APPEAL STATEMENT ~ , <br /> <br />~r ~ RE DECISION APPRO'~ING ZONE CHAN ~Q~ <br />1~ <br />~f. ~ LOOKING GLASS SCHOOL FILE ~ 11-3 ~ `{`y'~` ~ ~ <br /> <br />Q~~~ <br />The following statement by appellant, who is the representative of the Jefferson <br />Westside Neighbors ~JWN}, a City-chartered neighborhood association, lists the <br />specific issues on appeal and identifies wheze the Hearings Official's decision is <br />inconsistent with the criteria applicable to the above captioned application for <br />approval of a zone change. <br />The jWN neighborhood association encompasses the subject property, and the <br />J~VN Executive Board voted unanimously to file this appeal. <br />PRELIMINARIES ~ ~ ~ <br />A, Settled issues <br />1. Policy 1 under the "Land Use Element" section of the 1987 <br />Wesfside Neighborhood Plan ~~1,'NP~ is a mandator a royal y Pp. <br />criterion. <br />Despite staff ignoring this policy in their original report and their <br />wavering on this issue at the public hearing, the Hearings Official <br />correctly found in favor of the J~IIN position presented in section <br />III.C of the Jv~N July 20, 2011 testimony: . <br />"~'he WIVP contains a general land use element policy applicable to <br />this application that provides: 'Prevent erosion o f the neighborhood's <br />residential character.' ~ f ind that f'oticy 1 Gunder the "iJand use <br />Element" sections and Chambers Policy z are both applicable criteria <br />for this zone change application," Decision at 4. <br />2. A zone change can be approved conditions, including a condition <br />that excludes certain uses permitted under the C-2 Community <br />Commercial Zone. <br />Despite staff's apparent position during the original decision that <br />the Hearings Official cannot approve a zone change with a <br />condition that limits future uses on the subject parcel to a subset of <br />those uses permitted by the requested zone, the Hearings Official ~ . <br />, <br />Appeal Statement Z 113 1 ~ August 16, 2011 <br />PC Agenda -Page 10 <br />