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Commissioner Nagler further inquired, if there were a majority in support of this motion, <br />if that action would give the applicant the ability to add whatever the percentage is and <br />come back again to get the plans approved. <br />Mr. Otto explained that if the applicant comes back with a changed plan that did not <br />include the balcony, that would not be consistent with the motion that is being made at <br />this point, which is to approve the project as shown, except without the balcony; it does <br />not add square footage. <br />Acting Chair Ritter stated that he would not be opposed to letting the applicant have <br />square footage. <br />Commissioner Nagler stated that he would support the motion but he does not know if it <br />would be appropriate for the Commission to say to just lop off a deck. He indicated that <br />he thinks the Commission ought to allow the applicant instead to redesign the house up <br />to what is allowed in the code, without the second -story balcony, and to resubmit those <br />plans to Planning for final approval. <br />Commissioner Piper stated that that she thinks an amendment is not necessary as the <br />applicant could come back and do that at any time. <br />Ms. Harryman said that was correct. She indicated that the applicant can either appeal <br />the Planning Commission decision to the Council or go back to the drawing board and <br />resubmit. <br />Commissioner Nagler stated that the applicant could submit a plan that complies to <br />code and come up with exactly this because this complies to code. He indicated that he <br />just wants to make sure that her hands are not tied so she can do what she wants as <br />long as it does not contain a second -story balcony. <br />After some discussion, the motion was re- stated for clarity. <br />Commissioner Ritter moved to uphold the appeal, thereby overturning a portion <br />of the Zoning Administrator's approval of Case P15 -0037 relating to the rear <br />balcony. <br />Commissioner Piper seconded the motion. <br />ROLL CALL VOTE: <br />AYES: Commissioners Ritter, Nagler, and Piper. <br />NOES: Commissioner Balch <br />ABSTAIN: None <br />RECUSED: None <br />ABSENT: Commissioners Allen and O'Connor <br />PLANNING COMMISSION MINUTES, May 27, 2015 Page 16 of 18 <br />