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14 THE CITY OF pL£~S~4NTONa CITY COUNCIL AGENDA REPORT 1 May 20, 2008 Planning and Community Development TITLE: PUD-99-01-05M, STEVEN AND LAURA SPENCER -CONSIDER AN APPLICATION FOR A MAJOR MODIFICATION TO AN APPROVED PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT PLAN TO REDUCE THE REAR AND SIDE YARD SETBACKS FOR A SWIMMING POOL AT THE PROPERTY LOCATED AT 8031 OAK CREEK DRIVE. PROPERTY OWNER: Steven and Laura Spencer GENERAL PLAN: Low Density Residential ZONING: PUD-RDR/LDR (Planned Unit Development -Rural Density Residential/Low Density Residential) District SUMMARY The Spencers are proposing to construct a swimming pool located in the rear of their property in the Lemoine Ranch development. Currently the PUD requires swimming pools on Lots 3-9, 11, and 12 be located 10 feet from the side yard and 20 feet from the rear yard. The subject property is Lot 8 of the Lemoine Ranch development plan, and, therefore, any new structures are required to adhere to those development standards. The applicants applied for a minor modification to the development's conditions of approval to reduce the setbacks from the required 10 feet to 5 feet for the side yard and the required 20 feet to 5 feet for the rear yard; specific to Lot 8 only. Typically, such a request to modify the PUD would be processed as a minor modification to a PUD. A minor modification is a staff-level approval which appears under "Actions of the Zoning Administrator" to the Planning Commission and to the City Council. However, during the noticing for the minor modification request, Terry Besso, the rear neighbor of the subject property, contacted staff to express his concerns regarding the setbacks of the pool. The Spencers and Bessos could not come to a compromise regarding the application, and, therefore, the application is being processed as a major modification to the PUD. At the April 9, 2008 Planning Commission hearing, the Commission did not support the applicant's request to reduce the rear yard setback from the required 20 feet to 5 feet and made the recommendation that the rear yard setback be reduced to 10 feet. Mr. Spencer initially disagreed with the Commission's recommendation; however, he has since agreed to the 10-foot rear yard setback recommendation so long as the Bessos do not object to the Spencers moving forward with their application. Both parties have signed an agreement stating that they support the Planning Commission's