PC 09/12/84 - Laserfiche WebLink

perhaps they didn't get good advice form their attorney and title company. Dave Powers, 629 Abbie St., Lot 67, has put in a swimming pool in the brown area of the illustration. They do not want private open space. The 16 people involved in the issue do not want private open space. He urged the Commission to allow the modification. Commissioner Lindsey asked Mr. Powers if when he purchased his lot he was aware of the open space. Mr. Powers said there was a split rail fence around the area. Commissioner Innes asked when Mr. Powers closed escrow. Mr. Powers indicated that he closed in April 1983 and the fence was on the green area when he closed. Commissioner Innes asked when Mr. Powers became aware there might be something wrong with the boundaries of the open space as shown on the map. Mr. Powers said he wife noticed the maps were different but he was in the process of being transferred and had no where else to go. Cork Harbour told them it was just a formality. Commissioner Wilson asked if during the winter Mr. Powers noticed any amount of water running in the creek. Mr. Powers said the drain can't handle it, and if you look at the property lines the drains run on them. Commissioner Wilson asked how deep the water was. Mr. Powers said it did get to 1 1/2 feet at one point when it rained hard. Commissioner Innes asked about the flooding problem in the open space areas. Mr. Powers said it is only a problem if there is a real heavy rain. There is no drain at the end of his street. It drains in his front yard. The City plans call for a drain and yet the area was approved as finaled without a drain. He didn't know what happened to that. The entire street is draining into his front yard. There is no catch basin serving the street. Commissioner Wilson asked Mr. Powers if he has ever gone to to the City and asked about it. Mr. Powers says he has. Three people have been out to his house looking at it. Chairman Doherty asked Mr. Powers what the Cork Harbour comments were to him at the time he closed escrow regarding the two different maps. Mr. Powers indicated that Mr. Evdokimoff stated that it is being taken care of. Ann Collins,649 Abbie St., Lot 72, asked that the modification be allowed as requested because to do otherwise does not allow a workable arrangement for the property owners. Gregg Gieger, 670 Windmill Lane, Lot 53, had a problem with maintenance of the open area. Thus far it is full of weeds, rocks, etc. He has planted 18 trees in the area and it hasn't done anything to enhance the area. His driveway is between lots 54 and 55 and is private. Four homes are in the cul de sac. Commissioner Wilson asked Mr. Gieger how far back in the green area he has to be before he is effected by the water in the winter. Mr. Gieger says he is setback 20'. Commissioner Innes asked Mr. Gieger if he was aware of the easement when he purchased the house. Mr. Gieger said he was but didn't know totally what it meant. Commissioner Innes asked if Mr. Gieger was willing pay his fair share to maintain the PSE so that water would properly drain. Mr. Gieger indicated that the water does - 8 -