14 ATTACHMENTS - Laserfiche WebLink

reasonable, and the applicant and the appellants would have 15 days to appeal that decision. Commissioner Pearce stated that she agrees with Chair Blank that the Commission needs to try and get the best conditions. She indicated that this is different than those situations where somebody has no permits and does all the work just the same in the sense that this project got a little more complicated because there were mistakes made and there were errors in judgment. Commissioner Pearce moved to uphold the appeal of PAP-123 (PDR-715), thereby vacating the Zoning Administrator's approval of PDR-715, subject to the conditions listed in Exhibit B, as modified by staff s memo dated September 18, 2008. Mr. Dolan stated that if the Commission opts to uphold the appeal, it should not be followed by vacating the Zoning Administrator's approval because that would mean throwing away all the conditions of the Zoning Administrator's approval. He suggested that the Commission follows its decision to uphold the appeal with amending the conditions of the Zoning Administrator's approval. Commissioner Pearce indicated that she would also like to require a detailed specific landscape drawing that is drawn to scale and in substantial conformance to the Exhibit A landscape picture dated April 8, 2008, maintain the conditions of Tract 5835 except as modified by these conditions, and to amend Condition No. 3 to enable a faster growth of plantings. Mr. Dolan stated that the Commission could put a performance statement in the condition similar to the way staff wrote in its memo and include whatever year the Commission would like. He added that staff would review those species to ensure they have a growth rate that would accomplish the purpose within the desired timeframe. Commissioner Pearce indicated that she would like to include a 35-foot setback in the rear yard on which above-ground structures would be prohibited and that afour-foot high berm be installed. Commissioner Fox requested the addition of a condition that the applicant be required to submit engineered drawings to ensure the stability, safety, and proper drainage of the berm, subject to City review and approval; that no lighting be place on the pool that are directed toward the neighbors' houses; and that all conditions of PDR-715 stay in force provided they are not in conflict with these conditions. Mr. Dolan indicated that Conditions Nos. 4, 6, and 10 of PDR-715 would be deleted Commissioner Narum asked Commissioner Pearce whether she wanted to keep the wall in the same place or remove it. Commissioner Pearce replied that she was EXCERPTS: PLANNING COMMISSION MINUTES, September 24, 2008 Page 11 of 14