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THE CITY OF 12 <br /> ^. mho CITY COUNCIL AGENDA REPORT <br /> pL£ASANTON, <br /> March 6, 2012 <br /> Community Development <br /> Planning Division <br /> TITLE: PADR-2090, RODNEY AND TRINA LOPEZ (APPELLANTS AND <br /> APPLICANTS) — CONSIDER AN APPEAL OF THE PLANNING <br /> COMMISSION'S DENIAL OF A REQUEST TO MODIFY CONDITION NO. 8 <br /> OF CITY COUNCIL RESOLUTION 11-420 REGARDING A SKYLIGHT <br /> WHICH WAS PART OF A PREVIOUSLY APPROVED ADMINISTRATIVE <br /> DESIGN REVIEW APPLICATION (CASE PADR-2090) FOR ADDITIONS <br /> TOTALING APPROXIMATELY 1,118 SQUARE FEET AT 6114 HOMER <br /> COURT <br /> APPELLANTS AND PROPERTY OWNERS: Rodney and Trina Lopez <br /> SUMMARY <br /> The City Council approved a second-story addition to the Lopez's home at 6114 Homer <br /> Court in February of 2011. Condition of approval #8 requires the Lopezes to provide <br /> $2,500 to their neighbors, Joe and TinaMarie Perry, to install a skylight to mitigate the <br /> impacts of their addition. Staff has interpreted the condition to require the payment to <br /> the Perrys without assurances that the skylight would be installed. The Lopezes <br /> understand this condition to require payment only after the skylight has been installed <br /> and as a result, they are requesting an amendment to the condition to reflect their <br /> understanding. <br /> PLANNING COMMISSION ACTION <br /> The Planning Commission heard this item at their January 25, 2012 meeting. The <br /> Planning Commission denied the Lopez's request by 5-0 vote. <br /> RECOMMENDATION <br /> Staff recommends that the City Council make no changes to the conditions in <br /> Resolution 11-420 attached to this report as Attachment 1 , with the understanding that <br /> the Perrys may use the $2,500 payment by the Lopezes for a skylight or other <br /> purposes. <br /> FINANCIAL STATEMENT <br /> No fiscal impact to the City is anticipated as a result of this appeal. <br />