But the planning commission unanimously denied the request, with Commissioner Philip Micciche absent.

Though commissioners agreed with neighbors that the canopies were of good quality, they reminded the public that they were charged not with judging the canopies' aesthetics but whether they complied with zoning codes. With that said, the commission found that the canopies are illegally located within required setbacks.

Wedgewood Avenue resident Mark Medalie erected the $3,000-plus canopies several years ago as a solution to the number of golf balls flying over from the nearby La Rinconada Country Club that have hit his cars, his son and his neighbor in the past. Neither person suffered serious injury.

After town staff notified Medalie that the canopies violated zoning codes stating that structures cannot exist on front yard setbacks, the issue was brought before the planning commission. Medalie, who is seeking a variance to the zoning codes to allow him to retain the canopies, submitted a petition to the commission with 53 signatures from neighbors supporting his efforts.

For commissioners to grant a variance, they must find a unique reason to give special privilege. But in this case, commissioners said, Medalie isn't the only one in the neighborhood that must deal with the golf balls, and they fear granting a variance would set a precedent.

Medalie maintains that his is a unique situation. He noted that one of his neighbors has a long driveway extending toward the backyard, which would allow that neighbor to have a carport without violating zoning codes, and his other neighbor has a large hedge to screen out the balls.

"There is nobody else in town that can say they live adjacent to the La Rinconada driving range and receive the clear majority of golf balls like we do," he said.

The neighborhood is familiar with balls landing on yards and causing damage to parked cars or breaking windows, based on a number of testimonies by neighbors. In the past, the country club has reimbursed residents for damages incurred, club president Jim Rubnitz said before the planning commission. Medalie, who confirmed Rubnitz' statement, said the club has reimbursed him approximately $7,500.

In denying the variance, Vice Chair Paul Dubois directed staff to review the country club's conditional use permit to see if new conditions or revisions should be set to keep golf balls from flying over to the residential area. This, he said, is the real problem that needs to be resolved.

"I'm sure whatever needs to be done to mitigate the problem, the country club will work with the town and neighbors to resolve this in a professional manner," said club manager Richard Forney.

Already, the club has modified the tee area to address the issue. According to a staff report, the club has changed the direction of the driving range tee boxes, added signs reminding golfers to direct their shots toward the center of the range, and moved targets to the center of the range.

Additional changes suggested to the club include planting fast-growing trees to serve as a barrier, lining the fence with green netting, or constructing a sand trap to keep balls from bouncing or skipping across the fence. But neighbors, both in the past and currently, oppose the green netting, which they view as an eyesore.

Town staff monitored the Wedgewood Avenue neighborhood during a four-month period to track errant ball activity. Code Compliance Officer Roy Alba reported in a letter that "while no significant safety hazard appears to exist, additional measures could be taken to further limit the number of errant golf balls." According to Alba's report, during 10 site visits, code compliance officers observed no golf balls bouncing through or flying over the fence, though approximately 35 balls rolled or bounced toward the fence line on the golf course.

Town staff observations were made over a four-month span, but the number of hours actually logged for observation totals less than three, observed Medalie. During that same time frame, Medalie said, he and his family found a total of 70 balls in their yard.

The observation report from town staff only reflects notes made by Alba, explained Community Development Director Bud Lortz, adding that he and other council members have visited the site for an extended period of time as well. To his knowledge, Lortz said, no balls were observed flying over to Medalie's house during those times.

The day after the commission's decision, Medalie said he and his wife were considering whether to file an appeal. He nonetheless continues to refute the town staff's findings that the situation does not pose a "significant safety hazard."

"I have my wife and my grandchildren to protect. The people that were hit shows that people can be hit" after all, he said.