PC 082510 - Laserfiche WebLink

Ms. Perry concluded that they are a community and that the decision should not be based on one family’s needs. Rodney Lopez, applicant, stated that he believed staff had not received an email he had sent negating some of the misleading statements made in opposition to their request, as that email was not attached to the staff report. Ms. Bonn confirmed that she had not received the email. Mr. Lopez stated that their proposed addition has been considered in view of their family’s personal and professional needs as well as neighbor’s needs. He indicated that the Zoning Administrator approved their proposal on June 30, 2010 with a few modifications. He noted that one of the key points made by the Zoning Administrator is that zoning does allow two stories to be built under certain parameters, such as setback, height, limits, and FARs, all of which they meet or exceed. He added that the Zoning Administrator also specifically stated that their home addition has been designed to minimize impact to neighbors. He stated that they completely agree with the assessments and noted that the designs before the Commission, along with the design modification, are absolutely different from their initial design because it takes additional consideration of their neighbors' concerns to lessen perceived impacts. Mr. Lopez stated that when they bought their house 12 years ago, they knew that adding a second story to their home was an option, and they had counted on it. He noted that their real estate agent and title company were required to disclose this information to them by having them sign the CC&R’s, which stated that their home or any home in the neighborhood could be modified to a two-story home. He added that the declaration of restrictions were specifically written for Tract 2953, residents of Homer Court and Robin Court, and have been in effect since the homes were built in 1969. He stated that these neighborhoods were initially intended to support one- and two-story homes and that everyone who purchased a home on Homer Court or Robin Court over the last 40+ years was informed and required to sign the same declaration or restrictions, stating that two-story homes were permitted. He added that the CC&R’s were also backed up by the current zoning regulations in place today. Mr. Lopez stated that disallowing second-story additions in this area is wrong and goes against the initial intent of the neighborhood as well as current zoning regulations. He added that a precedent has already been set by 15 other Val Vista two-story homes including three homes that were missed in the staff report located on Bacon Court, north of the subject property. Mr. Lopez stated that his property has been mistakenly granted as being unusual or unique in several of the documents submitted to the City by the appellants. He noted that his floor plan is different from any other house in the development, and the pie-shaped lot coupled with the color of the house might make this unique; however, the zoning regulations do not consider it unique as the proposed additions fall within current zoning regulations as set forth by the City and do not require any variances. PLANNING COMMISSION MINUTES, August 25, 2010 Page 13 of 38