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Commissioner Allen stated that she cannot support this application because first, she believes the scale of this home is out of scale to the adjoining home and the interior of this neighborhood and the majority of this neighborhood primarily; and second, because it significantly detracts from the view of the neighbor and also impacts the privacy of Ms. Bengtson. Commissioner Ritter agreed that this is a hard one because it is a neighbor issue. He indicated that Ms. Bengtson has done so many good things in the community and the City really appreciates that and everything else that she has done. He added that not many living people have their name on the wall of a building. Commissioner Ritter stated that if this neighborhood really believes it needs to be single story and that it is truly the way they want it to be moving forward, they should be encouraged to put an overlay zoning ordinance. He added, however, that he also believes right now that the Schmitts have presented a plan that meets the code and is acceptable through all City ordinances, and he does not want to take that away from other residents by saying that here is an ordinance and everyone has to follow the rules, and then agree to bend them if everybody jumps up and down. He indicated that his stance is either follow the ordinance or fix it. Commissioner Ritter stated that he is a little disappointed that the applicants could not come to a better agreement with the neighborhood. He indicated, however, that he is inclined to accept the application, but with some changes. He noted that he really does not like those windows out onto Ms. Bengtson's yard and would like them either moved to another side or removed altogether. Commissioner Piper stated that her feeling, as it was the last time, is that she is in support of the preservation of property rights. She indicated that she thinks this neighborhood is a delightful and beautiful and wonderful neighborhood that has many single stories, but she also thinks that it is unreasonable to restrict people to do what they want to do with their homes if it is reasonable. She stated that she believes the applicant has proposed something that is reasonable for the neighborhood, even though it is going up. She pointed out that people building onto their homes is the natural progression and maturation of a neighborhood. She added that the people here feel that their neighborhood is special and there is no doubt that Rosepointe is special. She indicated, however, that she feels strongly that people cannot be prohibited from doing what they want with their home as long as it is within reason. She added that she also does not agree with Chair O'Connor and Commissioner Allen that approving this project would necessarily be opening up a new precedent. She noted that there has never been a restriction on this neighborhood to begin with, so anyone can come forward at any time with an application. She added that she does not believe that if this were approved, staff will suddenly receive five new applications on Hamilton Way to build two stories. Commissioner Balch agreed that this is a difficult decision. He stated that he believes in general that it probably is the natural progression to go to a two story from a single story in a development. He noted that it saddens him that the Rosepointe neighborhood has not taken the steps necessary to work to put a zoning overlay on to protect what they opine is precious to them, and he would strongly encourage that action. He indicated PLANNING COMMISSION MINUTES, November 12, 2014 Page 19 of 35