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<br />c. AP-97-06/Z-97-127. Joe Brover <br /> <br />Application to appeal a condition of approval of an administrative design review application for <br />a child's play structure located at 6719 Corte Santa Maria. Zoniug for the property is pun <br />(Planned Unit Development) - MDR (Medium Density Residential) District. <br /> <br />. <br /> <br />Mr. Iserson presented the staff report, noting that the structure had been constructed prior to obtaining <br />administrative design approval. He advised that staff had received complaints from neighbors related <br />to privacy and view issues. He described the approval process that has taken place thus far, noting <br />that consensus had been reached regarding a proposed landscape plan at a Zoning Administrator <br />hearing, but subsequent to that there had been disagreement regarding the landscape plan. He advised <br />that the matter was before the Planning Commission this evening because of the issues surrounding <br />the condition regarding landscaping to screen the views from the structure into neighboring yards and <br />residences. <br /> <br />Mr. Iserson advised that a number of alternatives have been explored in an attempt to resolve this <br />issue. He noted that the applicant has prepared an alternative plan, but that it was unacceptable to <br />the neighbors. Mr. Iserson explained that the applicant has the option to lower the structure to just <br />below ten feet, which would eliminate the need for the administrative design review and any <br />landscaping requirements. Mr. Iserson advised that staff is recommending approval of the design <br />review application, subject to the conditions presented in Exhibit "B" of the staff report. <br /> <br />In response to an inquiry from Vice Chair Kumaran, Mr. Iserson confirmed that because the structure <br />is 12' 9" tall it is subject to design review, and that by lowering the structure's height to just below <br />ten feet and meeting all setbacks the structure is within the requirements of the Zoning ordinance and <br />the neighbors would not have any recourse except through the restrictions of the CC&R's. <br /> <br />. <br /> <br />In response to Commissioners Dove's question, Mr. Iserson advised that the applicant would not be <br />required to plant any landscaping if the structure was under ten feet in height. <br /> <br />PUBLIC HEARING WAS OPENED <br /> <br />Joe Broyer, 6719 Corte Santa Maria, represented the application. He noted that he is generally in <br />agreement with the conditions stated in Exhibit "B" except that he would like the species of "Tree #1" <br />to be a Melaleuca quinquenervia and "Tree #2" to be a Melaleuca linarifolia. He advised that this <br />would allow the opportunity to see the play structure from his residence and that this would provide <br />a safer situation for children playing in the structure, while still providing the desired screening. He <br />also asked that condition #6 be modified to allow landscaping to be planted three feet from the <br />property line, rather than four. He noted that most of the trees in his neighborhood are planted 2-112 <br />to 3 feet from the property lines and that this would still benefit the neighbors and give more square <br />footage in the yard area of the play structure. He also noted that he would maintain the trees in the <br />24" boxes until they grow, which would give the trees additional height, initially. <br /> <br />In response to a question from Commissioner Barker, Mr. Broyer indicated that the required trees are <br />not available locally, but he has been able to locate them in southern California. <br /> <br />. <br /> <br />Julie Battershell, 6720 Corte Del Vista, advised that she is the neighbor who will experience the <br />biggest impact from the play structure. She advised that she has four little girls and that they have <br /> <br />Planning Commission Minutes <br /> <br />Page 3 <br /> <br />October 8, 1997 <br />