PC 061108 - Laserfiche WebLink

operationally the same as what was originally proposed. He indicated that he could not find substantial conformance on this property based on the 1985 plan, which was very clear, as was the Negative Declaration. He stated that a senior facility would fit on this property but that it should have a design review. He noted that four stories was not in substantial conformance when all the documents stated it would not exceed three stories. He stated that he did not know whether the correct solution at this point was to have this project undergo mediator or a workshop or to continue. He stated that he could not vote for substantial conformance under any circumstances at this time. Mr. Dolan noted that the discussion held with the applicant during the break was close to that point and that they essentially agreed to move forward with the facilitation process and without a determination of substantial conformance. He added that they would also agree to granting an exemption from the timing limitation to allow that process to occur. He stated that the applicant wanted a timeline shorter than 90 days, (75 plus 15 days for appeal), which would make it more difficult for them. Commissioner Fox inquired about continuing the item and asking the applicant to come back within a fixed period of time, after which the Planning Commission could consider making a determination. She inquired whether that would be acceptable to staff and the applicant. Mr. Dolan advised that would be acceptable to staff and that the applicant indicated it would be acceptable to them. He added that it would also provide staff the relief required on the timing to accomplish the mediation process. He noted that, in the absence of the continuance and mediation process, if the Planning Commission did not act within a certain period of time, the applicant had the right to take the issue to City Council immediately. He indicated that the applicant has agreed not to do that if the City went through this process of mediation and brings the matter back before the Commission within the 75 days. He added that normal appeal rights would continue for all parties after the continuance period. Ms. Harryman noted that the applicant's consent to an extension of time was consistent with the Code and process. Commissioner Fox moved to continue this item for 75 days plus 15 days, and return to the Planning Commission after the mediation. An independent mediator shall be used. The Planning Commission shall have access to the minutes from the mediation in order to review the issues. Commissioner Narum seconded the motion. Chair Blank indicated that he could not support the current motion if it included minutes from the mediation session. PLANNING COMMISSION MINUTES June 11, 2008 Page 24 of 28