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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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are inappropriate bases for any reversal of HPC's denial of COA Application 2017-0602A by <br /> the Common Council. <br /> Mr. Boyd makes the following arguments, for the Common Council to overturn HPC's <br /> denial of COA Application No. 2017-0602A: (1) the failure to send notification of a municipal <br /> administrative hearing via U.S. mail to Mr. Boyd violated Robert's Rules of Order, which had <br /> not been suspended; (2)that the HPC did not follow the municipal codes for"The Preservation <br /> of Meridian Street Area", which is located in Indianapolis; (3)that by failing to inform Mr. Boyd <br /> that his COA Application was processed and available for the public to inspect and failing to <br /> properly mail the notification of hearing to Mr. Boyd, the HPC violated Ind. Code § 5-14-1 and <br /> Ind. Code § 5-14-3; (4)that HPC violated its own standards and guidelines; and(5)that HPC <br /> failed to issue an individual exterior historic preservation plan for the Firehouse. Four out of <br /> five of these arguments are irrelevant to the Common Council's consideration of HPC's denial of <br /> COA Application No. 2017-0602A. <br /> As established by Mr. Boyd's own Exhibit"A", the HPC did in fact put his Notice of <br /> Hearing in the mail,meeting their administrative policy requirement. It did not"knowingly" fail <br /> to send him a Notice of Hearing; the HPC did its duty of placing that notice in the mail to be sent <br /> to Mr. Boyd. Any failure of the postal service to deliver this to Mr. Boyd is not the fault of HPC. <br /> In addition, Mr. Boyd appeared at the public hearing on June 19, 2017, so there was no harm <br /> caused by any failure of delivery of the Notice of Hearing in question. The agenda for the HPC <br /> June 19, 2017 meeting was public, and Mr. Boyd clearly learned of the public hearing for his <br /> COA Application because he attended that public hearing in person. <br /> Mr. Boyd asserts in his position statement that HPC should have followed the municipal <br /> codes for"The Preservation of Meridian Street Area", which is inapplicable to the present <br /> 9 <br />
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