Resolution 2020-01_Reaffirming a Motion to Declassify a Landmark

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RESOLUTION NO. 01-2020 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA REAFFIRMING A PREVIOUS UNANIMOUSLY APPROVED MOTION TO DECLASSIFY PROPERTY AS A LOCAL HISTORIC LANDMARK AND PROVIDING A FAVORABLE RECOMMENDATION WITH REGARD TO BILL NO. 36-20 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission") operates pursuant to Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time, Title XV, Chapter 154, §§ 154.245- 154.263 of the St. Joseph County Code of Ordinances, as may be amended from time to time (together, the "Ordinances"), and the terms of the Interlocal Agreement between the City of South Bend and St. Joseph County dated December 12, 2017, as the same may be amended from time to time; and WHEREAS, per the Ordinances, the Commission's purpose is to preserve buildings, other structures, and sites of historical, architectural, engineering, and cultural significance within the City of South Bend, Indiana (the "City") and St. Joseph County (the "County"); and WHEREAS, the Commission fulfills its purpose, in part, by advising the City's Common Council (the "Common Council") or the County Council concerning the designation of local historic landmarks; and WHEREAS, in 1978, pursuant to Ordinance # 127-78, the County Council designated a property located at 60649 Hickory Road (the "Property") a local historic landmark; and WHEREAS, the City annexed the Property in 1989, pursuant to Common Council Ordinance No. 7991-89, and, subsequent to the annexation, the Property received Certificates of Appropriateness ("COA") issued by the Commission; and WHEREAS, the current owners of the Property (the "Owners") applied for and were denied a COA by the Commission on November 12, 2019 for the removal and replacement of siding; and WHEREAS, the Owners filed a Notice of Appeal of the Commission's decision on January 7, 2020 (the "Appeal"); however, the Common Council's hearing of the Appeal has been postponed since March 9, 2020 through no fault of the Common Council or of the Commission; and WHEREAS, the attorneys for the Owner and the Commission discussed an amicable solution, proffered by the Owners in their prayer for relief from the Common Council, in the form of the repeal of Ordinance # 127-78, which designated the Property as an historic landmark; and WHEREAS, at its July 20, 2020 meeting, the attorney for the Commission advised the Commission regarding the amicable solution, and the Commission moved and unanimously approved a motion not to oppose the repeal of Ordinance # 127-78 by the Common Council; and