PC 012401 - Laserfiche WebLink

b. PUD-88-16-2M - Richard and Tracy Lu Application for a major modification to PUD-88-16 to allow the construction of a seven- foot high solid privacy fence along a portion of the rear property line of an existing residence located at 8031 Bethel Lane. The PUD development plan for this subdivision permits only open fencing along the property lines. Zoning for the property is PUD-LDR (Planned Unit Development - Low Density Residential) District. r. Mr. Pavan presented the staff report, providing background information and the history regarding the PUD development plan, the condition related to fencing, and the construction ofMr. and Mrs. Lu's residence and fencing. He noted that due to the opposition expressed by the Lu's neighbor, Mr. Scott, regarding the solid wood fence constructed on the Lu's property by the builder, staffhas determined that a major modification to the PUD would be necessary if the two parties could not reach agreement on the issue of solid fencing. Mr. Pavan noted that Mr. Scott previously received approval of a PUD modification for his lot to allow him to construct a seven- foot high solid fence on the rear and western side property lines of his lot. Mr. Pavan stated that the Lus want the fencing to remain as it is constructed and that Mr. Scott would like the last three sections of solid fencing removed and the open fencing moved back to this point which is approximately 46 feet from the driveway. Mr. Pavan described the three options presented in the staff report for the Planning Commission's consideration. Vice Chairperson Maas noted that she met with Mr. Scott today. She clarified that it is Mr. Scott's desire to have the three solid panels removed and the hog wire moved into the next panel with the fence line relocated to the edge of the garage. r COMMENTS FROM THE APPLICANT Tracy Lu, 8031 Bethel Lane, noted that this matter has been gone on for a long time and that she feels that the problem actually began with the construction of the home which is in front of Mr. Scott's residence. She stated that she feels that Mr. Scott's negativity about the home which began with the City and the builder has been transferred to her and her husband. Mrs. Lu reported that when they purchased the home the fence was there and they did not know the fence was in violation of the PUD, and this was not disclosed to them. She stated that she feels they should be able to retain the fence, because it was there when they purchased the home. She noted that the views from Mr. Scott's home look directly into the Lu's master bedroom and kitchen, and the only reason they bought the house was because the solid fence was present. She commented that the fencing is not visible from Foothill Road. She further commented that she is definitely opposed to relocating the fence and they want to be able to utilize all of their property. Ms. Lu noted that due to a large oak tree in their yard they are limited in the use of their yard. In response to a question from Commissioner Roberts, Mrs. Lu responded that she is not opposed to having the fence post cut off. PUBLIC HEARING WAS OPENED r Mr. Kenneth Scott, 8009 Bethel Lane, advised that he feels the fence is visible traveling south on Foothill Road and that the perspective from Foothill Road is offensive. He noted that the fence PLANNING COMMISSION MINUTES January 24, 2001 Page 10