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replaced on west and south side of house, as these are violations of the preservation ordinance. Due <br />diligence was not done in protecting this landmark. <br />President Klusczinski responded to public comment, clarifying that any petition items that were <br />- -- relevant at the time when the ordinance was passed by the County Council declaring this an historic <br />landmark are immaterial when the entire property boundary was included, making all structures <br />part of the landmark even if they were not advocated for at the time, and unless there is some kind <br />of commercial restriction bound in the ordinance declaring the landmark character when it was <br />originally passed, this Commission has no authority to enforce any commercial/residential zoning <br />use. <br />President Klusczinski recommended: 1)continuing certain aspects of amended application until <br />sufficient documentation is provided to render a decision, and applicant sign a waiver to allow HPC <br />extra time to consider these items; 2)HPC petition for leniency for this property owner from <br />Building Commissioner and Zoning Administrator on barn demolition as this applicant is not <br />responsible for the demolition; 3)remand all items considered RME items to staff authority; 4)barn <br />timber that remains is not to be removed from the site; 5)continue all relevant COA items until <br />adequate documentation is provided. <br />Commissioner Molnar moved to continue application as amended with conditions: 1) HPC <br />petitions for leniency for the current owner on barn demolition and seek the previous owner make <br />restitution; 2) Continue remaining COA application items until a later date contingent upon the <br />owner signing a waiver extending 45 day review time; 3) Barn timber that remains on site is not to <br />be removed. Seconded by Commissioner Gordon. Nine in favor, none opposed. <br />Vote: 9 — 0 <br />COA#2017-0403A Continued as Amended with Conditions. <br />III. HEARING OF VISITORS <br />IV. REGULAR BUSINESS <br />A. APPROVAL OF MINUTES <br />1. March 20, 2017 —Approved by general consent. <br />B. TREASURER'S REPORT <br />1. Location Report — Distributed. <br />C. STAFF REPORTS <br />1. Correspondence — Circulated. <br />2. Executive Director — In Packet. Commissioner Gordon asked for updates on City <br />Cemetery activity, Lafayette Building, and windows on Tippecanoe Place. <br />Commissioner Voll asked for update on Washington -Colfax Apartments. <br />3. Deputy Director — In Packet. <br />4. Preservation Specialist —Distributed. <br />5. Legal — Eric Boyd filed a lawsuit on March 27 against HPC, St. Joseph County <br />Common Council, City of South Bend, and St. Joseph County Building <br />Department. Asking for review of City Council's determination. Brett will <br />appear April 18 to ask court to dismiss case on statute of limitation grounds as suit <br />was fled but summons not served on any defendants within 30 days, thus waiving <br />Mr. Boyd's rights. <br />D. COMMITTEE REPORTS <br />5 <br />