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2 KAREN HAMMOND-NASH: Reported one comment and recommendation received from a 3 member of the Leeper Park Beautification Committee, Julia DesLauriers. She recommended that 4 if there is any limbing up to be done, then it is only to be done under the supervision of a trained 5 forester. She also recommended that we not permit the work to be done by the construction 6 crew. 7 8 JOHN LIVINGSTON: I think the city forester could take care of this; because he is a certified 9 forester. We certified the foresters today at the park board meeting. 10 11 MARTHA CHOITZ: I would like to make a motion on C of A 2003-1101, Leeper Park Island, 12 that the trees are to be trimmed no higher then five feet from the ground and that the city forester 13 is to be in charge of all tree trimming. 14 15 LYNN PATRICK: Seconds the motion and it passes unanimously. 16 17 6. 2003-1112; 107 West North Shore Drive; six-foot steel reinforced 18 concrete wall along alley, faced with brick on the yard side and with 19 stucco -like finish on the alley side. 20 KAREN HAMMOND-NASH: This application refers to the same property that was the subject 21 of application number 2003-919-4. The previous application was denied and a new application 22 was submitted. The staff recommends approval of the new application and notes that this 23 application was submitted pursuant to recommendations made by Standards and Maintenance 24 Committee at their meeting on site on October 28th, 25 26 JOHN OXIAN: If you approve this six foot wall, regardless of what it is made of, you will be 27 setting a precedent for anyone else on North Shore Drive, Wayne Street, Edgewater Drive, and 28 Lincoln Way East, to come in and ask for the same six foot, five foot, or four foot wall. From 29 now on through there is nothing that can stop anyone from coming in here and asking for that. 30 If you don't believe this, then look at other court cases that have gone to court on 31 situations like this in historic districts in other commission areas. The wall that you want to 32 approve is going to be higher then the four -foot stone walls that are already around Tippecanoe 33 Place, which is a landmark. 34 35 CATHERINE HOSTETLER: Every property along that alley already has a wall. 36 ' 37 JOHN OXIAN: That was already there when this area became a district. You have to start from 38 the day that the area becomes a district to the present. You cannot take into consideration what 39 was already there before the area became a district. This has always been true and it even states 40 in your Preservation Plan Book that you make your decisions from the day that the district was 41 formed. 42 43 MARY JANE CHASE: This situation is very different because this lot is higher than the alley. 44 In a lot of other districts the lots- are lower than the alley. Is there anything that says that when 45 your lot is level with the alley then you cannot put up a wall; but if your lot is this much higher 46 than the alley, then what is your solution? 47 11