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Chair Blank noted that it would be an extreme case. <br />Commissioner O'Connor questioned if the Commission would always say it has to come <br />back to the original state. <br />Chair Blank replied that the Commission talked about this at its last discussion on the <br />topic: if it was something graded 50 years ago, and through erosion and time and the <br />forces of nature, it is not possible to tell if it is the natural slope; then someone comes <br />up with a picture from 50 years ago which showed that it was flat and so he wanted to <br />shave the top. <br />Commissioner Pearce stated that the City has records from 50 years ago but maybe not <br />from 100 years ago. She added that it would be a different story and that she is not <br />going to support somebody coming in and flattening the land. <br />Chair Blank stated that neither would he. <br />Commissioner O'Connor stated that at the Council meeting, former Commissioner Matt <br />Sullivan actually mentioned that he knew of someone who had a flat lot that had been <br />graded and wanted to know if they could develop that lot if they had graded it flat; and <br />staff said yes, they could develop it if the driveway or the roadway to that lot was less <br />than 25- percent slope. He questioned if had that pad originally been more than <br />25- percent slope, he should not be able to build on it. <br />Chair Blank asked the Commissioners if they are saying they want the exception or not, <br />if manufactured slopes are fine. <br />Commissioner Pearce stated she is fine with them. <br />Commissioner O'Connor addressed the four other Commissioners and stated that what <br />they are saying is that they are fine with an exception to a manufactured slope as long <br />as the original slope was less than 25 percent. He noted that then, the owner who <br />graded out a lot that was over 25 percent should not get a development agreement or <br />permit. <br />Commissioner Narum responded to Commissioner O'Connor that he is also assuming <br />that it is one of more than ten lots on the same parcel. She noted that there are a lot of <br />"what ifs" and that they could sit here all night trying to think of all the different <br />scenarios <br />Commissioner O'Connor agreed that if it was a single home it would not apply. He <br />added that the scenario Mr. Sullivan brought up probably was a single lot. <br />Commissioner Pearce stated that it would then not be included. <br />PLANNING COMMISSION MINUTES, January 23, 2013 Page 24 of 44 <br />