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RECOMMENDATION Staff recommends that the City Council adopt the attached resolution denying the Kiziloglu's appeal, thereby upholding the decision of the Planning Commission to approve the project as proposed without the second-floor balcony, subject to the same conditions of approval, except that all references to the second-floor balcony shall be removed from Condition of Approval #7 (Attachment 4). FINANCIAL STATEMENT No fiscal impact to the City or public services is anticipated. BACKGROUND On January 26, 2015, Kursad and Zarina Kiziloglu submitted an ADR application to: (1) construct an approximately 297-square-foot single-story addition with an open-sided second-floor balcony on the rear of their 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. After the ADR public notice was sent, Jamison and Elizabeth Cummings (adjacent neighbors of the applicants at 5204 Hummingbird Road) contacted staff and indicated that they had concerns regarding the subject proposal and the potential impacts to their home (Attachment 5, Exhibit C). A primary concern expressed by the Cummings was that the proposed second-floor balcony would enable views into their bedroom and backyard/swimming pool area. Staff asked the Cummings whether a new vegetative screen in combination with the existing on-site tree/foliage would satisfy their privacy concerns. The Cummings initially indicated they would reluctantly entertain this suggestion, but preferred the second-floor balcony to be removed completely from the project scope. Subsequently, the Cummings requested a Zoning Administrator hearing to discuss the issue and potential solutions further with staff and the Kiziloglus. On March 10, 2015, a Zoning Administrator hearing was held on the proposed project. The hearing was attended by Jamison Cummings and the applicant and property owner Zarina Kiziloglu (please refer to Attachment 5, Exhibit E for meeting minutes). At the hearing, the Zoning Administrator asked Mr. Cummings whether a new vegetative screen, a reduction in the width and depth of the second-floor balcony, and/or increasing the height of the western balcony wall would adequately address his view and privacy concerns. Mr. Cummings generally rejected those options as presented, expressing concerns that a vegetative screen would deposit organic matter in his yard and would not function effectively at blocking views, among other issues. Mr. Cummings preferred that the proposed second-floor balcony be removed completely from the proposed project. After discussion with all parties and review of the proposed plans in the context of the project site and surrounding neighborhood, the Zoning Administrator approved the project, including a requirement that trees be planted to create a vegetative screen between the Kiziloglu parcel and the Cummings parcel to block views from the balcony to the pool. The Zoning Administrator believed that reasonable mitigation was required of the project to address privacy concerns, so the application was approved with conditions as shown in the Zoning Administrator's Approval Letter dated "March 10, 2015" within Attachment 5, Exhibit A. Page 2 of 10