|
Choitz: I mean the siding or any of the other earlier windows, were they before the District was
<br />formed?
<br />Riley: I believe it was before.
<br />Choitz: Do you?
<br />UjdaIL I think that you're right as I understand it.
<br />Choitz: Really? Because I don't recall ... I worked on that Wayne Street thing hard, and I don't
<br />recall their having any, that that house ever came up for....it was probably done before.
<br />Hostetler: It was.... well, there's a picture of it in the guidebook, and fyou look at that picture,
<br />and there's a copy of it in that file, it looks like it was aluminum siding when it went in to the
<br />District and that's why it was only rated Contributing.. .
<br />Ujdak: It looks that old 8 inch, that was probably ZS or 30 years ago.
<br />Choitz: If that was done back then, there's no use talking about it. As long as they don't' want to
<br />change it, everything just stays the way that it is.
<br />Patrick If there are no further questions from the Commission, I'll recognize any public who
<br />wishes to speak on this matter either for or against. Seeing none. If there's no additional
<br />elements for presentation, I'd like to close this public hearing, and if there's no further
<br />discussion, or finding of fact....
<br />Peterson: Just one comment here, the staff recommendation says that they recommend approval
<br />contingent upon the stipulation that the original windows be stored. Because the petitioner is not
<br />here, and I'm not sure if you've talked with him or not, in some ways if you add that stipulation
<br />on it, you are in effect denying it, contingent upon their accepting it. So, it would be considered a
<br />denial, with the procedure of a denial, with the hope that they would accept that. So, its kind of a
<br />weird thing that we don't normally run into, but because they're not here we can't really amend
<br />their certificate without them agreeing to accommodate that request.
<br />Patrick: So, we have to make a motion to deny unless they accept that stipulation?
<br />Peterson: Yes, effectively. If you make the motion to say accept with the stipulation, you are
<br />effectively denying it, unless they...
<br />Patrick: But they can do the work then if they accept that stipulation?
<br />Peterson: Well, I don't know, it's a weird... You have before you something that you need their
<br />consent to amend.
<br />Hostetler: No, because its our procedure to always say that the original fabric, I mean that's
<br />standard operating procedure from Day One of the Commission. Unless I'm wrong, Joann.
<br />Sporleder: Its usually requested, but its usually part of, I mean, I think that I would go with what
<br />Counsel says, because the way that we've always done it may not necessarily have been correct.
<br />John always insisted that they keep it, but they were usually there to acquiesce in that.
<br />Peterson: I think that its semantics in some ways, but the fact is that if they don't agree to it, you
<br />are effectively denying it. If they subsequently agree to it, and you make your approval
<br />contingent upon it, then you know, their subsequent agreement to it would be enough to give the
<br />authority to move forward, so... I don't care what you do.
<br />Sporleder: Thank you, Counsel.
<br />Hostetler: We could table it, or put it into committee.
<br />Patrick: Well, people are going to vote...I mean, I don't know how people are going to vote on
<br />this, I mean, I'm inclined to approve it...
<br />Ujdak: Absolutely.
<br />Patrick: And I really don't want it coming back around in January, maybe what we could is
<br />going forward is advise people that if you're not present, it could be tabled, or if you don't have
<br />someone there present to speak for you.
<br />Hostetler: He did receive the letter, he received a copy of the agenda, and he did receive a copy
<br />of the staff report.
<br />Patrick: Mmm-hmm.
<br />Peterson: [Unintelligible]
<br />Patrick: I would rather move forward on this rather than it come back around in January.
<br />Ujdak: Absolutely.
<br />C
<br />
|