16 - Laserfiche WebLink

Pleasanton City Council June 11, 2015 Page 3 the pooL" The background of the restrictive covenant clearly shows that it was offered by the Zoning Administrator as a potential remedy to alleviate the neighbors' concern related to a purported reduction of their privacy with respect to this second floor balcony.This point is further supported by the minutes of the Zoning Administrator hearing on March 10, 2015, a copy of which is enclosed herein for reference. The last paragraph of the minutes states: The Public Hearing was closed. The Zoning Administrator granted approval of P15-0037,subject to the condition that Staff will create a new condition of approval that relates to the creation of a vegetative barrier with performance measures that specify minimum and maximum tree height density of tress,degree of transparency,long-term maintenance,and a replacement of the fence; and that the conditions be sent to both the applicant and appellant for approval at which time,if both parties agree,the conditions would be imposed. The "conditions" were never agreed to by the Applicant and Appellants Cummings, and as such cannot be legally imposed without further consideration as to their propriety. Additionally, the Planning Commission's subsequent deletion of the second floor balcony from the Remodel necessitates deletion of the entire reference to restrictions or restrictive covenants on our property as any need for such restrictions no longer exists. At a minimum,the Applicants are asking the City Council to order the Planning Department Staff to correct the record of the Planning Commission decision by deleting Section 7 in its entirety from Conditions of Approval from the Letter in its entirety. On a broader scope, the Applicants request that the Council take up their permit application once more and approve the Remodel as originally submitted, including the balcony, without any restrictions or covenants. To the Applicant's knowledge,all of the Council Members as well as the Zoning Administrator and Staff agree that the original application is legal and complies properly with Pleasanton Municipal Code("PMC")and its existing regulations. It has been noted in the Staff Report that"[tjhe subject property is zoned R-1-6,500(One-Family Residential)District. Additions to existing single-family residences are permitted in this district provided the development standards prescribed by the Pleasanton Municipal Code(PMC)are met... As proposed and conditioned,the addition complies with the above development standards prescribed by the PMC."