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Mr. Perkins rebutted by stating the homeowners have previously been assessed <br />for the roof repairs by the Homeowners Association. The repairs were not satis- <br />factory because of incorrect construction of the homes, therefore he felt the money <br />assessed the homeowners should be refunded to them. He advised there has been much <br />interior damage because of the faulty roofing, which should also be the responsi- <br />bility of Stoneson Development Company to reimburse. He stated he felt Council <br />could take this opportunity to find out if Stoneson Development Company is going <br />to stand up to what is morally correct and refund the homeowners and prevent them <br />from opening the model home complex. He stated he has given enough reasons to <br />delay opening until the homeowners have a fair and total settlement for damages to <br />their homes. <br /> <br /> There being no further testimony, Mayor Mercer declared the public hearing <br />closed. <br /> <br /> After discussion, it was moved bv Councilmember Brandes, and seconded by Council- <br />member Butler, that the appeal of Mr. Perkins of a decision of the Planning Commission <br />approving conditional use permit to allow the establishment and operation of a sub- <br />division sales office and model home complex in three residential units located at the <br />southeast corner of Springdale Avenue and Stonedale Drive, be denied. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes and Butler <br />NOES: Councilmembers Mohr, Wood, and Mayor Mercer <br />ABSENT: None <br /> <br /> Councilmember Mohr expressed concern regarding possible traffic problems at this <br />location, and stated she would like to have a report from staff regarding this matter <br />before making a decision on the item. <br /> <br /> Mr. Perkins stated he was agreeable to a continuance of this item. <br /> <br /> Mr. Art Schumacher, Stoneson Development Company, stated the matter of the partial <br />settlement and the establishment and operation of a subdivision sales office and model <br />home complex are two different items and should be kept separate. He advised that he <br />does not wish this item continued. He stated that traffic is not a problem, and that <br />there is adequate parking. <br /> <br /> After further discussion, it was moved by Councilmen~ber Mohr, and seconded by <br />Councilmember Wood, to reopen the public hearing on the appeal by Michael Perkins <br />of a decision of the Planning Commission approving conditional use permit to allow <br />the establishment and operation of a su]Ddivision sales office and model home complex <br />in three residential units located at the southeast corner of Springdale Avenue and <br />Stonedale Drive, and continue this item to October 2, 1984, 8:00 P.M., in the Pleasan- <br />ton Council Chambers, and instructing staff to prepare a report regarding traffic and <br />related safety at this location. <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler, Mohr, Wood, and Mayor Mercer <br />NOES: Councilmember Brandes <br />ABSENT: None <br /> <br />AP-84-12, Appeal of Morgan Construction Company of a decision of the Board of Adjust- <br />ment denying a variance to allow a subdivision sales office within 200 feet of an <br />existing residence outside of the subdivision on property located on the east side <br />of Muirwood Drive approximately 500 feet south of its intersection with West Las <br />Positas Blvd. Zoning for the property is PUD (Planned Unit Development)-High Den- <br />sity Residential District <br /> Mr. Harris presented his report (SR 84:489) dated September 5, 1984, regarding this <br />matter. <br /> <br /> 7. 9/11/84 <br /> <br /> <br />