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with the current property owner. Concerns over failing masonry resulted in the request that a temporary wooden
<br />enclosure be built over the entrance to the commercial spaces along the building facing College Avenue. The most
<br />recent hearing was held October 13, 2020; the hearing officer “modified the Demolition order to a repair order with
<br />a deadline of November 13, 2020” – failure to meet this deadline resulted in the repair order reverting back to the
<br />demolition order.
<br />
<br />HPC Staff have repeatedly encouraged the property owner to meet with Neighborhood Services and Enforcement
<br />officials regarding the status of the structure and his plans for rehabilitation. In the spring of 2022, HPC staff
<br />identified additional masonry within the right of way on College Avenue and notified Neighborhood Services and
<br />Enforcement. Soon after, the Fire Department discovered that there were tenants living on the second floor of the
<br />main building. On March 3, 2022, the structure was condemned, rendering it unfit for occupancy. Letters detailing
<br />the various violations at the property have been furnished to the property owner and signs have been posted on the
<br />site. Neighborhood Services and Enforcement staff submitted an application for a Certificate of Appropriateness
<br />on April 4th, 2022.
<br />
<br />Neighborhood Services and Enforcement comes before the Commission to ask for approval to conduct an
<br />emergency demolition of a structure that 1) has an active demolition order from a Code Hearing officer, 2) has an
<br />active “vacate and seal” from a Code Hearing officer, 3) has been ‘condemned’ by the department of Neighborhood
<br />Services and Enforcement, 4) does not have a ‘Certificate of Occupancy’ from the Building Department, 5) has
<br />assorted other violations from the Building Department and Zoning Enforcement.
<br />
<br />Section 21-12.04(b)(6)(B) of the City of South Bend Zoning Ordinance that establishes/enables the Historic
<br />Preservation Commission states the following:
<br />
<br />“Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any
<br />building, structure, or use which will not involve a change in any exterior features or to prevent the
<br />construction, reconstruction, alteration, demolition, or moving of any building, structure, or use which
<br />the Building Commissioner or other official having such power may certify as required by the public
<br />safety because of an unsafe or dangerous condition.”
<br />
<br />The Group B Standards, in place for all individually designated Local Landmarks, state:
<br />
<br />“Historic landmarks shall not be demolished. When a landmark poses a threat to the public safety, and
<br />demolition is the only alternative, documentation by way of photographs, measured drawings, or other
<br />descriptive methods should be made of both the exterior and interior of the landmark. The person or
<br />agency responsible for demolition of the landmark shall be responsible for this documentation.”
<br />
<br />STANDARDS AND GUIDELINES: “GROUP B” Standards
<br />Preservation Standards for local historic landmarks are used by the Historic Preservation Commission whenever exterior changes are
<br />proposed for officially designated structures. Review is required when proposed plans for building and development indicate the
<br />architectural character of the landmark will be changed, i.e., review is required for any project that affects the exterior of the building, site,
<br />outbuildings, grounds and landscaping. These standards are an extension of the present Ordinance #5567-73 and #54A-973 already adopted
<br />to implement a comprehensive program of historic preservation.
<br />
<br />The present historic preservation ordinances empower the Commission to issue or deny a Certificate of Appropriateness prior to the
<br />construction, reconstruction, alteration, demolition, or moving of any landmark. The ordinance also gives the Commission the power to
<br />establish reasonable and just standards for the preservation of historic landmarks, including architectural treatment, site development and
<br />maintenance provisions, providing that the standards are in keeping with the intent of the ordinance and that the standards apply only to the
<br />exterior features of the historic landmark. These standards guide the commission in their review of Certificates of Appropriateness.
<br />
<br />The two major conditions under which change will occur are maintenance or improvement and the demolition of an existing landmark.
<br />
<br />The Historic Preservation Commission has established two levels of preservation standards—Group A and Group B. Group A standards are
<br />the more comprehensive of the two and require that the original character of the building be maintained or restored. Group B (your
<br />Standards) require that the building be maintained as is and, if possible, returned to the original. One of these levels will be selected at the
<br />time of designation. Both require a Certificate of Appropriateness before the construction, reconstruction, alteration, demolition, or moving
<br />of any landmark structure or site.
<br />
<br />The property owner is responsible for furnishing the Commission with a complete description of the proposed changes. This information
<br />may be plans, elevations, specifications, photographs, or other means to accurately describe the project. When an application is being
<br />reviewed, it will be the responsibility of the applicant to demonstrate that the new work is compatible.
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