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would be conditioned to maintain those project specifications which would include the lighting. Chair Allen asked the Shoemakes if they would be willing to have their neighbors come over to take a look at the lighting plan. Ms. Shoemake replied that they would be happy to have Ms. Martin over. She added that the lighting would be recessed in the roof, and it would be impossible for the light to affect the neighbors, given the way their yard is positioned. Commissioner Balch stated that he understands the structure needs a building permit because it is over 120 square feet. He asked staff what the ten feet is about. Mr. Weinstein replied that if the structure is less than ten feet tall, the proposal would not have to go through the Administrative Design Review process where the neighbors are noticed and the proposal for architecture and design are reviewed by Planning staff. Commissioner Balch clarified that a building permit is required even if the structure meets the minimum building size; however, if it is under ten feet tall, the proposal does not need to be noticed. Mr. Weinstein replied that was correct. Mr. Shoemake indicated that they still need a building permit. Mr. Weinstein replied that is correct, but not a Planning review. Chair Allen verified that TVs are permitted in backyards, whether or not there is an awning or swimming pool. Mr. Weinstein said yes. He indicated that one can drag a TV up the middle of the lawn, plug it in, and listen to it or watch it. Commissioner O'Connor stated that he heard concerns over lighting, noise, and privacy. He noted that the lighting will be tucked up under the roof, so there will not be a problem with lighting spillover since the gutter is only at eight feet, and staff will review the lighting plan. He indicated that the noise is going to be covered by the City's Noise Ordinance, and if it is intrusive, the applicants would either correct it or it will come back to the Commission. He added that there should be no problem with privacy as this will be about people at ground level. Chair Allen stated that there is another possibly subtle concern, whether with privacy or the view, in connection with Ms. Brillhart's request to have some additional trees planted that would create screening so she does not see that roofline. Commissioner Balch indicated that he is not supporting that idea and would like to see where the Commission stands on that element before presenting it to the applicant. He stated that one thing he has seen people do to address the privacy concern where the structure's lower pitch point is above a six -foot fence point is to put in lattice work at two PLANNING COMMISSION MINUTES, June 24, 2015 Page 52 of 54