Wesminster LLC Pictures and Appeal

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One of the homes in the group of photos, 815 Ashland, clearly had freshly -installed windows. In fact, Appellant and his wife had a conversation with the owner of that property, who happened to be in his front yard. He said that, yes, he was currently changing his windows for vinly-clad, energy efficient ones. He had not yet finished the trim, and therefore the nails were still visible in the nailing fin, clearly visible in the photo. On Page 2 of his September 23rd letter, Mr. Adam Toering referenced the Chapin Park Local Historic District Standards and Guidelines.- "About uidelines: "About half the structures in the district have aluminum storm windows; the other half have wood storm windows. " These words were written in 2005, sixteen years ago. So, sixteen years ago, according to the Standards and Guidelines, there were no vinyl windows, since half of the storm windows were wood and half were aluminum, There is no mention of any vinyl -clad windows in the document. Despite this, Ms. Downs-Krostenko claimed that the stack of photos of vinyl windows Appellant introduced to the Commission were all grandfathered in many years ago. Since the Appellant's sample of the district demonstrated that the majority of homes presented vinyl windows, there is a strong Constitutional question under the Equal Protection Clause. Why are so many homeowners in Chapin Park allowed to replace their windows with energy-efficient modern vinyl ones, and yet the HPC refused to grant Appellant's COA because it was "outside the standards and guidelines?" Mr. Toering's letter quotes the required window and door parameters: "When deteriorated beyond repair, they shall be replaced with units and trim resembling the original". In quoting the Guidelines, Mr. Toering reiterated the very case made by the Appellant before the commission, namely, that the installed Pella windows clearly resembled the original. Appellant provided a photo of the installed windows at 768 Portage, reinforcing the fact that the new vinyl windows were almost a perfect match to the old. Thus, Appellant's actions were within the spirit and letter of the Guidelines. Moreover, nowhere in the Guidelines are vinyl -clad windows proscribed. There is no prohibition on vinyl windows in Chapin Park. Many homes have them, and neither