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June 1994
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June 1994
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South Bend HPC
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Minutes
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1001403
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Minutes of the Regular Meeting <br />of the <br />Historic Preservation Commission <br />Regular Monthly Meeting <br />7:30 p.m. <br />May 16, 1994 <br />7th Floor, County Commissioner's <br />Conference Room, County -City Bldg. <br />I. Call to Order <br />The meeting was called to <br />order at 7:36 p.m. <br />II. Roll Call <br />Members present: Mrs. Martha Choitz, Mrs. Catherine Hostetler, Mr. John <br />H. Oxian, Mrs. Janeanne Petrass, Mrs. Joann Sporleder, Mr. Jerry Wiener <br />Members absent: Mr. Jed Eide, Ms. Lora Spaulding, Ms. Jewel Van Dalsen <br />Also present: Kevin Boughal, Robert Daily, Katherine Dempsey, Patrick <br />Doran, Chip Frederick, Kenny Kent, Ulrich Klopfer, J. Millea, Roger <br />Smith, Marsha Stevenson, Ed Talley, Douglas Turnock, Aladean DeRose <br />III. Public Hearing <br />A. Certificates of Appropriateness <br />1. 621 Lincolnway East - EP-LHD <br />Mr. Duvall read'the staff report. Discussion ensued concerning <br />masonry repointing and its inclusion as part of the Staff Approval <br />policy. Commissioner Sporleder asked about the'list of code violations. <br />Mr. Duvall presented the Department of Code Enforcement report. <br />Mr. Smith responded to several questions concerning code violations <br />on the exterior of the structure. Commissioner Sporleder asked if <br />the property was for sale. Mr. Smith answered in the affirmative. <br />Commissioner Sporleder read the list of code violations. Discussion <br />ensued concerning these violations and the current condition of the <br />house. <br />Commissioner Choitz asked who was responsible for the rebuilding of <br />the porch if the current owner demolished it and subsequently sold <br />the property. Commissioner Sporleder asked what would serve as an <br />entry if the present porch was demolished. Counsel stated the legal <br />question: whether a transferee is liable for a C of A order effecting <br />a prior owner. Counsel stated her uncertainty regarding the question. <br />Counsel then stated that at a minimum the HPC should, if the C of A <br />is approved, order the owner to notify any purchaser that replacement <br />of the porch as detailed in the C of A is a requirement in order to <br />complete the sale of -the property. Counsel then further explained <br />the situation to the owner. Dr. Klopfer stated that the C of A <br />would not be binding on the new owner. Counsel responded that if <br />that were found to .be the case she would urge the HPC to deny the <br />application. Discussion ensued. Mr. Smith stated that he did not <br />wish to rebuild the porch at this time. Commissioner Sporleder and <br />Mr. Smith conversed about the safety of the porch. <br />Commissioner Choitz stated her opposition to the demolition of the <br />porch and the continued neglect of the same. Commissioner Oxian <br />asked if the HPC should await a legal opinion on the question that <br />counsel had raised. Commissioner Sporleder and Mr. Smith reviewed <br />the list of code violations. Commissioner Sporleder suggested tabling <br />the application pending a review with Code Enforcement. Commissioner <br />Oxian suggested placing the application with the Standards and <br />Maintenance Committee. Commissioner Choitz moved to place the C of A <br />application with the Standards and Maintenance Committee. Commissioner <br />Sporleder seconded. No discussion. The motion passed unanimously. <br />
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