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HomeMy WebLinkAboutApril 1997AGENDA OF THE REGULAR MEETING of the HISTORIC PRESERVATION COMMISSION Regular monthly meeting County Commissioner"s 7:30 p.m. Conference Room Monday, April 21, 1997 7th Floor County City Bldg. I. Call to Order II. Roll Call III. Public Hearing A. Certificates of•Appropriateness .no applications pending IV. Regular Business A. Approval of Minutes,. 1. March 17, 1997- B. 997B. Treasurers Report C. Correspondence D. Committee•Reports 1. Budget &,Finance 2. Historic Districts a. Project Access b. East Wayne Street - street lighting 3. Historic Landmarks a. First reading for Local Landmark designation 1)-501 West Colfax 2) Studebaker Proving Grounds,Clubhouse - Bendix Woods County Park, 32132 S.R. 2, Olive Township b. Status of recommendations to Common Council . 1) 1637 Lincolnway West 2) 804 N. Lafayette - Madison School -5. Standards & Maintenance 6. Preservation Week 1997 E. Staff Reports 1. C of A Staff Approvals a. 713 Arch Street - roofing replacement of front porch only b. 1326 East.Wayne Street,- roofing replacement 2. Legal a. Amendment to City Ordinance b. Appeal of 1995-1201, 1414 East Wayne Street - front yard fence 3. DHPA Grant status a. 1996-97 b. 1997-98 4. Getting More Ink _ IAHPC conference 5. Newsletter 6. Blake Gardens V. Old Business A. 1202 Lincolnway E. - COA application for demolition of carriage house VI. New Business VII. Hearing of Visitors VIII. Announcements & Miscellaneous Matters IX. Adjournment • • • • MINUTES OF THE REGULAR MEETING of the HISTORIC PRESERVATION COMMISSION Regular Monthly Meeting (Revised) 7:30 p.m. County Commissioner's Conference Room Monday March 17, 1997 7th Floor County -City Building I. Call to Order John Oxian, President of the commission, brought the meeting to order at 7:35 p.m. II. Roll Call Commission members present were: John Borkowski, Richard Bullene, Martha Choitz, Catherine Hostetler, John Oxian, Janeanne Petrass, J. Edward Talley. and Jerry Wiener. Commission staff present were: David Duvall, Director, Melody VanZant, Administrative Assistant, and Aladean DeRose, Counsel. III. Public Hearing A. Certificates of Appropriateness 1. 1997-0304 - 1028 East Wayne Street (LL) - Gutter Installation Mr. Duvall read the Staff comments and distributed photographs. He also called to attention the previous COA that was issued back on November 21, 1991. That COA asked to replace the roof to resemble the original. However, the roof was put on without the pediment over the porch which_ is nota causing the problem of water dripping on the steps forming a hazard. Mr. Duvall noted that the contact person is Randy McKinley, a maintenance person, who seems willing to work with HPC, although, he did not show up at the meeting of which he was aware. Mr. Oxian stated that the previous COA was turned over to a committee. At that time, someone from the Family and Children's Center was present at the meeting. JoAnn Sporleder, Chairman of the committee, was at that meeting. Mr. Oxian said he could not imagine Ms. Sporleder giving permission to remove a pediment. " What they did", said Mr. Oxian, "was their own fault, and without the approval of the commission". He stated that the roofing people that the Children's Center hired was in violation of the COA. Mr. Duvall stated that there were framing plans in .the 1991 file that indicated how the framing was to run. The drawings did not indicate the pediment roof which would be built up over the other roof anyway, and it wouldn't have been necessary to express that in the plans, but it did create a little ambiguity in the record that there were plans indicating the roof to be built a certain way, but no elevations indicating what the finished product would look like. The presumption and understanding would be that the pediment would have been reconstructed. Mr. Oxian remarked that the initial reason this was sent to the committee was that the owners wanted to eliminate the pediment. Mr. Oxian stated that he could not imagine the committee disagreeing only to later agree with the owners. Mr. Talley remarked how this was an excellent example of why we should do follow up once a COA is given. He asked if it would be a problem to install a pediment now that the roof was already shingled and Mr. Duvall assured that it would be no problem with the exception of minor color mismatch. Mrs. Choitz expressed how important it was to always take minutes at the committee meetings for reasons such as this. Mr. Duvall mentioned that what was requested on the COA should have been followed. Mr. Oxian stated that this was clearly a violation of the COA. Father Bullene made a motion to deny the 1997 COA due to the violation of the • previous 1991 COA and until the previous COA is corrected, we will not approve a new COA which was caused by the violation of the original COA. (The reason stated by Father Bullene for denial was felt and agreed by all). Ms. Hostetler seconded the motion. The vote was unanimous. IV. Regular Business A. Approval of Minutes 1. February 24, 1997 Mr. Talley wanted the record to show that we were for making the Madison School a landmark status and did not want the landmark status to be a cause for the school corporation to close the school due to the status. Mr. Oxian made a few corrections beginning with, The Public Hearing part B, line two, should read "Mr. Litrell presented the signs". not represented the signs. The same paragraph, line 14 should state that "Ms. DeRose suggested that a new blanket COA be requested....", not blanket of COA be requested. Regarding the stationary, the description of Director should be placed after Mr. Duvall's name, and that all the names of all the commission members are to be added at the bottom of the stationery with the ninth person to be mentioned as an Architectural Historian . Mr. Talley moved to have changes made in the minutes with Mr. Father Bullene seconding the motion. The vote was unanimous. B. Treasurer's Report Mr. Wiener passed out to all a treasurer's report. Mr. Wiener indicated that he would need to talk with Mr. Duvall regarding the grant fund and office supply expenses. Ms. Petrass made a motion to accept the report. Ms. Choitz • seconded the motion. The vote was unanimous. C. Correspondence In: Mr. Duvall reported that we had received a solicitation from a Caroline Duke Wolf stating that in the future when we are having portions of landmarks removed to engage her for auction services. The woman was deploring the fact that pieces of the dome did not get turned into our and her profit. We received notification from Department of Natural Resources Division of Historic Preservation that the National Park Service has notified them that the St. Casimir Parish Historic District has been listed on the National Register of Historic Places on January 16, 1997, so the city now has another National Historic Register District. The mayor and commissioners have been duly notified of this and a classified ad has been placed for publication in the South Bend Tribune. Father Bullene asked if a note had been submitted to the church letting them know of this event. Mr. Duvall stated he had spoken with the chairperson of their centennial committee who in turn said she would inform the priest. The women spoke of a public announcement, possibly next January, when they hold their historical celebration might be the appropriate time to have their dedication and have some type of ceremony to celebrate this event. Mr. Talley suggested that we notify the South Bend Tribune for a feature story. Mr. Duvall agreed we need to do a press release. However, he thought that we might save this news for a press release during Preservation Week. Mr. Talley concurred. Out: • The usual responses to inquiries to particular houses. Also, sent a letter of support to Southhold in support for seeking the Cornelius O'Brien fund support to bring Brian Young to South Bend for Historic Preservation week for a lecture. Two pieces of correspondence went out with regards to Blake Gardens. The first was a report written, by the request of Mr. Oxian, regarding the state • of the wall upon which the plaque is to be affixed, and Mr. Duvall transmitted that information to Mr. Gregory McKay from the Department of Army Corp of Engineers plus a plaque response to Mr. Ken Fedder. Mr. Fedder had sent us a very brief plaque text and we composed other plaque text that we sent back to him. Sent a letter for request to travel for the commissioners to go to the public relations workshop that is on Tuesday, April 15th, in Indianapolis. Sent a letter to Sam Merchantini who is President of the St. Joseph County Park Board addressing the issues of what has now been published in the paper regarding the closing of facilities at Bendix Woods. Mr. Oxian suggested that Mr. Duvall wait a few days then make a call to follow up on the plaque text issue to make it final. D. Committee Reports 1. Budget and Finance None 2. Legal None 3. Historic Districts A. Project Access Ms. Hostetler reported that the meeting would be held on March 18. 1997. for River Bend residents, at the First United Methodist Church. There, also, will be a meeting on April 29, 1997, for the Lincolnway East district. • 4. Historic Landmarks A. Status of recommendations to Common Council: 1. 501 West Colfax There was no first reading at the committee level which means we skipped a step and we will have to start over. 2. 513 Harrison Avenue This has been tabled for 6 months. The realtor involved has requested tabling within a six month period to either allow time for the council to know something by then or perhaps, to have new owners. 3. 1637 Lincolnway West Mr. Oxian reported that Mr. Borkowski has again tried to talk with the owner but could only talk with the wife of the owner of 1637 Lincolnway West. Mr. Borkowski spoke with code enforcement and code enforcement is now going to put the building up for demolition, not necessarily going through with it but with the hopes that the owner will come forward and do something, perhaps donating the property, but, to do something, at any rate. The code enforcement is not anxious to tear down the building, but they hope to get some response from the home owner who doesn't seem to want to talk to anyone. 4. 804 N. Lafayette - Madison School Mr. Oxian asked Mr. Duvall if he had sent the ordinance down for 804 N. Lafayette. Mr. Duvall said he had sent it already. B. Bendix Woods National Register Site Mr. Oxian then asked Mr. Duvall if he had written a letter on Bendix Woods National Register. Mr. Duvall stated he had $ent a letter to the Park Board • regarding funding available through Historic Preservation Funds for building repairs related to historic buildings. Part of the plea from the parks department was that they have high maintenance cost on these buildings and Mr. Duvall pointed out that no one has ever asked The Commission to see if there is a way of helping to fund these expenses. Mr. Duvall stated that we are a certified local government which means that if we would ask for money for • these buildings' cost and repair that we could most likely receive money for these buildings. 5. Standards and Maintenance Nothing to report 6. Preservation Week 1997 Ms. Hostetler reported on her meeting held the previous Wednesday. She reported% that approximately 12 letters were sent out and she has representation of six of those organizations she sent letters out to. They had met for lunch to discuss how to get the word out to the media via television and radio regarding preservation week. The main concern was how to help get people involved in the historic preservation starting right here, at home. Also, it was discussed that the South Bend Tribune was going with a morning format beginning in June, by getting a section, perhaps a feature section, or hometown section, where the historic districts would commit a number of words per addition, whether it be once a month or once a week, to somehow get a fixed format, for all the surrounding counties as well as St. Joseph county, so Al will know what is going on. Other discussion was about possible topics for the paper, according to Ms. Hostetler, but there were no specific details as of yet. E. Staff Reports 1. C of A Staff Approvals None • 2. DHPA Grant Status A. Mr. Duvall reported that he had received notification on St. Casimir's National Nomination. He spoke recently to Glory June who is coming along well with her nominations and plans to proceed with her New Deal context study after she is finished with her nominations. We should be receiving her nominations in the mail the end of this week. Malcom Cairns finally came to town last week and met with Mr. Tally and Mr. Duvall. He will be doing the Leeper Park Nomination. The Westerly Group is working on the reconnaissance level survey work for the East Bank properties. B. 1997-1998 There is nothing new to report on the funding of 1997-1998 beyond what was reported last month. C. Extra items to be added: 1. Newsletter: Mr. Duvall presented a newsletter example for everyone to review the proposed format. He suggested a 11 x 17 double fold page letter with a newsletter, calender, HPC news, currently threatened properties, C of A issues column, etc. This newsletter would be mailed to all occupants of Historic Districts and Landmark Districts. Also, Landmark has a yard sign program which we might insert to coordinate between Landmarks and ourself in that particular preservation week. Mr. Oxian will look over this newsletter before going out in the mail. Ms. Choitz wanted to know how often this newsletter might go out and suggested maybe four times a year. She also suggested that they be dated. Mr. Talley concurred. Father Bullene suggested sending the newsletters out to every property owner and Mr. Duvall stated he planned to send these to every property owner in each district and every landmark owner. Mr. Oxian suggested getting feedback before making a definite decision. 2. Property Value Study: Mr. Duvall passed out a property value study. • Mr. Oxian stated that Commission members should all receive a report on the property value study, especially new members. 3. City/County Survey Books: Mr. Oxian reported that all commission members who did not have a city survey book and a county survey book (especially a county book) should have one, even though they may be old. He mentioned that a new survey will be done in the very near future. He suggested that anyone who is interested in a house becoming a landmark, either county or city, should be told to the committee. If anyone would like to see an area become a district, either county or city, should be told to the district committee. Mr. Oxian stated he'd like to hear from anyone besides himself or Mr. Duvall, Mr. Talley or Ms. Choitz who have been the only ones lately to suggest landmarks. 4. Office Space/Supplies and Furnishings: Mr. Talley spoke of the recarpeting in the storage room which we have a small part for ourselves. This has created a problem due to the fact that we have _stacks of county and city summary reports and inventory reports (and no place to put them) which are out dated, but a few could be used for historical records. Mr. Talley also reported that the Historic Preservation Commission received a phone call from the City of South Bend asking for our official wish list on two computers that will be networked with the Engineering department and Code Enforcement. Also, we gave our request to the county commissioners for two telephones with two lines, one which will be hooked up to a fax machine which was given to us by MACOG, which will be installed on the second line. Mr. Talley stated that we had excess office furniture and would like to see nicer office furniture installed. • Mr. Oxian asked Mr. Duvall if we ever get rid of the old county reports. Mr. Duvall said that we do occasionally. He stated that they are out dated and we have no real use for these books except for historical documentation. Ms. Choitz suggested asking around at the library, or the archives, or the state to see if anyone would have use for these books for their records. Mr. Oxian suggested that people in historic districts may have some use for them. Ms. Choitz suggested putting "obsolete" across the front of the books to alleviate any confusion. Mr. Talley asked Ms. DeRose about the procedure of getting rid of old office furniture and obsolete printers, etc. Ms. DeRose said that most non-profit organizations give their old stuff to other similar goal oriented non-profit organizations. Mr. Talley asked about selling old printers, etc. for parts. Ms. DeRose said she would have to check with the county auditor if they belong to the county. Mr. Duvall stated that every year MACOG does an inventory but he has never seen the county come around to inventory anything we have in our office. He felt the printers could be depreciated. Ms. DeRose, again, suggested checking with the county auditor. Mr. Oxian said that the computers were bought through a federal matching grant. He felt the printers were given to us from MACOG or possibly through the grants, he wasn't sure. Mr. Oxian suggested checking with the state board accountant before getting rid of anything. Mr. Talley stated that the phone man would be here in- the next week, plus we have computers coming and we need to move on getting the office in order. Ms. DeRose said the real question was whether we could sell our old equipment and if so, what account would the money go into. 5. HPC Account: Ms. Choitz spoke of having an account that we could put is money into. She first heard about this through the Alliance of Commissions. Ms. DeRose said she was surprised at that since it raised a tax question in her mind. Mr. Duvall stated that LaPorte and Elkhart have nonreverting line items where they can transfer income to the county, where as our funding retires at the end of the year. If we had a non -reverting account, we could deposit grant monies into that account. Ms. Choitz stated she had heard about this through Huntington people and through the people at Whitley county where Mr. Fine acts as staff through Historic Landmarks Foundation. Ms. Choitz noted that the money they raised would be put into this fund to buy things for the office. Mr. Talley stated that he and Mr. Oxian and Mr. Wiener had been working for the past two years on reorganizing commission financing. The county auditor now has officially directed the commissioners to put the Executive Committee of Historic Preservation Commission on a five year budget plan. We are one to two weeks away, both the city and county side, from "The Meeting", stated Mr. Talley. He went on to say that the phone call last Friday, regarding funding - for the commission budget asking for the wish list for the city controller to look at, was to see if we get half, seventy-five percent or all of what we asked for. Ms. Choitz said that she was told to ask for a non -reverting line item by the people who told her about the funding in Elkhart. Mr. Talley agreed but said that we are a line item by the county commissioners which is where the problem comes in. Ms. Choitz agreed that we are in the wrong category to begin with. Mr. Talley went on to say that the commission, for the past two years, has attempted to fund the commission like the building department, i.e., $25,000 from the city and $25,000 from the county with the establishment of nonreverting funds. Mr. Oxian stated that with two new commissioners, and with what has happened in the last months, has now convinced Mr. Nagy, and which is why he sent that letter to the county commissioners, that it is not proper for us to be a line item for the county and that we should be a separate entity. For all these years we could not get them to pull us out of the line item. Now, at last, • the point has finally gotten across. Mr. Oxian asked Mr. Duvall to speak with Mr. Nagy, the auditor, about what he has heard and what the other Preservation Commissions are doing regarding non -reverting funds, and to see if it would be possible for this commission to do something like that. The answer here will help us later with the original question of what to do with monies we might receive from items sold from the office. V. Old Business A. 1202 Lincolnway East Mr. Oxian stated that this would continue on as old business but we should be hearing something in the next month or two on this. Mr. Talley reported on the River Bend Pinhook park becoming a "catch and release" area rather than fly fishing which was discussed with the Chamber of Commerce. This would be in lieu of Leeper Park due to parking problems there. The Chamber of Commerce plans to work with Mr. Duvall on this in the near future. VI. New Business None VII. Hearing of Visitors None VIII. Announcements & Miscellaneous Matters None IX. Adjournment The meeting was adjourned at 8:.50 p.m. • MKV 3/21/97 Revised 4/29/97 MKV Da 0 4 1400 COUNTY-CIFY BUILDING SOUTH BIND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHENj.LUECKF, MAYOR DEPARTMENT OF LAW RICHARD A. NUSSBAUM,11 CITY ATrOR\EY Mr. Roland Kelly, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 No.NF 219/235-9241 FAx 219/235-9892 TDD 219/235-5567 ANNE E. BRUNEEL CHIEF ASSISTANT CITY ATTORNEY April 11, 1997 Re: Jennifer Lackman Appeal of Historic Preservation Denial of Certificate of Appropriateness Dear Mr. Kelly: Around 5:00 p.m. on Thursday, April 10, 1997 1 received an unexpected phone call from Don Porter of the South Bend Tribune asking for my views of Dr. Jennifer Lackman's appeal to the Common Council. I was completely unaware that an appeal had been filed and told him so. In checking with the president and director of the'Historic Preservation Commission (HPC) I learned that they, too, were unaware of this appeal. At the time of writing this letter, the HPC has yet to receive or review the appeal of Dr. Lackman. With this matter scheduled for the Council's next meeting, and in view of the fact that the Commission's action on Dr. Lackman's certificate of appropriateness occurred over a year ago, this letter is to request that at a minimum the matter of this appeal be postponed from its schedule on the Council's next agenda, so that the HPC may have a reasonable time to prepare a response. Moreover, the HPC believes that Dr. Lackman's appeal is untimely and should not be considered by the Council at all. I enclose the Rules and Regulations governing appeals which were adopted by the HPC in 1991 and which were part of the Preservation Plan of the HPC which was previously submitted to the Council. You will see that an appeal to the Common Council must be filed within thirty (30) days of the date the denial was issued. THOMAS L BOI)NAR ALADEANI,vI. DLHosi: 1Z0;1171,T C. PI)q1 NITI!-) Roland Kelly April 11, 1997 Page 2 According to my records, the denial of Dr. Lackman's certificate of appropriateness occurred at the HPC's meeting of March 18, 1996 and Dr. Lackman was notified of the denial on March 19 1996. Even if the HPC had no rules regarding timeliness of an appeal, Dr. Lackman's appeal has not been submitted within a reasonable time of the denial of her certificate of appropriateness. The HPC, of course, maintains that it carefully considered Dr. Lackman's application and that it properly applied the preservation standards for the East Wayne Street Local Historic District. However, the HPC needs additional time to prepare its formal response to Dr. Lackman's appeal should the Common Council believe that the appeal should proceed despite obvious untimeliness. Thank you for your consideration. C] AMD/pjh cc: John Oxian David Duvall Jennifer Lackman, w/enc. c:\1\4-11ke!-!y.1tr • Sincerely, Afadean M. DeRose Deputy City Attorney e VIII. Decisions of the Commission. A. The Co=,ission will inform an owner within 15 number of days of its decision. B. Applicants will be notified of the Commission's decision in written form. The notice will contain the date of the application, identity of the property, and a brief explanation of the reasons if the application is denied. C. Failure of the Commission to act within 45 days after receipt of a completed application shall constitute approval of the application. IX. APPEALS A. Applicants may appeal denial of a certification of appropriateness to the Common Council. B. An appeal must be made in writing within 30 days of the date the denial was issued, and the applicant must submit a copy of the appeal to the Historic Preservation Commission at its business office within 3 days of the appeal. An appeal to the Common Council must state With specificity why the Historic Preservation Commission's denial of the certificate of appropriateness was erroneous or illegal. X. Any work performed on a historical landmark or in a historic district which does not conform with the certificate of appropriateness issued on the project, will be halted before its completion by the Building commissioner. XI. A certificate of appropriateness concerns historic integrity only and shall not be construed as any warranty of the structure's engineering soundness or safety. JPM/TNT:cac-h 4 0 Istoric -14 • BILL NO. APC NO. ORDINANCE NO. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING TO AND MAKING CERTAIN REVISIONS TO THE ZONING ORDINANCE. The purpose of this ordinance is to amend Chapter 21 of the Municipal Code by adding new definitions, establishing new permitted uses and special exceptions in various zoning districts, revising the "A" Residential District, revising the Historic Preservation regulations, and revising to the sign regulations. The Common Council of the City of South Bend determines that it is necessary to make these changes in order to promote efficient and orderly land development in the City. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1. CHAPTER 21, ZONING, ARTICLE 1 GENERAL PROVISIONS, Section 21.1, Definitions, subsection (a)(46), be amended to read • as follows: (46) Reserved.- Family restaurant with louncte means anv familv restaurant which has on the premises an area constituting not more than twentv-five percent (250) of the floor suace from which minors are excluded. (4647)-(54) Reserved Section.2. CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT REGULATIONS, DIVISION 2, "A" RESIDENTIAL DISTRICT, Section 21-8(a) be amended as follow: (11) Residential facilities for the mentally ill or the developmentally disabled pursuant to Indiana Code. 16-13-21--11-5;-12---Hewever--a-residential-€aeility-€er-the develepmentally-disabled-er-mentally-}11-shall-ret-be-leeated within-three-tkeusand-437809}-€eet-a€-anetker-residential €aeility-€er-the-develepxnentally-disabled-er-mentally-}11;-as measured -between -let -fixes - (12) Day care or child care facilities pursuant to Indiana Code. 12-3-2-1276 40 Page 1 Section 3. CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT • REGULATIONS, DIVISION 7, "C" COMMERCIAL DISTRICT, Section 21-18(a) be amended by adding thereto the following: (lla) Barber and beautv shops. Section 4. CHAPTER 21, ZONING, ARTICLE 2 USE DISTRICT REGULATIONS, DIVISION 7, "C" COMMERCIAL DISTRICT, Section 21-18(d)(A) be amended as follows: (A) In the City of South Bend: (6) °B-Ill-Residential-Bistriet "O" Office Zoning District (7) llE-l°-Eemmereial -Limited-Use-Distriet "PHC" Professional/Health Care District (8) llE-2°-Planned-Shepping-Seater-Bistriet "B-1" Residential District (9) "BP" Business Park District (10) "C-1" Commercial. Limited Use District (11) "C-2" Planned Shounina Center District Section 5. CHAPTER 21, ZONING, ARTICLE 6 BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, Section 21-112, Exceptions in All Districts; be amended by adding the following: (8) Unless listed as a permitted use in a zonina district, transmission towers and public utilities. The Council may prescribe anv reasonable conditions to the special exception • necessary or desirable. Section 6. CHAPTER 21, ZONING, ARTICLE 6 BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, be amended by adding the following new section: Section 21-117.06, Exception in "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Districts. (al The followina exception may be permitted in the "C" Commercial. "D" Liaht Industrial. and "E" Heavv Industrial Districts: (1) Familv restaurant with lounae: A familv restaurant with lounge may be permitted in "C" Commercial. "D" Liaht Industrial. and "E" Heavv Industrial Districts without meetina the reauirements of Section 21-18(b) if the Council determines that the proposed use will not adverselv affect the public health. safetv or welfare, or be detrimental to adiacent properties or to the general neiahborhood. The Council may prescribe anv reasonable conditions to the special exception necessary or desirable to carry out the general nurnoses of this Chanter. • Page 2 • Section 7. CHAPTER 21, ZONING, ARTICLE 6.5 HISTORIC PRESERVATION COMMISSION, Section 21-117.2.(d), Powers and duties, be deleted in its entirety and replaced by the following section: (d) Survev, identifv, plan for and advise the Common Council and the Area Plan Commission concerninq the establishment of Historic Preservation Districts. Survev, identifvt plan for and advise the Common Council concerning the designation of historic landmarks. The Historic Preservation Commission shall recommend the desianation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural sianificance. educational value and suitabilitv for preservation. Historic landmarks shall be desianated and Historic Preservation Districts shall be established by the Common Council throuah the passaae of an ordinance. Said ordinance shall be initiated in the usual manner: By the Common Council; by a petition of the owners of fiftv (50) percent or more of the subject area: or by the Area Plan Commission. If anv proposed ordinance is introduced to the Common Council for the nuroose of creatina a new Historic Preservation District. or renealina, alterina. or modifvina an established Historic Preservation District, then prior to referral to the Area Plan Commission, the proposed ordinance shall be referred bv_ the Common Council to the Historic Preservation Commission which shall hold a public hearina within ninetv (90) days of the referral, unless such public hearing was conducted by the Historic Preservation Commission prior to introduction of the • proposed ordinance which shall satisfv this reauirement of a public hearina. The public hearing before the Historic Preservation Commission shall be for the purpose of hearing comments on the proposed ordinance and for the purpose of delivering either a favorable or unfavorable recommendation to the Common Council. Notice of such hearina shall be aiven to all owners of property in the affected Historic Preservation District. Failure of the Historic Preservation Commission to deliver a recommendation within ninetv (90) days followina referral by the Common Council shall be considered a favorable recommendation. If anv proposed ordinance is introduced to the Common Council for the purnose of creatina a new historic landmark. or renealina. alterina. or modifvina an established historic landmark, then prior to the Common Council's public hearing, the proposed ordinance shall be referred by the Common Council to the Historic Preservation Commission which shall hold a public hearina within ninetv (90) days of the referral, unless such public hearina was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfv this requirement of a public hearing. The public hearina before the Historic Preservation Commission shall be for the purpose of hearina comments on the proposed ordinance and for the purpose of deliverina either a favorable or unfavorable recommendation to the Common Council. Notice of such hearing shall be aiven to all owners of the affected historic landmark. Failure of the Historic Preservation Commission to deliver a recommendation within ninetv (90) days followina referral by the 40 Page 3 o . r • Common Council shall be considered a favorable recommendation. Section 8. CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS, Section 21-170, (7) "HP Historic Preservation District (Permitted Signs) be deleted in it's entirety. Section 9. CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS, Section 21-169, General Provisions, Subsections (c) (6) be amended as follows: (6) Freestanding signs in the "A". "B". "C" and "D" Heiaht and Area Districts located within twenty-five (25) feet of the pavement edge shall have a maximum height of three (3) feet, or have a minimum clearance of ten (10) feet between the grade and the lowest point of the sign, except that for purposes of this provision, decorative pole covers shall not be considered to be part of the sign. Section 10. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication as required by law. • Member, Common Council • Page 4 from: David B. Duvall Historic Preservation Commission of South Bend & St. Joseph County 1123 County -City Building South Bend, Indiana 46601 to: HPC Members Aladean DeRose - Counsel to HPC re: Packet for May meeting of HPC In addition to the regular materials, please find the enclosed final draft of a response to the tribune's coverage of the Lackman fence issue. Revised minutes from the March meeting are enclosed as well as the April minutes. You may recall that the March minutes were tabled for editing before approval. Please read the April minutes with attention to deletions. Due to taping problems much of these minutes were assembled from memory and some salient points may have been omitted. DBD 5/14/97 11 0 A d9ft' WAYNE STREET`1 April 13, 1997-_iwia: jdIrq�:��•�.����4�r Mayor Steve Luecke City of South Bend County/City Building South Bend, Indiana 46601 Dear Mayor Luecke: I am writing on behalf of the East Wayne Street Historic District to communicate our distress with the manner in which street light equipment and maintenance is supported in this area. Neighborhood safety and aesthetics are clearly factors which impact the life quality available to all of us living here. It would appear that whoever is responsible for maintaining our street lights does not feel the same way. The condition of our street lights, the conglomeration of street light types and equipment, the frequent street light outages, and the lengthy repair response times are evidence of this lack of concern. The issues our historic district liaison committee would like and expect to be addressed are as follows: 1. Routine inspection of and repair of street light outages. (As of this writing there are six light fixture outages on East Wayne between Eddy and Greenlawn.) 2. Timely repair of street light outages when reported. (I have been reporting the above mentioned outages to AEP for the last two months.) 3. Increased illumination of street lighting system. 4. Installation of equipment that is historically appropriate and consistent throughout the district. We realize that American Electric Power has a role to play in this process but because the City of South Bend is our, the citizens, agent in dealing with AEP we are communicating directly and first with you. We see ourselves as a customer in this whole transaction, a customer whose requirements are not being satisfied. Your attention to this matter is greatly appreciated. If there is anything more you need from us to pursue this matter further please let us know. Sincerely, Mark W. Chambers 1327 East Wayne North South Bend, Indiana 46615 287-5369 Ce: Historic Preservation Commission American Electric Power Roland Kelly 0