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February 1992
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February 1992
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South Bend HPC
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Minutes
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1001404
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pre -established program which he and Ms. Manion <br />had set up. He, Mr. Murphy, handled the actual <br />construction; Ms. Manion had dealt with the HPC <br />staff. The new window was part of the pre-set <br />rehabilitation program; he had not been advised of <br />any changes to that program. <br />Mr. Oxian asked Mr. Murphy for documentation of <br />costs. As matters stood, he said, the Commission <br />could make a motion to require the window's <br />removal. <br />Mr. Herendeen asked how economic hardship was <br />ascertained. Mrs. DeRose replied that, should the <br />owner choose to argue economic hardship, the <br />Commission must consider the evidence. Then, the <br />Commission could judge whether or not a hardship <br />existed. <br />Mr. Oxian pointed out that the owner still must <br />produce the evidence before any judgment could be <br />made. <br />Mrs. Sporleder said the commission should <br />consider, when making this judgment, whether or <br />not the owners were indeed ignorant of proper <br />procedure when they installed the window. <br />Mr. Herendeen moved to table the decision until <br />the owner could present documentation of the costs <br />of replacinq the elliptical window with a <br />rectangular window. Mrs. Sgorleder seconded <br />the motion. Motion approved unanimouslv. <br />Mr. Oxian advised the staff and the owners to <br />agree on the dimensions of a rectangular window <br />before seeking bids. <br />Mr. Pastor asked Mrs. DeRose whether hardship <br />existed if, as his documentation suggested, the <br />owners had deliberately disregarded C of A <br />procedures. Mrs. DeRose replied that it was one <br />factor which the Commission could consider when <br />weighing the rest of the evidence of hardship. <br />Discussion of the proper size and type of window <br />followed. Mrs. Sporleder noted that, in order to <br />meet code requirements, bathroom windows must open <br />and close. Mr. Eide said exhaust fans could <br />substitute for window ventilation. Mrs. Sporleder <br />said that, in her opinion, the best replacement <br />would be a small operable vertical window, similar <br />to the adjacent window in the rear extension. <br />(6) <br />
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