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<br />In response to Commissioner Dove, the applicant noted the building is setback in order to <br />accommodate the handicapped access ramp. <br /> <br />PUBLIC HEARING WAS CLOSED <br /> <br />Commissioner Wright motioned, seconded by Commissioner McGuirk, approving Case <br />Z-95-83 subject to the conditions of approvallisted in Exhibit "B." <br /> <br />ROLL CALL VOTE <br /> <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Commissioners Barker, Hovingh, McGuirk, Wright and Chairman Lutz <br />None <br />None <br />None <br /> <br />Resolution No. PC-95-43 was adopted and entered approving Case Z-95-83, as <br />motioned. <br /> <br />f. PUD-90-01-3M. California Somerset Residential Develooment <br />Application for a modification to an approved planned unit development to modify the <br />five-foot side yard setback requirement for five homes (3364 Hartwell Court, <br />3373 Hadsell court, 3662 Annis Circle, 3666 Annis Circle, and 3682 Annis Circle) to <br />reflect the existing encroachments of the homes' porches into the five-foot side yard <br />setback requirement. Zoning for the properties is PUD (Planned Unit Development) - <br />Medium Density Residential District. <br /> <br />Mr. Swift presented the staff report for the application for a modification to an approved <br />PUD to modify the five-foot side yard setback requirement for five homes to reflect the <br />existing encroachments of the homes' porches into the required five foot side yard setback. <br />An error was made in the placement of five units in the subdivision which renders the homes <br />in non-conformance of the PUD. The easiest solution was to seek a modification to the PUD <br />for the as-built, non-conforming situation. This modification would only extend to the five <br />lots in question. <br /> <br />Staff noted a letter received from the resident of 3373 Hadsell Court asking for a five foot <br />easement from their neighbor. <br /> <br />Commissioner Hovingh feels that Kaufman Broad is not being penalized for their mistake. <br />Mr. Beougher advised that the developer has given over ownership to the homeowners and <br />the developer cannot do anything to make the homeowners grant easements. <br /> <br />Mr. Swift advised that the houses were plotted on the plot plan without showing the porches <br />and staff did not catch this fact. The addition of the porches encroached into the five foot <br /> <br />Planning Commission Minutes <br /> <br />Page 15 <br /> <br />June 28, 1995 <br />