11/16/1988 (2) - Laserfiche WebLink

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E. PUBLIC HEARINGS (continued) : L Anthony Lagorio, applicant' s attorney, commented on the history of the project and stated that his client had acted on a permit issued by the Town and had spent a considerable amount of money in completing it. Mr. Lagorio further commented that the patio under discussion was not in a visible area and if it were torn out the large oak would be lost. Mr. Aymerich, applicant, commented on several issues related to this appeal . One concern of his neighbors was drainage and Mr. Aymerich stated that the drainwater went directly to Matadero Creek. He also noted that as it happened his neighbors had a structure to obscure their garbage cans in the setback and he had not complained about it although it was directly in his line of sight. Regarding the cost to remove the patio, Mr . Aymerich listed what would need to be done and stated his belief that it would cost a lot more than the $200 mentioned in the staff report. Mrs. Linda Kramer , 27800 Edgerton Road, stated that they had lived in their home for ten years and she had notified Mr. Aymerich that he was in the setback even before he poured the concrete . She stated her concerns about drainage and the visual impact on her property and also referred to the possible detrimental impact on their property value. Jean Combs , 27790 Edgerton, commented that this entire issue was really a neighborhood feud and she believed someone should begin to be 111111/ fair with the Aymerichs. Ms. Coombs noted that in fact the Kramers had a hedge, light and mailbox on their driveway and this situation had never been corrected . Dr. Kramer , 27800 Edgerton Road, presented a brief history of his conversations with Mr. Aymerich concerning the patio. Dr . Kramer also expressed his concerns regarding the possible invasion of his privacy and he was asking the Council for a reasonable compromise. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to grant a variance for the Lands of Aymerich for a patio constructed in the setback based on the findings for a variance, contingent upon the review by the Site Development Committee of the plans submitted by the applicant addressing drainage , privacy, plantings and the installation of a fence. Regarding the requirement that the applicant install a fence with appropriate plantings it was further stated that the choice of fence materials would be agreed to by the Kramers. 3 . LANDS OF GAITHER, FILE TM #7-88 , Moody Road, request for approval of tentative map and negative declaration for a three lot sub- division -- Resolution approving tentative map Imr -5- 11/16/88