14 ATTACHMENT 04 - Laserfiche WebLink

ANALYSIS Meeting with HOA Architectural Control Committee During the month of August, staff had further assessed the possibility of combining the applicant's request to reduce the setbacks for an accessory structure (pool) with a "global" development modification to legalize the structures that were put in without City approval and to resolve the approval by the City of the water feature located at 8024 Oak Creek Drive (PUD-99-01-07M). On September 18, 2007, staff met with the applicant and conference called Nicole Norris, two of the three Architectural Control Committee (ACC) members to discuss a "global" setback for the development using the applicant's request. Staff notes that the third member on the ACC, Reza Jannatpour, was unavailable to attend or conference call for this meeting; however both of the ACC members said that they would discuss the outcome of the meeting with him. The meeting was a general discussion related to other accessory structures and existing construction work (i.e. pools, trellises, arbors, retaining walls, sheds, etc.) that has placed these structures outside of the established setbacks. Staff suggested that the ACC, with concurrent approval of the HOA, consider modifying the PUD setbacks for all the lots in since there appeared to be an interest in locating structures closer to the lot boundaries than what was originally envisioned. Mr. Spencer was agreeable to this, so long as it did not hold up the process of his individual application. The ACC members said that they would discuss this question and confirm to staff what other structures may not be conforming to the current development standards. Please see staff's a-mail dated Monday, September 24, 2007 and the applicant's response to that a-mail dated Tuesday, September in Exhibit D-lregard accessory structures in the Lemoine Ranch Development. City's Request for Lemoine Ranch Setback Modification After discussing the "global" setbacks with the two ACC members, staff began to assess the PUD development plan to specifically address each lot with appropriate setbacks since the lots were initially approved with smaller homes and larger lots; however, the homes were later made larger during the tentative map approval stage, thus, making the houses larger and in turn making the lot sizes smaller. Please see Exhibit I for the PUD development plan and for the individual lots on the approved tract map. Staff met with the applicant on November 16, 2007 and provided him with a map of what the City would likely support for setbacks on each of the lots in the Lemoine Development. The applicant stated that he would take this back to the ACC and discuss it at their next HOA meeting to see if this was something that the other homeowners were interested in pursing. Staff was contacted by the concerned neighbor, Terry Besso, on January 7, 2008 requesting some clarification to the applicant's application; please see the a-mail from Mr. Besso dated Monday, January 7, 2007 in Exhibit D-2. The e-mail also addressed Mr. Besso's willingness to PUD-99-01-OS, Steven Spencer Planning Commission 6of11