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-. - Bryan Lloyd To: Riaz Hussain Subject: CUP Amendment Mr. Hussain, Your application to amend the existing Conditional Use Permit at 1901 Lexington Avenue was scheduled to go before the Planning Commission on 7anuary 6, 2010, but you called me on 7anuary 6th to ask for more time to gather information in support of your application. Since then, in conversations either over the phone or via email, you've seemed slightly forgetful as to the date of the next Planning Commission meeting at which your request would be discussed; in each of conversations, I have clarified for you that the Planning Commission would meet on February 3rd. We had originally, tentatively planned to meet sometime on 7hursday ]anuary 14th (or perhaps during the following week, if that date didn't work) to discuss your supporting information. Once 7anuary 21st arrived and you hadn't yet called me to tell me that you had the additional information and were ready to discuss your findings, I sent you another email inquiring as to whether things were still on track for the February 3rd Planning Commission meeting date. Vou replied that you were continuing to work on it and that you would like to meet with me in the first week of February. While a discussion during the week of a Planning Commission meeting would be too late to be reflected in the staff report prepared for the meeting, such late conversations are routinely introduced at the Planning Commission meeting itself, so the new information could still be brought into the deliberation. I was still, therefore, expecting to meet with you on February 1st or 2nd or 3rd - even if that meant our discussion was only moments before the Planning Commission meeting began. In fact, I emailed you on February 3rd to make sure that you would still be ready for the meeting that night, but you replied the next day to inform me that you'd be out of town until the second week of February. I understand that you have limited access to your email while you're away and could not reply the same day I sent my previous email, but having not been made aware that you would not be ready for the meeting, I wasn't able to inform the Planning Commission that you wished to delay the meeting further. So the Planning Commission did conclude the public hearing for your request on February 3rd, as planned, and voted to recommend that the City Council deny your proposed amendment. The City Council will now take up this issue on Monday February 22nd. You should plan to attend that meeting to share your new information with the Council at that time. You can also mail or email to me any information you find before Tuesday February 16th and I can include it with the rest of the information that the City Council will review in advance of the meeting on the following Monday. Please reply to this email to confirm whether you are available to attend the City Council meeting on February 22nd or whether you will need additional time, but remember that the City Council is obligated by State statute to decide on your application by March 30th and that we are reaching the end of our ability to accommodate you. If you will need more time than is allowed by the February 22nd meeting date, tell me in your reply to this message specifically which one of the City Council's rtarch meeting dates would best meet your needs: the possible March meeting dates are March 8, March 22, and March 29. We will continue to work with you to bring your supporting information to the City Council when it meets on either February 22, March 8, March 22, or March 29 depending on your stated preference. Whether we have or have not received your information by the meeting date you select, the City Council will take final action for your application on your chosen date. Bryan Lloyd