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<br /> <br />6 <br /> <br />Commissioner McQuillan reported he was concerned about safety but noted he would like to find a <br />way to make this patio work for the applicant. He stated he supported Commissioner Frischman’s <br />suggestion to table action on this item to allow the applicant to work with staff on this matter <br />further. <br />Commissioner Nelsen stated he could not support the approval as is, but understood the applicant <br />was willing to make changes. He recommended the request be denied or tabled to allow the <br />applicant to come back with a new plan. <br />Assistant Director of Community Assets and Development Gozola commented on the differences <br />between a Variance and an Interim Use Permit. <br />Chair Nichols-Matkaiti stated at this time staff’s recommendation would be to recommend denial of <br />the variance and the Commission could encourage the applicant to pursue an Interim Use Permit. <br />Assistant Director of Community Assets and Development Gozola commented the Commission could <br />make this recommendation stating there was a whole in the zoning code and the Council should <br />direct staff to begin the process of adding the Interim Use Tool into City Code, allowing <br />improvements within Industrial area setbacks. <br />Commissioner McQuillan asked how the applicant felt this request being delayed. Mr. Kraft stated <br />he does not want to wait a year and a half, but could support a code amendment in order to allow <br />him to complete the patio next spring. <br />Commissioner Biedenfeld clarified there was no guarantee the applicant’s request would be <br />approved next spring. <br />Commissioner McQuillan believed the best option would be to deny the request at this time in order <br />to encourage the Council to direct staff to pursue an Interim Use Permit code amendment. <br />Mr. Gears questioned what the next course of action would be if the City Council did not support the <br />Interim Use Permit option. Assistant Director of Community Assets and Development Gozola <br />explained he would recommend the City Council pass this matter back to the Planning Commission <br />and an extension would be requested in order to further consider this request. <br />Motion by Commissioner McQuillan, seconded by Commissioner Biedenfeld, to recommend the <br />City Council deny the requested 15-foot variance from the required 15’ side yard setback, based on <br />the findings of fact listed on page 10 of the staff report, recommending the City Council direct staff <br />to pursue Interim Use Permit language within City Code. <br />Mr. Kraft asked that the language within the motion be amended slightly to ensure the City would <br />continue to work with WilsonWolf to find a solution for the patio. <br />Commissioner Biedenfeld reported the final decision would remain with the City Council and noted <br />the Planning Commission was a recommending body to the City Council. He explained the intent of <br />the Commission was to support the request, but explained the applicant would have to go through <br />the entire process again in order to receive approval for the project.