Wesminster LLC Pictures and Appeal

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APPEAL TO THE SOUTH BEND COMMON COUNCIL OF THE HISTORIC PRESERVATION COMMISSION'S DENIAL OF CERTIFICATE OF APPROPRIATENESS, APPLICATION #2021-0810 APPELLANT: JEFFREY FLATHERS, MANAGER FOR WE INSTER HOLDINGS LLC Filed in Clerk's office DATE: OCTOBER 18, 2021 OCT 18 ZllZl To the South Bend Common Council: cay 1% kN MLE JON 5007-H BAND � Westminster Holdings LLC, owner of 768 Portage Avenue, South Bend, Indiana hearby APPEAL the Historic Preservation Commission's (HPC's) denial of the Application for a Certificate of Appropriateness #2021-0810 and request that the Common Council overturn this ruling on Constitutional grounds. FACTS: Westminster Holdings LLC (WHLLC) acquired 768 Portage Avenue on April 28, 2021. In July 2021, while conducting routine maintenance at the house, Mr. Flathers (Appellant) replaced broken windows on the northwest facade with Pella, vinyl -clad, dual pane energy efficient windows. At the time, the City of South Bend was constructively aware that WHLLC had purchased 768 Portage because it released certain liens and orders to comply that had been placed on the prior owners. The windows were replaced, under honorable intentions, for health and safety reasons. The existing tenants were thrilled to have their old, broken windows replaced with energy- efficient ones, This also abated a lead-based paint issue, and so was considered a win- win for landlord and tenant, especially as the tenants have a minor child. In August 2021, Mr. Adam Toering, historic preservation administrator for the City of South Bend sent a letter to WIC LC requesting an application for a Certificate of Appropriateness for the work, and a $20 filing fee. WHLLC submitted an application and paid the fee. On September 20, 2021, Mr. Flathers, representing WHLLC, appeared before the Historic Preservation Commission and presented his case. During his presentation, the Appellant specifically asked each of the commissioners whether they were 1) residents of South Bend and 2) residents of Portage Township. At the time, an attorney named Sandy Kennedy, ostensibly representing the Commission, attempted to silence the Appellant by quashing his line of questioning, yelling at him, at one point "Sit down little man!"