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THE CITY OF 16 CITY COUNCIL AGENDA REPORT pL EASANTONo August 18, 2015 Community Development Planning Division TITLE: P15-0037, CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR ADMINISTRATIVE DESIGN REVIEW (ADR) AT 5196 HUMMINGBIRD ROAD TO: (1) CONSTRUCT AN APPROXIMATELY 297-SQUARE-FOOT SINGLE-STORY ADDITION WITHOUT A SECOND-FLOOR BALCONY ON THE REAR OF THE RESIDENCE; (2) CONSTRUCT AN APPROXIMATELY 558-SQUARE-FOOT SECOND-FLOOR ADDITION ABOVE THE GARAGE ON THE EAST SIDE OF THE RESIDENCE; (3) INSTALL FIVE NEW DORMER WINDOWS; (4) INSTALL A NEW ROOF OVER THE FRONT PORCH; AND (5) INSTALL NEW SECOND-FLOOR WINDOWS AND DOORS APPLICANTS: KURSAD AND ZARINA KIZILOGLU APPELLANTS: JAMISON AND ELIZABETH CUMMINGS SUMMARY The applicants, Kursad and Zarina Kiziloglu, requested ADR approval for improvements to their home at 5196 Hummingbird Road. After a Zoning Administrator hearing at which the project was approved as proposed, Jamison and Elizabeth Cummings appealed the decision to the Planning Commission, expressing concerns that the proposed second- floor balcony portion of the proposed project would enable views into the Cummings' bedroom and backyard/swimming pool area. The Planning Commission modified the Zoning Administrator determination, approving the project as proposed and subject to the same conditions of approval, but denying the second-floor balcony portion of the Kiziloglus' request, citing agreement with the Cummings' concerns related to privacy, as well as a concern of setting a precedent of allowing second-floor balconies at the rear of residences within the subject neighborhood. The Kiziloglus subsequently filed an appeal of the Planning Commission's determination and requested the City Council to approve the project as proposed and/or if the second-floor balcony is again denied to remove Condition of Approval #7 (Attachment 4), which relates to the installation and maintenance of vegetative screening along the property line shared by the Kiziloglus and Cummings. PLANNING COMMISSION ACTION On May 27, 2015, the Planning Commission, on a 3-1 vote, upheld the Cummings' appeal and modified the Zoning Administrator's action, approving the project as proposed, but without the balcony and subject to the same conditions of approval.