When the City communicated its agreement with this analysis and its support for <br />the corresponding revisions to the 2019 application, WinCo submitted a new narrative on <br />March 17, 2020 (Exhibit 9). Ultimately, however, after further discussions with the City, WinCo <br />decided that the proposed changes warranted a new application. The previous application was <br />withdrawn by WinCo on April 6, 2020, and the Application at issue was subsequently filed. <br />There is one other set of documents relevant to this appeal. While the Application <br />was pending, representatives of appellant LSL, filed two of applications requesting "code <br />interpretations" concerning WinCo's use of the Property, and seeking confirmation of their <br />arguments already made in opposition to this Application.8 In response, WinCo filed two letters <br />pointing out that these requests were not allowed by the City's code, and addressing a few of the <br />opposition arguments therein. The more substantive of WinCo's comments, dated May 7, 2020 <br />(Exhibit 10), was in response to the first of LSL's request for a code interpretation.9 In this letter, <br />WinCo demonstrated that (1) a site review approval does not authorize or eliminate the allowed <br />uses in a zone, (2) the 1988 Plans did not in any way restrict the Property's allowed use as a <br />supermarket, (3) compliance with existing site review plans (like compliance with any other <br />existing land use approvals) is unrelated to the City's code concerning nonconforming uses, and <br />(4) structures out of compliance with current development standards are governed by the City's <br />nonconforming structure code, not the code concerning nonconforming uses. WinCo's other <br />letter, dated June 1, 2020 (Exhibit 11), responded to LSL's second request for interpretation10 and <br />s This application review does not require public notice, and LSL did not inform WinCo of their attempt to obtain <br />land use decisions by the City related to WinCo's Property and its Application. <br />9 Request for Code Interpretation dated April 30, 2020, submitted by the Law Office of Bill Kloos. <br />10 Request for Code Interpretation dated May 20, 2020, submitted by Teresa Bishow. <br />Page 7 - 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 />