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6. Public Hearings (a) Planning File 3329: A request by Kathleen Agness for a Comprehensive Plan Amendment and Rezoning (from R-1 to B-1) to change the former Rymer Academy (allowed through a special use permit) to an office use. The property is located at 2256 Lexington Avenue. Chair Rhody opened the hearing and requested Dennis Welsch to provide a verbal summary of the project report dated August 8, 2001. Dennis explained that staff and applicant had agreed on August 8, 2001 to request a continuance of this application to the September 12th Planning Commission meeting to allow for correction in the staff report. Welsch apologized for the minimal detail and inconsistencies in the report requiring the continuance. Roger Dunnette, 1085 W. Sherren, whose property directly abuts south of the Rymer property line, provided a letter dated August 8,2001 (attached) and verbal report. Mr. Dunnette recommended denial because rezoning to business (B-1) zoning opens the door for other uses which are not compatible with R-1 zone. He expressed concern with property values, which he felt would decline. Mr. Dunnette said he, his wife, and Mrs. Goodroad, 1075 W. Sherren, did not support the rezoning, but would support a special use permit for the realtor office. Mr. Dunnette said he was concerned about the exterior use or change of the site based on possible paving of the front yard. Sally Goodroad, 1075 W. Sherren, directly east of the Rymer building has submitted two letters concerning the use, the last dated August 8. She said the former owner, Mr. Rymer, said the Special Use Permit was to revert to residential uses if the use closed or Mr. Rymer died. Having a rezoning to B-1 would have an effect on her property value and she expressed concern about uses and nuisances. She recommended a residential use. Terry Gardner, 2261 Lexington Avenue North, concurred with Mr. Dunnette. He said he was concerned with the lighted sign in a residential property and changes in the landscaping for visibility. He did not attend the neighborhood meeting. Janet Olson asked if the signs were illuminated (Yes). Cindy Gardner, 2261 Lexington Avenue North, explained the Rymer building had to be a residential use and someone who would have to live in the building. She expressed concern regarding the rezoning because it allowed other uses. Member Mulder asked how Ms. Gardner knew about the permit for Rymer (realtor and neighbors had told them). Kathy Mueller, 2255 Lexington Avenue North, was opposed to rezoning, did not like the business within a house. Lexington Avenue now has new park and neighborhood is being updated; does not want the street to look like Rice Street. She explained past attempt to change the use in the house adjacent to her house. The Rymer site now needs grass cutting and weed removal. The sign shines into the residential windows on the west side of Lexington. Member Duncan asked if Lexington should look like Grand Avenue; would Ms. Mueller like that? (she did not like the redevelopment on Grand Avenue). Ms. Kathleen Agness, 2256 Lexington, said neighbors did not want a gasoline station. From her perspective, the Rymer site has been a business for 40 years. The rear yard is a paved lot. Nothing will change inside the house. The lighted sign can be changed. She trimmed the vegetation to look nice, adding new bushes. It will take two to three years to remove weeds. The house should remain a business. She spoke of the uses that could not be established by the lot size. Nice houses in the area and freeway access are reasons for a business on the site. Rymer was a business, which had lessons and sales of equipment. Her business would be week days, 8am to 5pm, not comparable to 400 vehicles per week from the Rymer Academy. Eric Mueller, 2255 Lexington, opposed the rezoning; the house should go back to a residential use. His neighbor has a paved backyard, which allows turn-arounds for Lexington. Cindy Gardner, 2261 Lexington Avenue, said that her house, located on a lot adjacent to Highway 36, is not difficult to live in - traffic and noise are acceptable. Sarah Waxon, 2237 Lexington Avenue, concurred with the opponents. By retaining a business, the site retains more