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Mac McCoy, 3701 Maybelle, Oakland, the architect for the project, <br />said that the view easement is covered in the CC&Rs along with <br />such things as trees, television antennas, etc. Mr. Harris said <br />that there are no lots immediately adjacent to the houses on <br />Angela/Mirador where the level of the house will be greater than <br />yard level of the existing houses on Angela/Mirador. Commissioner <br />Jamieson had some concerns about the effectiveness of the CC&Rs <br />after time passes. Mr. McCoy said that they are legally binding. <br />Mr. Harris read the visual easement agreement to the Commission. <br />Commissioner Jamieson asked if the City would step in at any time <br />there was a problem. Mr. Harris said this would be between the <br />property owners and developer and would be a civil action. <br />Commissioner Lindsey asked at what point in time the documents <br />would be executed. Mr. Harris said as soon as the lotting is known <br />it could be executed but he would suggest that a condition not <br />be placed on the final map. <br />Discussion then ensued between Commissioner Doherty and Mr. Harris <br />regarding a time limit to sign the easements by the property owners. <br />Mr. Doherty suggested 60 days and Mr. Harris said that 60 days <br />would be more than generous and suggested 30 days and that the <br />property owners could be sent a certified letter. Mr. Harris said <br />this would include everyone on Angela and Mirador whose property <br />is contiguous to the development. <br />Commissioner Jamieson then asked Mr. McCoy about solar aspects of <br />the property. Mr. McCoy said that they more than meet P.G.&E. <br />standards but have not provided solar application. <br />Commissioners Jamieson and Getty stated they feel a solar ordinance <br />should be initiated. <br />Charlotte Severin, 4513 Mirador, spoke in favor of this application. <br />She said she has talked to the City Attorney who said the City could <br />send at least the first notice to any violators of the easement <br />prior to the neighbors taking civil action. Mr. Harris said he <br />was not part of that conversation, but if the City Attorney wants <br />to do that it is fine with him. Ms. Severin reiterated a problem <br />that Mr. Gene Pons had on his property on Angela involving trees <br />blocking his view. Arnold Abbrott, 4537 Mirador, southwest corner <br />of Abbie and Mirador spoke. He said lot 78 is 458.5' or 9.7' <br />higher than his rear yard and asked consideration of this problem. <br />Mr. Abbrott said the architect for the development said they <br />would consider his request. <br />Mr. Filbert, 557 E. Angela, spoke concerning a two-story building <br />on lot number 22. The architect, Mr. Harris and Commissioners <br />looked at the proposal and it was determined that lot number 22 <br />would not obstruct Mr. Filbert's view. Mr. Filbert was satisfied. <br />-3- <br /> <br />