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ATTACHMENT 5 PADR-2090, Rodney and Trina Lopez Application for a modification to a previously approved Administrative Design Review application (Case PADR-2090) for additions totaling approximately 1,118 square feet at 6114 Homer Court to modify Condition No. 8 of City Council Resolution 11-420 regarding a skylight. Zoning for the property is R-1-6,500 (One-Family Residential) District. Brian Dolan stated that Shweta Bonn is the planner assigned to this project, but because of the nature of the issue and because he has had a lot of involvement in this project and handled most of the dialogue regarding this issue, he would handle the presentation and discussion on this item. Mr. Dolan gave a brief background of the project, stating that it was a controversial second-floor addition that was approved by the Zoning Administrator and then appealed to the Planning Commission. He noted that mediation was suggested in the middle of that process, but not everyone was interested. He continued that the Commission then approved the proposal, which was subsequently appealed to the City Council. He indicated that before the item went to the City Council, all the parties agreed to go to mediation to resolve the issues. He noted that while the mediation was not successful, a few ideas came up during the discussions regarding mitigating the impacts of the addition. He further noted that while the neighbors essentially remained opposed to the project and were aware that they were not going to prevail, they were interested in the mitigation measures that came up in that dialogue. Mr. Dolan stated that the house is essentially 95 percent constructed: the structure has been constructed, the exterior completely stuccoed with some detail work still to be done, and some interior work possibly still to be completed. He explained that the condition that has become a problem was where the Lopezes, the homeowners building the addition, were to provide funding for the purpose of providing a skylight to the Perrys who live next door because this construction would constrain the Perrys' view outside and the light available to their front windows. Mr. Dolan indicated that this condition was not included in the Planning Commission's recommendation but was added to the City Council's recommendation as a condition to address that issue. He added, however, that because of the way the condition was written, different people interpreted the condition differently, and the issue came down to whether or not the Perrys are obligated to put the skylight in before they get the reimbursement from the Lopezes. He noted that there is the introductory sentence that talks about what the purpose is, but there is no direct obligation outlined further on into the condition for the Perrys to actually construct the skylight. He indicated that staff has interpreted that the Perrys are not obligated to put the skylight in and this was the understanding when the condition was written. He acknowledged that the condition can be interpreted differently, and the Lopezes objected to staff's interpretation and asked for a change in that condition. Mr. Dolan stated that fundamentally, this agreement is about whether the Perrys could take the money and do something else to alleviate the impact to their home. He added EXCERPT: PLANNING COMMISSION MINUTES, January 25, 2012 Page 1 of 12