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There being no further testimony, Mayor Mercer declared th~ public hearing closed on this item. Councilmember Butler stated it had to be determined whether or not the downtown parking code is appropriate, and in this case he could not make the finding that this particular business is different from another ice cream parlour or other use, therefore he could not Justify granting the appeal. Councilmember Kephart stated he could not vote in favor of the appeal because of the lack of required parking spaces. Councilmember Mohr stated that most variance requests involve some kind of ex- tension but this request is for the use of an existing building. She stated that because it is an historical building it should be grandfathered in since it was built before present codes were in effect. She stated that because she felt down- town businesses should be encouraged and historical buildings preserved, she is in favor of granting this appeal. Mayor Mercer stated that downtown Pleasanton is unique, and that there are park- ing problems. He stated he felt this particular business would not have any signi- ficant adverse impact on the parking and traffic problems in this area. Re added that this is not a political issue. It was moved by Councilmember Kephart, and seconded by Councilmember Butler,. that Resolution No. 81-349, after determining that appropriate findings could not be established, deny the appeal of Robnotre Steffen of a decision of the Board of Adjustment denying a variance to allow the establishment of an ice cream shop at 163 West Neal Street without providing off-street parking for the business, the property is zoned C-C (Central Commercial) District, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, and Wood NOES: Councilmember Mohr and Mayor Mercer ABSENT: None Application of Pleasanton Properties Company to convert tWenty-six rental dwelling units to condominiums. These units are located at 811 through 847 Division Street Mr. Harris presented his report (SE 81:357) dated October 6, 1981, regarding this matter. Mayor Mercer declared the public hearing open on this item. Mr. Harry Fish, representing Pleasanton Properties, stated he concurred with the staff report. Mr. Steve Hughes, 587 Tonriga Court, asked Council not to allow any conversion of apartments to condominiums. He state<| the tenants had not been properly repre- sented; that the landlords have more rights than the tenants. He stated he was opposed to condominium conversion. There being no further testimony, Mayor Mercer declared the public hearing closed on this item. After discussion, it was moved by Councilmember Butler, and seconded by Council- member Kephart, that this application meets or will meet all the requirements of the ordinance and that there has been no rent increase to occupants of units on the sub- Ject property during the six month period preceding this approval; therefore, Resolu- tion No. 81-350, approving the application of Pleasanton Properties Company to con- vert twenty-six rental dwelling units to condominiums located at 811 through 847 13. 10/13/81