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not totally have the response that you wish from this meeting, but that does not mean that there will not be a solution some time in the future. And now, Joann you wish to make a comment? Sporleder: Yes, I really do not understand why Tim is so hung up on putting exterior storms on this, it has been plainly evident that it doesn't fit. Patrick: I would prefer that you not characterize one of our Commissioners as "hung up ". Sporleder: Sorry. Patrick: Do you have anything else that you wish to say on the matter? Sporleder: I think not. Patrick: Thank you. I'll entertain a motion whether to approve or deny the C of A. I'm sorry? Peterson: I was also thinking that regarding my brief about districts, and what my thought was whether they prohibited the aluminum and the insulating glass. I guess overall I just want to remind the Commission that first of all your goal is to figure out whether or not this proposal is appropriate, considering the structure and its historical significance. Is it appropriate?. And the guidelines are there to assist you, and you promulgated those to provide guidance to the community as well on what is and what is not appropriate. Upon looking at it, to be brief, the actual phrase where it says, in the prohibited section, 'inappropriate new window and door features such as metal, vinyl or fiberglass awnings, hoods or aluminum insulating glass combinations that require the removal of the original window or door shall not be installed.' First, it's qualified by the fact that this particular provision is talking about a feature adding to a window, and what its saying here is that if you have to remove and otherwise usable, effective window to install this, or if you're installing this with a current window and its visible that's what makes it inappropriate, and its prohibited. I don't think that necessarily precludes the fact that if a window is deteriorated beyond repair, or otherwise ineffective or unusable, you could install an appropriate looking insulated glass either in wood or in aluminum if its appropriate. I don't think that it's a complete prohibition, but says what is a prototypically inappropriate when used with a current... window, basically removing a original window for the purposes of adding in an insulated window which is a norm that occurs frequently among areas that are not protected by Historic Preservation. Patrick: Thank you, Counsel. And that is your contribution offending of fact in this matter then? Peterson: I guess that its up to the Commission if they wish to entertain the fact, I think again the pertinent issues are again. 1... Patrick: Shawn? I'm just referencing 'if advisable, the Commission makes findings offact with guidancefrom legal counsel'. Peterson: Right, and that's what I'm saying... when you look at the standards here, again you look at 1. Is it appropriate?, 2.what's the public detriment by allowing inappropriate improvements, and 3., what's the hardship to the applicant by denying the application. So, you have to find if its inappropriate if you wish to deny it, and then in doing so present particular findings that reference either the standards or the application as far as what makes it inappropriate. And then also findings as to whether or not if you allow it what detriment would it be to the public, and finally what hardship would be experienced in denial. So those are the findings that you can do, and instead of actually voting on findings what's meant by the suggestion here is that if someone votes to deny it in a roll call vote, they should say their rationale as they vote. By reference. let's say Todd is the first to vote, he should say that 'I vote to deny because x,y and z' In doing so the findings are in those three aspects. Appropriateness, public detriment, and potential hardship to the applicant. Patrick: Thank you. And now, I would like to entertain a motion whether to approve or deny this Certificate of Appropriateness. Sporleder: I would like to make a motion if I may? Patrick: Certainly. Sporleder: I move that we approve of...where's the application number now? Hostetler: 2006-1108-A. E