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RECOMMENDATION: Adopt a resolution denying modification to Variance No. 2003-03. Chairman noted receipt of a petition from Lew Janowsky and Summary of Facts from Eric Saline. Commissioner Nalle abstained from project due to living within close proximity. Senior Planner, Sergio Klotz presented the staff report and recommendation. Public comments. Applicant Eric Saline commented in support of project indicating his primary purpose with window installation was to allow ventilation. Applicant Sherry Saline commented on conditions of variances being setbacks and firewall. She indicated that changes occurred at onset of project. She noted efforts to appease neighbor. Mr. Lew Janowsky stated that he would prefer that the Commission's original approval be upheld. Chairman Mondo inquired if applicant objected to opaque glass if windows did not open. Applicant responded that he would prefer ventilation. Public hearing closed. MOTION: Adopt a resolution denying modification to Variance No. 2003-03. MOTION: Sinclair SECOND: Lutz VOTE: AYES: Lutz, Mondo, Sinclair (3) NOES: Cribb, De La Torre, Leo (3) - ABSTAIN: Nalle (1) ABSENT: None (0) Chairman Mondo gave the applicant the option to accept a denial and submit an appeal to the City Council or continue item to the Planning Commission meeting on January 10, 2005. Mr. Trevino suggested that staff and the applicant consult with Commissioner Lutz to review his alternative window designs that would allow light/ventilation and not pose the privacy impacts to Mr. Janowsky. Mr. Kaufman noted clarification that staff would need to confirm that construction meets Fire/Building and Safety codes. SUBSTITUTE MOTION: Continue the item to January 10, 2005 Planning Commission. MOTION: Mondo SECOND: Cribb VOTE: AYES: Cribb, De La Torre, Leo, Lutz, Mondo, Sinclair (6) NOES: None (0) ABSTAIN: Nalle (1) ABSENT: None (0) 6. Public Comments (for items not on the agenda) No comments were made. Planning Commission Minutes 9 December 13, 2004