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could be returned to what it originally was, which is going to be very expensive and maybe impractical. Commissioner Pearce inquired how this could be done if the original grading is unknown and what would be proposed to be done in theory? Mr. Dolan stated that it will be very difficult to construct the complex condition the Commission is discussing as a group. He noted that no one wants this to drag out longer and asked the Commission to give staff some time to make some proposals in order to correct it. He added that alternatively, the Commission could consider something where the applicant could make a proposal, and if the appellants agree to it, the Commission could authorize him to approve it; and if the parties do not reach an agreement, staff will return to the Commission with alternatives. Commissioner Fox stated that she likes the first alternative, but not the second one because she still believes what the City Council years ago indicated that it wanted to see re-grading requests. Chair Blank stated that if the Commission tables this to the next meeting, and staff gets both parties to agree between now and the next meeting, the Commission can then send this to the City Council, explain what was said in 1988, and indicate that the two parties are 100 percent in agreement. He stated that he would be astonished if the City Council said it would not let the agreed-upon proposal move forward. He added that if, on the other hand, there is no agreement reached, then the Commission can have more detail from staff in terms of what that setback should be for the above-ground restriction, and the Commission can then move forward from there. Commissioner Fox requested that the item be addressed at the next meeting as the appellants have gone through a lot and that she would not want to have them spend the next 20 hours in meetings. Chair Blank stated that this is something he felt could be done by the next meeting. Mr. Dolan stated that realistically, between now and the next meeting, staff could ask Mr. Jeffrey to make a proposal and present it to the Johnstons, and if the Johnston do not accept the proposal, staff would then go on to the Commission to consider options along the lines of what has been discussed, and it would not be a long, drawn out mediation. Chair Blank confirmed with Mr. Dolan that the setback recommendation could also be included through a short memo to supplement the current staff report. Commissioner Pearce requested Mr. Dolan to measure the height of the wall, and Mr. Dolan replied that could be done if Mr. Jeffrey allows staff to do it. Commissioner Fox reiterated that it should not be allowed to go for not more than two weeks. Mr. Dolan agreed and noted that it would take months if it does end up going to Council. EXCERPTS: PLANNING COMMISSION MINUTES, September 10, 2008 Page 24 of 25