821 Ashland Avenue_COA 2020-0611 (Withdrawn)

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A. Buildings in the district should not be demolished except where a building poses a threat to the public safety, and demolition is the only alternative. Documentation of interior and exterior features of t he original buildings, especially homes rated as historically significant, is encouraged. Measured drawings and photographs may be submitted to the Histor ic Preservation Commission for safekeeping and future reference. B. A Certificate of Appropriateness is required before moving any building or structure. The moving of a building within, out o f or into the district is discouraged; however, moving is preferred to demolition. Buildings incompatible with existing structures in the historic district shall be prohibited. […] VI. ENFORCEMENT PROCEDURES Enforcement of the preservation guidelines and standards for the historic district is made possible in the Zoning Ordinance of the City of South Bend, ordinance No. 5565-73, as amended and the Historic Preservation Commission’s Preservation Plan. The Historic Preservation Commission may petition the Building Commissioner to use the legal means avai lable to him/her to force the maintenance and / or repair of any building or structure within the historic district in accordance with the intent of this o rdinance. This ordinance, however, does not prevent the ordinary maintenance and repair of any buildi ng or structure which does not involve a change in any exterior feature, nor does it prevent the reconstruction, alteration, demolition or moving of any building or structure which the Building Commissioner or other official has determined to be a hazard to public safety. Property owners wishing to do, or have done, any work affecting the exterior of their building or land must apply directly to the History Preservation Commission on the form prescribed by the Commission (see Appendix A). The Historic Preservation Commission shall issue a Certificate of Appropriateness before commencement of any construction, reconstruction, alteration, demolition, or moving of any house or structure within the historic district boundaries (see Appendix A). The Historic Preservation Commission will accept applications for Certificate of Appropriateness only from the property owner. In making its determination, the Historic Preservation Commission shall consider three factors: first, the appropriateness of the proposed work to the preservation of the building and district; second, the detriment to the public welfare if the proposed work is permitted even though it is not deemed appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness would cause the applicant. […] STAFF RECOMMENDATION: Acknowledging that six months has passed since the fire of November 2019, Historic Preservation Staff would like to see this property find resolution, be it through demolition or rehabilitation. Staff recommends that – were a new owner to have presented themselves to the City with the expressed intent to rehabilitate the structure – the Department of Code Enforcement continue dialogue with this individual, stop the demolition proceedings, and direct the new owner to communicate with Department of Community Investment staff (both Zoning Administration and Historic Preservation). Recommendation by Adam Toering Historic Preservation Specialist Approved by Elicia Feasel Historic Preservation Administrator