PC 031010 - Laserfiche WebLink

Commissioner O’Connor stated that he looks at the Commission’s role as not just going to the letter of an ordinance all the time or the letter of a document, but to fairness. He added that in this regard, he can only side with the appellants and think this was expected to be custom homes and lots. Commissioner Pearce stated that she read all documents and did not find any definition of “custom.” She added that she looked for intent beyond verbiage that they should be custom homes, and in the documentation that the appellant provided of the City Council 2006 staff report, she found the only discussion of the intended distinction between the prior production home development and this custom home development. She noted that on page 4, it talks initially about the front yard setback and the fact that the concern with these houses is that they want to make sure there is more variety in siting, architectural form, and detailing. She further noted that the design guidelines use the phrase “custom home site”; however, it is stated on page 1 that they are intended to provide aesthetic guidelines only. Commissioner Pearce indicated that for her, this boils down to the aesthetic guidelines and the question of whether these homes meet the aesthetic guidelines details for Serenity. She noted that she is not certain that the houses do meet those aesthetic guidelines. She expressed concern about the detailing on the outside that is extended to only a portion of the home, whereas in the past, the Commission has required 360-degree detailing for similar developments. She reiterated that the issue for her is not custom versus production but what the intent is and the outside detailing, and she did not think the homes are there at this point. Commissioner Narum stated that she appreciates all the materials provided by the appellants but that for her, it comes down to the Planning documents, including the design requirements, the conditions of approval, and the Happy Valley Specific Plan. She noted that it is clear from the design requirements and planning documentation that the intent was not to have the same house built on all 12 lots, however, there is nothing in the documents that would preclude a builder from buying a lot and building a spec custom house as long as all the proper approvals were obtained, including approval by Terry Townsend. She noted that the design of these houses were reviewed by Terry Townsend, who recommended some changes which were consistent with some of Mr. Briggs’ points and which were included in the conditions of approval. She added that she is more concerned about having two houses with the same floor plan as opposed to the way they look. Commissioner Narum stated that there is nothing in any of the documents that precludes somebody from buying a lot and building a house, even one identical to that on Lot 10 in Mariposa, as long as it adheres to the design guidelines. With respect to whether or not the proposed homes are custom, she indicated that she was not certain and felt that there may be questions that beg more discussion. PLANNING COMMISSION MINUTES, March 10, 2010 Page 8 of 25