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Ms. Lopez stated that in her opinion, there was never the intent to install a skylight. She noted that the Council approval was given back in February, and the best opportunity for anybody to see the lighting in the home was during the summer months when there is most lighting, at which time the Lopezes' home was already erected. She further noted that they got the bids in November, when typically there is a lot of rain. She added that this never went beyond what the Council had agreed upon that they —the Perrys and the Lopezes —were to work it out. Rodney Lopez stated, in summary, that they are not saying they are not going to pay. He stated that they will pay the funds as specified in the option, but they want the skylight to be installed first. He added that they felt that during the process, a lot of the arguments were being brought up just to put up obstacles, and they wanted to make sure that if this is a real issue, then the Perrys should take care of the issue and the Lopezes take care of their portion. Ms. Lopez stated that they are here to mitigate the Perrys' issue and concern about shadowing or shading. She added that they are willing to accept that responsibility by paying up to the $2,500, but they want it for what the intention is, which is to install a skylight, and not for any other purpose. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connor stated that it is unfortunate that the wording was not a little sharper from the beginning, but nobody anticipated this. He indicated that as the Commission has mentioned in the past, disputes between neighbors, especially next door neighbors, are always difficult. He stated that he believes that in the interest of putting this matter to bed and quieting things down, the wording of the condition should remain with no changes made. He noted that it has been more than a year, and this matter should have come up at the time the condition was written and not this late. He indicated that he originally thought that he would like to see the skylight installed, but now that the construction is all done, the skylight may not be the best solution and there may be other ways to spend the money to make things easier on the neighbors. He indicated that he would not have a problem with the Perrys using the fund for something different. He added that he thinks this matter needs to be put to bed so things can start to heal. Commissioner Blank stated that he suspects that regardless of whatever decision the Commission takes here, this will probably go to another body for final resolution. He agreed with Commissioner O'Connor that this is an unfortunate situation. He noted that the wording is perhaps not as elegant as it might have been, but he did not think that the wording should be changed. Commissioner Pearce stated that she agreed with Commissioner O'Connor. She indicated that she read the City Council meeting Minutes to see if there was a discussion about the intent and if there was concern that it might not happen, and she did not see any of that. She noted that this was a 3-2 vote with the Council approving Option 3 which included this condition, and she needs to rely on that. She added that if EXCERPT: PLANNING COMMISSION MINUTES, January 25, 2012 Page 10 of 12