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February 2005
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February 2005
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South Bend HPC
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Minutes
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II. Factors Relevant to the Commission's Recommendation <br />The Commission makes the initial decision whether to revoke, alter or amend landmark <br />designation using the Commission's best judgment and expertise. The factors which are <br />applicable to the Commission's original decision to impose landmark status are also applicable <br />to any subsequent decision by the Commission to revoke, alter or modify landmark designation. <br />Those factors include: <br />(1) character, interest or value as part of the development, heritage or culture <br />of the City, County, State or United States; <br />(2) embodiment of elements of architectural design, detail, material, or <br />craftsmanship which represents an architectural characteristic or <br />innovation; <br />(3) educational value; <br />(4) suitability for preservation; <br />(5) location as a site of significant historical interest; and <br />(6) identification with the life of a person(s) of historical significance. <br />The Commission may also wish to consider whether the original structure has been <br />altered so substantially as to destroy its architectural and historical integrity since the original <br />landmark designation or whether the current property owner had notice of or consented to the <br />original landmark designation since there is some past precedent for consideration of these <br />factors. <br />If a majority of the Commissioners support the Petition to revoke landmark designation, <br />then all procedures that were used to initiate the landmark designation must be followed; i.e. <br />public hearing before the Commission, landmark revocation ordinance, submission of revocation <br />ordinance to the Council, public hearing at the Council level, etc. <br />In the alternative, if, in the exercise of their judgment and expert opinion, a majority of <br />the Commissioners determine that the circumstances do not warrant a revocation of the landmark <br />designation, then the Commission is stronely advised to make a clear record of its findines. This <br />means that the Commission should clearly summarize for the record the specific reasons for its <br />decision. The Commission's decision to deny the Petition and to not revoke said landmark <br />designation may be appealed by the property owner to the Common Council or County Council, <br />as appropriate. <br />III. Appeal to Common Council or County Council <br />A party wishing to appeal an adverse decision of the Commission should take the <br />following steps: <br />1. In the case of an appeal the Common Council, the appeal is initiated by a letter to <br />the City Clerk for the City of South Bend. In the case of an appeal to the County <br />Council, the appeal is initiated by a notice to the County Council. The Petition is then <br />placed on the agenda as a special business item. <br />E <br />
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