HomeMy WebLinkAboutSeptember 1992historic reservati®n c®mmissi
p ®n
of south bend and st. joseph county
ROOM 1123 COUNTY CITY BUILDING
south bend, indiana 46601 (219) 284-9798
AGENDA OF THE REGULAR MONTHLY MEETING
OF THE
HISTORIC PRESERVATION COMMISSION
Regular Monthly Meeting County Conference Room
7:30 p.m. 7th Floor, County/City.Building
September 21, 1992
I.
Call
to Order
II.
Roll
Call
III.
Public Hearing.
A.
Certificates of Appropriateness
1. 1418 East Wayne -- East Wayne Street LHD
2. 1322 Lincolnway E. -- Lincolnway East LHD
B.
Local Historic Landmark
1. 514 East Indiana Avenue -- Second Reading
IV.
Regular Business
A.
Approval of Minutes -- August, 1992
B.
Treasurer's Report -- August, 1992
C.
Correspondence
D.
Committee Reports
la. C of A (Staff Approvals)
a. 543 Edgewater Dr. -- Edgewater Place LHD
b. 729 Lincolnway E. -- Lincolnway East LHD
c. 1093 Riverside Dr. -- Riverside Drive LHD
d. 345 S. Sunnyside -- East Wayne Street LHD
e. 909 W. Riverside -- Riverside Drive LHD
2. Budget & Finance
a. County Budget
b. Grant Printing Bids
3. Legal .
4. Historic Districts
5. Historic Landmarks
a. Van Buskirk Cemetery -- First Reading
6. Standards and Maintenance
a. Maintenance Update
7. Personnel
8. Staff Reports
V. Old Business
VI. New Business
VII. Hearing of Visitors
VIII. Announcements & Miscellaneous Matters
IX. Adjournment
ornmission
historic preservation c
of south bend and st. joseph county
ROOM 1123 COUNTY CITY BUILDING
south bend, indiana 46601 (219) 284-9798
M E M 0 R A N D U M
TO: HPC
FROM: Fred Holycross
DATE: 9-16-92
RE: Regular Monthly Meeting
This month's meeting is on Monday, Septe.mber 21 at 7:3.0 p.m. at the usual
location. In addition to two COA's for public hearing, you will also be
asked to consider Local Landmark status for 514 East Indiana; approve bids
for printing costs for our grant project; and approve my choice for the
--Admin. Asst. position. I hope to see you all there!
n
COMMISSION MEETING VISITOR ROLL
September, 1992
r`
i
Visitors: Please fill in your name and organization (if
applicable) so your presence can be officially recorded for the
Commission's records. Thank you.
1 Aaeee z` - 21
2 22
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3 ry S .a Xl�.-- C?� 23
4 ! 24
5 25
6 26
7 27
8 28
9 29
10 30
11 31
12 32
13 33
14 34
15 35
16 36
17 37
18 38
19 39
20 40
CERTIFICATE OF APPROPRIATENESS STAFF REPORT
PROPERTY -- 1418 East Wayne Street
South Bend, IN 46615
OWNERS -- Anne and Patrick McGraw
DESIGNATION -- East Wayne Street LHD
STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT
1418 East Wayne Street is in the East Wayne Street district; it has been
rated on the Indiana Historic Sites and Structures Inventory as
"Non -Contributing." This rating is based on major alterations: aluminum
siding, storm windows and eaves, and a number of one-story additions having
been attached to the rear (south) of the structure. The house is an example
of Colonial Revival architecture.
This residence was designed by notable South Bend architect H.R. Stapp and
was constructed in 1928 for Catherine and Granville Keller. Granville was
the son of Fred Keller, one of the developers of the Sunnymede Addition and
the President of Hamilton -Keller, a local wholesale fruit company.
PROPOSED CHANGE
The owners propose to enclose the existing screened sunporch (attached to
rear, southeast corner of main block) by installing new windows and French
moors. This porch, and the one-story addition- immediately to its rear, are
mot original to the structure -- both were added sometime after 1942_
(source: Portage Township Assessor Report).
The proposal includes:
1. Install two sets of double casement windows on the south side of the
porch; the remainder of the wall will be covered with synthetic clapboard
siding to match the main structure. Windows will have false muntins
("grilles") to resemble 2 x 6 lights (each section).
Dimensions: each set 6'0" x 5'0".
Materials: solid wood, aluminum clad; color: white.
2. Install central entry doors (French doors) with a elliptical transom
window above. The central entry will be flanked with two sets of double
casement windows on either side matching the southern windows. As on the
south side, the remainder of the wall will' be sided to match the main
block.
Window dimensions: each set 6'0" x 5'0".
Door dimension: 6'8" x 5'01'
.
Transom window: 2'6" (top of arc) x 5'0".
Materials: same as above.
Note: The placement of the elliptical window above the French doors is the
owner's preferred design. However, the owners have also provided
alternative plans (see packet): #1. the same plan without the elliptical
window; #2. the same plan except for the placement of rectangular transom
1
COA No.1992-0914
window above French doors and above the four sets of double casement
windows.
STANDARDS
laterstandards (II -D-1) require that "[p]orches reflecting
7tter architectural styles, and which are important to the building's
historical integrity ... be retained." It is further recommended (II -D-2)
that "enclosing porches for heat conservation . . . should be done in a
manner that does not alter the architectural or historical character of the
build-ing."
RECOMMENDATIONS
The - '-proposal seeks to alter a portion of the structure that is not
historic. Enclosing the porch in the manner proposed would not affect 'the
building's remaining historical integrity. The choice to enclose the porch
using casement windows resembling those found on the front, first floor
facade, is appropriate; similarly, the use of siding to match the main
block is also appropriate.
However, the proposal to install an elliptical window on this facade, even
though it is an addition to the main block, would. introduce an design
element not found elsewhere on the historical facade. In this respect, the
proposal would alter the building's intended architectural character.
It is recommended that the HPC approve alternate plan #1, that does . not
include the elliptical window, as submitted by the owners.
F. Holycross
21 September 1992
2
COA No.1992-0914
1418 EAST WAYNE STREET -- EAST WAYNE STREET LOCAL HISTORIC
DISTRICT
Proposal 1992-0914
y'- lv - PL
East facade, porch to left (south)
19'- /0 - 9z
Porcb,, east elevation
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COA PROPOSAL 1992-0914 -- 1418 EAST WAYNE STREET -- SEPTEMBER 1992
OWNER'S PREFERRED DESIGN -- EAST ELEVATION
I
COA PROPOSAL 1992-0914 -- 1418 EAST WAYNE STREET -- SEPTEMBER 1992
OWNERS PREFERRED DESIGN -- SOUTH ELEVATjON
0
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PORCH
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PORCH
COA X61992-0914
ALTERNATE DESIGN 661 -- "NO ELLIPTICAL14WINDO14"
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COA 41992-0914
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ALTERNATE DESIGN #2 -- "TRANSOMS ABOVE WINDOWS/DOORS"
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CO& #1
'92-0914 -- ALTERNATE DESIGN #2 (anotb elevation)
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01 • 1
CERTIFICATE OF APPROPRIATENESS STAFF REPORT
PROPERTY -- 1322 Lincolnway East
South Bend, IN 46613
=WNERS -- Youth Service Bureau, c/o Bonnie Strycker
DESIGNATION -- Lincolnway East LHD
STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT
1322 Lincolnway East is in the Lincolnway East Local Historic District; it
has been rated on the Indiana Historic Sites and Structures Inventory as
"Non -Contributing." This rating is based on major alterations: synthetic
siding, replacement windows and doors, and a c.1960 breezeway connecting•
the main block and the garage. The house was built c.1904 and is
stylistically a Free -Classic Queen Anne.
PROPOSED CHANGE
The owners propose to make three changes to what was originally the garage
in order to facilitate its use as office space. The HPC granted a COA
(1992-0508-1) in May, 1992 that allowed the following changes: 1. reduce
garage door opening, replace with standard entry door; 2. replace existing
wood panel door on west side with steel security door; 3. replace wood sash
window on west side with larger window.
chis proposal is intended to continue that project and ask for a number of
odifications to the May, 1992 COA including:
1. Install twin, 6 over 6, double -hung windows on the west and east
facades.
Dimensions: (see attached spec's)
Materials: Andersen "Narroline", frame - wood w/ vinyl liner, sash - wood.
2. Replace set of fixed, tripartite windows on north side with three, 4
over 4, double -hung windows to fit within existing space.
Window dimensions: (see attached spec's).
Materials: same as above.
3. Install an air-conditioning unit through the south facade; to be in
center of facade, top of unit level with top of entry door to left.
Dimensions: 16 3/8" x 24 3/4".
STANDARDS
District standards require that "existing or original windows and doors ...
71 hall be retained" (II -C-1) and that "[n]ew windows ... that would alter
he scale and proportion of the building may not be introduced" (II -C-3).
The standards also require that "mechanical systems ... be placed in areas
that will result in the least possible alteration to the ... building"
1
1992-0916 -
(II -E-1) and recommend that air conditioners be "installed in the rear"
(II -E-2). Standards further prohibit holes being cut through walls "in
areas that can be seen from the street" (II -E-3).
ECOMMENDATIONS
As in the previous project (1992-0508-1) the proposal is not within the
letter of the Standards, however, the building has been significantly
altered: synthetic siding, contemporary windows and doors have been added
and the garage has been attached to an addition to the rear of the main
structure with a breezeway. In addition, several original garage windows
have been sided over.
The overall character, style and integrity of the building and site will
not be significantly compromised by the proposed changes. Recommendations
are as follows:
1. Approve overall change with one modification. Choose windows with
single -panes (1 over 1), not multi -panes (6 over 6). The introduction of
multi -pane windows would add a design element to the facade that does not
exist elsewhere on the structure.
2. Approve overall change with one modification. Choose windows with
single -panes (1 over 1), not multi -panes (4 over 4) for the same reason as
above.
3. Approve change; unit will not be visible from the street and is
therefore within District Standards.
1Holycross
1 September 1992
2
• 1322 LINCOLNWAY EAST --(-Proposal 1992-0916)
24. SITE PLAN
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Detail: tripartite window,
rear of garage (to be replaced)
Garage, from northwest.
1322 LINCOLNWAY EAST -- LINCOLNWAY EAST
LOCAL HISTORIC DISTRICT
(CCA PROPOSAL 1992-0916)
Rear of property, from southeast.
Garage, enclosed breezeway between
main block and garage. '
Rear, from southeast.
2j,
Garage, from northiMst (west facade, window
to be replaced)
1322 LINCOLNWAY EAST (Proposal 1992-0916)
. . . .
1iAc irk .. .
New
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_ Saur-14 -► LeVAZ2QIV,. _... .. EA S7—EL FVA7"IAN - -
TO BE REPLACED (COA 1992-0508-1; May, 1992)
cAL�3//6��:
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1322 L1NGe4vbvAY SAsr
-- Aidersen
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(IM - 0 9 14)
Narroline° Double -Hung Windows white • Terratone,' • Sandtone
=�=`iTANT NOTES
'Unobstructed glass size shown in inches.
Glass height for one sash only.
High -Performance insulating glass is coated. Solar control High -Performance
Sun insulating glass is a coated, soft grey tinted glass.
Picture window units are stationary.
See pages 66 and 67 for assembly, miscellaneous parts and optional
equipment.
See page 59 for Interior and exterior grille descriptions.
Contact our office for availability and shipping schedule.
Contact our office for availability of solar control High -Performance Sun
Tempered Insulating glass.
Contact our office for return merchandise policy.
BASIC UNIT INCLUDES:
• FRAME: Assembled, preservative treated frame with rigid vinyl liner on wood
jambs. Glazed sash installed with overhead balances. Wood members forming
exterior casing and sill are covered with a rigid vinyl sheath in white,
Terratone' or Sandtone color.
• SASH: Wood members treated with water repellent preservative. The exterior
of wood sash protected with long-lasting patented polyurea finish for white;
polyester urethane finish for Terratone` or Sandtone color. Interior face of sash
clear for stain or paint finish. Optional prefinished interior available. Glazed
with High -Performance, solar control High -Performance Sun or High -
Performance Tempered insulating glass.
• JAMB WIDTHS: Basic jamb 4-1/2". Nailing flanges are reversible for 4 1/8"
wall. Contact our office for availability and sizes of extension jambs (not
included in basic price.)
• MISC.: All weatherstrip applied. Rigid vinyl anchoring flanges on head and
side jambs and flexible vinyl windbreak on sill applied.
T- r
•/o" r
GLASS* 910" 2 4"" 28'1,s* 32 /Is* 36'fi? 40'1,-*
182 20210 24210 28210 30210 34210 38210
1832 20323032 3432 3832
16
20310 2431
li3fli' 28310 30310 34310 38310*
1842 2042 2442 2642 3042 344r 3842'
ANDERSEN' COMBINATION UNIT FOR TRIPLE GLAZING
NARROLINE' DOUBLE -HUNG WINDOWS
Av&ilable in white, Terratonee or Sandtone.
:ectlon at Head — Outer frame of combination unit fits into head jamb of window unit. Hinges
astened to the head jamb enables easy cleaning of sill.
vection at Check Rail — Strong aluminum check rail with stationary storm panel, insect screen and
Maung panel.
t Jamb — Storm panel operates on smooth vinyl channels within the side stile frame
Insect screen is located outside the stone panel.
Section at Sill — Combination unit frame bottom rail with insect screen in place and operating lower
panel in closed position. '
,OTE: Do not apply combination unit to units glazed with solar control High -Performance Sun
nsuiaung glass unless the solar control High -Performance Sun glass is Tempered.
omplele combination unit is furnished by Andersen' not applied to window unit.
The heavier weight of some
optional glazings (i.e.,
tempered glass, wired glass,
etc.) may restrict sash travel
on these units. Please check
with our office for more
Information.
VERTICAL SECTION
Huge _
member. \ , `
combination
and for Inple
gwrig
Head s
Stationary I � � _
_ �gqn Check Rap Q
lower
sip
12'
The figures and Information contained in this catalog reflect the use of genuine Andersen* parts and accessories. Always specify and check for the Andersen*name
it trademark to be sure you're getting top quality Andersen* products.
60 1992
STAFF REPORT:
Proposed Local Historic Landmark Status for
514 East Indiana Avenue -- The Samuel W. Studebaker House
At the September, 1992 regular monthly meeting of the Historic Preservation
Commission, you will be asked to consider the recommendation of the Samuel
W. Studebaker House at 514 East Indiana as a Local Historic Landmark. The
present owner, Mrs. Gervae James, has requested this action and has
provided the HPC with a signed approval form.
The structure has been rated as Significant (S-11) on the Indiana Sites and
Structures Inventory. Architecturally, the structure is best described as a
variant of the late Queen Anne Style -- it is essentially an early American
Four -Square with a large polygonal bay window on its west facade, two
additional smaller bays and a wide dentilled entablature under the eaves
and dormer roof lines.
The house has undergone major exterior alterations. The structure has been
sided with aluminum and has had aluminum storms installed -- most of the
window and door surrounds have been removed to accommodate the siding. The
front porch has been altered -- brick supports were added -- probably in
rhe 1920's. Several exterior doors have been removed and replaced. No
riginal outbuildings remain.
The exterior of the house has significant maintenance problems: 1. all wood
surfaces are in dire need of paint (eaves, remaining window trim, side
porch supports, etc.); these surfaces are deteriorating rapidly; the east
side -entry canopy, especially, is in an advanced state of deterioration. 2.
several areas of the ahistoric (aluminum) siding is deteriorating, is
discolored and, strangely enough, shows evidence of rust.
RECOMMENDATION
The Samuel Studebaker House (1902) was judged to be both architecturally
and historically significant on the city survey. Although altered, it was
designed by architect Walter W. Schneider (1868-1957), an important South
Bend architect who was responsible for the design of the River Park Theater
and the Natatorium, as well as numerous residences and other structures in
the region. The structure remains as a fine example of Schneider's
residential design and as a transitional vernacular form bridging the
ornate houses of the nineteenth-century and the more austere twentieth-
century styles.
Historically, the structure remains as material evidence of one of the
city's important industrial families -- the Studebakers. The house was
�uilt for Samuel W. Studebaker, the son of Henry, the elder brother of the
iblings responsible for the founding of the famous auto -manufacturing
oncern. In addition, the house was later owned and lived in by two other
South Bend businessmen of note and their families -- Clifford M. Lontz,
president of Lontz Brothers and E. Glenmore Wells, president •of the Wells
Manufacturing Company.
The structure fulfills the criteria necessary for designation; the HPC has
fop
the support and permission of the property owner. However, the structure
does not meet HPC Minimum Maintenance Standards; in effect, the owner would
be in violation of those standards as soon as the structure was
Hesignated.
I recommend that the HPC "provisionally recommend" the structure for
designation, with the stipulation that formal recommendation for
designation to the Common Council would be granted if the owner adequately
addressed the maintenance problems listed above.
The owner has stated that she cannot afford to restore the structure; in
fact, she was quite.concerned that designation would not cause additional
expense, as she is on a fixed income. The Studebaker Automobile Owners Club
has shown some interest in the structure; perhaps the HPC could request
that organization to help the owner finance rehabilitation costs.
HISTORIC DEVELOPMENT
The following is a historical sketch of 514 Indiana Avenue to aid in your
assess-ment of the property.
Samuel Studebaker purchased this lot for $1200.00 in 1902 from the estate
of his father, Henry (1826-1895). Samuel lived in the house until his death
in 1915. Henry began in the blacksmith business with his brother, Clem,
under the name H. and C. Studebaker but was forced to retire due to ill
health, relinquishing his share of the business to his brother J. M.
Studebaker. Samuel was born on April 2, 1854 in South Bend. He attended
public school in South Bend and later attended the University of Notre
lame.
Samuel Studebaker managed the farm of his uncle, Peter E. Studebaker, for
twelve years before becoming the proprietor of a livery stable and boarding
business on South Michigan Street. In November, 1899 he and Nelson L. Jones
purchased the undertaking business of D. E. Huntsinger at 307 West
Jefferson Street. The partners ran funeral parlors at this address until
1904. Samuel was then briefly involved in the hardware business with
Sherman G. Chard at 233 South Michigan. He retired a few years later. After
his death in 1915, his wife Mary lived in the house until it .was sold to
Clifford M. Lontz in 1919.
Lontz was the president of Lontz Brothers -- dealers in coal, coke,
gasoline and oils -- located at 602-606 South Michigan. He inherited the
business from his father, William H. Lontz, who began the business in 1887
with his brother, Charles S. Clifford was born in South Bend in 1883,
attended local public schools and later graduated from Wabash College in
Crawfordsville, Indiana. He married Charlotte. Black (Fargo, North Dakota)
in October, 1913; the couple had four children.
The coal business was moved to 629-643 North College in 1929 -- a modern
yard with silos, unloading devices, trucks and up-to-date
equipment. After Clifford's death in 1927, Charlotte remained in the house
until it was purchased by Hazel P. and E. Glenmore Wells in 1930.
Glenmore Wells served as Secretary of the Wells Manufacturing Company
IiMen he and Hazel bought the house; he later became president of the firm.
He was born March 31, 1888 in South Bend, the son of Elmer E. Wells, who
began the family business with his father, Alvah M.(1827-1910) under the
name A. Wells and Son in 1876. The original business was a cabinet factory
at the foot of Washington Street on the banks of the St. Joseph River. The
2
company's name was changed to the Wells Manufacturing Company in 1912 when
a new and larger plant was constructed on South Main Street. The company
manufactured wood bases for engravers and electrotypers -- its products
-ere distributed world-wide. The firm was purchased by W. M. Hass in 1944;
Glenmore remained as its head.
Wells died on November 10, 1974. He and his wife had lived at 514 Indiana
until purchasing a new home at 1603 South Broad Drive in 1959. The house on
Indiana was then occupied by Gervae M. and Donald C. James. The James'
purchased the property in 1977 from the estate of Hazel Wells; Mrs. James
remains as owner in 1992.
Fred M. Holycross
September, 1992
SOURCES
South Bend Citv Directories.-(various,1898-1960).
PortaQe Township Assessor's Reports 1932 and 1989.
St. Joseph Countv Plat Book 8:62.
Deed Index 85:260.
Deed Book 123:237; 152:129; 161:170; 162:34; 239:560; 829:69.
Citizens' Historical Association Biographical and Historical
Manuscript
#2/B200/D12/E71/F45 (South Bend: n.p.,1935).
Anderson and Cooley, comp. South Bend and the Men Who Have Made
It (South
end: 1901):142,155,176,217,241,281,398,399.
oward, T.E. History of St. Joseph "Countv. Indiana
(Chicago:
907):289,478-481.
South Bend Tribune 10-13-27; 7-25-29; 6-14-65(obit.); 6-18-65(obit.);
3-8-74; 10-14-74.
South Bend News Times 3-8-27; 10-14-27(obit).
TREASURER'S REPORT'
AUGUST - 1992
—As can be seen from the St. Joseph County computer ledger (account
4/001.39211.000.034) for the month of August, 1992, we have incurred no
unusual expenses. This month's expenditures total $2704.67. Total expenses
for 1992 come to $29,357.77. Our unencumbered account balance is
$13,203.16.
In June we quiatesed (deposited) $6,196.33 into the St. Joseph County
general account. This money consisted of $9.00 in COA fees, $1,198:33 from
our Community Development Block Grant claim for June, 1992 and $4,989.00
from our DHPA Grant for January to June, 1992. We also received $15.14 in
cash for COA applications and photocopying fees; this money goes into our
"Petty Cash" account.
FUND: On -1 COUNTY GENERAL
PROCESS TRAN TRAN
FUND.ACCT.06J.LOC MO/YR DATE TYPE AMOUNT OTHER DATA
001.39211.000.034
HISTORIC
PRESERVATION
COMMISSIONERSS
08/92
02/26/92
ENCUMB
0.00
PO
1053287
VENDOR
1000553
DILLS CAMERA SHOP
08/92
08/04/92
CLAIM
60.35
PO
#000000
VENDOR
#000507
COUNTY COMMISSIONERS
BANK
#02
CHECK
#153073
08/92
08/04/92
CLAIM
490.00
PO
#000000
VENDOR
#000907
HODGES, SUSHMITA
BANK
102
CHECK
4153103
08/92
08/04/92
CLAIM
10.00
PO
1000000
VENDOR
#300010
BANK
102
CHECK
#15310:+
08/92
08/04/92
CLAIM
66.80
PO
1000000
VENDOR
#001617
KELLY SERVICES. INC.
BANK
102
CHECK
9153113
.08/92
08/04/92
CLAIM
746.01
PO
1000000
VENDOR
#006741
PASTOR JAMES
BANK
102
CHECK
4153150
08192
08/18/92
CLAIM
73.13
PO
1000000
VENDOR
#000507
COUNTY COMMISSIONERS
BANK
#02
CHECK
1153753
08/92
08/18/92
CLAIM
13.85
PO
1000000
VENDOR
#000684
GENES CAMERA STORE INC
BANK
102
CHECK
#153768
08/92
08/18/92
CLAIM
490.00
PO
#000000
VENDOR
#000907
HODGES, SUSHMITA
BANK
402
CHECK
#153783
08/92
08/18/92
CLAIM
46.20
PO
#000000
VENDOR
#001154
MICHIANA AREA COUNCIL
OF BANK
402
CHECK
#153808
08/92
08/18/92
CLAIM
708.33
PO
#000000
VENDOR
#004741
PASTOR JAMES
BANK
#02
CHECK
1153826
001.39211.000.034 HISTORIC PRESERVATION
COMMISSIONERS
ESTIMATED REV
RECEIPTS UNRECV REV
BAL APPROPRIATION
ENCUMBRANCE
EXPENDITURE UNEXPENDED
BAL
UNENCUMB BAL
CUR 0.00
0.00
0.00
2,704.67
TOT 0.00
0.00
0.00
42,560.93
0.00
29,357.77
13,203.16
13,203.16
Correspondence Received -- August 8 to September 20, 1992
Team Tourism (Indiana Dept. of Commerce), July/August, 1992.
Michiana Area Construction Industry Advancement Fund: "Plans on File,"
August 10, 1992.
Renovators catalog, Summer, 1992.
United Wav of St. Joseph County, newsletter, 2:22, 1992.
National Trust for Historic Preservation: Announcement of annual
conference, Miami, October 7-11, 1992.
-- Michiana Area Construction Industry Advancement Fund: "Plans on File,"
August 17, 1992.
Northern Indian Historical Society:Calendar of Events, Summer 1992
Michiana Area Construction Industry Advancement Fund: "Plans on File,"
August 24, 1992.
-- Michiana Area Construction Industry Advancement Fund: "Plans on . File,"
August 31, 1992. " Breakfast",
-- Arm Computing, Inc. Program announcement - "Computers for Br
9-6-92
-- Salvage One (Chicago, Ill): Calendar of events, Auctions etc.
-- Conference Announcement: The Frank LLoyd Wright Building Conservancy,
Sept, 17-20-1992, Manchester, N.H.
-- Northern Indiana Historical society: announcement of groundbreaking for
new museum.
Main Street Missive newsletter, August, 1992.
Announcement: Heritage Hill Home Tour; Grand Rapids, Mi., Oct. 3 & 4,
1992.
t--- Michiana Area Construction Industry Advancement Fund: ."Plans on File,"
September 8, 1992.
-- S.B. A. Genealogical Soc.: Announcement of sale of new publication --
"St. Joseph Indiana cemetery Inscriptions, Vol. 1.
-- Northern Indiana Historical Society: announcement of Art fair, 9-9-92.
Sep 16, 1992
HISTORIC PRESERVATION COMMISSION
STAFF APPROVALS: AUGUST 18 - SEPTEMBER 16, 1992
ST,#
----
STREET
----------
CATEGORY
--------
PROJECT DESCRIPTION
---------------------------
DESIG CASE#
543
Edgewater
roofing,
1.Replace existing roof
------ ---------
LHD-EP 1992-0826
Drive
gutters,
in-kind w/ white
roof
("Manville" brand) asphalt
trim,
shingles; 2. replace fascia
window
in-kind as needed,
trim
replace/repair soffits,
window surrounds as needed;
3.replace/repair downspouts
as needed in-kind, add
gutters around front porch;
4. add two roof vents
(north and south sides).
729
Lincolnway
driveway
Install poured -concrete
LHD-EP 1992-0911
East
parking apron in front of
residence; apron
dimensions: 23'x 26.5'.
(Area previously
gravel/slag-covered)
1093
Riverside
gutters
Replace gutters and
LHD-RD 1992-0912
Drive
downspouts in-kind.
345
S.
roofing,
1.Replace asphalt roof
LHD-EW 1992-0910
Sunnyside
roof
shingles in-kind; 2.
trim
replace deteriorated fascia
and soffit on garage
in-kind.
909
West
roofing
Remove existing slate from
LHD-RD 1992-0824
Riverside
dormers (east and west);
install metal flashing,
felt underlayment;
reinstall slate and replace
damaged slate in-kind.
MINUTES OF THE REGULAR MEETING
OF THE
HISTORIC PRESERVATION COMMISSION
Regular Monthly Meeting 7th Floor, County Commissioner's
7:30 p.m. Conference Room, County -City Building
August 17, 1992
I. Call to Order
The meeting was called to order at 7:35 p.m.
II. Roll Call
Members Present: Mrs. Martha Choitz, Mr. Jed Eide, Mr.
Herb Herendeen, Mrs. Janeanne Petrass, Mr. John
Oxian, Mrs. Joann Sporleder, Ms. Jewel Van Dalsen, Mr.
William Welsheimer Sr.
Members Absent: Mrs. Jean Dennen.
Staff Present: Fred Holycross--Director, James
Pastor --Administrative Assistant.
Also Present: Ms. Aladean DeRose--City Attorney, Mr. Kevin
Boughal--South Bend Tribune, Ms. Elizabeth Hasse --East Wayne
Liaison, Ms. Anne McGraw --East Wayne Liaison.
III. Public Hearing
A. Certificates of Appropriateness.
1. 1333 East Wayne -- East Wayne Street LHD
Mr. Pastor distributed photographs and described the project.
The owners were not present.
The proposal consisted of two parts: 1. install stockade fence
along rear sections of east and west property lines to replicate
existing; 2. install vinyl chain-link fence with gate between
rear, n.e. corner of existing garage and corner of stockade
fence along east property line.
Mr. Pastor remarked that the proposal was in keeping with the
standards even though chain link was discouraged; research
showed that chain-link was a common material for backyard
fencing in the neighborhood. He recommended approval.
Mrs. Choitz said that she saw nothing to prevent the Commission
from approving the project; it could not be seen from the street
and was well -screened by shrubbery.
Mr. Oxian asked if the owner or owners were present. Mr. Pastor
answered that they were not.
Mrs. Sporleder asked for clarification concerning the
staff -submitted site drawing and if the fence was to be attached
to the house. Mr. Pastor replied that it was to be unattached.
1
Mrs. Choitz asked what the intended purpose of the chain-link
was -- perhaps a dog run? Mr. Pastor replied that the owners had
not told him the purpose of the fence, merely that they wanted
to "fence in the back yard."
Mr. Eide moved to approve the proposal as submitted. Mr.
Welsheimer seconded the motion.
No further discussion followed.
Motion Approved unanimously.
2. 517 Edgewater Drive -- Edgewater Drive LHD
Mr. Pastor announced that the owner, Mr. Joel Mesecar, was
not present; he then distributed photographs and described the
proposal. The owner asked to construct a deck, 12' by 18' in
size, across the street from his property, on the east side of
steps leading down to a pier accessing the St. Joseph River.
Mr. Pastor told the commission that he and Mr. Holycross had
visited the site and measured the space intended to accommodate
the deck and that he wanted to submit a favorable recommendation
in light of this visit and asked that the HPC disregard his
submitted staff report with a negative recommendation. He then
asked that the HPC consider the height of the deck railings when
they made their decision.
Mrs. Choitz inquired whether the deck was to be level with the
street and whether there would be steps. Mr. Pastor answered
that it was approximately three feet below street grade. Mr.
Holycross then described the intended position relative to the
street.
Mrs. Choitz then asked whether or not the top railing could be
viewed from the street. Mr. Holycross answered that it could.
Discussion concerning railing height and city code requirements
ensued. Staff replied that the plan was within code.
Mrs. Sporleder asked for clarification concerning the height of
the deck relative to river level. Mr. Holycross replied that it
would be approximately six feet above the river. .
Mr. Oxian asked whether the deck was to include additional
rails, as the submitted plan showed only a top and bottom rail.
Mr. Holycross replied that the submitted plan also showed
additional slats between rail supports.
Mrs. Sporleder asked whether the owner intended to control
erosion under the deck in any way. Mr. Holycross replied that
they had not proposed anything to account for erosion and that
the area was "scrubby."
2
Discussion ensued concerning erosion possibilities. It was
finally agreed that there was little chance of causing any
additional erosion problems with or without the structure.
Mrs. Petrass moved to approve the proposal as submitted. Mr.
Herendeen seconded the motion.
Mrs. Sporleder asked whether or not the proposal fit within
District standards. Mr. Pastor replied that it did.
Motion approved with seven ayes. Mr. Oxian abstained.
IV. Regular Business
A. Approval of Minutes
Mr. Oxian asked that the July minutes be considered first.
Because of a lack of quorum at that meeting, the minutes for
July reflect a COA Committee Report concerning 1352 Lincolnway
East; approval or denial would be for both the minutes and for
the committee's decision concerning the COA.
Mrs. Sporleder asked for a report concerning staff approvals of
two portions of the proposal: a business sign and the design of
the rear, outside stairway accessing the second floor.
Mr. Holycross asked whether the Commission wished to attach an
addendum to the COA report. Mr. Oxian agreed that would be
proper in this case because it is being approved after the
Committee meeting.
Mr. Holycross distributed drawings of the final sign and the
exterior staircase design approved by Mr. Eide.and staff.
Mrs. Sporleder moved to approve the COA Committee's decisions of
July with an addendum approving the sign and staircase designs
approved by Mr. Eide and staff. Mrs. Choitz seconded the motion.
Motion approved unanimously.
Mr. Holycross asked that the June, 1992 minutes be approved as
submitted.
Mrs. Sporleder moved to approve the June minutes as submitted.
Mr. Welsheimer seconded the motion. Motion approved unanimously.
B. Treasurer's Report
Mr. Holycross asked that the treasurer's report for June and
July, 1992 be approved as submitted.
Mr. Welsheimer moved to approve the Treasure's Reports as
submitted. Mrs. Sporleder seconded the motion.
Mrs. Sporleder inquired as to the status of the staff budget and
grants. Mr. Holycross replied that the HPC would be asked to
consider grant -related printing costs at the next meeting if the
3
necessary bids were submitted by that time.
Mrs. Sporleder asked whether the County had made a decision
about HPC funds for the following year. Mr. Holycross replied
that the County had asked for no input; the County was likely to
approve the same amount for 1993 as in 1992. He added that he
would inquire again and report at the next meeting.
Motion approved unanimously.
C. Correspondence
No comment.
D. Committee Report
1. C of A (staff approvals)
Mr. Holycross reported that there were no staff approvals
in the previous month. Staff approvals for the June were
submitted for HPC review. No further comment.
2. Budget and Finance
No report.
3. Legal
Mr. Oxian reported that letters had been sent to various
district and landmark owners concerning Maintenance and COA
violations.
Mr. Holycross reported that the School Corporation had
replied concerning maintenance inquiries about Central and
Oliver Schools; they asked for a twenty day extension to look
into the matter.
Mr. Oxian listed the seven other properties being
addressed. Mr. Holycross will report at the next meeting.
Mr. Holycross reported that legal counsel was looking into
the matter of the fence at 630 West Washington that was
temporarily installed along the east property line to slow
trespassers.
Mr. Oxian reported that concrete had been installed covering
the entire front yard of 729 Lincolnway East without a COA or
building permit. 1071 Riverside and 805 Arch Avenue were
being turned over to the legal department.
4. Historic Districts
Mr. Oxian reported that the River Bend proposal would be
heard before the Area Plan Commission on August 25. Mr.
Holycross reported that Common Council President Stephen
Luecke would be giving the formal presentation to the
commission and staff would also be making a presentation.
Mrs. Sporleder inquired whether or not proper notice had been
sent to property owners. Mr. Holycross assured her that all
notices had been sent.
4
5. Historic Landmarks
1. 514 East Indiana -- First reading
Mr. Oxian reported that this property was a Studebaker
family residence and that a full report would follow in
September.
6. Standards and Maintenance
Mr. Holycross reported that he had sent a memo to
Maintenance Committee members asking for suggestions as to
Cemetery Maintenance Standards.
Mrs. Sporleder reported that she had recently discussed the
matter with Clay Township officials who felt that state
standards were adequate.
Mr. Oxian asked whether staff had pursued the owner of the
cemetery at 62472 US 31 South. Mr. Holycross relied that he
had but an answer had not yet been received.
Mrs. Sporleder suggested that research should ensue as to
whether or not state statutes concerning tax levies for
cemetery maintenance were outside the normal levy.
Mr. Oxian replied that his research revealed that special
legislation had been passed in LaPorte to address the matter;
St. Joseph county officials felt that it was part of the
levy, not outside of it, and suggested that special
legislation was necessary, as in LaPorte, to fund such
activities outside the regular tax levy.
Mr. Oxian reiterated that standards were needed.
Mrs. Sporleder moved to adopt the state standards for
cemeteries temporarily until additional maintenance standards
could be set up. Mrs. Choitz seconded the motion. Motion
Passed unanimously.
Mrs. Sporleder asked that a letter be sent to the township
officials advising them that the HPC had temporarily adopted
the state standards.
Mr. Herendeen asked whether it was common courtesy for owners
of property on West Washington Street to inform the
Commission of intended changes to their property.
Mr. Oxian replied that only in the case of designated
landmarks were owners required to apply to the Commission for
approval.
Mr. Herendeen suggested that we contact such owners in order
that the HPC could have changes to the property filed for
further reference. He offered to do so in the West Washington
neighborhood in the case of changes he knew were currently
underway.
5
7. Personnel
Mr. Oxian reported that the Commission had received Mr.
James Pastor's resignation.
Mr. Pastor told the Commission that his experience with the
Commission was likely to be helpful in the future, wished the
HPC continued luck in "raising consciousness" of preservation
and thanked the Commission members.
Mr. Pastor was thanked for his work by the Commission.
Mr. Holycross also thanked Mr. Pastor and told the Commission
that he had begun the replacement process. __
8. Staff Reports.
No report.
V. Old Business
VI. New Business
VII. Hearing of Visitors
Mrs. McGraw, Liaison member from East Wayne LHD introduced
herself and thanked the Commission for allowing her and her
fellow members to observe the meeting.
VIII. Announcements/Miscellaneous Matters
IX. Adjournment
Mr. Welsheimer moved to adiourn. Mr. Herendeen seconded the
motion. ApDroved unanimouslv.
The meeting was adjourned at 8:39 p.m.
6
STAFF REPORT:
Maintenance and Legal Update --
"Problem Properties"
805 Arch Avenue -- Edgewater Place LHD
Background: Owners, Mr. and Mrs, Jeffrey Beers, removed a historic rear
entry canopy sometime before May, 1991 and were contacted by.staff. That
May the HPC directed the owners to replace the canopy appropriately as
approved by staff. The owners did not respond. In December, 1991 the owners
were contacted by staff to advise them of their legal obligation to follow
through with the reconstruction.
The owner sent a proposal in January, 1991 that was inappropriate. Staff
spoke to the owners, sending a suggested design for their approval. The
owners did not respond. On May 20, 1992 staff again wrote to the Beers and
asked for their cooperation; on May 23, 1992 the owners were given,a COA
pending approval of the final design. They have yet to respond.
On July 28, 1992 staff sent a final warning letter to the Beers stating
that the HPC did not want legal entanglements with owners of historically
designated properties but was prepared to enforce the Standards. They did
not respond.
Present Status: The matter was turned over to HPC legal counsel for action
on September 3, 1992.
Central High School & Oliver School
Background: The South Bend School Corporation was sent a letter on July 28,
1992 asking for compliance with HPC policy after site visits by staff and
Commissioner Herendeen revealed numerous problems with both structures.
Staff received a request from Acting Superintendent Ralph Komasinski on
August 6, 1992 requesting an additional twenty days to "research and
adequately respond" to HPC maintenance inquiries.
Present Status: The extra twenty day period will expire on September 23,
1992.
1204 Lincolnwav East -- Local Landmark
Background: Staff was informed of maintenance problems at this landmark
property in July, 1992. The owner, Mrs. Maria -,Williams, was sent a
notification of maintenance problems on July 23, 1992. Mrs. Williams called
staff on August 13, 1992 to say that "she would have the maintenance
problems attended to." She was asked to send a letter stating her
intentions. No reply was received; staff again sent the owner a letter on
September 3, 1992 asking for compliance.
Present Status: No reply received as of September 15, 1992.
1244 Lincolnwav East (the "Potpourri") -- Local Landmark
Background: Staff received a notice from Code Enforcement on September 3,
1
1992 advising that this property would have a hearing on September 17, 1992
y a Hearing Officer concerning maintenance problems.
resent Status: Staff will attend September 17 hearing.
941-943 Riverside Drive -- Riverside Drive LHD
Background: Staff received several complaints concerning possible
maintenance problems at this property in August. A site visit revealed a
general lack of upkeep and a possible hole in the east side of the roof
that was allowing access by raccoons. Code Enforcement was notified. Code
Enforcement contacted the owner, compiled a substandard housing report on
the property and ordered repairs by September 12, 1992.
Present Status: The owners' legal counsel (or representative), John
Brennan, called HPC staff on September 9, 1992 to state that repairs were
underway. Staff asked that a letter be sent to the HPC stating the nature
of the repairs to be done.
1071 Riverside Drive -- Riverside Drive LHD
Background: (In brief) An inappropriate window was installed by the owners,
Mr. Stephen Murphy and Ann Manion, in 1991. The HPC directed that the
window either be removed or replaced with an appropriate design. The owners
did not comply.
to May 15, 1992 the property was deeded to William F. Moran. Repeated
etters asking Mr. Moran for compliance have yielded no cooperation.
Present Status: The matter was turned over to HPC legal counsel for action
on September 3, 1992.
630 West Washington -- Local Landmark
Background: Business proprietor, Ms. Lisa Maguire, had a front walk
installed without a COA sometime before May, 1992. Staff informed her that
she must apply for a COA; owner did not contact staff until, late August,
1992. Owner was given staff approval for the project on August 8, 1992.
In May, staff also noticed that a wrought -iron fence was leaning along the
brick wall running along the east side of the property. When asked its
purpose, Ms. Maguire voiced security concerns -and stated that the fence was
a temporary measure. Ms. Maguire was asked to either apply for a COA at
that time or to state in writing exactly how long she considered
"temporary" to be.
Ms. Maguire did not contact HPC staff and was sent a second letter on July
28, 1992. Ms. Maguire contacted the staff on August 7, 1992 and stated that
the fence was indeed temporary and, in addition, was not a "permanent
I�hange" and probably did not need a COA at all.
Xfter further consideration, on September 1, 1992 I wrote to Ms. Maguire
stating that I concurred that the fence was not a permanent change
(example: if the fence was leaning against the house, it would not need a
2
COA) and that I would have HPC legal counsel look into the matter.
MDn September 3, I received a letter from Aladean DeRose that generally
concurred with staff opinion (this letter is enclosed).
Present Status: Staff has offered to help find an appropriate, long-term
solution to Ms. Maguire's security concerns and is waiting for a reply.
1716 East Wavne Street -- East Wavne Street LHD
Backeround: Property owner Susan L. Metzger had a fence and gate
constructed at her property without a COA sometime before July 22, 1991.
The owner was given a partial COA in August, 1991 for the project. The HPC
ruled that the fence was appropriate but the gate was not. The owner was
directed to submit an alternate proposal for staff approval.
No change was forthcoming and the owner was contacted by HPC legal counsel
in January, 1992; the owner did not comply. HPC staff again contacted the
owner by mail on May 7, 1992 asking for cooperation; the owner contacted
the staff on May 29, 1992 in order to discuss a compromise. Owner was sent
several examples of appropriate gates. On June 1 the staff received another
letter stating that the owner was "working on the problem."
On September 3, 1992, staff again sent a letter asking for the owner's
compliance. Staff received a call a week later; Ms. Metzger informed staff
that the property had been sold to Jennifer and Bill Nolan. Ms. Metzger
uggested that the new owners might want to remove gate entirely.
Present Status: Staff contacted new owners by mail on September 9, 1992
asking for compliance, ie: removal of the gate or replacing it with a more
appropriate deign as approved by staff. No reply received as of September
15, 1992.
F. Holycross
15 September 1992
3
historicpreservationocommission
ssion
of south bend and st. joseph county
ROOM 1123 COUNTY CITY BUILDING
south bend, indiana 46601 (219) 284-9798
9-17-92 Addendum to Staff Report: Maintenance and Legal Update
1244 Lincolnway-East:-Post-Hearing Update
On September 17, 1992 the Department of Code Enforcement held a
public hearing concerning this property. Hearing Officer Larry
Clifford heard city complaints concerning the unsafe, substandard
condition of the garage and general maintenance problems
associated with the house. The owner, Dr. Ulrich Klopfer, was not
in attendance.
The property has had at least a dozen hearings over the last few
years; the owner has refused to comply with city complaints. The
garage has been ruled as unsafe and the city has ordered its
demolition.
Staff will send Mr. Klopfer a notification of noncompliance with
HPC Maintenance Standards; the city would be glad if HPC could do
something about this property, though they doubt if we will get
any more response than they have.
F. Holycross
STAFF REPORT:
Printing Quotations for South Bend Summary Report, Grant Project
Printing bids were solicited in August and September for the
printing of the South Bend Sites and Structures Summary Report.,
our current grant -funded project (July 1992 to June 30 1993).
Quotations were solicited from eight local and regional printing
companies or printing contractors. Three companies submitted
bids:
1. Keener Printing and Lithography -- $12,362.00
411 W. Indiana
South Bend, IN
2. Rink Riverside Printing Inc. -- $18, 552.00
209 East Colfax
South Bend, IN
3. Printed Solutions -- $20,875.00
54533 Terrace Lane
South Bend,.IN
I have enclosed copies of our bid notification and of the three
bidders' quotations for your information. I would like your
approval of the lowest bid -- Keener Printing and Lithography.
F. Holycross
September, 1992
historic reservation comImissi
p on
of south bend and st. joseph county
ROOM 1123 COUNTY CITY BUILDING
south bend, indiana 46601 (219) 284-9798
BID NOTIFICATION
The Historic Preservation Commission of South Bend and St. Joseph County is
seeking bids for the printing of a book reporting the results of its
recentlycompleted architectural/historical survey for the city of South
Bend.
Services to be rendered for this project will include:
1. Printing and binding a quantity of two -hundred and fifty (250) books.
Description of expected final product:
size: 11" x 8.5" (cover- 22.5" x 8.5" folded to 11" x 8.5")
length: approximately two -hundred and seventy-five (275) pages with
one -hundred eighty-nine (189) photographs and forty-seven (47) maps.
materials: text- 70 lb. Coated text wt.; cover- 80 lb. Uncoated cover
wt. (color of stock our choice)
Presswork: text- 1 color 1st and 2nd side (black and white); cover- 1
color 1 side (black and white)
2. The capability of providing electronic page -make-up (desk -top
publishing) of text, photographs and maps from our Q.and A., IBM
compatible database (text), photographs and maps; we will provide
"dummy -pages" and have final edit and approval. Bidder must be
able to electronically import our Q.and A. data -base for reformatting.
Bids must be submitted in written form, with authorized signature(s), and
submitted to the Historic Preservation Commission no later than August 14,
1992. Bids may be sent to:
Fred Holycross, Director
Historic Preservation Commission
1123 County -City Building
South Bend, Indiana 46601
(219) 284-9798
"This project has been funded in part by a Department of the Interior grant
administered by the Division of Historic Preservation and Archaeology,
Indiana Department of Natural Resources."
C: UM_r9=1T X M
KEEAtER P>R 3EAJ1F 31 t`dC3 ZT
411 W. Indiana Ave.
South Bend, IN 46613
219-232-1413
HISTORIC PRESERVATIO Date 08-14-1992
COMMISSION OF S. B.
1123 COUNTY CITY PLD Our Estimate !Number 11748
SOUTH BEND IN 46601
Attn: FRED HOLYCROSS Phone:
Description: HISTORICAL SURVEY POOP, FOR SOUTH BEND
COVER - New piece with typesetting included
TEXT - New piece with typesetting included
Prep:
TEXT - 189 Square Halftones 47 PMTS
Proofs:
COVER - 1 Dylux
Final Trim Size:
COVER - 22 1/2 x 8 1/2
TEXT - 11 x 8 1/2 - 276 Pages
Paper Stock:
COVER - 80 LB - Uncoated Cover Wt.
Brand: TETON COVER -Color: ANY -Finish: FELT
TEXT - 70 LB UNCoated Text Wt
Brand: NORTHWEST -Color: WHITE -Finish: GLOSS
Presswork:
COVER - 1 Color(s) 1 Side
TEXT - 1 Color(s) 1st Side 1 Color(s) 2nd Side
Bindery:
Perfect Bound - 0
Collated in Sets
Delivery: FOB SOUTH BEND
For
Quantity of 250 Price of _ff,
Terms: Net Net 30 Days
THIS ESTIMATE SUBJECT TO PRINTING TRADE CUSTOMS PRINTED
ON BACK. THANK YOU FOR THIS OPPORTUNITY.
DIANNEC; t..: r TZ
S
Printed 54533 Terrace Lane, Suite 250
South Bend, IN 46635
Polutions, (219) 299-0512
'Your answer to quality printing....Fax (219) 277-7679
Company Name ?0r, _ /dill
Customer Name 4feed 41 f
Address J�A ��c^I 1 /
City �� ►� I Din
Telephone _Ln o) -7q
# of Press # Finished # Press Finished Weight & Paper Ink
Originals Quantity Up Quantity Sides Size I Size Type Color Color
7 .- o2S'D —1 i 1 x g'/z. _I /.s� 7 D*
REMARKS:
PRINTING
ESTIMATE
Date of Quote —t3
Quote Prepared By
Bindery/Special Instructions
C6 wc �-Z� 1-4y
Imp • Lt 1.-
� _
This quote or 30 days.
Thank you! We wouleciate yrnir husiness!
rl e�j9 -i
Price
Printing I I�
i
Typesetting II ,: j ;vs
I
Subtotal kO
�75
Sales Tax _
TOTAL
II c�f�_U%J
II t
II
Rink Riverside Printing, Inc.
,40
209 East Colfax South Bend, 1N 46617
(219) 232-7935 FAX (219) 288-2115
eDI. OTATT0144
209 Colfax
South Bend, IN 46617
232-7935
--------------------------------------
Historic Preservation Date 08-04-1992
Commission
1123 County/City Bld Our Estimate Number 208020
South Bend IN 46601
Attn: Fred Holycross Phone: 284-9798
Description: Survey Book
COVER - new piece with Composition included
Body - new piece with Composition included
Body - 189 Square Halftones 1 Knock Outs
Proofs:
COVER - 1 Reader Proof 1 AssembledProof
Body - 1 Reader Proof 1 AssembledProof 1 Proofs)
Final Trim Size:
COVER - 11 x 8 1/2 - �6 Pages
Body - 11 x 8 1/2 - 276 Pages
Paper Grade:
COVER - 80 LB - Index & Heavy
Brand: Exact Bristol -Color: Regular Color -Finish: Vellum
Body - 70 LB - Book
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pUTN
`�I865
City of South Bend
Joseph E. Kernan, Mayor
Department of Law
Richard A. Nussbaum, II, City Attorney
September 1, 1992
Mr. Fred M. Holycross
Director
Historic Preservation Commission
County -City Building, Room 1123
South Bend, Indiana 46601
Re: The Olive Inn Bed & Breakfast
630 West Washington Street
South Bend, Indiana 46601
Dear Fred:
Finally, I have a response to you concerning the
"provisional" fence which Ms. Lisa Beth Maguire has placed on
the West Washington premises.
I am enclosing a copy of the research prepared by our intern,
Ms. Suzanne Walsh. Ms. Walsh concludes that because both the South
Bend Code and our Certificate of Appropriateness regulations govern
the "construction" of fences, she concludes that the temporary
placement of a fence on a historical property is not something over
which the Commission has control because it is not "construction.".
However, a municipal ordinance regulating erection of clothes
lines was upheld by a New York court as a valid exercise of the City's
police power "as an attempt to preserve the residential appearance of
the city and its property values by banning, insofar as practicable,
unsightly clothes lines from yards abutting the public street."
Accordingly, the Commission certainly could interpret its power over
historic landmarks and districts to include removal of temporary but
unsightly objects which detract from the aesthetic integrity of the
landmark or district. A strict interpretation, however, of our
ordinance and its regulations would not lead to such a result, and
1400 County -City Building • South Bend, Indiana 46601 • 219/284-9241
Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski
Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld -
Mr. Fred M. Holycross
September 1, 1992
Page 2
we would need to amend our procedures to make this explicit. I am not
sure that this would endear the Historic Preservation Commission to
the various districts it serves.
An interim suggestion might be for the Commission to declare
and determine that a temporary placement of an unsightly object upon
landmark property for a period exceeding six months shall be
determined to be a permanent construction, and as such, subject to the
Commission's power to require removal.
Sincerely,
Aladean M. DeRose
Deputy City Attorney
AMD/sb
P.S. The citation to the New York case is People v. Stover,
12 N.Y.2d 262, 191 N.E.2d 272 (1963).
Encs.
2AMD/1HOLYCROSS
LEGAL DEPARTMENT
2 NTEROFF = CE MEMORANDUM
TO = FRED HOLYCROSS DATE = SEPTEMBER 18, 1992
DIRECTOR, HISTORICAL
PRESERVATION COMMISSION
� n
FROM = ALADEAN M. DEROSE (a'- 16 N .
DEPUTY CITY ATTORNEY
RE = - 1071 RIVERSIDE DRIVE -- WILLIAM F. MORAN-
Per our conversation of September 17, 1992, I enclosea
draft of the Complaint which I intend to file against William F.
Moran. Please review for accuracy and let me know at Monday's HPC
meeting if this is acceptable to you for filing with the court.
Thanks.
Enc.
cc: Richard A. Nussbaum II w/Enc.
AMD2/2HOLYCROSS
STATE OF INDIANA, ST. JOSEPH COUNTY
IN THE ST. JOSEPH SUPERIOR COURT
MISHAWAKA DIVISION
THE HISTORIC PRESERVATION
COMMISSION OF SOUTH BEND AND
ST. JOSEPH COUNTY,
Plaintif f ,
M
CAUSE NO. 71D07 -9209 -CP -
WILLIAM F. MORAN,
1071 Riverside Drive,
South Bend, Indiana 46616,
Defendant.
COMPLAINT .FOR INJUNCTIVE AND EQUITABLE RELIEF
1) The Historic Preservation Commission of South Bend and
St. Joseph County, Indiana, is a governmental subdivision of both the
City of South Bend and the County of St. Joseph which are corporations
duly organized under the laws of the State of Indiana; the Historic
Preservation Commission was created pursuant to Title 36, Article 7,
of the Indiana Code, and is empowered to designate and regulate
Historic Preservation Districts.
2) Defendant William F. Moran is the owner of realty located
at 1071 Riverside Drive, South Bend, St. Joseph County, Indiana,
having the following legal description:
A lot or parcel of land 30 feet in width taken off
of and from the Westerly side of Lot Numbered
Eighty-one (81) and another lot or parcel of land
10 feet in width taken off of and from the Easterly
side of Lot Numbered Eighty-two (82) all as shown
on the recorded Third Plat of Shetterly Place
Addition to the City of South Bend, recorded
October 6, 1891 in the Office of the Recorder of
St. Joseph County, Indiana, in Plat Book 5, page
60.
3) The subject Real Estate at 1071 Riverside Drive,
South Bend, St. Joseph County, Indiana, is located in a Historic
Preservation District duly designated as such by the Plaintiff .
Commission and approved by the South Bend Common Council, and is,
therefore, subject to the rules and regulations enacted by the
Historic Preservation Commission concerning maintenance and
construction of any exterior feature of any building in a historic
district, a certified copy of the South Bend Municipal Code Ordinance
governing the Plaintiff Commission is attached hereto as Exhibit "A."
4) At all times relevant to this action the Rules and
Regulations of the South Bend/St. Joseph County Historic Preservation
Commission required that in a historic district a certificate of
appropriateness must be issued by the Plaintiff Commission before an
owner of a building in a historic district can make any "material
changes in exterior appearance of existing contemporary buildings by
addition, reconstruction, alteration." [Certificate of
Appropriateness Procedures I(D), a copy of which is attached as
Exhibit "B"].
5) At some unknown time around December 1991, Defendant's
predecessor owners of 1071 Riverside Drive, namely Ann Manion and
Steven Murphy, installed an elliptical window in the rear first floor
addition of the subject realty without obtaining a certificate of
appropriateness.
6) The elliptical window installed at 1071 Riverside Drive
around December 1991 by the previous owners is inappropriate to the
2.
style, character and cohesiveness of this building because said
elliptical window is characteristic of Queen Anne style homes and
other ornate styles of the 18901s, and the house itself is a Prairie
style residence of the early 20th century characterized by straight,
classic lines.
7) At its meeting of January 20, 1992, the Commission
considered whether to grant a certificate of appropriateness to the
previously installed elliptical window and decided that it could not
grant a certificate of appropriateness for the elliptical window
because such window injected a style element incompatible with the
Prairie structure of the house, but, consistent with its regulations,
the Plaintiff Commission granted owner Murphy an additional two (2)
weeks to provide proof of financial hardship sufficient to obtain
relief from strict compliance with the certificate of appropriateness
requirements.
8) At its meeting of February 17, 1992, the Plaintiff
Commission determined that the owners of 1071 Riverside Drive had not
sufficiently established economic hardship and, therefore, denied a
certificate of appropriateness for the previously constructed window.
9) The Commission notified prior owners Manion and Murphy on
February 18, 1992, that their request for relief based on financial
hardship was disapproved and directed them to 11(1) replace the
elliptical window with a rectangular window of similar size or (2)
completely side over the opening with wood clapboard to match the
existing siding."
10) Previous owners Murphy and Manion did not appeal
3.
Plaintiff's decision to the South Bend Common Council nor did they
make the required change in the window.
11) On or about May 15, 1992, William F. Moran acquired title
to the subject Real Estate.
12) On June 11, 1992, Defendant Moran was notified by letter
from Plaintiff's Director, Fred Holycross, of the historically
inappropriate window and was directed to remove the window.
13) As of this date, Defendant Moran has taken no action
regarding the elliptical window which remains as it was when
improperly installed by the previous owners.
14) Pursuant to the South Bend Municipal Code, Section
21-117.2(e)(7), Plaintiff has.the power to invoke "all appropriate
legal remedies at the state and local levels . . . when seeking
.compliance. with standards for preserving and protecting-. . . Historic
Preservation Districts."
15) Plaintiff's legal remedy is inadequate and harm to
Plaintiff's objective of preserving Historic Preservation Districts is
irreparable unless defendant is enjoined by this Court from
maintaining the elliptical window in the building on 1071 Riverside
Drive.
WHEREFORE, Plaintiff prays for an order of this Court
enjoining Defendant from maintaining an elliptical window in the
building located at 1071 Riverside Drive contrary to the opinion and
recommendation of the Plaintiff Historic Preservation Commission, for
the costs and all other proper relief.
4.
AMD2/CMPLT-MORAN
CITY OF SOUTH BEND, INDIANA
RICHARD A. NUSSBAUM II
CITY ATTORNEY
By:
5.
Aladean M. DeRose (4495-71)
Deputy Attorney for the City
of South Bend
1400 County -City Building
South Bend, Indiana 46601
Telephone: (219) 235-9241
Attorney for Plaintiff
Administrative Assistant Replacement
Attached is a resume for my choice to fill the position of Administrative
Assistant. Ms. Amy Kotzbauer has a broad range of academic and work
experience. She seems to possess the necessary interpersonal skills and
professional perspectives with which to successfully handle the tasks
expected in the position. With your approval, I look forward to making her
a part of the team!
F. Holycross
9-92
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649 Jackson Road Greenwood,: Indiana 317-881-4964;-- -
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