PC 10/08/97 - Laserfiche WebLink

. . . PUBLIC HEARING WAS CLOSED Commissioner Wright stated that he doesn't see any problem with granting the applicant's request to shift the location of the two species, as long as the size is maintained. He stated that he prefers the trees be planted four to five feet from the property line. He noted that while the two neighbors have legitimate concerns, from his own experience, he doesn't feel the structure will be there for life. He commented that he believes the Broyers are making the best possible attempt to compromise and resolve the concerns of the neighbors. Commissioner Lutz stated that he believes staffs proposal is a good compromise. He believes it is better for everyone involved, rather than walking away from the issue and mitigating it some other way such as decreasing the height of the structure to ten feet. He noted that the CC&R's would have to be enforced uniformly throughout the neighborhood. He stated that he feels the applicant has no reason to plant anything other than healthy trees and that he feels the species can be reversed and that the trees should be planted a minimum of four feet from the fence. He stated that he hopes the neighbors will talk to each other and control any problems as neighbors have to do. Commissioner Dove stated that he would prefer that the structure not be as high as it is and that the best recourse would be through the enforcement of the CC&R's. He noted that the City currently has trees in boxes that will be planted in the future and that this method provides the opportunity for the trees to develop substantially. Commissioner Barker commented that the applicant could cut off the roof of the structure and not be required to apply design review, but that the roof provides for greater control of privacy. She also noted that one of the neighbors has a trampoline in her yard and that she believes there are some privacy issues associated with the use of trampolines, and the City does not control this. She commented that the applicant has tried very hard to try to be neighborly. She noted that the conditions to screen the view from the structure with landscaping gives the neighbors control and recourse in case the trees die. She stated that she supports the switching of the two species of trees and that leaving the trees in the boxes is best for the screening. She agrees that once the trees are planted in the ground they should be four feet away from the property line. Vice Chair Kumaran stated that he understands the concerns expressed by the neighbors regarding privacy. He noted should the applicant reduce the height of the structure to under ten feet the only recourse would be the CC&R's. He commented that the applicant has made a lot of effort in attempting to see that the trees would provide privacy for the neighbors while allowing his child to play in the structure. He agrees with switching the trees and planting them four feet from the property line. A motion was made by Commissioner Wright, seconded by Commissioner Barker, approving Case AP-97-06, subject to the conditions listed in Exhibit "B," with a modification to Condition #2 switching the species of trees indicated as Tree #1 and Tree #2. ROLL CALL VOTE AYES: Commissioners Barker, Dove, Lutz, and Wright, and Vice Chair Kumaran NOES: None ABSENT: Chair Cooper ABSTAIN: None Planning Commission Minutes Page 5 October 8, 1997