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107 <br /> <br />the homeowners will not give a letter of approval. He added that <br />Mr. Swift and the Planning staff assisted him in the design of <br />this house. <br /> <br /> Mayor Mercer asked why the Director of Planning was against <br />this appeal if he helped design it. Mr. Black stated that Mr. <br />Swift generally does not want to build on slopes. <br /> <br /> Mr. Don Babbitt, Babbitt Engineering, stated that Mr. Black <br />met with Jim Balch and Michael O'Callaghan to discuss the plan. <br />Mr. Babbitt presented renderings to the Council showing the <br />current plan, which includes the necessary turn around for the <br />Fire Department. <br /> <br /> Mr. Jim Balch, 14 Grey Eagle Court and member of the Grey <br />Eagle Homeowners Association, stated that because of a pending <br />lawsuit between Mr. Black and various homeowners he is not <br />permitted to speak about the recent meeting between the Blacks, <br />their attorney, and the homeowners. He stated Planning Commission <br />turned down the plan. The plan is not agreeable to him. The <br />house is much larger than the original plan. He advised that the <br />existing approved plan can be built on that hillside without any <br />problems. He stated he was one of the first property owners to <br />build in this area and he relied on the conditions of the PUD to <br />protect his investment. He stated there are differences of <br />opinion relative to the homeowners vote; the Black's attorney <br />wanted the abstention withdrawn and the absentee votes thrown <br />out. <br /> <br /> Mr. Bob Grove, 28 Grey Eagle Court, stated that some <br />homeowners bought their property with the guarantee that the views <br />would not be obstructed. He stated there has been no acceptable <br />compromise with the Blacks, which has a chilling effect on the <br />neighborhood. He stated the Planning Commission denied this <br />latest plan and he would like for Council to support that decision <br />by denying the Black's appeal. <br /> <br /> Mr. Michael O'Callaghan, 8 Grey Eagle Court, and president of <br />the Grey Eagle Homeowners Association, stated the CC&R's are clear <br />that it takes a 2/3 vote for the members to approve a modification <br />of this type; it does not discuss abstentions or non-vote. He <br />stated the homeowners have the governing PUD and homeowners CC&R's <br />and they are trying to self-govern themselves on these various <br />points. He stated there is no discrepancy that 19 votes are <br />needed to approve a matter but there is no agreement that the <br />homeowners would go along with a 2/3 quorum at the meeting vote. <br />With regard to the plan, Mr. O'Callaghan presented drawings and <br />reviewed house locations. He stated the Black's specific plan <br />does fit on the approved pad. He advised that the specific design <br />of the other homes are so that they look out onto that hillside <br />and is the focal point of their homes. He stated the cut of the <br />Black's proposal is enough to fill a million gallon water tank. <br />He feels the lawsuit by the Black's is intimidating. He felt the <br />Black's should continue to work with the homeowners to find an <br /> - 12 - <br /> <br /> 8-16-88 <br /> <br /> <br />