Page 12 <br />September 6, 2016 <br />Conclusion <br />The Hearings Official considered all of the parties' issues, arguments and evidence raised below, <br />and concluded that the Applicant failed to demonstrate compliance with three separate approval <br />criteria. Since the Applicant failed to file a timely appeal, the Hearings Official's decision is the <br />final city decision and the Planning Commission must dismiss the appeal. Even if the Planning <br />Commission considered the appeal, it is based almost entirely on new issues and evidence that it <br />never raised before the Hearings Official. Under the narrow scope of review on appeal, the <br />Planning Commission cannot consider new issues and evidence. For these reasons, the Planning <br />Commission should dismiss or deny the appeal and affirm the Hearings Official's decision. <br />Very truly yours, <br />HATHAWAY KOBACK CONNORS LLP <br />&AV <br />E. Michael Connors <br />EMC/pl <br />cc: Valley River Inn <br />