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Commissioner Brown asked if Commissioners would like to talk about FAR and questioned whether or not it should be similar to what existed such as demolishing a small house on a large lot and then putting a larger Victorian style. Mr. Dolan confirmed that limitation is set within the ordinance language. Commissioner Balch noted that if someone wanted to build a larger Victorian, they could come back around through Design Review and theoretically get the 20-year restriction off of it. Ms. Harryman clarified that anyone within the 20-year period could make that request which would include initial reconstruction as well as a future owner wanting to come back and making the request. Commissioner Brown posed a question to Ms. Harryman regarding the greater of replacement value versus appraisal value. Ms. Harryman responded that the appraised value versus the replacement value is what is used to determine the value for the heritage tree ordinance. Settlements are often negotiated in these cases, but the appraised value or the replacement value, whichever is higher, would determine the ceiling with discretion by the Community Development Director. While it is great to have that language in the ordinance, practically speaking, people do not always write a check for a large amount. Commissioner Ritter said he agrees with the method of using the greater of either replacement value or appraised value, likes the wording "same or comparable historical styles" and Chair Allen's comments. This would allow for leeway yet achieve what they want. Commissioner Balch referenced language in Exhibit A, Section B under Fines and said the word "can be based upon" is the point of his question and he asked why it should instead state "shall, or must, be based upon". Mr. Dolan confirmed that the language will be amended to replace "can be" with "shall be". Commissioner Balch referenced Section A and asked whether any prior written City approval is required, or he questioned whether or not this mattered. Ms. Harryman said for a permit and a design review approval it is unlikely to be an over-the- counter agreement. Commissioner Balch suggested this be clarified to state "prior written City approval." Chair Allen said the intent is that they do not want demolitions occurring and this ordinance is to prevent this from reoccurring, as well as for the ordinance to be punitive, and these standards being set make sense and serve as a deterrent. Planning Commission Minutes Page 11 of 12 November 13, 2019 lower quality home that happened to be on the list, she would rather see that upgraded to Craftsmen or Victorian style that would be on the list. Commissioner O'Connor restated his desire for the design to meet one of the context statements. Planning Commission Minutes Page 10 of 12 November 13, 2019 mber 13, 2019 er than six feet but not over eight feet in height may occupy a required site or rear yard" and he stated the screen wall is 20 feet high; (2) "All additions to main structure which exceed 10 feet in height shall be Planning Commission Minutes Page 3 of 12 November 13, 2019