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HomeMy WebLinkAboutJuly 1995AGENDA OF THE REGULAR MEETING of the HISTORIC PRESERVATION COMMISSION Regular monthly meeting County Commissioner's 7:30 p.m. Conference Room Monday, July 17, 1995 7th Floor County City Bldg I. Call to Order II. Roll Call III. Public Hearing A. Certificates of Appropriateness 1. 1017 Riverside Drive - RSD-LHD; Addendum rear yard privacy fence 2. 1329 East Washington - LL; replacement of circlehead windows 3. 962 Riverside Drive - RSD-LHD; tree removal 4. 938 Riverside Drive - RSD-LHD; replace gutters, storm windows, etc. 5. 1001 Hudson Avenue - RSD-LHD; shutters B. Second reading on landmark status for the following properties: IV. Regular'Business A. Approval of Minutes - June 19, 1995 B. Treasurer's Report C. Correspondence D. Committee Reports 1. Budget & Finance 2. Legal a. Historic Preservation Plan b. pending amendment(s) to ordinance 3. Historic Districts 4. Historic Landmarks a. Status of recommendations to Common Council - 534 LaPorte Avenue (Starzynski Texaco Gasoline Station) 221 North Michigan (Roma) .237 North Michigan (LaSalle Hotel) 511 West Colfax (Birdsell/Nimtz Building) 518 South Michigan (Pro Sound) b. Proposed Landmarks pending second reading Streetlight at NW corner Stanfield & Pokagon c. Frame Family cemetery 5. Standards & Maintenance 6. Personnel a. interview progress 7. Staff Reports a. C of A Staff Approvals 1. 1232 Lincolnway East - LWE-LHD; in-kind shrub replacement 2. 1150 Lincolnway East - LWE-LHD; in-kind driveway replacement 3. 1049 Riverside Drive - RSD-LHD; in-kind gutter replacement 4. 1093 Riverside Drive - RSD-LHD; in-kind siding replacement 5. 1093 Riverside Drive - RSD-LHD; in-kind sidewalk replacement 6. 938 Riverside Drive - RSD-LHD; renew, replace wood moulding V. Old Business VI. New Business VII. Hearing of Visitors VIII. Announcements & Miscellaneous Matters IX. Adjournment CER1 RATE OF APPROPRIATENESS STAFF 'ORT APPLICATION -- 1995-0613 PROPERTY -- 1017 Riverside Drive South Bend OWNER -- Richard Bennett DESIGNATION -- RSD-LHD STATEMENT OF SIGNIFICANCE/HISTORIC CONTERT This American Foursquare house with modest classical detail was constructed in 1904 and. is rated Contributing C/9 in the Indiana Historic Sites and Structures Survey. It is a contributing structure to the Riverside Drive Local Historic District. PROPOSED CHANGE A Staff approval was .granted on..June 19 for .removal of. an existing rear yard six foot fence and in-kind replacement of same. The desire of the applicant to change the character of, the fence from closely set dog-ear boards to shadow box design has resulted in this addendum being brought to the full commission. STANDARDS I.B.1. Required - ..... fencing ... which reflect(s) the property's history and development shall be retained. I.B.2. Recommended-,,New..site work should be. -.based upon actual knowledge of the past appearance _of...the. property found....in.photographs, drawings, and newspapers. New Site -work should also be appropriate to existing. surrounding site elements in scale, type, and appearance..... I.B.3. Prohibited - No -changes, may be made to the appearance of the site by removing old ....fencing...and other elements before evaluating their importance. to .the property's history and. development.... Front yard areas shall not be fenced and fences shall not extend forward of the setback line of the property. RECOMMENDATION The existing fence conforms to the character of the neighborhood in being restricted to the rear yard. The appropriateness of the fence size and location is established by historical precedent. Although it probably does not date from the. construction of the house (i.e. is probably not original), the existing fence material is -,old and deteriorated justifying its replacement . Even though this -is. a rear yard feature,. Staff recommends denial of the addendum as the proposed change is to a more modern motif thereby diluting the historical context of the district. t (�'IFICATE OF APPROPRIATENESf. " r REPORT APPLICATION -- 1995-0626 PROPERTY -- 1329 East Washington Street South Bend, IN OWNER -- Anthony Trozzolo DESIGNATION -- LL (group B) STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT Architects Austin & Shamblau designed this English Tudor Revival style house for Joseph Maxwell Stevenson in 1923. The son of a prominent banker, Stevenson was the publisher and then owner of the South Bend News -Times from 1920 until 1938. He was also, an officer and owner in the Conservative Life Insurance Company of America and Summers Medical Company. After his death in 1946, the house was occupied by Eugene L. O'Brien, vice-president of the O'Brien Varnish Company. The building is rated Significant (S/12) ..in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The applicant proposes to replace two circlehead window groupings.at the east side wall. The replacement material will be custom fabricated.wood casement windows similar in shape to the existing. New sash are proposed to be constructed in wood with metal cladding factory installed. New glazing is to be insulated glass with grills mounted between the glass panels in the pattern and color of the existing lead material. Existing wood trim is proposed to be retained. Interior storm windows are to be discarded. STANDARDS The Group B Standards for Local Landmarks state: C.2 Construction and Style - All work should be done in the architectural style and in a technique compatible with that of the original structure... C.3 Materials - Additions and improvements involving any new material in the Landmark should be of the same material as the original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original. RECOMMENDATION The existing windows are_ presently caulked shut, and are said to have not operated properly for some time. The owner and contractor propose to replace the existing units with replacement units which reasonably replicate the original with the exception of having more modern insulated glass and factory applied metal clad wood parts. The proposed replacement materials meet the criteria set out in the Group B guidelines. Staff therefore recommends approval. Staff does suggest that the metal cladding may be an additional expense which the owner might reconsider as the rest of the house will still require regular painting and the metal clad will no doubt in future be painted for color match to .the rest; making the colorfastness of the metal material moot. DBD 7/11/95 Vuu) m manufactures commercial 'I d' residential wood windows -- primed or aluminum clad. We pro- duce not only industry -typical archi- tectural designs; we also custom. design products to meet unique dimensions and specifications. Our selection of grille patterns, moulding profiles and glazing op- tions coupled with our customizing capabilities means that our products _rill match or compliment any win- =iow -- existing or new -- in virtually all applications. For original construction, our line of products is versatile and compre- hensive. We manufacture a wide range of industry standard designs. Call us with your specifications. CERTIFICATE OF APPROPRIATENESS STAPR REPORT APPLICATION -- 1995-0707 PROPERTY -- 962 Riverside Drive South Bend OWNER -- Diane Corbett DESIGNATION -- RSD-LHD, CP-NRHD STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT This eclectic period revival residence was designed by W.W. Schneider in 1913 for Calvin & Etta Clauer, who owned a jewelry business in downtown South Bend. It is rated Significant S/12 in the Indiana Historic Sites and Structures Survey and is a contributing structure in the Chapin Park National Register Historic District as well as the Riverside Drive Local Historic District. This location is likewise noted in the South Bend Historic Trees Pilot Survey for a stand of oak.. trees -which form a forest canopy older than the housing development. PROPOSED CHANGE The owners. propose--to.-remove a mature maple. tree from the .rear of the yard near the crest of the bluff. STANDARDS I.B.2 Recommended - ....Plant materials and trees in close .proximity to the building that are causing deterioration to the building's_ historic fabric should be removed. However, tree and landscaping elements that must be removed shall be immediately replaced with suitable flora. RECOMMENDATION The tree in question is leaning at an extreme angle due to its having been undermined at the root system by soil erosion which is endemic to this general location. Although a mature tree, this specimen also represents an intrusion into the oak.stand and its removal is not detrimental to this characteristic of the neighborhood. Staff recommends approval for the removal... of. this tree however continues to -have serious concern for the integrity of the houses in this vicinity due to the continual threat from erosion. Although the commission has not yet been able to find funding for the proposed study to recommend homeowner actions which may arrest thee problematic erosion in this area, we do know that as a general rule; woody plants with deep spreading root systems are typically utilized in this type of. situation and surface grounding such as sweet fern, rock spray, Dwarf bush honeysuckle, Running euonymus, Arnold Dwarf Forsythia, English ivy, creeping juniper, and coralberry may stabilize topsoils. Staff therefore recommends. replacement of the tree with new planting where existing soil and plant material is disturbed by this activity. DBD 7/11/95 CERTIFICATE OF APPROPRIATENESS STAFR-T2, PORT APPLICATION -- 1995-0707-2 PROPERTY -- 938 Riverside Drive South Bend OWNER -- Jay Tidmarsh DESIGNATION -- RSD-LHD STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT This residence was constructed circa 1903 in the American Foursquare form with Free Classic style. The house was rated C/9 when previously surveyed for the Indiana Historic Sites and Structures Survey, however subsequent removal of aluminum siding and restoration of details warrants review of this rating. PROPOSED CHANGE Proposed alterations in this application are: 1) Installation of replacement gutters to be: a. half round galvanized steel (preferred) or b. ogee profile aluminum (if cost of half round is prohibitive. 2) Reconstruction of wood sash storm & screen panels for windows. 3) In-kind replacement of deteriorated beveled wood siding as needed. 4) In-kind replacement of wood crown mouldings_ at soffitt where required by deterioration of existing material. STANDARDS II.A.1 Required - ...The existing or original architectural. detail around windows, porches, doors, and eaves should be retained or replaced by replicas of the same design and material when deteriorated beyond repair. II.B.2 Recommended - ...when necessary, gutters and downspouts shall be maintained or replaced with.. a style comparable and suitable to the architectural period. II.C.2. Recommended - Wood frame storm windows and doors, painted to match the original, should be used but should not damage existing frames.... RECOMMENDATION As noted above substantial restoration activity has been proceeding at this house. Staff recommends approval of all items on the following basis 1) Half -round galvanized gutters are the most probable original material. Existing gutters are aluminum ogee and replacement of such would be approvable by Staff as in-kind material. 2) Wood frame storm and screen panels are historically appropriate to the house and follow the recommendations of the established standards. 3) Siding placement would be approvable by Staff as in-kind material. 4) Wood moulding replacement at the soffit is an appropriate reconstruction of conditions prior to the installation of the aluminum siding which has now been removed. - DBD 7/11/95 GRR1'1Y1UA'B OF APPROPRIATENESS STAFF REPORT APPLICATION -- 1995-05-22 PROPERTY -- 1001 Hudson Avenue South Bend OWNER -- Carole S. Streeter DESIGNATION -- RSD-LHD STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT This American Four -Square residence was constructed c. 1942. It has some unusual features compared to the typical 1920's and 1930's Four -Square. These modifications include the very small vented roof dormer on the south side, the lack of much eave overhang, and the presence of the entry door on the side rather than on the street facade. The house has been majorly altered by the addition of aluminum siding. It is considered non-contributing in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The owner proposes to install white vinyl shutters on the larger three first floor windows. STANDARDS Riverside Drive Local Historic District Standards state: I. Existing Structures - Windows and Doors 1. Not Recommended - Metal. vinyl, or fiberglass... shutters that would detract from the existing character or appearance of the building should not be used. RECOMMENDATION Based on the standards on the standards and noting that this house type seems to have a more simplified aesthetic than an older Four Square, staff recommends denial of this application for installation of vinyl shutters. CAA 6/12/95 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 June 19, 1995 I. Call to Order The meeting was called to.order at 7:36 p.m. II. Roll Call Members present: Father Richard Bullene, Mrs. Martha Choitz, Mr.. Adrian Fine, Mr. John Oxian, .Mrs._._Janeanne..Petrass, .Mr.._-Ed,Talley, Mr. Jerry Wiener, Mrs. Joann Sporleder and Mrs. Catherine Hostetler. Staff present: Mrs. Aladean DeRose,-..Legal Counsel,. Mr. David Duvall - Director and Ms. Christine Anderson - Administrative Assistant. Members Absent: Ms. Jewel Van Dalsen. Also present: Marsha Stevenson, Kevin Boughal. III. Public Hearing, A. Certificates of Appropriateness. . 1. 1001 Hudson Avenue -- RSD-LHD -- vinyl shutters President Oxian recommended since .the,,owner was not present. -and the staff recommended denial of the application,, the application be tabled. Mrs. DeRose noted that when the owner was notified that the COA had been tabled, it needed to include notice that by not showing up for the hearing, the owner had waived the 30 day .time limit. Commissioner Choitz moved the application for 1001 Hudson be tabled. Commissioner Wiener seconded the motion. The Motion passed unanimouslv. B. Second reading landmark status 1. 518 South Michigan Street President Oxian described the building briefly and noted the building was in a proposed National Register area. Ms... Anderson read the staff recommendation. President Oxian read a letter from the owner's attorney. President Oxian noted the owner also owns buildings across the street from 518 South Michigan which are in disrepair and involved in Code Enforcement hearings. President Oxian said he was afraid this building would end up being treated the same way. His recommendation was to recommend the building for landmark designation. Commissioner Choitz moved the Commission recommend 518 South Michilzan Street to the Council for landmark status. Commissioner Wiener seconded the motion. The motion passed unanimously. IV.Regular Business A. Approval of Minutes President Oxiannoteda correction in the. May 15th Minutes. to the motion made for 1333 East Wayne South.. Commissioner Tallev moved the minutes be approved as corrections. Commissioner Fine seconded .the motion. The motion passed unanimously. B. Treasurer's Report- No Report C. Correspondence Mr. Duvall reported receiving the Rum Village Neighborhood Action Plan. He noted a portion - of.. Rum_ Village_ is identified as, a, potential. local historic district. D. Committee Reports 1. Budget and Finance- President Oxian noted .a meeting- .was_.held,.-with the City to discuss how to obtain better pay for the HPC staff. President Oxian said he hoped to .have more. to., report next, month. .He said this was an. attempt to at least be partially funded by the City. Mr. Duvall reported the commencing date for the DHPA Grant Funding had passed but.the.Commission _had.not yet received notification of approval from the County Commissioners of the appropriation of cash disbursements in order.to reimburse the money from...the state. President Oxian noted the Commission is -the only. agency- that actually brings money into the County. Commissioner Sporleder inquired if -the 1996 budget had been turned in. President.Oxian replied__the .Budget had been sent to the County.but at the same .time_.the Commission was having discussions ..with .the. -City. .Commission Sporleder inquired if. a budget,. had-- given --to-the. City. President Oxian replied it had, but without any specific figures. Commissioner Sporleder noted Grants were. becoming, more difficult to. come by...and..she wondered .if that was holding true for --the HPC..,_Mr.. Duvall noted the Commission had applied for seven grants .and. had received funding for five. He_added .he._had received permission from the DHPA to add a National Register Nomination for the Studebaker Carriage _Works. Building at_637 South Lafayette. President Oxian said the problem -is the County has not provided the matching money to start the process. 2. Legal a. procedural rules Mrs.. DeRose indicated_ she .had, made procedural rules_ for the Human Rights Commission. and decided.. a. similar procedure.for the. HPC was needed. She noted the section pertaining to. time limitations on public debate is drawn from the Municipal Code.. which -governs. the Common Council. She said the Common Council limits the -presentations to five .minutes whereas she had allotted fifteen minutes for homeowners .,.to. present to the._Commission....Mrs. DeRose said President Oxian had noted --that in the -.Ordinance the unexcused absence of a Commissioner from four meetings. can .cause the removal, of that -Commissioner whereas the_ document...she_ had _ prepared._ put._...the.__limit at,.,three absences. She said there had been, -,another change called.for regarding the time, place and agenda of meetings. She said because, the HPC was a City/County agency, the meetings could be held anywhere within -St. Joseph County rather than just the City of South Bend. Mrs. DeRose noted.that these..were the Commissions. rules_ and._ could be changed democratically, but she felt it was important to have these rules in place for the_ Commission.. members -as- well- as__for .-the. public. She _suggested a copy be given_ to all- COA_.applicants,: so -the public knows how the Commission, conducts their meetings. Commissioner Choitz- recalled Mrs. DeRose giving the Commissioners. information on making a proper motion. Commissioner_ Choitz felt that information should,.be in.front,of the Commissioners as well as the rules for conduct., Mrs. DeRose commented the motion rules .were made to avoid reversals due to .the. denial of a COA for arbitrary or capricious reasons. She noted if, there were no., reasons for denial included in.the motion, a court could determine it to be an arbitrary decision. President Oxian_.asked, about. the- rule that restricted the ability of a member of - the public from - speaking more than one time on a subject unless the Commission voted., to allow a second presentation. President Oxian pointed out that often a person will be asked to clarify or explain something two or three times. Mrs... DeRose said that- if- the Commission wanted clarification or wished to have,,. the_ member. _of_ the-- public present again,. the Commission, has that prerogative, however_this rule was. to., prevent a member, of...the public from presenting and. -.-then once someone else has spoken to present again. Commissioner Fine inquired if the petitioner could request a right of rebuttal Jf the _Commission approves It., Mrs— DeRose..said she felt .that. rebuttal was a separate issue.. President. Oxian, asked if.-.. the- right - of.- rebuttal should be included.._Mrs..,DeRose,,.said..she. ._ felt. the Commission .did, not. have -to _grant a right, of_ rebuttal to. everyone. She said these rules were. created to increase the. HPC meeting efficiency,. and -.that, the Commission could hear rebuttals and counter.rebuttals all night..President Oxian explained.a.situation in which a .petitioner presents._and..then._ other_ members of ---the.- public.. present. President Oxian. explained. often. .the .petitioner would .like_ the right of rebuttal to .address ....the_ issues. brought, up. -,by --the.. members of ..the. public. Commissioner Talley pointed .out__.the.Common..Council. works...in.a manner similar to what President Oxian described. Commissioner Talley suggested the right of rebuttal be only for the _applicant. Commissioner Choitz suggested a time .limit for the rebuttal.., Mrs.. DeRose pointed out in the procedures she .had prepared, if a second presentation was allowed.it was limited to three minutes. Commissioner Choitz. inquired who,.would .be .responsible. for the clock. Mrs. DeRose it would -be .the. President ._.or.., whomever __the .President .appointed to be responsible. She pointed out if the Commission enforced these time limits, people would get the message these rules mean something. A discussion on.timers ensued. Commissioner Choitz moved to approve the Rules for Conduct of Business for the Historic Preservation Commission as corrected that the meetinz can take place anvwhere in St. Joseph Countv as designated in I.A.. under II.B. a homeowner can speak twice in a rebuttal to opposition to a COA limited to a three minute Presentation. and III.B. unexcused absence of a Commissioner from four consecutive meetings may be the cause for removal. Commissioner Hostetler seconded the motion. Commissioner Sporleder voiced concern with III.B. regarding the loss of membership by the appointing authority for just cause. Commissioner Sporleder suggested that the removal be qualified to be on the recommendation of the Commission. President Oxian read the Ordinance as it was changed. Commissioner Sporleder said her concern was not with that as much as the ability of the appointing authority to remove an appointee for political reasons. Mrs. DeRose explained there are constitutional restrictions on political firings. She said on the other hand if there was something egregious, the irresponsible Commission member could..be removed. Commissioner Sporleder explained with a single person appointee, someone could easily be removed at the discretion of a single person. Commissioner Sporleder recommended the removal be at the recommendation of the Commission. Mrs. DeRose asked if the Commissioner's would want to pass judgment on each other which would disrupt the working of the Commission. -Commissioner Sporleder said she felt the Commissioners could do that. President. Oxian_reported _on_.an._.instance when a. -Commissioner was forced to resign and ._a new Commissioner, was appointed. to be in opposition to presentations to the Commission. President Oxian said the Commissioner was intentionally appointed to be a pain to the Commission. Commissioner Sporleder said her concern was a Commissioner could be yanked off the Commission at the whim__ of_the ._ appointing_, body. _.Mrs. _ DeRose. noted ..there would _have, to. -be.,, just cause for removal. Commissioner., Choitz said „she felt,.the. way .the. rules are currently presented seemed_ to__.protect..rboth...sides. Mrs.. DeRose suggested the word "reasonable" be . added,., so__that . the --appointing- body,_had_to . given reasons for removing- -,-a Commissioner.. Commissioner DeRose added this change to her previous motion so that III.B. would read "Members of the Commission may be removed by the appointing body for .lust and reasonable cause." Commissioner. Talley inquired- _.if..the. issue _of..ex-parte needed to be addressed in this_ document._ Mrs...DeRose- ,asked,.for, clarification of what Commissioner Talley meant by ex-parte.. Commissioner Talley explained, the book "Procedural Due Process in P1ain.English" was the basis for. -his abstaining -from voting at last months meeting, on_ the .-COA. application_ for 1333 Riverside Drive because the owner had asked him to look at the project before Commissioner Talley knew the . owner.. --had _. already, . filed_._,for _ .a . COA.. Commissioner Talley inquired if . ex-parte needed to be addressed in the procedural rules of the Commission. Commissioner Choitz mentioned the Commissioners were bound to.not_give anyone permission to -,,do, anything. Mrs. DeRose said she .,viewed ex-parte- from a judicial point of.,.view_and in the legal profession, ex-parte communication is grounds .for disbarment..., Mrs. DeRose said she. assumed the public knew, about ex-parte communications.. Commissioner Talley referred to the_.BZA and the way BZA members are required -to -address ex-parte communications. Mrs. DeRose said she thought perhaps ex-parte needed to be. addressed as Commissioner Talley suggested. Commissioner Choitz said individuals could.not represent themselves as the Commission and must refrain. from giving advice—She added all calls regarding COA's should be referred to .the .staff. President Oxian said typically between the Commission meetings,. .the president, is asked what the Commission's stand point will be_ on..issues,,,but_.this would be issues that were not for public hearing. He said sometimes he. has. the staff hint -to applicants that their proposal might not be -approved -so that -the applicant can make revisions prior to the public hearing so .that the issue may -be _resolved, more quickly. Mrs. DeRose inquired_ if there was any problem including a rule requiring no ex-parte communications between Commissioners and petitioners. Mrs. DeRose said ex-parte could be just cause for dismissal of a Commissioner. Commissioner Talley inquired if he should amend Commissioner Choitz's motion. President Oxian said_ he felt it was not necessary because all the Commissioners know ex-parte is unethical. Commissioner Fine pointed out if the procedures were given out to all COA applicants, it might be helpful for the public to know ex-parte communications are not allowed. Commissioner Hostetler agreed. Commissioner Choitz pointed out there are a lot of ethical common sense things that Commissioners must consider like talking.to.the press, writing letters, or making phone calls and all these things could not be put in writing. Commissioner Bullene suggested an addition to III.B. saying 'The Commission may petition an. appointing . authority requesting the removal of a Commissioner." President Oxian said the COmmission did not have that right in the Ordinance. Mrs. DeRose explained there are certain things that can be done within the general operating guidelines. Commissioner Sporleder said there was really nothing to prevent the Commission from doing that now. Commissioner Talley inquired if ex -parte was to be included in this document. Mrs. DeRose_ replied that was up to the Commissioners. She explained it would serve to protect the Commissioners if it were handed out to the public so they would know not, to contact the Commissioners. She said the other side of the issue is maybe. there_ is-, already too much -in this document.. President Oxian stated. in_ .his . opinion ..it -should be left._ out. Commissioner Talley moved to amend Commissioner Choitz motion to include ex -parte. The motion died for lack of a second. President Oxian called for the vote on Commissioner Choitz motion. The motion Passed unanimously. Mrs.. DeRose noted she would be.absent .from the next Commission meeting and would have the revised procedures ready at the August meeting. b. Mrs. DeRose explained. the resolution to approve the Preservation Plan had to be approved by the Area .Plan. Commission prior to receiving approval from the Common Council. She said the Preservation Plan would come before Area Plan Tuesday, June 20. She noted after .the plan is approved by Area Plan and the Council, then the Commission would have means by which to approve any further landmarks. c. Mrs. DeRose, explained. she _hadtried-..to slip through a .way for the Commission itself to .proposed _.districts and landmarks. She said due to a technical hang-up in the state legislature, the Commission could not currently do so because it is a creature of zoning. She said zoning changes were able to be initiated .by certain, groups .of which the HPC was not one. She said she tried to sneak a change in. the. Ordinance through the Council but was caught. She said the way around this was to _get the statute changed. She explained when the state made the changes on who could introduce zoning changes, they were not thinking about South Bend's Preservation Commission. She said she didn't feel they intended to tie the Commission's hands when they amended the code, about three years ago- She explained the remedy seemed to be to get a amendment for St. Joseph County. Mrs. DeRose said part of. the Ordinance was still, going through which would ensure only one public hearing was held by the Commission on local historic districts. She noted there was currently the possibility of having to have two public hearings. Mrs. DeRose said the Ordinance change would be up, for first reading next Monday. A discussion. ensued on whether the Ordinance was before Area Plan or not. President Oxian commented certain people had inquired if__.the..HPC wanted to reorganize under the enabling legislation.. President Oxian said his reply had been the Commission. would definitely .not want to do that. Mrs. DeRose said there were-lots.of_ advantages to operating the way the HPC does now rather than under -the enabling act. She noted there were a lot of restrictions that come under the enabling act.and the.South Bend HPC could choose from the best of the regulations. and. not- use,. the more restrictive regulations. President Oxian said if ..the HPC opted to operate under the state enabling legislation, they would no longer be appointed by different agencies, rather they would all be appointed by..the Mayor for the City or the County Commissioners for the County. Mrs. DeRose pointed out the any new Commissions have to organize under the .state enabling act,_ _but because-. the .South. _Bend. _HPC organized, before that was enacted,_ they could. opt..,into...it_.or .stay. out o£ it-, She. said ,from John's practical standpoint as well as from a legal standpoint, it was best to remain under zoning. Commissioner Choitz,noted there. was _difficulty in, communicating -with the National Trust and.. the.. Preservation Alliance_ because_ they all spoke this "new language" that did not apply to -the South.Bend HPC.. She noted the HPC did not feel they had .any. authority, however .they have a great deal more than the newer Commissions. President Oxian commented on..the. skepticism of people at National Trust Convention the first year the South.Bend HPC was organized. 3. Historic Districts Mr. Duvall. reported -the petition documents had been prepared for the Lincolnway West District. _President Oxian suggested Mr. Duvall contact Kevin Weinberg so the process can continue. President Oxian said there was a list prepared of property owners to .contact to sign the petition. Commissioner Choitz inquired if there were.. enough volunteers to get the petition signatures. President Oxian noted there were five people who would go door-to-door. 4. historic Landmarks a. First Reading NW corner of Stanfield & Pokagon - lamp -post c. Status of Recommendations to Council President Oxian reported 310_West.Monroe, had- been LaPorte had _been.sold and. the, gas_ pumps ...taken activity was visible. withdrawn. -Ile reported 534" down,..but.that no further President. Oxian reported_ he was afraid -South., Bend is going to lose 221 North Michigan. He noted the City had tried everything possible to try to save that building including getting developers involved, but the owners rejected every attempt to save the building. Commissioner Talley said there must be some sort of eminent domain power .,that could be .used. President Oxian said legal opinions had_ been. that if. -it- had., gone, to the, courts the City would lose. He pointed out -if. the..City__had supported ,landmarking•,the building, it..may have dragged on longer, but he could not say whether the building would have stayed up. President Oxian reported. 511 West Colfax .was before the Council. for .first reading. Commissioner Hostetler inquired. if both the Rome and the. LaSalle Hotel were going .to be demolished. President Oxian replied negatively and that he was sure the LaSalle would become a landmark. 5. Standards and Maintenance President Oxian reported there .had been a recommendation for 325. North Shore Drive regarding vinyl siding at the Yeandel property. 6.Personnel President Oxian reported this was Ms. Anderson's last Commission meeting. Ms. Anderson thanked..,the.. Commission, for., the-, -opportunity- to _work _with them and wished the Commissioners the best. President Oxian , noted, there was no one to fill the. Administrative Assistant position yet. Ile _noted- -the re..was, a candidate, but. she did .not take the job. Mr. Duvall stated the job had been posted and if they had some one to hire, he could hire tomorrow. He noted. he had one interview scheduled. Commissioner Talley inquired if.there would be a problem with the work load if someone was not found soon. ..Mx -... Duvall_ replied things. would., get, a- little crazy_ in the office. Commissioner_ Choitz_said_in.,,_the__past. the_ Commissioners had been able to. help .,.from time, to.,time. _Commissioner Talley volunteered. his .time if Mr. Duvall desired help. 7. Staff Reports a. C of A Staff Approvals 1. 1618 East Wayne - EW-LHD; in-kind asphalt shingle re -roof 2. 1234-1236 Lincolnway East .._-..,LWE-LHD;. in-kind_ replacement.. driveway apron, sidewalk, and steps to house (concrete) 3. 1314 East Wayne -EW-LHD; removal of storm damaged tree b. Mr. Duvall explained that a _resolution. had been introduced by Council Member Luecke.supporting _the Historic Homeowner's Assistance Act which is presently in Congress. Mr. Duvall explained this Act would expand investment tax credits to home owner's in addition to investment properties. He noted the Common Council did pass this Resolution at it's last meeting. c. Mr. Duvall reported several Commission members -and the staff had made a site visit to 637 South Lafayette- He noted the site visit was also attended by members of the Studebaker Drivers Club. President Oxian noted the Driver's Club was going to have a meeting to discuss accepting the building. V. Old Business - none VI. New Business A. President Oxian asked Commissioner Talley to follow up on cemeteries in the County. President Oxian noted cemeteries -in. the County had been brought to light recently because of a case in which one was almost lost to development. President Oxian explained the Commission was interested in preserving the abandoned cemeteries by landmarking them. Commissioner Sporleder inquired if there was a list or map of cemeteries in the County. Commissioner Choitz said it would be nice if all the people working on cemeteries got together. Commissioner Talley noted NIHS is offering a two volume book of all the obituaries from 1831 -1950. Commissioner Sporleder inquired if the State of Indiana has any laws regarding the care of cemeteries. She said she knew in Illinois the Townships are responsible for the care and records of all abandoned cemeteries. President Oxian said the Townships, in St. Joseph County do care- for some of the abandoned cemeteries._ Ms. Anderson said she believed the Townships were responsible for .the . care. of abandoned cemeteries if they are aware of them, but there -,were unidentified_. cemeteries .that remain_ uncared for. President Oxian said. --the_Townships_.do not have control, over every abandoned cemetery, nor do they have control over the family plots. VII. Hearing of visitors - none VIII. Announcements IX. Adjournment - President Oxian adjourned the meeting at 9:07 pm. K 4.o .. P - -T1 II - --------- iI II cw� I rev-,