies an industrial condominium located at 1228 Quarry Lane, Suite A, in the Valley Business Park. The studio was previously approved for piano instruction by one instructor to one student at a time per one-hour session. On February 25, 2009, the Planning Commission, on a 4-1-0 vote, approved the proposed expansion with conditions of approval that the parents of students aged 12 years or less shall sign their children into/out of the studio; the music school's instructors shall park on Quarry Lane; and the applicant shall offer to paint-mark the parking spaces located at 1236 Quarry Lane across the parking area from the applicant's studio for use by occupants and guests of 1236 Quarry Lane only. Chris Studzinski, owner of Progressive Concepts Machining at 1236 Quarry Lane, Suite 104, appealed the Planning Commission approval due to concerns related to child-related uses in an industrial park (Attachment 3). PLANNING COMMISSION ACTION Approved Conditional Use Permit Case PCUP-237 subject to the conditions of approval shown in Attachment 5. RECOMMENDATION Staff recommends the City Council adopt the attached draft resolution denying the appeal, thus upholding the Planning Commission's approval of Case PCUP-237, and modifying the Planning Commission action to limit the number of instructors on-site at any one time to three instructors until 4:30 p.m. and then five instructors from 4:30 p.m. to 9:30 p.m. subject to the draft conditions of approval in Exhibit A, Attachment 1. FINANCIAL STATEMENT There is no anticipated fiscal impact to the City or its provision of public services by this proposal.