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soVTH B <br />o <br />U d <br />W <br />PEACE <br />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 />COA#2019-1007A, BEN AND <br />CARRIE MODLIN VS. HISTORIC <br />PRESERVATION COMMISSION