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Mr. Potts stated that if the intent meets the guidelines to keep the windows in, they would support this and submit it with the completed attic. He added that should the Commission deny the request for the second-floor windows on the end elevations and make them return for the minor modification, they would take the existing conditions, remove the windows, submit working drawings, and add the square footage and window at a later date should the applicant desire. He indicated that they were submitting basically to proceed with construction documents to get the project moving in the permit phase so they cannot be half way in-between a code cycle which changes on January 1, 2011. Commissioner Blank inquired if the applicant was willing to accept the staff recommendation as is. Mr. Potts replied that they would prefer to have an approval today and no continuance. Commissioner Blank stated that back in 2001, there might have been a very specific quid pro quo between the City and the Park District and that he cannot make that judgment without looking at the Minutes of those meetings. He acknowledged the fact that the applicant is willing to accept moving forward with the project as is and stated that under Matters Initiated by Commission Members, he would request staff to do additional research on the matter and determine some alternative after information has been received. Ms. Stern stated that when the submittal for a modification is received, staff will agendize it as soon as possible and notice it to receive a response from the Park District. Commissioner Blank inquired if this could take up to a month. Ms. Stern replied that there is a 10-day noticing period and a 20-day appeal period associated with a Minor Modification application. Commissioner Blank added that if the action were appealed, it would have to be scheduled for a hearing. He noted that this is something the Commission cannot control. Commissioner O’Connor inquired if the application would go to the Council if it became a Major Modification. Ms. Harryman replied that it would have to go to the Council. Mr. Dolan stated that staff looked at the side windows and asks the same questions of the Commission. He noted that the issue seems to be fairly benign, and staff questions if they are really a problem; however, what is of most importance to staff is that at the time the project was approved, the Council felt it was an important enough issue and PLANNING COMMISSION MEETING MINUTES, November 10, 2010 Page 10 of 13