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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 80-297 <br /> <br />RESOLUTION GRANTING THE APPEAL OF THE CITY COUNCIL OF <br />THE DECISION OF THE BOARD OF ADJUSTMENT APPROVING THE <br />APPLICATION OF MR. AND MRS. ROBERT VAUGHN FOR A VARIANCE <br />TO SECTION 2-5.35 OF ARTICLE 3, CHAPTER 2, TITLE II OF <br />THE ORDINANCE CODE OF THE CITY OF PLEASANTON <br /> <br />WHEREAS, <br /> <br />at their meeting of October 8, 1980, the Board of Adjustment <br />approved the application of Mr. and Mrs. Robert Vaughn <br />for a variance to allow a room addition which would <br />encroach into the required rear yard setback; and <br /> <br />WHEREAS, this matter was appealed by the City Council; and <br /> <br />WHEREAS, the matter was considered by the City Council on <br /> November 25, 1980 and was open to a public hearing; and <br /> <br />WHEREAS, <br /> <br />it was moved by Councilmember Kephart to grant the <br />variance and to deny the appeal of the City Council of <br />a decision of the Board of Adjustment in approving the <br />application of Mr. and Mrs. Robert Vaughn for a variance <br />to Section 2-5.35 of Article 3, Chapter 2, Title II of <br />the Ordinance Code of the City of Pleasanton; and <br /> <br />WHEREAS, <br /> <br />the motion failed by a vote of 2-3 (Butler, Mohr and Wood <br />dissenting) due to the inability of the dissenting members <br />to make the statutory findings necessary for granting a <br />variance. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: The appeal of the City Council is granted and the <br /> variance request denied based on the fact that Council <br /> cannot make the findings necessary to approve the variance <br /> for construction at 4950 Black Avenue in that there are no <br /> special circumstances relating to the property supporting <br /> such a grant of variance. <br /> <br />Section 2: This resolution shall become effective immediately <br /> upon its passage and adoption. <br /> <br />THIS RESOLUTION ADOPTED ON NOVEMBER 25, 1980 BY THE FOLLOWING VOTE: <br /> <br />City Attorney <br /> <br /> <br />