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Dennis Sullivan, potential buyer, addressed the Council with the <br />following two issues: who was ultimately going to be responsible <br />for future repair work and could he get some assurance from the <br />Town that the garage would not have to be removed. <br />The City Attorney noted that the Town had granted a Site <br />Development Permit and could not require the removal of the <br />garage. If the sewer line were located, the City Attorney <br />recommended the paper easement be changed to reflect this <br />information. <br />b) Request from Mr. Garber for temporary <br />encroachment on the cul-de-sac of <br />Horseshoe Court for a fence <br />The City Manager reported that a request had been received from <br />Mr. Garber to install a temporary security fence across Horseshoe <br />Court. He was making this request as his construction job trailer <br />had been vandalized. <br />MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van <br />Tamelen and passed unanimously to authorize Mr. Garber to <br />construct a temporary security fence across Horseshoe Court at <br />the entrance to the bulb of the cul-de-sac with the condition <br />that the fence be removed by Mr. Garber prior to final inspection <br />of the buidling under construction. <br />c) Lands of Babayan, Atherton Court, consid- <br />eration of Town Ordinance violations <br />Due to a possible conflict of interest, Councilmember Tryon <br />requested permission to remove herself from the Council table for <br />discussion of the Lands of Babayan. Councilmember Tryon received <br />permission from the Council and resumed her place at the Council <br />table when discussion of this item was completed. <br />The City Manager referred to his 8/1/86 staff report which <br />included the report that the house on Lands of Babayan is <br />approximately ten feet closer to the property line than shown on <br />the site plan granting a special land use permit and is 1'8" <br />higher than weu4-d--be*allowed under the special land use permit. <br />The different location of the house may be considered by Council <br />as a significant modification of the special land use aproval and <br />the increase in height does violate a Council direction that the <br />height of an approved special land use permit will not increase <br />by more than one foot without prior approval by the Council. The <br />City Manager's report included the following two options <br />identifiable by staff: 1) require that the slope of the roof and <br />therefore the height of the structure be reduced to the maximum <br />extent possible or 2) direct Site Development Committee to <br />require appropriate measures to mitigate impact on neighbors from <br />the change in development. (The City Manager's report including <br />the 7/31/86 City Engineer's report and the 7/31/86 Engineering <br />` Technician's report are on file at Town Hall.) <br />*had been (AMENDED BY COUNCIL 8/20/86) <br />-8- <br />