Hello. Thank you for allowing me to weigh-in on this matter tonight. I represent Rick Kienzle, owner of 808 Empire Avenue, which is located directly to the south of the proposed project. I want to call your attention to the issues raised in the letter I sent you earlier today. Please note that the current proposal requires the driveway off of Empire Avenue to encroach into the Treasure Hill Open Space, as set forth in Corey Legge's May 5, 2020 memorandum. This proposed encroachment also encroaches onto Mr. Kienzle's Driveway Easement and violates the Court Order governing the Driveway Easement. I provided you with a copy of the Driveway Easement as an exhibit to my letter earlier today.
Second, Mr. Kienzle is concerned about the City’s proposed location of the public stairs as depicted in the staff report. While Mr. Kienzle fully understands that the Planning Commission is not making a final determination as it relates to the location of the public stairs this evening, there are several factors the Planning Commission should be aware of before making a final determination on Mr. Peek’s project as it relates to the location of the stairs. Specifically, the current location of the stairs, which terminates onto Mr. Kienzle’s driveway, is a direct violation of the terms of the Court Order and therefore illegal. Instead of locating the public stairs onto the Driveway Easement, it is much more viable to locate the public stairs to the south of the proposed project with a termination point onto the proposed location of driveway for the proposed project, as stated on page 4 of Corey Legge’s memorandum. This issue should be discussed and determined, at least at a cursory level, before any final determination is made on the current proposal. The concern is that an approval of the project tonight may foreclose on the City’s ability to utilize Peek's property, if that becomes necessary. Please consider these issues before making a determination on the proposal. Thanks, Nick