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<br /> <br /> <br />the amended code <br />use in the R-l zone. The has no record but the <br />Rymer Music Academy. A Music School continues to be <br />permitted use in the current R-llow-density residential zoning district text; a business is not a <br />permitted or conditional use. The City Code has no provision for office conditional uses in an R-l <br />zone. At the August hearing, nearby property owners questioned if some type of special permit <br />could be issued to allow only a small office, but prohibit other business or commercial uses. The <br />only possible permit for this single use (with restrictive conditions) could be an Interim Use <br />Permit, found in Section 1012.09 Code. <br /> <br />Staffrecommended denial of the request by Ms. Agness to change the Comprehensive Plan from <br />LDR (Low Density Residential) and B (Business) and recommends denial of a rezoningfrom R-1 <br />to B-1 based on the findings in Section 4 and 5 of this report (09112/01). <br /> <br />Staff also recommended approval of an Interim Use Permit of which the applicant may seek <br />renewal every five years (with conditions, which are shown in the attached draft resolution). The <br />staff recommends this because the site was previously usedfor a music academy for 40 years. <br />Even then, some supporters of the 1960 academy reported that the noise and traffic was too <br />intense an impact for a singlefamity home use. The noise and traffic impacts of the academy <br />were more intense than those of the proposed residential real estate office. After 40 years, <br />without substantial improvements and removals, the building will not easily be reconverted to an <br />owner occupied single family home. Given the current R-1 zoning, it is more likely, economically, <br />that the structure would be converted to a shared residential use by four unrelated house renters <br />who share expenses, each with one or two vehicles to be parked on the large paved pad in the <br />rear of the site. <br /> <br />Ms. Kathleen Agness staled she had concerns with the interim use permit because it was not <br />permanent. She said "B-1" (Business zoning) is the highest and best usefor the site. She will look <br />for group home uses, including a home with six residents. The Department of Corrections is <br />interested in this site. She listed possible residential occupants and compared it to "B-1" zone. <br />She is concerned that an interim use is too risky financially. Ms. Agness said the site was noisy in <br />1960 and worse today. Traffic has and will increase. <br /> <br />Member Wilke asked if a second five-year application could be approved, or whether the permit <br />could be for a longer period of time. <br /> <br />Member Duncan asked if she wanted and interim use permit or "B-1" zoning. Agness responded <br />that she wanted "B-1" zoning, not an interim use. unless this is only option. <br /> <br />Chair Mulder asked whether more information was available regarding the original Special Use <br />Permit for the Academy; Ms Agness was not aware of the SUP, but relied on informationfrom her <br />real estate professional (now deceased). <br /> <br />Cindy Gardner, 2261 Lexington Avenue, reviewed the staff report and asked for a copy of the letter <br />from Roger Dunnette (OS/OS/01), which was placed in the minutes (copies are to be made available <br />to those requesting them). <br /> <br />Roger Dunnette, lOS5 W. Sherren St., adjacent property owner, reques.ted that his statement <br />(09/12/01) be attached to the minutes of this meeting. Hefel! his property was most impacted. He <br />commented on the staff report, regarding the required fence; he does not agree that additional <br />fencing or vegetation be added along Agness' south boundary. Thefence would enclose the lot, <br /> <br />PF3329 ReA (092401).doc Page 6 <br />