3A Public Hearing 2008 0107 - Laserfiche WebLink

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Planning Commission Meeting Minutes December 13, 2007 Agenda No. 07-23 Page 4 of 8 Commissioner Collier said the language might be revised to say something like "finished grade as referred to in the UBC." Commissioner Ponder agreed that the term "finished grade" is imprecise. It should be described as the grade at the location of the finished fence. The grade is something that might have to be approved for person trying to protect views. Commissioner Dlugosh added that the problem is that the ZEO doesn't want to have to make that determination each time. If the issue remains unclear, it could end up being a legal question and a potential sticking point when it comes time to make judgment calls. He said he would hate to see a property owner get blindsided by language that isn't sufficiently clear. Secretary Livermore pointed out that a very careful weighing of a compromise situation between a property owner's right to build fencing on their property and the other property owner's right to enjoy their view. Another factor was the ZEO official being able to make the determination. With the first three feet being solid and anything above that being transparent, if there is a retaining wall even, there remains enough leeway for a reviewable situation. Commissioner Dlugosh referenced the photo of the welded wire as being an acceptable transparent material. He does not like it and considers it unattractive, even ugly. Several commissioners expressed agreement with his view. Commissioner Abero said if you're sitting in amillion-dollar home with a view, you might not want to see something you would see on a farm. She also pointed out how large the property in the photo was, suggesting that it probably was taken in a field. Planner Maryann Miller confirmed that the picture was taken on country land in Livermore. Secretary Livermore referred to the grid of what other cities allow in the staff report. Commissioner Ponder asked whether the ordinance provided for horizontal as well as vertical supports. Secretary Livermore said it would be up to the ZEO to determine what structural member support would be appropriate. Chair Reed suggested that Secretary Livermore carry on with her presentation. Secretary Livermore reiterated the work session discussion on the ordinance regulating online used vehicle sales. It is not the level of operation that requires a conditional use permit being approved by the Board of Zoning Adjustments. The proposed code change would allow these to be reviewed administratively instead. The affected portions of the zoning code are Article 3, Section 1-304 and Article 6, Sections 2-606, 2-612, 2-704, 2- 706 and 2-708; the revised language would allow for limited online sales of used vehicles in the CC, CS, IL, IG and IP Districts. Commissioner Collier asked what would happen if such sales took place in conjunction with a dealership or used car lot.