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Arthur Lantz and Richard Harris, attorneys representing Faith, Donald and Adea Fong, appellants, asked Council to grant a variance to permit the third unit on this property. Mr. Lantz advised that the property was represented as three units to the Fongs when they bought it in June, 1990, the San Mateo County Assessor's office had it listed as three units, and its use conformed to neighborhood standards. In response to Council questions, Mr. Harris advised that the Fongs were asking for a variance to have the Council decide if the third unit was a legally non-conforming unit, as the status of that third unit would be an important determinate of the value of the property if or when the Fong's decided to sell the property. Mr. Lantz advised it was impossible to determine when the third unit had been added to the legally constructed garage. I Faith and Donald Fong explained that after the purchase of the property and in the course of having some electrical work done on the main house they were advised by the electrician that there were insufficient meters for a third unit. They then sought legal advice to determine if the third unit was indeed a legal unit as it had been represented to them. Councilmembers discussed the well maintained appearance of the property. In response to Council questions Mr. Passanisi advised that the third unit was illegally constructed, and the resulting three units did not conform to zoning requirements, including minimum lot area, lot width, and inadequate parking. In answer to Council's question regarding how the third unit could be made legal, Mr. Passanisi advised that under the current zoning ordinances and the size of the lot it could not be done. Mayor Buchan asked if anyone else wished to speak. No one else came forward. ¡ M/S: LA BERGEIGASPARINI TO CLOSE THE PUBLIC HEARING MOTION CARRIED BY UNANIMOUS VOICE VOTE AND HEARING CLOSED AT 8:42 P.M. MINUTE ORDER NO. 93-161 In response to Council questions, City Attorney Schricker advised that in order to grant the variance Council had to find that this property was different from others in the neighborhood and deserved the grant of a special privilege. Council discussed the purpose of zoning laws and the concern for setting a precedent that would result in more requests for variances from others in the same neighborhood. MIS: LA BERGE/SANFILIPO TO DENY THE APPEAL OF THE ZONING ADMINISTRATOR'S I DENIAL OF A VARIANCE TO ALLOW AN ILLEGALLY CONSTRUCTED THIRD UNIT AT 1385 HUDSON/663 POPLAR MOTION PASSED ON THE FOLLOWING VOICE VOTE: AYES: COUNCILMEMBERS GASPARINI, GREENALCH, LA BERGE, SANFILIPO AND MAYOR BUCHAN NOES: COUNCILWOMAN STEINFELD MINUTE ORDER NO. 93-168 Regular Meeting Minutes MINUTE BOOK NO. 51 July 26, 1993 Page No. 484 Page 4 - - --.- - --- - .. ~- .-- - - --. -.- -.- -- - -- -. -- . .- -- --- ---. - --- - . ..------ - ---