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Mr. Weinstein asked Ms. Kiziloglu if she would be open to modifying the staircase to create a <br /> larger wall. <br /> Ms. Kiziloglu stated the staircase cannot be changed as it would create floor area ratio (FAR) <br /> issues. <br /> Mr. Luchini asked if the stem-wall on the outside could be extended up higher to eliminate the <br /> direct view to the west. <br /> Mr. Cummings interjected that he is opposed to the balcony regardless of any mitigating <br /> solutions. <br /> Ms. Kiziloglu answered the stem-wall cannot be increased because there is a large Mulberry <br /> tree there. <br /> Mr. Cummings stated he has a Bay tree on the other side of the Mulberry tree. <br /> Ms. Kiziloglu explained the trees are both Heritage Trees and cannot be removed. <br /> Mr. Cummings added that Mulberry trees are typically pruned every six months so the privacy <br /> provided by it is not consistent. <br /> Ms. Kiziloglu replied she does not prune the Mulberry tree as far back as recommended <br /> solely to retain the privacy between her and Mr. Cummings' properties. <br /> Mr. Cummings agreed that Ms. Kiziloglu has not pruned the Mulberry tree as far back as <br /> suggested; however, Mr. Cummings stated he cannot go on Ms. Kiziloglu's word that she will <br /> reside in the residence her entire life. Mr. Cummings is worried that a future neighbor could <br /> prune the Mulberry tree more than Ms. Kiziloglu has. <br /> Mr. Weinstein asked Mr. Cummings if he would agree to the proposed project if there were a <br /> monitoring program implemented to ensure the condition of the hedge along with the <br /> reduction in the width of the balcony. <br /> Mr. Cummings replied he does not want the burden of having to go to his neighbor or to call <br /> the City if one of the trees gets sick or needs maintenance. Mr. Cummings added the trees <br /> will shorten the lifespan of the fence if planted right up against it, costing him time and money <br /> to replace it. <br /> Ms. Kiziloglu said she would agree to the maintenance and cost of the fence being her <br /> responsibility. <br /> Mr. Cummings replied he could not go on her word, and that there would still be the risk of <br /> Ms. Kiziloglu renting or selling the property in the future and the new neighbor not agreeing to <br /> the responsibility. <br /> Mr. Luchini interjected that once the balcony is built the Conditions of approval would go <br /> away; however, Mr. Cummings could request a restrictive covenant be recorded against the <br /> P15-0037,Zarina Kiziloglu, March 10, 2015 <br />