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does fit into the neighborhood, it will improve values, will help Mr. Hempy sell the two lots he cannot sell, and she noted future development of nearby lots. Zack Wasserman added that Mr. Hashemi and his family does plan to live on the property and would be willing to commit to this as part of the pre-annexation agreement including reasonable limits on size so the FAR would not be an issue. Mayor Hosterman closed the public hearing. Vice Mayor Cook-Kallio clarified Parcel 3 would be for Mr. Hashemi and his wife, Parcel 2 would be for his mother and one level after demolition, and Parcel 1 would be for his son. She questioned Mr. Dolan whether or not one parcel could have a second unit on it instead of developing a third lot. Mr. Dolan said he was not familiar with how the County processes second units and it would depend on the size. She clarified that the request is for water and sewer for all three lots. Councilmember McGovern noted that the owner stated there is a pre-annexation agreement for Parcel 2, and she questioned if Mr. Hashemi had sewer. Mr. Hashemi said he was not an engineer, but the center piece has the sewer connection; however, no one has been able to find the pre-annexation agreement. Mayor Hosterman indicated the lateness of the evening, noted Mr. Hashemi was looking for a variance, but this has come up over the years for the Remen Tract and they have been in keeping with the decision-making for properties and within the guidelines of the City's General Plan. It is unfortunate that the property is not annexed and she was not willing to grant the request. In her opinion, she suggested working with the investment made and hopefully Mr. Hashemi would arrive at a land use that works and is in conformance. In her opinion, she thinks it would be arbitrary to grant the variance based upon the history of land use on the tract. Vice Mayor Cook-Kallio said she does not remember making a determination on this area and questioned how there got to be so many other substandard lots in the area. Mr. Dolan stated they are old and approved before the City began its dialogue about maintaining the 10,000 square foot zoning. Councilmember Sullivan said the concern he has is that there is no discretion as to what gets built there. He also noticed 2 people on the petition signed it 3 times each in a row. There are many General Plan policies about neighborhood character and many neighborhoods slowly change and that character disappears incrementally. While 5 feet seems minor, he would not support the request. Councilmember Thorne supported staffs recommendation and said he did not see or hear anything that would make him want to reverse the decision of the Zoning Administrator and Planning Commission. Councilmember McGovern said she believed the applicant might meet requirements of the County and City by making the property two lots with the second home being a second unit, and supported staffs recommendation. Vice Mayor Cook-Kallio stated Option 2 is to approve the request on the condition that the property owner modifies the parcel map so it conforms to the City's R-1-10,000 zoning district. She noted the property owner still has the opportunity to revise the Parcel Map from the approved 3 lot subdivision to a 2 lot subdivision. Mayor Hosterman noted the property owner can return at a later time to request this, as this may not work through planning and the Hashemis will need to make another application. MOTION: It was m/s by Sullivan/Thome to deny the appeal and request for a Preannexation Agreement and for water and sewer connections at 364 Linden Way, in Unincorporated Alameda County. Motion carried by the following vote: Ayes: Councilmembers McGovern, Sullivan, Thorne, Mayor Hosterman Noes: Councilmember Cook-Kallio Absent: None Abstain: None City Council Minutes Page 15 of 18 August 16,2011