necessary, (3) the reconfigured loading area did not violate the adjacent property's nodal <br />development overlay, (4) the changes to the loading area were compliant with the <br />1988 conditions of approval concerning on-site traffic, and (5) the apt comparison for <br />determining the impact of the plan modifications was with the existing 1988 Plans, not the <br />alleged operational particulars of the previous use or existing structures. <br />In addition to the Application and the public comments submitted therefor, there <br />are other land use applications and substantive submissions relevant to this appeal. This is in <br />part because WinCo filed an earlier application for its remodel project, prior to the Application <br />defined herein, on November 21, 2019. Because of a misunderstanding of the City's preliminary <br />guidance and the lack of knowledge about the substance of the 1988 Plans and approval (WinCo <br />did not have a copy of the 1988 written decision or the other SR 88-11 documents at the time), <br />WinCo's first application requested a site review modification that covered work outside the <br />scope of the 1988 Plans, as well as a request for a traffic impact assessment review. After <br />WinCo obtained a copy of the 1988 site review file and engaged the assistance of counsel, it <br />revised its first request to the City to exclude the remodel improvements outside the scope of the <br />1988 Plans and withdrew its request for a traffic impact assessment review. WinCo submitted a <br />letter to the City outlining the reasons for these revisions on February 27, 2020 (Exhibit 8).' In <br />this document, WinCo outlined the narrow scope and limited details in the 1988 Plans, and <br />explained the two changes in this Application would not generate meaningful traffic, so that a <br />traffic impact assessment was not required. <br />This letter is included herewith because it contains helpful background about the 1988 Plans and applicable review. <br />It should be noted, however, that this analysis concerned a prior application and addressed some issues that are no <br />longer pertinent. <br />Page 6 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />