AGENDA ITEM SUMMARY <br />August 24, 2011 <br />To: Eugene Planning Commission <br />From: Steve Ochs, Associate Planner, Eugene Planning Division <br />Subject: Appeal of Hearings Official Decision: Looking Glass School ~Z 11-3} <br />ACTION REC~UESTED <br />To hold a public hearing on an appeal of the Eugene Hearings Official's decision to approve a <br />zone change for Looking Glass School ~Z 11-3} and to take action to affirm, reverse, or modify <br />the Hearings Official's decision, <br />BRIEFING STATEMENT <br />The application subjecttothis appeal is atone change approval for ~ookingGlassSchool, from <br />G0, General Office, to C-2, Communit Commercial on propert located at 1662 West 12tH y Y <br />Avenue. The subject property is approximately 1.1 acres in size and is developed with an <br />existing commercial building and related parking, <br />The Eugene Hearings Official held a public hearing for the subject application on July 13, 2011. <br />After an open record period to allow additional testimony following the public hearing, the <br />Hearings Official issued a decision approving the request on August 4, 2011, On August 16, <br />2011, an appeal of the Hearings Official'sdecision wasfiled by Paul Conte on behalfof the <br />Jefferson Westside Neighbors JINN}. The appeal is comprised of 3 assignments of error and <br />several related sub-assignments, as reflected in the written appeal statement see attached}, <br />and further addressed in the~staff response provided below. <br />The Eugene Planning Commission is scheduledtohold a publichearingonthisappeal on <br />August 31, 2011. Based on procedural requirements set forth in the Eugene Code see EC <br />9.7655},the Planning Commission may address only those issues set out in JWN's August 16 <br />appeal statement, Further, theP~lanningCommission mustlimititsconsiderationtothe <br />evidentiary record established before the Hearings Official; the Planning Commission may not <br />accept new evidence. The Planning Commission is required to conduct the public hearing to <br />accept the parties' arguments according to the statutory procedures for quasi-judicial hearings, <br />and otherwise set forth in the Eugene Code SEC 9.7065 through 9.7095}, <br />The Eugene Code requiresthatthe Planning Commission'sdecision onthis appeal be made <br />within 15 days of the close of the record following the public hearing. However, staff <br />emphasizes that a decision will be required na later than October 8, 2011, to meet the 120-day <br />PC Agenda -Page 26 <br />