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Mr. Close replied that they have complied with all provisions of State law, and Ms. Forbath added that the Commission can deny it only if the owners had not complied with the requirements. Commissioner Olson stated that he thinks it does not take much to comply with the law. He questioned whether the entire process was <~ sham. Mr. Close stated that they are expected to comply with State law. He added that many people feel that State law is not fair and that many cities believe they have been given limited discretion. He noted that a bill was passed over a year ago that would have changed it, but it was vetoed by the Governor. Mr. Close stated that he felt it was a fair question and that that he was here not to defend what the legislature did but to follow the law. Ms. Forbath stated her opinion that the State wants to keep uniformity throughout the State. She noted that If every city were to decide its own rules on whether or not a park could convert, some park residents would have the opportunity to purchase and others would not. Chair Pearce called for a break at 9:55 p.m. The Commission then reconvened the regular meeting at 10:06 p.m. Given the lateness of the hour, Chair Pearce asked the applicants for Item 6.b., PDR-804/PCUP-233, Hana Japan, if they were amenable to continuing their item to March 11, 2009. The applicants agreed to the continuation. Commissioner Pearce indicated that the March 11, 2009 meeting, which was canceled at an earlier meeting, will be held and that Item 6b. on tonight's agenda would be heard at that time. THE PUBLIC HEARING WAS CLOSED. Commissioner Fox stated that the subdivision map showed that some of the current units are different than the actual proposed subdivision. She referred to Lot 192 and noted that the dividing line goes to the actual corner of a unit and that there is no setback. Mr. Dolan stated that there is narrow discretion by the Commission under State law relating to setbacks, and this served as an example. Mr. Roush explained that prior to the time the condominium plan is recorded, the applicant would ensure that the physical structures on the property would be within the proposed lot lines so they do not extend over the lines. He noted that it is possible the units could touch the lot line, but the normal setback provisions of a typical subdivision as well as other requirements do not come into play. EXCERPTS: PLANNING COMMISSION MINUTES, February 25, 2009 Page 14 of 19