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13. Public Hearing: PAP -134, Chris Studzinski (PCUP -237, Rimma Radayeva) Consideration of an appeal of a Planning Commission decision modifying a previously approved Conditional Use Permit for 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. Community Development Director Brian Dolan said a use permit was granted in 2006 for a music studio. It authorized one instructor to provide one -on -one lessons, usually 60 minutes in length. The request was made to expand the operation to include up to 5 instructors and also to extend the hours by approximately 30 minutes. The request was approved by the Planning Commission in February and it was appealed by Mr. Studzinski who owns and operates a specialized machine shop located across from the parking lot. He presented the location of the facility, subject building and 1500 square foot suite, there are 57 total spaces, 35 parking spaces of which are available to the suites, and said the operation has grown beyond its authorized use permit which was brought by staff's attention through a new instructor who was hired and obtained a business license. Mr. Dolan presented a site plan of the suite, showing five rooms, a waiting room, hallway and bathroom. There are 4 parking spaces in front of the suite, with 1 space dedicated to handicapped parking, as well as close on- street parking which he visually presented. Mr. Dolan presented pictures of the relationship of the subject site (1228) to the appellant's building. He is located to the north across the parking lot with a driveway that separates the two, with the property line going down the middle. Mr. Studzinski has 19 spaces across the parking lot on his property that serves his machine shop business and other suites in the front end of the building which are currently vacant. The primary concerns of the appellant are that he has had experience with customers of the music studio parking in his 19 spaces and he would prefer they not do this. He does not necessarily need them all now and he would like to have his parking available for his tenants. He is also opposed in general to the evolution of non industrial uses in business parks, which include concerns with his ability to rent his space when there are non industrial users in the area. He has identified safety issues, noting that children attend this use and other uses, there are various trucks coming in and out not necessarily looking for children and he does not believe the mixing of the two uses is right or safe. He provided an example where a family dropped their child off for a lesson and instead of leaving, they decided to stay in the parking lot. The kids were out in the lot and throwing rocks which he feels should not be tolerated. Staff evaluated the issues, conducted several parking surveys in advance of the Planning Commission hearing and several more since, and has confirmed that even on the side that does not include Mr. Studzinski's property, there has been ample availability for parking to serve the use, and the business is operating for what they want approval for right now. Staff also suggested modifying the conditions of approval by the Planning Commission to limit the number of instructors at a certain part of the day. Most parking spaces are used up until 4:30 p.m. and if total numbers of instructors are limited to 3 until 4:30 p.m., staff believes this would further eliminate any parking problems. Councilmember Thorne questioned if staff looked at staggering the start times rather than limiting the number of instructors. Mr. Dolan said the operation does have a very staggered schedule and staff did not regulate this; however, this could be reviewed with the applicant. Mr. Dolan said regarding non industrial uses in the business park, he said this occurs throughout the City and in other communities. The original approval anticipated there would be mixed uses. It has a wide range of allowed uses that would go well beyond the traditional light industrial definition and anticipated uses similar to this studio given the need for a use permit. Also, in reading the City Council Minutes Page 9 of 20 April 21, 2009