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Mayor Hosterman asked for rebuttal from the Appellant and Applicant. David Cunningham, applicant, referred to the story poles and said they are designed to describe height and they are ugly. They were up for so long they were sagging. They made two major changes since they went up and never changed the story poles. He is surprised with Linda Garbarino's comments, as she called it a lovely home and all they did was take off the study and now it is a shed. Regarding 215 Neal being neglected, Ms. Garbarino has no idea of the amount of money he has put into the inside of that house. He will never do anything to the exterior except for paint. He takes this as a direct insult. Fran Cunningham, applicant, felt things are very misconstrued. They have done everything they can and it is opinion and not fact and not right, and she hoped the Council will take the facts into consideration. Brian Bourg, appellant, read a letter of opposition into the record from Dustin Boyes, neighbor at 4512 Second Street, who was at a Boy Scout meeting, regarding 4 points—massing is too big; too many variances; south elevation lacks a decent design; all elevations should have a similar design and if they do not, it puts too much on too little of an area; and voiced non-support. Mr. Bourg said he did not think when Mr. Donahue did the addition had to get a variance when there were no paved streets or sidewalks and he built it exactly looking like the historic part. He noted they also have one variance on their property. He read a letter dated August 18, 1980 from Robert J. Harris, the Director of Planning and Community Development, stating "At their meeting of August 18th, the Board of Adjustment approved your application for a variance to allow the construction of an attached garage to the residence located at 4512 Second Street." He also noted that his arborist said 42 feet is the distance the roots of the tree will go, particularly if there is a house with a basement to the other side. The roots would be trending toward the subject property. The yellow line indicates 42 feet which is the area affected by excavation. All along that area, the section of root could be damaged and the tree ruined, which is a 182 year old Valley Oak. Christine Bourg said in response to what Mr. Vermont, the land use attorney, said, the laws have changed. In no other neighborhood in Pleasanton because they have CC&R's could a second home larger than 1200 square feet be built. Lastly, when Mr. Cunningham said when he stands at Second Street on Neal looking up and he counts the number of historic homes there, he leaves the first block of Second Street, which includes the church, the Case Home, Colin Hardware, or 4 properties. Mayor Hosterman closed the public hearing. Mayor Hosterman said she is even more in favor of this project than she was before starting the hearing tonight. She thinks that the downtown and neighborhoods are extremely eclectic. There is no one cookie cutter look for all homes and buildings. It is that mishmash that she thinks is so attractive. She thinks the Cunningham's have done a marvelous job of trying to meet the neighborhood's overall look and bringing in a new home in the downtown which she feels goes well with the downtown. She thinks anytime there is a project, especially in an older space, there are going to be variances. Also, beauty is in the eye of the beholder and she is trying to be objective about the rules and regulations, but whether people like the home that is being proposed is pretty subjective. She likes it and there are some that do not. She thinks one of the biggest issues she heard tonight was of massing. In looking at other properties on either side of the Cunningham's proposal, there is more massing than in the rest of the downtown area. She actually thinks what is being proposed is to scale with existing massing of the neighborhood. Up and down the street are some fairly large houses; some are larger lots and some are on small lots. She noted that she and her husband had an offer on that property the same time and the Cunningham's offer came in higher, so she knows what the inside looked like. What they have done with it is very nice, and they have done a lot to protect the home. City Council Minutes Page 18 of 25 February 7,2012