HomeMy WebLinkAbout1312 East Wayne Street South_AA 2026-0806Sarah Andrews,
President
HISTORIC
PRESERVATION
COMMISSION
OF
SOUTH BEND
AND
ST. JOSEPH
COUNTY
CERTIFICATE
OF
APPROPRIATENESS
The Historic Preservation Commission of South Bend and St.
Joseph County has approved the following work:
Remove existing chain link fence and replace with a 6 foot high
shadowbox style wood fence along the east and south property
lines.
SMITH AND COMPANY CUSTOM FENCE LLC, Contractor
for the following location:
1312 WAYNE ST
South Bend, IN, 46615
East Wayne Street
Application No. 2026-0806
in the County of St. Joseph; State of Indiana; which is:
Located in a Local Historic District
A Local Historic Landmark
and found this application to be appropriate according to the Standards
pertaining to Local Historic Landmarks and/or Local Historic Districts.
Regulations pertaining to the Historic Preservation Commission are
found in Chapter 21 (Zoning), South Bend Municipal Code and Chapter
26 of the St. Joseph County Code.
The issuance of this certificate does NOT in any manner, release
the recipient from the responsibility of complying with the requirements
of the zoning ordinances, building codes, safety codes, ADA or other
requirements of the City of South Bend, the County of St. Joseph, the
State of Indiana, or the United States Federal Government.
This certificate is good for one year from the date of issuance and
is effective from the date entered herein. Plans are on file and open for
public inspection at the office of the Historic Preservation Commission of
South Bend and St. Joseph County, 227 West Jefferson Blvd., Suite 1400
S, South Bend, Indiana, during normal business hours.
THIS CERTIFICATE IS NOT TRANSFERABLE
NAME OF APPLICANT:Joseph and Kathleen Simeri
CERTIFICATE ISSUED BY:
Ross Van Overberghe
Historic Preservation Administrator
POST IN A CONSPICUOUS PLACE ON THE STREET SIDE
OF THE PROJECT UNTIL COMPLETION OF ALL WORK.
Phone: (574) 235-9371
E-mail: SBSJCHPC@southbendin.gov
ROSS VAN OVERBERGHE
Historic Preservation
Administrator
8/11/2026DATE CERTIFICATE
TAKES FORCE:8/11/2027DATE CERTIFICATE
EXPIRES:
Ord No. 7796-87
East Wayne Street
ADMINISTRATIVE APPROVAL
Wednesday, August 5, 2026
Application for Certificate of
Appropriateness
Important Information Regarding this Request
REQUIRED DOCUMENTATION AND SITE PLANS
The Historic Preservation Commission of South Bend and St. Joseph County cannot process an Application
without required documentation. Comprehensive documentation provides a complete understanding of the
project. Problems often occur during a project review or during the execution of the project when the
property owner, staff or commissioners are unclear as to project specifics. Applications will NOT be
processed without required documentation.
Photographs may be submitted in digital format or in photographic print. When a project involves
blueprints and/or site plans, one (1) set shall be submitted with the Application. Any documentation
submitted to this office cannot be returned to the applicant.
APPLICATION FEE
The application processing fee for any Application for a Certificate Of Appropriateness is $20
Payment must accompany the application at the time of submission. For an electronically submitted
application, payment must reach the HPC office within 48 hours following transmission. Payment can be
made by credit card by contacting
Business License Administrator Michelle Adams at (574) 235-5912; by cash in person in the Department of
Community Investment on the 14th floor of the County City Building; or by check made out to City of
South Bend. Applications will NOT be processed without the required fee.
MEETING ATTENDANCE
When an Application has been scheduled for any meeting, the owner, architect or contractor(s) retained for
the project shall attend the meeting where their project will be reviewed and a decision rendered. Failure by
the owner, architect, or contractor to attend such meetings may result in denial of the Application due to
insufficient representation.
CERTIFICATE ISSUANCE
Certificates of Appropriateness will be filed with the Building Department of South Bend and St. Joseph
County. A copy of the Certificate will be emailed directly to the owner and/or contractor(s) listed on the
application.
INSPECTION AUTHORITY
All projects will be inspected during and following execution for compliance with the decision(s) rendered
by the Historic Preservation Commission of South Bend and St. Joseph County.
1
Owner acknowledges that while the Historic Preservation Commission only considers Certificates of
Appropriateness for exterior features, under certain circumstances it may be necessary for the Commission
Staff to have access to the interior of the building in order to accurately assess the condition of the exterior
feature and that the lack of access to the interior may prevent the Commission Staff from making a
favorable recommendation.
Any work performed on a historic landmark or in an historic district which does not conform to the
Certificate of Appropriateness certificate shall be immediately halted by the Historic Preservation
Commission and the Building Department of South Bend and St. Joseph County. Fines may be levied for
projects not in compliance.
I read and understand the information
above:Yes, Continue
Date Wednesday, August 5, 2026
2
Proper ty Information
Property Address for Proposed Work:1312 e wayne street
Property City South bend
Property Zip Code 46615
Property Owner Information:Kate simeri
Owner Email
Proposed Work and Project Information
All projects must comply with applicable building and zoning codes.
South Bend Zoning Ordinance St. Joseph County Zoning Ordinance
Does your project involve any of the
following? (Check all that apply):Fences, Landscaping
Contractor Information Smith and company custom fence LLC Fence Jesse Smith
Contractor Phone Number (269) 591-0380
Contractor Email Smithandco.fence@gmail.com
Description of Proposed Work:
Remove existing old chainlink fence and install 155' LF of 6' tall treated shoado-box semi privacy fence
with decorative top cap and trim.
Specification of Material via
Manufacture Brochure:
45.66 KB
3
903.41 KB
File Upload
Site Plans, Aerial Views, and/or Blueprints: One (1) set shall be submitted with the Application.
Uploaded documentation must show existing property lines, buildings, structures, and proposed project
location(s). Hand Drawn Plans/Elevations are ok
Photographs to include: each area affected by project, close up detail of project areas.
Windows, Siding, and/or Door projects must include photographs of each window/door/siding affected
by the project and detailed close up of condition
Applications will not be processed if the required photographs and/or documentation are not
included.
Any documentation submitted to this office cannot be returned to the applicant.
Project Type - List:Fences, Landscaping
Site Plan or Aerial View of Proposed
Project Location(s):
4
Quote/Evaluation(s) by Repair Professional (Optional):
PDF Estimate 2024673.pdf
Photographs:
903.41 KB
849.56 KB
Payment
Invoice ID # INV-000270
Payment Method Pay via Card or PayPal
5
City of South Bend
and St. JoSeph County
HISTORIC PRESERVATION COMMISSION
Sarah Andrews
President
A Certified Local Government of the National Park Service
www.southbendin.gov/hpc
Ross Van Overberghe
Historic Preservation
Administrator
227 West Jefferson Blvd., Suite 1400S | Ph: 574-235-9371 | Fx: 574-235-9021 | hpcsbsjc@southbendin.gov
Certificate of Appropriateness Contractor Release Form
If you are a contractor, sales representative, or ofÏce manager for a construction company and wish to apply for a Certificate
of Appropriateness (COA) on behalf of a homeowner, please complete this form and attach it to the online application for a
Certificate of Appropriateness. This process ensures smooth communication between Staff, contractors, and homeowners.
I, the property owner(s), grant the below-mentioned contractor or company permission
to submit this application for a Certificate of Appropriateness on my behalf. I certify that
I understand and am aware of all the proposed works included on this application.
Property Address for Proposed Work
Street Number Street Name
City Zip Code
Primary Property Owner(s)
Name Phone # Primary E-mail
Date
Contractor Applying for COA
Company
Name Phone # E-mail
Signature Date
1312 E E wayne S
south bend 46615
Kate Simeri
Smith and company custom fence LLC
Jesse Smith 269-591-0380 Smithandco.fence@gmail.com
08-05-2026
Verified by pdfFiller
08/05/2026
Docusign Envelope ID: 7B20B2AA-AFEC-87C6-8032-6A72C2429C99
08-05-2026
Page 1 of 6
ESTIMATE
Prepared For
Kate Simeri
1312 E. Wayne St. South
South Bend, IN 46615
(
Smith And Company Custom Fence LLC
138 Owens Street
Niles, Mic higan 49120
Phone: (269) 591-0380
Email: smithandco.fence@gmail.com
Web: smithc ustomfence.c om
Estimate #2024673
Date 05/28/2026
Descripti on Total
155' LF-6' Treated shadowbox wood semi-privacy fence with top c ap and trim $6,076.00
- Material and labor
- Posts master steel posts
- Treated lumber, 2×4" rails, 5.5"×6' dog-ear pickets and galvinized hardware, 2'x4" cap with
1'x4" trim board
- All posts set to meet or exceed ASTM building standards
155' LF Removal and haul away of exi sting fence $1,000.75
6'x4' Single swi ng wood gate $690.00
-Materials and labor
-Cedar gate frame
-Standard hardware (black)
Permi t fee $0.00
Page 2 of 6
Scan to Pay Online
Subtotal $7,766.75
Total $7,766.75
Payment Schedul e
Deposit (50%)$3,883.38
1st Payment at completion (50%)$3,883.37
Notes:
-Keep hinges and hardware from back gate (use on new gate)
-Keep hooks from old fence used for hanging plants from fence (us e on new fenc e)
Page 3 of 6
Page 4 of 6
Terms and Conditions of Sal e
Thes e Terms and Conditions of Sal e are made a part of and incorporated by referenc e into the
agreement for construction servi ces entered into by and between the Owner and Contrac tor
identified at the close of this doc ument (the parties’ agreement is hereinafter “the Agreement”).
1. Work. Contractor shall furni sh, deliver, and pay for all labor, equipment, servi ces and
materi al s necessary to perform the work reasonably descri bed and depicted in Contractor’s
written quotati on for services presented to Owner (“the Quote”) whi ch i s herei nafter referred to
as “the Work”.
2. Amount. For the performance and completi on of the Work, Owner agrees to pay
Contractor the amount stated in the Quote (“Contract Amount”) as fol lows: One-half (unless
expressed inc rese or decrease due to materi al costs, labor needs, clearance sales ect.) of
Contract Amount payable upon exec ution and balance due upon completion. Interest is payabl e
on unpaid amounts accruing at the rate of 2.5% per month (30% per annum).
3. Changed or Additi onal Work. Owner agrees to pay Contractor all costs associated with any
additional or changed work, whether expressly ordered by Owner or c onstructively required by
work site conditi ons or Owner’s fail ure to fulfill any obligati ons hereunder, plus 15%. The
Contract Amount assumes Contractor can perform all excavations by hand wi thout ei ther
subs urface obstruc ti on or power equipment. If Contractor encounters subsurface condi tions
such as l arge rocks, boulders, foundations or other conditions requiring jackhammers or other
extraordinary excavation efforts, the amount payabl e hereunder shall be increased
commensurately. The Contract Amount is further based on materi al prices as of the date of the
Agreement. Material price inc reases of 10% or more fol lowing exec ution of the Agreement s hall
be considered a changed condi tion as herein desc ribed. In the event of additional or changed
work, Contractor and Owner will exec ute a written modific ation i ndicati ng the costs res ulti ng
from such additi onal or changed work.
4. Owner’s Duties. Owner shall clear al l personal property and otherwise make the area
surrounding the Work accessible by Contractor so that Contractor’s Work i s not impeded in any
respect incl udi ng, but not li mited to, providing adequate space for on-s ite storage of materi al s
and equi pment. If required due to the unique c haracteris ti cs of Owner’s property or the Work,
Owner shall secure permission for ingres s and egress from adjac ent landowner(s). Prior to the
time that Contractor begi ns its work, Owner shall locate and mark, with flags and/or spray paint,
the boundaries and rights of Owner’s property including all appl icable easements. Prior to the
time that Contractor begi ns its work, Owner shall locate and mark, with flags and/or spray paint,
all private underground utili ti es or pers onal property including, but not limi ted to, irrigation
systems, pri vate extens ions of electric and phone lines, water l ines, i nvisible fencing wi res,
and/or anything not otherwise located by public utility services. Owner’s fai lure to fulfill these
obli gati ons can result i n del ay. Owner shall indemnify and hold Contractor harmless from and
against all cl ai ms and damages, including attorney fees, resulting in whole or i n part from
inadequate access, any omitted marking or otherwise inc orrect marki ng of utiliti es , and/or any
omitted marking or otherwise incorrec t marking of property rights.
Page 5 of 6
5. Clean up. Contractor shall remove all constructi on trash, waste and debris created by or
arisi ng out of the Work. Dirt, rocks and lawn damage due to wet or natural conditions shal l be
Owner’s res pons ibil ity.
6. Warranty. Contractor warrants the Work (workmanshi p not materials) by and through its
written Li mited Warranty of lifetime workmanshi p which i s i ncorporated by reference and made
a part hereof as Exhi bit A.
7. Safety. Contractor shall cause its Work to c omply with al l s afety measures, polic ies, and
standards required or rec ommended by governmental or quasi-governmental authorities havi ng
jurisdiction over the Work. The foregoi ng notwiths tanding, Contractor is an i nvitee on Owner’s
property and Owner shall have the sole respons ibility to make i ts property fit for Contractor to
enter and perform the Work.
8. N otice of Lien Rights . Owner understands that as a part of the Work hereunder, Contractor
will furni sh supervision, l abor, equipment and/or materi als in furtherance of improvements to
Owner’s real property and, as a res ult, the l aw confers certain rights to Contractor regarding
Owner’s real property by way of mec hanic s l iens shoul d Owner fail to pay Contractor al l
amounts due for Work hereunder.
9. Indemnity. Owner s hall save, defend, i ndemnify and hold Contractor harmless from and
against any and all cos ts, losses, expenses, claims and damages, including attorney fees, caused
in whole or i n part by the negl igent acts or omissions of the Owner (or any of its agents or
representatives) resulting in bodil y i nj ury or death to pers ons, or damages to or destruction of
property. Owner shall not be obligated to i ndemni fy or defend Contractor for claims found to be
due to Contrac tor’s sol e negligence or willful mis conduct.
10. Insurance. Contractor shall purchase and maintain insuranc e that wi ll protect Owner from
claims ari sing out of the Work including but not necessaril y l imi ted to liabil ity insurance, and, as
applicable, worker’s compensati on insurance. Owner shall purchase and maintain suc h liabil ity
ins urance to protect Contractor from cl ai ms whi ch may arise from the performanc e of Owner’s
obli gati ons under this Agreement or Owner’s c onduc t during the course of the Work.
11. Ti me. Work will proceed on a first come, first serve bas is. It is expected that the Work will
commence within 90 days of the execution of the Agreement, work l oad depending, and
completed within 90 business days thereafter. The Contrac t Pri ce assumes Contractor wi ll be
able to compl ete the Work without i nterruption. If any fai lure of Owner hereunder causes
interruption necessi tati ng Contrac tor’s de-mobi lization and re-mobil izati on, delays will result and
Owner shall be res pons ible for all resulting costs .
12. No assignment. Owner may not assign i ts agreement with Contractor, in whole or part,
without Contractor’s pri or wri tten consent.
13. Choi ce of Law. This Agreement s hal l be construed, enforced, and performed in accordance
with the l aws of the State of Indiana and Michi gan.
Page 6 of 6
14. Termination. This Agreement may be termi nated by Contractor in the event of any of the
following: (a) Owner fai ls to make any payment hereunder; or (b) Owner fails to ful fill any
obli gati on hereunder. In the event of termination, Contractor is enti tled to all costs incurred up
to the time of terminati on incl uding any de-mobilization, equi pment charges, re-stocki ng fees,
and, if applicable, material charges for speciall y manufactured goods . Contrac tor delivers
materi al to Owner in anti cipati on of payment. If Owner fails to make any payment requi red by
this Agreement, Contractor shall have the right to remove all materials from the Si te previousl y
delivered regardl es s of whether the material has been i nstalled or modified in any respect. In
addition to the foregoing, Contractor shal l have the ri ght to termi nate thi s Agreement wi thout
cause and without prior notice to Owner. In the event of a termi nation without c ause by
Contractor, Owner shall have no further obli gations to Contractor.
15. Dis pute Resolution. Any claim, dispute or other matter in question between Owner and
Contractor shall be resol ved through arbitration before a singl e arbitrator in accordance with the
Constructi on Industry Arbitration Rules of the American Arbitration Association then i n effec t.
The award of the arbitrator shall be final and binding upon the parties wi thout the right of
appeal to the courts. Judgment may be entered upon it i n accordanc e wi th applicabl e law by any
court having jurisdiction thereof. The foregoi ng notwiths tanding, Contractor shal l have the right
to enforce any mec hanics lien or seek required injunctive reli ef in a Court of competent
jurisdiction without waiving this agreement to arbitrate. Shoul d court intervention be required
to enforce this agreement to arbitrate, the prevaili ng party shall rec over al l attorney fees incurred
in the process of enforc ing such agreement.
16. Jointly Drafted. The parties expressl y agree that thi s Agreement was jointly drafted, and that
they both had opportunity to negotiate its terms and to obtain the as sis tance of counsel in
reviewing its terms pri or to execution. Therefore, thi s Agreement shall be construed neither
against nor i n favor of either party, but shall be construed i n a neutral manner.
17. Entire Agreement. These Terms and Conditi ons and the Quote form the compl ete and full
agreement between the parties and there exist no other agreements or understandings, whether
verbal or written.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal s,
Si gned on: 08/05/2026
Smi th Custom Fence
Si gned on: 08/05/2026
Kate Simeri