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itself offers no privacy for the Lus because of the difference in height of the homes. Mr. Scott r. stated that it would be his preference to move the entire fence, but he is willing to compromise by having the three sections removed completely and the hog wire fence moved back. He also commented that he does not feel the hog wire fence is aesthetically pleasing for a residential neighborhood. Mr. Scott reported that the Lu's property is currently for sale. He stated that he has no problem with Option 1. He noted that when he constructed his fence he was required to obtain a building permit, and he met the construction requirements of the building department. He stated that if the fence is allowed to remain standing, it would have by-passed the requirements of the building department. Mrs. Lu advised that the solid fencing actually protects their property, in that Mr. Scott has a large lawn mower and that windows had been broken in the home before they moved there. She further noted that the hog wire fencing was permitted and that is not the issue. PUBLIC HEARING WAS CLOSED Mr. Pavan noted that building permits would be required if the fence is retained and it would be subject to inspection. ~ Commissioner Kameny stated that he is inclined to support staff's recommendation and he would like to see if there is a way for the builder to be responsible if the fence doesn't conform to the building code and needs to be reconstructed. He stated that he would also like the Building Department take this situation into consideration in the event the builder applies for a project elsewhere in the City. Ms. Seto noted that the issue of disclosure would have to be a private pursuit that the property owner would have against the original builder or the real estate agent. She further noted that when a building department inspection is done on an existing project, they only inspect what is visible without requiring a tear-up, and the building permit would be issued with a disclaimer that not all items were visible. Vice Chairperson Maas stated that the Commission does not like wood fences on that side of Foothill Road and that they like open fencing. She noted that they have set a precedent by allowing the wood fence on Mr. Scott's property. Discussion ensued regarding the options as described in the staff report. Commissioner Roberts stated that she feels the real problem is that there are front yards right in someone' s back yard. She stated that she understands the privacy issue. She further stated that it will look a lot better if the posts are cut. Commissioner Maas stated that she is concerned about allowing something that isn't suppose to be there to remain. Commissioner Arkin stated that PUD's are not perfect and sometimes they require modification. r PLANNING COMMISSION MINUTES January 24, 2001 Page II