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Planning Commission Minutes DRAFT September 23, 2004 Page 3 Mr. Alfinito's bedroom window. Before they even had approval to build the house, his neighbors landscaping was so over grown you could hardly see his house from Mr. Burger's property in the area of question. Mr. Alfinito started cutting down everything and removed shrubs on the Burger property to try to establish that he had a view. The intent was to try to prevent the Burgers from building the house. This is why he wants a proper barrier between the properties. Mr. Alfinito reiterated his concerns for the proposed 6 foot wall. CLOSED PUBLIC HEARING Commissioner Clow felt the applicant was being very reasonable with the pool placement and the fence which was agreed to by the neighbor (a 6 foot fence is reasonable). Commissioner Cottrell felt the applicant was in the right and should be able to build a 6 foot fence. Commissioner Collins felt the applicant does have the right to build a 6 foot fence but unfortunately in this case it is in the view of his neighbor's bedroom window. Chairman Kerns agreed with previous comments. He wished people could work out their differences but in this situation there is much history and the applicant is within his rights requesting a 6 foot fence on his property. He supports the application and the change to condition #3, changing "12" to "9" oak trees and to relocate one of the trees per their request. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to approve a Site Development Permit for a 1,000 square foot pool and spa, removal of two (2) heritage oak trees, basement modification, fence, and landscaping, with the recommended condition of approval with changes/additions to condition #3, "install nine (9) oak trees in three groupings of three...); and adding that the multi-trunk oak (tree #2) shall be removed and replanted on the property at a location selected by the applicant, Lands of Burger, 13193 La Paloma Road. AYES: Chairman Kems, Commissioners Collins, Cottrell & Clow NOES: None ABSENT: Commissioner Mordo This approval is subject to a 23 day appeal period. 3.1 LANDS OF ABRAHAM, 12831 Viscaino Road (177-04-ZP); A request for a Site Development Permit for a 89-foot retractable antenna tower with a 17 foot mast. (staff-Carl Cahill) The Planning Director introduced this item by reviewing the report. He noted that the City Attorney was present to help the Commission sort out Federal rule interplay with local rules and discretion. They had considered in the process of reviewing the antenna the idea of partial landscape screening as in the case of Mr. Fenwick's 85 foot antenna that also cranks up and down which is partially screened with trees. But in this case, if you try to plant trees to screen the antenna you will be blocking more of the neighbors view up hill. This is why in the