The San Jose Planning Commission voted 6-0, with Commissioner Christopher Platten absent, to approve the permit on Jan. 11. Mike and Linh Bauer plan to demolish their 1,400-square-foot Tudor and construct a 3,335-square-foot, two-story Neo-French eclectic style home.

The Bauers presented the commission at the Jan. 11 meeting with revised plans, which will shrink their rear balcony to half its original size. Their rear neighbors objected to the initial design, with a balcony of more than 500 square feet, due to privacy concerns. The new design reduces the balcony to 250 square feet.

The January public hearing was an extension of an appeal heard by the commission on Dec. 7. During the December meeting, the commission asked the Bauers to work with their neighbors and redesign the balcony to no more than 200 square feet.

The Bauers quickly responded, contacting their neighbors the weekend after the Dec. 7 meeting. The Bauers met with rear neighbors Victor and Mariana Giacalone, Edesa Bitbadal and Michael Williams on several occasions, neighbors said, but both sides were unable to reach an agreement.

However, neighbors came to the Jan. 11 meeting willing to compromise. Linh Bauer told the commission that her husband tried to design the balcony no larger than 200 square feet, but the design heightened the pitch and altered the aesthetics of the roof.

"We wish when we worked it out that it would be exactly 200 because that would please everybody," Bauer said.

Instead, the Bauers offered two options: a deck 280 square feet or one 200 square feet. Neighbors objected to the smaller design because it used planters that could be removed.

The 280-square-foot deck, however, is surrounded by permanent planters 2 feet wide and a screening trellis for additional privacy. Commissioner Jim Zito suggested the Bauers increase the width of the planters to absorb more square footage, bringing the deck down to 250 square feet.

"We can get it to 250 square feet exactly," Mike Bauer said.

Although the neighbors had hoped for a 200-square-foot deck, they agreed on the extra 50 feet as long as the Bauers moved their garage one foot off the property line and ensured the garage had a sloped roof. The Bauers agreed.

Zito thanked the Bauers for their work. Commissioner Jay James said he liked the new design.

"I appreciate the work that you folks have done. I know it's a difficult thing; you've got to be good neighbors," James said. "But I believe it will work out for everyone."

After the hearing, Bitbadal said she was pleased with the compromise.

"The design is so much better that way," she said.