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HPC Administrative Record
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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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0602A would alter and modify the structure, fagade, architectural integrity, and style, by adding <br /> the slanted roof; did not meet the existing character of the structure; and was generally not in <br /> keeping with the historical character or look of the building. The HPC also found that the <br /> application lacked information on the material to be used for completion of the roof or how it <br /> would be covered. The HPC generally found that the roof proposal was not in keeping with the <br /> Standards and Guidelines for review of COAs. <br /> II. Standard of Review <br /> When the Common Council is called upon to review an appeal of an HPC decision, the <br /> Common Council is required to determine only whether the action taken by HPC was: <br /> (1) Arbitrary, capricious, an abuse of discretion, or otherwise <br /> not in accordance with applicable law; <br /> (2) Contrary to constitutional right, power, privilege, or <br /> immunity; <br /> (3) In excess of statutory jurisdiction, authority, limitations, or <br /> statutory rights; <br /> (4) Without observance of procedures required by applicable <br /> law or ordinance; <br /> (5) Unsupported by substantial evidence. <br /> Mr. Boyd's position statement does not argue that HPC's decision was arbitrary and capricious, <br /> or that the decision to deny his application was contrary to a constitutional right, power, <br /> privilege, or immunity. He also does not contend that HPC was without the authority to deny his <br /> application or that they lacked substantial evidence to do so. Mr. Boyd instead makes the <br /> following arguments, presented in a somewhat difficult-to-follow fashion, for the Common <br /> Council to overturn HPC's denial of COA Application No. 2017-0602A: (1)the failure to send <br /> notification of a municipal administrative hearing via U.S. mail to Mr. Boyd violated Robert's <br /> Rules of Order, which had not been suspended; (2)that the HPC did not follow the municipal <br /> codes for"The Preservation of Meridian Street Area", which is located in Indianapolis; (3) that <br /> 5 <br />
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