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ATTACHMENT 5 PUD-61, Emil Oxsen and Kathleen Morrison Application for a Planned Unit Development (PUD) rezoning of an approximately 10,669-square-foot parcel from the R-1-6,500 (Single-Family Residential) District to the PUD-HDR (Planned Unit Development -High Density Residential) District and for development plan approval to allow the existing 1,118-square-foot and 1,200-square-foot single-family detached units and detached garage located at 403 St. Mary Street/730 Peters Avenue. Current zoning for the property is R-1-6,500 (Single-Family Residential) District and Core Area Overlay District. Ms. Decker presented the staff report and summarized the background, scope, and layout of the proposed project. THE PUBLIC HEARING WAS OPENED. Emil Oxsen, applicant, noted that at the time he applied to add the granny unit, he believed the zoning for the adjacent lot was R-1-6,500 (Single-Family Residential) District. He added that he did not know that he could have had it rezoned to High Density Residential. He noted that there were four single-family units and a duplex to the north and that he would have preferred applying for a PUD. Ms. Decker noted that staff could not address what had been discussed with Mr. Oxsen and that the Planning Director indicated that a PUD would have been supported at that time. Mr. Oxsen noted that the property was located in the Downtown area with a commercial property across the street and high-density use on either side. He was confident that this project conformed with the neighborhood and believed this type of zoning would be appropriate for the area. Robert Byrd, 205 Neal Street, noted that he had lived in the Downtown for most of his life and supported the project. He noted that each situation is unique and did not believe there would be an exact precedent. He believed that unique situations should be resolved with creativity and that appropriate rules be applied for each situation. He believed that unique projects have given Downtown Pleasanton its character and originality, that the neighbors were in favor of this project, and that the project was a benefit to Downtown. He was certain that the project demonstrated uniqueness and character. He noted the project supported its own parking and did not believe there would be any copycat versions requested. Chris Beratlis noted that his office was located at 351 St. Mary's Street, approximately 150 feet from the project. He supported the project wholeheartedly. Jim Lowey, 2 Fairway Lane, noted that he is a long-time Pleasanton resident and valued the unique character and flexibility of Pleasanton's Downtown, as demonstrated by the Rose Hotel. He did not believe the Hotel set a precedent for three-story buildings throughout Downtown and that this project would create a rush for similar projects. He supported the applicants in this matter and believed both homes would work well in the Downtown. EXCERPTS: PLANNING COMMISSION MINUTES, May 9, 2007 Page 1 of 2