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Chair Blank commented that the problem is that this is after the fact. He inquired <br />what the impact would be if the Commission found for the appellant, noting that he <br />was sure it would be appealed to the City Council. Mr. Dolan replied the decision <br />would be the denial of the project. He added that the appellants have asked for <br />specific items but have not asked that the Zoning Administrator's approval be <br />vacated. <br />Chair Blank inquired what the impact would be should the Commission vacate the <br />Zoning Administrator's approval. <br />Mr. Dolan indicated that he needed some time to confer with staff. <br />Commissioner Fox stated that at the last meeting, the Commission discussed <br />upholding the appeal and not the Zoning Administrator's decision. <br />Ms. Decker requested the Commission to allow staff some time to discuss the issue. <br />Chair Blank called for a recess at 8:10 p.m. and thereafter, reconvened the regular <br />meeting at 8:20 p.m. <br />Chair Blank noted that staff had handed the Commissioners the original appeal letter <br />from the Johnstons. He asked staff to respond to the question of vacating the <br />Zoning Administrator's decision independent of what the appeal letter stated. <br />Mr. Dolan reiterated that the appeal did not request that the Zoning Administrator's <br />decision be thrown out but that some of the conditions be modified. He noted that <br />the first request, Item 2, was to lower the wall, and Item 4 asks for a minimum height <br />requirement on the screening plants, additional trees along with the Pittosporum <br />plants, replacement of the plants if they were to die, and re-evaluation of the plant <br />species and their growth in 6 to 12 months to provide adequate screening. <br />Chair Blank asked Mr. Dolan about Item 3. Mr. Dolan replied that he first thought <br />this related to the height of the wall, but this is consistent with comments made <br />suggesting that the fill be removed. <br />Chair Blank recalled that at the last meeting, Mr. Roush stated that if the Zoning <br />Administrator's decision were vacated, the wall would have to be redone, the <br />grading would have to be taken out, and the property would have to be put back in <br />its original condition. He noted that Mr. Dolan's response sounds like a change from <br />Mr. Roush's answer. Mr. Dolan stated that from a practical viewpoint, this would be <br />the most difficult way to address the problem. He noted that the appellants have <br />asked to change the conditions and that this would be an interesting, theoretical <br />discussion point. <br />Chair Blank stated that from reading the Minutes of the last meeting, there appear to <br />be three options: the Commission can uphold the Zoning Administrator's approval <br />PLANNING COMMISSION MINUTES, September 24, 2008 Page 14 of 41 <br />