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HPC COA Application 2016-0809
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HPC COA Application 2016-0809
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4/26/2017 9:36:47 AM
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11/10/2016 9:31:09 AM
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NOTICE OF APPEAL Filed in Clerk's Office <br />Eric A. Boyd RE: 1240 Thomas St. South Bend (Fire Station No.4 Histori al Landmark) <br />NOV 0 q 2016 <br />BRIEF SUMMARY OF EVENTS: <br />Petitioner Eric A. Boyd (Owner) was issued a COA for a Pitched Metal Roof to secure and protect 1240 Thomas St. HPC (1fi�M ILER <br />Commission) in November 2011 & renewed through 11- 10 -13. CI1 y MR .SO BEND, IN <br />St. Joseph County Building Dept. accepted Owner's application and blue prints and issued a Roof Permit Octob <br />Thomas St. "According to HPC Guidelines Ordnance 9495 -04 P.5 (A Applications to Building Dept for a Permit shall be deemed an application for <br />HPC and will be forward to HPC by the Building Dept within 5 working days.)" <br />During a 2016 Summer Code Enforcement progress Hearing for 1240 W. Thomas, Code Enforcement recognized the progress and granted an <br />additional six months to complete roofing the East half of the building. HPC complained at the hearing and to the local building dept about lack of a permit <br />for the rear section, which has stopped current and future permits. Building Commissioner has requested Owner/Petitioner resolve difference with HPC so <br />project can move forward. HPC denied Roof Portion of the recent application which denied all items on the application:Root Windows, Siding & 2' Story <br />addition. Denied COA Application #2016 -0809 HPC collective reasoning for Denial: <br />1.)Losing Architectural Integrity <br />Response: Changing from flat roof to pitched roof will cause Historical Rating to drop. (However <br />of HPC Approved the change from flat roof to pitched metal roof on Nov. 10, 2011 and <br />Owner issued a COA) HPC Guidelines Ord No. 9495 -04 P.7 States that HPC must evaluate. the <br />damage /detriment to public welfare if they approve construction that is permitted even <br />though it is not deemed appropriate and evaluate the potential hardship that a denial of <br />COA would cause. The residents of Thomas St. are realistic in nature and are more <br />concerned about losing the structure than losing Architectural Integrity. HPC has failed to <br />evaluate the owner's sweat equity, capital investment ($10,000 to $15,000) and the <br />financial hardship removing the current pitch roof and replace it with a flat roof would <br />incur. <br />2.) Structurally Soundness <br />Response: St. Joseph Co. Building Commissioner and a city engineer met with the Owner on -site <br />Of 09/29/16 to perform progress check. Building Commissioner states a structural <br />Owner engineer is needed to evaluate and to file for INDIANA HOMELAND SECURITY <br />permits who's jurisdiction supersedes local Building Dept regarding 1240 W. Thomas St. <br />3.) Lack of other options /flat roof quotes <br />Response: Flat Roof was never proposed or suggested to owner by HPC. HPC previously approved a <br />Of metal pitched roof on November 10, 2011 and issued the owner a COA for the <br />Owner replacement roof. HPC Guidelines Ord.No. 9495 -04 P.8 Requires HPC to develop A <br />HISTORICAL PRESERVATION PLAN FOR LANDMARKS and assist in the <br />implementation of such plans. Owner has no knowledge nor was giving a specific <br />PRESERVATION PLAN for 1240 W. Thomas St. Such failures and reversal of previously <br />approved CONS by HPC has contributed to the hardships placed on the owner of 1240 W. <br />Thomas. <br />SUGGESTIONS FROM HPC COMMISSIONERS AT HEARING <br />Owner/Petitioner should find more quotes for a flat roof and present those findings to the HPC. HPC Suggested that Owner remove <br />the current roof that has decking , rafters, and shingles off of the 124 - year -old structure 2 -story building and replace it with a Flat Roof. <br />HPC wants the owner to incur the cost of the roof demolition and the the cost of the new flat roof installation. HPC Suggests Owner <br />Check with Community Investment to see if they have any programs that could assist in this project. <br />Response: HPC Suggestions are unfeasible and present a financial hardship that violate HPC's Own <br />Ordnance Guidelines. Suggesting flat roof quotes contradicts the pitch metal roof COA previously <br />issued. The pitched roof permitted by St. Joseph County Building Dept. presents no apparent detriment <br />to public welfare and should be allowed. HPC's Suggestion for the owner to remove the permitted roof <br />should be negated by HPC's lack of due diligence. HPC has had the right to petition Common Council <br />to delay the issuance of permits for the purpose of preparing a PRESERVATION PLAN for said <br />Landmark (Per Ord.9495 -04) and has failed to do so for six years. Owner doesn't qualify for Vacant to <br />Value Grant or Indiana Landmarks and questions Community Investment's potential involvement with <br />regard to the anticipated loss of $3.05 million in 2020 from property tax caps. Petitioner Eric Boyd <br />(owner) has filed this appeal and prays that the Common Council will relieve the Petitioner from the <br />potential hardship HPC's denial will caused. <br />
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