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221 Councilmember Wilson asked if any fences have been built seven feet from the property Line. Mr. Swift advised there was one on Nicole. Councilmember Wilson asked if they have signed an agreement. Mr. Swift stated they have not. Councilmember Wilson stated the PUD sets forth the standards; it seems the developer builds what he wants then asks for a variance. The following persons spoke in favor of the fences: Mr. Ken Brokow, 1717 Martin Avenue, which is Lot 7, stated the original PUD was for ten foot setback, then five lots were changed to twenty five feet setbacks. He advised that Lot 7 sits more square and has a side yard. The fence is ten feet from the edge and gutter. He felt a twenty five foot setback would not enhance the look of the fence, in fact would be a detriment. He stated the original complaint from Mr. Singleton was that he wanted Martin Avenue to have a country feel and the fence detracted from that atmosphere. Mr. Brokow presented a petition signed by eighteen residents, which read as follows: "We, the undersigned, feel that bas Homes, Inc., has created a desirable environment with a semi-rural atmosphere in our community. bas Homes, Inc., have plotted and built the homes on their respective lots to provide more open space, facing Martin and Cameron Avenues, than the original City conditions (PUD 83-10- 5M/PUD 83-12-4M) required. "We, further feel that the side yard setbacks on streets other than Martin or Mohr, being increased from 10' to 25', provide no benefit to the area or to the City; and the result is an inequitable restriction of use of the properties to the owners of said mentioned properties. "We hereby request that the setback be returned to the original City requirement as shown on the attached plot maps." Mr. Brokow stated he would be willing to sign and submit plans for landscaping; change the corner to an angle to soften the setback, and stagger panels by three feet in the fence to change the appearance of a continual long fence. Mr. Gerry Lohr, 1717 Courtney Avenue, stated he did not see what would be accomplished by setting the fences back twenty five feet. He stated his fence is 148 feet long and he felt it would look worse if moved. He felt adequate landscaping would provide the rural atmosphere desired by the neighbors. Mr. Frank Brown, 1755 Equestrian, stated he felt this issue is out of perspective; with trees and shrubs the fences will not - 9 - 10-4-88