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354 <br /> <br /> construction plans submitted for issuance of building permits. <br /> Staff found that the building conforms to the building permit plans <br /> but that one portion of it is approximately three feet taller than <br /> represented on the PUD plans. As a result, staff has included this <br /> height increase as part of the PUD modification..." he indicated <br /> that the proposed project, as presented to the voters, did not <br /> include the height or location of the retail center. He said that <br /> the only thing that could be done would be to leave the front at 30 <br /> feet and level it down at a 40% angle to 21 feet all the way to the <br /> back so that the neighbors' yards are not impacted by the sun <br /> restriction or by the massive presence of the building. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br /> public hearing closed. <br /> <br /> Mr. Brandes inquired if the building was constructed according <br /> to the approved plans issued by the City. <br /> <br /> Mr. Swift said yes. <br /> <br /> Mr. Mercer asked Mr. Roush if the item would have to be <br /> continued to the next meeting should the Council decide to hold a <br /> closed session on the matter before taking any decision. <br /> <br /> Mr. Roush replied that Council could deal with the different <br /> PUD modifications separately and hold a closed session on those <br /> items it would like to consider more extensively. Council can then <br /> either continue the matter to the next meeting or reconvene after <br /> the closed session to take action on the specific PUD modification. <br /> <br /> Mr. Mercer inquired why staff allowed the construction to <br /> proceed even after two Councilmembers indicated that there appeared <br /> to be a problem with the height of the building. <br /> <br /> Mr. Swift replied that following the Councilmembers' comments, <br /> staff went to the site, measured the height of the building and <br /> found it to be in compliance with the building plans. Staff, <br /> however, did not compare this to the old PUD plan or to the <br /> initiative's plan. <br /> <br /> Mr. Mercer inquired if Measure "X" takes precedence over the <br /> building permit. <br /> <br /> Mr. Roush replied that Measure "X" was obviously the <br /> controlling factor but that the building permit had in fact been <br /> issued and the builder had relied on that. He added that he would <br /> like to discuss in closed session the legal issue of whether or not <br /> there are grounds for the City to amend or revoke the building <br /> <br /> 7-17-90 <br /> <br /> - 6 - <br /> <br /> <br />