HPC COA Application 2016-0809 - Laserfiche WebLink

Home Browse Search

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