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,soVTH B� <br /> o� �U <br /> d <br /> W <br /> �` ��_; PEACE a <br /> x x <br /> 1865 <br /> OFFICE OF THE CITY CLERK <br /> DAWN M.JONES, CITY CLERK <br /> Procedures Governing Appeals of Historic <br /> Preservation Commission to the Common Council <br /> 1. Office of the City Clerk to notify all parties of the date of the Common Council meeting <br /> when the appeal will be heard. <br /> 2. Petitioner will have a maximum of twenty(20)minutes to present his/her case which <br /> shall address: <br /> a. Specific issue(s)under review <br /> b. Statement of position by the Petitioner or his/her attorney <br /> c. Relevant witness statements, if any <br /> d. Requested action which the Petitioner is seeking <br /> 3. Historic Preservation Commission(HPC) will have a maximum of twenty (20)minutes to <br /> include: <br /> a. Statement of position by the HPC attorney <br /> b. Relevant witness statements, if any <br /> c. Requested action which HPC is seeking <br /> 4. Petitioner will have a maximum of five(5) minutes for rebuttal. <br /> 5. Common Council may ask questions of the parties with up to a maximum off fifteen(15) <br /> minutes for this portion of the public hearing. <br /> 6. Common Council shall review the action of the HPC in the appeal before them and <br /> determine whether such action was: <br /> a. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with <br /> applicable law; <br /> b. Contrary to constitutional right, power, privilege, or immunity; <br /> c. In excess of statutory jurisdiction, authority, limitations, or statutory right; <br /> d. Without observance of procedures required by applicable law and ordinance; or <br /> e. Unsupported by substantial evidence. <br /> with each Council Member having the opportunity to comment before a motion of <br /> disposition on the appeal is accepted by the Chairperson. <br /> 1 INTEGRITY SERVICE ACCESSIBILITY <br /> BIANCA L.TIRAUO GRAHAM D.SPARKS GABRIEL N.MUREI <br /> CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOI.PiI'ION CLERK <br /> EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT <br /> 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.91731 www.southbendin.gov <br />