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Staff responded that the type of small lights shown next to the doors is typically low- level light. There are conditions to require that they be low intensity and that they not be up lighting and they are more for decoration. There would be the opportunity that they be seen by the appellant's backyard and there could be a condition added that they be eliminated; however, there is no safety reason as why they cannot be included in this instance. Councilmember McGovern clarified the height of the turret is 31.5 feet. Staff explained how it is actually measured and she commented that it should be called what it is. Is it from the ground up and if this is supposed to be 30 feet, I would like us to keep things under 30 feet. We should have some consistency. It also shows the balcony as square, but definitely not circular. Was that changed at sometime? Staff indicated it is just a question of how it was drawn and referred to exhibit E-5. It is hard to draw in an elevation view a semi-circular. Council member McGovern commented on the use of story poles and asked if they are used. Mr. Iserson responded yes. Councilmember McGovern indicated, looking at the picture of their current house and then looking at this, the mast seems to be a lot higher. It is hard to envision how much planting is going to help or how much a fence is going to help. They have a 5.3" fence, which seems to be typically shorter than most fencing. Mr. Iserson advised that the typical fencing is 6 feet in height and there are provisions in increasing those provisions to 8 feet. His understanding is that the owners did offer to build an 8-foot fence to help mitigate the views and it was not acceptable to the homeowner. Councilmember McGovern when using plantings as screenings to soften and give privacy, what happens if the landscaping is not maintained? Mr. Iserson responded a landscape plan has conditions that get approved with the project and are supposed to be maintained. Typically if a plant dies or does not survive it should be replaced. Councilmember Sullivan questioned actual footage between the houses. Mayor Hosterman opened the public hearing: Steve Stanton, appellant, addressed the Council regarding concerns of the project. He asked Council to be aware of the many mistakes that have been made on the plan. The numbers did not add up and he believed it was the Planning Commission's responsibility to assure they are right. He asked the City to guarantee that the Floor Area Ratio was right. He believed the numbers were wrong. With regard to the trees, he commented that he does not think that anyone wants the trees. If trees are planted that have color, it will cause issues with the dropping of flowers and seeds. The proposed trees can grow 40 feet and would spread out a great deal. That will cause problems with dropping seeds and cause a poisonous situation. City Council Minutes 9 September 5, 2006