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11-13-2017
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2017 Boyd v. HPC
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HPC Administrative Record
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9/6/2017 9:01:48 AM
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11/8/2017 2:54:13 PM
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City Council - City Clerk
City Counci - Date
9/5/2017
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Preservation Commission shall recommend the designation of historic landmarks . . . " <br /> (emphasis added). Section 21-13.02(g), to which Mr. Boyd refers, states, "Develop historic <br /> preservation plans for historic landmarks and districts and, together with other public or private <br /> agencies or officials, assist in the administration and implementation of such plans." There is no <br /> use of prescriptive terms such as "shall" or"must". This is merely a statement of a power which <br /> the HPC possesses, and not a duty to affirmatively do anything. The HPC has the power to <br /> create a preservation plan and to assist in the administration and implementation of such a plan, <br /> but has no duty to do so in any particular instance. <br /> C. The HPC correctly denied Mr. Boyd's COA application after it considered all required <br /> factors in its evaluation of COA Application No. 2017-0602A. <br /> HPC complied with all applicable laws, ordinances, and guidelines when it voted to deny <br /> Mr. Boyd's application. Under City of South Bend Ordinance 9495-04, Section 21-13.02(e)(1), <br /> the HPC must consider the following factors in its evaluation of a COA application: <br /> (1) Appropriateness of the proposed construction, <br /> reconstruction, alteration, demolition, or moving to the <br /> preservation of the historic landmark, specifically, and/or <br /> the Historic Preservation District, generally. <br /> (2) The detriment to the public welfare if the proposed <br /> construction, reconstruction, alteration, demolition or <br /> moving is permitted even though it is not deemed <br /> appropriate; and <br /> (3) The potential hardship that the denial of a certificate of <br /> appropriateness would cause the applicant. <br /> HPC has also been authorized to publish, and has published, standards and guidelines known as <br /> the Group B Standards. These standards give an applicant and HPC additional factors to <br /> consider when ruling upon a COA. A true and accurate copy of the Group B Standards are <br /> attached as Exhibit "K". Mr. Boyd's COA Application No. 2017-0602A, like its predecessor, <br /> 11 <br />
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