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Filed in Clerk's Office <br />Historic Preservation Commission (HPC) v. Joyelle McSweeney, PetitidAoy�-J - <br />Cff)'GLEAIK, SOUTH BEND, IN <br />Petitioner's Evidentiary and Administrative Record, Pleading and Position Statement <br />June 23, 2022 <br />Submitted by Joyelle McSweeney <br />INTRODUCTION <br />On May 4, 2022, Joyelle McSweeney filed in the South Bend City Clerk's Office an Appeal to <br />the South Bend Common Council of the Historic Preservation Commission's Denial of <br />Certificate of Appropriateness. <br />The Appeal Application and Appeal Narrative [Exhibits A, B] give a chronological outline of the <br />events leading up to the filing, and I refer the Council to those documents for the relevant <br />specifics, which are also listed below in 'FACTS.' <br />STANDARD OF REVIEW <br />We ask that the common council apply a standard of review based on 1) reasonableness 2) health <br />and safety 3) preservation of historic value. <br />ISSUES OF LAW <br />1) REASONABLENESS and HEALTH AND SAFETY <br />The Standards and Guidelines of the Chapin Park Historic District [Exhibit C] provides the <br />following guidelines which the Historic Preservation Commission (HPC) shall follow when <br />petitioned by a homeowner to provide a Certificate of Appropriateness (COA): <br />In making its determination, the Historic Preservation Commission shall consider three factors: <br />first, appropriateness of the proposed work to the preservation of the building and district; second, <br />the detriment to the public welfare if the proposed work is permitted even though it is not deemed <br />appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness <br />would cause the applicant. [86] <br />We hold that by delaying and finally blocking the petitioner's ability to appropriately address the <br />most severely deteriorating, lead -shedding windows in our home, the HPC has caused <br />undeniable, severe and ongoing hardship to our three-year-old child and to us as a family. It has <br />therefore failed to meet the requirement of its own guidelines to consider potential hardship in <br />reaching its decisions. <br />