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7, PUBLIC HEARINGS Item 7a PUD-85-15-4M, Ronald C. Veila Application for a modification to the aperoved PUD development plan for the aperoved PUD development plltn for the Golden Eagle Farms subdivision to reduce the required interior Side Setback for 10t 57 located at 8519 Lupine Court. Zoning for the property is PUD (Planned Unit DevelOpment) - LOw Density Residential District. (SR94: 135) Mr. Swift presented the staff report. Mr. Tarvet declared the public hearing open on the application. Ron Vella explained the mistake that had been made in building his home too close to the lot line. He explained that he has been negotiating with Mr. Henstorf to purchase pan of his property. He listed the changes that he has made to accommodate the problem. He read from the correspondence between him and Mr. Henstorf in the attempt to resolve this issue. They have been unable to reach agreement which is why Mr. Vella applied for the PUD modification. He asked for Council's support and understanding. Jan Henstoff, 413 Los Rios Court, spoke in opposition to this application. He thought that he and Mr. Vella had reached an agreement and that Mr. Vella was to contact his lending institution to make the necessary arrangements. Mr. Vella has not honored that agreement He asked that the following points be considered: 1) the Vella foundation violates the required setback by 5'1"; 2) the Vella's plan shows a side yard setback that varies from 22'3" to 24'1" and the city's regulated setback is 23'; 3) the landscape plan; 4) the 7' shift in position of the foundation from its approved location resulting in a 5'1" encroachment; 5) the boundaries of the foundation were not mismarked; 6) Mr. Vella did not notify the City of his misinterpretation of the lot line; 7) the expense he has incurred as a result of the delays in his ability to build or sell on his property; and 8) if approved, the design criterion will not be consistent with the area. Mr. Henstorf believed that he has done everything possible to resolve this issue and asked that Council deny this application. Mick Lamb, 147 Old Bemal Avenue, surveyor (hired by Mr. Vella) and Katherine Pittenger, 1912 Toyon Court, spoke in support of this application. Kathleen Vella, 8519 Lupine Court, stated that an agreement was not reached prior to this meeting because Mr. Henstoff wants the ti~e company or the loan company to handle the matter as an insurance claim. She referred to the various correspondence between the two parties regarding the proposed agreement. She felt that this could have resolved at the beginning if she were allowed to narrow her driveway and plant the appropriate landscaping. She and her husband had no intention in buying a portion of Mr. HenstorlPs property. She thanked staff for its time and apologized that this situation had escalated to this point. 05/03/94 12