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Commissioner Balch inquired if it would act similar to a single -story zone that is being discussed here. Mr. Dolan said yes Commissioner Piper inquired if that would be similar to creating a homeowners association (HOA). Mr. Dolan replied that a private mechanism could be created. He stated that after the fact, he thinks that kind of limitation would be very difficult. He noted that it would actually be more efficient to propose an overlay zone and have the City do the mechanics of it, and it would end up with the same dialogue but with probably more people involved because it would affect everybody and they would be asking the City to impose a restriction on everyone in the neighborhood. Chair O'Connor recalled that during the first Commission hearing on this topic, it was mentioned that there was an HOA which prohibited second -story additions but is now expired. He asked staff if that was correct. Ms. Wallis replied that based on the Minutes of the two applications discussed earlier that were appealed, reference was made to CC &R's that had expired. She indicated that there was nothing in the files showing those CC &R's or where they came from. She added that staff has not seen any CC &R's and has no proof that there ever were any CC &R's. She noted, however, that it was pretty consistently indicated in those Minutes that there was something. Chair O'Connor commented that if the neighbors volunteered that the CC &R's had expired, it is probably true for whatever the length of time those were in effect. He added that he is certain some original owners might have a copy of those documents. He indicated that he is asking only because it shows that there was the expectation some point in the past that all the homes in the neighborhood would only be single story. Commissioner Piper stated that she understands the preference is to have a single story, and inquired if staff was aware that Ms. Bengtson possibly preferred the original plan over the revised one. Ms. Wallis replied that she met with Ms. Bengtson around October 15, 2014 soon after the revised plans were submitted, and reviewed those plans with her. She indicated that Ms. Bengtson acknowledged that it somewhat mitigated some views, but obviously not fully. She noted that Ms. Bengtson appeared to not have the words for the revised plan but did not make any reference to any preference of one over the other. She observed that Ms. Bengtson seemed to prefer portions of the original plans but that she could not tell if she preferred the entire plan. She indicated that she gave a copy of the plans to Ms. Bengtson, who stated that she was going to think about it. Mr. Dolan stated that staff did hear, after the staff report was published, that Ms. Bengtson preferred the original plan. PLANNING COMMISSION MINUTES, November 12, 2014 Page 17 of 35