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Another Council Member also expressed interest in a study session with the Planning <br /> Commission on what other communities have done in considering things like individual <br /> neighborhood character, privacy, and property rights. In light of some legal questions, <br /> City Attorney Thompson reviewed the appeal process in detail and confirmed that Mr. <br /> Warsowe was given additional time because a document that was handed out had <br /> incorrect information on it about when he could provide information and it created the <br /> potential for confusion. This Council Member questioned what information that was <br /> provided to them in their agenda packets that had not been seen before (is new), and <br /> Mr. Lyon responded that there were some responses by staff and he reviewed the list of <br /> attachments to the staff report on what is or is not new. <br /> Mr. Warsowe asked if he could respond and this request was denied by the Mayor. <br /> Vice Mayor Aguirre asked, that given the number of homes still being built and <br /> remodeled, how many get to this point of appeal and these types of issues? Mr. Lyon <br /> responded that in his four years of serving as the Zoning Administrator, he has had only <br /> one other project reach this point and that there have been some other appeals at the <br /> Planning Commission level. He said that they rarely get to this point. Vice Mayor <br /> Aguirre said she has seen a lot of beautiful, eclectic homes in the city and she does not <br /> want to discourage building, jobs, and other things that help move the City forward. <br /> Mayor Ira acknowledged that these are hard decisions. He thanked the Planning <br /> Department staff for their work over the years by being involved in outreach and helping <br /> neighbors, and struggling to balance things out for everyone. <br /> M/S Seybert/Aguirre to uphold the decision of the Zoning Administrator based on the <br /> findings and conditions of approval pursuant to the associated Notice of Official Action, <br /> thereby denying the appeal and approving the resolution. <br /> Council Member Seybert spoke to the motion and how the issue about the tree will be <br /> addressed in the future. Other Council comments in support of the motion included the <br /> following: notice of action was clear, the tree and the size of the home fit in and meets <br /> the criteria, privacy concerns can be addressed with good landscaping, using <br /> sustainable materials, looking at what San Bruno does, and encouraging a discussion <br /> with staff regarding assistance provided to the community and being careful in how it is <br /> interpreted going forward, and the need for guidelines and procedures on how and what <br /> staff does and says. <br /> Vice Mayor Aguirre spoke in favor of communication between all sides and the need to <br /> respect each other's concerns and differences of opinion, respect for the freedom of <br /> expression, and the need for developers and architects to continue to work with the <br /> community. <br /> Motion carried by electronic vote 7-0. <br /> Mayor Ira directed the Interim City Manager to follow up with the Planning Commission <br /> for them to review the guidelines and see what other cities' appeal processes are. Mr. <br /> Bell affirmed that he would follow up with Ms. Ekas, Planning, Housing, and Economic <br /> JOINT CITY COUNCIUREDEVELOPMENT AGENCY BOARD November 22, 2010 <br /> MEETING MINUTES PAGE 11 <br /> MINUTE BOOK NO. 63 <br /> Page No. 229 <br />