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<br /> <br />4 <br /> <br />Commissioner Biedenfeld questioned if a barrier could be put in place to protect people using the <br />patio if staff would support this option. Assistant Director of Community Assets and Development <br />Gozola explained he did not have an engineering background to make this determination. Mr. Kraft <br />stated he would be open to making modifications to the patio by installing bollards or whatever <br />other recommendations the City may have to allow the patio to move forward on the side of the <br />building. He explained the speeds along the future roadway would be 30 miles per hour and would <br />not be 60 miles per hour. <br />Commissioner Biedenfeld questioned if safety measures were in place if staff would then support the <br />variance moving forward. Assistant Director of Community Assets and Development Gozola stated <br />he was uncertain of the dimensions of the patio had to change but rather the safety measures put in <br />place were a concern for him. <br />Commissioner Enanaa commented the Murlowski road has already been approved and the <br />Commission’s decision has to be based on this fact. <br />Commissioner Frischman asked if the applicant had considered using temporary building materials. <br />Mr. Kraft reported he had considered temporary structures, but noted he would rather make an <br />attractive permanent amenity. He stated he could come up with other concepts if the City required <br />the patio area to be temporary in nature. <br />Commissioner McQuillan inquired if the patio could be elongated and narrowed. Mr. Kraft explained <br />he was open to adjusting the patio dimensions but stated he did not want the patio to become so <br />long that it impacted the views of the adjacent offices. <br />Commissioner Nelsen asked if there was anything within City Code that would allow for a conditional <br />variance so that if the roadway were constructed the patio would have to be modified or <br />deconstructed. Assistant Director of Community Assets and Development Gozola stated an Interim <br />Use Permit would be an appropriate tool, but this was not within City Code at this time. Mr. Kraft <br />explained he would be willing to make adjustments to the patio in the future if the roadway were <br />completed. <br />Commissioner Nelsen questioned when this tool would be available to the City. He asked if this <br />matter should be tabled until an Interim Use Permit was available. Assistant Director of Community <br />Assets and Development Gozola reported per State Statute the City had a timeline for considering <br />and approving variance requests. He commented there was not an avenue, short of having the <br />applicant withdraw the request and reapply once the Interim Use Permit language was in place. He <br />stated he has written Interim Use Permit code in the past and would take the direction of the <br />Planning Commission and City Council. <br />Mr. Gears reiterated that the applicant has presented a patio that was aesthetically pleasing for the <br />City to consider. He indicated he was willing to be creative and would be willing to consider bollards <br />or fencing to protect the area. In addition, the applicant would be willing to consider a less <br />permanent structure. He commented the main concern for the applicant would be to make this <br />location work.