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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 there had been a discussion about "should" or "shall" or "may" versus "must," then she would be more comfortable going back into the condition; however, given there was no discussion and it was approved, she needs to support that decision. Commissioner Narum stated that she generally agrees with the Commissioners that considering the intent, the best thing to do at this point is to leave the condition as it is, have the Lopezes make the payment, and get on with this and put it to bed. She noted that she supported this application when it came before the Commission, and she recalled making a comment that of all the neighbors, she thought the one house that was going to be impacted most by this was the Perrys'. She indicated that she was a little distressed to see this come back to the Commission because she believes people should be trying to put the neighborhood back together as best as they can. She stated that the payment needs to be made and that if she were to do anything more, it would be to change the condition to increase the amount to be paid up to $4,000 since that is what the bids are for. Commissioner Olson stated that he is not only distressed that this is back before the Commission but also really hurt for all of these people. He indicated that his sense is that there is no trust on either side and likes the idea of the City, in effect, acting as an escrow here. He stated that he thinks the Lopezes should pay the money to show their intent to pay, and the City should hold it. He added that he thinks the Perrys should get the skylight that they say they want and agreed with Commissioner Narum regarding increasing the amount of money to cover the entire cost of installation. Chair Pentin stated that the term "distress" is pretty well used and added that he feels disappointed that after this amount of time, this neighborhood is still having the problems they are having and the neighbors are having the problems with each other. He indicated that he looks at this a couple of ways: First, when the Lopezes received approval from the City Council, part of that approval was to put aside $2,500 for a skylight; however, with the time that it has taken to build, maybe from the Perrys' point of view, the skylight is not as necessary as some other modifications that might bring more light into the house. He noted that is the Perrys' choice because of the way the Council worded the condition. Second, the other side, is that the Lopezes agreed to pay $2,500, whether it be put in escrow or that the skylight has been put in. He noted that that was the City Council's decision and he does not want to change that. He PLANNING COMMISSION MINUTES, January 25, 2012 Page 14 of 19