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C� 1 file for Council consideration the Coi�ncil did not have any �urisdiction to act on it. The result is trat the action of the Gouncil in er_acting the resolution is void. Since this is the case� he recosr- , mended that the matter be removed from the a�enda and no further Council action b� takPn unli�;r a:�.,;f y_y,a. � is signed as required by the �ap Act, and f�led ivith the City Clerk for Coun�il �ction. Thef� � f Y .y . of Councilman Weiss lost on tie vote with Councilmen Stout� �'teiss and We;Tmouth voting yes, �i�# � . '"� Granger� Spillers and �ayor pro-�zm HerknPr vot;i_ng n4� and �ayor Royer being noted absent. Councilman Granger moved that if tne map is in order and in legal form that they accept the ma�p. Counei]man Granger �ras informed that t.hey had accepted the map. He �i�hdrew his moti�n. Mayor pro tem Hexkner ruled the resolution aut of order due to the fact that the map had not been signed and presented to the Council. Councilman Spillers asked the City Attorney if they could approve and offer the resolution subject to the City Engineer signing the map the next day. The City Attorney stated that since the record shrnrs they did not have arry map before them or on file it was impossibZe to act on it. The �ayor pro tem stated +.,hat his ruling is still in force and bas�d on the City Atto�ney�s ruling the action o.f the ' C rn�ncil with reference to the map is void. ' REQUFST FOR VAftIANCE, PRC�ESSION OF'FICF�S AT 39 BIRCH $TR�T� TO ALLOU� 5� REAR YARD SET-BACK. Recommended by the Planning Commission. The Planning C�rrunission based their recorrmiendati�n on the follar�ring: l. Exceptional ciscumstanees applied to the building; 2. Granting of variance is necessary for preservation and enjoyment of substantial property ri�hts; and 3• Granting of such application will not materially affect adversely the health or safety of persons residing or �rorking in the neighborhood and �i11 not be rnaterially detrimental to the public welfare or injurious to property in said neighborhood. Cauncilman Spi11�rs moved approval of the Planning Commission�s recommendation� �'econded by Councilman We;Tmauth. Couneilman �Peiss was of the opi.nion that the Council sho�zld �ive considexation to t he nos- sibil7.ty of checking into the or3inance with regard to the set�-backs because of the number of people in this area sk�ng for a va.riance on the set-ba�cks. Councilman Gra�er asked the Fire Chief f or his opinion on the variance. Chief Lodi was of the opinion that because of the t,ype of huilding and the t�rpe of construction in the area he could see no reason why �hey shauld not allaa the variance. There wouldn't be anyone living in the building and since the building is onl�� onP story higY: he had I no ob3ections. Counci]man Spillers offered the resolution, seconded by Councilman We�mouth, The City , Attorney stated that he should be requested to draw up the necessar,y resolution. Councilman Spillers mov�d that the City Attorne,y prepare the necessary resolution for the nex.t Council meeting� seconded by Cou�cilman Weymouth� and carried on roll call� C ouncilman Royer being noted absent. EATON ARANOR SUBDNISION, APPROVAL OF FINAL MAP SUBJECT TO CITY ENGINEERtS CONDITIONS. The Pla.nning Co�n- ; �„ mission recommended approval aftnr the City �n.gineer�s recomr:lendations and the requirements of the � Sub division Ordinance have been met and that the map be forwarded to t he City Council. The Clerk read the f ollo�ring letter fram the City Engineer: � The final map of Eaton �anor Subdivision has been approved by the Citv �hgineerts office� and by the Planning Commission on September 10. Inastnuch as this item was not on the Planning Corranission Agenda for that date� no recommendation from the City �ineer�s office was requested or considered. The �,,,,,, Planning Cormnission approved this map subject tc� compliance with requirements of the City Engineer. � The only improvement plans for this subdivision s�zbmitted to date are for sewer mains and sewer later- als� on the assumpt�on that t�is subdivision will be disincorporated from Redwood City and annexed ta the City of San Carlos. Mr. Edrrin H. Smith� City EnginAer f or San Carlos� advises that San Carlos has � nat received a copy of the pronose� final r��p of this subdivision� and thus has taken no official action a� to approval of the f2na1 rn�p, or as to any agreFment to annex this area to San Carlos. It is our recczmmendation that approTaal by the Redwood City Coun,^,iI should be based upon the follc�ering conditions: . . ' (Z) Furnis�:?ng of performance hond� la��or and material bond� �nd �gre�ment bet�seen the subdivider anci �I�e Cit,y of Red�ood City to guarant,ee the construction cf fu11 stre�t impravements an that portior. of -,�,4. .....-_� . .. -- .._..,.�� . .�.�£��.,�„�,,,,.�,��,��-