2. 768 Portage Avenue_COA 2021-0810

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Not Recommended Fire prevention equipment should not damage the appearance or fabric of the building. […] 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 available 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 ordinance. This ordinance, however, does not prevent the ordinary maintenance and repair of any building 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. Where the Preservation Commission deems it necessary, the commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition or moving for the purpose of preparing an historic preservation plan for a building or district. Such a request shall be for a specified period of time. In no case may the delay granted by the Common Council exceed one (1) year, but the Commission may petition the Common Council for a continuance of any such delay in accordance with the same procedure as for the initial petition. The Commission will review the application and either issue a Certificate of Appropriateness or else deny the application, stating in writing the reasons for such denial. Upon such denial the applicant may appeal to the Common Council. SITE VISIT REPORT: The condition of the removed windows appears consistent with examples that have been restored throughout the Chapin Park Local Historic District. Were this a proactive application, Staff would have directed the applicant to consult a window restoration company. The removed sashes were retrieved and retained by staff. STAFF RECOMMENDATION: Staff recommends denial. Prepared by Adam Toering, Historic Preservation Administrator