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Home My WebLink AboutAmending Chapter 21, Article 6.5.~ •. ORDINANCE No. aaa, sa Passed by the Common Council of the City of South Bend, Indiana February g, 19 98 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council February 10, 19 98 Ciry Clerk Approved and signed by me February 10, 19 98 Mayor ~~~~ ORDINANCE N0. ~1 yU~~~U AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT ---------------------------------------------------------------- The existing Ordinance requires the Historic Preservation Commission (HPC) to act within thirty (30) days following receipt of a certificate of appropriateness; its failure to act within forty-five (45) days of such receipt constitutes approval of a certificate of appropriateness. This time frame is unrealistic because the HPC can receive a certificate of appropriateness the day after its monthly meeting, and the next meeting may occur more than thirty (30) days later. This causes inconvenience to both owner and the HPC because special committee meetings are then required on short notice. Moreover, the HPC frequently receives insufficient information with an application for a certificate of appropriateness, necessarily requiring a delay in evaluating a project from the best perspective of a property owner. The proposed Amendment will cure these problems by extending deadlines by fifteen (15) days, thus assuring to property owners the fullest, fairest consideration of a proposed project within a reasonably prompt time frame. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 21, Article 6.5, Section 21-117.2(e)(5) shall be amended to read as follows: (5) The Historic Preservation Commission shall consider the application within ~rr~t~-(3-~r forty-five (45) days following its receipt of the application for a certificate of appropriateness, and shall either (a) Issue a certificate of appropriateness stating that the proposed construction, reconstruction, alteration, demolition, or moving is in conformance with the provisions of this article and authorize the Building Commissioner to issue a building permit, demolition permit, sign permit or moving permit if required; or (b) Deny the application, stating in writing the reason(s) for such denial. Upon such denial, the applicant may appeal said denial to the Common Council which shall make a final determination of the application. Failure of the Historic Preservation Commission to take such action within sixty (60) days after receipt of the application by the Commission shall constitute approval of the application. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and publication of any required notice. ~<~~~- Member of the Common Council 1st P,EADiNG ~/ -~ ~ ,,,~, FIJBLIC H_AP,ING ~ _ % - ~ ~/ 3 rd READING ~ _ c, _ i'~itJT APPF,OVED eFERRED EWa 0 U. 1 9 197 LQAETTA J. QUD.$ CJTY CLEFIl:F ~O. D~I~D, I~ d. COMNIITEE REPORT TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 121-97 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been.recommended to the Council favorably. John Broden Chairman South Bend and St. Joseph Country HISTORIC PRESERVATION COMMISSION Room 1123, County-City Building South Bend, IN 46601 (219)235-9798 Fax (219)235-9598 John Oxian, President David Duvall, Director Common Council of the City of South Bend C/0 Ms. Loretta Duda, Clerk of the City of South Bend 4th Floor County-City Building South Bend, Indiana 46601 November l9, 1997 Honorable Council Members, Please find attached a proposed amendment to the City of South Bend's Zoning Ordinance. The purpose of the amendment is to extend by 15 days the requirements for action by the Historic Preservation Commission regarding applications for Certificates of Appropriateness for construction and alteration at Local Landmarks and in Local Historic Districts as required by the municipal Code. As described in the statement of purpose and intent, this amendment revises the code to reflect the realities of a review body which meets on a monthly basis to assure the most convivial execution of the commission's responsibilities with regard to the applicant's interests. Mr. Oxian, the president of the commission presented this proposal to the Zoning and Annexation Committee of the council at its meeting of November 10, and finding a favorable reception, has had the attached ordinance drafted by the City Legal Department. Yours truly, i David B. Duvall, Director Fllet~ Ire C1~~'~a'~ ~ff~CB ~10~ 1 9 1997 LORE7TQJ. DUi7tc CITY CLi+RIt, S0. EIEHD, IH. cc: John Oxian - President, HPC John Borkowski Martha Choitz COMMISSIONERS Adrian Fine Catherine Hostetler Janeanne Petrass J. Edward Talley Deny Weiner .sn • ~ ~ Area Plan Commission of St. Joseph County ~ _ 1140 County-City Building ,= 227 West Jefferson B{vd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 January 21, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 BILL ~ l~1-97 RE: A proposed ordinance initiated by the Common Council of the City of South Bend amending Article 6.5 of Chapter 21 of the Municipal Code of the City of South Bend to extend the length of time the Historic Preservation Commission has for action on applications for certificate of appropriateness - APC #1810-97 Dear Council Members: The above referenced ordinance of Common Council of the City of South Bend was legally advertised The Area Plan Commission at its public hearing on January 20, 1998, took the following action: Upon a motion by Carl Littrell, being seconded by Randall Matthys and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Hend amending Article 6.5 of Chapter 21 of the Municipal Code of the City of South Bend to extend the length of time the Historic Preservation Commission has for action on applications for certificate of appropriateness is sent to the ,- Common Council with a favorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Flan Commission's Staff Report. Sincerely, ~~ Robert W. Sante RWS:~r Attachment ~.. _ . _....,...-,..~._..~._.a_~R. n Ji~~~ 2 i 1993 Cd'r' Ct.'., , ~J.~.= _.:?, t';. Serving South Bend, Lakeville, New Carlisle, North liberty, Osceola, Roseland and St. Joseph County, Indiana ... t, ",, L .t r STAFF REPORT January 12, 1998 Common Council of the Citv of South Bend 1810-97 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated text amendment which amends Article 6.5 of Chapter 21 of the City of South Bend Municipal Code. The proposed amendment will extend the deadlines for approving or denying applications by the Historic Preservation Commission for a certificate of appropriateness from 30 days to 45 days. PRELIMINARY STAFF RECOMMENDATION: Based on the information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation.