11-13-17 Council Minutes - Laserfiche WebLink

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REGULAR MEETING November 13, 2017 Councilmember Dr. David Varner asked the HPC if the building was historically designated before Mr. Boyd took it on, to which Ms. Feasel responded that it was. Councilmember Dr. Varner stated that Mr. Boyd had in the past provided plans for a complete roof, to which Ms. Feasel responded that though Mr. Boyd stated that it was a complete roof, it was not actually a complete roof. Councilmember Dr. Varner asked if the HPC's legal obligation is to deny a COA if an element of a property is deemed inappropriate, to which Ms. Feasel responded that it was. Ms. Feasel added, If a complete roof in this shape is inappropriate,then a half-roof in that shape is probably even more inappropriate. Councilmember Dr. Varner then asked if the St. Joseph County Building Department could supersede the HPC's authority and overrule their decision, to which Ms. Ecker responded it could not. Councilmember Dr. Varner asked the same question to Council Attorney Bob Palmer,who echoed Ms. Ecker. IVA—Question from Councilmember Jo M. Broden: Councilmember Jo M. Broden asked Mr. Boyd if his proposal could be broken down into the following three (3) asks: the roofing of half of the building, an additional mono roof in the rear, and an open courtyard. Mr. Boyd responded that that was correct. IV.e—Questions from Councilmember Randy Kelly: Councilmember Randy Kelly asked Mr. Boyd, In your opinion, sir, what about the HPC's actions are specifically arbitrary, capricious, or an abuse of their discretion? Mr. Boyd responded that the HPC has the option to regard the totality of the situation and take into account the applicant's hardship. He stated that in denying him a COA, the HPC has effectively stated that they do not acknowledge his hardship. Councilmember Kelly stated that just as the HPC has the option to grant a COA in cases of hardship,they also have the option to deny it. This, Councilmember Kelly argued, is not necessarily arbitrary or capricious or an abuse. Mr. Boyd responded, My understanding is that,behind the scenes, my interaction with Community Investment was that they were willing to pay for a portion of the flat roof, but they were instructed by the HPC not to fund the project. So, I'm really confused as to if it's the roof we're fighting over, or is there a deeper issue? IV.f=Questions from Councilmember Regina Williams-Preston: Councilmember Regina Williams-Preston asked the HPC what the nature of the communication between them and DCI was regarding the funding of the roof. Ms. Feasel stated that she had had many email exchanges with Jacob Alexander of DCI and in none of them did she presume to have any sway over their decision-making. She stated that she only ever spoke on the merits of the HPC's meetings and the reasons behind their decisions. Ms. Ecker echoed Ms. Feasel's statement. Councilmember Williams-Preston stated that she would like to hear a statement from Jacob Alexander on the matter. She stated that she was concerned about the fact that the HPC sent out their meeting notice the Wednesday before their Monday meeting, leaving two (2) business days for the receipt of the notice by Mr. Boyd. Councilmember Williams-Preston stated that she has never seen an important document arrive in two (2) days with guarantee. She then asked the HPC what exactly was mailed to Mr. Boyd. Ms. Feasel responded that they mailed an agenda and a staff report pertaining to his particular project. Councilmember Williams-Preston stated that she has concerns about the procedures in place, regarding communicating in a timely manner with applicants. She also stated that it was also concerning that a permit was issued mistakenly. 15