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display the overlays which was complied with. Mr. Halch stated <br />that he felt the proposed plan tonight was basically the same as <br />the one presented at the previous meeting. It was his opinion <br />that no agreement had been reached between the Blacks and the <br />Assn. He said it was a prime concern that the knoll be <br />preserved where the contours come down to the natural slope. <br />Mr. Balch showed the amount of the cut on the blue plan and the <br />yellow plan. He stressed that he has a number of problems with <br />the proposed plan but that he is still willing to work with <br />Mr. Black and the staff. <br />Commissioner Hovingh asked if the viewshed and the retaining <br />wall would be visible from the Balch home. Mr. Balch said he <br />could not speak regarding that because of the lawsuit. <br />Chairman Hoyt asked Mr. Balch whether 2/3 vote was agreed on by <br />the Assn. Mr. Balch said it was his opinion that Z/3 had denied <br />the proposed plan. <br />Commissioner Mahern asked Mr. Balch if he had any problem with <br />the house itself. Mr. Balch said the only problem has always <br />been the total cut on the top of the knoll and taking it down to <br />a fiat yard when it is a hillside lot. <br />Michael O'Callaghan, 8 Grey Eagle Ct., President of Grey Eagle <br />Homeowner's Assn. displayed a rendering of the project. He <br />stated that it takes 14 votes of the Homeowner's Assn. to make a <br />major modification. It was his opinion that Mr. Black had never <br />received i4 affirmative votes for any of the proposals. He <br />explained that the CC&R's are approved by the City and that the <br />Assn. does its best to abide by these. He stressed that the <br />applicant's proposals at this time do not have the Assn.'s <br />approval. Mr. O'Callaghan stated that he is a contractor by <br />trade and has had much experience with hillside grading and that <br />what the applicant is proposing is not feasible. He noted that <br />at one time a water tank had been proposed to be put on the <br />ridge by a Mr. Boatwright which the Assn. was also not in favor <br />of. He stated that he has built 8-lU hillside homes in <br />Pleasanton with good results. He displayed a rendering of what <br />he felt would be workable. He said that what Mr. Black <br />presented tonight was not what they discussed at the meeting and <br />felt they must get together again. He felt Mr. Black's plans <br />were not feasible from a grading standpoint and the fact that <br />from his windows all he would be able to see is the Black home. <br />He felt the house plan was not appropriate for the area. He <br />said he has offered repeatedly to pay for outside engineering <br />regarding the grading. He asked that the Commission not approve <br />the proposed plan as submitted tonight. <br />Mr. Black returned to the podium. He was distressed about a <br />number of comments made tonight from Mr. Balch and Mr. <br />O'Callaghan and felt that he had tried to work honestly with <br />them. He felt the only obstacle regarding the approval of his <br />proposal was the Homeowner's Assn. He disputed the comment that <br />Page 4 <br />