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Mr. Pico asked where the gazebo was in relationship to the property line. Mr. Swift stated approximately forty-six feet from the corner of the property. Ms. Dennis asked what the canopy of the evergreen pear was in terms of width? Mr. Swift stated it generally has a round crown so the canopy width is slightly narrower than the height. If it matures at twenty to twenty-five feet, it would have a canopy width of twenty to twenty-five feet. Ms. Mohr commented that they drop leaves all year long. Suzanne Earnest, 17 Foothill Lane, requested that the variance be granted. She handed a petition to Council signed by every neighbor in the neighborhood who can possibly see any portion of the gazebo; and no one else in the neighborhood has any type of problem with the gazebo, its design or location. The Cravottas have indicated that their sole concern is that the gazebo blocks their view of the ridge line. The only portion of the gazebo that they can see is the finial on the top of the gazebo which is six inches wide. Also, the ridge line is to the west but her lot is to the north of the Cravottas' lot. For a direct view of the hills from the back of the Cravottas' house, they need only look west. The issue was raised that the gazebo was built without the varian~ and it was implied that it was done maliciously. When the gazebo was built, she had already received the variance on the fence. They thought the gazebo was in their rear yard/side yard, and anything that they did in that area of the yard would no longer be subject to any front yard restrictions. She continued, the existing trees do surround the gazebo and are already fifteen feet tall or more and will screen the gazebo. There has also been a request for more than one evergreen pear tree be planted between the gazebo and the property line; but she stated there is not enough space between where the gazebo is and where the trees are now to place more trees. She mentioned they are willing to plant one tree but to put more than one is unreasonable. She would have to cut the existing trees down to plant the evergreen pear trees which defeats the purpose of screening off the gazebo. If the gazebo were moved, it would come closer to the property line and the Cravottas would have a less unobstructed view of the gazebo. The Earnests feel the gazebo is appropriate for the neighborhood, its design is attractive, and she requested Council to allow the variance. Mayor Tarvet asked if she thought she did not need a building permit for the structure. Ms. Earnest stated they did not think they needed a building permit since it was not going to house anyone and because it had no plumbing. They just thought it was a garden structure. Ilse Morderan, 11 Foothill Lane, stated her property was higher than most in the area. She had watched the gazebo going up. Ms. Earnest had showed her a blueprint and she was excited for them. When it is hot in Pleasanton you need a cover over you when you are outside. 11/21/95 -11-