COA APPLICATION #2020-0302: NORTHERN INDIANA HISTORIC SOCIETY INC. V. SOUTH BEND HISTORIC PRESERVATION COMMISSION

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National Register of Historic Places, and the Navarre Cabin was deemed a contributing structure thereto. B. Standards and Criteria for Leeper Park The HPC's Standards and Criteria for Leeper Park are published on the City's website at httns://southbendin. og v/wp-content/uploads/2018/07/Standards-and- Guidelines Leeper-Park.pdf. Section 9.1(2) of the Standards and Criteria for Leeper Park states the intent of the HPC's criteria is "to preserve the overall character and appearance of Leeper Park including its spatial organization, topography, vegetation, circulation and features"; Section 9.2(12) thereof states that "Moving or demolishing historic structures that would alter spatial and visual relationships in the landscape shall not be allowed"; and Section 9.7(1)(1) states that the "Log Cabin known as the Navarre House" shall be preserved C. Application for Certificate of Appropriateness The History Museum originally applied for its COA#2020-0302 to be heard at the March 16, 2020 HPC meeting; however, due to the COVID-19 pandemic, the HPC meetings were postponed until June 15, 2020, when the History Museum's application COA#2020-0302 was presented. Upon careful consideration and taking into account public input both for and against the relocation of the cabin, the HPC members voted to deny COA#2020-0302. V. Argument A. The HPC's decision was neither arbitrary, capricious, nor contrary to law, but rather supported by the Standards and Criteria for Leeper Park As required by Section 21-12.04(b)(7) of the Code, the HPC developed a set of criteria for Leeper Park, which have been in effect since Leeper Park was designated by the Common Council as an historic landmark in 1996. In fact, the criteria used by the commissioners in making their 5