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Mr. Swift said the Council can establish whatever reason it wished for granting a variance. Council can distinguish this case form future cases and therefore this project would not be setting a precedent. He said staff stretched to make a finding in granting the variance within five feet. Council has the ability to change the setback. But Council needs to be aware that staff will use Council's reasoning when considering future projects. Ms. Michelotti understood. Mayor Tarver was prepared to deny the appeal because the findings can't be made; the fact this project would be precedent setting; the setbacks are critical in the design of the neighborhoods and when violated it leads to problems. But in this case the neighbors support the project. But how does Council grant this without special privileges and avoid everyone in the subdivision from asking for the same privileges? He said the other people in the neighborhood with additions might have violated the law and probably will have trouble when selling their homes. He said it is a tough decision when the neighbors are in support. He is also concerned about staff not being able to tell other residents in the neighborhood that the setback cannot be changed. It was moved by Mayor Tarver to uphold the appeal and make the findings that staff has outlined that there are unique circumstances surrounding the property relating to the landscaping that could permit the variance. The motion died for a lack of second. Ms. Michelotti said the height limit is below the normal type building. She said it is an addition accessed by the garage only. This is a special circumstance and even though the structure is separate, it still falls under the setback. She hoped Council could reach an agreement rather than it have it be a split vote. She realized the request is unique to this property only. She does not want the whole neighborhood coming in asking for variances. She asked if the expansion was outward, did the eave need to come out farther on the house? Mr. Swift said no. Mr. Kerr said according to the plans it would overhang approximately one to two inches. Ms. Michelotti asked if this was to code? Mr. Swift said it would work. Ms. Michelotti could not support the appeal unless she could be assured the neighborhood would not come in asking to encroach on the three foot setback. Pleasanton City Council 11 10/06/98 Minutes