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Mr. Spencer stated that a wooden fence is in place between his house and the Bessos' house and that the Bessos have a water feature that is against the fence on one end of the fence line and a spa on the other end. He indicated that he wants to be able to utilize his yard as well and to move the pool to enable him to get the maximum enjoyment and enhancement of his property. He stated that he was very surprised to hear about the Bessos' objection and subsequently met with staff about what the next steps might be. He noted that it was at that point that staff suggested to spearhead a global modification for setbacks for the entire PUD. He stated that he looked at the new homes that face the freeway off of Bernal Avenue and noted that the swimming pools in the model homes were set back two to three feet from fence. He added that the Bessos have a very narrow backyard and suggested that neighbors with very narrow backyards be allowed a two -foot setback so they can utilize their backyards as much as they can. He added that there were questionable structures that have been put up in the neighborhood, and this was an attempt to clean up the neighborhood and let everybody enjoy their backyard as much as they wanted. Mr. Spencer stated that after several months, it became apparent that he and the Bessos could not arrive at a compromise. With respect to noise mitigation, he noted that from their house and with their windows open, he could hear every word the Bessos say when they are using their spa, as well as the noise coming from the spa and the rushing water. He pointed out that they do not live in a retirement community but in a neighborhood where there are children, neighbors, and barbeque parties. He told the Commission that all he wanted was the quiet enjoyment of his home and requested that the Commission grant him the five -foot rear and side yard setbacks as it does not do harm to anybody. Chair Blank noted that there is a reference in the staff report that both parties have expressed initial interest in mediation and that since the item was now before the Commission, he took it that the mediation did not occur. Mr. Spencer stated that he had asked many times for mediation, but the neighbors had put on some conditions and so it did not occur. He indicated that he had gone to his neighbor to try and work things out, but he was asked to leave and there were no further conversation. He noted that because the mediation process was not going anywhere, he decided to go it alone and put in his application. Chair Blank asked Mr. Spencer if he would be open to mediation if it were still an option. Mr. Spencer said that he would not at this point. He explained that there is a lot of history and ill- feeling in the neighborhood. He noted that there had been enough time and opportunity to do that and would rather leave the decision in the Commission's hands. He added that he is not harming anyone by moving his pool. Terry Besso expressed his thanks to the Planning staff for a very comprehensive report and to the Commissioners who visited his property. He stated that he agreed to accept mediation when it was offered and that he had offered to pay for half of the mediation expenses. He noted that he and his wife do not have a problem with the mediation process, but he could not accept mediation under the conditions offered by Mr. Spencer. PLANNING COMMISSION MINUTES, April 9, 2008 Page 22 of 33