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Minutes - San Leandro City Council Meeting - April 3, 1995 Page - 12 - PUBLIC HEARINGS (continued) Council Member Loeffler said the Council ' s role is to blend common sense and the law. He said he saw special circumstances and believed Conditions could be imposed to bring the property into alignment with Codes. He said he did not see significant detriment to the neighbors to the side, and the concerns of the neighbor to the rear could be met through modifications to the building. He said granting this Appeal would be consistent with Variances which have previously been granted. Council Member Polvorosa said this would still constitute a special privilege and open variances to every property in the area. Council Member Galvan said the Council 's role is to decide these difficult issues. He referred to another difficult issue, a mural , which had come before the City Council after denial by the Planning Commission. He said this Variance has extenuating circumstances, and part of the Council ' s role is to be human and make decisions that may not follow the letter of the law. Mayor Corbett said this is not an easy decision to make. She said the City Council is obviously very human, and they are all trying to deal with Mrs. Shih's personal issues and with the Zoning Code. She said the Zoning Code is a tool that allows the Council to balance the community' s needs. She said it was not Mrs. Shih's intent to do wrong or hurt anyone. The City Council does not mean her any ill -will . Mayor Corbett said, in reading all the information made available, she did not see that findings are available to meet the three criteria. Council Member Galvan said a half dozen Variances were granted in the neighborhood, and the only difference in this case is that the person didn't understand the problem. If she had come to the Council first, they would have granted the Variance. Mayor Corbett said none of the other Variances had come to this City Council , and they were all approved by the Board of Zoning Adjustments only. Council Member Galvan moved to grant the Appeal and approve V-94-5. The City Attorney suggested that the motion include a requirement that reasonable Conditions be prepared by staff and returned to the City Council for approval at the next meeting, in accordance with the Zoning Code, including that the addition must comply with all Building Codes and that staff would review proposals to mitigate impacts . The motion was seconded by Council Member Loeffler.