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AYES: Mayor Johnson and Councilmembers Casey and Finn NOES: Councilmember Dauber ABSENT: Councilmember Siegel Dauber stated that if this action resulted in returning the land to the natural grade then she would vote for it. However, this was the first time she had heard this statement. 11.3 Request for modification of tentative map conditions for the Matadero Creek Subdivision(Tract#7187)to permit development area of 2,272 square feet in excess of the allowable maximum, Lands of Jain, 28510 Matadero Creek Lane Mr. and Mrs. Jain, applicants,presented a handout to the Council which outlined the development on their lot. Mrs. Jain stated that they were not asking for development area in excess of the allowed maximum. They were asking that the rules be applied equally to all those in the subdivision. She believed either the conditions, covenants and regulations should be applied or Ordinance#305 but not both. According to their tabulations, sixteen of the twenty lots had used the CC&Rs. Mrs. Jain further commented that once they had approval of the development area, they would be preparing and submitting a landscape plan. Bill Riffle, 28525 Matadero Creek Lane, commented that Mrs. Jain was Councilmember Casey's treasurer in the November election and he believed it would be appropriate even if not legally required for Councilmember Casey to step down. The City Attorney stated that this was not a basis for Councilmember Casey to step down from voting on this request. Mr. Riffle went on to refer to the Council approval of the Jain's application for a new residence (Lot 5 -Matadero Creek Subdivision) in February of 1998. At that time a dicussion was held on reducing the floor area to allow for more outdoor living area. At that time the Jains stated they did not need any more outdoor living area. He also noted that at that meeting Councilmember Casey stated that • nothing in the Town's code required a certain amount of outdoor living area. In March of 1998 the Rutner application(Lot 7 - Matadero Creek Subdivision) was approved which allowed an increased development area because his property would have gotten this development area with either of the two interpretations being considered. At this meeting, the Planning Director was also directed to prepare an analysis of the development criteria which would apply to future development in the Matadero Creek Subdivision. Mr. Riffle believed this request by the Jains was an attempt to obtain additional development area before the analysis for all of the subdivision had been approved. Charlie Ellinger, 28520 Matadero Creek Lane, noted that Lot 5 was the smallest and steepest of the lots in the Matadero Creek Subdivision and one that had serious drainage issues. She also commented that both Lots 5 and 7 had been approved early in 1998. To date Lot 7 was framed but there had been hardly any progress on Lot 5. Mrs. Ellinger further questioned the request for this approval without a landscape plan. Bob Lefkowits, 28515 Matadero Creek Lane, commented that.he believed if the Jains were given extra development area the other owners in the subdivision would also request additional development area. He supported waiting until the Planning.Director had completed his analysis. Ginger Summit, 13390 Lenox Way, commented on the total disrespect, disregard and intimidation of people addressing the Council by some members of the City Council. She believed there were some members of the Council who used this public input time as their own private debate time. Mrs. Summit thought this was very intimidating for those speaking and that Council should be respectful of the audience. In response to an inquiry from Casey, Mrs. • March 4, 1999 Regular City Council Meeting 10