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CITY COUNCIL MINUTES - November 15, 1982 B. MATADERO CREEK SUBDIVISION: Item 2. Lot #18 (continued): `' Council discussed the plans before them and the contingencies requested by the potential buyer. Particular emphasis was placed on the request to increase the height limitation from 550' to 560'. John Knox-Seithe, 27741 Via Cerro Gordo, recommended that the Council reject offers if they were continaent on exceptions being made to the CC&Rs. In his opinion the CC&Rs were a safequard to protect the present owners, the Town and interested buyers and also protected the rural atmosphere of the Town. Mr. Knox-Seithe further noted that the plans before Council had not been available for review by concerned residents. Frank Saul, 27977 Via Ventana, suggested further study of the plans for Lot #18. Mr. Saul expressed concern about the increase in the height limitation to 560'; however, in response to a question from Allison, Mr. Saul noted that he did not see a problem with an increase to 555'. The City Attorney stated that if Council agreed to any changes in the CC&Rs, the present owners should be duly notified. He further commented that the possible actions by Council included acceptance of the offer, rejection of the offer or the presentation of a counter-offer; no commitments by Council were being made in advance. Planning Commission Representative Michael Stewart commented on the philosophy of the Town and stated that the original limitations placed on MDA and height had been imposed for specific reasons. Emphasis had been placed on the rural nature of the Town. Commissioner Stewart expressed concern that with all of the changes being made for each lot, there appeared to be a lack of planning involved regarding the subdivision. NW MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani- mously by all members present to request the Acting City Manager to present a counter-offer for Lot #18 including the following recommendations: The agreement contingent upon buyer submitting to the Town a modified preliminary site plan by 11/19/82 and upon buyer getting preliminary approvals from the Town no later than 11/22/82, as follows: a) Matters considered and submitted by Lot Review Committee: extension of construction beyond building circle; extension of construction into landscape easement; increase in height limitation and increase in MDA for residence, tennis court, pool and miscellaneous improvements; b) Acting as Architectural Committee, Council to decide upon information submitted by buyer no later than 11/19/82 regarding color of residence and landscape plans. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to schedule a Special Council Meeting for Thursday, November 18, 1982 at 8:00 a.m. to conduct a closed session for personnel. MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed unani- mously by all members present to schedule a Special Council Meeting for November 22, 1982 at 3:30 p.m. to review Lot #18, Matadero Creek Subdivision. -2-