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

Home Browse Search

point of contact was not until 2017, at which point the HPC mailed a letter attempting to inform the applicant of COA necessity and process. Although Ben and Carrie never received the letter, it should be noted that again here the HPC acknowledge the improvements to the property and the high level of care and maintenance the Modlin's were putting in. Benjamin and Carrie Modlin 60649 Hickory Rd. South Bend,IN 46614 Re: Local Landmark at 60649 Hickory Rd. Dear Mr.and Mrs.Modlin, Periodically our staff tours all historic districts and local landmark locations,noting the improvement or deterioration of each structure. We are looking for compliance with the minimum maintenance standards that have been approved by each district and for each local landmark.These standards must also meet those set by the city of South Bend Code En- forcement and the building and standard codes of St.Joseph County. On our recent tour,we were thrilled to see the condition of your beautiful home,and commend your efforts to maintain and preserve the historic character of your property. If exterior work is needed in the future,you may refer to the Preser- vation Standards for Historic Landmarks.Please remember that any project that affects the exterior of the building,site, outbuildings,grounds,or landscaping will require review,and a completed Certificate of Appropriateness(COA)appli- cation. Historic Landmarks Standards and Guidelines information,COA applications,and other relevant information can be found at the Historic Preservation Commission website listed above. Please do not hesitate to call us with questions and concerns. We have sources through our office that can advise you on techniques to help with historic property repair and maintenance. We look forward to hearing from you and working with you in the future. Sincerely, As Ben and Carrie never received the letter, they remained unaware of the necessity for a COA when doing external work to the house. It was not until the Modlins were red tagged (cease and desist order) for the exterior work to replace the siding in August 2019 that the Modlins were even made aware of COA requirements. At this time the HPC still did not contact Ben and Carrie, but instead filed a complaint with the building department. The building department then issued a red tag, informing Ben and Carrie that a permit must be on file within 48 hours. The Modlins were confused by this as they had been working under the "Indiana log cabin rule" "The Log Cabin Rule Indiana Code 36-7-8-3, which applies to all private homes. Being a home built by individuals and used for their own