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BACKGROUND <br /> The applicants, Rodney and Trina Lopez, applied for Administrative Design Review <br /> approval for additions to their home at 6114 Homer Court totaling approximately 1,118 <br /> square feet (approximately 80 square foot single-story addition and an approximately <br /> 1,038 square foot second-story addition). During the review process, their neighbors, <br /> Joe and TinaMarie Perry, expressed concern that the proposed second-story addition <br /> would reduce the sunlight on their property. In an attempt to address this concern, the <br /> Lopezes offered to pay for the construction of a skylight in the front room of the Perry <br /> residence. This offering was incorporated into the project conditions of approval as <br /> follows: <br /> Condition number 8 of Resolution 11-420 <br /> In order to allow for additional sunlight in the Perry residence, the applicants shall <br /> provide payment for the cost to purchase and install one skylight in the front room of the <br /> Perry residence. The amount of the payment shall be determined by the lowest of three <br /> bids obtained by the Perrys for the time and materials of a licensed contractor to <br /> complete the installation of the skylight. The funds shall be provided to Joe and <br /> TinaMarie Perry by Rodney and Trina Lopez within 30 calendar days of receiving all <br /> three bids. The cost shall not exceed$2,500.00. <br /> In accordance with the above condition, the Perry's obtained three bids to complete the <br /> installation of the skylight and all were in excess of $2,500. As a result, the Perry's <br /> interpretation is that they should be paid the $2,500 which can put toward the skylight at <br /> a later date once they have the additional funding to complete the project or they can <br /> use it for another purpose. The Lopezes disagree and as a result they have submitted <br /> an application for design review to amend the existing condition #8 to reflect their <br /> position. <br /> Staff intended the condition to allow alternative uses of the $2,500 and has interpreted <br /> the condition in that manner. <br /> The Planning Commission denied the Lopez's request at their January 25, 2012 <br /> meeting. The Lopezes filed an appeal of the Planning Commission decision on <br /> February 8, 2012. The appeal is therefore before the City Council. <br /> OPTIONS FOR CONSIDERATION <br /> The City Council has several options in considering this appeal. The following are <br /> options the City Council may wish to consider and/or discuss. <br /> Option No. 1: Make no changes to the conditions in Resolution 11-420. <br /> This option assumes that condition #8 of Resolution 11-420 would remain unchanged, <br /> thus requiring the Lopezes to make the $2,500 payment with the understanding that the <br /> Perrys may use the $2,500 payment by the Lopezes for a skylight or other purposes. <br /> This coincides with staff's interpretation of the condition. <br /> Page 2 of 4 <br />