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<br />. <br /> <br />. <br /> <br />The applicant's neighbors vvho share the zero-lot line vvith the applicant expressed oppo- <br />sition to the installation ot the avvning. Jan and Larry Miller ot ] 570 Poppybank Court <br />object both to the aesthetics or avvnings in the development, as vvell as to the ract that Mr. <br />Fischer is not in compliance vvith the developlnent's site development standards (see at- <br />tached letter). 1 Mr. Fischer reterred the matter to the Rosepark Home Ovvners Associa- <br />tion, On July 20, 2005 The Board of Directors denied his request for the installation or <br />the avvning. The Board reels that avvnings vvould not add to the aesthetic value or the <br />comlnunity. <br /> <br />The Planning Departlnent strives to vvork vvith HaAs and support their determinations. In <br />this case, hovvever, starr believes that Mr. Fischer's avvning is, in effect, an attached patio <br />cover. Statt typically does not revievv projects or this nature, since at 7 reet 9 inches (7' <br />9") high, the avvning is not subject to adlninistrative design revievv through the Planning <br />Departlnent. The administrative design revievv procedure is reserved tor accessory struc- <br />tures and additions over 10 reet tall due to the visual impact ot these higher structures. <br />The impact ot Mr. Fischer's avvning is further reduced since, unlike a permanently <br />erected structure, the avvning is retractable and, according to the applicant, is rarely ex- <br />tended to its tull 9 teet 2 inches. In addition, no portion ot the avvning is visible rrom the <br />public right otvvay. <br /> <br />PUBLIC NOTICE <br /> <br />Statr sent notices otthe Planning COlnmission's public hearing on this item to all prop- <br />erty ovvners and residents located vvithin ] ,ooo-reet or the subject property on October 13, <br />2005. Besides cOlnments rrOln the Millers and the Rosepark HOA, statthas received <br />comlnent rroln one neighbor as or the vvriting or this statt report. Ann Fischer, ] 624 <br />Holly Circle, e-mailed to express opposition to the avvning (see Exhibit F). <br /> <br />ENVIRONMENTAL ASSESSMENT <br /> <br />This project is exempt rronl environlnental revie"'" pursuant to the Califomia Environ- <br />mental Quality Act (CEQA) Section 1506] (b). Thererore, no environmental document <br />accolnpanies this report. <br /> <br />CONCLUSION <br /> <br />Statl believes that the canvas retractable canvas a"",ning installed by the applicant is func- <br />tionally a patio cover and adheres to the site developlnent standards ot patio covers <br />'within the Charter Oaks PUD. Unlike a pennanently constructed patio cover, hovvever. <br />the inlpact to the arrected neighbors is Inininlized since the avvning is retractable, is not <br />typically extended to its lull length, and has a 10'1.'1/ height (7' 9"). StafT believes that, as <br /> <br />I ~rhe Millers initial forenlost objection "vas that as originally iJ1stalJcd~ Mr. Fischcr~s a'\.\!ning crossed over the side <br />property line. Mr. Fischer has since rnoved the avvning so that it no longer crosses the property boundary. <br /> <br />Item 6,{l" PUD-85-01-4A4 <br /> <br />Page .J c~J 5 <br /> <br />October 26, 2005 <br />