a. Open Public Hearing - Mayor Huang opened the public hearing.
b. Staff Report
Community Development Director David Brantley shared a PowerPoint presentation highlighting Conditional Use Permit 2021-13 for a 6-foot high combination block and wrought iron fence within the front yard and vehicular entry gate. He said the zoning code allows for fencing taller than 3-feet in the front yard setback area with the approval of a Conditional Use Permit (CUP). He said the 6-foot fence is currently installed, as Mrs. Zhang was unaware that it would require a CUP. Once she was made aware of this requirement, she applied for the permit. He spoke about the existing conditions, other properties on Via Del Caballo and the history of this project, including the May 26, 2021, Planning Commission meeting. Director Brantley said on June 8, 2021, a neighboring property owner, Mr. Michael Rosenthal, submitted an appeal of the Planning Commission's decision to approve CUP 2021-13 - Zhang. He concluded by sharing some of the concerns noted in the appeal.
Ashanti Mason-Warren, Assistant Planner shared photos of the property and existing encroachments. He said that though most of the 6-foot fencing has been installed, the property owners have yet to install the vehicular entry gate.
c. Take Testimony
1.) Appellant - Mr. Rosenthal said he read the Resolution and associated Conditions of Approval. He said he does not agree with the 6-foot high road easement but found everything else acceptable. He asked about the E-5 Policy and asked what would happen if they sell the property.
City Attorney Litfin said encroachments continue with the property.
2.) Project Applicant - None
3.) Public Comment - None
4.) Rebuttal by Applicant, If Required - None
d. Close Public Hearing - Mayor Huang closed the public hearing.
e. Make Determination