PC 04/13/1994 - Laserfiche WebLink

b... PUD-85-15-4M. Ronald C. Vella Application for a modification to the approved PUD development plan for the Golden Eagle Farm subdivision to reduce the minimum side yard requirement from 23 feet to 17 feet 11 inches for lot 57 located at 8519 Lupine Court. Zoning for the property is PUD (Planned Unit Development) - Low Density Residential District. Mr. Iserson presented the staff report outlining the request for a modification of the PUD. The property line had been incorrectly located and, thus, the house was built into the western sideyard setback. The house is encroaching 5 feet into the required 23 foot setback. Negotiations with adjoining property owners have failed. Staff does not believe the reduction of the sideyard setback by 5 feet will have a significant impact on the adjacent property and use by its owners. Staff believes the PUD modification should be granted, subject to the Conditions of Approval in Exhibit "B." In response to Commissioner Michelotti's question regarding the proposed fence line, Mr. Iserson stated the fence line stops short of the street, approximately 30 feet past the end of the Vella house and 30-40 feet from Lupine. Responding to Commissioner Mahern, Mr. Iserson advised that granting this PUD modification did not change the setback requirements for the entire Golden Eagle Farm division. Chairman McGuirk clarified with staff that the Vella's sideyard fence line faces the rear yard of the adjoining property. To prevent this situation in the future, Mr. Iserson has spoken with the Chief Building Official, and the Building Department is tightening their procedure to require a pad certification before work begins on laying the foundation. Chairman McGuirk stated for the record that he had spoken with Dr. Henstorf and the Vellas. Commissioner Hovingh spoke to the Vella's contractor. Commissioner Michelotti spoke to Mrs. Vella, as did Commissioner Mahern. PUBLIC HEARING WAS OPENED Ron Vella, 8519 Lupine Court, represented the application. He stated the house plans were off by five feet from the very beginning due to a mistake made by referencing the wrong sewer line. Mr. Vella stated that he understands Dr. Henstorf's position, however, there are 107 feet between their houses, whereas there are only 85 feet between the proposed location of his house and the house across the street. The applicants stated they have tried to resolve this problem every way they could imagine. Dr. Henstorf proposed that the Vellas purchase a 5 foot strip of his property for $50,000. The Vellas offered to pay for the additional property at Dr. Henstorf s original cost. They also offered to get an arbitrator. Mr. Vella stated that Dr. Henstorfs second proposal of $24,000 was also rejected as being too high. The Vellas also obtained signatures from all the surrounding property owners agreeing to the PUD modification. Planning Commission Minutes Page 3 April 13, 1994 -