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Hoss Bozorgzad, 6056 Sycamore Terrace, noted that this project had aten-year history that had become problematic and detailed its history- He noted that the changes made to his home during the construction phase had become very expensive. He noted that the staff report contained a number of inaccuracies regarding his property; he noted that the pedestrian path in the north part of the property was already dedicated. He noted that the trail was required to be six feet wide, and he was displeased to find that it had to become a sidewalk. He noted that he delayed his project for ayear-and-a-half in order to file an application to remove the path- He noted that 40 neighbors wanted to retain the path and that the residents wished for the path to remain so their children could use it as a bike path- He expressed concern at the apparent misplanning by the Planning Department staff He believed that common sense should prevail in this matter and would like to remove the pedestrian path- Peter McDonald, 400 Main. Street, Suite 21 O, representing Mr_ Bozorgzad, wished to discuss options for putting the pedestrian path in. Following up on Ms. Nerland's comments, he requested that the City make a formal acceptance of liability and maintenance for the sidewalk, which amounted to a community trail. He did not believe the sidewalk was a private property situation- He believed this particular location had an insurmountable liability problem and that it would be unconscionable to pass that liability and maintenance responsibilities to the bystander properties. He noted that the average slope was a 1 O-percent slope, which he believed would be unsafe for bicyclists and skateboarders. He also believed that a barrier would be dangerous. He requested that the pedestrian path be redesigned o protect the Bozorgzads' privacy- He noted that the developer was required to put in the pedestrian trail and added that he draRed Condition No_ 23 to fix the trail in such a way to protect the Bozorgzads' privacy. He requested a three-foot movement of the trail into Lot 4, which would move the Bozorgzad property line three feet over; a six-foot wall would be included to keep people from looking directly into their living room- He stated that the developer has refused to draw that plan up unless Mr. Bozorgzad agreed to pay for moving the water line and the construction of the wall- Mr_ McDonald asked that the developer be required to reimburse the Bozorgzads' for one-half of the cost of Sycamore Terrace. He detailed the history of this issue and noted that a 240-foot accommodation became an expensive imposition- He believed that Mr_ Bozorgzad was entitled to a reimbursement agreement when he did the subdivision; staff had stated that Mr. Bach would not be developing for 20 years and that the reimbursement agreements were only good for 1 5 years- He noted that the development was taking place less than t3ve years later and believed that it was time for Mr_ Bozorgzad to be reimbursed for half the road- If that occurred, Mr. Bozorgzad would have no objection to moving the City water line, and he would be willing to pay for half of the pedestrian pathway- He noted that their draft Condition No. 77 detailed that proposal. He believed that State law mandates that Mr_ Bozorgzad be reimbursed for half the road because it was done for the advantage of that property. Commissioner Fox inquired what kind of wording they would like if the City added acknowledgement of their liability and maintenance should the pedestrian path was PLANNING COMMISSION MINUTES February 9, 2005 Page 14 of 22