HomeMy WebLinkAboutResolution 2020-01_Reaffirming a Motion to Declassify a LandmarkRESOLUTION NO. 01-2020
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA
REAFFIRMING A PREVIOUS UNANIMOUSLY APPROVED MOTION TO
DECLASSIFY PROPERTY AS A LOCAL HISTORIC LANDMARK AND PROVIDING
A FAVORABLE RECOMMENDATION WITH REGARD TO BILL NO. 36-20 OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County,
Indiana (the "Commission") operates pursuant to Article 13 of Chapter 21 of the South Bend
Municipal Code, as may be amended from time to time, Title XV, Chapter 154, §§ 154.245-
154.263 of the St. Joseph County Code of Ordinances, as may be amended from time to time
(together, the "Ordinances"), and the terms of the Interlocal Agreement between the City of South
Bend and St. Joseph County dated December 12, 2017, as the same may be amended from time to
time; and
WHEREAS, per the Ordinances, the Commission's purpose is to preserve buildings, other
structures, and sites of historical, architectural, engineering, and cultural significance within the
City of South Bend, Indiana (the "City") and St. Joseph County (the "County"); and
WHEREAS, the Commission fulfills its purpose, in part, by advising the City's Common
Council (the "Common Council") or the County Council concerning the designation of local
historic landmarks; and
WHEREAS, in 1978, pursuant to Ordinance # 127-78, the County Council designated a
property located at 60649 Hickory Road (the "Property") a local historic landmark; and
WHEREAS, the City annexed the Property in 1989, pursuant to Common Council
Ordinance No. 7991-89, and, subsequent to the annexation, the Property received Certificates of
Appropriateness ("COA") issued by the Commission; and
WHEREAS, the current owners of the Property (the "Owners") applied for and were denied
a COA by the Commission on November 12, 2019 for the removal and replacement of siding; and
WHEREAS, the Owners filed a Notice of Appeal of the Commission's decision on January
7, 2020 (the "Appeal"); however, the Common Council's hearing of the Appeal has been postponed
since March 9, 2020 through no fault of the Common Council or of the Commission; and
WHEREAS, the attorneys for the Owner and the Commission discussed an amicable
solution, proffered by the Owners in their prayer for relief from the Common Council, in the form
of the repeal of Ordinance # 127-78, which designated the Property as an historic landmark; and
WHEREAS, at its July 20, 2020 meeting, the attorney for the Commission advised the
Commission regarding the amicable solution, and the Commission moved and unanimously
approved a motion not to oppose the repeal of Ordinance # 127-78 by the Common Council; and
WHEREAS, subsequent to the July and August meetings of the Commission, the Owners
submitted a proposed ordinance repealing Ordinance #127-78 for a first reading at the Common
Council's August 24, 2020 meeting as Bill No. 36-20 (the "Proposed Ordinance"); and
WHEREAS, pursuant to Section 21-12.04(b)(4)(D) of the South Bend Municipal Code,
when an ordinance is presented that seeks to repeal an established historic landmark, prior to the
Common Council's public hearing, the proposed ordinance is to be referred to the Commission for
a public hearing and a recommendation; and
WHEREAS, the Commission held a public hearing on the Proposed Ordinance at its
September 21, 2020 meeting as Item III.c. thereof, which was attended by -5— members of the
public, of which -A-- commented in favor of the Proposed Ordinance and _j9 individuals
commented against the Proposed Ordinance after it was read; and
WHEREAS, after the public's opportunity to comment during the hearing, the Commission
read again the following motion, which passed unanimously at its July 20, 2020 meeting:
Commissioner Andrews made a motion that the Historic Preservation Commission is in
support of the Council de -designating 60649 Hickory Road as a Local Landmark. Seconded
by Commission Brazinsky.
Eight in favor, none opposed.
Vote: 8 — 0. The motion to voice support for de -designating 60649 Hickory Road passes.
NOW, THEREFORE, BE IT RESOLVED by the Commission as follows:
1. The Commission hereby reaffirms its support of and provides a favorable
recommendation to the Common Council for the Proposed Ordinance.
2. This Resolution shall take effect immediately upon its adoption by the Commission.
ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St.
Joseph County, Indiana, held on September 21, 2020, at County -City Building, 4th Floor, 227 W.
Jefferson Blvd., South Bend, Indiana 46601.
HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
Mi tele Gel an, Pre ident ATTEST:
Sarah Andrews, Secretary
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