CCMIN010599 - Laserfiche WebLink

6. PUBLIC HEARINGS AND OTHER MATTERS .Item 6a AP-98-15, Nell and Pat Nelson Appeal of the Planning Commission's determination that the applied house color is not consistent with the design review approval for the house currently under construction located at 8088 Bethel Lane. Zoning for the property is R-I/40,000 single-family residential. (SR99:07) Brian Swift presented the staff report. He stated that the Nelson's house is in an area that has previously-built houses that were built prior to implementation of the West Foothill Road Corridor Overlay District, so a number of the houses that surround the Nelsons are lighter in color. However, the Council's direction to staff in the Moller Project immediately north of this area was to develop houses with even darker colors than was originally approved, so staff has recommended that the originally approved color be retained for the Nelson's house. Council has discretion to approve the color currently on the house, to direct staff to modify the color to some different color or direct the Nelson's to paint the house the color approved at the time the building permit was issued. It's a subjective issue for the City Council. There is no Code requirement that any particular color or shade other than direction from the West Foothill Road Corridor Overlay District and subsequent city policy to avoid bright colors and develop houses in a darker hue with respect to their outside wall treatment. Mayor Tarver declared the public hearing open. Neil Nelson, 8088 Bethel Lane, described the design of his home and the reasons for changing the stucco color of his house. He feels the color he has used for his home is very similar to the other homes in the area and blends with the natural environment. He believes he has met the spirit of the Overlay District. He requested that Council approve the color as applied to the house. Ms. Ayala asked if he was occupying the house presently and did he have approval by the City to occupy the house? Mr. Nelson said they have been occupying the house since December 10 when the house met the life safety code requirements. The City has been withholding occupancy because of the Planning Departments determination that the house is not the correct color. Mr. Pico believed the issue before Council tonight was the color of the stucco and not occupancy. Ms. Acosta said the only relation between the color and occupancy is in the determination Pleasanton City Council 7 01/05/99 Minutes