CCMIN090187 - Laserfiche WebLink

333 and Calle de la Mesa. After discussion, Mayor Mercer instructed staff to place this matter on the next agenda for further review and consideration. Mr. Keith Fraser, 2109 Fourth Street, Livermore, Attorney representing Mr. and Mrs. Black, whose appeal was denied at the Council meeting of August 18, 1987, requested that Council reconsider this matter. He advised that the Black's have a new grading plan plus tree planting program which they feel will satisfy the concerns of the surrounding neighbors. It was moved by Councilmember Mohr, and seconded by Councilmember Brandes, to reconsider on October 6, 1987, AP-87-14, appeal of a decision of the Plan- ning Commission denying the application of Thomas Black for a major modifica- tion to an approved development plan for a residential subdivision to modify the permitted building envelope for an existing parcel, located at 4 Red Feather Court. The roll call vote was as follows: AYES: Councilmembers Bran~es, Butler, Mohr, and Mayor Mercer NOES: Councilmember Wilson ABSENT: None Mr. Michael O'Callahan, 8 Grey Eagle Court, stated that property owners worked diligently to come up with self-governing CC&R's for Grey Eagle Es- CO tates. He feels strongly that the CC&R should be upheld. He suggested that ~ the Black's present their new evidence to the Homeowners Association and if ~--~ there is a favorable vote to approve the modified plans then he will go along 'D with the majority of the neighbors. He stated if the majority of the home- Cr] owners in the association vote to approve the change, then the matter can be handled as a minor modification at staff level, without further Council con- ~ sideration. He stated he has personally asked Black's representative to bring this matter before the Association so they can review it. Mr. Black has publicly denounced the current CC&R's. Mr. O'Callahan requested Council to deny the request and put it back to the Association. Mr. Swift advised that if the Black's are going to make a modification and have the support of the majority of the people in Grey Eagle, then staff and process the application as a minor modification. Mr. Jim Colburn, 18 Grey Eagle, stated he is willing to accept the deci- sion of the Association regarding this matter if it is discussed no open fo- rum; the CC&R's should work. Mr. Brian Nixon, 12 Grey Eagle, stated if this matter goes to the Associa- tion and there is agreement then he could support it. Mayor Mercer asked Mr. Fraser if he or the Black's are willing to go to a public meeting with the Homeowners Association and use the CC&R's to rule the matter. Mr. Fraser agreed, adding that the Black's are subject to the CC&R's. Mr. Richard Mendosa, 16 Grey Eagle Court, stated he concurs that this mat- ter could be settled with the CC&R's. He added that a minor modification to the Black's is a major modification to his lot; it is a total intrusion of his view. Council concurred that if this matter is not settled by October 6th it will be reconsidered at that time.