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4_ REVISIONS AND OMISSIONS TO THE AGENDA <br />"there ware none_ <br />S_ MATTERS CONTINUED FOR DECISION <br />There were none. <br />6_ PUBLIC HEARINGS AND OTHER MATTERS <br />a_ PUD-85-O1-4M Heinrich Fischer <br />Application For a major modification to an approved. PUD development plan to <br />allow a retractable canvas awning to the rear fagade of an existing residence <br />located at 1576 Poppybank Court in the Charter Oaks development. Zoning for <br />the property is YUD-MDR (Planned Unit Development -Medium Density <br />Residential) District. <br />Ms. Decker summarized the staff report and described the scope and layout of this <br />application. Staff ordinarily would have processed this application as a minor <br />modification; however, opposition was expressed by neighbors and the Rosc Park <br />Homeowners Association WHOA). The HOA denied two rey uests based on its <br />determination that the cover was installed without the appropriate approvals; the patio <br />cover was an. awning and not allowed per the PL7D guidelines or CCBc.Rs; the cover does <br />not add to the aesthetic value of the community; and the cover was mounted crossing the <br />property line, a condition which has since bean remedied. <br />Staff typically supports the position of HOAs regarding design issues in their particular <br />developments and respects the Rose Park Homeowners Association's position that the <br />awning does not meet its aesthetic standards. Staff found the CCBcRs silent on what <br />constitutes a patio cover. Staff believed that the low height, setbacks, and retractable <br />nature of the cover would mitigate any potential impacts. The Plaiming Department <br />generally considers requests such as the applicant's in a broader context and tries to <br />accommodate these proposals that appear reasonable and that seem to avoid impacts to <br />the neighborhood. Staff recommends that the Planning Commission recommend <br />approval of this item acid Forward it to the City Council, subject to the conditions listed in <br />Exhibit B, with an additional condition, which the applicant has not bean made aware of <br />at the time of the hearing, that the awning be maintained in good repair at all times and. be <br />replaced if torn, faded, or otherwise shows wear. Staff noticed property owners and <br />residents within a 7.,000-foot radius of this site- Comments have been received From both <br />the Rose Park HOA and other concerned neighbors expressing opposition to the proposed <br />project. <br />Iii response to Commission my uirics, Ms. [7ec ker described the physical characteristics <br />of the awning. <br />Y L,ANNING COMMISS70N MINU`FES October 26, 2005 Page 3 of 14 <br />