Ben and Carrie Modlin vs. Historic Preservation Commission (COA#2019-1007A)

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Fiier in Clerk's Office FEB 242020 DAWN M.JONES CITY CLERK,SOUTH BEND,IN BEN AND CARRIE MODLIN'S EVIDENTIARY AND ADMINISTRATIVE RECORD AND POSITION STATEMENT I. Introduction A. The HPC's denial of COA#2019-1007A did not adequately consider the financial hardship on our family or the health and safety concerns for our family. Both of these concerns were recognized by the commissioners during the two meetings, but disregarded in the HPC's decision. Ben and Carrie Modlin request that the South Bend Common Council consider the financial burdens on our family and health and safety concerns to our family. Ben and Carrie Modlin request that based on these factors the South Bend Common Council over turn the HPC's denial and approve Ben and Carrie Modlin's COA#2019-1007A. B. Carrie and Ben Modlin are bringing this concern to the South Bend Common Council in hopes of concluding this matter without further legal costs. Ben and Carrie Modlin are both school teachers in the community and simply do not have the financial resources that the HPC has at their command. We wish to thank the South Bend Common Council for their consideration and support and we hope that common sense will prevail. Ultimately, we wish for the South Bend Common Council to repeal the Landmark Status of the Property and/or approve the proposed work to be done. II. Background The house at 60649 Hickory Rd. South Bend IN 46614 has existed as an individual residence since 1869. During the first close to 100 years it was maintained by the same family. During the 1980's through the early 2000's, in which the property was owned by different families, the house gradually fell into disrepair. During this time period the property was a Local Landmark. It eventually came to sit vacant for many years as a foreclosure and the state of the home grew quite dire. Vandals had done damage to the home. Years of vacancy and deferred maintenance had taken a toll on the exterior. See following quote from HPC for details: