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

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original pioneer of the area. I consider Leeper Park to be my neighborhood and the historic "Navarre Cabin" a central part of the park... The history of the cabin is a part of our neighborhood and the community. Please again, reconsider the request to move the cabin. This will take away the opportunity for many people who would not go to the museum, to encounter the cabin while in nature and the historic Leeper Park. I see firsthand on a daily basis the effect that the cabin has on people who visit the area." Further, as noted by Paul Diebold of the Indiana Department of Natural Resources, if the Navarre Cabin is removed from Leeper Park "to a location within a National Register -listed historic district, our office would consider it a non-contributing building to that district. Again, in this instance, owners of the cabin would be ineligible for our matching grants or other programs." Thus, the Navarre Cabin, removed from its context, would be a non-contributing building to the West Washington Historic District. VI. Conclusion For the reasons stated above, the HPC respectfully requests the Common Council affirm its denial of COA#2020-0302. The Standards and Criteria for Leeper Park clearly define the ways in which Leeper Park's features may or may not be altered and specifically state that the Navarre Cabin shall be preserved in situ. The HPC members did not act in a capricious or arbitrary manner, nor were their actions contrary to law. The commissioners' decision is supported by the evidence provided to them at the public hearing on the COA. The denial of COA#2020-0302 is supported by Ordinances passed by this Common Council as well as the substantial evidence presented herein. 10 Respectfully Submitted, 0�du l/` Sandra L. Kennedy (21720-53) U Attorney for Appellee City of South Bend, Indiana Department of Law