PC 091008 - Laserfiche WebLink

Chair Blank inquired if he received a copy of the CC&R's when he purchased his home. Mr. Jeffrey replied that he was not aware of that. Commissioner Fox asked Mr. Jeffrey if his contractor did not know about the CC&R's when he pulled the permits. Mr. Jeffrey replied that he had a licensed contractor but that his first knowledge of the CC&R's was when Mr. Wickboldt showed up at his home and told him there were issues with his work. He added that Mr. Wickboldt asked him to "hold tight" and they would try to resolve the problem. He stated that he asked Mr. Wickboldt for a copy of the CC&R's, which Mr. Wickboldt dropped off at his doorstep two days later. In response to Commissioner Narum's question regarding the distance from the fence line to the wall, Mr. Jeffrey replied that the distance between the property line and the wall is 15 feet, which is the mandatory easement. Commissioner Narum stated that she thought the wall had been moved in from where the original fence had been, and Mr. Jeffrey replied that the original fence was probably a foot higher than the base of the retaining wall. Ms. Amos verified that a Building Inspector had measured the distance and indicated that the existing redwood fence then was about seven to eight feet from the property line; the applicant had moved the fence back to maintain the 15-foot easement required in that area. Commissioner Narum inquired if the landscaping in the backyard was complete. Mr. Jeffrey replied that more landscaping was proposed, but he did not have additional money to spend at this time. He indicated that the intent is that in approximately one year, the plantings there will grow in. He stated that he had switched a lot of the vegetation from his original plan listed in Exhibit A to these different fast-growing varieties of shrubs and trees in order to meet the neighbors' needs as well as his own. He added that it is not his intent to just do what he wants and ignore his neighbors or staff. Commissioner O'Connor requested confirmation from staff that Mr. Iserson's direction to Mr. Jeffrey in January 2008 that he could proceed included both the pool and the retaining wall. Ms. Amos confirmed that was correct. She added that the applicant went ahead with the pool and did not work on the retaining wall until later in the year. She reiterated that no permit is required for afour-foot tall retaining wall but that Mr. Jeffrey did receive one from the Building and Safety Division. Commissioner O'Connor noted that one letter asking Mr. Jeffrey to stop work was dated August 8, 2008 and asked Mr. Jeffrey if he received that letter. Mr. Jeffrey confirmed that he did receive it but that he understood from his conversations with Ms. Amos and Mr. Dolan that this was not an order to stop work but a notice that if he did move forward, he would be responsible for possibly removing what had been installed should the final resolution be different from what he had installed. Ms. Amos confirmed that whether the work involved installing landscaping or grading, the applicant, should he choose to move forward after receiving a work PLANNING COMMISSION MINUTES, September 10, 2008 Page 18 of 33