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July 2005
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HPC Meeting Minutes 2005
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July 2005
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001360
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"The installation of unsightly large devices, such as television satellite dishes, skylights, or <br />solar panels, shall not be permitted in areas where they detract from the architecture of a <br />building, are intrusive to the public view of the building or are highly visibly from a public <br />street, or ruled inappropriate after Commission review. " <br />The clause "...or ruled inappropriate after Commission review" is not itself appropriate, <br />in that it states no further grounds upon which the installation can be deemed "inappropriate" <br />beyond those already enumerated. This should read "...unless approved by the HPC." As <br />stated, it seems to say that even if nothing about the installation is specifically prohibited, the <br />HPC can still arbitrarily decide it is "inappropriate" for unstated reasons or for no reason. This is <br />so vague as to be unenforceable. <br />Page 18: "Recommended Whenever possible, the original building materials should be <br />restored When maintaining or replacing original siding is not feasible, aluminum or <br />vinyl siding may be used When used over wood surfaces, this siding should be the <br />same size and style as the original wood Every effort should be made to retain the <br />original trim around windows, doors, cornices, gables, eaves, and other architectural <br />features. " <br />The phrases "is not feasible" and "Every effort" are both extremely vague. <br />Page 20: <br />Note: Language about saving removed items for future owners was intentionally inserted <br />by the Standards Committee, as this was explicitly explained by the HPC Inspector as <br />what was meant by the term "retained". Although we question the accuracy of his <br />interpretation, we felt that if this were indeed the intent of the language, then it should be <br />spelled out. This language was removed by the HPC, and therefore the entire section <br />should be revised to account for the inconsistency in which the word "retained" is being <br />used and/or interpreted. <br />Page 23: "Recommended Alternative or composite siding may be used when it is the only <br />feasible alternative. This siding should be compatible with the original size and style and with <br />the materials of other buildings in the district. " <br />The phrase "only feasible alternative" is impossibly vague, and it does not specify in <br />whose opinion the question of feasibility lies. This phrase should never be used in such a <br />document. <br />Page 25: "E. There shall be a liaison committee consisting of five (S) property owners <br />in the district. The committee's responsibility will be to work with the residents of the <br />district and the Historic Preservation Commission (See Appendix D). " <br />Appendix D still refers to "A group of three people ...." <br />Appendix B: <br />The meaning of this appendix in the context of regulation is unclear. Who makes <br />and /or approves such a list of allowable species, who requires such a permit, and how <br />does the neighborhood go about creating and enforcing such requirements. It is <br />presumed that since such a list is not included in the body of the restrictions, one is not at <br />present in force. <br />
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