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381 <br /> <br /> Mr. Mercer asked Mr. Thomas why he continued the construction <br />of the building even after he had received the letter form the City <br />indicating the height problem., <br /> <br /> Mr. Thomas replied that the job was on-going and that he did <br />not interpret that letter as a stop-work order, which was issued <br />later. <br /> <br /> Mr. Mercer asked Mr. Thomas if he contacted staff after he <br />received the letter and if staff suggested that he continue the <br />construction. <br /> <br /> Mr. Thomas answered that after he received the letter, he <br />requested the planning and building staff to come to the site and <br />measure the building, and staff confirmed that the construction was <br />according to the plans. <br /> <br /> Mr. Tarver asked Mr. Thomas if he aware at the time he <br />purchased the property that the project was approved by the vote of <br />the people and that the conditions on the project included the <br />plans that were on file with the City. <br /> <br /> Mr. Thomas replied that the building permit was issued of the <br />same day that escrow on the land was closed and that he had full <br />reliance on the permit. He stated that he was not aware of the <br />height problem until it became an issue to the City. <br /> <br /> Mr. Pat Slynn, Majors Engineering in San Ramon, displayed and <br />explained the landscaping plan and the shadow study. <br /> <br /> Mr. Brandes asked staff if the landscape plan is appropriate <br />to screen the building and if a condition ensuring adherence to the <br />landscaping plan would come back to Council for approval should <br />Council decide to approve the landscaping option. <br /> <br /> Mr. Swift replied that the plan includes large 36-inch tree <br />boxes which would screen the building fairly well. He added that <br />the modification could be conditioned to include the landscaping <br />plan, and staff would check that it is installed as planned. <br /> <br /> Mr. Brandes commented that this was a difficult situation for <br />everyone involved and that he did not think that it was in bad <br />judgment that the plan was approved. <br /> <br /> Mr. Tarver stated that this was a situation where everyone is <br />right and no one wins. He indicated that he would like to see the <br />mitigation of the homeowners' situation, but that he was not sure <br />that the landscaping alternative would accomplish that. <br /> <br /> 7-23-90 <br /> <br /> - 5 - <br /> <br /> <br />