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2. Public Hearing - Appeal of the decision of the Planning Commission to deny the application for amendment to Planned Development Permit to construct a six -foot fence with 18" setback where a 15 -foot setback is required, 23 and 25 Colton Court E.J. Polati and Matthew Gomez, appellants (203 -10) Affidavits of Publication of Notice of Hearing and of Mailing are on file. Planning Commission record transmitted 9/28/88 Mayor Greenalch declared the public hearing open at 7:47 p.m. Tom Tornquist, 477 Hillcrest Way, neighbor representing the appellants, distributed photos of the area and said neighbors favor the application of the appellants, stating there are similar fences with minimal setbacks on the street; that the fence proposed would be 10 -feet from the pavement, although only 18- inches from the property line; that the appellants have made additional expenditures beyond what was required to improve the road; and that if the property were in the County as is most adjacent property, the requirements would be less restrictive than those of the City. He offered a statement favoring the appeal from the neighbors. E.J. Polati, 577 Rocky Way, Woodside, an owner of the property and an appellant, said the street is now wider than originally anticipated and suggested the 15 -foot required setback could be reduced. Matthew Gomez, 1402 Kentfield, builder of house on Lot 12, suggested he will lose about 1,000 square feet if a 15 -foot setback for the fence is required, noting that the fence will then be 25 -feet from the pavement, and observed that the area might be used for parking. Planning Director Patterson said that the approved plans indicate the area will be landscaped so that no parking is expected. In response to question, Mr. Patterson said that it was anticipated that the area in question would be landscaped common area and not part of an individual lot, so no individual loss of area is involved. Mr. Patterson responded to questions relating to details of the streetscape ordinance and fences and the reasons for the requirements. In response to question, Mr. Tornquist said that no consideration had been given to requesting any compromise between the 18 -inch setback application and the 15 -foot setback required by the ordinance. Mayor Greenalch invited anyone else present who wished to speak to do so. No one else wished to speak. M /S: Bury /Stangel to close the public hearing. Carried unanimously by voice vote and public hearing closed at 8:20 p.m. Reg.Mtg. 10/10/88 Page 2 MINUTE BOOK NO. 48 Page No. 203