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ANDREWS: Well, Commissioner An, Jeff Darrow would you like to jump in first? <br /> DARROW: Oh, no, go ahead. <br /> ANDREWS: Just briefly about the sequence of what would need to happen with the condition as <br /> written as recommended by the Deputy Planning Director. Prior to obtaining certificate of <br /> occupancy means that the building permit to change the use for the structure would be processed <br /> and prior to obtaining the certificate of occupancy for that building permit for the change of use <br /> these improvements would need to be done. <br /> AU: Mr. Darrow? <br /> DARROW: So,to carry on with that. The way that the new portion of the condition reads it's <br /> that certificate of occupancy would not be the trigger at this point,they could go ahead and get <br /> certificate of occupancy to operate once they got the change of use and not be required to put in <br /> the curb, gutter, and sidewalk at that point. If in the future, there was a change to the building <br /> and I'm guessing by the word the way it's worded is that if there's an expansion of it. Somebody <br /> else could come in there not make any improvements to the building and operate a commercial <br /> type of operation, it still wouldn't trigger. It wouldn't trigger Plan Approval because there's no <br /> change to anything and it wouldn't trigger the need for the curb, gutter, and sidewalk. It appears, <br /> it would only be when there's an expansion of that existing building. <br /> ANDREWS: If I could also just make a point because the way that the applicant has rewritten <br /> the condition and may actually become a little bit of a point of confusion. Because they state <br /> prior to establishing where they propose prior to establishing any commercial use outside of the <br /> existing residential building. Well, once they go to get a building permit and a change of use. <br /> This structure will not be residential anymore, it will be a commercial building. And so,this <br /> condition in the future may actually be a confusing matter because there's no existing residential <br /> building once the business is established it will be.changed, via a building permit into a <br /> commercial building. <br /> AU: Thank you, staff for clarifying that up because that was my thinking as well, if you do any <br /> type of construction on the structure improvements outside of it or within it, and that triggers all <br /> the other road requirements. So,that's what I was getting a little bit confused about the current <br /> motion and the proposed conditions. Other thoughts that I have, other comments that I have, this <br /> has to go to the County Council. It has to go through Committee, and it has to go to two <br /> readings. So,there's going to be a lot more discussions that Mr. and Mrs. Palmer and Mr. Pipan <br /> are going to have to fine tune this application. And to hear comments from the public because <br /> there was nobody that talked about this, or no testifiers. I was kind of surprised. It's a very busy <br /> road. <br /> So, yeah just that's just my thoughts on,but if there's no more discussions, I'd like to move <br /> forward. The motion is on the floor to forward a favorable recommendation with the applicant's <br /> proposed conditions to Condition K. And that is the motion on the floor, and I, at this point, I <br /> 11 <br /> EXHIBIT B (DRAFT) <br />