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FINANCIAL STATEMENT The project consists of private rear yard improvements on the subject site. No fiscal impact on the City is anticipated. BACKGROUND On December 6, 2007 and December 12, 2007, Building and Planning staff processed over-the-counter approvals and issued building permits for the construction of a four-foot high concrete retaining wall and a swimming pool located in the rear yard of 927 Montevino Drive. This retaining wall is approximately 100 feet in length and is located approximately 15 feet from the rear property line to avoid a 15-foot drainage easement along the rear of the lot. The purpose of the retaining wall was to support the excavated material from the pool, proposed to be constructed immediately north of the Jeffrey's house. In January 2008, the appellant began preparation for installing the pool and retaining wall by removing some mature evergreen trees along the rear property line. Mr. Jeffrey shares his rear yard boundary with two neighbors. Staff received calls from one of the rear neighbors, the Johnstons, stating that the landscaping that had been removed was a requirement of the original development (Vintage Heights II subdivision). The Johnstons further stated that re-grading of the lot is not permitted by the conditions of the subdivision unless approved by the City Council. The Lams, who live adjacent to the Johnstons and behind Mr. Jeffrey, also stated concerns related to the loss of privacy in their yard. Page 2 of 6