Ben and Carrie Modlin vs. Historic Preservation Commission (COA#2019-1007A)

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Mrs. Modlin stated that this option would subject their children to years with whatever material is in the walls. Commissioner Hertel expressed that the Commision fully supports removing the material from the wall cavities in the pursuit of creating a healthy environment for their family." (HPC minutes, 11/13/19) HPC demonstrated their acknowledgement of unhealthy and unsafe materials in the walls. They also demonstrated support for the removal of these unsafe materials. However, by denying the COA to remove the siding, bat feces, cellulose, and other possibly harmful materials that were demonstrated to be under the siding, HPC contradicted this support. HPC did not provide any realistic or feasible suggestions for other methods of removing the unsafe wall materials. Ben Modlin did ask for clarification to see if they were supporting an alternative method for removing unsafe wall materials. "Mr. Modlin explained that removing the cellulose materials from the inside, it would (be required to) remove the lathe and plaster, and that the siding is already in a deteriorated condition, and that removing the siding would be easier. Commissioner Downs-Krostenko agreed that doing it from the outside is easier, and that you would not have to remove all the siding to do it." (HPC minutes, 11/13/19, emphasis added) Here the HPC Staff supported the idea that the best method for removing the unsafe wall materials would be from the outside by at least in part removing the siding, which the HPC had also acknowledge would not survive the removal process "While the original siding may have the ability to be repaired and made impermeable, it likely will not withstand removal to clean the wall cavities and reinstallation. Staff accepts that the original siding is deteriorated beyond repair." (HPC Staff Report COA 2019-1007A, 10-08-2019) In summary, it seems the HPC's statements are contradictory. First supporting that the materials in the wall are unsafe and unhealthy and need to be removed. Then supporting that the best method for removing these materials would be from the outside, by removing at least some of the siding. Yet in denying the COA, the HPC effectively blocked Ben and Carrie from being able to perform the very task that the HPC had supported as being necessary for the health and safety of the family. The action of denying the COA after having acknowledged that the wall materials are indeed unsafe