PC 06/28/1995 - Laserfiche WebLink

setbacks. The Commissioners and staff discussed at length where the fault may ultimately lie, what the alternatives may be, and what legal recourse any homeowner may have. PUBLIC HEARING WAS OPENED Diane Turner, 3385 Hadsell Court, spoke at length regarding her concerns regarding Kaufman Broad in general, their construction being poor in nature, and negligence on the part of the City to properly inspect the construction. She feels they did not correctly grade her property, the mistake in the setback has thrown all of the proper drainage mounding out of balance, Kaufman Broad is not wanting to take corrective action, she has water draining onto her property from her three neighbors which is not draining away properly from her foundation due to non-working drainage system, etc. Ms. Turner advised that she was never approached regarding granting her neighbor an easement. Mr. Beougher feels the speaker has damages between herself and the builder, and the problems with the drainage is a private matter between her and the builder. Commissioner Barker inquired if Ms. Turner and her neighbor would like this application denied, therefore, having a strong suit against the builder. Commissioner Wright feels that Kaufman Broad is in the wrong, however, the issue at this time is the modification of the PUD to modify the five foot side yard setback. Ms. Turner feels with only 2.5 feet access there is a trespassing problem as well. PUBLIC HEARING WAS CLOSED Commissioner Barker would like to eliminate the 3373 Hadsell Court from this decision. Mr. Swift advised that the ramification is that the house would then be nonconforming in reference to the PUD, and staff could ignore the problem or staff could require the porch be removed so the house is in compliance with the PUD. Commissioner McGuirk inquired if the City has some leverage against Kaufman and Broad's future developments due to errors in earlier developments. In response to Commissioner Barker, Mr. Beougher advised that the City can only ask for a one year guarantee. Commissioner Barker motioned to recommend to the City Council approval of Case PUD-90-1-3M, excluding 3373 Hadsell Court, subject to the conditions in Exhibit B. The motion died for lack of a second. Commissioner Hovingh motioned, seconded by Commissioner Wright, recommending to the City Council approval of Case PUD-90-1-3M subject to the conditions listed in Exhibit B. Planning Commission Minutes Page 16 June 28, 1995