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A,-95 The roll call vote was as follows: --- AYES: Councilmen Brandes, Butler, and Kephart NOES: Councilman Wood and Mayor Mercer ABSENT: None Because the above vote was not unanimous, Mayor Mercer read Ordinance No. 854 in its entirety. It was moved by Councilmember Brandes, and seconded by Councilmember Butler, that Ordinance No. 854, to fezone a 3.8 acre parcel of land located on the east side of Santa Rite Road immediately north of the Arroyo Mocho from the RM-2500 (Multiple Family Residential) District to the C-N (Commercial Neighborhood) Dis- trict, and amending the Zoning Map of the City of Pleasanton accordingly, be adopted. The roll call vote was as follows: AYES: Councilmen Brandes, Butler, and Kephart NOES: Councilman Wood and Mayor Mercer ABS~: None PUBLIS ~RINGS Appeal of Rona!d Fiorio to a decision of the Board of Adjustment denyins Case V-78-6, a variance from the site requirements of the Code to allow the con- .s.truction q~...pn addition to. a residence located at 32~7 Royalton Court which would encroach into the required rear yard and be less than the minimum dis- tance to the main structure on the adjacent lot (Continued Open from 6-27-78) , ~or Mercer stated this item had been continued from the meeting of June 27, 1978, for full Council attendance. Hr. Harris stated that additional information regarding this application had been obtained since his report submitted on June 27. The tract in which Mr. Fiorio's property is located was approved as a PUD in 1967 and there were special setback requirements at that time. Mr. }~rris stated it was not clear whether Mr. Fiorio's property would be affected by the ordinance change that went into.effect after construction ofhis house. Under the original PUD re- quirements, Mr. Fiorio's varience would only be for 1' to 1½' encroachment in the side yard and there was no encroachment into the rear yard. Therefore, it was staff's recommendation, in light of this information, that Mr. Fiorio's appeal be granted. Mayor Mercer declared the continued public hearing open. Mr. Ronald Fiorio, 3247 Royalton Court, presented a detailed plan of the proposed addition, copies of Minutes of the Board of Adjustment regarding findings, and a plot plan for Meadowview Subdivision showing only 8' distances between sideyards. After presentation of this information Mr. Fiorio requested approval of his appeal. Several neighbors of Mr. Fiorio's, in the audience, expressed approval of Mr. Fiorio's proposed addition by a show of hands. No one in the audience spoke in opposition to the appeal. There being no further public testimony, Mayor Mercer declared the public hearin~ closed. 3. 7/11178