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Commission found the project to be in substantial conformance immediately, that would essentially tip the issue toward the developer, because a finding has been made. She stated that she did not see why the Planning Commission's hands should be tied with respect to finding it to be in conformance or not because the Commission could suggest that it be mediated either way. Mr. Dolan replied that those were options and stated that if no action was taken, there was a time period that would expire as staff has processed this decision as an appeal of the Zoning Administrator's determination, in which case, the City must take it forward. He noted that if the project owners' concurrence would be needed as well as agreement to extend the time limits, he had not yet been able to achieve that in his discussions. He noted that he and Commissioner Narum had discussed alternatives and that she had inquired if it were possible to continue the project to allow the applicant and neighborhood to find a solution that would work in the best interests of all parties. Mr. Dolan stated that he then spoke with the applicant, Sunrise, and based on that conversation, had developed a memo outlining a mediation process extending the time to 90 days to try to effect a compromise. In response to an inquiry by Chair Blank regarding whether this item could be continued by the Planning Commission, Mr. Dolan replied that it could be continued, but there was a time limit of 30 days whereby action was required to be taken. Chair Blank noted that if the workshop was not acceptable, the Planning Commission had the options of finding the project was in substantial conformance or not, turn it into a workshop, or continue the item. Commissioner Fox noted that it would be important to hear the public testimony and that the preferred approach could be determined after the Commission's discussion. She stated that she did not believe the Commission should be tied into having to make a finding at this time, especially if the mediation does not succeed, and the neighbors make their input regarding the project. She inquired whether a finding of substantial conformance must be made or whether it may be continued so the Planning Commission would then have a final review of what was going to City Council. Mr. Dolan noted that it may be possible that the project may not be appealed to the City Council at all and that a result could be achieved that both parties could live with. He believed that whatever path was followed, City Council may be interested in pursuing a similar process, as has been suggested by Commissioner Narum. In terms of Commissioner Fox's question regarding whether the Planning Commission could determine whether the project was not in substantial conformance and then dictate a mediation, he noted that could be done; however, the property owner may be inclined to appeal directly to City Council. PLANNING COMMISSION MINUTES June 11, 2008 Page 8 of 28