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City of Centerville <br /> Planning and Zoning Commission <br /> February 5,2019 <br /> 2. Bay View Villas —Planned Unit Development/Conditional Use Permit (PUD/CUP) <br /> Revision/Amendment <br /> Ms. Bender stated that City Attorney Glaser has submitted a recommendation for action <br /> regarding the previously approved PUD for CUP associated with Bay View Villas. She <br /> stated that a recent meeting between staff, Mr. Tom Budzynski (TJB Homes), Mr. Jim Boo <br /> and Mr. Rich DeFoe had taken place and the Attorney's recommendation stems from those <br /> discussions to allow lap pools and hot tubs to be installed on a patio or underneath decks of <br /> the homes within the development. City Attorney Glaser along with the Developer agreed <br /> that safety fencing would be allowed around the pool or hot tub rather than the perimeter of <br /> the lot reducing clutter or adverse sightlines on the smaller lots. He further stated that the <br /> Homeowner's Association would restrict the height of safety fencing around these "lap <br /> pools" or"hot tubs" to be 4 feet and regulate the type and styles of these fences. <br /> Mr. Rich DeFoe, 7265 Main Street, stated that he intended on purchasing a lot within the <br /> Bay View Villas development and desired to have a full sized pool. He stated that at the <br /> time of the above meeting he misunderstood the definition of water-oriented accessory <br /> structures and accessory structures. He did not realize that he would not be allowed to <br /> install a full sized pool with required fencing. <br /> Ms. Bender contacted City Attorney Glaser via telephone for clarification of language <br /> contained in his recommendation. City Attorney Glaser stated that Mr. DeFoe's current <br /> property and swimming pool are and will be allowed with the develop. However, if Mr. <br /> DeFoe is intending on purchasing a lot within the Bay View Villas development full sized <br /> pools and required fencing would not be allowed by the HOA. <br /> Lengthy discussion was had regarding the timeframe for making a decision on the item. <br /> Mr. DeFoe requested that a decision sooner would be better for all concerned as marketing <br /> of the homes is essential. <br /> Lengthy discussion ensued regarding the possibility of the Commission making <br /> recommendation to Council to approve the recommendations of City Attorney Glaser at <br /> this time and Mr. DeFoe coming back to the Commission at a later date requesting full <br /> sized pools or whether the items should be tabled to formalize the inclusion of full sized <br /> pools. <br /> Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to <br /> Table this item Recommending Council to Take Action if Deemed Suitable with the <br /> Inclusion of Swimming Pools. All in favor. Motion carried. <br /> The Commission did desire to acknowledge their support for Mr. DeFoe and the <br /> installation of a full size swimming pool on one larger lot. <br /> Page 3 of 5 <br />