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CITY COUNCIL MINUTES - November 15, 1978 <br />F. GENERAL ORDERS & UNFINISHED BUSINESS: <br />1. Variance Request, LANDS OF AVENI, File VAR #7051-78. <br />Mr. Nowack, Applicant's Engineer, outlined his letter of November 8th in <br />response to the six Code conditions required for granting variances and <br />referenced the work to be accomplished in agreement with the neighbor. <br />Mr. Syed, Summerhill Avenue, further described the legal agreement being <br />worked out between he and the Applicant to resolve disturbances from the <br />already constructed tennis court. <br />Councilmembers expressed their concerns as to: (1) The utilization of a <br />Variance to resolve this violation; (2) Demonstrated agreement in the <br />neighborhood on the court; (3) The tennis court placement versus what the <br />site would allow; (4) Impacts resulting from an order to remove the court; <br />(5) The unique merits of this request; (Whether the granting of this re- <br />quest would be precedent setting;)and, (6) Penalty provisions available. <br />MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by <br />Mayor Hillestad and passed by the following roll call vote to grant the <br />Variance, LANDS OF AVENI, File VAR #7051-78 subject to a penalty as im- <br />posed by the City Manager. <br />AYES: Mayor Hillestad, Councilmembers Nystrom and Proft. <br />NOES: Councilmembers McReynolds and Perkins. <br />G. NEW BUSINESS: <br />v The City Manager advised of the property gift deeded and the waiving of <br />certain fees for LANDS OF RANCHO MURIETTA, Tract #6209, which needed <br />Council action. Councilman Proft questioned the incomplete status of <br />certain work on this project. <br />MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by <br />Councilman Nystrom and passed by the following roll call vote to continue <br />the waiver of fees request to the next meeting in order that Staff might <br />ascertain that monument setting and any other work was completed on this <br />subdivision. <br />AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom and Proft. <br />NOES: None. <br />ABSTAIN: Councilman Perkins. <br />The City Attorney outlined the complexity of the case of Fink versus Los <br />Altos Hills, the recent decision in favor of the Town and appeals that <br />might be forthcoming. <br />Councilman Nystrom asked that the new City Engineer be appointed as Rep- <br />resentative to the Northwest Flood Control District for the Town and con- <br />sensus was in favor of this request. <br />Councilman Proft opened discussion on Saddle Mountain Estates with Council <br />determination that Staff reply by letter to interested residents concerned <br />with this problem. Thereafter, the City Engineer provided an update on the <br />work progression on winterization for the subdivision and answered Council <br />questions as to drainage. <br />-5- <br />