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Rodes: But, But my claim is that level of authenticity cannot be coerce -ably imposed. <br />That is, that is, that's basically my claim, I made the argument. I, you asked what I found <br />else... elsewhere, well I went to I went to West Law and, looked up all the terms and <br />found nothing. So, I gather you are making precedent for the whole United States. I <br />couldn't find anything in the legal resources interpreting the any of the terms that are <br />used here. Maybe a better researcher could, but I have not. So, That, that that is <br />basically... <br />DeRose: Mr. Rodes, can I clarify what I understand the argument that I think I <br />understand or hear you to be making that you are making is that the guideline for this <br />particular change, that the guideline exceeds the scope of the authority of the <br />Commission, argument I? <br />Rodes: To impose it coercively, yes <br />DeRose: Argument number 2 is that this Commission is acting pursuant to a law that you <br />think is unconstitutional because it does not apply throughout the State? <br />Rodes: Not exactly. Argument Number 2 is that to the extent that the grandfathering <br />allows the Commission to impose a more onerous burden upon the citizens of South <br />Bend than other Commissions can impose upon other citizens in other communities, it is <br />unconstitutional. <br />DeRose: O.K. Thank you. <br />Rodes: The technicalities of it can be grandfathered. I don't know if you have had a <br />chance to look at the case that I have cited <br />DeRose: I have not ... but at least I understand your argument <br />Rodes: That's the argument: the details can be grandfathered but the ultimate burden on <br />the citizen cannot. <br />Klusczinski: Any other questions? <br />Chase: We did receive you correspondence and I do not have it with me, but I jotted <br />down, if I could address your correspondence to us, I have my notes here, some of the <br />things that you brought up and I would like to address them. You said that the timing of <br />the application was early fall and when we did have the last vote I did abstain and these <br />are my objections because I feel that timing of this, and this has happened in more than <br />one year, the timing is early fall, to take out the windows at that time and repair them <br />would be impossible if this would be in early spring or early summer you are going to <br />have the time of the year to do this. But if you pick the fall you would have the hardship <br />because the cold weather. <br />Rodes: But the claim of hardship is not simply for this winter for all the.... <br />Chase: You said hardship and the other thing that was stated was he did not get enough <br />assistance from the Staff and I think that the staff did everything that they could to be of <br />assistance concerning repair. The materials are of the nineteenth century, repair would be <br />current, new materials. There are epoxies that are better than the wood that is there. That <br />could fix the window, the glass would stay in place, so it wouldn't be, "Go back and use <br />the nineteenth century materials and methods". The other thing would be a very big <br />imposition for Mr. Enderle to put the windows up, if he had storms to put them up all the <br />time. Am I to understand that Mr. Enderle washes all of these windows in the house, <br />himself, he gets up on a ladder, now? This he would probably hire to have done. <br />Rodes: I live in a house which has storm windows when I bought it and I have never put <br />them up in over fourty years. <br />0 <br />