PC 04/13/1994 - Laserfiche WebLink

Dr. Henstorf stated that although his lot is off the market due to the issues at hand, he would sell his lot if a buyer was found. Bruce Springer, 2047 Valley Oak, commented he was one of the first homeowners in the second phase of Golden Eagle Farms and stated that one of his property lines was off by ten feet. Mick Lamb, 147 Old Bernal, surveyor for Mr. Vella (who had also surveyed the Springers' lot), stated he believes the Vellas have tried to resolve their problem outside of the Planning Commission's public forum. Responding to a question from Commissioner Michelotti, Mr. Lamb stated that of the four lots he has worked on, one lot's lines were out of position. In response to Commissioner Finch, Mr. Lamb stated the curb markings are visible at this time. Katherine Pittenger, 1912 Toyon Court, stated a survey was not required to get a building permit, and as a neighbor of the Vellas, she supports the approval of the PUD modification. Kay Vella, 8519 Lupine Court, stated they realize they are not here to place blame. The Vellas feel they have done everything they can do to mitigate the problem. They have offered to let Dr. Henstorf choose the landscaping as well as offered to landscape Dr. Henstorf's side of the fence line. The Vellas feel the cost of the land is always at issue. They feel the various offers from Dr. Henstorf to purchase the land are unreasonable. Ms. Vella stated their last offer to Dr. Henstorf was to agree to a lot line adjustment and once he had sold his land, they would pay him for the amount of land at the same price he had sold his lot for. Responding to Chairman McGuirk, Ms. Vella stated they had read and agree with the Conditions of Approval, further stating they would do whatever it takes to get this issue settled within the boundaries of their property. PUBLIC HEARING WAS CLOSED Commissioner Michelotti inquired of staff if in the original PUD there was a provision for solid fencing. Mr. Iserson stated there were areas with solid fencing. Because of the uniqueness of these four lots in the development, they were allowed solid fencing between the lots. Due to the configuration of the four lots, the City wanted to ensure privacy. Commissioner Mahern supports the application, although, she agrees the house is too close to the lot line. However, she does not agree with Dr. Henstorf that it will affect his property or the house he was going to build. Commissioner Mahern feels the Vellas will suffer with a narrow driveway and by accommodating this problem within their own property line. Commissioner Mahern does not feel this was intentional by the Vellas and would have preferred them to negotiate a lot line adjustment. Planning Commission Minutes Page 5 April 13, 1994 -