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295 Mayor Mercer stated this item was continued from the meeting of October 18, 1988, because of a tie vote. Mr. Raymond Bohn, appellant, stated that all of his neighbors approve the building. He stated he agrees with staff and is willing to put up a fire wall. He stated he would like the same privilege as other in the City to have a shed in his backyard. He asked for a show of hands from his neighbors in the audience who are in favor of him having this structure - approximately 4 people raised their hands. Councilmember Mohr stated she had read the Minutes of the last meeting where this item was considered and that she had driven to the site to look at the structure. She advised that her concern regarding heights has been settled, and since Mr. Bohn is willing to put up a fire wall she will vote in favor of the appeal. Councilmember Wilson stated the City has an ordinance which should be adhered to or the ordinance should be amended to allow structures such as this one in backyards. It was moved by Councilmember Mohr, and seconded by Councilmember Brandes, as follows: The Council finds (1) that special circumstandes unique to the site can be found; (2) that the proposal will not constitute a grant of special privilege; and (3) that the health, safety and general welfare of the surrounding area are not joepardized by the variance. Based on the above findings, the appeal of the decision of the Board of Adjustment denying Case V-88-19 is granted, and Resolution No. 88-521, approval of AP-88-21, the application of Raymond Bohn for a variance from the Municipal Code to allow the retention of an accessory structure that encroaches into the required sideyard setback of the property located at 6824 Corte de Flores, is here approved, subject to the following conditions: (1) that the development be substantially as shown on the plans on file with the Planning Department except as modified below; (2) that a minimum of 3 feet be maintained between proposed shed and the main structure for Fire Department access and requiring a 1-hour fire wall; (3) that an approximately 24 inch lattice extension be installed on the existing fence; and (4) that the structure be painted to match the house. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr, and Mayor Mercer NOES: Councilmembers Butler and Wilson ABSENT: None item 10b Adoption of Ordinance No. 1388, Approval of RZ-88-8, Application of the City of Pleasanton to prezone an approximately 27 acre site to the "P" (Public and Institutional) District located at the - 10 - 11-1-88