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380 <br /> <br /> Mr. Roush replied that technically, the letter did not put a <br /> hold on the building permit. It was an adequate notice to the <br /> developer that there was a question as to whether or not the <br /> building was being constructed according to the plan adopted by the <br /> Initiative. <br /> <br /> Mr. Rick Dobbs, 3616 Portsmouth Court, commented that he <br /> estimated the height variance to over ten feet. He stated that the <br /> building was constructed on top of about 1.5 feet of concrete which <br /> was added to approximately two to three feet of dirt from the time <br /> Measure "X" was passed. He said that planting more trees would not <br /> solve the problem. <br /> <br /> Mr. James Miller, 3633 Camelot Court, handed the Council a <br /> copy of a building plan which clearly indicated a 21.5 feet height <br /> limit. He stated that the building is not fit for that site and <br /> that landscaping would not make any difference to the height. <br /> <br /> Mr. Mercer asked Mr. Swift if the building plan presented by <br /> Mr. Miller was the plan that was approved. <br /> <br /> Mr. Swift said yes. <br /> <br /> Ms. Sharrell Michellotti, 7873 Olive Court, a member of the <br /> Planning Commission, stated that some citizens had expressed <br /> concern about the height of the building when the application was <br /> being considered by the Planning Commission. The Commission then <br /> asked staff to physically measure the building to address this <br /> concern, and the developer had indicated that the height of the <br /> building was not what the neighbors said it was. She added that <br /> the applicant should have informed the Commission and the Council <br /> that the plan had gone through the planning staff for a height <br /> modification and that the approved plan was actually higher than <br /> what the neighbors had indicated. <br /> <br /> Mr. Steve Thomas, 1321 Mountain View Boulevard in Walnut <br /> Creek, stated that when he first became aware of height problem, he <br /> requested the building staff to check if what was being built was <br /> according to the plan, which the staff confirmed. He mentioned <br /> that when the initial plans came out, the project architect and <br /> City staff agreed that the center of the building would be the <br /> focal point and that to accomplish that goal, the height at the <br /> center would be increased. He said that a Shadow Study was done <br /> for the project and that Mr. Pat Slynn of Majors Engineering would <br /> explain it. He pointed out that the shadows would affect the <br /> properties only five to ten percent of the year and that the study <br /> demonstrated only the very worst case. <br /> <br /> 7-23-90 <br /> <br /> - 4 - <br /> <br /> <br />