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Appeal of Gerald Joyce to a decision of the Board of Adgustment denying Case V-76-12, an application for a variance to allow the construction of a family room which would encroach into the required rear yard of property located at 2589 Via Espada ~r. Harris presented his report dated Novembe~ 17, 1976 on this matter. He stated that the Board of Adjustment denied this case because it did not feel there was anything unusual about the property to merit a variance. --- Mr. Scheidig read for the Council's benefit te three findings that need to be found in order to grant a variance. Mayor Philcox opened the Public Hearing. Gerald Joyce, the applicant, was present and addressed the Council. He asked that the staff report be corrected to indicate a 17 ft. x 23 ft. room addition rather than 18 ft. x 23 ft. He then made an extensive presentation to the City Council comparing his request to other variances granted in the past. Mayor Philcox commended Mr. Joyce on his thorough presentation and ~"as no one else wished to speak either for or against the appeal, closed l~the public hearing on this matter Mr Scheidig explained that the Council is not bound by past decisions of other cases; that each presentation should be looked at individually. After further discussion, it was moved by Councilmember LeClaire, who felt there was an unusual configuration of the lot and a small lot space, to approve the appeal. This motion died for lack of a second. It was then moved by Councilmember Mercer, seconded by Councilmember Brandes, that Resolution No. 76-267, denying the appeal of Gerald Joyce ~_to a decision of the Board of Adjustment denying Case V-76-12, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, Mercer and Mayor Philcox NOES: Councilmember LeClaire ABSENT: None Mayor Philcox declared a five-minutes break at 9:30 p.m. Appeal of Thomas K. McManus of a determination by the City Manager that the preparation of an Environmental Impact Report is required for an application to change the General Plan designation of approximately 66 acres of land located east of H. opyard Road between the Pleasanton Recreation and Sports Park and the Arroyo Mocho from "Parks and Recreation" to "Medium Density Residential". Mr.. Harris presented his report on this matter dated November 16, 1976. He amended, on page 5 of the staff report, reference to "Notice of Intent to Prepare a Negative Declaration" which should read "Notice of Intent to , Prepare an EIR". The Council was given a letter from Mr. Peter Turner, attorney for Mr. McManus. As the letter was quite extensive, Council prefered to continue this matter until December 6, in order to give them ample time to study the letter. Mr. Turner indicated that continuance would be satisfactory and the matter will be heard early on the December 6, 1976 agenda. Appeal of the decision of the City Manager to file a Negative Declaration for a proposed development consisting of two concrete tilt-up, one-story warehouse type buildings on a 3.19 acre site located immediately behind the Pleasanton Garbage Service Transfer Station at 3110 Busch Road. Mr. Harris presented his report dated November 16, 1976 on this matter. Mayor Philcox opened the public hearing. Those speaking in favor of the appeal were: John Fraga, 1406 Kolln Street Barry McDonald, 1820 Cortez Ct. Bill Vigil, Pleasanton Meadows Homeowners Association Thurmon Caudill, 4751 Augustine 4 . 11-22-76