CCMIN081887 - Laserfiche WebLink

There being no further testimony, Mayor Mercer declared the public hearing closed on this item. Mr. Swift stated that staff can work with whatever location the Council chooses; but staff does have concerns about how the dirt gets moved. He ad- vised this matter came to Council as a major modification because of the con- cern of the neighbors. Councilmember Brandes stated he walked the area and talked to the neigh- bors; he will support the appeal based on the fact that he did not think the proposed location is that much different from the original site and that it is a well designed plan. He felt the new site and plan will be an asset rather than a liability; and another home could be built there that would not be as desirable. Councilmember Butler stated there are a couple of things disturbing about this case: the lack of communication between the Black's and the other resi- dents; and the concern about the workability of the CC&R's - Council expects and relies on those provisions when PUD's are approved. He stated he has looked at the site from every angle and concludes that the movement of this pad really is not going to have significant impact on any house on Grey Eagle Court. Some houses on Grey Eagle Court are very close together and see each other; it is unrealistic to expect not to see a neighbor's house on a hillside. Councilmember Mohr stated that although there was not a great deal of change to the new location she would support the currently approved plan. She felt this matter should have been resolved through the CC&R's, not at City Council. Councilmember Wilson stated that property owners had spend hundreds of thousands of dollars to build their homes in this area to give them the best view; they depended on what City Council approved in their choice of location. He stated he would uphold the decision of Planning Commission and staff. Mayor Mercer stated he would vote to deny the appeal; an agreement was made between the homeowners and the builder the neighbors dealt in good faith with the developer and now as minor as it may seem the change will ex- pose more of the house to the view of some of the property owners. He added the Black's are not being denied the right to build their home. It was moved by Councilmember Brandes, and seconded by Councilmember But- ler, that Resolution No. 87-376, approving AP-87-14, appeal of a decision of the Planning Commission denying the application of Thomas Black for a major modification to an approved development plan for a residential subdivision to modify the permitted building envelope for an existing parcel, located at 4 Red Feather Court, subject to conditions contained in Staff Report 87:311, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes and Butler NOES: Councilmembers Mohr, Wilson, and Mayor Mercer ABSENT: None Due to the above vote, the appeal was denied. - 7 8-18-87