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

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determination to deny COA#2020-0302 were set forth in the Standards and Criteria for Leeper Park that appear to have been considered by the Common Council in determining whether to designate Leeper Park as an historic landmark. Section 9. 1, the Introduction, to the Standards and Criteria for Leeper Park indicates the following, "(1) In these guidelines the verb Should indicates a recommended course of action; the verb Shall indicates those actions which are specifically required to preserve and protect significant architectural elements. (2) The intent of these standards and criteria is to preserve the overall character and appearance of Leeper Park including its spatial organization, topography, vegetation, circulation and features." The standards by which the decision was made to deny the History Museum's application for COA#2020-0302 are as follows under Sections 9.2(12) and 9.7(1)(1) of the Standards and Criteria for Leeper Park, specifically, per 9.2(12) that "Moving or demolishing historic structures that would alter the spatial and visual relationships in the landscape shall not be allowed" and per 9.7(1)(1) that " All items listed herein shall be preserved: (1) The Log Cabin known as the Navarre House, and the footings of the cabin/house which was burned down." Three of the six commissioners voted in opposition of the COA because it would violate the Standards and Criteria for Leeper Park, by which the commissioners must abide. The are quoted as stating the following in the June 15, 2020 Minutes of a Meeting of the Historic Preservation Commission: Commissioner Andrews (AYE): I voted to deny, because it goes against the Standards and Guidelines that were read, stating, that all items shall be preserved, and it goes against that. Commissioner Deegan (AYE): I voted to deny, based upon the fact that it goes against the Standards and Guidelines, and also as it betrays the educational mission and historic value of the location. Commissioner Gellman (AYE): I voted to deny, because of the National historic location of this, also the 9.7.1.1, where all items shall be preserved for this particular 1: