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Mr. Roush said it does because it gives him three months to obtain the building permit for the first floor and porch addition. That ties in to Condition 2 which requires him to show evidence ora contract with a licensed contractor. Conditions 11 and 12 would have wording that requires him to pay all applicable fees and penalties for any work done without a building permit. Ms. Ayala felt the neighbors did not think these conditions would do any good, but she felt the only alternative is to deny the application and start trying to get code enfomement to accomplish something. She would like to try and give Peter MacDonald a chance to work with his client and to hire a contractor. If he has not had a contractor before, maybe this is a hope. Mr. Brozosky asked if, when Mr. Duggan starts the first phase, he could be required to pay for all the plan fees for both phases. In that way, if he doesn't finish phase one, he would forfeit all the plan fees he has paid for phase two. Mr. Roush said the conditions indicate the plans for both phases can be reviewed at one time and in that case he would pay for both phases. Mr. Brozosky wanted him to pay for phase one and phase two at the time he pulls his first permit and in that way he would have incentive to finish the whole thing, or he would lose all that money. Mr. Roush said the condition should then say plans for both phases shall be reviewed at one time by the building department. Mr. Swirl briefly reviewed the various fees that would apply. Ms. Ayala said that would be her motion with all of the changes to the conditions identified by the City Attorney. She asked the neighbors to try again to communicate with Mr. Duggan. Ms. Norman asked what happens when Mr. Duggan does not comply with these new conditions. Mayor Pico said we are back to where we are today. He preferred to deny the appeal without prejudice and require him to meet the conditions of the December 7, 2001 letter with the exception of building the stucco arch and roof, which he might have to replace, but to put the landing back in and other items. Then he can come back, after he has met these conditions. Ms. Ayala felt it would just make Mr. Duggan more upset. She felt the neighbors would be happier with the new addition than just fixing the old problems. Mayor Pico did not think that was the case. He felt they wanted normal maintenance on this house and to have it restored. Mr. Duggan could build the pomh landing in such a way that it did not have to be redone later. He has to demonstrate that he is willing to work with the City Pleasanton City Council 37 03/18/03 Minutes