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Minutes of a Regular Meeting
November 3, 1993
Town of Los Altos Hills
City Council Meeting
Wednesday, November 3,1993,6:00 P.M.
Council Chambers 26379 Fremont Road
CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Johnson called the Regular Meeting of the City Council to order at 6:05
p.m. in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Dauber, Hubbard,
Siegel and Tryon
Absent: None
Staff: City Attorney Sandy Sloan, Director of Public Works Jeff
Peterson, Town Planner Linda Niles and City Clerk Pat
Dowd
Press: Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
3. PLANNING COMMISSION REPORT
Planning Commissioner Dot Schreiner reported on the October 27th meeting of the
Planning Commission. She reported that for the discussion of the requested site
development permit, conditional use permit and variance for a new firehouse at
Foothill College, there had not been a quorum of the Commission present.
Therefore, they had no recommendation to make to the Council but she did share
some of the issues raised. These included the safety of the access and exiting for this
site, emergency parking, additional square footage for parking, suggestion for a
traffic study to be done, constraints of the lot and input from residents. Of those
present she and Commissioner Sinunu supported this project while Commissioner
Comiso believed a better location could be found. For the discussion on the General
Plan elements a quorum was present and the mineral element of the General Plan
was forwarded to Council with a recommendation for approval. Commissioner
Shreiner also noted that the Planning Commission intended to review the Town's
color board at a future date.
November 3, 1993
Regular City Council Meeting
4. CONSENT CALENDAR
Items Removed: 4.1 (Tryon), 4.2 (Director of Public Works), 4.6 (Dauber), 4.7
(Dauber), 4.10 (Dauber)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously (with Dauber abstaining on 4.43 through 4.46 and Johnson
abstaining on 4.27 and 4.28) to approve the balance of the Consent Calendar,
specifically:
4.1 Approved Warrants: $122,713.85 (10/20/93)
4.3 Accepted Subdivision Improvements - Lands of Varsanyi, 12631
Miraloma Way -- Reso #104-93
4.4 Adopted an alternate method of tax apportionment (Teeter Plan) --
Reso #105-93
4.5 Granted Easement for pathway, Lands of Reddy, 11011 Magdalena Avenue
Reso #106-93
4.8 Dedicated easement for storm drain purposes, Lands of Sacks,
12682 Roble Veneno -- Reso #107-93
4.9 Granted Easement for sanitary sewer purposes, Lands of Beatts,
13021 Alta Lane North -- Reso #108-93
4.11 Volunteer Awards Luncheon - December 3, 1993 - Approved request for
payment of costs for staff to attend ($15 per person)
4.12 Accepted dedication for pathway at 27071 Dezahara Way -- Reso #109-93
4.13 Accepted dedication for pathway at 26970 Taaffe Road -- Reso #110-93
4.14 Accepted dedication for pathway at 26811 Taaffe Road -- Reso #111-93
4.15 Accepted dedication for pathway at 26885 Taaffe Road -- Reso #112-93
4.16 Accepted dedication for pathway at 26925 Taaffe Road -- Reso #113-93
4.17 Accepted dedication for pathway at 26991 Taaffe Road -- Reso #114-93
4.18 Accepted dedication for pathway at 27053 Taaffe Road -- Reso #115-93
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Regular City Council Meeting
` 4.19 Accepted dedication for pathway at 27089 Taaffe Road -- Reso #116-93
4.20 Accepted dedication for pathway at 27271 Ursula Lane -- Reso #117-93
4.21 Accepted dedication for pathway at 27283 Ursula Lane -- Reso #118-93
4.22 Accepted dedication for pathway at 27299 Ursula Lane -- Reso #119-93
4.23 Accepted dedication for pathway at 27200 Deer Springs Way -- Reso
#120-93
4.24 Accepted dedication for pathway at 12800 Lucero Lane -- Reso #121-93
4.25 Accepted dedication for pathway at 12840 Lucero Lane -- Reso #122-93
4.26 Accepted dedication for pathway at 27360 Lucero Lane -- Reso #123-93
4.27 Accepted dedication for pathway at 13685 La Paloma Road -- Reso #124-93
4.28 Accepted dedication for pathway at 13697 La Paloma Road -- Reso #125-93
4.29 Accepted dedication for pathway at 27345 Deer Springs Way -- Reso
#126-93
4.30 Accepted dedication for pathway at 27305 Deer Springs Way -- Reso
#127-93
4.31 Accepted dedication for pathway at 27339 Julietta Lane -- Reso #128-93
4.32 Accepted dedication for pathway at 27349 Julietta Lane -- Reso #129-93
4.33 Accepted dedication for pathway at 27350 Julietta Lane -- Reso #130-93
4.34 Accepted dedication for pathway at 27340 Julietta Lane -- Reso #131-93
4.35 Accepted dedication for pathway at 27272 Byrne Park Lane -- Reso
#132-93
4.36 Accepted dedication for pathway at 27284 Byrne Park Lane -- Reso
#133-93
4.37 Accepted dedication for pathway at 27290 Byrne Park Lane -- Reso #134-93
4.38 Accepted dedication for pathway at 27296 Byrne Park Lane — Reso #135-93
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Regular City Council Meeting
` 4.39 Accepted dedication for pathway at 27299 Byrne Park Lane -- Reso #136-93
10 4.40 Accepted dedication for pathway at 27297 Byrne Park Lane -- Reso #137-93
4.41 Accepted dedication for pathway at 27287 Byrne Park Lane — Reso #138-93
4.42 Accepted dedication for pathway at 27281 Byrne Park Lane — Reso #139-93
4.43 Accepted dedication for pathway at 13731 Paseo Del Roble Drive --
Reso #140-93
4.44 Accepted dedication for pathway at 13701 Paseo Del Roble Drive --
Reso #141-93
4.45 Accepted dedication for pathway at 13641 Paseo Del Roble Drive --
Reso #142-93
4.46 Accepted dedication for pathway at 13631 Paseo Del Roble Drive --
Reso #143-93
4.47 Accepted dedication for pathway at 27369 Julietta Lane -- Reso #144-93
f, 4.48 Accepted dedication for pathway at 27359 Julietta Lane -- Reso #145-93
4.49 Accepted dedication for pathway at 27370 Julietta Lane -- Reso #146-93
4.50 Accepted dedication for pathway at 27360 Julietta Lane -- Reso 4147-93
4.51 Issued Proclamation: Honoring Dr. Martha Kanter, the new President
of DeAnza College
4.52 Awarded Contract, Four Wheel Drive, Agricultural Tractor with a
flail mower attached -- Reso #148-93
Items Removed:
4.1 Approval of Warrants: $122,713.85 (10/20/93)
Tryon commented on the $2,000 expenses shown on the warrant list for the Town
Newsletter. She noted that this did not even include postage and printing. In view
of the confusion and expense regarding this entire project, she suggested the Council
subcommittee meet to discuss the issues involved.
November 3, 1993
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the warrant list dated 10/20/93 in the amount of
$122,713.85.
4.2 Approved Change Order #1 for the Stonebrook Pathway and
Retaining Wall Project
The Director of Public Works noted that the City Manager was out of the office for
an unspecified period of time as their child was due to be born anytime. Since that
was the case and the Director of Public Works did not want to delay this project, he
asked if he could sign the change order.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve change order number one for the Stonebrook
Pathway and Retaining Wall Project and to authorize the Director of Public Works
to sign the change order.
4.6 Request for extension of site development permit for a new residence,
pool and pool house, Lands of Scott, 27860 Black Mountain Road
(continued from last Council Meeting)
Dauber wanted to be sure that this approval would include the condition
` modifications and additions as made by staff. Siegel questioned adding conditions
after approval and was advised by the Town Planner that the new conditions
reflected changes in Town policies such as requiring a dumpster on the site and fire
retardant roofing. The Town Planner stated that the applicant was aware of the new
conditions and Siegel commented that he believed the applicants in such cases
should be in agreement with such changes.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve the request for extension to September 25, 1994 of a
site development permit for a new residence, pool and pool house for Lands of Scott
at 27860 Black Mountain Road subject to the approved conditions of approval with
modifications and additions made by staff.
4.7 Request for extension of site development permit for a new residence,
pool and hardscape, Lands of Wooley, 12375 Melody Lane
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve the request for extension to November 3, 1994 of a
site development permit for a new residence, pool and hardscape for Lands of
Wooley at 12375 Melody Lane subject to the approved conditions of approval and
the added condition requiring a dumpster on the site.
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Regular City Council Meeting
4.10 Adoption of Resolution Establishing Standing Committees and
Adopting General and Special Rules Pertaining Thereto -- Reso
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve Resolution #149-93 establishing standing
committees and adopting general and special rules pertaining thereto subject to the
corrections/ additions made by Dauber on schedule of reporting to Council, Council
liaison attendance at standing committee meetings, meeting with Committee Co -
Chairmen, orientation meeting and the charge of the Pathways, Recreation and
Parks Committee to make a recommendation to Council regarding the committee's
maintenance and capital improvements budget.
5. UNFINISHED BUSINESS
6. NEW BUSINESS
6.1 Mrs. Saviano and Mr. and Mrs. Mohler -- Street Tree Maintenance
Ordinance
Mrs. Saviano, 12620 Corte Madera, addressed the Council with her concerns about
the Town's ordinance on street trees which assigned responsibility for
maintainenance of street trees and shrubs to the property owner. She did not
believe the Town's priorities were in their proper place. As far as economics were
concerned, she thought trees were a higher priority than a float and a handbook.
Mrs. Saviano referred to her letter to the Town on this subject (on file at Town Hall)
in which she stated that she thought the ordinance was confusing and inconsistent.
It required property owners to be responsible for the trees along their property but
the trees were planted by the Town. She believed the Town was transferring public
liability to the individuals and this was not an equitable policy.
Mr. Galen Mohler, 11641 Rebecca Lane, referred to his experience in which a tree
limb fell on his fence. The crew removed the limb but did not fix the fence. Mr.
Mohler stated that the property in question was not in an easement but he had
received a letter from the Director of Public Works stating that it was not the Town's
responsibility to fix the fence. Mr. Mohler stated that the residents are not aware of
this ordinance and they should be. He was advised that the regular maintenance on
the trees along his property would cost him about $3,000/$4,975 and it should be
done every three years. In his opinion each resident of the Town should be assessed
and this should go on the property tax bills. This would be a much more equitable
way to handle maintenance of street trees in the Town.
Mrs. Mohler, 11641 Rebecca Lane, asked the Town for empathy. She referred to the
Director of Public Works' memo about the cost to the Town and the severe impact
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Regular City Council Meeting
~ on the Town's budget of taking care of the trees. Personally she did not think it was
just for them to have to pay $3,000 every three years to maintain the trees along
their property.
Siegel noted that in many communities residents were responsible for the
landscaping and sidewalks along their property. They should not have to take the
initiative however. If a crewmember sees a branch down, etc. they should let the
owner know about it. Tryon suggested that a letter be sent to residents asking them
if they wanted to continue with this ordinance or if they wanted to be assessed and
have the Town's crew do the tree maintenance. Dauber commented that she
thought if one were paying for tree maintenance you would want it for the trees that
you would see in front of your house. Hubbard commented that there was a lot of
misunderstanding and perhaps there should be a letter in the next issue of the
newsletter. He further commented that the spirit of the Town originally focused
around minimal government and this ordinance was consistent with what other
cities did.
The Director of Public Works did note that when it was a question of safety the crew
took care of tree maintenance and then advised the owner. He further commented
that the Town received numerous requests for tree work and if it was all done it
would require quite a bit of time and money.
Ruth Buneman, 12655 LaCresta, stated she was glad to see this ordinance was going
to be clarified. Presently there appeared to be conflict between saying a resident was
responsible to maintain the trees but could not trim them.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to review the street tree maintenance ordinance but before this
review is agendized to place an article in the newsletter educating residents about
the current ordinance and asking for input about this ordinance and possible
amendments to it.
6.2 Discussion of Change of Election Date
It was noted that in 1996 the primary election date was being changed from June to
March. In view of this change the issue was raised of changing the Council's
election date from June to either March or November. Council had before them
information concerning the costs of elections, consolidations of elections and voter
turnout. Johnson stated that he could support changing to March in 1996 to
coincide with the primary and then in 1998 change from March to November. That
way no present Councilmember would be taking advantage of an extension of their
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Regular City Council Meeting
term. He commented that certain residents were already discussing their plans for
running for office next year and he was not in favor of extending the current terms
due to expire in June of next year for five months. He felt this was too long a period
of time. Siegel supported changing to November in odd years. He believed in even
years there was so much on the ballot that local elections were given little if any
attention. Tryon recommended changing the election date to November based on
much lower cost to the Town and higher vote turnout. Tryon also did not support
changing to November in odd years as she believed it could be very confusing if
held the same time as Los Altos' elections. Dauber stated that she did not agree with
changing the election date twice (once to March and then to November). She
believed one change was appropriate. Hubbard referred to the cost as the
determining factor in his decision to support a chnage to November. He noted that
if the Town's election were held in June with no others the cost would be
approximately $76,000.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Johnson and failed due
to lack of a second to direct Council to take no action on changing the election date
which would extend Council terms without first taking this issue to the residents of
the Town for a vote.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed by the following roll call vote to move the General Municipal Election date
for Los Altos Hills from June even numbered years to November even numbered
years, to direct the City Attorney to prepare an ordinance directing such a change
and to agendize said ordinance for Council adoption.
AYES: Mayor Pro Tem Dauber and Councilmembers Hubbard and Tryon
NOES: Mayor Johnson and Councilmember Siegel
Johnson was appalled at the Council majority voting to extend two of the terms
including theirs for five months. He disassociated himself from this motion.
6.3 Appointment to Community Development Block Grant Program
PASSED BY CONSENSUS: To continue this item and to direct the City Manager to
research use of CDGB monies for local programs such as Community Services
Agency.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
C 7.1 Community Relations Committee
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Regular City Council Meeting
7.1.1 Report on Town Float Project
Roger Burnell, Chairman of the Community Relations Committee, had prepared a
report on the float project for Council's information. The report addressed the
float committee's meeting on October 30th and their resolution of certain
issues including location of putting Float together, volunteers and insurance.
PASSED BY CONSENSUS: To accept the report on the 1993 Festival of Lights Parade
dated November 3, 1993 and prepared by the Chairman of the Community
Relations Committee (report on file at Town Hall).
7.2 Pathways Recreation and Parks Committee
7.3 Residential Design Guidelines Subcommittee
7.3.1 Penultimate review of content and layout of draft residential
design guidelines booklet
Tryon stated that she was most concerned about the drawings. She did not believe
they correctly depicted what was appropriate for the Town. In particular she
referred to too much vegetation and too large homes shown on lots. Hubbard
also noted that the principle should be first and then the picture. Council
concurred with this comment. Siegel addressed the issue of safety and
recommended that the guidelines include a recommendation that sprinkler
systems be installed in homes, noting that they will be required in certain
locations. He also recommended that the guidelines include the
recomendation that flammable vegetation be moved back from homes thirty
feet. Dauber reported that a meeting had been scheduled for November 4th to
receive public comment on the guidelines and the document will be brought
back to Council for final approval.
7.4 Town Handbook Subcommittee
Tryon asked for Council input on where the panorama should be sited from for the
cover of the handbook. She also noted that staff was providing additional
information on the draft document to PRX and she would keep Council
apprised of the progress of this project.
7.5 Quarry Subcommittee
Siegel reported the Mr. Vidovich should be filing his application soon and the City
Attorney was working on a letter regarding the quarry project. It was
recommended that Council walk the quarry project for their information.
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Regular City Council Meeting
7.6 Water District Subcommittee
Hubbard reported that he had met with Dan Alexander, member of the Purissima
Water District Board, in an informal meeting to discuss initial ideas concerning
space needs of Town Hall and the Water District. A future meeting will be
scheduled with the City Manager and General Manager of the Water District.
7.7 Library
Dauber reported that a series of meetings had been scheduled by Supervisor
McKenna involving Councils and/or City Managers to discuss library issues.
Presently the tax implications were being researched regarding keeping the libraries
as county or as city. The next meeting was scheduled for December 1, 1993.
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
The City Attorney commented on several projects that were currently pending.
Due to financial concerns she asked Council for direction as to which
projects had priority. Council discussed the projects mentioned by the City
Attorney including in part, vehicle and bicycle ordinance, solicitation
ordinance, street tree ordinance, parking tickets, Town -owned lands,
animal ordinance and zoning ordinance amendments. It was agreed that
the animal ordinance, parking tickets and vehicle and bicycle ordinance
issues would be addressed before the others.
8.3 City Clerk
8.3.1 Report on Council Correspondence dated 10/28/93
9. COUNCIL -INITIATED ITEMS
9.1 Pilot Project for Home Yard Waste Composting (Mayor Pro Tem Dauber)
Dauber reported on a composting project which she had seen at the League of
California Cities which she believed, if it was as successful as advertised, could have
an impact on the volume of the Town's yardwaste. She recommended that a pilot
project be undertaken. She noted that it would cost each person about $37 for a
composter and would involve about 30-50 volunteers who would then fill out
questionnaires.
November 3, 1993
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10
Charles Ledden, Menlo Park, stated that he was a supporter of composting and he
thought it was wonderful that the Council was considering this pilot project. He
described the difference between municipal and backyard composting and also
suggested that the volunteers keep records of their composting to help evaluate the
program.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to approve the pilot program for home yard waste composting
as outlined by Mayor Pro Tem Dauber in concept, to ask for volunteers, to ask that
the program be publicized including an ad in the Town Crier and to appoint Mayor
Pro Tem Dauber as a Council subcommittee on Town Composting.
9.2 Status of Projects (Councilmember Siegel)
Siegel asked for a status of the following projects: 1) when was the solid waste
franchise going to be brought back to the Council; 2) when was the modification to
the Code regarding animal control ordinance going to be discussed by Council; and
3) how was the Town handling taking care of parking tickets? The City Attorney
noted that the solid waste franchise agreement should be coming back to the
Council at the November 17th meeting. Dauber mentioned that Greg Betts of the
Palo Alto Animal Control services was planning to speak at the Senior
Coordinating Council in case anyone was interested.
9.3 Page Mill Road and Christopher's Lane (Councilmember Tryon)
Tryon thanked the Director of Public Works for his work on the Page
Mill/Christopher's Lane access issue.
9.4 Fire District (Councilmember Hubbard)
Hubbard reported that Los Altos was having preliminary discussions with the
Central Fire District, Palo Alto and Mountain View regarding fire protection
services.
9.5 Packard Property (Mayor Pro Tem Dauber)
Dauber commented that the Pathways Recreation and Parks Committee planned to
walk the Packard Property the following Saturday and invited Council to attend.
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
` 11.1 Request for Site Development Permit for new residence, pool and
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tennis court, Lands of Jabbour, 24704 Voorhees Drive
Council discussed this request for a site development permit for a new residence,
pool and tenis court. Siegel stated his primary concern was that the design of this
project left about 148 square feet of development. He was concerned that the
appropriate landscaping, etc. would not be done because of lack of remaining
allowed development area. Dauber noted that the major exit from the home had
no surface area to step on to get to the recreation area. Tryon commented on the
need for good planning - this project did not even include sufficient areas for
walkways. Hubbard was concerned about putting the specific number of square feet
of development area remaining in a deed restriction on the property. That would
mean that each time a modification was made such as reduction of patio size,
another deed restriction would have to be filed. He thought it better to state the
property was close to using all of the allowed development area but not state a
specific number of remaining square feet.
The Town Planner noted that some modifications had been made by the applicant
in an attempt to address Council's concerns. They had reduced the pool and
decking, eliminated part of the patio, enlarged the back patio and replaced driveway
with grass crete.
Randy Robinson, applicant's architect, stated that he had been advised of the Town's
ordinances and had worked within those restrictions. He now found it confusing
that this design which was within the Town's Code was being questioned. He did
note that the pool had been downsized and he further noted that the tennis court
was very important to his clients.
Mrs. Jabbour, applicant, commented that they preferred to have more space in the
house rather than in the outdoor living as she suffered several allergies. She also
stated that they preferred greenery to driveway and did not believe the grass crete
would bring that much mud in the house. Mrs. Jabbour commented that they had
purchased the land and wanted to be a part of the community. However, they
questioned this process they had been through and if they were unable to get
approval for a tennis court on this property they would sell the land. In response to
a question from Council, she did note that they would not object to delaying the
pool.
Mrs. Saviano, 12620 Corte Madera, supported Mrs. Jabbour' request for her tennis
court. They had a tennis court which they used all the time for outdoor recreation.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed unanimously to amend condition of approval number three to read: "Prior
to final inspection a landscape plan including hardscape shall be submitted for
approval by the Town Council. The Council may require a bond, a landscape
maintenance agreement, or other security to assure that the approved landscape is
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planted and maintained. The landscape plan shall include one 24 -inch box oak for
each oak six inches or larger which is removed from the site. In addition,
appropriate planting shall be placed around the tennis court, pool if approved and
residence to screen them from surrounding properties. The pool is not approved.
The Council will consider the pool at the same time as the landscape plan is
considered. The Council wants to be sure there is adequate development area for
landscaping and hardscaping before approving the pool. In addition condition
number four shall state that a debris box shall be placed on the site and condition
number 10 as recommended by the Planning Commission shall be deleted.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to approve the request for a site development permit for a new
residence and tennis court for Lands of Jabbour at 24704 Voorhees Drive subject to
the conditions of approval as recommended by the Planning Commission and as
amended by Council and with the direction that the landscape plan and/or pool are
brought back directly to Council for review.
11.2 Request for Site Development Permit and Variance for a new
residence, Lands of Yanez, 26879 Moody Road
�, Hubbard stated that he had appealed the Commission's denial of this application
because it had been a 3 - 2 vote of the Commission. He felt the Council had taken an
active role in this project and he believed Council should hear the application.
Council had before them the Town Planner's staff report which noted that the
Yanez project before Council exceeded the previously grandfathered in
development area of 9,995 square feet by 1,811 square feet and would exceed the
allowed maximum floor area of 4,000 by 1,893 square feet. Due to these amounts the
Commission recommended that the applicant either file a variance request or
redesign to meet Town standards. The Commission denied the variance request
stating they could not make the necessary findings.
Council discussed the application before them. Hubbard asked the difference
between the footprint of the house and what was there before the fire. Tryon asked
how many square feet were confirmed in the pre-existing home and also asked if the
applicant was planning to build the same house. Was he requesting a larger home
than what had been there? Dauber stated her concerns about having the three
bedrooms in the basement of the house. It did not seem like good planning to have
the bedrooms in the basement looking out to a retaining wall.
Mr. Yanez, applicant, in response to Hubbard's question, stated that the footprint
was moved eight feet toward the back of the lot. This was done on the
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`.
recommendation of his engineer not because he wanted a larger house. The
engineer had stated that it would be structurally sounder to move the footprint. In
response to Tryon's questions, Mr. Yanez stated that he was increasing the footprint
but it was essentially the same footprint as the original one. Mr. Yanez gave a
history of this application, addressed the slope on his property and explained why he
believed the findings necessary for a variance could be met. He also stated that the
retaining wall in the project was an attempt on his part to comply with the
ordinances.
Jim George, 27161 Moody Road, Walter Ayers, 26969 Moody Road and Rebecca
Hickman, 27140 Moody Road all addressed the Council in support of the Yanez'
application. They noted that they were all familiar with the house before the fire,
the proposed new plans and they were looking forward to the Yanez being able to
get on with their plans.
Mrs. Yanez, applicant, stated that the plans she submitted in March did comply with
the Town's ordinances. They did not include the third Floor and were certainly not
over the allowed development.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Hubbard and failed due
to lack of a second to approve the site development permit for a new residence for
Lands of Yanez based on old topography map extrapolation, prior interpretation of
ordinances and design with retaining wall.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Tryon and failed due to
lack of a second to direct staff to allow the applicant, in view of the difficulties in this
application, to use the liberal interpretation of the basement ordinance and the new
extrapolation of the topographical map and to direct him to work with staff toward a
resolution of the issues and bring the matter back to Council.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and
passed unanimously to allow the applicant to use the exact number of square feet for
the new house as documented in the original house plans even though some of the
square footage may not have permits on file. This redesign of the house will be
brought back to Council for review.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to deny the request for a variance for a new residence at 26879
Moody Road.
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November 3, 1993
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12. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 10:45 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the November 3, 1993 Regular City Council Meeting were
approved at the November 17, 1993 Regular City Council Meeting.
November 3, 1993
Regular City Council Meeting
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