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PC : 9-17-87 MS-88-3 This decision is in conflict with every decision made by the Planning Commission in this area for the last six years. A. Micke Grove Plan. B. This is a precedent setting action in conflict with Greenbelt . C . Planning Commission made no findings of fact ; did not search them (see addendum for additional reasons) . Response : The staff ' s decision is consistent with previous approvals for the creation of a homesite parcel for the owner-operator under Section 9-4104 (b) of the Planning Title. A. The subject property was not a part of the Micke Grove Plan. B. There is no official "greenbelt" designation in the area. C . Eight findings of fact were made by the Planning Division - (refer to Staff Report , Page 1 ) . Basis of Appeal , Item II : Mr. Jagir is not an owner-operator as is stated in the Commission' s (staff ' s) response to the petition and upon which the Commission ' s (staff ' s) decision was based. Response: The Planning Title defines an "owner-operator" as an indivi- dual , firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use and development and in its day-to- day operations (Section 9-3115. 2) . Based on the Code defini- tion and the evidence submitted by the applicant , the application was approved by the Planning Division. Basis of Appeal , Item III : If the Planning Commission' s (staff ' s) decision is not reversed, it is possible for Mr. Jagir to create further sub- divisions. The statement of limitations in the Planning Commission' s letter dated August 13 , 1987 , is without force and effect . The statement fails to recognize that ( 1 ) a house can be built (without request for Variance) on Parcel 3 ; ( 2 ) that a -12-