PC 032311 - Laserfiche WebLink

Referring to the separation between the two properties that was brought up by Mr. Tiu, Mr. Pangali stated that he has two bedrooms on that side of the house that has the same distance of separation from Mr. Tiu's property. He indicated that he thinks putting a loft that does not extend beyond the existing external walls of the other rooms does not create a new boundary or creep closer to Mr. Tiu's house. He stated that he tried to be straight, open, and flexible, and he did not understand Mr. Tiu's reasoning. He told the Commissioners that they have heard both sides and that he trusted their judgment. He then thanked them for their time. THE PUBLIC HEARING WAS CLOSED. Commissioner Pentin asked staff if the three items mentioned in the second paragraph on page 3 of the staff report, as written by Ms. Amos, did or did not happen. Ms. Stern replied that this is staff's record of events. She noted that Mr. Pangali had mentioned coming to the Planning Department and talking about the loft, but no application for Administrative Design Review on the loft was received by staff. Commissioner Pentin inquired if there is no record of any application in 2010. Ms. Stern confirmed that there is no record of any application for an Administrative Design Review in 2010. Commissioner Pearce inquired if it was typical that restrictive covenants run with the land. Ms. Harryman confirmed that restrictive covenants run with the land. Commissioner Pearce inquired if this is the usual means by which a restrictive covenant is applied as opposed to making it sunset when specific people leave the property. Ms. Harryman replied that while this is rare, it is something that can be done, in which case something would be recorded that extinguishes whatever was initially recorded. Commissioner Blank stated that he sees a problem with doing this without disadvantaging one land owner or the other because when the property owners sell their house and buyers come in and see that the window is permanently obscured, then it would have to be disclosed that the window can be opened once they own the property. He indicated that he likes the idea of the covenant remaining permanent. Commissioner Blank further stated that it sounds like the non - operable obscuring view glass is as good as can be. He recommended that the method of permanent obscuration be determined by the Director of Community Development. He indicated that he has full confidence that the Director will make the right decision. Commissioner Pearce indicated that was a good idea. PLANNING COMMISSION MINUTES, March 23, 2011 Page 19 of 21