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Motion: Chair Mulder moved, seconded by Member Wilke, to recommend approval resolution approving interim use permit requested by Kathleen Agness to allow the operation of a real estate and mortgage office at 2256 Lexington Avenue (located in the singlefamily home which was most recently used as the Rymer Music Academy), subject to: The five year interim use permit being reviewed administratively on an annual basis on the anniversary date of the resolution granting the interim use permit, with a staff compliance report submitted to the Planning Commission and City Council annually, and within 120 days of expiration in the 5th year of use. The interim use permit shall become null and void after 60 months of operation unless the applicant reapplies for a future interim use permit 120 days prior to the permit expiration date. The permit and any extension are subject to the conditions of the resolution contained in the project report dated September 12, 2001. Ayes: 6 Nays: 0 Motion carried. 7.2 After closing the hearing on September 12,2001, the Commission recommended denialofthe request by Kathleen Agness (P.F. 3329) for a Comprehensive Land Use Plan amendment and rezoning of property located at 2256 Lexington Avenue based on the findings in Section 4 and 5 of the project report dated September 12, 2001. 7.3 The Commission also recommended approval with modifications of a draft resolution approving the five year interim use pennit requested by Kathleen Agness (P.F. 3329) to allow the operation of a real estate and mortgage office at 2256 Lexington Avenue (located in the single family home which was most recently used as the Rymer Music Academy), subject to: The five year interim use pennit being reviewed administratively on an annual basis on the anniversary date of the resolution granting the interim use penn it, with a staff compliance report submitted to the Planning Commission and City Council annually, and within 120 days of expiration in the 5th year of use. The interim use pennit shall become null and void after 60 months of operation unless the applicant reapplies for a future interim use pennit 120 days prior to the pennit expiration date. The pennit and any extension are subject to the conditions in the ~ resolution. 8. SUGGESTED COUNCIL ACTION 8.1 Adopt a resolution approving the five year interim use pennit requested by Kathleen Agness (P.F. 3329) to allow the operation of a real estate and mortgage office at 2256 Lexington Avenue (located in the single family home which was most recently used as the Rymer Music Academy), subject to: The five year interim use pennit being reviewed administratively on an annual basis on the anniversary date of the resolution granting the interim use penn it, with a staff compliance report submitted to the Planning Commission and City Council annually, and within 120 days of expiration in the 5th year of use. The interim use pennit shall become null and void after 60 months of operation unless the applicant reapplies for a future interim use pennit 120 days prior to the pennit expiration date. The pennit and any extension are subject to the conditions in the resolution. 8.2 The resolution shall become final after review and approval of the City Attomey as to fonn and content. PF3329 ReA (09240I).doc Page 9