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Mayor Hosterman closed the public hearing. She said appeals do occur and matters like this take long, and she recognized the parties' work to achieve acceptance and compromise. She felt the way the Lopez's configured their addition is in the middle of the property with very little exception. It makes sense given the architecture of the existing home. There have been two mediations, buyers are made aware they are able to enlarge their homes up to two stories, and she believes they have made sacrifices and supported the staff and Planning Commission recommendation. Councilmember Sullivan agrees with Commission Blank that the lot and setting is unusual and is surprised with the 1969 agreement and whether it is something the Council would necessarily approve today. He also felt that a two -story addition on this lot would be completely out of character with the neighborhood, as all nearby streets are all one -story houses on very small lots. The fact that the addition would increase the FAR to 40% when literally every other house in a 3 -4 block radius is 20% to 25% FAR is not something he would support. He believes the addition would put an unacceptable impact on the immediate neighbors, said most speakers in support do rot live on the street and most have two stories homes that have been approved. The zoning is not an entitlement but subject to discretionary review, design review, and in looking at the criteria in the staff report, he cannot make the findings that have the appropriate relationship of the building to its site, the scale of buildings within the site and adjoining buildings, consistency with neighborhood character and preservation of views enjoyed by residents. He acknowledged the need to have a larger home, but to him, it is not an appropriate place to do it. He would support the appeal, and if there is room for compromise, he would be willing to support a smaller second story addition. Vice Mayor Cook- Kallio said she was sad this could not be settled between neighbors. She must make her decision on what she sees, is concerned that the mediation did not work as well as it might have. The Lopez's have not asked for any variances. It is within zoning, allowed by the CC &R's and supported by the Planning Commission. Regarding staff's options, she would like to see a modified Option 3, and asked whether or not the Perry's want the skylight, which she thinks is a reasonable mitigation, as well as additional landscaping. If the belly band is something the appellants did not necessarily want, she did not want the applicant to incur the added expense. Mayor Hosterman suggested a motion to approve Option 3 which is deny the appeal and approve the project as proposed, subject to conditions of approval that include mitigation measures offered during mediation, which she felt could be worked out. Councilmember Thorne said it is very difficult in such situations given conflict in a neighborhood. He thinks the project meets all criteria and zoning requirements and no variance has been requested. Therefore, he would lean on the rights of the property owner. He thinks it was a mistake not to erect the story poles which he thinks would have solved many problems, and supported Option 3. Councilmember McGovern said she sees this was not done by an architect, said the windows closest to the front door are not correct, and she suggested future staff reports include colored photos or renderings. She said going to a second story will occur more and more in Val Vista, and she noted the home is a 6 bedroom, 4 bath house on a 6,000 square foot lot, which is an incredible size for the lot, as well as its unusual lot configuration. She referred to the picture; A.2.1 and it sounds as if neighbors are asking that it be move back from the street. Mr. Dolan City Council Minutes Page 8 of 11 February 15, 2011