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% 405 It was moved by Mr. Brandes, and seconded by Ms. 14ohr, to ~dopt Option 1 for Section 2 of the resolution for the SPRC- sponsored Initiative, with the addition of the ~00 feet restriction. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr, and Mayor Mercer LIOES: Councilmember Tarver ABSENT: Councilmember Butler ABSTAIN: None 7. PUBLIC HEARINGS item 7a AP-9O-1O, (PUD-89-19), Harvey/Martin, Appeal of a Decision of the Planning CommiSsion Which Denied Approval of the Application of Douglas Harvey and Robert Martin for Planned Unit Development Rezoninq and Development Plan Approval to Construct a Five-Lot, Single-Family Residential Development to be Located on an Approximately 3.5 Acre Site Located at 2818 Foothill Road This item was continued to the August 21st City Council Meeting at the request of the applicants. Item 7b AP-90-12, Ron Schneider, Appeal of a Determination of the Planning Department that the Building Permit Issued to Sammy Shrimali to Construct a Single-Family Residence is in Compliance with the Approved Planned Unit Development Located at 2853 Victoria Ridge Court (Tract 5908, Lot 20) Mr. Swift presented his report (SR 90:313) regarding the matter. Mr. Mercer declared the public hearing open on the application. Mr. Ron Schneider, 650 Orofino Court, stated that the basis for his appeal is that the house on Lot 20 must conform with the PUD Conditions of Approval established in 1988. He added that only Lot 8 was exempted from the 20-foot rear yard setback and that allowing the house on Lot 20 to deviate from the PUD conditions would be doing away with all the processes that the Planning Department, the developer and the citizens went through to establish those conditions. He said that the Planning Department is overriding the Council-approved conditions, which were also established in the CC&Rs for the development. He pointed out that the foundation for the house on Lot 20 has already been laid 7ithout a building permit. 7 - 13 -