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CITY COUNCIL MINUTES - February 5, 1986 E. PUBLIC HEARINGS: (continued) : `y 4. LANDS OF GIGLI, 12321 Gigli Court, request for a special lard use permit to allow construction of a new residence having a height in excess of fifteen feet The Town Planner referred to her staff rep.at dated 1/29/86 which noted that the Planning Commission at its meeting on 1/22/86 nffa mraded that the Council deny the Special Lard Use Permit for the Lards of Gigli at 12321 Gigli Court as they mrld not find that the proposed residence was appropriate to the location, lot and neighborhood. Loren Nelson, Gerard Development Corporation, presented a color rendering of the proposed house. He also wmentei on the proposed landscaping and noted that the plans conformed to both the nee and old guidelines. Mr. Nelson presented a Mart of four neighboring hates and compared their development area with that of the proposed new residence. In his opinion the ccmparison was favorable and he did not see how this proposed house visually impacted any of the neighbors. Mr. Nelson read a letter from Mr. Johansen stating that he would terminate his contract to purchase said lot if Gerard was unable to build the type of home he wanted. Mr. Nelson requested approval of the special land use permit and the site development permit for 12321 Gigli Court. Mary Hardy, 12101 Dawn Lane, stated that although their view was not being impacted she felt the proposed house was inappropriate to the neighborhood. Mr. Hardy also read a letter from Mrs. Andy Perga, 12100 Dawn Lane, who urged the Council to place tighter restrictions on the sizes of hares in relation to the size of building lots E and to form a design apprval committee to evaluate the appropriateness of dwellings �I proposed. Mrs. Joyce Clark, 12544 Corbelta Lane, did not think the Town should legislate styles. The 'rural' nature of the Town was protected by the one acre minimum and slope density regulations. Mrs. Clark cemented that there was no divine right of those governing and minimal governmentwas important. Most importantly, she stressed a reasonable approach. The issue was quite subjective and the results could be quite divisive. Mr. Frank Blum, Jr., applicant's attorney stated that he had reviewed the files, studied the ordinances and listened to the tape of the Planning °omission Meeting. He could find no factual findings and the denial of the project appeared to be quite subjective. Mr. Blum cemented that the character of the Town permits individuality. Mr. Blum also noted that while the Town does not have architectural control, Mr. Gigli did in the CC&Rs of his subdivision. It was also stated that Gerard Development had an option to purchase the remising five lots. However, if this project was not approved, Gerard has stated they will not pick up their option. Both Dronkert and Allison stated that they could not make the findings for a special land use permit for the Lands of Gigli according to Ordinance #295. The proposed house was not appropriate to the location of the lot. The proposed residence was oriented to the street rather than to the view and had been designed to be seen. YCTION SECONDED AND TABLED: MDve3 by Foilrnman, seconded by Allison and tabled to grant a special land use permit for Lards of Gigli based on the project's conformance with the guidelines for Ordinance #295, subject to the issuance of a site development permit. MYTION SECONDED AN) CARRIED: Moved by,Allison, seconded by FUhrmepaenx�and passed uunani- t applica t theopportunity tevil th yplanss. (AMENDED BY 1NCII. x/19/86) allow