PC 091008 - Laserfiche WebLink

order to cease, would be doing so at his own risk, knowing he may later have to change the work done. Commissioner Fox referred to the timeline, noting that in January 2008, Mr. Iserson had indicated that the pool construction and excavation could move forward, and that soon thereafter, staff reviewed historical information and found that re-grading applications were required to go to City Council. She noted further that on page 2 of the staff report, it reads: "... Mr. Iserson made a determination to process the grading and landscape buffer at the Zoning Administrator level." She inquired how, given that staff found that the re-grading application required City Council approval, the Planning Director was authorized or able to actually allow this to proceed at a staff level. Chair Blank directed that the Commission ask questions to the applicant first and then to staff later. In response to Chair Blank's inquiry regarding who produced the Exhibit A and if he were an architect, Mr. Jeffrey replied that he prepared the Exhibit A and that he was not an architect. Chair Blank then suggested to Mr. Jeffrey that, if he did not get a copy of his CC&R's when he bought the property, he see an attorney or check the large packet of documents he received when he purchased his home and which should include the CC&R's. Kathy Schoendienst, a neighbor of the Johnstons, indicated that she supported the appeal. She stated that she was present when the shrubbery was removed and confirmed that the Johntons' privacy was substantially removed. She noted that the Johnstons notified Mr. Jeffrey from the very first day that there were restrictions on his property. She added that the Johnstons had contacted the City and made countless efforts to halt the project; they did everything they were asked to do and watched Mr. Jeffrey do whatever he wanted, compromising the value and privacy of the Johnstons' home. She stated that she did not understand how the process had gotten so out-of-hand and requested the Commission to uphold the restrictions on Mr. Jeffrey's property and have him take responsibility for his actions, and give back the Johnstons the privacy to which they are entitled. Nelson Lam stated that he has lived adjacent to the Johnstons and directly behind the Jeffreys for about 5 years. He noted that one of the reasons he bought his home was because of its privacy and seclusion in the backyard, without realizing that there were homes behind him because of the extensive vegetation. He indicated that there are now at least two homes that have a direct line of sight to his backyard from their second floor. He stated that he renovated his home by extending out the master bedroom on the east side where two large windows and French doors are situated. He noted that he has lost privacy with the removal of the vegetation and that he did not want to wait five to seven years to get it back. He indicated that he was surprised that the work was allowed and that he and his neighbors now suffer the consequences of the City's mistake. PLANNING COMMISSION MINUTES, September 10, 2008 Page 19 of 33