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14 <br /> <br /> satisfied with the project. He agreed that there was a high need <br /> for this type of housing in Pleasanton and asked that Council <br /> approve the project. <br /> <br /> Richard Irby, 3780 Stanley Boulevard, spoke in opposition to <br /> this project. He explained that he has met with the applicant two <br /> times, the last meeting was three months ago. He felt that the <br /> applicant was not making any effort to negotiate in good faith. <br /> Mr. Irby objected to this project for the following reasons: 1) not <br /> the right area for this type of housing; 2) should remain <br /> Commercial; and 3) road alignment is terrible. He also objected to <br /> the applicant taking pieces of his property to make the project <br /> feasible. <br /> <br /> Bo Radanovich, Vice-President Kaufman and Broad, agreed that <br /> he had met with Mr. Irby twice. Mr. Swift joined the last meeting <br /> to establish the history of the right-of-way. The Kaufman and <br /> Broad engineers staked Mr. Irby's property for the interim right- <br /> of-way and what the ultimate improvements would be. At that time <br /> Mr. Irby presented a letter to K & B, listing conditions that he <br /> would need in order to reach an agreement. Kaufman and Broad <br /> agreed to some of the conditions and included them in the final <br /> offer. Mr. Radanovich then explained the alternatives that were <br /> presented to Mr. Irby. He was confident that he can reach an <br /> agreement with Mr. Irby. He thanked all of the neighbors for all <br /> of the input and support they have given to this project. <br /> <br /> There being no further testimony, Mr. Tarver declared the <br /> public hearing closed. <br /> <br /> Ms. Mohr asked if it was customary that property for a street <br /> widening of this sort is dedicated to the City. She asked if it <br /> was being purchased in this situation. <br /> <br /> Mr. Swift explained that the City requires dedication from <br /> any developer who is having a major street on their property. In <br /> this case, the right-of-way is not on the property that is owned by <br /> Kaufman and Broad. When an application does not require reasonable <br /> dedication to meet the needs of that particular project then the <br /> law requires that fair compensation be paid for the right-of-way <br /> taken. The conditions of approval for this item require that that <br /> right-of-way be acquired in some fashion. It is Mr. Irby's right <br /> to be compensated for it. Because the right-of-way is not being <br /> taken from the centerline on both sides, it is fair for Kaufman and <br /> Broad to pay for one lane of traffic and Mr. Irby to pay for the <br /> other. The interim improvements require more than just one lane <br /> of traffic because the sidewalk, turn pockets, etc. would need to <br /> be relocated. <br /> <br /> Ms. Mohr commented that at the time the commercial application <br /> came forward, Amador Savings and Loan was involved in the project <br /> therefore, she had a conflict of interest and did not participate <br /> <br /> 1/5/93 14 <br /> <br /> <br />