11-13-17 Council Minutes - Laserfiche WebLink

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REGULAR MEETING November 13, 2017 was denied, and, afterward, he was given proper notice of an upcoming municipal administrative hearing and given a copy of evidence before the meeting. Mr. Boyd stated that his second submission of an application for a COA went differently, in June, 2017. According to Mr. Boyd,the HPC failed to issue a notice of the hearing, withheld evidence,photos, staff reports, and staff recommendations from multiple applicants during the June 19th, 2017 municipal administrative meeting. He stated that the HPC knowingly violated policies and procedures, and that commissioners admitted as much but offered no documents to be inspected by applicants at the hearing. Instead, Mr. Boyd stated, blame was redirected toward the St. Joseph County Building Department's mail room. Mr. Boyd found many discrepancies between the HPC's interpretation of the matter and his own. He stated that the staff report contained no information on the building permit given to him for the current roof. In addition, according to Mr. Boyd, the HPC's interpretation of the structural engineer's report was incorrect. The HPC noted deficiencies in the property's current roof, but the St. Joseph County Building Department structural engineer did not recognize deficiencies in his report—it was noted therein that the roof, whose construction was permitted by the St. Joseph County Building Department, was simply incomplete. Mr. Boyd directed the Council to Exhibit J, a remedy given by the Building Department stating that if the HPC granted the permit for the roof as-is,the Building Department could move forward with the remedy. This document was not given to commissioners voting on Mr. Boyd's case. The HPC President stated that"long-term preservation of the structure and safety of its occupants are not served by this installation." Mr. Boyd stated that the HPC's jurisdiction, by virtue of the Common Council, is restricted to the exteriors of historical properties. He stated, Nowhere in the South Bend Municipal Code does it give HPC the right or power to issue occupancy permits or determine the structure's shortened lifespan because of the roof choice. According to Mr. Boyd,the Building Department structural engineer requested that a State- registered engineer evaluated the project. Mr. Boyd stated, The engineer's findings differ from the HPC's non jurisdictional opinions. Mr. Boyd recounted for the Council a timeline of events (in which he referred to himself as "the applicant"): 1. The applicant submitted a building permit, blueprints, and elevations to the Building Department in 2015. 2. A building permit was issued, and the applicant proceeded to construct the roof. 3. Approximately one (1) year later, the HPC pressured the Department to revoke the permit. 4. In HPC's original letter of denial, dated September 19th, 2016, they made claims that the applicant had received assistance from the Department of Community Investment. The applicant had requested funding from DCI since 2015,and that has yet to materialize. It took seventeen(17) months for DCI to respond to the applicant original email inquiry in 2015; it took fifty-three (53) days to receive an email response in 2017. 5. On December 80'. 2016, a temporary improvement construction trailer permit was reviewed by the Zoning and Business Administrator and was issued by the St. Joseph County Building Commissioner, despite the HPC's unfiled claims. Mr. Boyd stated that the HPC operated without observance of the proper policies and procedures in failing to send due notice of municipal administrative hearings to the relevant applicants. A document providing evidence to be used during the municipal administrative hearing, dated June 14th, 2017, was not received by Mr. Boyd until a week after the meeting had passed. Mr. Boyd stated, The applicant finds this to be substandard, unprofessional, and inconsistent with the administrative practices of other historic preservation commissions in the State of Indiana. He stated that the HPC violated Public Access Law IC 5-14-1 by failing to comply and properly mail public administrative hearing documents; by failing to notify parties of the completion and availability of the COA, staff reports, or staff recommendations for public inspection. Mr. Boyd stated that the Common Council had given the HPC the power to award an applicant a COA even if the construction of the property is deemed not architecturally appropriate or correct, however the HPC refuses to evaluate the totality of the situation and regard the hardship caused 11