SR 06:247 - Laserfiche WebLink

Brian Arkin September 27, 2006 Page 2 It should be observed that the Staff Report has failed to adequately depict the property line, apparently based on incomplete documents from the applicant Instead, a licensed surveyor should have plotted the line with markers so that the Planning Commission can see for itselfthat the driveway area is improperly located and encroaches on the Lutman parcel. These pictures are misleading and the applicants' submission should not be found acceptable due to this misrepresentation as to the property line, The draft conditions of approval, paragraph 8, provides that the proposed driveway paving and mow strip "shall be located fully on the subject property. , . so that vehicles using the driveway do not encroach in any manner upon the neighboring property [Lutman]". However, this has not been adequately demonstrated in the application as noted above, and a photograph should be submitted showing the plotting of the property line by a licensed surveyor so that the Planning Commission can properly evaluate the boundary condition, Based on this defect alone, the application should be denied. In addition, with respect to setbacks from the property line on this side, it is difficult, if not impossible, to evaluate the visual and other impacts without a proper plotting of the property line, and without reference to the overbroad driveway taken by the Boyces in violation of the Lutman property rights. Again, this is a ground for denial of the application and the fault lies exclusively with the applicant for a misleading representation. There are other defects in the application apart from the boundary and title issue which will be addressed by Grace Lutman and/or the other neighbors at the public hearing, Thank you for your attention and consideration, ;J;~Vj~~ Scott A. Sommb! Enclosure cc: Anne Fox, Vice Chair (w/enc, via facsimile) Philip Blank (w/enc, via facsimile) 700540484V' Pillsbury Winthrop Shaw Pittman LLP