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PASSED BY CONSENSUS: To continue this item to the April 17, 1991 Council <br /> ilraw Meeting and discuss it at the same time as the public hearing on Lands of Wheatley, <br /> appeal of Planning Commission's denial of a variance for a secondary unit to exceed <br /> the 1,000 square foot limitation of the zoning code by 100 square feet. <br /> 5. PRESENTATIONS FROM THE FLOOR <br /> 6. PUBLIC HEARINGS <br /> 6.1 Appeal of Planning Commission's Approval of a Driveway, Lands <br /> of Sun, 12444 Robleda Road <br /> Hal Nissley, applicant, commented that there were several aspects of this issue <br /> including the court order between he and his neighbors, the fact that he <br /> wants the Suns to be happy with the circular driveway and the legal issues. <br /> He stated that he had the easement rights to the property and the right to <br /> repave what was previously there. He had invited everyone to view the <br /> site for themselves but only Commissioner Pahl came. <br /> Paul Smith, applicants attorney, stated that no reference should be made to the <br /> litigation issue. He stated that the driveway serves the Nissley property <br /> and he was denied the opportunity to repave what was there. There were <br /> L three areas of concern: berms, width and location. Concerning the berms, <br /> �✓ they prevented two standard size vehicles from passing each other and <br /> they also created a runoff situation which was artificial rather than <br /> natural. They were requesting that the berms be removed. Regarding the <br /> width of the driveway they felt it should be 16' wide. It was narrower now <br /> and it was serving two houses. On the matter of location they believed the <br /> paved portions of the driveway should be close as possible to the driveway <br /> which is where they were before. They had no objections to the Suns <br /> using the driveway but they wanted it to be safe. <br /> Hal Nissley, applicant, stated that he was all in favor of the circular driveway <br /> but the question was what could be done in the easement. He wanted to <br /> repave what was paved before and did not care what the Suns did outside <br /> the easement. <br /> The City Attorney stated that the owner of the property needed to apply for the <br /> permit and the Suns were the owner. The easement was on top of the <br /> driveway. <br /> Max Blasch, previous owner of easement, stated that his neighbor wanted to go <br /> around the palm tree so he could not pave at the time. He supported the <br /> Suns' position. <br /> thie <br /> April 3, 1991 <br /> 4 <br />