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HomeMy WebLinkAboutOctober 1982historicpreservation commission,' of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219 284-9798) AGENDA OF THE REGULAR MONTHLY MEETING OF THE October 18, 1982 HISTORIC PRESERVATION COMMISSION Third Floor Conference Room 7:30 p.m. Room 323 - County/City Building 1. Call to Order 2. Roll Call 3. Approval of Minutes - September 20, 1982 4. Treasurer's Report 5. Correspondence 6. Committee Reports a. Budget,& Finance b. Historic Districts c. Historic Landmarks - 1) Report on Oliver School 2) Form letter for Landmarks d. Legal 1) Ordinance Amendment e. Public Relations & Community Education f. Environmental Impact Statement 1) Certificate of Appropriateness for 649 River Avenue 2) Violation of Standards Notification g. Staff Report 1) Small Town Survey 2) Conference Report 7. Old Business a. Downtown Buildings 8. New Business 9. Hearing of V:isitors a. Mr. John Ford - rezoning of property at 615 Colfax 10. Announcements & Miscellaneous Matters 11. Adjournment historic reservation commissoni p of south bend and st. joseph county Regular Meeting M I N U T E S October;18, 1982 1. Call to Order The meeting was called to order at 7:36 p.m. 2. Roll Call ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (218 284-9798) Third Floor Conference Room County/City Building MEMBERS PRESENT: Mr. John Oxian, Mrs. Gina DeLaruelle, Mrs. Martha Choitz, - Mr. Ted Wasielewski, Mr. F. Jay Nimtz, Mr. Charles Hayes MEMBERS ABSENT: Mr. Odell Newburn, Mrs. Janeanne Petrass, Mrs. Joann Sporleder ALSO PRESENT: Karen Kiemnec, Preservation Planner; Leslie Choitz, Southhold Restorations Director; Chuck Lahey, owner of 615 W. Colfax; John Ford, attorney for Christopher Batalis; Peg Fackelman, HPC Commission Secretary 3. Approval of Minutes Mr. Nimtz made a motion to approve the minutes; Mr. Hayes seconded; motion passed. 4. Treasurer's Report Mr. Oxian made a motion to accept the report as written; Mrs. DeLaruelle seconded; motion carried. 5. Correspondence Following are the materials received September 21 - October 17, 1982: a. a thank -you -note from Gina DeLaruelle for the HPC's participation in the Edgewater Place Home Tours b. the Old -House Journal for October, 1982 c. a program brochure on a small -,town development conference to be held in Wabash on October 22-23 d, a brochure on books dealing with housing,.land use, etc., available from the Center for Urban Policy Research e. the IAC News for September, 1982 f. Preservation News for September and October, 1982 g. Southhold Newsletter for October, 1982 October] 8, 1982 Page 2 h. minutes from a July 12, 1982 meeting of the Indiana Preservation ;Advocates in Indianapolis. i. a Newsletter.for COPAR, September, 1982 j. a gift catalog from Renovator's Supply, Inc. September, 1982- k. 982k. an announcement card of the formation of Langelier Historic Properties, Inc. in Washington, D.C. 1. a plaque brochure and price list from the Smith -Cornell Homestead, Inc. of Auburn, Indiana m. a program agenda on a Victorian House seminar, November 6th at the Marshall, Michigan Civic..Center 6. Committee Reports a. Budget.&'F.inance No report. b. Historic Districts No report. c. Historic Landmarks 1) Report on Oliver School Mr. Oxian informed the'Commission that Oliver School will -b6 up for Second Reading and Public Hearing at the Common Council meeting on November'8, 1982. 2) Form Letter for Landmarks Ms. Kiemnec presented copies of a form.letter'which will be sent to building owners when their homes have been designated-as'landmarks. The HPC approved the letter by general consensus. d. Legal 1) Ordinance Amendment Ms. Kiemnec reported that the Ordinance Amendment.has been adopted by the_ Common Council and she will bring copies of it to the'next meeting. e. Public Relations & Community Education Mr. Hayes presented two topics. First, the committee feels that the HPC should purchase a good camera. Mr. Wasielewski asked Ms. Kiemnec to look into the matter and report back with her..findings at the November meeting. The second/_topicbrought up by Mr. Hayes dealt- with Channel 34's "Images" program. They want to do a segment once or twice a month on historic downtown buildings in conjunction with the Commission. f. Environmental Impact Statement 1) Violation of Standards Notification Ms. Kiemnec presented copies of.a form letter on this (See Appendix B). It was decided that the Commission should review the letter and it will, be brought up again in November: ' g. Staff Report 1) Small Town Survey Ms. Kiemnec reported that the Survey is progressing very well. October;: 18, 1982 Page 3 2) Conference Report Ms. Kiemnec reported on the National Trust for Historic Preservation Con- ference held in Louisville. (See Appeihdix C) She outlined a number of points brought up at the conference: - The National Trust is offering a property and casualty insurance program to member organizations with the St. Paul Fire and Marine Insurance Company. Ms. Kiemnec has sent for more -information on this. -.The Trust is looking into possibilities for insurance coverage and a fringe benefits plan for executive directors of preservation organi- zations. This will be formally announced at the 1983 annual meeting to be held in San Antonio. - The National Alliance of Preservation Commissions was formed and the first annual meeting was held. Ms. Kiemnec registered the HPC in this for one year for $1. This organization will put commissions in touch with each other to compare ideas and information. It's also helpful to communities interested in starting up a commission. - Ms. Kiemnec discussed the concept of Certified Local Governments which was a provision in the 1980 Amendment to the National Historic Preservation Act. Federal regulations are not yet available. Some of the points emphasized in the meeting attended by Ms. Kiemnec were: 1) having procedures defined and strictly followed; 2) keeping adequate and accurate documentati.on; and 3) litigating only sure -win cases. Ms. Kiemnec also displayed three books purchased at the conference: Insulating the Old House by Greater Portland Landmarks, Inc., Researching the Old House by Greater Portland Landmarks, Inc. and Landmarks Preservation and the Property Tax by David Listokin. 7. Old Buildings a. Downtown Buildings Mr. Oxian reported on his. -recent meeting with Kathy Cekanski, Ms. Kiemnec, Jon Hunt of Redevelopment and some councilmen.- Ms. Cekanski made some changes in .: the ordinance... reducing the years from 5 to 3 and -also the right of appeal of property owners to the City Council. Mr. Hunt -had suggested we send a form letter which explains the ordinance to downtown building owners. (See Appendix D - sent 10/11/82.) 8. New Business No report. 9. Hearing of Visitors a. Mr. John Ford - rezoning of 615 W. Colfax Mr. ,Ford, representing Christopher Batalis, requested rezoning from B to C-1 for the property at 615 W. Colfax. Mr. Batalis would like to use the building for his advertising agency and will make no changes to the property except for adding parking at the rear. Mr. Ford asked that the Commission, if it had no objections to the rezoning, state this in a letter to the Area Plan Commission. Mr. 'Oxian'.-- stated that the HPC has no control over land use but suggested that the building be declared a landmark. c"- -st Readifig s heW and nc-a Ge,;, -R4 6s-ieIR w! I I da l"tea; act i aa -en the w-atter-`m,z , l Pip. Ford JiseEjssac it ►:-i-th -h4-z el i c� t . RESCINDED AND ORDERED EXPUNGED �U 10. Announcements & Miscellaneous Matters No report. _ - - r._ N i mmz made a mot Torr: -_t ,_ r - $ o ad �u---- _.. rn• the. meeting=was adjourned at ll. Adjournment M,45 _ � C'71r APPENDIX A Dear The Historic Preservation Commission is pleased to inform you that on your historic home was officially designated as an historic landmark by the Common Council and the Mayor of the City of South Bend. The Commission congratulates you on your continued efforts of the preservation of your home, a significant archi- tectural and historical reminder of our cultural heritage. It is through the conscientious efforts of homeowners like yourself that South Bend's history can become an integral part of our future. Sincerely, Ted Wasielewski President APPENDIX B Dear The Historic Preservation Commission has been alerted to the fact that you have made an alteration to the exterior of your home in the Edgewater Place Historic District without obtaining a Certificate of Appropriateness. The Certificate of Appropriateness is necessary for any construction, reconstruction, alteration, demolition, or moving of any exterior features of any building within a local his- toric district. For a more specific application of the guidelines, see your Edge- water Place Historic District Standards booklet. Failure to obtain a Certificate of Appropriateness is in violation of Section 21-117.2 of tale Municipal Code of the City of South Bend (see enclosed). In the future, please call the Historic Preservation Commission office when you plan on any exter- ior changes requiring a Certificate of Appropriateness and the Preservation Planner will visit the site and initiate the necessary procedures for a Certificate of Appro- priateness. If you have any questions as to whether your work requires a Certificate of Appropriateness, please call the Historic Preservation Commission office. The Commission wishes to encourage and work with you on continued maintenance of the homes in Edgewater Place in order that your neighborhood may retain its unique early 20th Century character and continue to be a nice place to live. Sincerely, Ted Wasielewski President TW/pf APPENDIX C THIRTY-SIXTH NATIONAL PRESERVATION CONFERENCE NATIONAL TRUST FOR HISTORIC PRESERVATION HISTORIC DISTRICT TRACT Design Review by a Historic District Commission - Keep accurate records. This is especially important in cases that go to court, have adequate documentation. - Require complete and honest documentation of homeowner for Certificate of Appropriate- ness Applications. Be sure you understand what he wants to do; even poorly constructed details can spoil a project. With new construction (in -fill), if the applicant has no architectural renderings, have him bring in photographs of similar examples and then be sure he knows how to do it if he is doing the work himself. - Remember that the Design Review is a Public Action and treat it as such. - Maintain official demeanor during hearings. It is good to have a lawyer as chairman - because he is aware of the legal process. - Steer away from personal preference statements at the public hearings such as, "I don't like..." or "I think it's ugly..." Instead discuss what is "appropriate" to the building, and/or. district. - Don't be apologetic, if it was not importaht ,,the district wouldn't have survived designation. - Set priorities within the standards for each landmark and district. Signs should have lower priority because they are less permanent. - Use the power of your Ordinance only as a last resort. Manaqinq Historic District Commissions and Designated Historic Districts Speakers were from Charleston, S.C. and Cincinnati, Ohio. They spoke on these topics as it related to their regions. - The socio-economic impact must be considered when designati a landmark or districts. - The Commission should try to maintain a non -threatening, helper role. - Back off on creating a district where there is not a majority in favor of it. Eventually you will probably get the district anyway and you will avoid the image that you are trying to "shove it down their throats." - In Cincinnati, the staff can sign off on any C. of A. that involves work not seen from the street. - Cincinnati's C. of A. is made up of 3 parts: the Staff Report, the Application, and the Final Action. - Set priorities in the review process so that you do not spend 20 minutes reviewing paint colors and 5 minutes on a major construction. It then appears to the public that the paint decision is the more important of the two. Litigating a Historic Preservation Case Processing a Certificate of Appropriateness Application - Follow procedures - Make a checklist of steps to be followed - Record the proceedings at the public hearing - Write up the final decision Litigating a case �--- Be able to identify the facts of the case and the law that applies to it - Work closely with your attorney and give him all the facts of the case - Don't litigate."bad" cases - those which you -have a good chance of losing. Try to com- promise and get out. Each case sets a precedence and when a case is lost, it weakens your authority - Try before litigation begins to have a unified approach with other preservation organi- zations in the city. - Cultivate resources that you may call on as "expert" witnesses such as university professors, local architects, developers, real estate people, and preservation groups. - Always follow procedures, if there is a question, seek out legaladvice first. Procedural errors are the main reason that preservation cases are lost. If there has been a procedural error, redo the action and try to compomise, if possible. Present an image in court that you are trying to take everyone's interest into account, the preservationists as well as the developers, homeowners, etc. klk 10/14/82 APPENDIX D historicpreservation commission of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 1219 284-9798) The Historic Preservation Commission of South Bend and St. Joseph County, begun in 1973, was established to identify, survey, plan for, and recommend to the Common Council the designation of historic landmarks and districts. By observing the provisions of its ordinance, the Commission hopes to stabilize and preserve irre- placeable elements of South Send's architectural heritage and thereby improve property values, foster civic beauty dnd community pride, and strengthen the local economy. As a part of what it has been created to do, the Historic PreservatioA Commission ,trorks with all areas of the city but one of its top priorities is the Central Business District. Approximately forty buildings are listed on the Indiana Historic Sites and Structures Survey in downtown South Bend with ratings of 1.1, 12, or 13, i.e., archi- tecturally and historically significant or outstanding. All of the structures are very good examples of commercial or public buildings that are an important part of the development and history of the city.. On October 25th, a public hearing will be held by the Common Council to review a proposed ordinance which will safeguard these downtown buildings by banning demolition for three years. This will give the Historic Preservation Commission time to approach building owners to discuss the benefits of preservation through either local or Na- tional Register designation such as: tax credits on rehabilitation costs, facade easement tax breaks, recognition, etc. The Historic Preservation Commission wishes to encourage continued maintenance and restoration of the buildings and the proposed ordinance will not put restrictions on these, in fact, the Commission has a resource libra.ry•and would be willing to offer guidance in these matters. In addition, the Commission realizes that in some cases, there may be extenuating circumstances and preservation will be impossible. For this reason, an appeal process has been included in the ordinance. The Commission would appreciate your cooperation in its commitment to the Central Business District of South Bend. If you have any questions, please contact the Com- mission's Landmark Chairman, John Oxian at 234-7202 or the Commission office at 284-9798. Sincerely, John Ox i an Chairman, Landmarks Committee 'HISTORIC PRESERVATIOIMMISSION BUDGET $18,000 Treasurer's Report as 9f September 29, 1982 Line `Item Budgeted for 1982.- Current Bills Balance 111 Historic_ Preservation Planner. $14,500.00 $1,208.33 . $3,625.03 212 _Postage 250.00 8.42 41.00 transfer 152.86 to 263) 213 Travel Expense 200.00 -0- . 87.50. 214 Mileage Allowance 150.00 40.00 ($36.50 voided 38.72 purchase order) 215 Books 100.00 -0- 57.55 241 Printing, Other.than Office'Supplies' 300.00 1.24 282,54 '24.3 -Photography 4. 250.00 _ 11.50 168.85 244 Stationery,& Printing 150.00 -0- 88.45 245 BIueprIntIng 50.00 -0- 50.00 . 246 Photocopying 100.00. -0- 100.00 252 Equipment 100.00 -0- 38.80 261 Legal Services 800.00 -0- 213.00 263 Technical Assistance 500.00 140.00 (+$1.00 transfer -0- from 212) 265 Publication of Legal Notices 100.00 -0- 100.00 360 Office Supp]ies 350.00 -0- 37.74 570 Dues 50.00 -0- 25.00 571 Subscriptions 50.00 :-0- 34.00 TOTAL $18,000.00 $1,372.99 $5,100.04 Project Small Town $ 7,000.00 $. -0-. $3,448.83 Survey.