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I . I . .' in 1970 (from the improved section of Laurel Way to j¡¡st past the westerly border of Mr. Whitaker's property) including widening the roadway, installing curbs, gutters, \-- sidewalks, utility improvements, and etc. Senior Planner Passanisi said the small segment covered by Mr. Whitaker's proposal was insufficient to overcome the other vacant lots, conditions of narrowness, the steep slopes, etc. He said the proposed solution does not address the bigger picture of what to do with other parcels along Laure! Way, nor does it address the issue of whether the Council should uphold the long established policy. Staff asked Council to uphold the decision of the Zoning Administrator and the Laurel Way policy. 2) Open public hearing; MAYOR HARTNETT DECLARED THE PUBLIC HEARING OPEN AT 9:52 P.M. 3) Hear public comment; Michael D. McCracken, attorney for the appeIIant Bradford Whitaker, 840 Malcolm Road, Burlingame, said there were two aspects to the appeal and referred to the letter he sent to the Council dated March 21,1996, (on file in the City Clerk Department and is hereby part of the record.) Mr. McCracken quoted Senior Planner Passanisi as saying Mr. Whitaker's proposal to build a road on Laurel Way was a partial solution, and Mr. McCracken said that was not accurate. L- Mr. McCracken stressed that the slides showing problems on the Laurel Way roadway used by Senior Planner Passanisi were to the west of Mr. Whitaker's property, and he believed that the facts would show that the problems along the road begin beyond Mr. Whitaker's property line, and by extension beyond the five properties to the east of Mr. Whitaker's lot. Mr. McCracken said that Mr. Whitaker and his five neighbors have committed to build road improvements pursuant to the 1971 plans approved by the City. He said an EIR would reveal that the major issue is roadwork, and said it would be a waste of time and money to require an EIR that would identify an issue that Mr. Whitaker and his five neighbors have already committed to fund. Mr. McCracken said the property owners on the eastside of the line at the westerly part of Mr. Whitaker's property are wiIIing to fund a road in front of their properties, and this is a unique situation. He said accepting this solution would not be a denial of the Council's established policy, but "it is putting a spin on it, it is modifying it, it's amending it to address new facts, new circumstances, i.e. landowners who are wiIIing to fund the only real environmental impact in the area of demonstrable impact, which is the roadway." He added that westerly of Mr. Whitaker's property there was a dramatic increase in slope, AAd that is another distinguishing feature between Mr. Whitaker's property and those to the west. - REGULAR COUNCIL MEETING MINUTE BOOK NO. 54 AUGUST26,1996 MINUTES Page No. 458 PAGE 21