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Mayor Hosterman called for a brief break at 10:20 p.m. and thereafter, reconvened the regular meeting at 10: 22 p.m. Rodney Lopez, applicant, spoke of their need for a home to accommodate their growing family's personal and green business (work at home) needs, said the CC&R's and the zoning regulations will state that second stories are allowed but not a right, and stated their preference to remain in their home and not move. He met with neighbors in the cul-de-sac and received support from all. They took into account aesthetics, size and impacts, and decided on the roof height of 7 feet under the allowed limit, moved the addition to the front of the home which minimize impacts to rear neighbors. They also considered single story expansion and found it would take away most of the children's play area, would still require them to build on the second floor, was not financially economical, require them to move out during construction, and more off-site storage capacity. Mr. Lopez said design with concessions is the best option for their family's situation at this point. Theirs would not be the largest in Val Vista but would be within the range of homes' square footage and FAR. He said all mitigations and changes have added thousands to their budget, and while passionate concerns have been raised, their home addition is well designed that will add value to the neighborhood. He said the home is in compliance with all zoning codes, they meet or exceed all requirements for setbacks, height and FAR, and are requesting no variances. They have given several concessions to plant trees on the south side of the property, the bathroom windows will be reduced in size and raised overhead to address privacy, the single south facing bedroom window will be reduced in size, since there are no proposed windows on the second floor east side, there will be no privacy concerns for the Perry family, and they have given up Saturday construction work. They have tried to sit down with neighbors which he discussed as being initially rejected. He agreed they initially rejected mediation, but in October, met and offered several resolutions to arguments, which were all rejected. He presented an array slides showing views of the revised proposal from neighbor's homes which he said all address privacy, noise, light, and views. They regret plans have caused concerns, but believe that any stated negative impacts do not warrant preventing them the ability to enhance their property under established zoning guidelines. The appellants have verbally stated they will make the process last as long as possible, which they have succeeded in what is now approaching one year build season. He asked the Council take into consideration the expertise, professionalism, and approval of the Planning Department and Planning Commission decision, and the many letters of support in the community. There is precedence of 15 other two story homes and several are located in a cul- de-sac as well as one that is in the process of obtaining their building permit, which was approved with a setback variance without objection. They have offered many concessions, have spent two months in mediation, and feel they have always been responsible and have maintained their integrity throughout the process and requested the Council render a decision denying the appeal and upholding the original approval of their case with no additional requirements, or Option 2 in the packet. He clarified remaining issues regarding setbacks, videotaping and incidents, their offer to show their plans and arrange a visit with Councilmembers. Mayor Hosterman and Councilmember Cook-Kallio indicated they both drove by the property. City Council Minutes Page 6 of 11 February 15,2011