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<br />DRAFT <br /> <br />PUD-77-08-1M/P ADR-1490. Laurence Callait <br />Application for: (1) a major modification to an approved PUD development plan to reduce <br />the side yard setback from the approved eight feet to five feet and; (2) administrative <br />design review approval for the construction of single-story additional totaling 637 square <br />feet to the existing two-story residence located at 5745 Northway Road. Zoning for the <br />property is PUD-HDR (Planned Unit Development - High Density Residential) District. <br /> <br />Ms. Decker summarized the staff report and described the proposed project. She recommended <br />approval of this item. <br /> <br />In response to an inquiry by Commissioner Blank regarding the effects on the CC&R's of a <br />homeowners association becoming inactive, Ms. Harryman replied that she would need to read <br />the actual CC&R' s of that association as these vary from association to association. <br /> <br />In response to an inquiry by Chairperson Arkin regarding whether the homeowners who objected <br />to this project actually lived in Walnut Creek, Ms. Decker confirmed that was correct. <br /> <br />Commissioner Pearce believed the objection was not with regard to this particular property but to <br />the overall changes in the neighborhood. Ms. Decker confirmed that was correct. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br />Laurence Callait, applicant, wished to respond to Commissioner Blank's question regarding the <br />homeowners association and noted that she had been told that there was no homeowners <br />association when they purchased the home. It was her understanding from a neighbor that the <br />City Codes and regulations took precedence when the CC&R's became inactive. She noted that <br />the existing yard line at the back would be a continuation of only two feet, ten inches and that the <br />garage would be moved towards the street by eight feet. <br /> <br />THE PUBLIC HEARING WAS CLOSED. <br /> <br />Commissioner Fox moved to recommend approval to the City Council of <br />Case PUD-77-08-1M and to approve Case PADR-1490, contingent on the City Council's <br />approval of Case PUD-77-08-1M, both subject to the conditions listed in Exhibit B of the <br />staff report, as recommended by staff. <br />Commissioner Pearce seconded the motion. <br /> <br />ROLL CALL VOTE: <br /> <br />AYES: <br />NOES: <br />ABSTAIN: <br />RECUSED: <br />ABSENT: <br /> <br />Commissioners Arkin, Blank, Fox, Olson, and Pearce. <br />None. <br />None. <br />None. <br />None. <br /> <br />Resolution No. PC-2006-26 was entered and adopted as motioned. <br /> <br />DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, May 10, 2006 <br /> <br />Page 1 of 1 <br />