HomeMy WebLinkAboutEXHIBIT N- DENIAL of COA BY HPC
MICHELE GELFMAN
PRESIDENT
A CERTIFIED LOCAL GOVERNMENT
OF THE NATIONAL PARK SERVICE
ADAM TOERING
HISTORIC PRESERVATION ADMINISTRATOR
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
1400S County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p 574.235.9371 | f 574.235.9201 | southbendin.gov
April 13, 2022
Johannes Goransson
628 Park Ave
South Bend, IN 46616
Dear Mr. Goransson
The Commissioners, at the special meeting of the Historic Preservation Commission on April 11, 2022,
denied approval of Certificate of Appropriateness application #2022-0223, which included the following
application items:
“As part of an urgent, extensive lead abasement project, Greentree has determined that at the time
of the walk through and based on the inspection report from St. Joseph County, replacement is the
best option for the windows because there are small children residing in the home (a 3yo with
elevated lead levels and the window jambs are deteriorated which are friction impact surfaces.
Replacement is the most cost effective as well. You cannot use encapsulation on friction impact
surfaces. It is not an option. Replacement is an option and/or removing window, taking them off site
and chemically stripping the pain, then replacing the windows, painting or staining them. But
because of the age of the windows, we do not know if there are any broken pieces or what condition
they will be in taking them out to strip.”
In making its determination, the Historic Preservation Commission considered the appropriateness of the
proposed construction, reconstruction, or alteration to the preservation of the historic
landmark, specifically, and/or the Historic Preservation District, generally; the detriment to the public
welfare if the proposed construction, reconstruction, or alteration were permitted even though it is not
deemed appropriate; and the potential hardship that the denial of a certificate of appropriateness would
cause the applicant.
Following is the record from the meeting concerning your project stating why your application was denied:
Commissioner Stalheim made a motion to deny COA#2022-0223. Seconded by
Commissioner Ponder.
Seven in favor, one opposed.
Vote: 7 – 1. Motion to deny COA #2022-0223 is passed.
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Commission President Gelfman clarified that, in motions for denial, Commissioners are
required to state their reasons for denial. Roll was called.
Commissioner Hertel (AYE): I vote to deny the application on the grounds that has been
stated that there are other ways and methods that could occur, and this house is rated as
outstanding.
Commissioner Brazinsky (AYE): I vote aye for same exact reasons.
Commissioner Andrews (AYE): That makes three of us, I don’t feel like the homeowner
has been able to explore all the potential options laid in front of him because he’s been so
focused on GreenTree and that has kind of clouded his judgement. I am concerned that his
that his child has lead poisoning, this is not the outcome that any of us want but this is what
we have been tasked with to do based on the standards and guidelines.
Commissioner Stalheim (AYE): I vote to deny on the grounds that there are other ways to
acquire lead remediation. Technically, the house will still have lead in it, it is just
encapsulated and it will be an issue later on down the road. This could set a dangerous
precedent for historic properties with replacing windows on the basis of lead paint.
Commissioner Downs-Krostenko (AYE): I also voted to deny for the reasons stated during
the discussion. During the course of this meeting the discussion is made clear why we have
voted the way that we have.
Commissioner Tiffany (AYE): I vote aye because there are other options but in the
wellbeing of the child I would like to help with a list of other options.
Commissioner Wyncott (NAY):
Commissioner Gelfman (AYE): I vote aye for the reasons stated from everyone else on the
commission, the standards and guidelines and there are other options that can be addressed
with this issue.
Certificate of Appropriateness #2022-0223 is denied.
The Historic Preservation Commission supports the remediation of Lead Based Paints (“LBP”) on locally
designated structures. Per the Environmental Protection Agency (“EPA”), Lead abatement can be executed
in four ways: encapsulation, enclosure, paint removal, and/or replacement. The application before the
Commission was for replacement of six windows; the Commission denied that application. Encapsulation,
enclosure, or paint removal projects for the “LBP” on these six windows should be considered. No additional
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approval or Certificate of Appropriateness from the Historic Preservation Commission would be required for
encapsulation, enclosure, or paint removal projects.
Pursuant to South Bend Municipal Code Section 21-13-02(e)(5)(B), an applicant may appeal a denial of a
Certificate of Appropriateness by the Historic Preservation Commission to the Common Council, which shall
make a final determination of the application.
The Historic Preservation Commission remains committed to preserving the built environment of the City of
South Bend and unincorporated St. Joseph County.
Please contact this office for assistance, questions, or concerns.
Sincerely,
Adam Toering
Historic Preservation Administrator
atoering@southbendin.gov
CC
Greentree, Incorporated
St. Joseph County Health Department