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JOSEPH J. MONTEL DONALD J. STUCKEY GRANT VANHORNE CLARAMARY VANHORNE WINEBRENNER VANHORNE & STUCKEY _1i-rorzvr:ys A -r 112 SOUTH CEDAR STREET POST OFFICE BOX 523 AU111112N. IN-T)1A. a 40700 TEL: 219/925-1966 FAX. 219/925-6166 December 29, 1997 Mr. David B. Duvall Historic Preservation Commission of South Bend and St. Joseph County 227 West Jefferson, Room 1123 County -City Building South Bend, Indiana 46601 - RE: Robert Montel and Sherry Mantel 60500 Bremen Highway (S.R. 331) Dear David: WINSLOW VANHORNE 1 1908.19891 JEFFREY L. TURNER OF COUNSEL Thank you for taking the time to speak with me on Tuesday (December 16, 1997). As we discussed, the St. Joseph County/South Bend Building Department, through attorney Kenneth P. Fedder, has confirmed that the Building Department will not be able to issue any permits to the above referenced real estate until such time as the Historic Preservation Commission withdraws its pending objection. The HFC objection stems from an ordinance ostensibly passed in 1976 (Ordinance #107-76) purporting to designate a forty (40) acre tract on "Bremen Road" as a Historic Landmark. Numerous factors exist warranting removal of the HPC objection, .which will be discussed toward the end of this correspondence. The HPC's position that the above referenced real estate is a Historic Landmark should also be addressed in conjunction with the resolution of its pending objection. These issues are further compounded by two factors which have been discussed at length with your office and its attorney (Ms. DeRose). First, the real estate is being exposed to potential structural damage as a result of the stop order issued by the Building Department as there is no protective exterior (siding) upon a portion of the residence; and, second, no certificate of appropriateness can be filed since such a request would presuppose the real estate is in fact a Historic Landmark. The entire problem is compounded by the absence of any established procedure within the HFC for de -certification (or dis-establishment or un -designation, whichever of these terms is most appropriate under the circumstances) of real estate believed, correctly or erroneously, to be a Historic Landmark.