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Tom Boyd, applicant's architect, explained to the Council how the house had been redesigned in a manner which they believed was in accordance with the Town's Codes. With the large rooms and high ceilings they were pushing the height evelope so they requested a variance to go one foot below the great room. This had no affect on the outside of the home. As it turned out after reviewing the plans just today Mr. Boyd realized they could actually use another 6 - 8 ". Therefore, he asked if Council could consider this request for an additional 6-8" above ground. The City Attorney pointed out that this additional request could not be discussed by Council as it had not been included in the noticed public hearing. Dauber questioned the first finding which stated that the finding could be made because the property exceeded nine acres. She questioned how this could be enforced in the future (keeping the lot nine acres) and wanted any future owner to know about this condition by having it recorded. Casey did not think Council should even be discussing this issue. The request had no impact on the outside of the house. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to approve the request for a variance for the great room only to allow maximum heights of 36 feet and 28 feet, where 35 feet and 27 feet, respectively, were the maximum permitted, for a new residence based on the findings in Exhibit B. AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel NOES: Councilmember Dauber 11.3 Request for an amendment to the conditions of approval for a Site Development Permit for a secondary unit approved October 9,1996, Lands of Carsten, 13761 La Paloma Road The Planning Director's staff report included an outline of the issue before Council. The applicant was requesting deletion of the condition which required dedication of right of way which would reduce the lot to less than 1 acre. In conformance with the Town's road right of way policy, all arterial and collector streets (La Paloma was a collector) shall have a right of way width of sixty feet. Such parcels of less than one acre, however, were recognized as legal lots for development subject to certain planning limitations, and other properties in Town had been required to make such dedications of right of way. Lala Carsten, applicant, stated that she had purchased the lot 33 years ago in part because if was a one acre lot. In fact she had lived in Town prior to its incorporation and noted that the Town was incorporated to protect its one acre zoning. She questioned where this dedication of land might end. Furthermore, while she was not Regular City Council Meeting January 15, 1997