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Current Council Agenda and Past Meeting Information


Meeting Date: October 9, 2007

Subject/Title: Set the date of November 13, 2007, to hear an appeal filed by Pulte Home Corporation of the Planning Commission’s denial of a variance from the municipal code to establish reduced setbacks and increased square footage for an existing cabana located at 2876 Falcon Court (APN 018-380-003).

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

Set November 13, 2007, as the hearing date to consider the appeal filed by Pulte Home Corporation in regard to the Planning Commission’s denial decision on a proposed variance (V07-02) for an existing cabana located at 2876 Falcon Court.

• Planning Commission approval of TSM 8226 on November 16, 1999
• City Council approval of PD-29 on December 14, 1999
• Planning Commission approval of DR 00-23 on September 5, 2000
• Staff approval of TUP 01-03 on May 10, 2001
• Planning Commission denial of V 07-02 on September 18, 2007

At the Planning Commission meeting of September 18, 2007, a public hearing was held regarding the applicant’s request for a variance from the required setbacks and maximum square footage identified in the Municipal Code for a pool cabana which was constructed on the property by Pulte at the time of the original construction of the model homes. At this public hearing, public comment was heard and discussion ensued by the Commissioners regarding concerns on the appropriateness of granting a variance for the cabana. Topics of discussion were the proximity of the cabana to the existing residence on the adjacent lot and the advisability of granting a variance due to inaccuracies in construction. At the public hearing, the property owner, Randy Mass, indicated that he had agreed to cooperate with Pulte Homes in regard to submittal of an application for a variance as per a settlement agreement, however, he did not support the variance.

The public hearing was closed and after Commission discussion, the vote took place. The application was denied by a 5-0 vote.

Pulte Home Corporation has filed an appeal of this denial. As required by Section 17.880.003.C, Pulte Home Corporation has completed the required application, submitted the required appeal fee, and provided a statement setting forth the specific grounds for the appeal. It is a procedural requirement that the City Council set the hearing. It is recommended that the City Council set November 13, 2007, as the date for the hearing on the appeal request.

The applicant paid the required $122 appeal fee.

1) Appeal application received from Pulte Home Corporation dated “Received September 27, 2007”
2) Letter from J. Kevin Moore dated September 27, 2007


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