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CITY COUNCIL MINUTES - July 17, 1985 SPECIAL ORDERS: Item 9. Lands of Nowack (continued): �r M:)TICN SECONDED AMID CARRIED: Moved by Flnhmran, seconded by van Tamelen and gassed unanim+usly to go past the hour of adjournment to 12:30 a.m. Paul Nowack, applicant, apologized for not being present at the previous two public hearings on this matter. In view of the positive staff report, he had not felt there were any problems. Mr. Nowack presented background information on his purchase of the lot and he went through the guidelines for Ordinance 4295 and how, in his opinion, his project conformed to these guidelines. Mr. Nowack also explained the position of the creek on the property relative to the proposed house. Mr. Herbert Kaiser, applicant's attorney, stated that his applicant would be pleased to answer any questions Counci icon had concerning this project. Mr. Kaiser also cremmnted that, in his opinion, certain sections of the guidelines were vague and he did not feel that the Council had substantial evidence for denying the project. In conclusion he asked if this matter could be continued for two weeks to give his applicant the opportunity to meet with staff and possibly Councilneabers to discuss this project, to work through the problems and to hopefully arrive at a solution. The City Attorney referred to his mero on the subject dated 7/11/85 which listed the matters which the Council needed to consider regarding this application. The City Attorney's memo also stated that the Council was required to base its vote on certain findings. In conclusion, the City Attorney noted that the burden of supporting evidence for an application was the responsibility of the applicant. 4. Allison reiterated why the urgency ordinance was put in place and again stated his v reasons why he did not think this project conformed to the guidelines of Ordinance #295. Dronkert referred to discrepancies on the map before then and requested clarifi- cation of the location of the house and the contours of the property. She did not agree that the project met the conditions of siting as stated by the Site Developnent Carmittee. Fuhrnan also coennanted on the inaccuracy of the maps before then. The Planning Commissioner noted that the drawings before them did not amply with Site Development conditions and again stated his opinion that the proposed house was too much development for the lot. He also noted that the Department of Fish and Game had stated certain easements should be maintained; however, the proposed house was taking up a large area of the lot. M7rION SECONDED AMID CARRIED: Moved by van Tamalen, seconded by Puy an and passed unanimously to continue the request from Lands of Nvwack for a special lard use pe2mdt to the next Council meeting. PASSED BY COMMUS: To direct staff to meet with the applicant and his attorney to discuss the request for a special land use permit, to direct applicant to provide up-to-date, correct materials on the project and to request any Councilmenters having questions on this matter to give their input to staff prior to the meeting. Dronkert also requested that Cm nissioner Iachenbruch be present at the meeting and van Tm elen suggested that the Site Development Cmvittee be present. 4 -8-