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HomeMy WebLinkAbout3. 509 511 Harrison_COA 2019-0227_PACKETSTAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: March 13, 2019 Application Number: 2019-0227 Property Location: 509 – 511 Harrison Architectural Style/Date/Architect or Builder: 1921/Palmiter Apartments Property Owner: Victor Lopez Landmark or District Designation: Local Landmark, ordinance #8021-1989 Rating: not listed in 2007 Sites and Structures Inventory DESCRIPTION OF STRUCTURE/ SITE: This two-story structure with rectangular plan sits upon a cement foundation. The walls are brick, and the very low hip roof has wide overhanging eaves. A two-story porch with three brick support pillars and two balconies spans the front side. The second story balcony was covered by a roof shingle type of material. This structure was included in the legal description for Landmark Ordinance #8021-1989. The structure to the rear on the lot – 513 Harrison – was the primary reason for this landmarking because of its unique concrete block construction. ALTERATIONS: COA 2002-0618 approved removal and replacement of asphalt roof shingles. COA 2016- 1031A approved replacement in-kind of asphalt roof shingles and installation of new gutters. Vinyl windows have been installed to enclose the second-floor front porch, and second story balcony shingles have been replaced with vinyl siding, both without a COA or building permit. APPLICATION ITEMS: “Install 10 Andersen Silverline double hung windows (vinyl). Install vinyl siding. See previous application (2017-0623).” COA 2017-0623, as applied: “Add new double hung vinyl windows in framed area of porch and replace dilapidated siding. Code enforcement was pressuring me to complete work.” DESCRIPTION OF PROPOSED PROJECT: Owner is seeking approval of Andersen Silver Line Standard vinyl windows installed to enclose second floor front porch, as well as Market Square double 4” vinyl siding which has been installed to replace existing deteriorated balcony asphalt shingles, and triple 4” vented and unvented vinyl siding which has been installed to replace existing unvented soffit. Owner seeks to prevent further damage to second-floor decking by installation of windows to prevent exposure to weather. All work has been done without a COA or building permit. Applicant retroactively applied for the above project in 2017. The Commission reviewed the project and denied the application. Demolition permits were issued by the Building Department to allow for the removal of the windows in both July and December of 2017, the latter of which was issued with the caveat that the permit was only for six months, and if no work was executed, fines were to be issued. No demolition occurred on the site. With no response from the property owner, the Building Department submitted the property to the City of South Bend Legal Department. City of South Bend Legal filed a ‘NOTICE OF CLAIM SUMMONS’ (Case No. 71D07- 1901-SC-000104) with the St. Joseph County Clerk on January 2, 2019 for a judgement of $1,500. Upon receiving this judgement, the property owner re-initiated contact with the Historic Preservation Commission staff to seek to rectify the situation. Staff met with the applicant on February 12, 2019 and again on February 27, 2019 to review this project and assist in the application process. Staff appraised the applicant of similar projects where windows that were installed without Commission approval were later removed (most notably at 620 West Washington, ‘Tippecanoe Place’). PRESERVATION INSPECTOR REPORT: n/a STANDARDS AND GUIDELINES: Group B DEFINITIONS Shall—Defined as an expression of something that is mandatory or must be done. Should—Defined as an expression of obligation, something that ought to be done but that is open to compromise. Required—Defined as work which shall be done in a restoration or rehabilitation project in order to restore or maintain the original or existing character of the structure or site. Recommended—Defined as work which should be done to help restore or maintain the original or existing character of the structure or site. Prohibited—Defined as work which shall not be permitted in a restoration or rehabilitation project because it may have a negative impact on the original or existing character of the structure or site. A. Maintenance The maintenance of any historical structure or site shall in no way involve any direct physical change except for the general cleaning and upkeep of the landmark. The Commission shall encourage the proper maintenance of all structure or sites. B. Treatment Treatment shall be defined as any change of surface materials that will not alter the style or original form. Such improvements include re- roofing, glazing, or landscaping lawns and may involve a change that can potentially enhance or detract from the character of the landmark. A treatment change of any surface whether on the landmark or in its environment may require a Certificate of Appropriateness if it significantly alters the appearance of the landmark. Although these kinds of changes may not require a Building Permit, a Certificate of Appropriateness may be necessary. The commission should review the proposed treatment for character and style consistency with the original surfaces. C. Renovation and Additions Renovation is the modification of a structure, which does not alter the general massing while an addition, is a change in mass. A modification, which involves the removal of a part of the landmark, should be considered under demolition (see demolition). Additions to landmarks should not detract from the original form and unity of the landmark and should not cover singular examples of architectural detail. Additions to landmarks should be added in a manner that does not disrupt the visible unity of overall appearance of the site. The proportions, materials and ratios of the existing structures should be carried through in the additions. Care should be taken not to change or alter the following: 1. Structure—–Necessary structural improvements, where safety demands should be accomplished in such a way as to cause minimal visual change to the original style and construction. 2. Material—Additions and improvements involving any new material in the landmark should be of the same material as the original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original. a. wood—all wood trim should conform with existing trim in shape and size. b. siding materials—the Commission discourages the covering or alteration of original materials with additional siding. Structures already sided with incompatible materials should be returned to a siding similar to the original when renovation is considered. D. Demolition Historic landmarks shall not be demolished. When a landmark poses a threat to the public safety, and demolition is the only alternative, documentation by way of photographs, measured drawings, or other descriptive methods should be made of both the exterior and interior of the landmark. The person or agency responsible for demolition of the landmark shall be responsible for this documentation. E. Moving The moving of landmarks is discouraged, however, moving is preferred to demolition. When moving is necessary, the owner of the landmark must apply to the Commission for a Certificate of Appropriateness. F. Signs No neon or flashing signs will be permitted unless they are original to the structure. Billboards and super-graphics will also be disallowed. Only one appropriate identifying sign will be permitted per business. G. Building Site and Landscaping 1. Required Major landscaping items, trees, fencing, walkways, private yard lights, signs (house numbers) and benches which reflect the property’s history and development shall be retained. Dominant land contours shall be retained. Structures such as: gazebos, patio decks, fixed barbecue pits, swimming pools, tennis courts, green houses, new walls, fountains, fixed garden furniture, trellises, and other similar structures shall be compatible to the historic character of the site and neighborhood and inconspicuous when viewed from a public way. 2. Recommended New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings, and newspapers. Plant materials and trees in close proximity to the building that are causing deterioration to the buildings historic fabric should be removed. However, trees and plant materials that must be removed should be immediately replaced by suitable flora. Front yard areas should not be fenced except in cases where historic documentation would indicate such fencing appropriate. Fencing should be in character with the buildings style, materials, and scale. 3. Prohibited No changes may be made to the appearance of the site by removing major landscaping items, trees, fencing, walkways, outbuildings, and other elements before evaluating their importance to the property’s history and development. Front yard areas shall not be transformed into parking lots nor paved nor blacktopped. The installation of unsightly devices such as TV reception dishes and solar collectors shall not be permitted in areas where they can be viewed from public thoroughfares. STAFF RECOMMENDATION: Group B Standards, section A, state “The maintenance of any historical structure or site shall in no way involve any direct physical change except for the general cleaning and upkeep of the landmark.” Prevention of second-floor porch deck deterioration could be accomplished in a manner that is sympathetic to the historic structure and in compliance with the Standards for Local Landmarks. Staff would prefer to see the windows removed and the porch returned to an opened state. When the project was reviewed in 2017, Staff believed that the soffit and siding material should be replaced with more appropriate materials, as Section C, item 2 states, “Additions and improvements involving any new material in the landmark should be of the same material as the original.” The Group B Standards and Guidelines define should as “an expression of obligation, something that ought to be done but that is open to compromise.” Asphalt shingles were previously installed on the exterior of the porch. As such, staff would entertain allowing the siding to remain. Staff recommends that the Commission pursue: 1. Removal of the windows, 2. Approval of the siding/soffit, with the caveats that the applicant: A) confirm that the installed soffit is properly vented and B) confirm that an appropriate material is extended across the ceiling of the to-be-opened porch. Report compiled by Adam Toering, Historic Preservation Specialist Approved by Elicia Feasel, Historic Preservation Administrator HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov LOCATION MAP - Map showing location of the property and surrounding area (Google Maps) AERIEL MAP - highlighted property on map 1899 1917 1945 1960 HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov FRONT PICTURE (EAST) - Picture of the front of the building, June 2017. FRONT PICTURE (EAST) - Picture of the front of the building from 2012. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov SIDE PICTURE (SOUTH) - Picture of the side of the building, June, 2017 SIDE PICTURE (SOUTH) - Picture of the side of the building in 2012. 2019 0227 June 13, 2017 Victor Lopez 1110 Lincoln Way West South Bend, IN 46616 Re: Violations of County Ordinance at 509 Harrison St, South Bend, IN 46628/Second Notice To Whom It May Concern: We recognize the effort to reduce the violations of the City of South Bend Zoning Ordinance, at your property located at 509 HARRISON ST, South Bend, IN 46628, zoned “MF1” Urban Corridor Multifamily District. Due to the Historic Preservation Commission’s denial of your recent application for Certificate of Appropriateness the property continues to have the following violations: 1. The failure to obtain an improvement location permit when one is required by the terms and provisions of this Ordinance, Section 21-10(f)(2), specifically doing construction remodeling without application for applicable building permits. 2. Failure to comply with any other provisions of this Ordinance, or other applicable federal, state or local law or ordinance, Section 21-10(f)(10), specifically the failure to acquire a Certificate of Appropriateness from the Historic Preservation Commission for improvements made to the above noted property, located within the Riverside Drive Local Historic District (Ordinance No. 8861-97) VIOLATION REMEDY 1. Immediately remove improvements made without permits or application and approval for Certificate of Appropriateness from the Historic Preservation Commission; AND 2. Following removal of the improvements schedule an inspection by the Historic Preservation Commission to confirm the property is no longer in violation. If these violations exist on or after August 1, 2017 citations will be issued. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Ayoka Paek, MCP, MCIP Zoning and Business Services Administrator cc: Historic Preservation Commission [T n-IX) IX)m mr-ai aia] aiLH IX)ca =0HI□□□acra-mU.S. Postal Service™CERTIFIED MAIL® RECEIPTDomestic Mail OniyH□1=11=3□tra-For delivery information, visit our website at www.usps.com".OFFICIAL USEPostageCertified FeeReturn Receipt Fee(Endorsement Required)Restricted Delivery Fee(Endorsement Required)Total Postage & Fees$PostmarkHere$a- a-H HI□ enr-SentToWa3!;.We^^lluffiftnd, IN 46616PS Form 3800, July 2014See Reverse for Instructions Certified Mail service provides the following benefits:IA Certified Maii receipt (ttiis portion of theCertified Mail label).« A unique identifier for your maiipiece.n Electronic verification of delivery or attempteddelivery.n A record of delivery (including the recipient'ssignature) that is retained by the PostalService® for a specified period.Important Reminders:• You may purchase Certified Mail service withFirst-Ciass Mali®, First-Ciass PackageService®, or Priority Maii® service." Certified Maii service is nof available forinternational maii.n insurance coverage is rrof available forpurchase with Certified Mail service. However,the purchase of Certified Mail service does notchange the insurance coverage automaticaiiyincluded with certain Priority Mail items.n For an additional fee, you may request thefollowing services:- Return receipt service, which provides youwith a record of delivery (including therecipient's signature). You can request ahardcopy return receipt or an electronicversion. For a hardcopy return receipt,complete PS Form 38n, Domestic RebimReceipt: attach PS Form 3811 to yourPS Form 3800, July 2014 (RsvBrse) PSN 7530-02-000-9047maiipiece; include appiicabie postage tocover the return receipt service fee; andendorse the maiipiece "Return ReceiptRequested," or see a retail associate forassistance. For an electronic return receipt,see a retail associate for assistance. Toreceive a duplicate return receipt, presentthis USPS®-postmarked Certified Maiireceipt to the retail associate, who willprovide a duplicate return receipt for noadditional fee.- Restricted delivery service, which providesdelivery to the addressee specified by name,or to the addressee's authorized agent.Include appiicabie postage to cover therestricted delivery fee and endorse themaiipiece "Restricted Delivery," or see aretail associate for assistance.I To ensure that your Certified Maii receipt isaccepted as legal proof of mailing, it shouldbear a USPS postmark, if you would like apostmark on this Certified Maii receipt, pleasepresent your Certified Maii item at a PostOffice™ for postmarking. If you don't need apostmark on this Certified Maii receipt, detachthe barcoded portion of this label, affix it to themaiipiece, apply appropriate postage, anddeposit the maiipiece.IMPORTANT: Save this receipt for your reconls.7,4;. ■!'4I >*■ ■. ,■ ■ .1 <; -.i- June 13, 2017 Victor Lopez 1110 Lincoln Way West South Bend, IN 46616 AND Current Occupant 509 HARRISON ST, South Bend, IN 46628 Re: Violations of County Ordinance at 509 HARRISON ST, South Bend, IN 46628/First Notice To Whom It May Concern: This letter is to advise you that you are in violation of the City of South Bend Zoning Ordinance, at your property located at 509 HARRISON ST, South Bend, IN 46628. This property is zoned “MF1” Urban Corridor Multifamily District. The above-referenced property has the following violations: 1. The failure to obtain an improvement location permit when one is required by the terms and provisions of this Ordinance, Section 21-10(f)(2), specifically doing construction remodeling without application for applicable building permits. 2. Failure to comply with any other provisions of this Ordinance, or other applicable federal, state or local law or ordinance, Section 21-10(f)(10), specifically the failure to acquire a Certificate of Appropriateness from the Historic Preservation Commission for improvements made to the above noted property, located within the Riverside Drive Local Historic District (Ordinance No. 8861-97) VIOLATION REMEDY OPTIONS Immediately remove improvements made without permits or application and approval for Certificate of Appropriateness from the Historic Preservation Commission; OR Apply for Certificate of Appropriateness with the Historic Preservation Commission; and if approved apply for applicable building permits. 2 Application for the Certificate of Appropriateness can be found at the following link: http://www.stjosephcountyindiana.com/departments/sjchp/coaform/12COAApplication.pdf Permit applications can be picked up at our office or found at the following link: https://www.southbendin.gov/residents/content/building-permits. Be advised that application for the required permits will be charged a triple fee as per Section 21.6-4.1(e) or the City of South Bend Ordinance. If these violations exist on or after June 26, 2017 citations will be issued. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Ayoka Paek, MCP, MCIP Zoning and Business Services Administrator cc: Historic Preservation Commission ruLnIT:3-LOI-=lIHa□□□mLT)HILOI-=)□nj:rua-a-LT)uicr'ETa-a-J]LT)HIHIHIHI□□□□□O□□ruruLHLHHIHILHLHHIHI□ 1 □P-U.S. Postal Service™CERTIFIED MAIL® RECEIPTDomestic Mail OnlyFor delivery information, visit our website at www.usps.com'^.Certified Mail Fee$PostmarkHereExtra Services & Fees (check box, add as appropriate)n Rehim Recdot fhardeonvi Sn Return Recelot telectronlc^ $rn Certiflsd Mail Restricted Deliverv Sn Adult Sianature Reaulred S|~] Adult Signature Restricted Delivery SPostage$Total Postage and Fees$t!!iOTent OccupantfT,IN 46628PS Form 3800, April 2015 PSN 7530-02-000-9047See Reverse for Instructions Certified Mail service provides the foilowing benefits:n A receipt (this portion of the Certified Mall label).n A unique identifier for your mailpiece.n Electronic verification of delivery or attempteddelivery.n A record of delivery (including the recipient'ssignature) that is retained by the Postal Service'^for a specified period.for an electronic return receipt, see a rImportant Reminders:n You may purchase Certified Mail service withRrst-Class Mail®, First-Class Package Service®,or Priority Mail® service.n Certified Mail service is nofavaiiable forinternational mail.n Insurance coverage Is no/available for purchasewith Certified Mail service. However, the purchaseof Certified Mail service does not change the iinsurance coverage automatically included withcertain Priority Mail items.n For an additional fee, and with a properendorsement on the mailpiece, you may requestthe foilowing services:- Return receipt service, which provides a recordof delivery (including the recipient's signature).You can request a hardcopy return receipt or anelectronic version. For a hardcopy return receipt,complete PS Form 3811, Domestic ReturnReceipt; attach PS Form 3811 to your mailpiece;PS Form 3800, April 2015 (Reverse; PSN 7530-02-000-9047iMPetailassociate for assistance. To receive a duplicatereturn receipt for no additional fee, present thisUSPS®-postmarked Certified Mail receipt to theretail associate.- Restricted delivery service, which providesdelivery to the addressee specified by name, orto the addressee's authorized agent- Adult signature service, which requires thesignee to be at least 21 years of age (notavailable at retail).- Adult signature restricted delivery service, whichrequires the signee to be at least 21 years of ageand provides delivery to the addressee specifiedby name, or to the addressee's authorized agent(not available at retail).: To ensure that your Certified Mali receipt isaccepted as legal proof of mailing, it should bear aUSPS postmark. If you would like a postmark onthis Certified Mail receipt, please present yourCertified Mail item at a Po^ Office'" forpostmarking. If you don't need a postmark on thisCertified Mail receipt, detach the barcoded portionof this label, affix it to the mailpiece, applyappropriate postage, and deposit the mailpiece.. I.',, >-•ORTANI^ Save this receipt for your records. crLHuncr3-LHHIHI□O□□rui-nHILOHI□crcrLHU1Ul'untrcrITITJ]LT)LOHIHIHIHIen□□en□C3□CZIruruLHLT)HIHILnLOHiHIt=]□n-U.S. Postal Service™CERTIFIED MAIL® RECEIPTDomestic Mail OniyFor delivery information, visit our website at www.usps.com".C) i" p i C# 1 ! w ""*1Certified Mall Fee$PostmarkHereExtra Services & Fees (checkbox, add fee as appropriate)nRntiimRflcfllntfhanlftoovt Si~~l Rflti im Rfiopint tfilftcfmnirt $r~l nfirtififtri Mnll Rnstrictftd f^fllivftrv $n Adult Sianatiim Reaiiired Sf~| Adult Siqnatiira Riwtrifttfid DfiUvftrv 4Postage$Total Postage and Fees$Wanda R & Leticia S MorrisfbffiWafid, IN 46611PS Form 3800, April 2015 PSN 7530-02-000-9047See Reverse for Instructions Certified Mail service providesn A receipt (this portion of the Certified Mall label).n A unique identifier for your mailpiece.n Electronic verification of delivery or attemptedn A record of delivery (including the recipient'ssignature) that is retained by the Postal Service™for a specified period.Important Reminders:n You may purchase Certified Mail service withFirst-Class Mail®, First-Class Package Service®,or Priority Mail® service.n Certified Mail service is nof available forinternational mail.n Insurance coverage Is /70f available for purchasewith Certified Mail service. However, the purchaseof Certified Mail service does not change theInsurance coverage automatically included withcertain Priority Mail items.n For an additional fee, and with a properendorsement on the mailpiece, you may requestthe following services:- Return receipt service, which provides a recordof delivery (including the recipient's signature).You can request a hardcopy return receipt or anelectronic version. For a hardcopy return receipt,complete PS Form 3811, Domestic ReturnReceipt; attach PS Form 3811 to your mailpiece;PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047IMPthe following benefits:for an electronic return receipt, see a retailassociate for assistance. To receive a duplicatereturn receipt for no additional fee, present thisUSPS®-postmarked Certified Mail receipt to theretail associate.- Restricted delivery service, which providesdelivery to the addressee specified by name, orto the addressee's authorized agent.- Adult signature service, which requires thesignee to be at least 21 years of age (notavailable at retail).- Adult signature restricted delivery service, whichrequires the signee to be at least 21 years of ageand provides delivery to the addressee specifiedby name, or to the addressee's authorized agent(not available at retail).: To ensure that your Certified Mail receipt isaccepted as legal proof of mailing, it should bear aUSPS postmark. If you would like a postmark onthis Certified Mail receipt, please present yourCertified Mall item at a Post Office™ forpostmarking. If you don't need a postmark on thisCertified Mail receipt, detach the barcoded portionof this label, affix It to the mailpiece, applyappropriate postage, and deposit the mailpiece.ORTANT: Save this receipt for your records.' A''nv ;