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Item 14c Sewer Rate Adiustmen~ (SR93:462) This item was continued. Item 6b Determination by City Council of staff and Hannln_p Cornminion decision $h .a.t second pnlt~ are subject to the location reouirements of PUD-auuroved bllildino envelopes and, therefore, may not be constructed outside the buHdln_~ envelope established by the PUD zoning (SR93:457) Brian Swift presented the staff report. Samuel Raber, 20 Deer Oaks Court, indicated his lot is different than the other lots in the Deer Oaks PUD because it has a 350 foot frontage and enough fiat area to build a second unit outside the building envelope area. He believed staff was relying solely on the PUD ordinance (1050). Mx'. Raber believed reliance on the building envelope condition was arbitrary, unreasonable and without justification in his circumstances. He also pointed other exceptions to the PUD in the development. Mr. Pico asked for an explanation about the buildable areas on the various lots. Mr. Swift indicated there was more fiat area on Mr. Raber's lot, but the portion outside the building envelope has not been tested for geologic stability and impact of any proposed grading. He further stated that a major modification application is required for Mr. Raber's proposal because there is opposition to his application from some of the neighbors. Mr. Jim O'Oara indicated that the Homeowners Association is opposed to this matter. He referred to the Covenants, Conditions and Restrictions for the development. It was moved by Ms. Dennis, and seconded by Mr. Tarver, that Resolution No. 93-150, be adopted, confirming that secondary units are to be constructed within the "Building Envelope" established by the PUD zoning for the Deer Oaks subdivision. The roll call vote was as follows: AYES: Councilmembers Dennis, Mob_r, Pico, Seribner and Mayor Tarver NOES: None ABSENT: None ABSTAIN: None 12/14/93 - 9 -