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<br />lived at their residence for ten years. She noted that they have a beautiful view of the ridge. She <br /> <br />commented that the Brayers' child sits in the structure and watches her children playing in her yard <br />and she finds this annoying. <br /> <br />. <br /> <br />Ms. Battershell noted that the CC&R's state that no structure shall be built over the fence line. She <br />advised that she believes the only way to reduce the height of the structure to ten feet is to shorten <br />the legs, not by removing the top. She commented that City staff agreed it is important to keep the <br />trees at least four feet away from the property line and that if the trees are planted closer to the fence <br />some of her plants that require sun would be in the shade of the trees. She also commented that she <br />would like the trees to start below the fence line. She noted that the view from the structure is into <br />her family room and kitchen and that the trees should be ten feet tall and five feet wide in order to <br />block the view and before children should be allowed to play in the structure. Ms. Battershell <br />suggested that consideration be given to moving the play structure to the other fence line, as the <br />neighbor behind that fence line also has a play structure. She noted that the fence is five feet tall, <br />while the structure is 12 feet tall. <br /> <br />Molly Crawley, 6724 Corte Del Vista, stated that she purchased her home because the location <br />provided privacy. She advised that they have a pool and hot tub and, therefore, privacy is appealing. <br />She expressed concern that the size of the trees does not ensure that they will be healthy and provide <br />the necessary screening. She stated that she feels that until the matter is resolved the structure should <br />be removed or not used. <br /> <br />. <br /> <br />Mr. Broyer commented that he has sought to choose the best nursery and the best specimens available. <br />He noted that the purpose of leaving the trees in the containers is to be sure that they will have a <br />maximum height until they grow and can be planted. He advised that a Bay Area nursery owner will <br />be travelling to southern California to select the trees. He advised that the structure has been placed <br />on a foundation for safety reasons. He stated that the feels he issues of deportment should be <br />discussed among neighbors. <br /> <br />Commissioner Lutz asked Mike Fulford, the City's Landscape Architect, if there would be any issues <br />involved in switching the species of trees as requested by Mr. Broyer. Mr. Fulford described the two <br />species and advised that it shouldn't be a problem as long as the height requirements are met. He <br />noted that switching the species would afford Mr. Broyer the ability to see the play structure and <br />through the branches of the trees. <br /> <br />In response to a question from Vice Chair Kumaran, Mr. Fulford stated that he feels the recommended <br />species will do as good a job of screening as the evergreen pears which were originally conditioned. <br /> <br />In response to an inquiry from Commissioner Wright, Mr. Fulford advised that as long as the trees <br />receive good nutrition and moisture the growth in the containers would probably be equal to the <br />growth if the trees were placed in the ground. <br /> <br />Discussion ensued regarding the placement of the trees with respect to each other, the possible growth <br />impacts of placing them close together, and the distance from the fence line. <br /> <br />. <br /> <br />In response to a question from Commissioner Dove, Mr. Iserson clarified that the City does not <br />enforce CC&R's. <br /> <br />Planning Commission Minutes <br /> <br />Page 4 <br /> <br />October 8, 1997 <br />