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493 <br /> <br />that Lots 1 through 4 and 6 through 13 be single-story <br />residences. <br /> <br /> Mr. Geier stated a second rule that applies to this project <br />is that there is a State statute that is part of the Subdivision <br />Map Act which states that when a project is approved and a final <br />Subdivision Map is approved and recorded for a project, as <br />happened here, a city cannot go back and change the rules or <br />impose conditions that it could have imposed at the time the <br />project was approved. The City had an opportunity at some time to <br />change its zoning ordinance to reduce the height limit city-wide, <br />it had the opportunity at some point in time to change the <br />building height in this subdivision as part of the approval <br />process, but it has never done so. He felt that this project is <br />clearly governed by the existing rules, and the existing rules are <br />a zoning limitation of 30 feet. It is important to bear in mind <br />when a developer receives project approval and a project has moved <br />down the process as far as this project has gone that a lot of <br />money has been spent and work done, building permits have been <br />issued or applied for, engineering and grading work has been done; <br />all of this has been done on reliance upon City approvals and City <br />rules, which are now being proposed to be changed. He reminded <br />Council and staff that this is an approved project and the rules <br />have been laid down for the project. He stated it should be <br />clearly understood that this situation in this stage of the game <br />is as far down the line as he has ever seen any project under <br />attack in an effort being made to change the standards, and this <br />developer will have no hesitation in pursuing all of his legal <br />rights, which would include litigation if necessary. <br /> <br /> Mr. Chris Beratlis, Project Manager, stated that all the <br />negotiations he does not recall that he agreed to build a 14-17 <br />foot high house; there was always discussions about one-story <br />homes. In 1988 tall one-story homes were being built, as <br />evidenced in Foxborough Estates and Grey Eagle Estates. He stated <br />the windows are at the same elevation in a 28 foot high home as in <br />a 17 foot home. The main concern of the neighbors was visibility <br />into their back yards from a two-story home. To appease the <br />neighbors he agreed to lower the lots by ten feet in grading, <br />provide additional landscaping, and agreed to 40 foot rear yard <br />setbacks. After he did his grading plan he met with the <br />homeowners, City staff, Councilmembers, and the project engineer, <br />and it was concluded that the grading was correct. Some of the <br />neighbors were still not happy so he agreed to replace the old <br />six foot fence with a new eight foot fence. <br /> <br /> Mr. Beratlis stated the main concern, after reading the <br />minutes of the meeting of January 3rd, seems to be whether or not <br />the conditions of approval have been complied with. He advised <br />that in every case the conditions of approval have been complied <br />with. He pointed out on the display map that the houses are not <br />in true form in location or pitch, and were not meant to be; it is <br />an elevation map only. He stated that height of houses was never <br />mentioned, only one-story versus two-story. <br /> <br /> - 21 - 1-17-89 <br /> <br /> <br />