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need for his mother in her older years. He did not believe life safety access was a concern at all as the house actually has better access than the main house, the Commission added a sprinkler condition, they put extra steel into the side base of the pool in order to withstand any additional impacts, they believe the process of review has been thorough, they took neighbor concerns into account, landscaping will mature in time, and asked for the Council to deny the appeal. Frank Nguyan said his concerns have not been addressed, he has met with Mr. Bawa twice, believes the issue is with the neighborhood and with neighbors and Mr. Bawa's story has changed multiple times to appease concerns. He said Mr. Bawa is on the Board of the Homeowners Association and many boardmembers have come unannounced to their backyards and have since written letters of non-compliance of homeowner rules for their homes. He believed the second unit and tree growth were contrary to the CC&R's, believed there is limited fire escape from the area the way winds blow, and asked for the appeal to be granted. Tami Santiago said she is on the architectural committee of the Board, said the project has been a 17-month process, the original structure was 1100 square feet at 15 feet tall, they received neighbors' input, researched neighboring developments and was able to negotiate down to a 700 square foot, 12'3" high structure. She said Mr. Fineberg withdrew his opposition because of the concessions made, she believes the Bawa's have waited a long time and she supported the applicant. Steve Fineberg said he and his wife live next door to the Chen's directly to the east and that he was involved with the project and that they worked through the concerns and is satisfied with the proposal. He was not sure if moving the house 4 feet away from the setback would materially affect anything, as it would offset what the Bawa's are trying to do which is getting it out of the direct view line, he supported leaving it as is and asked the Council to support the project. Mr. Bawa presented the original plan and pointed out differences, said he never changed their story about what the use of the home would be for, and said they, and not the Chen's, actually took the time to review their landscape plans. Regarding him being on the Board, he recused himself from any interaction and Ms. Santiago's husband came on the Board later on. Xin Chen, Appellant, said they were never approached during the negotiations between the neighbor after the first meeting when they opposed the plan. He said the picture from their stairwell was not taken properly and the structure can be seen and he believed Mr. Bawa manipulated the Board as well as the architectural committee. Mayor Hosterman closed the public hearing. Councilmember Sullivan referred to the PUD modification associated with grading and Ms. Decker described the elevation, said the slope would be graded, that the retaining wall will match the existing grade and will increase and decrease at various lengths, and because the development plan indicates the slope bank and trees will be relocated, the PUD must be modified. Councilmember McGovern questioned if the retaining wall takes into maintaining the hillside's landslide risk. Ms. Decker said engineering for retaining walls less than 4 feet is not required, however, Building Department staff can review it. Councilmember McGovern recommended ensuring the geotechnical engineering was proper in order to take away any landslide risk. City Council Minutes 12 May 6, 2008