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<br /> <br />CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, ALAMEDA <br /> <br />RESOLUTION NO. 06-002 <br /> <br />RESOLUTION DENYING CASE PAP-89, THE APPEAL OF HEINRICH <br />FISCHER, THEREBY UPHOLDING THE PLANNING COMMISSION'S <br />DENIAL OF THE APPLICATION FOR A MAJOR MODIFICATION, AS <br />FILED UNDER PUD-85-01-4M <br /> <br />WHEREAS, Heinrich Fischer applied for a major modification to an approved Planned <br />Unit Development (Charter Oaks, PUD-85-01) to allow a retractable canvas <br />awning at the rear of the existing residence located at 1576 Poppybank <br />Court; and <br /> <br />WHEREAS, zoning for the property is PUD-MDR (Planned Unit Development - <br />Medium Density Residential) District; and <br /> <br />WHEREAS, at its meeting of October 26, 2005, the Planning Commission, after having <br />considered all public testimony, relevant exhibits, and recommendations of <br />City staff concerning this application, denied the application; and <br /> <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, the applicant <br />submitted an appeal to the decision of the Planning Commission; and <br /> <br />WHEREAS, at its meeting of January 3, 2006, the City Council received a report from <br />the Director of Planning and Community Development, together with a <br />copy of the staff report to the Planning Commission regarding this matter; <br />and <br /> <br />WHEREAS, the City Council held a public hearing on January 3, 2006, at which time <br />the applicant and other members of the public presented evidence regarding <br />this appeal; and <br /> <br />WHEREAS, after a review of the materials presented, the City Council determined that <br />the PUD major modification is not consistent with the purposes of the PUD <br />ordinance of the City of Pleasanton. <br />