A Menlo Park resident says the Planning Commission is inconsistent in how it makes decisions, and to try to prove her point, is appealing the commission’s approval of a home remodeling project proposed by Councilwoman Kelly Fergusson.

Sue Kayton, a resident of West Menlo Park, lives more than four miles from Ms. Fergusson’s home in the Willows neighborhood, but she asserts that Ms. Fergusson’s project was approved because she is a member of the City Council.

Ms. Kayton added that the commission is more likely to approve projects proposed by well-known local figures, and deny proposals from out-of-town developers.

Ms. Fergusson’s proposal calls for adding a second story to her home in the Willows neighborhood, and the commission voted 4-2 to approve the project at its March 13 meeting.

In approving the project, the commission also approved a variance — an exception to setback and roofline zoning ordinances.

Henry Riggs, one of the commissioners to endorse the project, said commissioners “broke new ground” in approving the variance. He said although the second-story addition would violate zoning ordinances, it was approved on the grounds it is a more convenient and attractive design for the neighbors.

Neighbors and city staff also endorsed Ms. Fergusson’s plans, suggesting the design maintains the sunlight, air and privacy enjoyed by families in surrounding homes.

Mr. Riggs said he hasn’t seen Ms. Kayton’s appeal, but said any claim that the commission makes decisions inconsistently should be taken seriously. He considers the merit of the proposed project, not the identity of the applicant, when making a decision, he said.

Ms. Fergusson, an engineer and former planning commissioner, declined to comment on the appeal.

The appeal is also signed by Ms. Kayton’s husband, Michael Barclay, and Susan and Brian Hart, who live about a half-mile from Ms. Fergusson’s property.

The City Council is scheduled to consider the appeal May 9, and Councilwoman Mickie Winkler will have to recuse herself because she lives within 500 feet of Ms. Fergusson’s property, said City Attorney Bill McClure.

The three remaining council members — Mayor Nicholas Jellins, Lee Duboc and Andy Cohen — will have to vote in favor of the appeal to overturn the commission’s decision, said Mr. McClure.

An unsuccessful Planning Commission candidate in 2003, Ms. Kayton was a strong supporter of Mr. Jellins, Ms. Duboc and Ms. Winkler in the 2002 council race.

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