The URL can be used to link to this page

Home My WebLink AboutHPC COA Application 2016-0809NOTICE OF APPEAL Filed in Clerk's Office Eric A. Boyd RE: 1240 Thomas St. South Bend (Fire Station No.4 Histori al Landmark) NOV 0 q 2016 BRIEF SUMMARY OF EVENTS: Petitioner Eric A. Boyd (Owner) was issued a COA for a Pitched Metal Roof to secure and protect 1240 Thomas St. HPC (1fi�M ILER Commission) in November 2011 & renewed through 11- 10 -13. CI1 y MR .SO BEND, IN St. Joseph County Building Dept. accepted Owner's application and blue prints and issued a Roof Permit Octob Thomas St. "According to HPC Guidelines Ordnance 9495 -04 P.5 (A Applications to Building Dept for a Permit shall be deemed an application for HPC and will be forward to HPC by the Building Dept within 5 working days.)" During a 2016 Summer Code Enforcement progress Hearing for 1240 W. Thomas, Code Enforcement recognized the progress and granted an additional six months to complete roofing the East half of the building. HPC complained at the hearing and to the local building dept about lack of a permit for the rear section, which has stopped current and future permits. Building Commissioner has requested Owner/Petitioner resolve difference with HPC so project can move forward. HPC denied Roof Portion of the recent application which denied all items on the application:Root Windows, Siding & 2' Story addition. Denied COA Application #2016 -0809 HPC collective reasoning for Denial: 1.)Losing Architectural Integrity Response: Changing from flat roof to pitched roof will cause Historical Rating to drop. (However of HPC Approved the change from flat roof to pitched metal roof on Nov. 10, 2011 and Owner issued a COA) HPC Guidelines Ord No. 9495 -04 P.7 States that HPC must evaluate. the damage /detriment to public welfare if they approve construction that is permitted even though it is not deemed appropriate and evaluate the potential hardship that a denial of COA would cause. The residents of Thomas St. are realistic in nature and are more concerned about losing the structure than losing Architectural Integrity. HPC has failed to evaluate the owner's sweat equity, capital investment ($10,000 to $15,000) and the financial hardship removing the current pitch roof and replace it with a flat roof would incur. 2.) Structurally Soundness Response: St. Joseph Co. Building Commissioner and a city engineer met with the Owner on -site Of 09/29/16 to perform progress check. Building Commissioner states a structural Owner engineer is needed to evaluate and to file for INDIANA HOMELAND SECURITY permits who's jurisdiction supersedes local Building Dept regarding 1240 W. Thomas St. 3.) Lack of other options /flat roof quotes Response: Flat Roof was never proposed or suggested to owner by HPC. HPC previously approved a Of metal pitched roof on November 10, 2011 and issued the owner a COA for the Owner replacement roof. HPC Guidelines Ord.No. 9495 -04 P.8 Requires HPC to develop A HISTORICAL PRESERVATION PLAN FOR LANDMARKS and assist in the implementation of such plans. Owner has no knowledge nor was giving a specific PRESERVATION PLAN for 1240 W. Thomas St. Such failures and reversal of previously approved CONS by HPC has contributed to the hardships placed on the owner of 1240 W. Thomas. SUGGESTIONS FROM HPC COMMISSIONERS AT HEARING Owner/Petitioner should find more quotes for a flat roof and present those findings to the HPC. HPC Suggested that Owner remove the current roof that has decking , rafters, and shingles off of the 124 - year -old structure 2 -story building and replace it with a Flat Roof. HPC wants the owner to incur the cost of the roof demolition and the the cost of the new flat roof installation. HPC Suggests Owner Check with Community Investment to see if they have any programs that could assist in this project. Response: HPC Suggestions are unfeasible and present a financial hardship that violate HPC's Own Ordnance Guidelines. Suggesting flat roof quotes contradicts the pitch metal roof COA previously issued. The pitched roof permitted by St. Joseph County Building Dept. presents no apparent detriment to public welfare and should be allowed. HPC's Suggestion for the owner to remove the permitted roof should be negated by HPC's lack of due diligence. HPC has had the right to petition Common Council to delay the issuance of permits for the purpose of preparing a PRESERVATION PLAN for said Landmark (Per Ord.9495 -04) and has failed to do so for six years. Owner doesn't qualify for Vacant to Value Grant or Indiana Landmarks and questions Community Investment's potential involvement with regard to the anticipated loss of $3.05 million in 2020 from property tax caps. Petitioner Eric Boyd (owner) has filed this appeal and prays that the Common Council will relieve the Petitioner from the potential hardship HPC's denial will caused. South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION Timothy S. Klusczinski, President September 23, 2016 Eric Boyd 1240 West Thomas Street South Bend, IN 46601 Dear Mr. Boyd, 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana.com/sjchp/index.html Phone: 574 -235 -9798 Fax: 574-235-9578 e -mail: SBSJCBPC@co.st-joseph.in.us A Certified Local Government Elicia Feasel, Executive Director Filed in Clerk's Once SEA' 2'7 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN The Commissioners, at the regularly scheduled monthly Historic Preservation Commission meeting on September 19, 2016, unanimously denied approval of the items originally listed on COA Applica- tion# 2016 -0809: "Roof, window replacement, apply for addition — siding vinyl and window replacement is long term. Current plan is to keep windows boarded for security reasons (2 replacement windows have been broken). Color of vinyl siding is brown ". Following is the record from the meeting concerning your project which states the reasons why your application was denied: Commissioner Gordon moved to deny application as submitted. Seconded by Commissioner Anderson. President Klusczinski clarified that votes in the affirmative will support the motion to deny the application and reminded the members to state their reasons when voting. Roll call was ordered. Commissioner Hertel (AYE): the best course of action in maintaining the historic integrity of the building Commissioner Parker (AYE): due to the architectural character of building, and the lack of other op- tions /quotations Commissioner Anderson (AYE): lack of conforming to architectural integrity of historic building Commissioner Gordon (AYE): not in keeping with the integrity of the landmark status Commissioner Klusczinski (AYE): work is not in keeping with Landmark standards and guidelines, work was performed without prior approval by the HPC and the Building Department, evidence suggests that the new changes are not structurally sound and in compliance with current building code, there is only one quotation obtained by the applicant for in -kind work, and there is insufficient documentation to consider alternative pro- posals at this time. Commissioner Voll (AYE): a tough decision because of all the work the owner has put into it. The build- ing, if it were restored, in that neighborhood, would be a classic piece. That is a difficult option here, but there is hope that there may be ways to achieve that. Commissioner Buccellato (AYE): project does not meet standards and guidelines, in particular that addi- tions to Landmarks should not detract from the original form. This roof, as proposed, will detract from the orig- inal form. Would like to see the building saved, and recommended that if a sloped roof is necessary financially, the owner would come back with a proposal that does not detract from the form of the structure. Commissioner Gelfman (AYE): architectural integrity, lack of other quotes on a flat roof, changing from flat roof to gabled roof, losing the structural integrity of the building as -is historically, and materials being used. COMMISSIONERS Thomas Gordon (Vice President) Mike Voll (Treasurer) Jennifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfman Joseph Molnar STAFF Deb Parcell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist HISTORIC PRESERVATION COMMISSION OR SOUTH BEND & Sr. JOSEPH COUNTY Esr. 1973 South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana .com/sjchp /index.html Phone: 574-235-9798 Fax: 574-235-9578 e -mail: SBSJCIHPC@co.st-joseph.in.us Timothy S. Klusczinski, President A Certified Local Government Elicia Feasel, Executive Director Commissioner Molnar (AYE): echoes Commissioner Voll's statements that this is a tough choice. Suggests checking with Community Investment to see if they have any programs that could assist in this project. Nine in favor, none opposed. Vote: 9 — 0 COA #2016 -0809 Denied. Please contact this office with any questions or concerns or for any assistance. Sincerely, Debra Parcell, Deputy Director COMMISSIONERS Thomas Gordon (Vice President) Mike Voll (Treasurer) Jennifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfinan Joseph Molnar STAFF Deb Parcell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist HISTORIC PRESERVATION COMMISSION OF SOUTH Bom & Sm JOSEPH Couwff WE 1973 L South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD SOUTH BEND, IN 46601 -1830 www.stjosephcountyindiana.com/sjchp/index.html Phone: 574 -235 -9798 Fax: 574-235-9578 e -mail: SBSJCBPC@co.st-joseph.in.us Timothy S. Klusczinski, President A Certified Local Government Elicia Feasel, Executive Director Commissioner Molnar (AYE): echoes Commissioner Voll's statements that this is a tough choice. Suggests checking with Community Investment to see if they have any programs that could assist in this project. Nine in favor, none opposed. Vote: 9-0 COA #2016 -0809 Denied. Please contact this office with any questions or concerns or for any assistance. Sincerely, Qla � -o Debra Parcell, Deputy Director COMMISSIONERS Thomas Gordon (Vice President) Mike Voll (Treasurer) Jennifer Parker (Architectural Historian) Elizabeth Hertel (Secretary) Kevin Buccellato Brandon Anderson Michele Gelfinan Joseph Molnar STAFF Deb Parcell, Deputy Director Brett Hummer, Legal Counsel Steve Szaday, Preservation Specialist HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & ST. JOSEPH COUNTY EST_ 1973 1'