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Mr. Campbell asked what happens if Council denies this application? Mr. Duggan would still have to bring the house up to Code. Mr. MacDonald said he would do that and then rent it so he could find a larger house. Ms. McKeehan referred to Condition 6 which requires a building permit for the second floor after final occupancy is approved for the first floor. Conditions 6 and 8 need to be made consistent. Ms. Ayala reiterated her desire that phase two approval expires if phase one is not complete in six months. Mayor Pico declared the public hearing open. Joanne Norman, 3565 Kings Canyon Court, said Mr. Duggan has petitioned the City three times for an addition. The first request was in June 2000. Not only has he allowed all his building permits to expire, he has not addressed items staff requested him to complete in a letter dated December 7, 2001. She attended two meetings to discuss ways to accomplish some of these items. The meetings were arranged to suit Mr. Duggan's schedule and he has never attended any of them, including tonight's hearing. At these meetings, the neighbors were told there would be code enforcement actions against Mr. Duggan if he failed to comply with staff directives. He has never followed through with any of them and there have been no sanctions taken against him. She wanted to make certain sanctions are enforced this time. If Mr. Duggan is to finish this project, it must be in a timely fashion. If not, the penalties should be severe. He has had plenty of time to comply with the City's requests. She noted there has never been a gate on the right side of his property, there are fences down on both sides of his property, so any child has access to his back yard, which is unsafe. She has a petition signed by 21 of her neighbors because they are tired of being awakened by noise from Mr. Duggan starting construction at six in the morning. They also expressed concerns about safety in and around his yard and the general mn down appearance of his property, which has remained the same for over seventeen years. She believed Mr. Duggan wanted Council to feel sorry for him, but two years ago, when he did not own the property outright, he ripped out the front porch and drilled six foot deep pier holes. He then drove away leaving the holes exposed and posing a safety problem. He never had any permits to do that. She believed he has been given every opportunity to make these changes to his property. He is saying he needs more space, but the existing house is a 2,200 sq. ft., four-bedroom home that could easily accommodate his children. She urged Council to help the neighbors. Mr. Brozosky referred to the comment that if Mr. Duggan does not meet the timelines he should be penalized and asked what would be a fair penalty? Ms. Norman said there have never been any penalties imposed. On December 16, 2002, there was a letter sent that said if he did not do certain things within a certain period of time, the City would require him to do certain things. That was never fulfilled. If Mr. Duggan had a contractor to do this work and the neighbors knew for sure the work would be done in a timely fashion within three or four months, they might feel a little better. However, to date he has made Pleasanton City Council 31 03/18/03 Minutes