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Commissioner Balch noted that the application for consideration is not for the original <br />design. <br />Chair O'Connor agreed that it is not the design before the Commission tonight. <br />Mr. Dolan noted that the applicant has submitted a revised plan and the Commission <br />has the discretion to approve either one. <br />Chair O'Connor asked the applicant to come forward to indicate which is his preferred <br />plan. <br />Mr. Schmitt stated that he needed five minutes to consult with his wife. <br />The Commission took a five - minute break at 8:25 p.m. and thereafter reconvened the <br />regular meeting at 8:30 p.m. <br />Mr. Schmitt stated that they would prefer the first plans over the second plans. <br />THE PUBLIC HEARING WAS CLOSED. <br />Commissioner Ritter moved to approve Case P14 -0829, with the original design <br />submitted at the August 13, 2014 meeting, subject to the Conditions of Approval <br />listed as Exhibit A of the November 12, 2014 staff report. <br />Commissioner Balch seconded the motion. <br />ROLL CALL VOTE: <br />AYES: Commissioners Balch, Piper, and Ritter <br />NOES: Commissioners Allen and O'Connor <br />ABSTAIN: None <br />RECUSED: None <br />ABSENT: None <br />Resolution No. PC 2014 -54 approving Case P14 -0829 was entered and adopted as <br />motioned. <br />b. P14- 0970/P14 -1173, Young Ivy Academy <br />Applications at 5460 Sunol Boulevard, Suites 3 and 4 (Oak Hills <br />Shopping Center): (1) to modify an existing Conditional Use Permit to <br />convert a previously approved tutoring facility with a maximum of 30 <br />students into a Heritage School with a maximum of 30 students and an <br />outdoor playground area; and (2) for Design Review approval to remove <br />eight existing parking spaces at the rear of the existing shopping center <br />and construct a new 1,984 square -foot outdoor playground area <br />enclosed with a new six -foot tall wrought iron fence. Zoning for the <br />property is C -N (Neighborhood Commercial) District. <br />This item was continued from the October 22, 2014 meeting. <br />PLANNING COMMISSION MINUTES, November 12, 2014 Page 21 of 35 <br />