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116 <br /> <br /> The applicant concurs with the conditions except for three <br /> issues. He stated that the first issue concerns the definition of <br /> building height. Mr. Shutts asked that the definition as worded be <br /> substituted for what is in Condition No. 4. It is intended that <br /> the deck, stairs, or other appendages not be part of the habitable <br /> structure and not be part of the building height calculation. <br /> <br /> The second issue deals with the easement on the Starnes <br /> property. <br /> <br /> The third issue is Condition No. 37, which deals with the <br /> payment of costs to improve Foothill Road. The West Foothill Road <br /> Overlay District requires that a frontage road be provided to <br /> remove driveways along Foothill Road. The burden of paying for <br /> Foothill Road improvements and providing a private driveway is too <br /> much for this property to bear. Mr. Shutts pointed out the <br /> location of the driveways and potential frontage road on the <br /> overhead map. He indicated the City needs to decide which is more <br /> beneficial because it is an either/or situation for this property. <br /> <br /> No one spoke in opposition to the application. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br /> public hearing closed. <br /> <br /> It was moved by Mr. Butler, and seconded by Mr. Tarver, that <br /> Resolution No. 91-192 be adopted, based on a review of an initial <br /> environmental impact study done for this project and on a finding <br /> that no significant environmental impact would occur as outlined in <br /> the City's Guidelines and on further finding that a negative <br /> declaration is appropriate in connection with PUD-91-22, the <br /> rezoning and development plan approval for a three lot custom home <br /> subdivision on the west side of Foothill Road located at 5130 <br /> Foothill Road. The subject property is located within the West <br /> Foothill Road Corridor Overlay District. Zoning for the property is <br /> "A" (Agricultural) District. <br /> <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Butler, Mohr, Scribner, Tarver, Mayor <br /> Mercer <br /> NOES: None <br /> ABSENT: None <br /> ABSTAIN: None <br /> <br /> Mr. Butler inquired if the building height should include <br /> decks, stairs, etc. <br /> <br /> Mr. Swift replied that staff's position is that those kinds of <br /> things, if done the way Mr. Shutts presented them probably wouldn't <br /> be classified as decks. Mr. Butler then asked if there was any <br /> discretion in the condition as written. Mr. Swift indicated there <br /> <br /> 11/19/91 <br /> 8 <br /> <br /> <br />