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Councilmember Radford asked about the whether the applicant created this <br />current situation with the lots from his own making and that the Council is not <br />obligated to grant any variances. <br />City Attorney Mattas said the argument is that at one point, Mr. Linebarger <br />owned all three lots, that by selling the middle lot, it created the two smaller lots <br />and the lots could not be brought together. The argument made by one of the <br />speakers is citing to the language of the municipal code which says that the <br />City would not grant a variance when the circumstances are of the making of the <br />applicant. State law does not contain the language "made by the property owner," <br />so the Council should look at the standard variance findings, conditions of the lots <br />which create the necessity for a variance of some form. It doesn't constrain the <br />Council in the type of variance granted, but the fact that he sold the middle lot is not <br />independently a basis upon which to deny a variance. <br />Councilmember Corrigan said that the two topics should be separate and would <br />like to deal with the appeal independently of the alternative designs. As the <br />Planning Commission is the designated body to review plans, she would want them <br />to review the new proposals and go through the regular due process for <br />properties. She was not in favor in approving or negotiating alternative plans and <br />stated that they should go back to the Planning Commission in order to give the <br />public an opportunity to make comments on proposed alternatives. Regarding the <br />• appeal, she would continue to uphold the Planning Commission's direction to deny <br />the current plans that were submitted. <br />Vice Mayor Waldeck said the Council's job is to assess what is presented in terms <br />of design and decide if appropriate for community. It is nice to know that other <br />homes in the area do not confirm to Los Altos Hills, but comparisons to other <br />properties is not germane. The Council makes decisions based on Town rules, not <br />County rules. He said the problem is with the lot shape and the Town has any <br />number of parameters that a house can be defined, but is constrained by the lot. The <br />Council's job is to decide how the property fits within the Town's guidelines. He <br />encouraged the applicant to engage with the Planning Commission to receive their <br />ideas. <br />Councilmember Radford expressed hope that all parties can get to a point where <br />something can be built on these lots. He said the applicant needs to work with the <br />Planning Commission. The revised alternative designs may have some merit, but <br />requested the Planning Commission review as that is the process in Los Altos <br />Hills. He spoke in support of upholding the Planning Commission's denial. <br />City Attorney Mattas said that if the Council wants to send the matter back to the <br />Planning Commission, then the Council could do so with a motion based on Mr. <br />Linebarger submitting his updated plans. The Council would not have to take <br />• action on the appeal tonight as it would be stayed. He asked that the applicant <br />confirm on the record that no action on the appeal needs to be taken tonight if they <br />return the matter to the Planning Commission. <br />5 <br />City Council Special Meeting Minutes <br />August 25, 2016 <br />