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AYES: Commissioners Blank, Fox, O'Connor, Olson, and Pearce. <br />NOES: None. <br />ABSTAIN: None. <br />RECUSF.D: None. <br />AI3SF.NT: None. <br />The motion passed. <br />THF, PUBLIC HEARING WAS RE-OPENED. <br />Mr. Jardin noted that the problem would be solved ifthe retaining wall ou Mr. Nespor's side <br />were taller so the wall could he pushed back farther. He noted that when he spoke to the City <br />inspector about the right of way, he was told it would not infringe at all into his property. I Ie <br />would try to get a letter from the inspector to contirni his understanding of that assurance. }Ie <br />noted that no one ever staked the area. <br />THE PUBLIC HEARING WAS CLOSED. <br />Mr. [serson noted that staff had responded to Mr. Jardin's attorney letter and provided copies of <br />the drawings and the grant deeds signed by Mr..iardin. Staff had not heard ti~om Mr. Jardin's <br />attorney since then. <br />Commissioner Black noted that there appeared to he alegally-binding agreement that had been <br />reviewed by the City and that he did nut want to he involved with that aspect in the event of <br />future litigation. I Ie did not believe that was within the purview of the Planning Commission. <br />He urged caution in this matter and noted that the Planning Commission could not change the <br />routing of that street as a condition of approval. <br />In response to an inquiry by Commissioner Blank about noises generated by legally-kept <br />wildlife, Ms. Harryman noted that a deed disclosure could be required. <br />In response to an inquiry by Commissioner Blank regarding the possible impact if Condition <br />No. ti8 were changed to 6:00 p.m. to 8:00 a.m., Ms. Giftiu replied that could be expanded to <br />speciftcally state "construction traffic." <br />Commissioner O'Cbnnor suggested that the language be changed to address the arrival of <br />garbage trucks within the specified hours. <br />Chairperson Fox noted that a stone chimney was specified for Lot 2, but the. conditions were <br />silent for the other lots. She requested that the conditions be changed to call out stone chimneys <br />for those lots and include the color of the top of the chimneys. <br />Commissioner O'Connor expressed concern that everything would look alike if all the chimneys <br />were made of stone. I Ic would support darkening the color of the arrestors so they were not <br />shiny or white. <br />E?~CI?RPTS: PLANNING COMMISSfON MINUTI?S, January 10, ?007 Page 6 of K <br />