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Item No. 1 (continued) Craig Collins, 100 South E1 Camino Real, San Mateo, appellant, urged Council to grant the Variance subject to the condition that it be removed by April 1, 1992 or upon sale or transfer of the property whichever is first. In response to questions, Mr. Collins said that he purchased the property in August 1983, stating it was handled privately as a conveyance to him from the original purchasers; that both units are rentals; and that the illegal dwelling has been taxed as a garage. In response to question, Planning Director Patterson said that he is not aware of any health or safety problems or building code violations. Rose Boicelli, 3107 Alameda, said she is the owner of a duplex at 830 and 832 Fulton an an apartment at 809 Fulton, both of which were built in 1953 and garages had to be provided for her buildings. Ms. Boicelli said there are too many cars parked on streets by residents and visitors to the subject property. Mayor Claire invited anyone else present who wished to speak to do so. No one else wished to speak. M /S: Greenalch /Stangel to close the public hearing. Carried unanimously by voice vote and public hearing closed at 7:45 p.m. M /S: Chandler /Bury to grant the Variance conditionally and to allow continued use of the subject second unit for five years or upon sale or reconveyance of the property with the written agreement with the appellant to be recorded and the findings to be as found by the Zoning Administrator. The motion failed on the following roll call vote: Ayes: Councilmen Bury, Chandler and LaBerge Noes: Councilmen Britschgi, Greenalch, Stangel and Mayor Claire Mr. Collins indicated he had other material he would like to present, since his request was not granted by Council, and Councilwoman Laberge asked that he be allowed to address the Council, the public hearing having been closed. Mr. Collins said he was not prepared to present his material immediately and that it would be a legal analysis of whether the Variance ought to be granted, stating his intention would be to determine if a 1964 statute might be relevant in his case. M /S: Greenalch / Britschgi to deny the application for Variance for the subject property at 827 Fulton and to direct staff to take appropriate steps to bring it into compliance within a maximum time period of one year. CLAIRIFICATION: Councilman Greenalch said that it is the intention of his motion to bring the property into compliance giving the owner a year to do so, noting that a new application for the same Variance cannot be heard for one year following denial of the application. The motion failed on the following roll call vote: Reg.Mtg. MINUTE BOOK NO. 47 4/6/87 Page No. 89 Page 2