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Ben and Carrie Modlin vs. Historic Preservation Commission (COA#2019-1007A)
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Ben and Carrie Modlin vs. Historic Preservation Commission (COA#2019-1007A)
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City Council - City Clerk
City Counci - Date
3/9/2020
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cove details of the shiplap for replacement siding, even though it is retroactive, <br /> with the stipulation in the approval so it doesn't become the precedent...I do <br /> agree that the insulation and the innards of the wall need to be properly <br /> replaced." (HPC minutes, 11/18/19) <br /> This proposal was debated back and forth by several commissioners. At one point <br /> another commissioner stated the following: <br /> "Commissioner Annis expressed that she agreed with commissioner Stalheim, <br /> that financial hardship is a consideration..." (HPC minutes, 11/18/19) <br /> Thus the HPC members demonstrated that it was clear financial hardship was known <br /> and shall be considered. After further discussion and examination of materials and <br /> quotes, the commision attempted to "approve" the COA application, but with wood <br /> siding, which was NOT what the application was for and was exactly what had been <br /> demonstrated in the quotes as being financially burdensome to the family. <br /> "Commissioner Hertel made a motion to approve COA#2019-1007A, section two <br /> with wood siding, with final product details remanded to staff. Seconded by <br /> Commissioner Downs-Krostenko." (HPC minutes, 11/18/19) <br /> This motion was approved 6-1. In effect the HPC attempted here to approve a proposal <br /> that had not in fact been made. The Modlin's COA having been for the approval of PVC <br /> composite wood simulated siding, the HPC was not approving that proposal, but rather <br /> approving their own suggested proposal. This was pointed out by the Legal Counsel. <br /> "Legal Counsel Kennedy clarified that the approved motion is a denial of the <br /> original application, and that Commissioners should state their reasons for <br /> denial." (HPC minutes, 11/18/19) <br /> Each commissioner went on to state their reasons for denying the COA. In several of the <br /> commissioners statements the financial burden of wood siding was clearly <br /> acknowledged, and yet ignored in their decision. <br /> "Commissioner Gelfman (AYE)... I understand that this is a difficult situation <br /> because of the cost of it, unfortunately one of the things that comes along with a <br /> historical home...is that-the cost of the renovations of it. One of the things that <br /> Dr. Downs did recommend that might be helpful to you is to just do it a section at <br /> a time, over so many years. I understand that it is difficult as well..." (HPC <br /> minutes, 11/18/19) <br />
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