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<br />KERN: Madam Director, did you have a comment that you wanted to make or not at this time? <br /> <br />LEITHEAD TODD: Well, I was just going to say that, you know, you have those options. Somebody <br />could make a motion to send this up with a negative recommendation, and unless there is a motion to -. <br />Because there are only four of you a motion to continue would require all four, I believe. So if you <br />can’t get four to continue, then you would have to have, you’ve already had a motion to send up a <br />favorable which died for lack of a second. So the only option would be if there wasn’t four votes for <br />continuance would be then to make a motion to send up with a negative recommendation. And <br />whether you had four votes or not, even if you only had three votes in favor and one vote against, it <br />would still go up with a negative recommendation because you need four votes for a favorable <br />recommendation; and anything short of the four votes would be in effect a negative recommendation <br />of the Commission. But I’m just saying that you could go ahead and make the motion, you have the <br />motion for continuance. If you vote, if you don’t have the four votes, then it cannot continue, if I’ve <br />got that right. Julie, right? <br /> <br />MECKLENBURG: Right. <br /> <br />LETHEAD TODD: And then it would have to be the motion in the other way. Okay? <br /> <br />KERN: Thank you, Madam Director. Do you have a comment? <br /> <br />COTTLE: Yes, Commissioner Kern. If I could just add a little bit more clarification. There seems to <br />be a lot of questions about a use related to the property. And so I just wanted to explain a little bit <br />about the difference between like a use permit and a change of zone request. Obviously if this were a <br />request for a use permit of some kind, the applicant would have to identify the specific use that they <br />want to propose for that property. Since this is a change in zoning which would allow a variety of <br />different uses if it were approved, they don’t necessarily have to identify a specific use that they want <br />to develop. For example, when Ms. Hunt came in to rezone her property in 2005 they had identified a <br />specific development. They wanted to develop a surf board shop. Now they went through Planning <br />Commission up to Council with that proposed development and they got their change of zone. They <br />have every right today to come in and do a totally different commercial use on their property. Even <br />something that’s different than what was represented to the Planning Commission or the County <br />Council when the change of zone was approved. So just to keep in mind the difference between a use <br />permit, change of zone and hopefully that clarifies things a little bit. <br /> <br />KERN: Thank you, Maija. Commissioner Au. <br /> <br />AU: Question for Maija. So basically what you’re saying is Mr. And Mrs. Hunt can knock down their <br />building, go through the Planning Department, build a commercial use building, not have to come in <br />front of the County Council, and not have to come in front of the Planning Commission. And if they <br />get approved through the Building Department they could because they got the rezoning? <br /> <br />COTTLE: That’s correct. They would have to come into the Planning Department and submit plans <br />for plan approval, which is what we asked this applicant to do as a condition of this change of zone <br />request. And then we would look at the plans for plan approval, look at the parking, the landscaping, <br />13 <br /> EXHIBIT A <br /> <br /> <br />