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Member Wilke asked if a second five-year application could be approved, or whether the permit could be for a longer period of time. Member Duncan asked if she wanted and interim use permit or "B-1" zoning. Agness responded that she wanted "B-1" zoning, not an interim use. unless this is only option. Chair Mulder asked whether more information was available regarding the original Special Use Permit for the Academy; Ms Agness was not aware of the SUP, but relied on information from her real estate professional (now deceased). Cindy Gardner, 2261 Lexington Avenue, reviewed the staff report and asked for a copy of the letter from Roger Dunnette (08/08/01), which was placed in the minutes (copies are to be made available to those requesting them). Roger Dunnette, 1085 W. Sherren St., adjacent property owner, requested that his statement (09/12/01) be attached to the minutes of this meeting. He felt his property was most impacted. He commented on the staff report, regarding the required fence; he does not agree that additional fencing or vegetation be added along Agness' south boundary. The fence would enclose the lot, which would be negative. A fence between the properties would run at a diagonal along the property line, not parallel to the Sherren Street. He agreed with the denial of the staff recommendation on Comprehensive Plan and zoning and agreed with the interim use concept, except that item 5, the screening fence along the south line, not be constructed because of the existing natural barrier foliage. The foliage is on both the Dunnette and Agness properties. Bill Schorn, Schorn Realty, explained that the commercial realtor and owner (Rymer) told them that SUP follows with the property. The site had been used as a music academy business (for 40 years) and Schorn believed the commercial realtor and Rymer. Eric Mueller, 2255 Lexington Avenue, said the interim use permit would be appropriate. He cited a "B-1" zone at Sandhurst and Lexington that had an old house, which was removed to allow a new B-1 business. Sally Goodroad, 1075 Sherren Street, stated she was confused with uses "River Valley Mortgage" and "Schorn Realty". Why, if Mr. Rymer had a business for 40 years, would Ms Agness not accept an interim use permit to operate a business? She felt threatened by the proposal for a group home. She was opposed to rezoning to "B-1" because such zoning would be permanent. An interim use permit is a renewable use permit with conditions, which are reasonable and fair. The property would only be used for real estate or mortgage office. Ms. Goodroad recommended that the fence along the east property line remain (and possibly be improved) but should not be removed. Ms. Goodroad has installed and maintained the existing fence for years. No snow should be placed against the fence. Cindy Gardner, 2261 Lexington Avenue, supported the conclusion (interim use) except for the intrusive light, which has been corrected by the applicant. The noise is buffered by the natural vegetation. Ed Hanes 1063 Sherren St., concurred with neighbors and recommended the interim use permit, which could be renewed. Frank Hagerty, 1086 Sherren St., concurred with Roger Dunnette's comments supporting an interim use permit. Craig Boates, an attorney representing Schorn Realty and River Valley Mortgage within the same building, indicated item 12, page 4, of the draft interim use permit resolution states that there is "no vested rights or legal entitlement" and that he objected to this wording because of uncertainty of renewal. Mark Traynor asked Mr. Boates if the interim use permit request is being withdrawn (No). Mr. Wilke clarified that a "B-1" does not guarantee a complimentary use, but does increase neighbor uncertainty. Mr. Boates stated that there are few other uses for the site; no building could be built except a small office building. Member Traynor asked for concerns within draft interim use permit. Mr. Boates concern was that the permit is only an interim use, not permanent. No further comments were offered; Chair Mulder closed the public hearing. Chair Mulder asked the Planning Commission to narrow the options available to the site. Member Cunningham asked if Section 12 of the interim use permit resolution could be rewritten to provide some comfort for the applicant.