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have taken into account the base of the property from where it was supposed to be measured. Commissioner Fox noted that if Mr. Jeffrey had known that he needed to move the wall 15 feet back, his original submission should have shown a 15 foot gap. Commissioner Narum stated that she assumed that it did and that the applicant went out and actually measured where the 15-foot setback was. Commissioner O'Connor noted that there were three separate occasions when Mr. Jeffrey was put on notice that he needed permits that he did not have and was asked to stop work, but the work proceeded. He noted that the four-foot wall that did not need approval may have been put in, but the filling of the dirt and the grading of the lot needed an approval. He added that on January 25t", the applicant was advised by phone to stop work, and he was notified that a design review permit from the Zoning Administrator was required. He continued that the approved permit was appealed on July 18t", and on August 8t", the applicant was given another stop work letter and informed that if he proceeded with the work, it would be at his own risk. Commissioner Fox inquired if there was a way to make a motion where the Commission would give the applicant 60 days or some arbitrary date to complete certain things and if these were not completed within that time period, the whole project would need to be put back to its original grade. Chair Blank suggested that the Commission come up with a motion. He noted that he believes that no matter what the Commission decides, the action would be appealed to the City Council by either the appellants or the applicant. He stated that the Commission should try and do its best to come up with conditions it thinks are the most reasonable, and the applicant and the appellants would have 15 days to appeal that decision. Commissioner Pearce stated that she agrees with Chair Blank that the Commission needs to try and get the best conditions. She indicated that this is different than those situations where somebody has no permits and does all the work just the same in the sense that this project got a little more complicated because there were mistakes made and there were errors in judgment. Commissioner Pearce moved to uphold the appeal of PAP-123 (PDR-715), thereby vacating the Zoning Administrator's approval of PDR-715, subject to the conditions listed in Exhibit B, as modified by staff's memo dated September 18, 2008. Mr. Dolan stated that if the Commission opts to uphold the appeal, it should not be followed by vacating the Zoning Administrator's approval because that would mean throwing away all the conditions of the Zoning Administrator's approval. He PLANNING COMMISSION MINUTES, September 24, 2008 Page 18 of 41