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pair Smith indicated that the original applicant, clearly, knew what he had done and that <br />he was in error. She believed the new owners would be justified in pursuing some <br />recourse. <br />Mabusth stated that any prospective buyer can go to the City to look at a homes address <br />file and learn about a given property prior to purchasing it. <br />Bremer voiced her concern regarding the application as it affected the new owners. She <br />indicated that she was tom by the timing of the process and agreed with the new owners <br />hat you d like to be ^e to rely on the certificate of occupancy as proof She hoped that <br />•aie City Council might offer them some relief. <br />Mabusth indicated that the letters clearly indicated the dates of contact, the last of which <br />being March 5,2003. <br />Mrs. Chwialkowski stated that they had clored on March 8,2003 and had taken <br />possession of the home by March 5,2003. <br />Althou^ the plans were clear, Bremer asked what the Commission had done in the past <br />in sumlar scenarios. * ' <br />Gaffron agreeu (hat, wiiile the plan sheets were clear, the City Council had ruled both <br />ways on these types of issues in the past. <br />Rahn indicated that the legal recourse for the new owner is clearly a civil action. He felt <br />2nd height issue as well. It was well known what was approved and <br />he went ahead any way and built both the upper deck and larger than allowed <br />Hawn moved, Rahn seconded, to deny Application #03-2880, Randv and Michelle <br />Chwialkowski. current owners of 1926 Fagernes. .'oint Road, denying with some <br />sympathy the After-thc-Fact variances, requiring removal of the second storv deck, <br />and the addition of a railing to make the upper level door safe. Furthermore’ <br />recommending the lower level deck With railings be allowed as-is, and granting a <br />variance for the additional 36 s.f. hardcover, yielding 2,188 s.f. or 26.4% where <br />VOT e'a A's ?! Navs o""**'** approved originally. <br />Hawn suggested that staff continue to monitor Mr. Johnson’s building activity in the <br />Mrs. Chwialkowski indicated that Mr. Johnson continues to build in the area. <br />area. <br />1