PC 111214 - Laserfiche WebLink

Mr. Schmitt stated that the speakers say they were promised that there would only be single -story houses, but that is just hearsay. He pointed out that there are no CC &R's, and there is nothing that ever said they would be single -story houses, so that does not hold any weight on anybody's decision. Mr. Schmitt stated that he has lived in this neighborhood since 1976, not as long as all of the others, and as mentioned earlier, he passes by seven two -story houses on his way to his house, there are two -story houses right behind his house that look down into his yard, and there are two -story houses above his house that can be seen across the street from his. He indicated that these houses are in his neighborhood, in his yard, and it is not fair for them to say that they are not. With respect to the view, Mr. Schmitt stated that there is no view easement in the area, so nobody has a right to any views. He indicated that they did their best to move the addition forward, and now it looks like a two -story, unlike the first plan. He noted to staff that he is sure the neighbors will now favor the first submittal to the revised one. He stated that the speakers were saying most of the neighborhood is opposed to the second -story addition; there are 53 houses in the original neighborhood, and only six people are present tonight to object. He also pointed out that when the City sent out notices on his proposal, those in the neighborhood behind his home as well as those to the right and on the other side of the neighborhood were included, and these people are not in the original Rosepointe, but they are part of the neighborhood. He stated that there being no two -story houses on Hamilton Way is not a reason to deny his application. He indicated that they did everything they could in their power to address the concerns, they spent a lot of time and money with his architect and with planning staff, and they've followed the rules to do the addition. He asked the Commission to approve his addition. Commissioner Piper ask Mr. Schmitt if his original plan is more desirable than the new plan. Mr. Schmitt replied that it is the case for some, but he cannot speak to that for all the people. He stated that he just knows that the first one blocks a lot more of Ms. Bengtson's view, which seemed to be the major sticking point when this was before the Commission the last time, and that is what they tried to fix. Mr. Schmitt stated that he has known these people for a long time, his children talk to Ms. Bengtson and have cookies over there, and he honestly does not like the fact that he has to argue with his neighbor; however, it is their property and they want to modify it, and he thinks they should be allowed to do it because it is within their rights and they followed all the rules. He indicated that they are not asking for a variance; they just want an addition and improvement to the house they live in now. Chair O'Connor stated that he knows Mr. Schmitt talked to the neighbors when he did the first plan, but the neighbors are saying he did not come back with the second plan. He asked Mr. Schmitt if there was much outreach when he went back to revise the plan and come up with the second plan. PLANNING COMMISSION MINUTES, November 12, 2014 Page 14 of 35