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`r 8.3 Request for Refund of Fees and Permit Charges -- Mr. Melnikoff, <br /> Summitwood Road <br /> Hubbard, Casey and Johnson disclosed that they had visited the site and met <br /> with the applicant. <br /> Council had before them the City Manager's staff report dated 4/15/92 which <br /> included the recommendation that this request for refund be denied. The <br /> report outlined the work done on the property and addressed what part of <br /> the project staff believed to be earthquake related. The redwood deck was <br /> not considered to be earthquake related. An explanation of the fees <br /> charged was also in the report. <br /> Mr. Melnikoff, applicant, reported that he had had approximately $100,000 <br /> damage done to his property in the 1989 earthquake. Repairs were made <br /> to the pool which had shifted and twelve sixteen foot piers had been <br /> placed on the periphery of the pool. Damage was done to the hillside and <br /> an area of lawn adjacent to the pool had been damaged while the repairs <br /> were being made. Mr. Melnikoff stated that they had two options: restore <br /> the hillside or put in a small redwood deck. He noted that the refund of <br /> some original fees paid had been made to the contractor directly. <br /> Unfortunately, that contractor had not completed the project and they <br /> 1111/ were attempting to resolve this through the legal system. Mr. Melnikoff <br /> stated that all of this work was earthquake related and he was requesting a <br /> full refund of the $904.74 fees and permit charges paid to the Town. <br /> Casey and Johnson stated that they both thought the work done was clearly <br /> earthquake related. Tryon stated that even if it were earthquake related <br /> Mr. Melnikoff should have gotten a permit. <br /> MOTION FAILED DUE TO LACK OF A SECOND: Moved by Tryon to return to <br /> Mr. Melnikoff all fees and permit charges except for $100 to cover staff <br /> time and in view of the work not being all earthquake related but rather <br /> due in part to an error made by the contractor. <br /> MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey <br /> and passed unanimously to refund the total amount of fees and permit <br /> charges ($904.74) to Mr. Melnikoff. <br /> April 15, 1992 <br /> 4 <br />