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The roll call vote was as follows: <br /> AYES: Councilmembers Brandes, Butler, Mohr, Tarver and Mayor <br /> Mercer <br /> NOES: None <br /> ABSENT: None <br /> ABSTAIN: None <br /> <br /> It was then moved by Mr. Brandes, and seconded by Mr. Butler, <br /> that Ordinance No. 1446 be introduced, to be read by title only <br /> and waiving further reading thereof, granting AP-89-21, the appeal <br /> of a decision of the Planning Commission and therefore approving <br /> Case RZ-89-16, the application of James and Susan McDowell to <br /> prezone an approximately 4.37 acre site located at 2503 Vineyard <br /> Avenue to the PUD (Planned Unit Development) - Low Density <br /> Residential District, subject to the conditions set forth above by <br /> Mr. Mercer. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Brandes, Butler, Mohr, Tarver and Mayor <br /> Mercer <br /> NOES: None <br /> ABSENT: None <br /> ABSTAIN: None <br /> <br /> Mr. Mercer stated that the annexation issue could not be <br /> considered at this meeting since it was not on the Agenda. He <br /> directed the staff to bring it back at the next Council meeting. <br /> <br /> Item 6e <br />AP-89-20, Appeal of Colleen Mckean of a Decision of the Board of <br />Adjustment which Denied Approval of the Application of Stephem <br />Saward for a Variance (Case V-89-27) from the Municipal Code to <br />Allow: 1) the Retention of an RYistinq Spa which Encroache~ <br />within the Required Rear Yard Setback, and 2) to Allow the <br />Retention of a Deck which Exceeds the Heiqht Requirements for th~ <br />Residence Located at 4341 Krause Street <br /> <br /> Mr Swift presented his report (SR 89:512) regarding the <br />matter. <br /> <br /> Mr. Mercer declared the public hearing open on the appeal. <br /> <br /> Ms. Colleen Mckean, 6725 Corte del Vista, a realtor with <br />Hometown Brokers, stated that the owner bought the house in 1986 <br />before the disclosure laws, so it was never pointed out to him <br />that the spa and deck that were in place were not permitted by the <br />Code. The seven-foot spa sits at an angle in the yard that is 2.5 <br />feet from the back fence. The neighbors on either side are 14 <br />feet and 19 feet from the spa. The property at the back, owned by <br />the Catholic Church, has a three-foot drop which the Church will <br />landscape. None of the neighbors objects to the spa. Staff <br />recommended that it be moved closer to the house. But that would <br />bring the seven-foot deck only 1.5 feet from the house and right <br />under the living room window. She requested Council to grant a <br />variance for the spa and deck. <br /> <br /> -15- <br /> 12-12-89 <br /> <br /> <br />