14 ATTACHMENT 05 - Laserfiche WebLink

DRAFT initial application. He stated that the Spencers respectfully request that the Commission approve the modification request. Mr. Spencer stated that his trade is construction and development and that he thoroughly interviewed his pool contractors, particularly on how to protect the common fence between him and his neighbor. He explained that the dry stakes are first put in the ground followed by the batter-boards. He added that the dirt would not slump up against the fence and damage it. Mr. Spencer stated that he has not reached the permit stage yet and that there are engineering questions that will be addressed once he gets to the permit stage, including the Bessos' concerns about the stability of the fence. He stated that he has always been willing to go to mediation but there were always reasons why they couldn't mediate. He noted that this has been going on for a year and they have not had the chance to enjoy their home. He stated that with respect to the location of their spa, they will not harm the Bessos in any way. He added he did not choose an automatic system where the pool would be automatically refilled if the water goes below a certain level because if there were a leak, the pump would be running and filling the pool all the time and they would not know it. Commissioner O'Connor noted that when he spoke to Mrs. Spencer about the wall on the back of the pool, she mentioned that it would be 24 inches and that the dirt behind that wall was not going to come up the wall. Mr. Spencer agreed that it was going to be only two feet for the raised planter in order to get some plants at the back. Commissioner O'Connor requested confirmation that from looking at the drawings, it appears that there would be a two-foot high wall on the back of the pool indicating that no one would be able to go to the back side of the pool, that the dirt behind the two-foot high wall would be two feet down, and that the Spencers were going to plant downward. Mr. Spencer replied that he would not plant all the way up but that they have to be raised and given some dirt. He added that he would capture the runoff of the water and put in the irrigation systems he would need, which would drain the area properly and would not get into the Bessos' yard. Commissioner O'Connor expressed concern that if dirt were put up to the two-foot high wall and it tapers to the back, the drainage would go to the back rather than to the side and the front. Mr. Spencer replied that that is the reason the batter-board would be in front and the dirt would slope back against the wall. Commissioner O'Connor asked Mr. Spencer if he was planning on building the batter-board up against the back of the fence and backfill it with dirt. Mr. Spencer replied that the batter-board would be built up against the common wall and then the dirt would be placed a little bit to the back toward his property, where the drainage would be picked up so that it does not drain back into the Bessos' yard. He reiterated that the plan is just for the Planning Commission and does not include the engineering plans. Commissioner O'Connor indicated that he understood Mr. Spencer's explanation but that he would be concerned if the masonry wall were put in front with only wood at back to control the water. He indicated that he would not be able to support that. Mr. Spencer stated that the batter-board would hold the dirt in and would not go up to 12 inches and create a slope of dirt that would go back toward that wall where the drain would be. He added that if he put it flat, water runoff maybe directed onto the Bessos' property. DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 4-9-2008 Page 5 of 8