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attention that there was grading occurring and that there was a condition of approval restricting that, Mr. Iserson began discussions with Mr. Jeffrey, the Johnstons and the Lams to determine what course of action would benefit all of the parties. Chair Blank stated that based upon what is before the Commission, it seemed clear to him that if the Commission upholds the Zoning Administrator's decision, things would remain the way they are. He inquired if conditions would be created should the Commission vacate the Zoning Administrator's decision. Ms. Decker replied that if the appeal is upheld, the Commission would be overturning the Zoning Administrator's approval and thereby requiring that the property be returned to its former stated, which would mean removing all grading, the retaining wall, all of the irrigation, and all of the plants that have been planted as well as the screening trees that have been planted for the neighbors, and consideration of the pool. Ms. Decker continued that if the Commission denied the appeal and upheld the Zoning Administrator's decision, the Commission would be approving the grading, the pool, and the retaining wall. She added that the Commission may also modify the conditions of approval of the Zoning Administrator's approval if it so desired. Chair Blank inquired if there is a prima facie evidence that the pool has been agreed to in its current state by both the appellants and the applicant. Mr. Dolan replied that was correct. Commissioner Pearce inquired if, should the Commission uphold the Zoning Administrator's decision and deny the appeal, the Commission could go back and modity the Conditions of Approval as it sees fit. Ms. Decker replied that was correct. Chair Blank inquired if the Commission could also modify the conditions should it overturn the Zoning Administrator's decision. Mr. Roush replied that the Commission would be modifying the Zoning Administrator's decision and allowing something to go forward as the Commission would craft it, as opposed to approving it, which would be status quo. He added that the Commission could also deny it, which would mean that the backyard would have to be returned back to what it was before the grading occurred, replanting trees, and so forth. Commissioner Fox inquired if the Commission could uphold the appeal, put recommended conditions on it such as retaining the pool, and then forward the matter to the City Council. Mr. Roush replied that if the Commission's decision were not acceptable to the appellant, it would most likely be appealed to the City Council. He added that hopefully, the Commission will craft a decision that everyone will be happy with, and it will not have to go to the City Council. Commissioner Fox inquired if, since the original approval indicated that the re-grading of the particular tract requires City Council approval, the Commission would not want this go to the City Council and follow the original wishes of the Council She stated that she EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 19 of 25