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238 <br /> <br /> the aesthetic and visibility issues. She felt that some discretion <br /> is appropriate. If this is not the kind of neighborhood where top <br /> end houses are appropriate, then she felt there was not anywhere <br /> else in town which was appropriate either. <br /> <br /> Mr. Pico asked if the limitation would only apply to those <br /> homes in the high visibility area. Those homes that are not in the <br /> high visibility area could be built over 7,000 square feet. He <br /> then asked what the status of the houses that are already in <br /> process. <br /> <br /> Mr. Swift answered yes to the first question. <br /> <br /> Mr. Roush explained that the property owners that have <br /> building permits have a vested right to continue. Those property <br /> owners that have Design Review approval, but have not received <br /> building permits, have an argument that they have a vested right. <br /> The applicants whose homes have not received Design Review approval <br /> or building permits may have relied upon the existing guidelines. <br /> Some modification to the guidelines may not raise a serious <br /> question, but if Council were to reduce the house size from 7,000 <br /> to 3,500 square feet, there could be a problem. <br /> <br /> Ms. Mohr felt that removing discretion from the process, and <br /> the Council's opportunity to address an individual application, <br /> unnecessarily constrains the process. <br /> <br /> It was moved by Ms. Mohr, and seconded by Ms. Scribner, that <br /> no modifications be made to the guidelines as currently exist. <br /> <br /> Ms. Scribner amended the motion, and it was seconded by Mr. <br /> Pico, that Resolution No. 92-228 be adopted, rescinding Resolution <br /> No. 92-76, and establishing a 7,000 square foot maximum with an 800 <br /> square foot garage; should the garage exceed the 800 square feet, <br /> the excess area counts toward the 7,000 square foot structure size; <br /> said restrictions to apply to those properties that have not <br /> submitted an application for Design Review approval. <br /> <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Pico, Scribner and Mayor Tarver <br /> NOES: Councilmember Mohr <br /> ABSENT: None <br /> ABSTAIN: None <br /> <br /> Council recessed at 9:10 p.m. for a break. <br /> <br /> Council reconvened at 9:15 p.m. <br /> <br /> 12/15/92 12 <br /> <br /> <br />