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December 1991
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HPC Meeting Minutes 1991
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December 1991
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South Bend HPC
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Minutes
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had never even applied for a Certificate of <br />Appropriateness. Any hardship they had suffered had <br />other causes. <br />Mr. Robert Shafer, who had drafted the petition for <br />secession and submitted it to Councilman Soderberg, <br />then spoke. He said he only wished to delete the two - <br />block area between Leer and Vernon streets from the <br />district; he had no interest in the rest of it. <br />He compared the historical quality of these two blocks <br />with that of the rest of the district. Citing Commission <br />ratings from the summary report, he indicated the <br />relatively low historical value of the houses, mostly <br />of which were heavily altered. <br />He cited two cases of hardship. Mr. Brink, he said, had <br />spent an extra $5000 bringing the siding on his property <br />up to standards. Mrs. Buss had been barred from <br />demolishing a deteriorated greenhouse on her property. <br />He mentioned a 1987 Supreme Court ruling which put into <br />question the Commission's right, as a regulatory agency, to <br />dictate to property -owners the kinds of repairs they can <br />make. He said the Commission might find it easier to <br />approve the secession than to argue the case in court. <br />He questioned the worth and availability of tax credits <br />and funding that come with membership in a historic <br />district. Mr. Holycross stated that the entire district <br />was eligible for tax credits. Mr. Shafer said no one in <br />the district had applied for these benefits; no one wanted <br />them. Homeowners could not get tax credits. Investors <br />could but they were not interested. <br />He repeated the arguments that: 1) historic alterations <br />were expensive and 2) 17 of the 18 property -owners in <br />the two -block area had signed the petition to secede. <br />Mr. Oxian said only 8 certificates of appropriateness in <br />this two -block area were on file; all had been granted. <br />He had the list with him. A complete record of all <br />C of A's had been kept, as was legally required. <br />Further, any opinion Mr. Shafer had regarding the value <br />of tax credits was opinion only, not fact. <br />Mr. Brink claimed that owners neglected repairs because <br />they were discouraged by the high cost of meeting <br />standards. Mr. Oxian told Mr. Brink that he had been <br />penalized for violating procedures; he had applied for <br />neither a building permit nor a C of A when he contracted <br />to side his building. <br />Mr. Holycross then presented the staff report on the <br />
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