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Campbell: That's all the questions I have. <br />Sears: If there are no further questions of the applicant, then I would ask if there <br />is anybody in the audience who would like to speak in favor of the applicant? <br />Anybody in the audience wishing to speak opposing the applicant? Mr. Campbell? <br />Campbell: I am only speaking against it on the grounds of the ordinance and the <br />State statutes. I really have no disagreement on the type of building that's going to <br />go on it, the house or the design. If this group of houses was developed pursuant <br />to the PUD, I would like to read you the City Code Section 17.28.230. (Mr. <br />Campbell read the Section - "After the development is substantially completed, the <br />PUD Development Plan is to govern, rather than any other provisions of the zoning <br />ordinance." I believe he stated that these were the only three lots that weren't <br />completed. <br />Von Eschen: Can the PUD Final Plan be modified? <br />Campbell: Yes. <br />Von FSchen: And what is your understanding of that process? <br />Campbell: I could get to that in a minute, would that be satisfactory? <br />Sears: Why would that be a factor that would make you in opposition to the <br />variance being granted? <br />Campbell: If you go by the Code Section, you would be in opposition to the <br />variance being granted because the PUD governs and the Board doesn't have any <br />authority to grant a variance to the PUD. <br />Sears: So, your major argument is that you don't believe that the Board has... <br />Campbell: It's not really my argument. It's the City's Code. <br />Sears: But you are bringing it up as being in opposition. <br />Campbell: Yes. I'd like to read you Section 24.67.106, State statute. This may <br />address, partially, Mr. Tillquist's concern: "Most substantial modification, removal, <br />or release of the provisions of the plan by the municipality shall be permitted except <br />upon a finding by the municipality following a public hearing called and held in <br />accordance with the provisions of Section 24.67.104 (1) (e), that the modification, <br />removal, or release is consistent with the efficient development, and preservation of <br />the entire Planned Unit Development does not affect in a substantially adverse <br />manner either the enjoyment of land abutting upon or across the street from the <br />4 <br />