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that, that we' re requesting that you consider a deletion <br /> of, and that is Section 5-4 . 3 (f) , regarding the Planning <br /> Commission' s ability to hear and determine appeals from <br /> the actions of the planning director on rezoning appli- <br /> cations and special exemptions from the permitted uses of <br /> each district in the zoning ordinance. <br /> The ordinances have since been changed so that the <br /> planning director no longer has the authority to deny a <br /> rezoning request. We provide the recommendation, either <br /> for approval or for denial , and those recommendations are <br /> forwarded onto the Council who makes all the selection. <br /> So there ' s no (inaudible) for the appeal . <br /> BETHEA: Any questions on that? Then your <br /> recommendations with respect to Section 5-4 . 3 (h)? <br /> KANUHA: In that provision, there' s language in <br /> there that mandates the Planning Commission to hold <br /> public hearings in every case prior to the granting of <br /> any rezoning request , variance, special exemption and <br /> related applications. We are suggesting that the phrase, <br /> "the granting of" be modified or changed to "action on" <br /> mainly because the Planning Commission cannot draft a <br /> rezoning request. Okay. They can recommend that the <br /> rezoning request be either approved or denied. The <br /> Council is the only body that can do that . <br /> Since that time, the variance provisions have also <br /> been changed in the law. And the variances are not now <br /> considered by the Planning Commission as an administra- <br /> tive type approach. Although some of the others may have <br /> some related impacts on it , this is why we are saying, <br /> you know, action on the public hearing be held prior to <br /> any action on. . . <br /> BETHEA: Let me ask you this. What it looks like is <br /> that there has been by ordinance a deterioration in the <br /> powers of the Planning Commission and the Planning <br /> Department in favor of decision-making by the County <br /> Council. Is that correct? <br /> KANUHA: With some of the amendments that were <br /> adopted as part of the Charter review and, you know, in <br /> . . .during my last route, it does appear to be, you know, <br /> going towards that end. <br /> BETHEA: Well , were these simply inconsistent at <br /> that time? Or , for example, when this Charter was <br /> adopted , have there been ordinances adopted since then <br /> which says , for example, "Hold public hearings whenever <br /> necessary and in every case prior to the granting of" <br /> which presumed by that language, that the Planning <br /> Commission had the power to do it? <br /> 385 <br />