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223 <br /> <br /> Mayor Mercer stated his initial reaction was not to support <br />the skateboard ramp but after hearing the testimony he will <br />support it; this is a recreational activity the same as a swimming <br />pool in a property owner's back yard. He felt this is an issue of <br />fairness; the kids have folioowed the rules to the letter and <br />state they are willing to abide by the conditions. <br /> <br /> It was moved by Councilmember Butler, and seconded by <br />Councilmember Mohr, that Resolution No. 88-478, denying AP-88-22, <br />appeal by the City Council of a decision of the Planning <br />Commission, and approving UP-88-40, the application of Richard <br />Woodring for a conditional use permit to construct a skateboard <br />ramp in the rear yard of an existing residence located at 1799 <br />Peru Court, subject to conditions set forth in Attachment A of <br />Staff Report 88:467, be adopted, based on the following findings: <br />That the proposed location of the conditional use is in accordance <br />with the objectives of the zoning ordinance and the purposes of <br />the district in which the site is located; that the proposed <br />location of the conditional use and the conditions under which it <br />would be operated or maintained will not be detrimental to the <br />public health, safety, or welfare, or materially inferior to the <br />properties or improvements in the vicinity; and that the proposed <br />conditional use will comply with each of the applicable provisions <br />of the Municipal Code regarding conditional uses. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler, Mohr, Wilson, and Mayor Mercer <br />NOES: Councilmember Brandes <br />ABSENT: None <br /> <br />item 9a <br />PUD-83-12-5M, Application of bas Homes for a major modification to <br />an approved development plan for an existing residential pro~ect <br />to allow six foot fences to be constructed within seven feet of <br />the property line on the street side of corner lots located on <br />Lots 7, 11, 14, 15, and 19 of Tract 5445 on Martin Avenue. Zoning <br />for the property is PUD fPlanned Unit Development)-Low Density <br />Residential District <br /> Mr. Swift presented his report (SR 88:478) dated October 4, <br />1988, regarding this matter. <br /> <br /> Mayor Mercer declared the public hearing open on this item. <br /> <br /> Mr. Rich Alexander, representing bas Homes, stated this <br />matter has been before Council recently and everyone knows the <br />issues. <br /> <br /> Councilmember Brandes stated the key element to the look of <br />the fencing is the landscaping. He felt that requiring them to <br />enter into a landscape agreement is more binding. Mr. Swift <br />advised that the agreement will be recorded against the property. <br /> <br /> - 8 - <br /> <br /> 10-4-88 <br /> <br /> <br />