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pUTN <br />`�I865 <br />City of South Bend <br />Joseph E. Kernan, Mayor <br />Department of Law <br />Richard A. Nussbaum, II, City Attorney <br />September 1, 1992 <br />Mr. Fred M. Holycross <br />Director <br />Historic Preservation Commission <br />County -City Building, Room 1123 <br />South Bend, Indiana 46601 <br />Re: The Olive Inn Bed & Breakfast <br />630 West Washington Street <br />South Bend, Indiana 46601 <br />Dear Fred: <br />Finally, I have a response to you concerning the <br />"provisional" fence which Ms. Lisa Beth Maguire has placed on <br />the West Washington premises. <br />I am enclosing a copy of the research prepared by our intern, <br />Ms. Suzanne Walsh. Ms. Walsh concludes that because both the South <br />Bend Code and our Certificate of Appropriateness regulations govern <br />the "construction" of fences, she concludes that the temporary <br />placement of a fence on a historical property is not something over <br />which the Commission has control because it is not "construction.". <br />However, a municipal ordinance regulating erection of clothes <br />lines was upheld by a New York court as a valid exercise of the City's <br />police power "as an attempt to preserve the residential appearance of <br />the city and its property values by banning, insofar as practicable, <br />unsightly clothes lines from yards abutting the public street." <br />Accordingly, the Commission certainly could interpret its power over <br />historic landmarks and districts to include removal of temporary but <br />unsightly objects which detract from the aesthetic integrity of the <br />landmark or district. A strict interpretation, however, of our <br />ordinance and its regulations would not lead to such a result, and <br />1400 County -City Building • South Bend, Indiana 46601 • 219/284-9241 <br />Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski <br />Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld - <br />