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<br /> <br />This is the motion that he will propose at the end of the meeting. <br /> <br />Commissioner Kalish thanked Public Service Company for all of the work they have done on this <br />project. She also thanked the members of the community for giving their opinions, thoughts and <br />feelings about this issue. <br /> <br />Commissioner Pritchard stated that if this motion to deny is submitted by the Chair, he would <br />second it. <br /> <br />Commissioner McAvinew feels that the record has been established and the facts have been set. <br />Mr. McAvinew would like to see the lines buried if there are any additions or upgrades to them. <br />He is also ready to vote on this application. <br /> <br />Paul Wood made a comment relative to part of the motion of the Commission. Staff recommends <br />that if it is the direction of Planning Commission as a whole to move forward with this motion <br />that it would be important to direct Staff to prepare additional findings for denial and then take <br />final consideration of that on June 13. This is not just a recommendation, based on the fact the <br />legal opinion has not been finalized, Mr. Wood would like to prepare findings at the Commissions <br />direction that he can review with the City Attorneys office for the record. <br /> <br />Chairman Lipton stated that the way the motion is worded that they are not at this time relying on <br />any specific legal judgment or opinion as to what their entitlements are. He thinks that is <br />something that would have to be established later and that can be taken to Council. Mr. Lipton <br />feels that the Commission has enough information at this time to make a decision. <br /> <br />Mr. Wood stated that he would like this to be a very solid motion based upon solid findings. <br />There are some additional Special Review Use criteria to tie into this as well as the testimony <br />received with regard to findings on visual concerns that can be worked out. Mr. Wood would <br />recommend that the Staff have the additional findings prepared and submitted to the Planning <br />Commission on June 13. <br /> <br />Mr. Wood stated that the reason he would like to bring this back to the June 13 meeting is to <br />make sure that the Planning Commission can agree upon the full findings of fact to support its <br />decision in the event that this record moves forward to some type of court proceeding. It is <br />important to have a good foundation to incorporate those findings, add to them, modify them as <br />per the understanding of what the Planning Commission is making their decision upon at this time. <br /> <br />Commissioner Lipton asked to move to continue this public hearing to the next regular meeting <br />on June 13, with the direction of Staff to prepare condition findings to support a denial based on <br />the testimony received so far. Staff should also provide any additional information that may be of <br />value in making a final determination on this, including outstanding legal issues. <br /> <br /> <br /> 8 <br /> <br />