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although she does not have all of the information she could possibly have, she has enough information to make a decision. Commissioner Blank amended his motion to uphold the appeal. Commissioner Narum withdrew her second of the original motion. Chair Olson seconded the amended motion to uphold the appeal. Commissioner Pentin indicated that he would not support the amended motion. He noted that in everything he has read and from what has been presented, he would deny the appeal. Commissioner Blank stated that the reason he would like to uphold the appeal is because this is a unique property and a unique situation.He indicated that having walked and driven that neighborhood, he had a very difficult time seeing where the placement of the addition would be. He noted that if this was simply permitted by zoning and the Code, the Commission would not have to be involved; the application would just go to staff who would go through the checklist. Commissioner Pentin stated that he does not believe this is what happened because there have been modifications proposed which the applicants have implemented such as moving and redesigning the additions and reducing the size of the windows and providing screening. He indicated that he thinks there has been movement for what the applicants need to do within their rights, and this is what they are asking for. Commissioner Blank stated that he feels there has been movement as well, but not enough. He indicated that he is concerned about the visual impact the addition will have on a large portion of the neighborhood. He noted that if the applicants want a decision tonight, they will have an appealable decision. He added that he firmly believes the lot is unique. Commissioner O’Connor agreed that it is a unique lot because it does meet all regulations. He noted that they are not building over out the entire existing first floor and are staying well back and within the 20-foot setback. He added that the CC&R’s are clear as well. Commissioner Blank stated that the CC&R’s were not as clear as they were portrayed as they state that one has the right “not to exceed” rather than one has the right to “x”. Commissioner O’Connor stated that “not to exceed two-and-one-half stories” indicates that one can build two stories. Commissioner Blank agreed that it allows two stories but that it uses limiting language as opposed to permissive language. PLANNING COMMISSION MINUTES, August 25, 2010 Page 22 of 38