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matters that were submitted to the Planning Commission are not the same matters that <br />have been submitted to Council. In fact, there have been significant revisions from what <br />the Planning Commission saw as opposed to what Council has seen. He felt that the Code <br />provides for appeals to be made from the Planning Commission based upon what the <br />Planning Commission saw, not what has been revised. Otherwise, Council becomes the <br />Planning Commission. He believes that if Council allows this to happen they might as <br />well dispatch the Planning Commission and make them nonexistent as everyone will just <br />appeal their decisions and bring the documents to Council. <br /> <br />Davidson requested that Sam Light, City Attorney, review the documents and notify the <br />applicant of the conditions. <br /> <br />Keany arrived (7:05 p.m.). <br /> <br />Jon Lee, the applicant requesting an appeal, questioned why it wouldn't be the same. He <br />explained that he presented the same information to Planning Commission & Council, <br />however, there was additional information offered to Council to help his case along. <br /> <br />Sam Light, City Attorney, replied that that is not the purpose of an appeal. He explained <br />that an appeal is for the City Council to visit the decision in the record established at the <br />Planning Commission level. If you are looking for discussion and direction on a different <br />type of submittal, that's also built into the process. After submittal of a preliminary plan, <br />there is a procedure that allows you to obtain City Council discussion and direction on a <br />new application. An appeal has to be based on the record that was established in the <br />lower tribunal. <br /> <br />Lee questioned whether any other discussion could happen. <br /> <br />Light replied, no, not on a new application or new elements of the plan. <br /> <br />Davidson questioned whether, in the appeal, Council would be allowed to make changes. <br /> <br />Light replied they could make modifications to the documents that were submitted to the <br />Planning Commission. However, their findings need to be based on the record and the <br />discussion that the Planning Commission had. They review that record and the <br />documents that the Planning Commission looked at. If the Planning Commission did not <br />look at specific modifications or proposals, you get into a point where, perhaps, it's more <br />proper to have it in a new application, versus as part of an appeal document. <br /> <br />Davidson requested that Light review the procedures with the applicant. <br /> <br />Light agreed. <br /> <br />Lee stated that every time he comes before Council there appears to be a different legal <br />program. He explained that Paul Wood, in the hearing, indicated that they could appeal it <br />and also said that it couldn't be appealed. He expressed his confusion and questioned <br /> <br /> <br />