CCMIN011999 - Laserfiche WebLink

Mr. Nelson referred to a statement that he did not follow the rules; he felt the ordinance should have stated the color for the Foothill Overlay District cannot be bright white, yellow or red. He did not find the word dark in the ordinance. Mayor Tarver said the words used regarding color could be debated. The point is that the color of house should not stand out, but the color does stand out. The resolution is trying to document what specifically happened at the last Council meeting. Staff is being careful about what is put in the resolution because of the possibility of going to court. When he was talking about the color, he was referring to the color of the stucco versus what staff was asking Mr. Nelson to apply. Mr. Nelson said he could not find that language in the ordinance. He built his house to be integrated into the slope, working it into the environment. When the neighbor wanted to move his house closer to his property line, Mr. Nelson asked that the ordinance be upheld and that the setbacks be determined from the property line and not from the firetruck turn-around easement. He asked for no exceptions. He asks only that he be required to abide by the rules that are published and that the ordinances as written be upheld. He is asking Council to follow the policies that are published. He said he followed the Design Review process. He agreed that a stucco was applied that had not been approved, but there are other people that have applied stucco, prior to approval, that is lighter than his home. He did not see a difference between that house and his. He is asking that his situation be treated the same. He did not want to hold up the construction of his home for seven months during the appeal process. Ms. Ayala told Mr. Nelson that he could have appealed the stucco color to Council before the house was stuccoed. Mr. Nelson said he did not appeal the color until he received the letter from the Planning Department. During the time period it took to receive the letter and then process the appeal, the stucco had been applied. Ms. Ayala understood the letter told the Nelson not to apply the stucco. Mr. Nelson said the stucco had already been applied when he received the letter. Ms. Ayala understood he was told not to apply the stucco before the letter was sent. Mr. Nelson said that is correct, but when he received the letter the stucco company had already applied part of the stucco. He felt he needed to move the project ahead. He understood he might be at risk and if he loses during the legal process and is required to repaint the house, he would repaint the house. Ms. Ayala asked if the stucco company would cover the cost of repainting his house because they started early? Pleasanton City Council 4 01 / 19/99 Minutes