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noted that adding so much additional square footage made this house a totally different project from what it had been. He supported the staff and Planning Commission's denial of this project. Dauber agreed with Hubbard. She did not believe that special privileges should be given to one resident. The Town would allow a 4,000 square foot house and the right of way on this lot had not been increased. Dauber did not agree with applicants choosing which regulations they agreed to comply with and when they should become effective. Dauber did not agree with a fire being the reason for allowing one neighbor more development than another. Johnson commented on the uniqueness of this lot and the review of this application by the subdivision's architectural committee. Johnson believed the findings could be made for the variance. Casey agreed with the applicant's request for a variance but the house should be reduced to protect the neighbor's view corridor. Siegel supported the variance for a 4,700 square foot home based on the following: the house was in line with the other homes in the neighborhood; the house must be a single story which did not negatively impact the Baileys'; and this was a modest expansion and remodel after a fire. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to direct the Planning Director and City Attorney to prepare variance findings for approval at the next Council Meeting to allow for a 4,700 square foot home for Lands of Roley, 12200 Winton Way based on the following: house fits in with size of homes in neighborhood; reasonable remodel and expansion after a fire; house must be one story; and house can not �w negatively impact view of the Baileys. AYES: Mayor Pro Tem Siegel and Councilmembers Casey and Johnson NOES: Mayor Dauber and Councihnember Hubbard MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to state that if the Roleys' submitted a redesign of their home, this application would be brought directly back to the Council for public hearing. AYES: Mayor Pro Tem Siegel and Councilmembers Casey, Hubbard and Johnson NOES: Mayor Dauber 11.5 Ordinance amending the Municipal Code to add provisions relating to Code compliance (FIRST READING) Council discussed the proposed ordinance on addressing code violations. Clarifications were made concerning fees to be imposed, process, including obstruction of pathways as a code violation and also adding planned non-operative January 4, 1995 10