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46 Upon a motion by Jerry Weiner, being seconded by Martha Choitz, the motion to 47 approve application 2001-0122 as submitted passed unanimously. 48 49 2. 2001-0129 — 511 W. Colfax, fencing. 50 51 RHONDA SAUNDERS: The history will be waived as it has been read into the 52 minutes previously. 53 54 CATHERINE HOSTETLER: Is there anyone from this property who would like 55 to speak on this issue? 56 57 KURT HESCH: I am Kurt Hesch with Cal Pro Fence. There is one small detail that 58 was not in the staff report. The owner would like to add a center divider to create two 59 separate play areas. 60 61 MARTHA CHOITZ: I move to approve application 2001-0129 as submitted with 62 the addition of a chain link center divider as described by Mr. Hesch. 63 64 RICHARD HELMUS: I second the motion. 65 66 After due consideration, the following action was taken: 67 68 Upon a motion by Martha Choitz, being seconded by Richard Helmus, the motion 69 to approve application 2001-0129 as submitted with the addition of a center divider 70 passed unanimously. 71 72 3.2001-0130 —14297 SR 23 73 74 CHERYL GREENE: Listed on the agenda for the Commission this evening, as a 75 Certificate of Appropriateness is 2001-0130 for property located at 14297 SR 23. It is 76 my understanding that the property owner now wishes to rescind the landmark 77 designation on this property. The advice that the Commission received from another 78 attorney in the city legal department was that the procedure for rescinding landmark 79 designations was by means of a Certificate of Appropriateness. Upon further research 80 legal has determined that the proper procedure to rescind a landmark designation is by 81 way of an ordinance. It is kind of the reverse of what happens when the Commission 82 designates a landmark. The mechanism for rescinding landmark, status would be by 83 means of an ordinance. The ordinance generally originates with this commission and 84 then goes to the County Council for approval. You do have an action before you related 85 to rescinding landmark status of this property; it is not a Certificate of Appropriateness. 86 The Commission will have to make a determination as to whether or not they want to 87 proceed with rescinding the landmark designation as an ordinance. 88 89 JOHN OXIAN: If we are going to do this then the proper way will have to be done 90 under the ninety day ordinance, which means if the Commission chooses to rescind the 91 designation we will have to introduce the ordinance to the County Council and bring it 2