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Da 0 4 1400 COUNTY-CIFY BUILDING SOUTH BIND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHENj.LUECKF, MAYOR DEPARTMENT OF LAW RICHARD A. NUSSBAUM,11 CITY ATrOR\EY Mr. Roland Kelly, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 No.NF 219/235-9241 FAx 219/235-9892 TDD 219/235-5567 ANNE E. BRUNEEL CHIEF ASSISTANT CITY ATTORNEY April 11, 1997 Re: Jennifer Lackman Appeal of Historic Preservation Denial of Certificate of Appropriateness Dear Mr. Kelly: Around 5:00 p.m. on Thursday, April 10, 1997 1 received an unexpected phone call from Don Porter of the South Bend Tribune asking for my views of Dr. Jennifer Lackman's appeal to the Common Council. I was completely unaware that an appeal had been filed and told him so. In checking with the president and director of the'Historic Preservation Commission (HPC) I learned that they, too, were unaware of this appeal. At the time of writing this letter, the HPC has yet to receive or review the appeal of Dr. Lackman. With this matter scheduled for the Council's next meeting, and in view of the fact that the Commission's action on Dr. Lackman's certificate of appropriateness occurred over a year ago, this letter is to request that at a minimum the matter of this appeal be postponed from its schedule on the Council's next agenda, so that the HPC may have a reasonable time to prepare a response. Moreover, the HPC believes that Dr. Lackman's appeal is untimely and should not be considered by the Council at all. I enclose the Rules and Regulations governing appeals which were adopted by the HPC in 1991 and which were part of the Preservation Plan of the HPC which was previously submitted to the Council. You will see that an appeal to the Common Council must be filed within thirty (30) days of the date the denial was issued. THOMAS L BOI)NAR ALADEANI,vI. DLHosi: 1Z0;1171,T C. PI)q1 NITI!-)