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869 Mayor 8randes stated his concern is to the freeway side of the pro~ect, and also shared Councilmember Mercer's concern about the three story building being too near Valley Avenue. After discussion, it was moved by Councilmember Butler, and seconded by Councilmember Mohr, that Resolution No. 86-260, approving PUD-80-2-1D, ap- plication of Bernal Avenue Associates and the Ko~l Company for design review approval for eight one-story and one three-story office buildings totalling approximately 300,400 sq. ft., to be located on five sites totalling approxi- mately 24 acres, located on the west side of Valley Avenue between Bernal --. Avenue and the Arroyo del Valle, subject to all conditions contained in Staff Report 86:225 and conditions added by Council as shown above, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Mohr, and Wood NOES: Councilmember Mercer and Mayor Brandes ABSENT: None Mayor Brandes recessed the meeting at 10:40 p.m. Mayor Brandes reconvened the meeting at 10:45 p.m. C~9 Appeal by the City Council of a decision of the Design Review Board's approval 0') maintain a freestandin9, 8 ft. diameter satel ocated at 3120-H Santa H Rita Road. Zoning for the property is PUD (Planned Unit Development)- [LJ Commercial District f'f'j Mr. Swift presented his report (SR 86:228) dated June 3, 1986, regarding ~ this matter. Mayor Brandes declared the public hearing open on this item. Mr. Bill Moore, partner, 2493 Minivet Court, stated he was not aware of the City ordinance when the satellite dish was installed. He advised there will be a problem with screening the dish. He offered to replace the satel- lite dish with a smaller one painted similar to the present dish and in the -- same location. He stated he is here to defend the small business owner; to remove the dish will create a hardship on his business and it is the promo- tional feature of Mt. Mike's Pizza. He stated he did not feel he has techni- cally violated the ordinance. He reviewed the conditions and his adherence to them. He stated there is no cable in the area so the dish is vital to his business. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Brandes declared the public hear- ing closed. Mayor Brandes stated he felt that allowance of the satellite dish would set a dangerous precedent; and that other alternatives are available. Councilmember Mercer stated that the whole orientation of Mt. Mike's Pizza business is dependent upon this satellite dish and he felt it should be per- mitted. He stated a condition could be added that would require the dish be removed if and when the business is ever sold. - 8 6-3-86