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406 Mr. Mercer asked Mr. Schneider if a person on the second floor dec~ on the right hand side of the house on Lot 20 would be looking into his yard. Mr. Schneider replied that he did not know but that his main issue is whether or not the house had to be 20 feet back from the rear line instead of 10 feet or 13 feet, 5 inches. Mr. Mercer asked staff if the setback would be 20 feet without the deck. Mr. Swift replied that it would be 10 feet from the corner of the deck, and 13 feet, 5 inches without the deck. Mr. Tarver inquired if the PUD process for this project included the tentative map approval and if this was what was voted on by the Planning Commission and City Council prior to this time. Mr. Swift replied that the PUD process included a condition that the house siting plans and the building elevations would be reviewed not by the City Council but by the Planning Commission,since this would be a custom lot type of subdivision. The property then changed hands, and Mr. Ken Gooch brought in plans that included house plans sited on all the lots, including Lot 20, which siting plans were reviewed and approved by the Planning Commission. The house siting plan on Lot 20 recognized the fact that the 20-foot open rear area required by the PUD condition was met by the layout of the house, which had a 10-foot setback from the same corner referred to by Mr. Schneider. The builder then sold the lot for custom building, and the current owner brought in a site plan that is smaller in footprint than the plan approved by the Planning Commission. It was staff's interpretation that the plan was in conformance with that approved by the Planning Commission. Mr. Mercer inquired if the house was started without a permit. Mr. Swift replied that the house was originally issued a permit, upon which a stop-work order was placed because the house was too large. The house was then redesigned to meet the floor area requirements. Fifteen days after the Planning Commission denied Mr. Schneider's appeal, Ms. Shrimali checked with the Planning Department if any further appeals were filed, and when she was informed that there were none, she started work on ~he house. 2.'Ir. Schneider filed an appeal later that same day. %4s. ~{ohr commented that the Staff Report stated that a building permit was reissued on May 31st.