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April 1999
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HPC Meeting Minutes 1999
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April 1999
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South Bend HPC
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Minutes
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1001401
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E. Staff Reports <br />1. CofA Staff Approvals - none <br />2. Legal <br />Mrs. DeRose asked if Mr. Oxian had made any headway with the statuates she had written up. <br />Mr. Oxian stated that the ordinance dealing with annexation of local landmarks was passed by <br />the council. He further noted that meetings are still being held concerning difficulties with the <br />interim protection oridinance. Mrs. DeRose stated that she was actually asking about the <br />statuates she had writtin up concerning taxes. Mr. Oxian replied that those statuates had been <br />sent to Tom Meredith at the state office. He also noted that the statuates in question, would <br />cut property taxes by up to 15% and would allow the Commission to introduce oridinances on <br />its own. <br />Mrs. DeRose stated that Kathy Dempsey and Ann Kolada's concerns regarding the interim <br />protection oridinances were over notification of owners. She presented the proposed ordinance <br />alterations regarding owner notification proceedures. The basic alteration to the ordinance <br />gives a minimum notificaiton time of five working days at the time the notification is mailed. <br />Mr. Oxian gave Blake Gardens and the Row Houses on Lincolnway West as examples for <br />interim protection. There was some discussion over if the alteration was a part of the ordinance <br />or not. Mrs. DeRose stated that it woul not be a part of the ordinance, that in fact, it would <br />become a part of the Preservation Plan as a proceedure. Mr. Berndt suggested that the <br />notification time be shortened to three working days to give owners less time to harm the <br />property. Mrs. Choitz further suggested that the proceedure should not stipulate that they be <br />three working days, only three days. Mrs. Gallagher asked what the benefits of making the <br />proceedure general were. Mrs. DeRose stated by leaving the wording more ambiguous it opens <br />it up for interpretation and thus allows the Commission to be more flexible in its administration <br />of interim protection. Mr. Talley asked if hand delivery was also an exceptable method of <br />delivery. Mrs. DeRose stated that it would be better then simply mailing the notice. Mr. Fine <br />interjected that he was for lowering the notice time to three days. He also asked if a set of <br />criteria should be written to out line when interim protection would be used. Mr. Oxian agreed <br />that it would be a good idea. Mr. Zmyslo asked how interim protection would stop those <br />individuals who do not pull permits, for example, Blake Gardens. Mrs. Choitz stated that there <br />is nothing anyone can do to stop an owner who is bent on demolishing their property illegally. <br />Mrs. DeRose stated that with interim protection the Commission could get a court ordered <br />injunction. Mr. Fine moved to approve the proposed interim protection preceedure be added to <br />the Preservation Plan with three day notification rather then five. Mrs. Choitz seconded the <br />motion. The motion passed with Katherine Hostetler abstaining. <br />3. Miscellaneous Activities & Grants <br />None <br />
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