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could approve the application and add the conditions before a building permit is issued, or the <br /> Zoning Administrator could deny the application. <br /> Ms. Kiziloglu asked that the maturity and height of the trees upon planting be reasonable in <br /> respect to the fact Mr. Cummings has stated he is not weary of Ms. Kiziloglu peering into his <br /> yard but rather of future residents. Ms. Kiziloglu stated she will be residing at the subject <br /> residence long enough for the trees to grow to the desired height. Ms. Kiziloglu also asked <br /> that the language of the condition pertaining to the fence repair specify that she will be <br /> financially responsible only if the damage is caused by the trees. <br /> Mr. Weinstein asked Mr. Cummings and Ms. Kiziloglu if they would agree to the proposed <br /> solution of crafting specific conditions in regard to the trees. Mr. Weinstein explained, the <br /> Staff would craft conditions of approval specifically addressing the size and density of the <br /> trees required to form a hedge, and Staff would draft a restrictive covenant to address long <br /> term maintenance and fence issues. Mr. Weinstein said the draft conditions of approval and <br /> restrictive covenant would be sent to Ms. Kiziloglu and Mr. Cummings for review and <br /> comments. <br /> Mr. Cummings said he would need time to review the conditions and discuss the proposal <br /> with his wife. <br /> Mr. Weinstein again asked Mr. Cummings and Ms. Kiziloglu if they would agree to continue <br /> the hearing to a later date in order to craft and review the conditions. <br /> Ms. Kiziloglu responded the construction has already been delayed for months due to the <br /> time it took to fill out the necessary paperwork and get to the point it is now. Ms. Kiziloglu <br /> asked if she could get a conditional permit to begin the construction not necessarily related to <br /> the balcony, such as pouring the foundation. <br /> Mr. Cummings agreed to Mr. Weinstein and Ms. Kiziloglu's proposals. <br /> Mr. Weinstein asked Mr. Luchini if he could conditionally approve the portion of project not <br /> pertaining to the balcony so Ms. Kiziloglu could begin that construction while the balcony <br /> conditions were being crafted. <br /> Mr. Luchini replied that the 15-day appeal period begins on the date of approval from the <br /> Zoning Administrator. Mr. Luchini explained that Ms. Kiziloglu would have to wait until the <br /> appeal period ends before pulling a permit for the project. Mr. Luchini added that there is a <br /> waiver that can be filled out during the 15-day appeal period that would allow the applicant to <br /> submit for plan check at the risk of the project being appealed. Mr. Luchini addressed his <br /> concern that it could take a couple of weeks to draft the conditions of approval and if Mr. <br /> Weinstein were to approve the project today in order to start the 15-day appeal period, it <br /> would only leave a very short window for either party to appeal the decision if they were not in <br /> agreement with the conditions. <br /> Mr. Weinstein responded he could approve the project with the exception of the balcony <br /> today, adding a condition that the conditions of approval for the balcony and restrictive <br /> covenant be crafted and sent to the applicant and appellant for review at which time another <br /> Zoning Administrator hearing could be set. <br /> P15-0037, Zarina Kiziloglu, March 10, 2015 <br />