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moved forward with their PUD development standards and design, which left the remaining <br /> two properties as stand alone. <br /> Commissioner O'Connor inquired how many units per acre are allowed. <br /> Ms. Hagen confirmed eight or more units per acre are allowed. For the neighboring <br /> development on Rachael Place, they allow 15 units per acre. <br /> Commissioner Brown asked and confirmed the proposed project is at nine units per acre. He <br /> suggested that if less density than that were approved, it might be considered a taking. <br /> Chair Allen asked for a slide of Exhibit D, showing the project comparison. <br /> Ms. Hagen went over the project comparison sheet and explained the different density ranges <br /> based upon the zoning. <br /> Commissioner Brown explained, for the audience's perspective, the zoning and project density <br /> and what is allowable. <br /> Commissioner O'Connor inquired if this project wasn't allowed or were to be denied whether it <br /> could result in legal action. <br /> Commissioner Brown stated his understanding that if the Commission were to deny the project <br /> or approve it below the minimum density, it could result in legal action. <br /> Commissioner Brown expressed some uncertainty about being ready to make a <br /> recommendation on the project at this meeting, based upon what he has read in the agenda <br /> report and what has been expressed during public comment, although he supported efficient <br /> decision-making. He admitted he has not visited the site to view the story poles. He also <br /> referenced the windows and privacy concerns and invited discussion among the remaining <br /> Commissioners as to whether a decision should be postponed, and for additional discussion of <br /> those two items, if the Commission felt they had not yet been properly discussed. <br /> Commissioner O'Connor said he agrees that the trees on the eastern side would be beneficial <br /> as larger trees. He deferred to staff about the windows and questioned the need to postpone <br /> the decision. <br /> Mr. Dolan recognized that it seemed the Commission's and neighbors' issues involve the view <br /> to the east. He recognized the Commission's involvement with rear-facing windows but <br /> explained that he has never had the Commission address the front-facing windows because <br /> they do not address the same concerns surrounding privacy. <br /> Commissioner Brown stated this project is a 90-degree angle to the property on the east, <br /> which is why it had been raised as an issue; he will leave it to his fellow Commissioners as to <br /> whether 24-inch box trees sufficiently address the privacy concern. <br /> Commissioner Pace inquired as to the distance between the front of the homes constructed on <br /> the property to the east. <br /> Planning Commission Minutes Page 6 of 16 August 28, 2019 <br /> development standards. As a PUD, <br /> development standards are established on a case-by-case basis, through project review. Staff <br /> provided a chart of other properties with similar densities within the DSP that have been <br /> approved in this area. As proposed, the project would have a 10-foot rear setback from the <br /> garage and the habitable space on top of the garage will be required to be set back 15 feet. <br /> There is a five-foot separation between the side yard setback, which is consistent with <br /> adjacent neighbors, with the exception of the homes on Rachael Place, which are set back a <br /> Planning Commission Minutes Page 4 of 16 August 28, 2019 <br />