My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
HPC Administrative Record
sbend
>
Public
>
Common Council
>
Legislation
>
Upcoming Bills
>
2017
>
11-13-2017
>
2017 Boyd v. HPC
>
HPC Administrative Record
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/6/2017 9:01:48 AM
Creation date
11/8/2017 2:54:13 PM
Metadata
Fields
Template:
City Council - City Clerk
City Counci - Date
9/5/2017
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
88
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
As described above, the HPC has already considered and denied COA Application No. <br /> 2016-0809, which requested alterations to the roof of the same kind as that requested in COA <br /> Application No. 2017 -0602A. In the Staff Report for Application No. 2016-0809, the work <br /> pertaining to the roof was described as: <br /> Owner proposes a 4/12 shed roof be constructed over part of the <br /> main building, from the west exterior wall 30' east to a 10'H wall <br /> built on existing brick interior wall, with a 1' overhang at west <br /> wall. <br /> See Exhibit "H", the Staff Report for Application No. 2016-0809. In the Staff Report for <br /> Application No. 2017-0602A, the work pertaining to the roof was described as: <br /> Owner has constructed a 4/12 single sloping roof surface over part <br /> of, roughly one half, of the main building, from the west exterior <br /> wall 30' east to a 10'H wall built on existing brick interior wall, <br /> with a F over hang at west wall. <br /> See Exhibit "E". The similarity of the proposed roof projects is supported by the inclusion in <br /> both COA Application No. 2016-0809 and No. 2017-0602A of two identical plan drawings. No <br /> description of changed circumstances was included in Application No. 2017-0602A, which <br /> would have explained to HPC why Mr. Boyd believed that a roof alteration which was not <br /> deemed appropriate before would have become appropriate in the interim. <br /> As described above, the principle of res judicata applies in the context of zoning <br /> decisions and HPC decisions. Res judicata is divided into two types, claim preclusion and issue <br /> preclusion. The current COA Application No. 2017-0602A presents a case of claim preclusion. <br /> "'Claim preclusion applies where a final judgment on the merits has been rendered which acts as <br /> a complete bar to a subsequent action on the same issue or claim between those parties and their <br /> privies."' First Am. Title Ins. Co. v. Robertson, 65 N.E.3d 1045 (Ind. Ct. App. 2016). Where <br /> this doctrine applies, "'all matters that were or might have been litigated are deemed <br /> 7 <br />
The URL can be used to link to this page
Your browser does not support the video tag.