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CITY COUNCIL NIIlV= - October 17, 1984 D. SPECIAL ORDERS (continued): v 2. Public Hearing: a) Appeal of Variance and Permit Commission's denial of Variance for JAMS OF BAIWOR, 28110 Story Hill Lane (pool equipment location) The Staff Planner presented her staff report dated 10/12/84 which included the staff recamiendation that Council adopt a motion denying the applicant's request for a variance to encroach fifteen feet into the west setback and six feet into the south setback for placement of the pool equipment. Mr. John Barbour, applicant, presented a brief background concerning the building o the house, the relocation or the pool equipment and his lack of knowledge of the ramification of such action without Tam approval. He further noted that most recently he thought the Planning Cru mission would receive new information concerning the placement of the pool equipment in a timely manner; however, he had been traveling abroad and had not been aware of the delays. Mr. Barbour explained his rationale behind the placement of the equipment emphasizing his main concerns, i.e. least impact on the trees on the property and the hydrolic issue. Hardesty Iandsca Architects each explained why in their professional opinions e variance for the pool equipment should be granted. Their presentations also included a discussion of the present locations of the pipes and the trees. Judy Bogard 3003 Country Club Court - Palo Alto, addressed the Council about the variance application before them. The equipment was presently located one foot from her property line. It was noisy and a definite impact on their living situation. She had had discussions with Mr. Barbour and both had agreed on the placement of the equipment fifteen feet from the property line with the stipulations that the equipment would be sound insulated and properly landscaped. Mrs. Bogard particularly emphasized that this matter had been going on for several months and she was most anxious to see it resolved. MDTION smamm AMID FAILED: Moved by Dronkert, seconded by Fuhrman and failed by the following roll call vote to grant a variance for Lands of Barbour of 15 feet in the setback for placement of the pool equipment. AYES: Mayor Pro Tem Dronkert and Councilmember Fuh roman NOES: Councilmembers Ryden and van Tamelen ABSENT: Mayor Allison M ICN SECONDED AMID WTTRDRAYN: Moved by van Tamelen, seconded by Rydell and with- drawn to deny the applicant's request for a variance for Lands of Barbour because it does not meet the requirements for the granting of a variance. MDTION. FAILED DUE TO LTCB OF A SECOND: Moved by Dronkert to refer the application for a variance for Lands of Barbour back to the Planning Commission. =ION SECONDED AMID CARRIED: Moved by Fuhrman, seconded by Dronkert and passel by t the following roll call vote to approve the variance for Lards of Barbour, 28110 Story Hill Lane, of placement of the pool equipment fifteen feet into the setback area with the stipulation that a $2,000 landscape deposit be paid to ensure appropri- ate landscaping around the pool equipment. Mpa