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Chair Mulder noted the City Attorney limited the use to the interim use. Member Duncan asked if a conditional use permit could be issued, or the existing SUP amended. (No, may have been allowed under previous code, but not allowed in current code.) Chair Mulder explained that many of the improvements to the business might have occurred by "drift" including expanding the use, driveway variance and poor record keeping. Member Olson asked if the interim use permit would go with the property (only for the use stipulated in the permit - real estate and mortgage office). Member Traynor shared concerns with the Chair, but found that with all options discussed, an "R-1" residential use may be no better than realty office. He is hesitant to use this permit process in the future. This is unique because of the original permit and the existing building. He would support this one unique case and permit. Member Duncan stated that the business owner needs a level of certainty. This may be an administrative task. Chair Mulder noted it is not the responsibility of the City to provide a solution for the applicant. There are two issues: 1) should the permit be issued, 2) should the conditions be attached. A general consensus of the Planning Commission was to support the use of the interim use permit rather than changing the Comprehensive Plan or zoning. Chair Mulder asked if the fence and/or screening requirement should be re-written to clarify. (Yes, staff will clarify.) Member Olson explained that a number of options exist. It should be worded that vegetation be maintained on the south side; fencing along the east side. Member Traynor asked that a condition be added to limit use to real estate and mortgage office (in condition 4). Does the permit run with the property or the operator? (the property). The resolution should read that the owner is Kathleen Agness, who should be shown as the applicant and owner. The City attorney will be requested by staff to review the document prior to the City Council meeting. Member Cunningham asked for clarification of fencing or screening. Motion: Member Duncan moved, seconded by Member Traynor, to recommend denial of the 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. Ayes: 6 Nays: 0 Motion carried. Member Wilke asked if the term of five years could be changed to a longer period or term? Member Olson noted staff and City Attorney recommended five years and she supported the attorney's position; Member Traynor concurred. Member Wilke suggested making a recommendation for a longer term. Chair Mulder stated that the interim use permit is not the proper method to solve this problem; normally the applicant has a longer term improvement plan. The interim use could be for perpetuity and stays with the land. Motion: Chair Mulder moved, seconded by Member Wilke, to recommend approval of a draft resolution approving the five year interim use permit 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 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.