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Chairperson Fox moved to reopen the public hearing . <br />Commissioner Olson seconded the motion. <br /> <br />ROLL CALL VOTE: <br /> <br />AYES: Commissioners Blank, Fox, O’Connor, Olson, and Pearce. <br />NOES: None. <br />ABSTAIN: None. <br />RECUSED: None. <br />ABSENT: None. <br /> <br />The motion passed. <br /> <br /> <br />THE PUBLIC HEARING WAS RE-OPENED. <br /> <br /> <br />Mr. Jardin noted that the problem would be solved if the retaining wall on Mr. Nespor’s <br />side were taller so the wall could be pushed back farther. He noted that when he spoke to <br />the City inspector about the right of way, he was told it would not infringe at all into his <br />property. He would try to get a letter from the inspector to confirm his understanding of <br />that assurance. He noted that no one ever staked the area. <br /> <br />THE PUBLIC HEARING WAS CLOSED. <br /> <br />Mr. Iserson noted that staff had responded to Mr. Jardin’s attorney letter and provided <br />copies of the drawings and the grant deeds signed by Mr. Jardin. Staff had not heard <br />from Mr. Jardin’s attorney since then. <br /> <br />Commissioner Blank noted that there appeared to be a legally-binding agreement that had <br />been reviewed by the City and that he did not want to be involved with that aspect in the <br />event of future litigation. He did not believe that was within the purview of the Planning <br />Commission. He urged caution in this matter and noted that the Planning Commission <br />could not change the routing of that street as a condition of approval. <br /> <br />In response to an inquiry by Commissioner Blank about noises generated by legally-kept <br />wildlife, Ms. Harryman noted that a deed disclosure could be required. <br /> <br />In response to an inquiry by Commissioner Blank regarding the possible impact if <br />Condition No. 58 were changed to 6:00 p.m. to 8:00 a.m., Ms. Giffin replied that could <br />be expanded to specifically state “construction traffic.” <br /> <br />Commissioner O’Connor suggested that the language be changed to address the arrival of <br />garbage trucks within the specified hours. <br /> <br />Chairperson Fox noted that a stone chimney was specified for Lot 2, but the conditions <br />were silent for the other lots. She requested that the conditions be changed to call out <br />stone chimneys for those lots and include the color of the top of the chimneys. <br />PLANNING COMMISSION MINUTES January 10, 2007 Page 8 of 27 <br /> <br /> <br />