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January 1995
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HPC Meeting Minutes 1995
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January 1995
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South Bend HPC
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Minutes
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brought before Code Enforcement's hearing officer. Mrs. DeRose said she <br />believed that was possible, however the Commission's needs would be at the <br />discretion of Code Enforcement. She pointed out that if there is no violation <br />of South Bend Code, Code Enforcement is not likely to pursue a penalty. <br />Commissioner Weiner inquired what the penalty for not filing for a building <br />permit was because that seemed similar to the needs of the Commission with COA <br />violators. Mrs. DeRose explained a cease and desist order was issued. She <br />said they probably assessed a fine, but not a requirement that the work be <br />done over again. President Oxian recommended this be further investigated <br />because he believed the Council would be receptive to something already in <br />place in another department. Mrs. DeRose said the Council may not see the <br />concerns of the Commission as important as the safety issues that the Building <br />Department deals with. Mrs. DeRose said she was not certain on all these <br />matters, but she did know if the Commission wanted to go the penalty route, <br />they would need to amend the Ordinance. President Oxian recommended some <br />measure be put into place. Legal Counsel DeRose pointed out another problem <br />was if the fine is not paid, a lot of administrative time and expenses go into <br />filing small claims suits against the violators. Commissioner Choitz said she <br />believed fining was not the best way to go. She suggested other Commissions be <br />contacted for information on what they do in these situations. She also <br />thought the National Trust should be asked for information as well. Mrs. <br />DeRose said Indiana is a state which regulates how municipalities assess <br />fines. President Oxian request Ms. Anderson inquire into other Commissions' <br />dealings with COA violators. <br />6.Personnel <br />No report <br />7. Staff Reports <br />a. C of A Staff Approvals <br />1. 1003 Riverside Drive -- RSD-LHD in-kind porch repair <br />2. 1043 Riverside Drive -- RSD-LHD in-kind replacement of siding <br />3. 701 Pennsylvania -- LL in-kind porch repair <br />b. 938 Riverside Drive <br />Ms. Anderson reported the property owners had the redwood deck removed from <br />the rear yard and informed her the tree it surrounded could be saved. She <br />reported the owners will be coming to the Standards and Maintenance Committee <br />in the Spring with details of the plans for the retaining wall, stairs, and <br />landscape plan. <br />c. 739 East Bronson <br />Ms. Anderson reported staff had discussions with Code Enforcement regarding <br />the possibility of moving the entire structure from the site as salvage. Code <br />Enforcement said this would need to be worked out with whomever received the <br />demolition contract. She reported at this time nothing was definitive in <br />regard to 739 Bronson, but staff was still working on it. <br />d.114 North Francis <br />Ms. Anderson reported Mr. Duvall was currently at the Council meeting to <br />remonstrate against the rezoning of the property to Commercial for use as a <br />parking lot by a neighboring medical center. President Oxian reported the 114 <br />North Francis is next to a house rated S/12. He added this was almost like a <br />spot zoning. Ms. Anderson noted medical offices were one of the few commercial <br />uses allowed in residential zoning, as "neighborhood doctors". President Oxian <br />stated doctor's offices end up being demolition offices. <br />e. 1995 Calendar <br />Ms. Anderson reported the Calendar dates were normal (first Friday for agenda <br />
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