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October 1994
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October 1994
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South Bend HPC
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Minutes
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accomplished. <br />4. Historic Districts <br />President Oxian referred to the chronology prepared by Mr. Duvall and asked <br />that because there are so many questions regarding the procedures to setting <br />up a Historic District, Commissioners bring the chronology with them to <br />meetings for reference. Mr. Duvall made the Commission aware that the <br />chronology was not a public information device that explains all the necessary <br />steps to creating a district, but that it was an internal document for a <br />clarification of process. President Oxian asked Commissioners to read the <br />document and make additions and comments.. Commissioner Sporleder asked for <br />clarification on point number 7 (A ballot shall also be provided to each <br />property owner [one ballot per person regardless of the number of parcels <br />owned] according to the procedures established by the Area Plan Commission for <br />changes of zoning.). Mr. Duvall related that it was his understanding that <br />there was one ballot per each property owner, regardless of how many <br />properties they owned. Commissioner Hostetler inquired as to multiple owners <br />of one property. Mr. Duvall replied his interpretation was each one got a <br />ballot. President Oxian interjected this was not correct, and that single <br />property owner got one ballot and multiple property owners also received one <br />ballot. Mr. Duvall inquired as to where that information could be found. <br />Commissioner Sporleder stated they had in the past had husband and wife joint-) <br />ownership of one property and that made two votes for one property. Mr. Duvall <br />stated he knew that situation had occurred in specific situations. President -A*"C <br />Oxian noted if one reads the code enforcement document, one will note there <br />are many occasions where several people have an interest in a single property, <br />and in that situation there is one ballot for all persons with an interest. <br />Mr. Duvall inquired of Legal Counsel DeRose what prevailing law was in this <br />situation. Mrs. DeRose replied she thought it was the land and the structure <br />that got the vote and not the owners. Mr. Duvall recalled that from going <br />through records, he knew of occasions in which more than one owner voted on a <br />single property. Mrs. DeRose indicated ballots should not have been counted in <br />that manner. President Oxian indicated there had been a change in the counting <br />system since that had occurred. Mr. Duvall inquired whether this information <br />was in a resolution. President Oxian indicated the policy was changed when the <br />Commission set up different forms of setting up a historic district, and <br />added this happened just before the River Bend District was created. <br />Commissioner Choitz added this was in part because of the situation in which <br />one owner of multiple properties wanted to vote for every property owned. Mr. <br />Duvall asked for clarification that if a single owner has more than one <br />property, that owner still only gets one vote. Legal Counsel DeRose noted that <br />if the voting procedure had been changed as indicated, it was her opinion then <br />that if a persons owns a piece of property, they should be entitled to a vote, <br />but that if internally the Commission had changed the procedure then that was <br />appropriate. Mr. Duvall noted that the matter needed further investigation. <br />Commissioner Sporleder noted there may also be a need for clarification in <br />regard to rental properties and whether renters get a partial vote. President <br />Oxian commented absentee landlords get one vote no matter how many properties <br />they own, and that renters get no vote. Legal Counsel DeRose observed that the <br />Commissions premise for voting was residency rather than ownership. Commission <br />Sporleder indicated it was both residency and ownership. Mrs. DeRose noted <br />that it used the concept of resident -owner rather than a tenant or an absentee <br />owner. President Oxian noted an absentee owner still has a vote. Mrs. DeRose <br />
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