PC 113011 Special Mtg - Laserfiche WebLink

that in the case at hand, the applicant has an easement over that property and can use Sycamore Terrace. Ms. Harryman explained that what the City is looking at here is the Design Review, and it does not look at the easement or the lease. She noted that if the private parties have an issue on this, that is for them to litigate; they could completely change the access if they wish, but they would litigate to have to do that. role to be judge and jury over what the private agreements between the parties or the CC&Rs state. Commissioner Blank inquired what specific recommendation is. Mr. Dolan replied that recommendation has not changed from the last time, which is for approval. THE PUBLIC HEARING WAS OPENED. Ron Panich, Applicant, stated that they have considered the staff report and the conditions of approval in great detail and that they agreed to the changes with the exception of two things: 1. The reduction of sound levels from 60 decibels to 50 decibels at the property line. He explained that 60 decibels is a very low-level conversation, and the cost to mitigate this would be approximately $10,000. He stated that he still maintains and would like to demonstrate that 60 decibels is a very low level of sound and would not be a disturbance to anybody, particular since the conditions of approval specify that the hours of operation for generator-testing be during the day and not on weekends, so it will certainly not disturb anyone. He added that they have also relocated the generator, as recommended by staff. 2. The door to the storageeither/orbe allowed either to place the door on the side at Sycamore Terrace, which is not his preference due to the narrow width from the building to the functional property line, or to screen the front and have an architectural raftsman-y flavor like they did for the entrance door, and create some sort of physical screen so that the door cannot be really seen until the person penetrates or goes into the screened area. He added that Ms. Soostepping stones would still need to address the 20-inch elevation difference between the finished grade and the floor and would require steps or a ramp in order to be able to gain access to that room. With respect to the easement issue, Mr. Panich stated that their attorney had stated equivocally that the easement cannot be taken away and that none of the parties are empowered with that right. He added that their attorney indicated that the easement itself does not even specify residential use, although they are to be considered a PLANNING COMMISSION MINUTES, November 30, 2011 Page 12 of 19