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Motion: Member Duncan moved, second by Member Olson, to recommend denial, without prejudice, of the request by Bauer Homes for a Variance (Section 1004.02D4) because the application is premature and incomplete. Member Cunningham asked if a new application and fee was required (Yes, because a new hearing and notice is required). Ayes: 6 Nays: 0 Motion carried. 6. Continued 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. Vice Chair Jim Mulder opened the hearing and requested Dennis Welsch to provide a verbal summary of the project report dated September 12, 2001. Dennis Welsch Community Development Director explained that Kathleen Agness has requested a Comprehensive Plan Amendment from Low Density Residential (LDR) to Business (B) and a Rezoning from Single Family Residence District (R-1) to Limited Business District (B-1) and/or an Interim Use Permit (City Code Section1012.09) on the property located at 2256 Lexington Ave. He noted that the 20,271 s.t. (97.7'x 207.1') property located at 2256 Lexington Avenue was formerly the Rymer School of Fine Arts Academy, a use that existed on the property for approximately 40 years (1960 to 2000). The building is estimated to be 2,700 s.f. in size. The building is 75+ years old and was originally a single family residence (1925 to 1960). Parking spaces (16 to 20) exist behind the building where parking pavement has covered the majority of the rear yard. The buyer/seller assumed that a special use permit was issued to the Rymer Academy that could apply to Schorn Realty. In 1960, when Rymer applied for the permit to operate in this building, the original application was for a rezoning to a B-1 zone. The City Council and attorney at that time decided a more appropriate solution was a special use permit for the music school only. In 1984, the City amended the R-1 code to allow private schools - such as a music academy - as a permitted use in the R-1 zone. The City has no record of a special use permit for anything but the Rymer Music Academy. A Music School (or any public or private school) continues to be permitted use in the current R-1 low-density residential zoning district text; a business is not a permitted or conditional use. The City Code has no provision for office conditional uses in an R-1 zone. At the August hearing, nearby property owners questioned if some type of special permit could be issued to allow only a small office, but prohibit other business or commercial uses. The only possible permit for this single use (with restrictive conditions) could be an Interim Use Permit, found in Section 1012.09 of the City Code. Staff recommended denial of the request by Ms. Agness to change the Comprehensive Plan from LDR (Low Density Residential) and B (Business) and recommends denial of a rezoning from R-1 to B-1 based on the findings in Section 4 and 5 of this report (09/12/01). Staff also recommended approval of an Interim Use Permit of which the applicant may seek renewal every five years (with conditions, which are shown in the attached draft resolution). The staff recommends this because the site was previously used for a music academy for 40 years. Even then, some supporters of the 1960 academy reported that the noise and traffic was too intense an impact for a single family home use. The noise and traffic impacts of the academy were more intense than those of the proposed residential real estate office. After 40 years, without substantial improvements and removals, the building will not easily be reconverted to an owner occupied single family home. Given the current R-1 zoning, it is more likely, economically, that the structure would be converted to a shared residential use by four unrelated house renters who share expenses, each with one or two vehicles to be parked on the large paved pad in the rear of the site. Ms. Kathleen Agness stated she had concerns with the interim use permit because it was not permanent. She said "B- 1" (Business zoning) is the highest and best use for the site. She will look for group home uses, including a home with six residents. The Department of Corrections is interested in this site. She listed possible residential occupants and compared it to "B-1" zone. She is concerned that an interim use is too risky financially. Ms. Agness said the site was noisy in 1960 and worse today. Traffic has and will increase.