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Mr. Raymond Suefuji -3- December 11, 1972 Since the Commission consisted of nine appointed members at the time the variance was considered, five affirmative votes of the Commission were needed to approve the request. Failing to get five affirmative votes, the appli- cation died and Quality Sheet Metal Co. , Ltd. , must make application in compliance with Subsection B, Section 35, Ordinance No. 63 . As stated above, the effect of failing to receive five affirmative votes is that the variance application is defeated. As to the similar question created by a variance request by Economy Motors, the above reasoning should be followed. It would appear from the information submitted with your request that the variance request of Economy Motors was defeated regardless of whether or not seven or nine members were actually appointed to the Commission at the time the request was considered. We wish to call toour attention Y an inconsistency between Section 13-4 (i) of the County Charter and Rule I (D and E) , Rules for the Transaction of Business , Planning Commission, concerning voting procedures. Under Section 13-4 (i) , a vote of the majority (of the • members appointed) is necessary to transact business, whereas, under Rule I (D and E) , Robert' s Rules of Order prevails requiring a vote of the majority (of the members appointed) present at the hearing to transact business. It is our recommendation that your staff discuss and decide which procedure is most advantageous for the conduct of your business and amendments to the Charter or your Rules be enacted accordingly. Until such time that a decision is made, Section 13-4 (1) of the Charter must be followed. That is, in order to approve 746