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Item No. 4 (continued) Ben Hatfield, 25619 Darling Way, Los Altos, asked to be allowed to proceed with construction of a family home at 3737 Laurel Way as anticipated in 1982, stating he has confidence in the stability of the soil. Jeff Wilson, 9548 E1 Camino real, a geotechnical engineer employed by the U.S. Geological Survey, described his observations of the property, stating the area appears stable. Marilyn Hatfield, stated for the record that there is no ten -foot bank in front of the subject property and urged Council to allow the requested development. In response to question, Mr. Addiego said that John Scott, property owner adjacent to the Hatfields, made his letter application to Council on February 25, 1985. Councilman Rhodes requested, and there being no objection, Mayor Britschgi ordered that the properties of the Hatfields and the Scotts will be considered separately. M /S: Rhodes /Mosher to approve the request of Ben and Marilyn Hatfield and to allow them to build on their lot at 3737 Laurel Way, since Mr. Hatfield is a builder and has expertise to determine the safety of the land, and since it is believed he would not move his family to that property, if he believed it to be unsafe. CLARIFICATION: City Attorney Schricker noted that the motion does not grant any entitlement to the Hatfields, but makes the preliminary determination that with regard to feasibility of building on the lot, there is no reason to preclude the filing of an application to build there. Councilman Chandler stated for the record that he has great sympathy for the Hatfields, but notes that the Zoning Ordinance now requires a 51,000 sq. ft. lot for property with a slope as steep as that of the subject property which is only an 8,000 sq. ft. lot, so safety must be questioned; that the potential liability to the City is not being addressed by the motion; that the road problems cannot be solved; and that in the future prospective developers of similar steep lots in the City will attempt to make the proposed action a precedent. The motion carried on the following roll call vote: Ayes: Councilmen Bury, Claire, Mosher, Rhodes, Stangel Noes: Councilman Chandler and Mayor Britschgi MINUTE ORDER NO. 86 -12 Stan Elliott, 1157 Saratoga Road, San Jose, architect employed since 1984 by John Scott for design of a home on Laurel Way adjacent to 3737 Laurel Way, said that geological engineers have found the property to be safe for building, noting that he understands the Scott property is the last which can be served by the sewer line. Reg.Mtg. 1/20/86 Page 5 MINUTE BOOK NO. 46 Page No. 149