SR 05:260 - Laserfiche WebLink

Mr. Crofton appealed the Zoning Administrator's action to the Planning Commission, citing privacy issues. The Planning Commission reviewed and denied the appeal at its meeting of July 27,2005, thereby upholding the Zoning Administrator's action with modifications to the conditions of approval. The Commission modified the approval by not allowing construction on Saturdays, and imposed two additional conditions of approval. The first requires the applicant to replace the three trees to be removed, the location of which would be subject to the review and approval of the Planning Director to provide the maximum screening possible. The second requires the Diaz' to construct and pay for a seven-foot tall fence along the common side property line shared with the Croftons, the design of which would be subject to the review and approval of the Planning Director and the design and installation approved by the Croftons. The applicant has appealed the two conditions added by the Planning Commission to project approval. The appeal is now before the Council for final decision. Staff notes that this matter has become a contentious issue between the two neighbors. In accordance with the Council's preference for staff to conduct a mediation process in such cases with the goal of reaching a compromise acceptable to both parties, staff offered this option to the applicants but was unsuccessful in obtaining their concurrence. Staff, therefore, is forwarding the appeal to the Council with a recommendation intended to be fair to both neighbors. PROJECT DESCRIPTION The applicant proposes to construct first- and second-story additions totaling approximately 606 square feet: a 285-square-foot first-story addition, and a 221-square-foot second-story addition at east (right) side of the existing home. The proposed project meets all required development standards for PUD-79-11, which follows the R-l-lO,OOO zoning district. Please refer to "Exhibit A," the attached site and floor plans. Also, please refer to the attached Planning Commission staff report dated July 27,2005 for a detailed description and analysis of this project. DISCUSSION The application for the proposed addition was approved by the Zoning Administrator and upheld by the Planning Commission. The focus of the appeal, and therefore this discussion, is on the modifications to the conditions the Planning Commission placed on the approval of PADR-1271. 1. Modify Condition No.7 to not allow construction on Saturdays The standard condition of approval for residential additions limits construction to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday, barring Federal holidays. Although not subject to the appeal, staff notes that it is common practice to modify this condition to limit construction to Monday through Friday in order to address neighbor concerns. Staff supports the modification prohibiting work on Saturdays. SR:05:260 Page 3