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located on the side yard and requires a certain amount of air space for proper circulation. She added that the trees proposed have a mature diameter of 10 to 15 feet, which would fill the entire space and prevent the air conditioner from functioning properly. She suggested Italian Cypress trees instead, which mature to only five feet in diameter and which would not intrude into the air conditioner space. She stated that she feels the application is reasonable and asked the Commission to deny the appeal. Jane Medeiros, neighbor, stated that she lives in the backyard of the two homes, and all privacy is virtually non - existent. She noted that the appellants have a deck with a sliding glass door that looks right into her master bedroom, and her master bedroom windows look right into their yard. She added that everyone looks into everyone's backyard, and everyone's side yards, ranging in size from five to 15 feet, are not quite usable because all their air conditioners are located there. She expressed amazement that the appellants oppose the window, as they are the ones that most intrude on their neighbors with their huge deck and sliding glass door. Sherry Chenwest, neighbor, stated that the modern day is one with little privacy. She added that a simple window facing a neighbor's house does not push or reach the threshold of what already exists. She noted that the situation is not an invasion of privacy and requested the Commission to deny the appeal. Mr. Susanto confirmed that there is a sliding door on his second -floor that overlooks the back neighbor; however, the distance between the door and the neighbor's house is about 40 to 50 feet, as opposed to the applicants' window overlooking their main patio, which is only about nine feet away and 15 feet to the middle of the patio. He noted that the proposed second -story window would be overlooking everything they are doing in their house. Mr. Leroudier stated that they have made their case and feel that their application for a window does not affect their neighbors' privacy. THE PUBLIC HEARING WAS CLOSED. Commissioner Blank referred to Exhibit I of the staff report and stated that what struck him is that while he cannot be sure of dimensions, there does appear to be greater distance on one side versus another side of the property. He indicated that he drove and walked the neighborhood and saw many second -story windows; however, the key thing that remains unknown is the number of homes that were purchased with those second -story windows already installed. He noted that the applicants' situation is different because the request is being made after they have lived in their home, so the appellants do not have the opportunity to say they did not want to live in their home. He stated that he did not want to make this so onerous such that it cannot be done, but on the other hand, he suggested a compromise of raising the sill higher or planting trees. DRAFT EXCERPT: PLANNING COMMISSION MINUTES, February 9, 2011 Page 5 of 8