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t - I DENIAL OF CERTIFICATE OF APPROPRIATENESS AND AGREEMENT REGARDING PROSECUTION The Historic Preservation Commission of South Bend & St. Joseph County (the "Commission"), by a vote of 7 to 1, at its meeting held on November 21, 2005 at 7:30 p.m., has denied the Certificate of Appropriateness No. 2005-1104A (the "COA No. 2005-1104A!') submitted by John and Diana Matthias ("Petitioners") for the removal of Scamozzi capitals at 840 Park Avenue, South Bend, Indiana (the "Historic Premises") and their replacement with Doric capital (the "Alterations")'. After a duly held public hearing, the Commission denied COA No. 2005-1104A for the reasons stated by the Commissioners at the hearing. Such reasons are set forth in the attached transcript and staff reports referred to by the Commissioners and include, but are not limited to, the following: 1 The South Bend Common Council passed Ordinance No.9574.05 designating the Chapin Park area as an historic district (the "Chapin, Park Historic District") on March 14, 2005. , � I i 2. On March 14, 2005, Historic Premises had three (3) full Scamozzi capitals and two (2) half Scamozzi capitals. 3. Section 21-13.02(e)(1), the Historic Preservation Commission Ordinance of South Bend,and the Chapin Park Historic District guidelines, each require that owners of structures in a historic district obtain a certificate of appropriateness from the Commission before action is taken to construct, reconstruct, alter, demolish or move any exterior feature. of any building, structure or use. 4. Neither the Petitioners nor their contactors attempted to file an application for a certificate of appropriateness with the Commission ortoobtain a building permit for the Alterations prior to commencing work on the Historic Premises, and the Petitioners' contractor performed the work without a certificate of appropriateness or a building permit. 5. That Scamozzi capitals are unique and significant to the Historic Premises, as they had been a part of the Historic Premises for at least 70 to 75 years if not since its origin. 6. That Scamozzi capitals provide a feminine style that matches the pointed and feminine lines of the Historical Premises. 7. That Scamozzi capitals, which are unique and significant as opposed to the I Alterations, were common to Free Classic Queen Anne houses in the