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<br /> <br /> <br /> <br /> <br /> <br />I have reviewed the 169-page Standards and Guidelines document on the HPC website, <br />https://docs.southbendin.gov/WebLink/0/edoc/401719/Standards%20and%20Guidelines.pdf, but <br />do not flnd any reference in that document to the principle that a landowner is entitled to a <br />reasonable return on the subject property. Indiana law refiects that principle by statute: <br /> <br />Indiana Code 36-7-11-14. Purpose of section — Procedure for demolition upon denial of <br />issuance of certiflcate of appropriateness … <br />(b) If a property owner shows that a historic building is incapable of earning an economic <br />return on its value, as appraised by a qualifled real estate appraiser, and the commission <br />fails to approve the issuance of a certiflcate of appropriateness, the building may be <br />demolished. However, before a demolition permit is issued or demolition proceeds, notice <br />of proposed demolition must be given for a period flxed by the commission, based on the <br />commission’s classiflcation on the approved map but not less than sixty (60) days nor more <br />than one (1) year. Notice must be posted on the premises of the building proposed for <br />demolition in a location clearly visible from the street. In addition, notice must be <br />published in a newspaper of general local circulation at least three (3) times before <br />demolition, with the flrst publication not more than flfteen (15) days after the application <br />for a permit to demolish is flled, and the flnal publication at least flfteen (15) days before <br />the date of the permit. <br /> <br />We ask that the HPC acknowledge the applicability of the above-quoted statute. <br /> <br />Concerning the statute’s provision that “before a demolition permit is issued or demolition <br />proceeds, notice of proposed demolition must be given for a period flxed by the <br />commission, based on the commission’s classiflcation on the approved map but not less <br />than sixty (60) days nor more than one (1) year,” please advise what period has been flxed <br />by the commission for this purpose. <br /> <br />Concerning the statute’s provision that a notice of proposed demolition must be posted on <br />the premises in a location clearly visible from the street, we will send a picture from the <br />street of the posted notice, and ask that you acknowledge that the visibility requirement is <br />met. <br /> <br />