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recommendation and conditions of approval. Please see Attachment 6 for the signed agreement forms. Staff believes that all outstanding issues have been addressed. PLANNING COMMISSION ACTION By a vote of 5 to 0, the Planning Commission recommended approval of the project, subject to the conditions shown in Attachment 1. RECOMMENDATION Introduce the attached draft ordinance approving PUD-99-01-05M, subject to the conditions of approval recommended by the Planning Commission and staff as shown in Attachment 1. FINANCIAL STATEMENT The project consists of private development associated with the construction of a private swimming pool; therefore, no fiscal impact on the City is anticipated. BACKGROUND On June 18, 2007, the applicant, Steve Spencer, submitted an application for a minor modification to the approved Lemoine Ranch Planned Unit Development (Ord. 1790) to reduce the rear and side yard setbacks of his property from the required 20-foot rear yard setback to 5 feet and to reduce the side yard setback from the require 10 feet to 5 feet for a swimming pool with spa and waterfall feature located in the rear right side of his property. Pursuant to the minor modification process, staff notified the surrounding property owners regarding the proposed project on July 17, 2007. In response to the noticing, staff was contacted by the rear neighbor, Mr. Besso, who had expressed concerns regarding the application as proposed. Staff worked with the Spencers and Mr. Besso to ascertain if a compromise could be reached between the two neighbors. During this time, staff was also working with the Lemoine Ranch Architectural Control Committee (ACC) to determine if the ACC would be interested in combining the applicant's request to reduce the setbacks for an accessory structure (pool) with a "global" development modification. Staff was pursuing this request with the ACC as there have been other structures installed on other properties in the development that do not adhere to the current development setback requirements. However, after meeting for several months, no consensus was reached, and Mr. Spencer decided that he would like to move forward with his individual modification for reducing the setbacks on his lot only. SITE DESCRIPTION Lemoine Ranch is located on the west side of Foothill Road, northwest of Foothill High School, with 12 homes on the approximately 7-acre subdivision. The houses in the development range in lot size from 12,700 square feet to just over an acre and are terraced downward towards Foothill Road. The majority of the development has installed open fencing on all of the lots, except for the shared rear yard fences of the homes on Oak Creek Drive and River Rock Hill Road. Page 2 of 7