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!'Julie Schutte - RE: LHD Guidelines -- — Page 1 � From: "Aaron Summers Effler" <asummerseftler@hotmail.com> To: <gmckenny@ND.EDU> Date: 7/13/05 1:50PM Subject: RE: LHD Guidelines This is a point that I raised with Tim on a few occasions during the guidelines review, as we both share your concerns (and your situation). As I understand it there was no provision for making an exception in the guidelines for a specific street or set of houses, and they were unable to formulate language that excluded the side of a house that doesn't face the 'primary' street from the requirements of the guidelines. This would cause a great deal of confusion with corner properties, among other things. The key thing to remember is that these are guidelines and not rules or laws. The HPC looks at each case individually when it comes before them, and they would take into consideration the fact that Chapin Street is for all intents and purposes an alley. I can't imagine that they would treat work proposed for the rear of your home the same way that they would treat a similar renovation proposed for the front of your home, where it faces Park Avenue, even though they both technically face a street (please, somebody correct me if my understanding is incorrect). The granting of C of A's is a process that allows for the HPC's interpretation, and they are not bound by the guidelines in making their decision. This is exactly why the HPC evaluates each case individually, which is one of the things that sets this process apart from the enforcement of other city codes and regulations. It might be worth raising this concern with somebody from the HPC directly, and I have copied this email to the HPC & Chapin Park LHD Standards Committee email addresses designated for this review. Thanks for officially bringing this to the attention of the reviewers, and I hope my explaination has been helpful. Aaron Summers Effler 613 Park Avenue ----Original Message Follows ---- From: Gerald McKenny <gmckenny@ND.EDU> Reply -To: Gerald McKenny <gmckenny@ND.EDU> To: CHAPIN-PARK@listserv.nd.edu Subject: LHD Guidelines Date: Wed, 13 Jul 2005 13:03:58 -0500 Thank you to all of you who have worked hard on these guidelines and also to those who have carefully read and commented on them. In addition to the points that have been raised I have only one comment. I was under the impression that when the guidelines refer to what is visible from the street this will not include Chapin Place, officially a street but better known as the alley that runs west of Park Ave. from Navarre to Lamonte. I see nothing in the current guidelines that exempts Chapin Place from consideration as a street in these contexts. Failure to do so places a heavy burden on those houses back onto Chapin Place. It would in effect prohibit owners of these houses from doing several things that are permitted for every other house in the district. Thanks, Gerald McKenny, 607 Park