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In conclusion, staff feels that the applicant's two-story home with the existing trees existing and the <br />required additional tress will not present any negative impact to the neighbors below and, therefore, <br />recommends approval subject to the conditions identified in Exhibit "B". <br />In response to a question from Commissioner Wright, Mr. Iserson stated that the City-owned open space <br />behind the subject property is maintained by a Landscape and Lighting District. Once the applicant <br />plants trees on that property, they will be owned by the City as well. Commissioner Wright also <br />questioned Condition No. 5, asking whether there was any CC&R requirement that differed from staff s <br />9-month deadline to complete the front landscaping. Mr. Iserson answered that it was a standard <br />condition to allow nine months. <br />Chair Cooper asked whether any of the concerned neighbors have two-story homes, and Mr. Iserson <br />stated that they all do. He further stated that they all have second story windows, and he believes they <br />would all be able to see into each other's back yazds from their second story windows. <br />PUBLIC HEARING WAS OPENED <br />Dennis Addiego, 831 Hunter Lane, presented the Commission with photographs of the site. He stated <br />that he purchased his lot from Shapell and paid a premium to acquire that lot since it was not originally <br />for sale. Prior to purchasing the lot, he did some reseazch and found that it was not restricted to a <br />single-story home and, in fact, atwo-story home could be built on it. In addition, he noted that the lot is <br />too small for asingle-story home. He also stated that the landscaping plan actually requires open wire <br />fences for the azea. <br />In addition, he stated that the design of the house meets all City and CC&R requirements in every <br />respect, nothing that the proposed height is actually less than the requirement. He expressed a great deal <br />of frustration that although he has complied with all guidelines, he is suffering the financial burden by <br />unnecessary delays due to the neighborhood complaints. <br />Mr. Addiego also displayed an illustration of his proposed home from all angles, pointing out the <br />placement of the windows on the second story. He also showed photographs of his lot and the <br />surrounding home describing the views from each photo. He feels the photographs show that his home <br />would not be violating anybody's privacy or taking away from their views. <br />He stated that although he is very pleased with staff's efforts to resolve the issues and for recommending <br />approval of his application, he does not agree with their conditions relating to the open side fences and <br />the requirement for him to plant trees on the City-owned land. He feels that if the neighbors are <br />concerned about privacy, they should bear the cost of the trees. In addition, he noted that the City has <br />already approved Shapell's landscaping plan allowing for open fences and feels it would be unfair to <br />condition his property differently. He, again, expressed frustration that he is beazing all costs associated <br />with the delay of his project, and he really takes exception to that. <br />In response to a question by Chair Cooper, Mr. Addiego confirmed that he prefers to not have a fence at <br />all. Mr. Iserson stated that the fence shown on the photographs is the City fence, and would remain. <br />However, the fence in question is on the applicant's property line. <br />Planning Commission Page 6 February 25, 1998 <br />