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February 2008
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February 2008
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South Bend HPC
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Minutes
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1001361
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803 <br />804 <br />805 <br />=6 <br />9. I firmly believe that the existing 136 -year-old windows are a rare feature of this landmark <br />and contribute toward its identity and appeal. <br />10. That the replacement offour or even one window, will serve to set a dangerous precedent <br />for additional windows to receive the same treatment and latitude. <br />11. The permission to replace windows in a signature landmark will serve only to challenge <br />this Commission's authority and guidance when reviewing proposals for other historic <br />properties within its jurisdiction. An exception to the guidebook will invite accusations of <br />policy rooted in subjective, arbitrary and capricious practices. The Guidebook must <br />always be preserved as a frameworkfor preservation and a contract to property owners <br />inside the District. <br />12. The petitioner has not demonstrated an unreasonable hardship from the denial of this <br />application, or from recommendations to pursue standard maintenance and repair <br />practices or other prescribed improvements. <br />13. It is questionable to think that other members of the public whose projects have supported <br />the Guidebook of the district or that of Local Historic Landmarks will view the proposed <br />changes favorably. Or that the change will best serve future homeowners of the Anderson <br />House. <br />Sassano: With the caveat that I'm still trying to understand the intent of the Code, it clearly <br />states that original doors, windows and hardware shall not be discarded when they can be <br />restored and reused in place, page 75 of the guidebook. In my professional opinion, and in <br />any opinion I'd think, the windows clearly are restorable and to remove them and not <br />restore them in place would clearly be in contradiction to the guidebook. Based on those <br />guidelines I move in favor of the motion to deny. <br />Chase: Mary Jane Chase, I am in favor of the motion for a couple of reasons. When you <br />accept a house of this quality, you accept obligations. An obligation is to preserve it, <br />you're a caretaker. The threat of having legal action taken is not the issue. The issue is to <br />be a good caretaker, and we have proof that the windows can be restored and work very <br />well, better than a fake replacement. It would be like taking the Hope diamond, taking it <br />out and putting a glass chip in there. Then you relinquish the stewardship of that house. I <br />vote to accept the motion. <br />Klusczinski: Linda? <br />Riley: I vote to deny the motion. I've been convinced tonight by all of these people that <br />know more than I do, of how significant this house is and how important it is to keep the <br />windows and repair them... <br />Klusczinski: Chair requires a clarification of your vote. I think that you voted in favor to <br />deny, which is to deny a denial... - <br />Riley: I'm voting in favor of the motion. Sorry. This house is so significant, I think that the <br />windows should be repaired and maintained. We are opening Pandora's Box if we start <br />allowing one of the better houses in our town to replace the windows. <br />Moved: Patrick Second: Chase <br />To deny C of A 2008-0214 Approved Unanimously 5-0 <br />Klusczinski: We're under a continuance for C of A 2007-1107A. There is no public <br />hearing tonight. That C of A was introduced November 26, if memoryserves, or <br />November 19, 2007. We have been under continuance in the December and January <br />meetings and require a decision tonight. The continuance will expire, and that C of A will <br />go through by default if not defeated. So, it's a clarification. Chair entertains a motion to <br />accept or deny C of A 2007-1107A. <br />15 <br />
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