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occupancy the establishment of building, heating, ventilating, electrical, <br /> plumbing, and sanitation standards; ordinances/permits do not apply." <br /> Ben Modlin attempted to contact the building department and was informed that <br /> the complaint was with the HPC. Ben immediately contacted the HPC in attempt <br /> to remedy the complaint, but did not receive any response until the third time he <br /> contacted them three days later. At this point a discussion finally led to Ben and <br /> Carrie being informed of the COA requirements and process. Once an <br /> understanding of the COA was established, the Modlins began work to complete <br /> and submit a COA, which was submitted on October 7th, 2019. It was this COA <br /> that was eventually denied at the HPC meeting on November 18th, 2019. It is <br /> this COA that the Modlins are requesting the South Bend Common Council <br /> approve by overturning the HPC's denial. <br /> III. Standard of review <br /> A. "The Historic Preservation Commission shall consider the application within forty <br /> five (45) days following its receipt of the application for a certificate of <br /> appropriateness, and shall either: <br /> A) Issue a certificate of appropriateness stating that the proposed construction, <br /> reconstruction, alteration, demolition, or moving is in conformance with the <br /> provisions of this article and authorize the Building Commissioner to issue a <br /> building permit, demolition permit, sign permit or moving permit if required; or <br /> B) Deny the application, stating in writing the reason(s) for such denial. Upon <br /> such denial, the applicant may appeal said denial to the Common Council which <br /> shall make a final determination of the application. Failure of the Historic <br /> Preservation Commission to take such action within sixty (60) days after receipt <br /> of the application by the Commission shall constitute approval of the application. <br /> In making such determination, the Historic Preservation Commission shall <br /> consider the following: <br /> i. Appropriateness of the proposed construction, reconstruction, alteration, <br /> demolition or moving to the preservation of the historic landmark, specifically, <br /> and/ or the Historic Preservation District, generally; <br /> ii. The detriment to the public welfare if the proposed construction, <br /> reconstruction, alteration, demolition or moving is permitted even though it is <br />