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JOANN SPORLEDER: One was already wrecked and so that was a replacement and <br />then the one on the south end was already half destroyed, at least in July, and it was <br />obvious that it was falling apart for quite some time and something was in the works to <br />get it fixed. <br />TODD ZEIGER: I have a question about your legal advice. I guess my question about <br />what you were talking about not weighing the fact that the work has already been done; I <br />am concerned about that with regard to us setting a precedent for somebody just to go <br />ahead and do the work and then come in for a C of A. <br />ALADEAN DEROSE: Occasionally some people will violate the rules and will not do <br />the appropriate thing and will be forced to redo the work but if someone accidentally or <br />for whatever reason comes in that has pre -done work that is in keeping with all of the <br />rules I don't think we can punish that person by requiring that person to redo the work <br />simply because they failed to obtain the prior C of A. All I am saying is look at it as if it <br />were an initial C of A without any resolutions. <br />TODD ZEIGER: So a future applicant can't use approval tonight as a precedent for <br />saying you approved such and such and they had already done the work. <br />ALADEAN DEROSE: Not at all. All you would be saying by granting this C of A is <br />that the owner had preformed the work in an historically appropriate way. <br />JOHN OXIAN: So in other words when we make a motion like we have done before on <br />something like this then we should put in there specifically that this is not a precedent and <br />give the reasons why we approved it and that this is first and last. <br />ALADEAN DEROSE: Right. <br />TODD ZEIGER: One of my concerns, Joann, is simply the fact the guidelines talk <br />about replication when there is an existing element which was in place by photographic <br />evidence this summer and it talks about if it's not available in more with keeping and I <br />don't agree with the fact that the Doric is more in keeping; the fact that the guidelines are <br />there to protect those elements that are unique to the district. Those capitals were unique <br />and we should have had a conversation about what happens to them before they were <br />replaced. The fact that that they didn't pull a building permit concerns me and that would <br />have triggered the C of A process to begin with and we would have had our conversation <br />about that and maybe be able to help find a location for them. I appreciate your research; <br />but, in our guidelines there it talks about more and I'm not buying into the fact that the <br />Doric are more when the fact is that there was an historic element there. <br />ALADEAN DEROSE: Well you have a committee recommendation so you have to <br />decide whether to accept the committee's recommendation or vote it down. <br />DIANA MATTHIAS: I live at 840 Park Avenue. I hoped the committee would have <br />read the quite long statement that my husband and I sent to you. My husband apologizes <br />for not being here and the reason is written in the statement that we sent you. We would <br />have certainly submitted the C of A before now had we realized we were meant to do so. <br />During the period in March when the neighborhood became part of the historical <br />preservation area I was away in England looking after my mother who in fact died on <br />March the 14`h the very day when the Chapin Park Local Historic District was <br />established. My husband was not well during this period and may have missed mailings <br />or circulars. At any rate we had no idea that we were meant to submit the C of A. It is <br />our understanding that a pre -ordinance guidebook was mailed to residents of the area on <br />or about September the 24`h, 2004. We may have received this guidebook at the time but <br />N. <br />