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September 1994
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HPC Meeting Minutes 1994
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September 1994
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South Bend HPC
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Minutes
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1001403
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projects and the combined <br />involved and the risk of <br />disincentive for potential <br />effect of the extent of rehabilitation investment <br />recapture by the present owner proved to be a <br />independent receivership. <br />Commissioner Hostetler stated that the city should have some kind of ability <br />to confiscate in such situations. Mrs. Dempsey said that the city was pursuing <br />such policies but had not yet a proper legal framework. Mrs. DeRose commented <br />that in situations of condemnation the City would be required 'to compensate <br />the owner at fair value noting that in this case the owner seemed to believe <br />that the property was in excess of $100,000. Commissioner Choitz noted that <br />there were possibly organizations which would have interest in this as a <br />development project if the could be assured ownership or even interest on <br />their investment. Mrs. Dempsey commented that a receiver could take out <br />receivers notes and then foreclose on the notes. She continued that <br />foreclosure is not quick or easy but is accomplishable. The businesses which <br />had indicated interest in this property had been interested in it as a <br />business location and not as a speculative investment. <br />3. Thelma Lawrence House 14603 Brick Road (not on agenda) <br />President Oxian recalled Mr. Eric Eckert's presentation about the Thelma <br />Lawrence house at the July HPC meeting and noted the extensive correspondence <br />from the owner, Mr. Tom Murray in the ensuing month. He invited discussion <br />about this structure and how the TIPC should proceed. <br />Commissioner Eide asked whether private houses had been designated as <br />landmarks over owner's objection in the past. President Oxian stated that it <br />had been done. Commissioner Hostetler stated that if Mr. Eckert's presentation <br />was verifiable, the structure would be eligible for landmark status. Mr. <br />Duvall spoke to the issue of the veracity of Mr. Eckert's presentation to the <br />effect that although the house was clearly patterned off of a Sears House <br />plan; that Thelma Lawrence was a Sears Employee; and that by inference it <br />could be assumed that the house was a Sears house. He further stated that the <br />chronology of its construction was such that it would be among the last of the <br />Sears houses built, but that Sears did not maintain sufficient archives to <br />substantiate the claim that this was the last Sears house. He also observed <br />that the wooded land associated with the house were already platted as lots B <br />& C of the adjacent subdivision, fronting onto a cul-de-sac and not onto Brick <br />Road. <br />Commissioner Choitz noted that the property was for sale and that a subsequent <br />owner might be more receptive to landmarking. She continued that physical <br />evidence could substantiate the Sears connection if we had access to the <br />property. Mr. Duvall stated that this could no doubt be verified by deposition <br />from her survivors. The consensus was that the HPC should wait not take <br />immediate action. Commissioner Wiener indicated that we should write another <br />letter to the owner. Subsequent discussion refined that the letter should be <br />of a conciliatory nature indicating that the HPC is not presently moving <br />forward with landmarking process but that we would ask him to consider the <br />structures importance and inform new buyers of the property's potential <br />historic importance. <br />VI. New Business <br />There was no new business introduced. <br />
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