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BACKGROUND On January 26, 2015, the applicants submitted an Administrative Design Review (ADR) application to: (1) construct an approximately 297 square-foot single-story addition with an open-sided 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. After the ADR public notice was sent, Jamison and Elizabeth Cummings (5204 Hummingbird Road) contacted staff and indicated that they had concerns regarding the subject proposal and the potential impacts to their home (Exhibit C). A primary concern expressed by the Cummings was that the 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 applicants. On March 10, 2015, a Zoning Administrator hearing was held on the subject proposal. The hearing was attended by Jamison Cummings and the property owner Zarina Kiziloglu (please refer to 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 the view 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 scope of work. 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 subject parcel and the Cummings parcel to block views from the balcony to the pool Because the Zoning Administrator believed that reasonable mitigation was required of the project to address privacy concerns, the application was approved with conditions as shown in the Zoning Administrator's Approval Letter dated "March 10, 2015" within Exhibit A. Between March 10 and March 23, 2015, staff worked with the applicants and the Cummings to craft mitigation that would be acceptable to both parties. This task included identifying a species of tree for the vegetative screen that would not drop a substantial amount of organic material or have invasive root systems so as to not negatively affect the Cummings swimming pool or irrigation system, evaluating potential alternative locations within the applicants' yard to plant a single larger tree, such as a camphor tree, as opposed to several trees along the fenceline to accomplish a vegetative screen, and adding a restrictive covenant giving the Cummings the exclusive right to enforce maintenance of the vegetative screen and fence, based on parameters established by staff. These measures/conditions were all rejected by the Cummings. P15-0037, Kiziloglu Addition Planning Commission 2 of 11