(1)AR 030607 Appeal - Pacific Tank Lines

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Planning Commission Meeting Minutes of January 23, 2007 Page 2 of 2 Commissioner Prieto questioned whether they could approve the use. Mr. Soto indicated that the Commission does not have the authority to allow the use and that only the Council could approve the request. Commissioner Vilches expressed concern that the applicant began the process prior to approval of the moratorium. Commissioner Archuleta questioned whether the applicant's concerns were expressed at the Council meeting when the moratorium was approved. Mr. Honcharik stated that they did not have the opportunity to speak prior to it being voted on by the Council. Commissioner Vilches inquired about when the applicant was notified about the moratorium. Mr. Batten stated that they became aware of the moratorium a week prior to the hearing date. Ms. Shane stated that the Commission is unable to approve the applicant's request. Vice -Chairperson Perez questioned why this company was not given an exemption when other companies were provided with exemptions. Mr. Soto indicated that Mr. Batten made a presentation at the meeting to discuss their circumstances but that it was the Council's decision not to exempt the applicant from the moratorium. Vice -Chairperson Perez moved to deny the appeal; seconded by Commissioner Prieto, motion carried with Commissioner Vilches voting against the motion. Mr. Soto informed the applicant of their appeal rights.