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Commissioner Balch stated that that is a very valid concern and it is definitely something to consider. He indicated that he gives credit that the balcony does not extend to the full edge of the first floor so there will be some setback. He asked the Commissioners if reducing the balcony in any size would get them there or not. Commissioner Piper replied that she did not think it would change her position because it is a100- percent balcony issue. Acting Chair Ritter stated that he is struggling because it is all up to code, but he also thinks it is the Commission's job to make decisions that are appropriate to neighborhoods. He added that this is a tough decision on the Commission and appreciates someone who has lived in the neighborhood. He indicated that in his opinion, he still feels the backyard balcony does not seem appropriate in that area. Commissioner Balch suggested that Acting Chair Ritter make a motion since he wishes to uphold the appellant, Commissioner Piper second the motion, and the Commission takes a vote; and the Commission will know if it is a tie vote, the Commission will know what to do next. Commissioner Nagler commented that if the Commission does that, which is a totally reasonable thing to do, then it eliminates the possibility that the neighbors could still work this out. Commissioner Balch stated that any of the Commissioners could continue the item right now, but until the Commission knows where it is at, it will need to vote to indicate where it is, or it could just do a straw poll. Commissioner Nagler stated that his point is that not knowing gives both sides a motivation to try and work it out. Commissioner Piper stated that if the Commission wants to go to the direction of having the neighbors work it out, it should ask the applicant and the appellant if that is agreeable to them because based on everything she has read, she did not think there is any room for that. Acting Chair Ritter agreed that he gets that idea too. He asked if making the room a little bigger and getting rid of the balcony is something that can be worked out. Commissioner Balch stated that he has gone down this road before, and the Commission can go a long way and get to the same exact spot. He recommended that the Commission either immediately continue the item or immediately make a motion and vote or informally say where each one sits so the Commission knows where it stands. PLANNING COMMISSION MINUTES, May 27, 2015 Page 14 of 18