PC 04/13/1994 - Laserfiche WebLink

~ Commissioner Wright also feels this is an unfortunate situation and feels Dr. Henstorf's offers were exorbitant. He, too, would have liked to have seen some negotiation. Commissioner Wright does support the PUD modification. Commissioner Michelotti concurs with Commissioners Mahem and Wright. She feels the solid fencing is a detraction to the development and cited other properties on Foothill with open fencing that are closer together than these properties. Commissioner Michelotti supports staff s findings and feels every attempt has been made to mitigate the problem. Commissioner Hovingh also supports the modification to the setback. He stated his hope that once the process is through, the Vellas and the Henstorfs can negotiate a lot line adjustment. Chairman McGuirk inquired of staff the procedure if the two parties could come to some agreement. Mr. Iserson stated an adjustment to the lot line would take precedence over the Commission's ruling, however, that would also depend on when the negotiation occurs. Chairman McGuirk supports the approval of the application. Commissioner Hovingh inquired if a condition of a 30 day period before becoming effective would be advisable so that the parties could have one last attempt at negotiation. Mr. Beougher advised this issue will go to the City Council, thereby giving the parties time to negotiation a settlement if they so choose. A motion was made by Commi"Sioner Michelotti, seconded by Commi....ioner Hovingh, rmding the PUD modification is consistent with the General Plan and recommending approval of the proposed modification subject to the Conditions of Approval in Exhibit "B." ROLL CALL VOTE AYES: NOES: ABSENT: ABSTAIN: Commissioners Hovingh, Michelotti, Mahem, Wright, and Chairman McGuirk None None None Resolution No. PC-94-15 was entered and adopted approving PUD-85-15-4M as motioned. Planning Commission Minutes Page 6 April 13, 1994 -