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CONCLUSION <br />The Spencers and Bessos have reached an agreement that addresses the Bessos' <br />concerns and allows the Spencers to construct a pool. The Spencers have been <br />anxious to move forward with their pool and are looking for a favorable action by the <br />City Council as the concerns that were raised in the last 11 months have been resolved. <br />Staff believes that, as conditioned, the location of the pool is appropriate and the <br />drainage-related safety concerns raised by the Bessos will be addressed through City <br />inspections during the construction of the pool. Therefore, staff recommends that the <br />City Council approve the modification request subject to the conditions of approval. <br />Submitted by: <br />~~~ <br />Brian Dolan <br />Director of Planning <br />and Community Development <br />Approved <br />Nelson Fialhc <br />City Manager <br />Attachments: <br />1. Draft Ordinance, with Exhibit B, Draft Conditions of Approval, approving PUD <br />Major Modification PUD-99-01-05M <br />2. Exhibit A: Site Plan <br />3. Location Map <br />4. Planning Commission staff report, dated April 9, 2008, with attachments <br />5. Draft Excerpts of the Planning Commission Meeting Minutes, dated April 9, 2008 <br />6. Spencer and Besso Agreement Forms <br />Page 7 of 7 <br />