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City of Pleasanton
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CITY CLERK
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2008
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031808
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3/13/2008 1:37:20 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/18/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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Councilmember Sullivan said if the Council upheld the appeal, he confirmed with Mr. Iserson the <br />work would be removed and he was not sure if this would take longer than finishing what is <br />already built. He questioned the Kings Canyon Court project and confirmed it was a different <br />property owner but that Mr. Smith assisted in the project which took a long time and was <br />permitted. <br />Councilmember McGovern questioned if Mr. Smith applied for permits to the two additions, and <br />Mr. Iserson said he has submitted plans but nothing can be done with them until approved by <br />the Council. <br />Mayor Hosterman acknowledged the neighbor's concerns, believed 6-7 years is too long; <br />however, Mr. Smith tried to accomplish the work on his own and it sounds like it took a lot longer <br />than he thought it would take. She was not in favor of asking him to remove improvements, <br />wished he would have obtained permits ahead of time, agreed the additions are beautiful, is <br />confident staff has conditioned expediting the construction process and she is hopeful that the <br />neighbors most affected will eventually be pleased with the outcome. She encouraged the <br />owner to expedite the process per the City's requirements and discussed a similar situation in <br />her neighborhood and its impact to residents. <br />Councilmember Cook-Kallio said she is sympathetic to the neighbors, recognized construction <br />does take longer than necessary, acknowledged the neighbors want an end to the construction <br />process, did not believe the remedy was to tear down the addition, wished all parties could have <br />addressed the situation in a neighborly fashion and that some repair of the neighborhood <br />relationship occurs in the future. <br />Councilmember Thorne said he is bothered by the progress and completion of the work, <br />believes the remedy is for the City to take an administration action and levy a substantial fine <br />due to Mr. Smith not first obtaining permits, said he did not want to require removal of work and <br />if timelines are not met he would support having the work removed. <br />Councilmember Sullivan questioned the process to levy a fine. City Attorney Roush suggested <br />that the Council could direct staff to begin the administrative process separate from the appeal, <br />hold a hearing, the hearing officer will take into consideration the matter and determine the levy <br />of a fine. He said it would not lengthen the process, but run concurrently with the time <br />commitment of the work being completed. <br />Councilmember Sullivan said if the Smith's miss the 6-month deadline, he requested removing <br />the structures and/or also imposing another fine. He agreed the timeline was excessive, is most <br />bothered by the fact that the homeowner knew he needed permits, did not obtain them and did <br />the work anyway, and removing the structures would most likely cause more impact to the <br />neighbors. He also voiced concern with the City's code enforcement processes. <br />Councilmember McGovern said laws are made and at times they are not imposed so people <br />know they can get away with things and she felt this was an example. She believed that if the <br />neighbors had seen the plans for additions they would have contacted the City and she did not <br />want people building without permits in the City. Mr. Smith knew he blatantly disregarded the <br />law, she believed he should be penalized, should remove the non-permitted work and go <br />through the permitting process. However, if the Council allows him to continue the work she <br />suggested he not be allowed to build on Saturdays. <br />City Attorney Roush said if there are complaints received during the Saturday construction <br />hours the Planning Director can modify or revoke the Saturday hours. The 6-month timeframe <br />took into account complaints and can be revoked. If the 60-day requirement to obtain permits <br />City Council Minutes 7 March 4, 2008 <br />
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