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05-27-97 Council Meeting Minutes
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05-27-97 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
5/27/1997
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REGULAR MEETING MAY 27, 1997 <br />work. She indicated she appeared before the board in December, <br />and was told this would be referred to the standards committee, <br />and then subsequently notified that the certificate of <br />appropriateness would not be issued. She reported that several <br />months later she was notified there would be a lawsuit filed if <br />the front fence was not removed. She indicated she had a number <br />of concerns regarding the HPC and the process: new residents are <br />not given adequate information regarding policies and guidelines; <br />the guidelines are very inconsistently applied in this district; <br />information regarding the liaison committee i.e., how they are <br />chosen and their length of terms, is nearly unobtainable; the <br />guidelines are to be reviewed every 5 years, but no such review <br />has taken place; the HPC has no one from this district on its <br />board. <br />Katherine Hostettler, vice president of the Historic Preservation <br />Commission, indicated the commission was bipartisan. She gave <br />the names and occupations of the members. She reported that the <br />property owners in the historic districts write their own <br />standards, and at no time does HPC mandate the standards. <br />Aladeen DeRose, attorney, reported that the East Wayne Street <br />Historic District was created by ordinance in September 1987, and <br />as part of the process the property owners adopted Preservation <br />Guidelines and Standards. She indicated the Standard relevant to <br />this case is front yard areas shall not be fenced and fences <br />shall not extend forward beyond the setback line of the house. <br />She indicated that Dr. Lackman's appeal was untimely, since it <br />the applicant may appeal denial of a Certificate of <br />Appropriateness to the Common Council, and it must be made in <br />writing within thirty (30) days of the date of the denial. She <br />indicated that even if the Common Council was disinclined to <br />follow these rules, this appeal is unreasonably delayed, Dr. <br />Lackman does not precedent legally sufficient HPC's denial of the <br />HPC's decision, since the standards forbid front yard fences. <br />She advised that the HPC urges the Council to focus on whether <br />the appeal is timely, and if so, whether the HPC's decision was a <br />rational one based on the standards of the District. She <br />indicated that the time issue should dispose of this case <br />entirely. <br />David Duvall, director of Historic Preservation, indicated they <br />had one part -time employee, therefore, there was no way they <br />could police the historic districts for violations. He reported <br />that enforcement of the guidelines is dependant on the Building <br />Commission's office. <br />The Council had lengthy discussion and questions directed to the <br />petitioner, as well as the Historic Preservation. Council Member <br />Broden made a motion that the appeal of the Historic Preservation <br />Commission's Decision be denied, seconded by Council Member <br />Sniadecki. The motion carried on a roll call vote of six ayes <br />and three nays (Council Members Varner, Coleman, and Kelly). <br />Council Member Coleman made a motion to set Bill Nos. 91 -96, 31- <br />97, 32 -97, for public hearing and third reading on June 9, and <br />refer this to the Zoning and Vacation Committee, seconded by <br />Council Member Varner. The motion carried. <br />Council Member Broden made a motion to set Bill No. 28 -97 for <br />public hearing and third reading on June 23, and refer it to the <br />Zoning and Vacation Committee, seconded by Council Member <br />Coleman. The motion carried. <br />PRIVILEGE OF THE FLOOR <br />Jim Cierzniak, 1156 E. Victoria, spoke loss of revenue for the <br />College Football Hall of Fame. <br />There being no further business to come before the Council <br />
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