PC 092408 - Laserfiche WebLink

She stated that the change in grading would be arguable in any lot in any neighborhood in the City and that she was surprised with Mr. Jeffrey's lack of willingness to compromise. Mr. Jeffrey, applicant, stated that he received two building permits in December of last year to complete a pool and the retaining wall in his yard and that both permits were approved by the Planning Department and the Building and Safety Division. He added that to date he has not received any documentation revoking or suspending the permits. He noted that the permit outlines the actual grading that was to be completed and was signed off by the Planning and Building Permits Department. He stated that he completed the work stated on the permits to the satisfaction of the building inspector and noted that similar projects had occurred in the neighborhood: two in August 1991, one in September 1990, one in August 1990, and three in 1989. He noted that all were approved for grading of pools and patios in their rear yards. Mr. Jeffrey stated that after several meetings with the Zoning Administrator and the neighbors, he redesigned his landscape plan several times to incorporate the Zoning Administrator's ideas and neighbors' comments. He added that he was required to complete the project within four weeks of the Zoning Administrator's ruling. He indicated that he constructed the back yard based on the direction of the Zoning Administrator and that this is how the yard looks today. He stated that grading can be permitted after review is done by the City of Pleasanton and that Exhibit A's bottom left hand corner indicates that the work is not drawn to scale but is just a representation of the wall. He noted that the wall also must be constructed 15 feet from the rear property line of his property and that no permanent structures are allowed in this area; this is the reason why it was moved toward the inside of the property. Mr. Jeffrey stated that he has no plans to build any additional structures or to install outside lighting for the pool. He added that he has planted additional plants, trees, and bushes. With respect to the actual wall height, he noted that there are six blocks with each measuring 7.75 inches high, with one in the ground for the actual foundation, which has been signed off, and atwo-inch cap on top. He stated that the total height is'/ inch over the 48-inch mark and that the height varies due to the property not being level. Chair Blank noted that it appears Mr. Jeffrey is not willing to accept a condition where he would not be permitted to have an above-ground structure in a section of his backyard and asked Mr. Jeffrey for an explanation. Mr. Jeffrey replied that a restriction on the rear portion of his property was not acceptable because such a restriction would reduce the value of his property. He reiterated that he did not plan to put up any play structures in the area. Nelson Lam stated that he lives directly behind the Jeffreys, and the Johnstons are kitty-corner to the Jeffreys' property. He stated that he did not have a chance to PLANNING COMMISSION MINUTES, September 24, 2008 Page 12 of 41