|
REGULAR MEETING November 13, 2017
<br /> BILL NO.
<br /> 17-74 A RESOLUTION OF THE COMMON COUNCIL
<br /> OF THE CITY OF SOUTH BEND, INDIANA
<br /> APPROVING A PETITION OF THE AREA
<br /> BOARD OF ZONING APPEALS FOR THE
<br /> PROPERTY LOCATED AT 926 S. ERSKINE
<br /> PLAZA
<br /> Councilmember Gavin Ferlic made a motion to send Bill No. 17-74 to the Area Board of Zoning
<br /> Appeals for December 6t", 2017 and set it for Second and Third Reading on December 11th,
<br /> 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of eight
<br /> (8) ayes.
<br /> BOYD VS. HPC APPEAL- COA 42017-0602A
<br /> As Mr. Eric Boyd was not present at the commencement of the hearing, the Council—after some
<br /> deliberation on what precisely to do in light of this—decided to take a five (5)minute break.
<br /> Councilmember Dr. David Varner made a motion to take a five (5) minute recess at 7:43 p.m.
<br /> Councilmember Jo M. Broden seconded the motion which carried by a voice vote of eight(8)
<br /> ayes.
<br /> The Council reconvened at 7:48 p.m.
<br /> I - Councilmember Tim Scott Provides the Rules of the Proceedings:
<br /> Councilmember Tim Scott explained, Under this process,the petitioner will have a maximum of
<br /> twenty (20)minutes to make a presentation of the case, which needs to address specific issues
<br /> under review, stating the position by the petitioner, or his or her attorney,relative witness
<br /> statements, if there are any, and requested action which the petitioner is seeking. After that, the
<br /> Historic Preservation Commission will have a maximum of twenty (20) minutes to include a
<br /> statement of position of HPC, or attorney, relevant witness statements, if any, and request action
<br /> of the HPC. The petitioner will have a maximum of five (5) minutes for rebuttal. The Common
<br /> Council may ask questions of the party up to the maximum of fifteen (15) minutes for this
<br /> portion of the public hearing. The Common Council shall review actions of the HPC and the
<br /> appeal before them to determine whether actions are, one (1), arbitrary and capricious, an abuse
<br /> of discretion, or otherwise not in accordance with ethical law; or two (2), contrary to
<br /> constitutional rights of power, privilege, or immunity; or three (3), in excess of statutory
<br /> jurisdiction, authority limitations, or statutory rights; or four (4), without observation of the
<br /> procedures required by ethical law and/or ordinance, and/or supported by substantial evidence.
<br /> Each Councilmember, having the opportunity to comment before the motion of this position on
<br /> the appeal process, is accepted by the Chairperson. Proper motions of the Common Council be
<br /> acknowledged by the Chairperson of either sustaining the action of the HPC or overruling their
<br /> decision based on the evidence provided by the parties and the governing law, followed by the
<br /> roll call vote by the Common Council. The Office of the Clerk shall, within a reasonable period
<br /> of time, send confirmation of the Common Council's actions to all parties maintaining minutes
<br /> of the public hearing as part of the regular meeting with the Common Council. At this point, the
<br /> Common Council is acting in a quasi-judicial role on this. The public does not have any input on
<br /> this. This is Mr. Boyd making his case, and HPC making their case, and then it's back to Council
<br /> for questions and final ruling.
<br /> II - Opening Statement, Mr. Eric Boyd:
<br /> Eric Boyd, 1240 West Thomas Street, South Bend, IN, approached the podium to present his
<br /> case to the Common Council. Mr. Boyd stated that he was present on behalf of himself, those at
<br /> the Thomas Street property, and the west side of South Bend, to appeal the decision of the
<br /> Historic Preservation Commission. Mr. Boyd stated that the property at 1240 West Thomas
<br /> Street is a historic property of St. Joseph County. In September, 2016, Mr. Boyd submitted his
<br /> first COA. He received notice of hearing, an agenda of the HPC, which included descriptions of
<br /> the structure, staff recommendations, and photos taken by the HPC. His application for the COA
<br /> 10
<br />
|