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281 Mayor Brandes stated this matter has been appealed because one property owner in the neighborhood had not been notified of this hearing when it was considered by the Board of Adjustment. Mayor Brandes declared the public hearing open. Mr. Jim McDowell, 2469 Crestline Road, stated that he and his wife wanted to build a true Victorian home at this Neal Street location but after con- sidering the costs found it necessary to split the lots and build two houses; one for their occupancy and one for sale. He stated at the design review pro- cess there was no objection from the neighbors. One neighbor, Mr. Hatfield, was not notified because of his length of residency. Mr. McDowell has since met with Mr. Hatfield at Cooper and Sword's office, to discuss the plans and Mr. Hatfield's concern regarding the driveway. He stated they agreed that a fence would be installed, 6 feet in height above the grading of the driveway. He requested that the appeal be denied and the Variance granted. Ms. Mary Foust, 431Neal Street, owner of the property adjacent to the proposed project, stated she supports this development and feels it is unique and will be an asset to the neighborhood. Mayor Brandes presented a letter from Mr. and Mrs. Hatfield, who could not be in attendance at this meeting, stating they agreed to the height of the fence but had concern about the size of lots and impact of traffic. Ms. Nancy Briemle, 4535 Entrada Court, expressed concern regarding traffic and entrance to the project. Council received a letter from Mr. and Mrs. Lutz, 4545 Entrada Court, relative to this matter. There being no further testimony, Mayor Brandes declared the public hear- ing closed. It was moved by Councilmember Mohr, and seconded by Councilmember Butler, after making the findings required for approval of the variance in that spe- cial circumstances unique to the site can be found because the driveway will access straight onto Neal Street, that the proposal will not constitute a grant of special privilege, and that the health, safety and general welfare of the surrounding area are not jeopardized by the request; that AP-86-03 be de- nied, and that the application of James McDowell for a Variance from the Or- dinance Code to allow for the subdivision of a parcel without the required frontage on a public street located on an approximately 15,500 sq. ft. site located at 435 Neal Street, be approved. The roll call vote was as follows: AYES: Councilmembers Butler and Mohr NOES: Councilmember Wood and Mayor Brandes ABSENT: Councilmember Mercer Because of the tie vote, Mayor Brandes declared the public hearing on this item reopened, and continued to the meeting of May 6, 1986, 8:00 p.m., in the Pleasanton Council Chambers. Resolution Authorizing Staff to proceed with Abatement of Weeds, Rubbish or Refuse upon or in front of certain described properties within the City o~ Pleasanton which constitute public nuisances 10 - 4-15-86