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the approved PUD Design Guidelines. Staff, therefore, believes that design review approval by the Planning Director would be appropriate. Councilmember Sullivan clarified the variance only applies to this one lot. He clarified that the Park District is aware that there are other homeowners in the area who may request the same height increase and they are agreeable with that as long as they get to review each house on a case-by-case basis. Council member McGovern clarified with staff that they will work with the Park District as it relates to the colors of the houses. Mayor Hosterman opened the public hearing. Hearing no requests to speak, the public hearing was closed. Councilmember Sullivan indicated this development was closely reviewed at the Planning Commission. At that time, the Planning Commission was pretty adamant about the height of the houses and there was a condition addressing this issue. He indicated he would not be supportive of the variance as it sets a precedent for the other four houses. Mayor Hosterman noted she has no problem with windows being included to the add- on to Shadowcliffs. Councilmember Sullivan agreed. Motion: It was m/s by Sullivan/Hosterman to deny PUD-01-9M, Mike Renquist, an application for a major modification to an approved PUD for a single-family lot located at 2511 Yolanda Court to increase the maximum building height from 23 feet to 26 feet; to allow a barrel tile roof; and to allow design review approval by the Planning Director. Motion failed by the following vote: Ayes: Councilmember Sullivan, Mayor Hosterman Noes: Councilmembers Cook-Kallio, McGovern, Thorne Absent: None Mike Renquist, applicant, noted Councilmember Sullivan recommended this item go back to the Planning Commission. He stated that he has spent many hours with the Planning Commission on this project over two years. He voiced his frustration, indicating he is only asking for a couple more feet and a couple modifications to make a nice house there. Councilmember McGovern stated if East Bay Regional Parks had come to the Council and indicated they did not want this to happen that would have weighed highly on her decision. She does believe that they reviewed the area and made the decision that with the mitigations made, that the application would be okay. She will be supporting the staff's recommendation. Councilmember Thorne questioned concerns with the height request and possible future requests from nearby homes. He clarified that future requests would come to the Council for height variances and would be reviewed by the Park District on a case- by-case basis. City Council Minutes 6 December 5, 2006