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Y unanimously. 3. Copy machine policy Ms. Anderson read the staff request for a copy machine policy and gave the report of the Committee's recommendation. President Oxian asked for a vote on the Committee's recommendation. The motion passed unanimouslv. 4. 1244 Lincolnway East -- LWE -LHD - Demolition Mr. Duvall read the Staff report. Mrs. Kathy Dempsey, Director of the Department of Code Enforcement presented Code Enforcements history of the property. Most significant to Mrs. Dempsey was the attractive nuisance the building presented to children and vagrants. She explained all the possible receivers for the building had fallen through not because the costs were prohibitive, but because the ownership was such a problem. She commended the Commission's attempts at salvaging the building, but stated in her opinion, no stones were left unturned and she respectfully requested the approval of the COA for demolition. Mr. Kenny Kent, owner of 1234 -1236 Lincolnway East addressed the Commission. Mr. Kent inquired if the Commission had any direct contact with Dr. Klopfer. President Oxian explained each time the Staff contacted Dr. Klopfer he had stated his intention to save the building. Commissioner Hostetler noted that Dr. Klopfer had stated his intention was to restore the house and that was the assumption the Commission had been operating under. She noted Dr. Klopfer had gone so far as to ask permission to put temporary storage structures on the site for the repair of his building. Mr. Kent inquired if the whole thing was a smoke screen, because his understanding was if the building was torn down, there would be a lawsuit against the City. President Oxian stated in his opinion, the owner was desirous of demolition and a lawsuit with the City. Mr. Kent agreed with Code Enforcement that the building was a hazard, but he was concerned with what would happen after the building was torn down. Mr. Kent inquired if the Commission had enough teeth to prevent Dr. Klopfer from constructing something the neighbors would not want in their neighborhood. Commissioner Hostetler said she believed that would be a zoning issue. Mr. Kent replied the zoning in the neighborhood was "B" residential which outlawed commercial uses except medical offices. Mrs. Dempsey concurred. Mr. Duvall stated other uses that were not strictly commercial uses such as fraternity houses or clubs were allowed. Mr. Kent inquired if the Commission would be able to prevent Dr. Klopfer from constructing anything he wanted on the site. President Oxian said anything that was to be built on the site would have to be approved by the Commission. Commissioner Bullene noted the only concerns of the Commission would be the exterior of the structure and landscaping issues. He noted the Commission could make no judgments on the use of the site. Commissioner Bullene said it maybe the only thing stopping Dr. Klopfer from building a medical office on the site is the existing structure. Mrs. DeRose explained he could use the present structure for a medical office if he so desired. President Oxian inquired if the Commission could take him to court for violating the Commission's Maintenance Ordinance. Mrs. DeRose said that is what Code Enforcement had done. President Oxian inquired if it could be pursued in a higher court. Mrs. Dempsey said even if that happened, Dr. Klopfer may incur a Civil Penalty, but it would not result in the property getting repaired. Commissioner Bullene inquired who would pay for the demolition. Mrs. Dempsey responded that the City would and they would seek collection of the demolition costs from Dr. Klopfer. Commissioner Bullene inquired if the owner failed, did the City seize the property. Mrs. Dempsey replied they could foreclose on the property. Commissioner Bullene inquired if