PC 10/14/1998 - Laserfiche WebLink

parcels as described in the easement description; and, that the front setback be measured at the property line and being no closer than 27 feet to the corner of Nelson property. Further, Mr. Nelson requested that the fire road agreement be left intact and that the applicant be refunded his application fee. Further, he requested than an expert review the soil contained around trees and that the Commission not delay a decision to allow the applicant to proceed with his project. Carole Varela, 3858 Mohr, expressed concern with the 1991 geotechnical study that was performed on this property, and she suggested using the applicant's fee to perform a current geotechnical survey. She said that due to El Nino she had doubts as to the safety of the soil. PUBLIC HEARING WAS CLOSED Commissioner Cooper stated his intent in raising geotechnical study inquiries was not to deny the application, but to ensure that this property was stable for construction. He stated that due to the Nelson's approved plan they should not be held responsible for maintenance of the fire road. He suggested making that caveat part of the motion. Commissioner Maas expressed concern with Mr. Nelson's issues as referenced in his September 12, 1998 letter, and with safety issues relating to building on this lot. She stated she desired assurance from staff of the safety of building on this property. Further, she expressed her concern with the geotechnical survey that was performed. Commissioner Roberts expressed concem with the geotechnical survey that was performed and stated she desired an assurance from staff that this property is safe to build on. She expressed agreement with the set back being measured from the property line and being no closer than 27 feet to the corner of the Nelson property. She stated that the slope of property should be conditioned with the landscaping and suggested conditioning property to protect the Nelson's private agreement with the applicant relating to the maintenance of the fire road. Mr. Higdon stated that staff needs to examine documents to understand the original maintenance agreement for the fire road. Chairperson Kumazan suggested not voting on the maintenance agreement and providing staff with direction to examine issues relating to the fire road maintenance agreement or postponing approval of application in an effort to gain clarification of issues. Discussion ensued relating to postponing approval of application. Commissioner Roberts spoke in favor of Bethel Road connecting into Moller Ranch and Foothill Road. She stated the project should have a maximum of a 25 percent FAR due to the minimal building envelope. She spoke in favor of restrictions for color of the project and that compliance with the Foothill Road Overlay District should remain as a condition. PLANNING COMMISSION MINUTES Page 8 October 14, 1998